The URL can be used to link to this page

08-28-2018 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL August 28, 2018 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — Regular Session Opening Prayer and Pledtes of Allegiance to the Flags of the United States and State of Texas. (Councilmember Larson) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • Announcements and recognitions by the Acting City Manager (B. James) • Announcements and recognitions by the Mayor (M. Carpenter) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 08 -28 -2018 Council Agenda Workshop 9 Discussion regarding Short and Mid-Term Rentals. (B. James/L. Wood/B. Cox) Consent Al!enda 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. I Minutes — Consideration and/or action regarding the approval of the minutes of the Special Retreat meeting of August 3, 2018 and the minutes of the Regular meetings of August 7, 2018 and August 14, 2018, and minutes of the Special Community Budget meetings of August 16, 2018 and August 22, 2018. (B. Dennis) 2. Ordinance No. 18-T-28 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz Texas authorizing an adjustment to the Fiscal Year 2017-2018 Budget, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final Reading (B. James/J. Walters) 3. Appointments to the various City Boards, Commissions and Committees — Consideration and/or action appointing Mr. Daniel Ortega to the Economic Development Corporation Board. (B. Dennis/Mayor-Council) 4. Resolution No. 18-R-88 — Consideration and/or action approving a Resolution authorizing an agreement for Management Services between the City of Schertz and the Schertz-Seguin Local Government Corporation. (D. Wait/A. Cockerefl/A. Briggs- Beard) 5. Resolution No. 18-R-111 — Consideration and/or action approving a Resolution authorizing an Interlocal Agreement between the City of Schertz and the Drug Enforcement Administration for two Task Force Officers. (D. Wait/M. Hansen) 6. Resolution No. 18-R-1 12 — Consideration and/or action approving a Resolution authorizing a Memorandum of Understanding between the City of Schertz and the Children's Advocacy Center of Comal County, Inc. (D. Wait/M. Hansen) 7. Resolution No. 18-R-1 13 — Consideration and/or action approving a Resolution authorizing an Interlocal Agreement between the City of Schertz and the Guadalupe County Attorney in reference to the disposition of seized property and contraband. (D. Wait/M. Hansen) 8. Resolution No. 18-R-115 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing an Interlocal Agreement between the City of Schertz and the Texas Department of Public Safety; Disposition Services, Law Enforcement Support Office for the acquisition of surplus property. (D. Wait/M. Hansen) 9. Resolution No. 18-R-116 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing expenditures with 08-28-2018 City Council Agenda Page - 2 - Motorola totaling no more than $85,000 for communication equipment during the 201.7 -2018 Fiscal Year and other matters in connection therewith. (D. Wait /K. Long) 10. Resolution No. 18 -R -117 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing additional expenditures with Ford Engineering, Inc. in a total project amount not to exceed $60,01.3 for design, bid, and construction Phase Engineering Services for the FM 1103 Water and Waste Water Line Relocation Project in advance of the FM 1103 Road Widening Project. (D. Wait /J. Hooks) 11. Resolution No. 18 -R -118 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the Acting City Manager to submit a proposal to JBSA Randolph for Ambulance Services. (D. Wait /J. Mabbitt) 12. Resolution No. 18 -R -119 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing a program and expenditures as provided for in the Performance Agreement between the City of Schertz Economic Development Corporation and Titan Lookout LLC. (B. James /K. Kinateder) 13. Resolution No. 18 -R -120 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the Acting City Manager to enter into an agreement for the purchase of watch Guard in- car /body worn camera system bundles and establishing a maximum not to exceed purchase amount of $121,600 for Fiscal Year 2017 -2018. (D. Wait /M. Hansen) Discussion and Action Items 14. Ordinance No. 18 -M -30 — Consideration and /or action approving an Ordinance amending the City Council Rules of Conduct and Procedure related to the appointment of the Mayor Pro -Tem Position. First Reading (B. Dennis /Mayor- Council) 1.5. Ordinance No. 18 -M -31 - Consideration and /or action approving an Ordinance amending the City Council Code of Ethics related to the procedure for conducting inquiries. First Reading (B. Dennis /Mayor - Council) 1.6. Public Hearing on Proposed Budget for FY 2018 -19 — Conduct a public hearing regarding the adoption of the FY 2018 -19 Budget. (First required public hearing) (B. James /J. Walters) 17. Public Hearing on Proposed Tax Rate — Conduct a public hearing regarding the PH adoption of the FY 2018 -19 Tax Rate. (First required public hearing) (B James /J. Walters) 18. Ordinance No. 18 -S -29 — Conduct a public hearing and consideration and/or action PH approving an Ordinance regarding a request of a Specific Use Permit and associated conceptual site plan to allow a Convenience Store with Gas Pumps on an approximate 0.93 -acre site. The property is more specifically described as Lot 6, Block 1 of the Tri- County Business & Industrial Park Unit I A Subdivision; City of Schertz, 08 -28 -2018 City Council Agenda Page - 3 - Guadalupe County, Texas; located at 17501 IH 35. First Reading (B. James /L. Wood/E. Grobe) Roll Call Vote Confirmation Workshop • Discussion and possible action regarding the City of Schertz Interview Committee. (B. Dennis) (Item requested by Council to be brought back) • Presentation, discussion and direction regarding the Fall Council and HOA Presidents meeting. (B. Dennis) Roll Call Vote Confirmation Closed Session 19. City Council will meet in closed session under Section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. 20. 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 -044 Reconvene into Regular Session 19a. Take any action based on discussions held in closed session under Agenda Item 19. 20a. Take any action based on discussions held in closed session under Agenda Item 20. Roll Call Vote Confirmation Requests and Announcements • Announcements by the Acting City Manager. • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. • Announcements by Mayor and Councilmembers 08 -28 -2018 City Council Agenda Page - 4 - • 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 21. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Update regarding recycling. • Pending informational items. 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 20 DAY OF AUGUST 2018 AT 5:15 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. g1zENT�A DENNIS Brenda Dennis, City Secretar 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 , 2018. 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 closed 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. Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS 08 -28 -2018 City Council Agenda Page - 5 - Mayor Carpenter Councilmember Scagliola — Place 5 Main Street Committee Interview Committee for Boards and Commissions - Alternate Hal Baldwin Scholarship Committee Schertz- Seguin Local Government Corporation — Alternate Cibolo Valley Local Government Corporation - Alternate Councilmember Davis— Place 1 Councilmember Gutierrez — Place 2 Audit Committee Audit Committee Schertz Housing Authority Board Investment Advisory Committee Interview Committee for Boards and Commissions Main Street Committee - Chair Councilmember Larson — Place 3 Councilmember Edwards — Place 4 Main Street Committee — Vice Chair Interview Committee for Boards and Commissions Investment Advisory Committee Cibolo Valley Local Government Corporation Main Street Committee Councilmember Kiser — Place 6 Councilmember Crawford — Place 7 Schertz Animal Services Advisory Commission Schertz- Seguin Local Government Corporation Audit Committee Interview Committee for Boards and Commissions TIRZ II Board 08 -28 -2018 City Council Agenda Page - 6 - CITY COUNCIL MEMORANDUM City Council Meeting: August 28, 2018 Department: Subject: City Secretary Minutes Agenda No. 1 The City Council held a Special meeting on August 3, 2018, a Regular meeting on August 7, 2018 and a Regular meeting on August 14, 2018 and Special Community Budget meeting on August 16, 2018 and August 22, 2018. FISCAL IMPACT None Staff recommends Council approve the minutes of the Special Meeting held on August 3, 2018 and approved the minutes of the Regular meeting held on August 7, 2018, the minutes of the Regular meeting held on August 14, 2018 and the Special Community Budget meetings held on August 16, 2018 and August 22, 2018. ATTACHMENTS Minutes of the Special meeting of August 3, 2018, Minutes of the Regular meetings of August 7, 2018 & August 14, 2018 and minutes of the Special Community meetings August 16, 2018 and August 22, 2018. MINUTES SPECIAL MEETING August 3, 2018 A Special Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 3, 2018, at 8:30 a.m., at the City of Schertz Civic Center, Bluebonnet Hall, 1400 Schertz Parkway, building #5 The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Cedric Edwards Councilmember Ralph ,Gutierrez Councilmember Bert Crawford Mayor Pro -Tem Scagliola and Councilmember Kiser were a Staff Present: Acting City Manager Brian James City Attorney Charles Zech Assistant to the City Manager Sarah Gonzalez Guests Present: Tim Brown Glen Outlaw Richard Dziewit Allison Heyward Ferrando Heyward Mayor Carpenter c Welcome /Ovei General Co lion and d s and Capi order at 8:32 ve Director Dudley Wail cretary,Brenda Dennis Director James Walters there was a quorum present. [get preparation, including but not limited to City (:B. James) Mayor Carpenter recognized, Acting City Manager Brian James and Finance Director James Walters who reviewed the follovng which were discussed by Council: The following items we're discussed: • Base Budget — 5 -year model (where did we end up) • Revenues & Expenses - - Reduced Revenue • Continued increase in Disabled Veterans Homestead exemptions (approx. $900K since 2014 -15 — recurring cost) • Ongoing decline in Court revenues (shift to community Policing philosophy) 08 -03 -2018 Minutes Page - 1 - (approx. $1 million since 201.2 -13 — recurring cost) o Proper allocation with HOT and EDC funds (approx. $260K — recurring cost) • The implementation of the Class and Comp Study • Approx. $1.6 million over the 4 -year period (recurring) • Employees still in bottom half of the market • Increased cost to provide same level of service • Cost of fire service — to open a new station costs approx.: ■ $1.2 million recurring staff and equipment ■ $800K fire apparatus ■ $8 million facility • Police vehicles ■ $57K in 2010 -1.1 vs. $66K in 2018 -1.9 (15:$% inc • Expanded program discussions Mayor Carpenter called for a brief break at 11:35 Guest Richard Dziewit left the meeting. • Class & Compensation (act on) — need for a • General Fund — 5 Year Forecast • Budget Goals: 5 Year Forecast • Tax Rate • The Effective R;t amount of revenue Rate is a calculate( • 18 Tax Year > $0.51.46 per v tax, rate of $0 w over 7 -year period) Why tax rate changing a calculated rate that .would provide the city with about the same ceivl the year before can properties taxed in both years. The Rollback unum rate all6wed,by law without voter approval. If Council adopts a back Rate, citizeris' can petition for an election to reduce the rate back ve Rate is $0.4892 per $100 of valuation and the 2018 Rollback of valuation. Staff is recommending a preliminary maximum per $100 which is the same as the Rollback Rate. • Discussion regarding' FY201.8 -1.9 Budget, New Personnel requests, equipment and outsourcing contracts, program changes /additions, reassigned departments. • Discussion regarding other requests for the FY 201.8 -19 budget. Final comments were provided by Acting City Manager Brian James. Adjournment Mayor Carpenter adjourned the meeting at 1.2:28 p.m. 08 -03 -2018 Minutes Page - 2 - Michael Carpenter, Mayor Brenda Dennis, City Secretary 08 -03 -2018 Minutes Page - 3 - MINUTES REGULAR MEETING August 7, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 7, 2018, 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 Pro -Tem David Scagliola Councilmember Ralph Gutierrez Councilmember Angelina Kiser Staff Present: Executive Director Dudley Wait City Attorney Dan Santee Mayor Carpenter and Councilmember Larson Mayor Pro -Tem Scagliola called the Texas. (Councilmember Councilmember D,- Flags of the United • EM'S, Benjamin 't • Utility Billing, Luk • Polie, Jerry Perez, • Publie arks_ Chaff Herrera, Drainage Worker I of Texas. t. to order at followed by the Pledges of Allegiance to the Meter Tech I )rcement Officer Street Worker 1, Deon McAfee, Drainage Worker I, Davian Building Inspector Each Department Supervisor introduced their new staff member(s) and provided a brief bio on them. Mayor Pro -Tem Scagliola and Council welcomed everyone on board. Mayor Pro -Tem Scagliola recognized Boy Scout Tyler Peake from Troop 51 who is in the audience this evening working on his Citizenship Merit Badge. Presentations • SchertzQ and 60th Anniversary (S. Gonzalez /M. Spence /C. Michels) 08 -07 -201.8 Minutes Page - 1 - Mayor Pro -Tem Scagliola recognized Events Manager Mary Spence and Events Specialist Cassie Michels who presented details of the SchertzQ event and the upcoming 60th Anniversary celebration of our city. The 60th Anniversary will be held at Pickrell Park on Friday, September 14 and Saturday, September 15. This will be a family event and there will be a BBQ Competition as well. There will be life sized yard games, Sound Cream Airstream, Settlers Corner, a car show, junk art and art contests, birthday cupcakes, root beer and more. 08 -07 -201.8 Minutes Page - 2 - k -Off. There will be food, there will be a fireworks Gonzalez who Filing for Schertz City Council Election for November 6, 2018 began July 23, 2018 The City of Schertz will be holding its General Election on November 6, 2018 for the purpose of re- electing Council Members in Place 6, and Place 7 for a three -year term, from November 2018 . to November 2021. Any candidate desiring to have his or her name on the Official Ballot shall file an application with the City Secretary's office no later than Mond4y`; August 20, 2018, by 5:00 pm. The application shall be in writing in the form prescribed by the Texas Election Code requesting that his or her name be placed on the Official Ballot and declaring themselves as a candidate. The Candidate packet is available in the City Secretary's office at' 140,0 Schertz Parkway, Building 2, or it can be found online at www.shertz.com. Should you'hve any questions, please contact the City Secretary's office at,(2,10) 619 -1030. Mayor who spoke: • Mr. Mark Allen, 308 Antrium,who inquired if there was going to be a future agenda item . regarding widening Wiederstein Road and Old Wiederstein Road. He would like to see a presentation by staff At Council with more information regarding the city's plans for making future improvements on them. Acting City Manager Brian James stated we are close to getting a agreement signed with the City of Cibolo to get going on that project. • Mr. Brent Bolter, 2633 Clover Brook Lane, who spoke regarding a past closed session agenda item regarding a possible violation by a councilmember of the council code of ethics. Council came out of closed session and announced no violation had occurred. He would like to propose a change in procedure relative to situations where folks have been nominated by the interview committee to serve on a board or commission. The nominee(s) should be given a chance to respond to any negative actions. This would be more fair. 08 -07 -2018 Minutes Page - 3 - • Ms. Allison Heyward, 2628 Hansel Heights, who spoke about the hard work Council does in planning the city budget despite having full time jobs. At the recent retreat, they discussed not only next year's budget but also forecasted for 4 years out. She appreciates the fact that citizens are allowed to attend and thus be part of the process. She encourages other citizens to attend one of the three upcoming Budget Meetings this month. She thanked Council for their commitment and transparency in this process. Workshop • Workshop /Discussion regarding amending and revising the Solicitation. Ordinance. (D. Wait /M. Hansen) Mayor Pro -Tem Scagliola recognized Assistant Police, Chief M4rcBane who provided a powerpoint presentation regarding their Peddlers ' and Solicitors Ordinance. They wish to update it and address the following topics. .1) Hours of soliciting, 2) Entry upon premises /property 3) Property owners rights; 4 No Soliciting notices, 5) 'Ag, requirements, 6) Soliciting in the roadway, 7) Ordinance definitions, and 8) improvement of the overall permitting process. nges they would like to recommend for the permitting process include: ''Obtain a photocopy of the solicitor's drivers license or state ID. -If it is a commercial organization, include name and contact info of the owner. -If it is a, commercial organization, include supervisors identifying contact info. -Include a,4411 list,ofgoods /services to be rendered. -A copy ofany sales agreement /contract. -A description of the vehicle to be used during solicitation. - Review the applicant's criminal history and address the city's right to deny a permit. - Reword their performance bond language. - Display an ID that is visible to residents when approached by a solicitor. Mayor Pro -Tem Scagliola stated he needed to go back to the Meaning of Residents as he previously accidently omitted a speaker. After that, he will move back to this item for council questions and comments. 08 -07 -2018 Minutes Page - 4 - Hearing of Residents • Ms. Janet Barnett, 10650 Boenig Drive, who spoke regarding her property (25 acres). They never had an issue until Laurel Ridge was built. More houses came and now they have flooding and drainage problems. She would like some help with this issue. Mayor Pro -Tem Scagliola moved back to the Workshop portion of the agenda. Workshop • Workshop /Discussion regarding amending and revising the, Solicitation Ordinance. (D. Wait/M. Hansen) Assistant Police Chief Marc Bane addressed the f'ollo'wing questions /comments from Council: by City, Attorney regarding initial framework of social media for tutee) . Mayor Po'Tem Scagdla recognized City Attorney Dan Santee who provided a power point presentation on this topic with the following highlights: For City Councilmembers and appointed board commissioners -- just like private email accounts used for public business or text messages from a private phone about public business Internet postings on a private account regarding public business are subject to the Texas Public Information Act. Once requested under the Texas Public Information Act, internet posting from a private account would then become subject to retention, if they were not subject to retention already due to content. 08 -07 -2018 Minutes Page - 5 - The only authorized online forum that does not violate the Texas Open Meetings Act is one that has been established pursuant to 551.006. You do not have that established for the City of Schertz. You have your City of Schertz website and your official social media platforms. But we don't have the one that complies with the Open Meetings Act. This is the one where councilmembers can actually go on that message board and engage dialogue with each other. Only the City Council can govern the City council's social media activity, other than in the event of a violation reported to the Office of the Attorney General. This Council has not brought forward any policy that governs itself as far as your" activity on social media and you are the only body that can do that. Speech of elected officials and government emploces may b regulated within the constraints of the First Amendment and the cases ,interpreting the First Amendment. When it comes to council business you can set the policies if you so choose,,' However, there is nothing in the law that is going to do that. Mr. Santee official Twitter Feed. .en from private Facebook page. tests to the official social media banning citizen from official - -With sufficiently pleaded facts,,a public official's private social media account may be subject to forum an) alyIs s when a d to,promote their work as an elected official. anal' reveals the public official uses the private social media platform in a that has crested a limited public forum, the First Amendment protections I private citizens in such a forum apply to the public official's private social - -Even in the absence of a policy, an elected official who creates a limited public forum may not block users for their viewpoint. - -A public official who approves a policy for the governmental entity may be presumed to have understood the legal principles of the policy. - -A governmental entity will not likely be held liable or responsible for the actions of an individual public official absent an official policy, custom, practice or failure to train that directly caused the harm. 08 -07 -2018 Minutes Page - 6 - - -Case law analysis recognizing social media platforms as a public forum is continuing to evolve and broaden. Public officials must be cognizant of their obligations in moderating their presumed personal platforms in this ever - changing legal landscape with this recent string of cases. Mayor Pro -Tem Scagliola had three comments. 1) So, the City Councils have the right to govern themselves? Attorney's answer: True. 2) Adherence to ethical codes of conduct does not violate a councilmember's first amendment rights. Attorney's answer: Yes, you can control how this council does this council's business. 3) So, a policy we adopted for employees also applies to us because we are the policy makers" 'Attorney's answer: It could but it doesn't as we sit here today. It would if you used a personal Facebook or other social media platform in the same manner that the city's official platfotin is used. Councilmember Kiser asked, What if you simply delete someone "9 comments, not block them? Attorney's answer: There are some caes he can get copies of and there is one regarding the nuances between blocking versus hiding, They don't really,make a final decision on it; rather, they focus on the blocking because that was the allegation of those who brought forward the case. The question is going,tc be `Are you preventing them from participating in the forum itself. It is an interaction with everyone else, not just you. He feels there is probably a good chance it would be viewed the same way; however, that decision has not come down yet, on deleting or hiding a post, s a to him' ", ', ttee to residen and is a Tern Scagliola what direction they should give putting tog Cher a committee to do some work Mayor f'r'o -Tem Scagliola stated he had no r over the guidelines, etc. He is still in favor of want information. He feels the city's public wod place for citizens to seek information. His ee legally to go over the guidelines. Mr. Santee that and they can put together a committee and C6uncilmember Gutierrez stated for clarity, Facebook or Twitter are basically public forums�wkrere councili�embers can voice their opinions. It is all in how you use it. There is only one official message board that is compliant with the open meetings act and where a city can setup a city message board. Schertz does not have that set up. Mr. Gutierrez said he is more interested in private accounts. Since the case law example showed the issue was not what was aid/discussed and was more about the `blocking' of participants. So, basically the core of the first amendment still stands. Mr. Santee said that is correct. Mr. Gutierrez stated then councilmembers are free to express their own opinions on their own . private page. Mr. Santee said yes, absolutely. Councilmember Davis stated basically, Councilmembers have to simply apply some common sense and understand the rules and also understand that the rules are evolving every day. Understand the difference between a personal page and one where you are representing yourself as an elected official. The intent was also just to educate our council, 08 -07 -201.8 Minutes Page - 7 - not tell them they can't have a dialog. It is an ever - changing environment. Be careful what you say and how you say it. Mr. Santee stated they will continue to monitor this and get information out to council as needed. Mayor Pro -Tem Scagliola asked that this presentation be made available to the council members not present tonight. He would also like to reserve the right to bring it up next time that council meets so they can figure out a way to go about setting some guidelines. • Workshop /Discussion regarding City of Schertz UDC James /L. Wood /B. Cox) (Requested by Councilmenr Crawford) Mayor Pro-Tern Scagliola recognized Grobe. The planners provided a power current UDC requirements. wall requirements. (B. n and Councilmember Bryce Cox and`Planner I Emily i that provided information on the The first one is from UDC Article 9: Section 21.9.9B.3 requiring an eight -foot masonry wall. UDC Article 9: Section 2i.9.7.G requires a 20 -foot wide landscape buffer with a minimum of one shade tree planted fair each 30 linear feet and a minimum of ten shrubs for each 50 linear feet. Other current regniromerits are UDC, Article 9, Section 21.9.8.0 (Screening Along Arterial Roadways) and UDC A tide 14, Section 21.1.4.3.G (Screening). The reasoning behind, the, requirements were to help mitigate the light and sound pollution of the development to the adjacent residential property. By requiring the screening wall and landscaping;,te purpose is to provide 'visual and audible barrier for the residential property owner from the non - residential or multifamily development. f has receied several pro's and con's through the years regarding the wall requirement. s include increased safety"and mitigation from noise and light. Con's include resident's renee for viewing, vegetation rather than a masonry wall. At this Gime city staff 'has no ability to approve alternative screening or buffering standards nor can they ask a board or commission to review the matter. Therefore, staff has been considering a concept;for a proposed UDC amendment to allow them to both evaluate and approve an alternative design standard. However, a lot more research is needed before a proposal can be submitted for consideration. Two options would be 1) install the masonry wall with a lower requirement for landscaping and a reduction in the buffer width, and 2) don't install the masonry wall but plant a full landscape screening that forms a continuous barrier from the first day the business is open with an increased buffer width. Staff also feels this requirement should only be between non - residential or multifamily development and residentially zoned property and exclude the provision regarding residentially used property. 08 -07 -201.8 Minutes Page - 8 - Mr. Cox and Ms. Grobe addressed questions and comments from Council which included such considerations as having more options, fairness and flexibility and still maintaining our standards. Consent Agenda Items 1. Minutes — Consideration and /or action regarding the approval of the minutes of the Regular meeting of July 24, 2018. (:B. James /B. Dennis) 2. Ordinance No. 18 -M -25 — Consideration and /or action apprdving °an Ordinance by the City Council of the City of Schertz Texas amending the City of Schertz Code of Ordinances and certain other ordinances by amending and establishing fees for certain licenses, permits, and other services provided by the City of chertz for FY 2018 -19. Final Reading (B. James /J. Walters) The following was read into record: ORDINANCE NO. 18 -M -25 into LUTION NO. 18 -R -95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPORARY' EASEMENTS AND PROPERTY NECESSARY FOR THE COMPLETION OF PIPELINES AND APPURTENANCES RELATED TO THE WOMAN HOLLERING CREEK WASTEWATER MAIN PROJECT 4. Resolution No. 18 -R -96 - Consideration and/or action approving a Resolution authorizing approval by the City Council of the City of Schertz, Texas to enter into an Interlocal agreement between the City of Schertz and the Cities of Cibolo, Live Oak, Selma, Universal City and Bexar County, to form the Tri- County Fraud Task Force. (D. Wait /M. Hansen) 08 -07 -201.8 Minutes Page - 9 - The following was read into record: RESOLUTION NO. 18-R-96 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL COOPERATIVE AGREEMENT WITH THE CITIES OF CIBOLO, LIVE OAK, UNIVERSAL CITY, AND SELMA, AND BEXAR COUNTY AND OTHER MATTERS IN CONNECTION THEREWITH 5. Resolution No. 18-R-98 — Consideration and/or action approving a'Resolution authorizing the second of two one-year extensions of the On -Call ' ,,,Engineering Services Master Agreement for Professional Services with Cobb, Fendley & As I sociates, Inc. (13. James/K. Woodlee) The following was read into record: RESOLUTI A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING THE SECOND OF TWO ONE-YEAR EXTENSIONS TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH COBB, FENDLEY, & ASSOCIATES, INC., AND ALL MATTERS IN CONNECTION THEREWITH', A, RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING THE SECOND OF TWO ONE-YEAR EXTENSIONS TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH FORD ENGINEERING, INC., AND ALL MATTERS IN CONNECTION THEREWITH 7. Resolution No. 18-R-100 — Consideration and/or action approving a Resolution authorizing the second of two one-year extensions of the On-Call Engineering Services Master Agreement for Professional Services with Lockwood, Andrews & Newnam, Inc. (13. James/K. Woodlee) The following was read into record: 08-07-2018 Minutes Page - 10- RESOLUTION NO. 18-R-100 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING THE SECOND OF TWO ONE-YEAR EXTENSIONS TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH LOCKWOOD, ANDREWS & NEWNAM, INC., AND ALL MATTERS IN CONNECTION THEREWITH 8. Resolution No. 18-R-101 — Consideration and/or ac authorizing the second of two one-year extensions of the Master Agreement for Professional Services with Papt James/K. Woodlee) The following was read into record: RESOLUTION NO. 18-R-101 9. Resolution No. 18-R-102 — and authorizing an,, 4greemc Coma] Independent School, Dedication bythe,City in,, James/K. Woodlee') 1 11 wing a Resolution mgmeering Services Engineers, Inc. (13. 'OF SCHERTZ, TEXAS OF TWO ONE-YEAR SERVICES MASTER AND ALL MATTERS �nsideration and/or ktioti;,,approving a Resolution approving for a Right-of-Way Dedication along Hubertus Road from strict and authorizing the acceptance of such Right-of-Way ordance with the terms of the Dedication Agreement. (13. revol A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS; APPROVING AND AUTHORIZING A RIGHT-OF-WAY DEDICATION INCLUDING, PUBLIC UTILITY AND DRAINAGE EASEMENTS, ALONG HUBERTUS,1_ ROAD FROM COMAL INDEPENDENT SCHOOL DISTRICT, ACCEPTANCE OF SUCH RIGHT-OF-WAY DEDICATION BY THE CITY IN ACCORDANCE WITH THE TERMS OF THE DEDICATION AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH 10. Resolution No. 18-R-104 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the Acting City Manager to enter into an agreement for the purchase of one (1) Fire Apparatus and Associated Equipment. (D. Wait/K. Long) 08-07-2018 Minutes Page - 11 - The following was read into record: RESOLUTION NO. 18 -R -104 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF ONE (1) FIRE APPARATUS AND ASSOCIATED EQUIPMENT 11. Ordinance No. 18 -S -24 — Consideration and/or action approving an ,Ordinance approving an amendment of Part III, Schertz Code of Ordinances, Unitd Development Code (UDC) amending subsections in Articles 9 and 16 to amend certain site standards for public water and wastewater facilities. Final Reading (B. James /K. oodlee) The following was read into record: t'1 The followiniz as read into record: RESOLUTION NO. 18 -R -106 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE PURCHASE OF RECURRING SUPPLIES, AND OTHER MATTERS IN CONNECTION THEREWITH 08 -07 -2018 Minutes Page -12 - Mayor Pro -Tem Scagliola recognized Councilmember Davis who moved seconded by Councilmember Gutierrez to add Items 16, 17, and 1.8 to consent. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Edwards, Kiser and Crawford voting for and no one voting no. Councilmember Larson was absent. Motion Passed. 16. Resolution No. 18 -R -103 — Consideration and /or action approving a Resolution authorizing an amendment to the existing A133 Agreement for the Construction Phase Services of the Construction Manager at Risk Agreement for the new Fire Station #3 and associated support systems. (D. Wait /K. Long /P. Gaudreau) The following was read into record: RESOLUTION NO. 18. Ordinance No. 18 -D -27 — Consideration and /or action approving an Ordinance providing that the Code of Ordinances for the City for the City of Schertz be amended by revising sections 86 -118 — Maximum Limits in School Zones including the school zone for the Danville Middle School on FM 482 and Hubertus Road and providing an effective date. First Reading (B. James /K. Woodlee /C. Palomo) The following was read into record: 08 -07 -2018 Minutes Page -13 - ORDINANCE NO. 18 -D -27 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CITY CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86 -118, MAXIMUM LIMITS IN SCHOOL ZONES INCLUDING THE SCHOOL ZONE FOR THE DANVILLE MIDDLE SCHOOL ON FM 482 AND HUBERTUS ROAD, AND PROVIDING AN EFFECTIVE DATE. Mayor Pro -Tem Scagliola recognized Councilmember Gutierrez who moved seconded by Councilmember Davis to approve consent items 1 -13 and 16-,8. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Edwards, Kiser and Crawford voting for and no one voting no. Councilmember Larson was absent. Motion Passed. Discussion and Action Items 14. Resolution No. 18 -R -94 — Consideration and /or action:appro mg a Resolution relating to establishing the City's Intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various city improvements frm the proceeds of Tax - Exempt Obligations to be issued by the Ciiy for authorized purposes; authorizing other matters incident and related thereto; and providing 4n effective date: (B. James /J. Walters /M. McLiney /A. Freedman) The following INW1! Mayor Carpenter recognized Finance Director James Walters who stated this resolution is required by the state and the IRS if the city would like to make expenditures on future bonds. The city has planned a refunding bond for later this year starting in October. Since they are both general obligation bonds, the city can combine those two issues into one in order to save issuance costs. That is when the funds are scheduled to arrive. However, we have received a request from TXDoT for the first payment of the FM 1518 contribution. The city plans to wait on the rest of those contributions until TXDot is ready to ask for them. The current timetable we have for that is the year 2021. Mayor Pro -Tem Scagliola moved from the chair seconded by Councilmember Edwards to approve Resolution No. 18 -R -94 to adopt a reimbursement resolution. The vote was 08 -07 -2018 Minutes Page -14 - unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Edwards, Kiser and Crawford voting for and no one voting no. Councilmember Larson was absent. Motion Passed. 15. City of Schertz and Schertz /Seguin Local Government Corporation Refunding Potential — Discussion and consideration and/or action of potential refunding opportunity of outstanding Contract Revenue Bonds of the Schertz /Seguin Local Government Corporation to achieve debt service savings for the Corporation and therefore the City of Schertz. (B. James /J. Walters /M. McLiney /A. Freedman) Mayor Pro -Tem Scagliola recognized Finance Director James Walters who stated this is a refunding opportunity for some SSLGC bonds. The payment of those bonds is split 50150 with Schertz and Seguin. Some extra proceeds mado by SSLGC can offset those bond payments, but currently the city pays about $1.3 million =annually for our fifty percent of these bonds. Mr. Freedman Mayor Pro -Tem voting no. C City Secretary Workshop from Council. O Capital Markets who went 1e 2017 change in tax laws, ling to take this to their board I sell the bonds on September ity of Schertz and the City of k, in interest rates and secure Council that you do wish to i recognized Councilmember Crawford who moved seconded by that Council acknowledges they have been formally briefed on ►te was unanimous with Mayor Pro -Tem Scagliola, Gutierrez, Edwards, Kiser and Crawford voting for and no ember-Larson was absent. Motion Passed. the Roll Call Vote Confirmation for agenda items 1 -18. • Discussion and possible action regarding the City Council Rules of Conduct and Procedure and Council's Code of Ethics. (Item requested by Mayor Carpenter and Councilmember Crawford) Since Mayor Carpenter and Councilmember Larson were both absent, Council decided to postpone discussion of this item. 08 -07 -2018 Minutes Page -15 - Closed Session Mayor Pro -Tem Scagliola convened into closed session at 8:38 p.m. and stated they would take a five (5) minute recess before convening. 19. City Council will meet in closed session under Section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. No Roll Call Vote was, j in closed session under Agenda Item 20. • Announcements by the Acting City Manager. Acting City Manager Brian James stated that Executive Director Dudley Wait had previously sent out an e -mail that there is a hearing at TCEQ on the Post Oak Land Fill. If anyone on Council goes to that hearing tomorrow, please touch base with Mr. Wait first. 08 -07 -201.8 Minutes Page -16 - We have three Schertz firefighters who are among many others within the State of Texas who are now headed out to California to assist with fighting the wildfires out there. Please keep them in your thoughts and prayers. • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Pro -Tem Scagliola recognized Councilmember Edwards who stated he has already spoken to Acting City Manager Brian James about some programs in the budget that may be cut. There are some things he definitely wishes to discuss, PTowever, he doesn't know if that should also be put on the agenda. This can be done at staff's leisure. Monthly update on larger projects /CIP. (D. Wait /K. Woodlee /J. Harshman /T. Buckingham) • Information regarding the city's utility bill distribution. (Requested by Mayor Pro- Tercagliola). (B. James /J. Walters /D. Hardin - Trussell) • Schertz Economic Development Corporation 2nd Quarter update. (B. James /K. Kinateder) • City of Schertz Quarterly Financial. Report. (B. James /J. Walters) • Pending informational items. 08 -07 -201.8 Minutes Page -17 - Adjournment As there was no further business, Mayor Carpenter adjourned the meeting at 9:47 p.m. Brer David Scagliola, Mayor Pro -Tem 08 -07 -201.8 Minutes Page - 18 - MINUTES REGULAR MEETING August 14, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 14, 2018, . 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 Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Dudley Wait City Attorney Dan Santee Call to Order — City Council Regular Session order at 6:01 p of the United" States and State of e opening prayer, followed by the Pledges of Allegiance to State of Texas. City Events (B. James /D. Wait /S. Gonzalez) Corbett Middle chbol 12000 Ray Corlett Drive Tuesday, August 21st Chamber Luncheon 11:30 am Civic Center ve Director Dudley Wait who provided the following Wednesday, August 22nd Second Community Budtet Meeting 6:30 pm North Community Center 3501 Morning Drive 08 -14 -201.8 Minutes Page - 1 - 10 Thursday, August 23rd Third Community Budtet Meeting 6:30 pm Schertz United Methodist Church 3460 Roy Richard Drive Tuesday, August 28' City Council Meeting 6:00 pm Council. Chambers The City of Schertz will be holding its General l purpose of re- electing Council Members in Place 6, November 2018 to November 2021. Any candidate desiring to have his or her, name on the application with the City Secretary's office nip dater than Mot pm. The application shall be in writing in the form prescribe requesting that his or her name be placed on the O£ lia Ball a candidate. The Candidate packet is available in th6 City Secretary's Building 2, or it can be found online (at wwrwrchertz.com please contact the City Secretary's office at (210) 619 -103 • Announcements Acting City Manager Brian are: 1) Library Sum "met Pi Carpenter stand he by the Acting City 1400 Schertz Parkway, you have any questions, (B. James) briefly mentioned the written updates for Council which. (M. Uhlhorn), 2) EDC Small Business Grant Approval dinii informational items. the Mayor. (M. Carpenter) ved two separate e -mails this week complimenting the 014i ucla • 20 years' Service Recognition — Daniel Pequeno — Public Works. (B. James) Acting City Manager Brian James came forward and provided a brief bio on Mr. Pequeno and his career with the City presenting him with his 20 -year service pin. Presentations • Presentation on the Police Department's new Community Interactive Crime Mapping system. (D. Wait/M. Hansen /M. Bane) 08 -14 -201.8 Minutes page - 2 - Mayor Carpenter recognized Police Chief Michael Hansen who explained that his department has implemented several suggestions from a law enforcement report staff reviewed several years ago. They had established a strong social media presence several years ago advising the citizens of crime trends, traffic, other hazards and local events. In February of this year they began posting certain crime statistics online to warn the community of current trends and the dangers of leaving doors open and unlocked and the danger of leaving valuables visible. They have a citizen advisory group that reviews their policies before they are '�iosted. As of last month, they have also begun posting their policies on the city website. Today he is presenting a new software program that will provide`a new approach to crime data. The Crime Mapping System will be on the city's website as offoorrow and will offer a list of events the viewer can choose to view. You cail, choose specific dates (i.e., last six months), click on a specific crime /offense and it will provide other information such as case number, date and time, etc. Viewers can also submit any tips /information related to the crime including photos. The submitted information will be received as anonymous. Other information is also being provided and citizens can sii uli,:for crime alerts. It is still a work in progress and the department continues to work with the city IT Department to get the program fully in place. All information posted is public information. Chief Hansen addressed questions and Hearing of Residents Mayor Pro -Tem Scagliola recognized'the following who spoke: 41, President", of The Chamber, who provided some updates on s. A, Chamber NMx will be held this Thursday at Forest Ridge. On sposoring,their 9th Annual Golf Classic. To date they have raised the DEA Program for Clemens and Steele High Schools. Let The °ou wish to participate in the Golf event. Their Meet the Candidates ed to October 17th from 6:00 -7:30 p.m. at the Bluebonnet Hall in r. As a reminder, the Skylight Festival is ten weeks away and right .ors participating. She encouraged everyone to come out for it. • Mr. Glen Outlaw,A 3729 Forsyth Park, who spoke about Agenda Item #9 regarding the proposed maximum tax rate, discussed the rollback rate, other taxes that homeowners are paying and the increase in property values. He also made the observation that two topics, 1) council rules and procedures, and 2) the use of social media by city council have been on the city council agendas for over a year now —and they are still showing up! • Ms. Cathy Marston, 1024 Valley Forge Drive, who spoke about the need for the city to recommit to local mass transit and regional rail. In order to keep up with all the business 08 -14 -201.8 Minutes Page - 3 - developments, etc., it is a smart business and environmental decision. Lastly, it accommodates older citizens and citizens with disabilities. • Michele (Micki) Tereletsky, 705 Marilyn Drive, who spoke about the numerous times the council has discussed establishing ethics codes for the use of social media by council members and board members. She feels the only reason this topic continues to be discussed is that certain councilmembers do not like the fact that Councilmember Larson posts information to a personal social media account. She believes he knows what and how to post on his personal accounts and the citizens know the difference. She reminded Council they are put in office by the voters who can leave them in place or vote them out. Council is not in charge of a military installation and they are no in charge of any people unless you have your personal people. Neither Mr. Larson nor: the citizens are council's subordinates. She asked that council move on to other thins. Workshop • Provide an update on the status of the Pavement CoInditi direction from Council. (K. Wood] ee /J. Nowak) Mayor Carpenter recognized Engineer John Now presentation regarding the 2018 Street,Prservation and Items included were: • Northcliffe Orig!0al' Plan. - Base repairhere needed - Replace sections,, of curb Viand gutter/ - Shoulder mill and " overlav, (PCI) projects and receive ho provided a PowerPoint :enance /Rehab Project update. Mayor Car enter indictted he left off one of the Hearing of Residents speakers and apologized to Mr. Fowler. Mayor Carpenter moved back to the Hearing of Residents and recognized Mr. Jim Fowler. • Mr. Jim Fowler, 1057.Boxer Pass, who spoke briefly about the `Love Where You Live' partnership with the City of Schertz and what the volunteer group does and how they operate. He read a document he had for the Mayor's signature. They have been in operation for 3.5 years 'am worked on a lot of projects. He asked for the Mayor's signature on the document. In answer to a question from Councilmember Edwards Mr. Fowler explained where they meet and that they work closely with staff members of the Marshal's Division. Mayor Carpenter moved back to the workshop item regarding PCI projects. Mr. Nowak continued forward with his presentation. Northcliff Revised Plan: Core Samples Taken. Asphalt 3/4" to 2" thick (hoped asphalt would be 3" thick; a 2" mill depth will expose the base) 08 -14 -201.8 Minutes Page - 4 - - Pulverize existing material - Regrade material to proper shape - Cement stabilize the material - Place 2" of new asphalt • Schertz Parkway Original Plan: - 2" full width mill - 2" asphalt overlay Revised Plan: Core Samples Taken Asphalt only 2" thick 2" mill would expose base) 4" full width mill Compact base Place 4" of new asphalt Need to relocate pull box at median no Retaining was needed due to terrain Mr. Nowak addressed questions from Council forward with the plan as presented. Workshop • Presentation and di t was 4" thick; a wire rep the consensus of Council to go (B. James /J. Walters) /Tanager Brian James who provided a general . mid the many things involved in formulating it. ks evening is going to be to raise the tax rate. .hey are paying taxes but not getting a lot of I attention and maintenance, more street repairs Also, we are focusing on increasing efficiency telephone upgrades, etc.). continues to grow there is an increased cost to provide the city has been focused on keeping up with growth and community there has not been the funds nor the focus on ongoing maintenance of existing infrastructure (facilities, streets /sidewalks, and parks). • Reduced Revenue • Continued increase in Disabled Veterans Homestead exemptions (approx. $900K since 2014 -15 — recurring cost) • Ongoing decline in Court revenues (shift to community Policing philosophy) (approx. $1 million since 2012 -13 — recurring cost) • Proper allocation with HOT and EDC funds (approx. $260K — recurring cost) 08 -14 -2018 Minutes page - 5 - • The implementation of the Class and Comp Study • Approx. $1.6 million over the 4 -year period (recurring) • Employees still in bottom half of the market • Increased cost to provide same level of service • Cost of fire service — to open a new station costs approx.: ■ $1.2 million recurring staff and equipment ■ $800K fire apparatus ■ $8 million facility • Police vehicles ■ $57K in 2010 -11 vs. $66K in 2018 -19 (15.8% in over 7 -year period) le Nowtlon: A l ax increase to the KollnacK L±Fate, t2otn2 to U.M40V, • Other funding methods are not an option " • Cannot continue to bond maintenance items (spend more money o • One -time increases in revenue is not sustainable (ix. Permit reven • Cannot draw down on reserve funding (not line with policy) level of service year over year ioui budgets (2012/13 midyear cut from for onwinz maintenance it behind each year) ng maintenance le to support the quality of the community) o Electrical Services - apprpx. $300K in 2010 -11 vs. $440K in 2016 -17 (46.7% increase ov "What You • Approximately $800,000 in recurring revenue • $200K street /sidewalk maintenance (5 -year plan) • $2001( park-rnaintenance (5 -year plan) • $200K biilding maintenance (5 -year plan) • $200.K toward programs that increase efficiency • Licensed HVAC Technician • Animal Services Shelter Mgmt. Software • Road Tire Balancing Machine • Radar Feedback Signs Finance Director James Walters who by a Power Point presentation stated on July 25, 2018 . the City received the certified property tax rolls from the Guadalupe, Comal, and Bexar 08 -14 -2018 Minutes Page - 6 - appraisal districts. The Guadalupe Tax Assessor - Collector used this information, and information provided by the City of Schertz, to calculate the Effective and Rollback tax rates for the 2018 Tax Year. The FY 2018 -19 proposed budget is: • Balanced Structurally • Responsible • Follows Financial Policies • Provides Appropriate levels of service • Focuses on priorities The Effective Rate is a calculated rate that would provide tho city with about the same amount of revenues it received the year before on properties taxed in both years. The Rollback Rate is a calculated maximum rate 0l6w' ed by law without voter approval. If Council adopts a rate higher than the Rollback Rate, citizens can petition ,,for an election to reduce the rate back to the Rollback Rate. The 2018 Tax Year Effective Rate is $0.4892 per"$190' 'of valuation and the 2018 . Rollback Rate is $0.5146 per $100 of valuation. Staff is recorlunending a preliminary maximum property tax rate of $0.5146 per $1,001 which is the same as, the Rollback Rate. A one- quarter page `Notice of 20,18 Tax Year Proposed Property Tax Rate for the City of Schei rtz" must be published in the local newspaper and online in compliance with Senate Bill 1510. The notice will contain information based upon a preliminary tax rate to be determined by the City Council and the dates of the public hearings. 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 higher rate 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 14, 2018 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, the Citizen Satisfaction Survey and elections. The current property tax rate is $0.4910 per $100 valuation. The proposed 08 -14 -201.8 Minutes Page - 7 - maximum tax rate will increase to $0.5146 per $100 valuation. The M &O portion of the property tax rate will increase to $0.3497 from $0.3248 per $100 valuation. The I &S portion will decrease to $0.1649 from $0.1662 per $100 valuation. The annual impact on the average home value of $221,729 will be a $52.44 increase in the tax bill or $4.37 increase in monthly escrow payments. This rate increase is effectively a 5.2% increase in taxes. The City has focused heavily on keeping up with growth — adding police officers, building the third fire station, making improvements in new parks (Miry Whitfiled Burk Park, Heritage Oaks Park). The City has had to rely on issuin �) Certificates of Obligations, commonly referred to as CO bonds, to do some large maintenance projects that really should be incorporated into the City's general find budget. Additionally, smaller maintenance projects are not being kept up with. These costs will 'Only continue to grow over time as the City falls further behind, increasing costs to make the repairs /provide upkeep. Staff recommends the Council take a Record kite on the preliminary maximum tax rate of $0.5146 per $100 valuation and schedule two Public Hearings for August 28, 2018 and September 4, 2018. Final adoption vote is scheduled fnr,September 11, 2018. Counciltnember Davis stated that he is not a fan of raising taxes. A few things to know are he can't find the rational to worry about every single taxpayer as there is not a `one size fits all' situati6n, Also, e can't control what Guadalupe County, the school districts, or the appraisal district dohs. The focus needs to be on what is right for the City of Schertz. He mentioned the budget process and how it worked in the past. Staff does a lot of work on it. He mentioned he discovered that staff would present their budget based on the previous year's tax rate. When he first got on Council he asked staff, what is it you need? What does the city need? They told staff to look at what they need and what the city needs? It then puts Council in a position to say let us set a tax rate that is right for the city. The city is very transparent about this budget process, holding three community budget workshops out in the different areas of the city and subsequently hold two public hearings. 08 -14 -201.8 Minutes Page - 8 - He has looked at the budget and doesn't think there is anything in there that is not needed. The bottom line is we are a growing community and people want to move here. While he doesn't like paying more taxes, it is something they should at least consider. We hopefully will get citizen feedback at our upcoming community budget meetings/hearings. Councilmember Edwards stated the economy has recovered from 2008, personal income is up, and we almost have full employment nationwide. Interest rates are still low and government spending is up. As a city, we still have to function. We can't continue to operate with skeleton crews and the way we have been operating for the past several years. He believes we can stream line our efficiencies. We have nitected so many things over the past five years he believes it is time to start paying attention. In the past five years taxes were kept low and our reserves were built up. Automation processes are important. Mr. James is right, we need to go forward to give the citizens their value proposition. They are moving out here for a reason. Councilmember Crawford stated he agreed with what has been said. We can suet the rate and hope we don't have to go to the top of that rate. 14, efully there are, things we can adjust downward or cut. Mr. Larson brought up son e points we may wish to discuss again. We do have to fix the streets /roads or it will cost more money later. However, he would like to see a number a little bit Iesathan the .51.46. We ae 'a growing city. Councilmember Gutierrez remarked on several things Councilmember Larson had brought U p He asked for elarit if council puts the rate at .5147, which Mayor Carpenter responded to saying it would allow citizens to petition for an election. He stated an election would cost about ,$30,000, so we have to look at that. He spoke of the amount of exempt property in the city,', decreased, municipal court revenue and the increase in permit revenue. He stated this is a tough decision, but we need to maintain the quality of life everyone expects from this city. ' He agreed with other councilmembers who stated we can put it at the rollback rate this evening and decrease it later if needed. Mayor Pro Tern Scagliola stated in his prior service on Council he has probably disapproved more budgets than he has approved. There has been a lot of emphasis on quality of life during the past few years. To a lot of people infrastructure is also quality of life. Therefore, it isn't an `either or thing', it is an `and thing'. Do we have the money to pay for what is needed in our community? He doesn't believe taxes are revenue. Keep taxes low, look for efficiencies, look for synergy. All the above, been there, done that, said 08 -14 -2018 Minutes Page - 9 - it all before. However, there comes a time when you have to stop trying to squeeze blood out of a rock. He believes it is time to talk about raising taxes. He doesn't think we can support what we expect in the city by keeping the taxes where they are. While he doesn't like the idea of raising taxes, some things are inevitable. Set the rate where it is, where you propose — as much as it pains him, he will go along with it. However, he also challenges staff to keep looking for more efficiencies. In regard to delaying things, we have learned some lessons from that. It ends up costing more. We can always bring down the number but can't raise it. Mayor Carpenter gave every councilmember a chance to Items brought up were, what things could be cut, park cost of parks versus maintenance cost of road/streets, choices, Compensation and Classification Study comet tax rate history of the city, refinancing our bonds. . Mayor Carpenter spoke about the reason ' 'for the lard Schertz and that it was for the purpose of seexring the own that utility. There have also been times in the City with a plan and then brought it back down. He spoke e time on this item. funds, maintenance se, making difficult on economic wins, tax increase in the history of ter system and having the city -i thev have raised their tax rate about having a plan. M &O focused or I &S focused. Are we going line and borrow? Are we going to restructure tr going to do? Where is the money going to trly articulate their plan to fix the things that sere it needs to be. They used to not have five al years and did their best. If council chooses ane -year window. Start thinking about a five - re that money will go and how you will bring Acting City Manager Brian James eprovided Council a list of programs along with their ,estimated costs that , eould possibly be cut to save money. However, this would not be staffs recommendation. There are probably others that could be scaled back as well. They could alls" go to each department and see what they could eliminate. Staff will continue to look for'vVays to be more efficient. There is always room for improvement. Staff will do their best no matter which way Council votes on it. Consent Agenda I Mayor Carpenter recognized Councilmember Larson who requested that Items 5 and 6 be removed from consent for separate discussion. 1. Ordinance No. 18 -F -16 — Consideration and /or action approving an Ordinance granting an electrical transmission and distribution and communications franchise to the Guadalupe Valley Electric Cooperative, Inc. for the use of City streets, alleys, and public ways for a ten -year term. Final Reading (D. Wait) 08 -14 -201.8 Minutes Page - to - The following was read into record: ORDINANCE NO. 18-F-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, GRANTING AN ELECTRIC TRANSMISSION AND DISTRIBUTION, AND COMMUNICATIONS FRANCHISE TO THE GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. FOR THE USE OF CITY STREETS, ALLEYS, AND PUBLIC WAYS FOR ATEN YEAR TERM COMMENCING ON THE EFFECTIVE', DATE; CONTAINING VARIOUS TERMS AND CONDITIONS WITH REGARD TO THE GRANT OF SUCH FRANCHISE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR THE SUPERSEDING OF ANY AND ,'ALL 'KINDS Of ORDINANCES,, REGULATIONS, RULES, OR POLICIES THAT ARE IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. 2. Ordinance No. 18-D-26 — Consideration and/or actioA''appro"'ving an Ordinance providing that the Code of Ordinances for the City of Schertz'b Amended by revising sections 86-118 — Maximum Limits in School Zones including the school zone for the Rose Garden Elementary on FM 1518 and providing An effective date.' Final Reading (13. James/K. Woodlee/C. Palomo) The following was read in, to record: ANCE NO. 18-D-26 3. Ordinance -No. 18-D-217 — Consideration and/or action approving an Ordinance providing that the Code, of Ordinances for the City of Schertz be amended by revising section 86-118 — Maximum Li nits" in School Zones including the school zone for the Danville Middle School on FM 4,8" and Hubertus Road and providing an effective date. Final Reading (13. James/K. Woodlee/C. Palomo) The following was read into record: ORDINANCE NO. 18-D-27 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CITY CODE OF ORDINANCES OF THE CITY 08-14-2018 Minutes Page - 11 - OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86 -118, MAXIMUM LIMITS IN SCHOOL ZONES INCLUDING THE SCHOOL ZONE FOR THE DANVILLE MIDDLE SCHOOL ON FM 482 AND HUBERTUS ROAD, AND PROVIDING AN EFFECTIVE DATE. 4. Resolution No. 18 -R -97 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the Acting City Manager to enter into an Interlocal Agreement with North Central Texas Council of Governments (NCTCOG) for Actuarial. Services. (B. James /J. Walters) The following was read into record: RESOLUTION NO. 18- LUTION NO. 18 -R -109 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A THIRD - AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF CIBOLO, TEXAS AND THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, AND-OTHER MATTERS IN CONNECTION THEREWITH 8. Resolution No. 18 -R *110 — Consideration and /or action approving a Resolution authorizing the acquisition of pertnanent easements and property necessary for the completion of relocating pipelines and appurtenances related to the FM 1103 Road Widening Project. (D Wait /J. Hooks) The following was read into record: RESOLUTION NO. 18 -R -110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND PROPERTY NECESSARY FOR THE COMPLETION OF RELOCATING PIPELINES AND APPURTENANCES RELATED TO THE FM 1103 ROAD 08 -14 -201.8 Minutes Page -12 - WIDENING PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Edwards to approve consent items 1 -4 and 7 & 8. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Discussion and Action Items 5. Resolution No. 18 -R -1.05 — Consideration and/ authorizing the Acting City Manager to enter it Marketing LLC for Graphic Design Services. (S. G'6ii. The following was read into record: RESOLUTION NO action 'approving a Resolution . a contract with Souzamaphone P.,/L. Klepp r�,M. Geedman) A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH SOUZAMAPHONE MARKETING LLC. FOR GRAPHIC DESIGN SERVICES AND OTHER MATTERS IN CONNECTION THEREWITH ActingC ty Manager Brian James provided more information regarding how they procure services and enter into 'a contract; they have to follow state and city purchasing policy. Often, they talk;aboutbidding things out. What they have the ability to do is simply make a decision based on cost. Everybody bids, and they go with the cheapest one. This may be the way to go in certain situations (i.e. buying cheap grade granite). But many times, that is not the best route to go as there are other considerations and so they develop a scoring list. In this case, cost was weighted at 20 %. Sometimes there is a concern such as we can't afford this, and we didn't weigh things properly. They can then essentially stop the process and put it back out for bid. As an example, they could raise the cost weight from 20% to 50 %. There are also other options to consider, frequency of publication, go electronic, scale back on the content, etc. Staff went into more detail describing these other options. 08 -14 -2018 Minutes Page -13 - Councilmember Larson stated that what he is asking of this council tonight is to reject this resolution and put it out for a new bid with some new qualifications. This being said, Mayor Carpenter recognized Councilmember Larson who moved to not approve Resolution No. 1.8 -R -105. The motion died due to lack of a second. Mayor Carpenter recognized Councilmember Davis who asked where we are at in the cycle now in regard to the magazine? If they don't make a decision now, will it impact the publication of the magazine? The answer was that the current publication contract will expire at the end of September 2018. More discussion occurred amongst Council. Mayor Carpenter recognized Councilmember Larson 18 -R -105 and authorize staff to negotiate a month to waiting for new proposals and change our process to) staff's discretion. Acting City Manager Brian. James reminded Ctzuncil on cost, it also might diminish the weight on �c ual consequences of this. We can be more cost effectii, the quality of the magazine may drop - -he doesn't this For clarification, Mayor Carpenter'st1 this current resolution, that costs A�V authorize staff to go out on a month b just handed him an amendment to his experience /qualifications at, 15 %, RFP have a motion that says we are going to reject aresent 40 percent of the consideration, and basis. He stated Councilmember Larson has that w6uld state that costs would stay at 40 %, at 10 %, QA Plan at 20% and Focus at 15 %. At the request of Councilmember Davis, Mayor Carpenter restated the motion: The motion is to disapprove Resolution No. 18 -R -105 and to request that staff go back out for another set of solicitation of bids, that staff be authorized to go month to month with the current provider and that the weightings be changed as follows: cost at 40 %, experience at 15 %, RFP Sample at 10 %, QA Plan at 20 %, and Focus Group at 15 %. Councilmember Davis seconded the motion. The vote was 4 -3 -0 with Councilmembers Davis, Gutierrez Larson, and Edwards, voting for, and Mayor Pro -Tem Scagliola and Councilmembers Kiser and Crawford voting no. Motion Passed. 08 -14 -201.8 Minutes Page -14 - For clarity, Mayor Carpenter stated that the request of staff is to go back again to solicit bids, change the weighting, and you are authorized to work with the current provider month to month. Councilmember Edwards stated he would love to see this go digital and having this be a premier thing. However, Mr. James showed him some figures on the number of people utilizing the library who don't have WIFI at their homes -- 54,658 people using WIFI and there are only 8,288 computer users just through the summer. Do we continue to print? He, himself goes paperless in his office. If he can go paperless, he dries; it is efficiency. If we don't embrace technology and go forward that is a mistake. That is why he voted the way he did. We should go digital. Mayor Carpenter recognized Councilmember Larson as he had requested this item be pulled from consent. Councilmember Larson requested that staff provide a brief breakdown of the bidding. Staff had�indicated in the packet information that the reason the bidding was so close 'wag because cost was weighted so heavily and on an infrastructure installation project he thinks Council has been pretty consistent in saying it is worth paying to do it right the first tim e. However, he also thinks it is their role to get involved in these more frequently. Mayor Carpenter recognized Councilmember Davis who asked did HydroPro and Zenner propose the same type of equipment? Is everyone on the list using a different type of equipment? If there are different types of technology, it is hard for him to see that their bid is rated so high. Whoever is bidding with the worst equipment may have the lowest price which is skewing your input. 08 -14 -201.8 Minutes Page -15 - Acting City Manager Brian James stated because it is so expensive and there is a one - million- dollar difference —while cost was weighed heavily, staff was careful not to weigh it so much that we got a system that didn't work—to the point of, the lowest is not the best. The second bidder came up substantially because of cost, but they want to be clear that staff had significant concerns about their technology. There are drawbacks with that technology that allowed them to come back cheaper. They were the only ones who had that technology. IT Director Myles Clauser came forward and stated their infrastructure was basically a mesh network. Staff did a study three years ago and they looked at mesh networks in our geographical area and we have a lot of issues of being able 'to run connectivity over the distances we have. A mesh network is simply a bunch", mini' nodes that pass information amongst themselves and then relay it to a central location. Staff flt: it would not meet the requirements we needed in order to make this system functional. Aeting City Manager Brian James interjected saying it met minimum requirements but had sbnme drawbacks to it that caused it to score lower in other categories. Finance .Director James ters,added that the funding for this is coming from the Certificate of Obligations issued this'past July. Councilmember Edwards stepped away from the dais. L ber Larsen who moved seconded by ipp No. 18 -R -9Q. The vote was 6 -0 -0 with rs Mavis, Gutierrez, Larson, Kiser and �. Coitmember Edwards was absent ate — Consideration and /or action approving a the Preliminary Maximum Tax Rate for FY on the proposed FY 2018 -19 Budget and Tax NO. 18 -R -1.07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PRELIMINARY MAXIMUM TAX RATE FOR FISCAL YEAR 2018 -19, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter, recognized Finance Director James Walters who stated that earlier staff had provided a presentation with the effective and roll back rates. Staff's current proposal with the budget submitted is to set the preliminary rate at the roll back rate of .5146. Mayor Carpenter asked Council if they had any further comments or questions and asked if Council wanted to wait for Councilmember Edwards to return to the dais. Councilmember Larson stated he felt like this had already been discussed. Mayor Carpenter openly entertained a motion. 08 -14 -201.8 Minutes Page -16 - Mayor Carpenter recognized Councilmember Davis who moved to approve Resolution No. 18 -R -107 setting the preliminary maximum tax rate at .5146, seconded by Councilmember Kiser. Mayor Carpenter stated that since no one has a point of order or point of procedure he would call for the vote. The vote was 4 -2 -0 with Councilmembers Davis, Gutierrez, Kiser and Crawford voting for and Mayor Pro -Tem Scagliola and Councilmember Larson voting no. Councilmember Edwards was absent from the dais. Motion passed 10. Ordinance No. 18 -T -28 — Consideration and/or action approving"an Ordinance by the City Council of the City of Schertz Texas authorizing an adjustment to the Fiscal Year 2017- 2018 Budget, repealing all ordinances or parts of ordinances in'conflict with this ordinance; and providing an effective date. First reading (B. James /J. Waltr) , The following was read into record: ORDINANCE N08 -T -28 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2017 -2018 BUDGET, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE, AND PROVIDING AN EFFECTIVE DATE Councilmember Edwards returned to the dais. Mayor Carpenter recognized :,Finance Director James Walters who stated that they come quarterly with budget adjustments that come about during the year. He pointed out that this one recognizes a lot cif dofi4, , i6fis, the,, city has received from community partners and this recognises that revenue diming in and will increase their donation budget. Carpenter, recognized Councilmember Davis who moved seconded by Zember Gutierrez to approve Ordinance No. 18 -T -28 first reading. The vote was pus with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Mayor Carpenter apologized to Councilmember Edwards stating he paused this evening to see if anyone wanted to raise a point of procedure or other item to wait for your return to the dais, but they were in a hurry. Mayor Carpenter recognized City Secretary Brenda Dennis who apologized stating she had stepped away for a moment and asked him to recap the motions for items 9 and 10. Mayor Carpenter recapped the following: Item 9: Motion was made by Councilmember Davis to set the rate at the roll back rate of .5146 seconded by Councilmember Kiser. Councilmembers Davis, Gutierrez, Kiser and Crawford voted aye, Mayor Pro -Tem Scagliola and Councilmember 08 -14 -201.8 Minutes Page -17 - Larson voted nay. Councilmember Edwards was present in the chambers but not at the dais for the vote. Mayor Carpenter recognized Councilmember Edwards who stated that he would have voted yes. Item 10: Motion made by Councilmember Davis, seconded by Councilmember Gutierrez to approve Ordinance 18 -T -28, the vote was 7 ayes and no nays. Mayor Carpenter recognized Councilmember Larson who stated that he failed, and his fellow Councilmembers did also, not intentionally, and did not wait for Coilucilmember Edwards to return to the dais, and he wanted to make a motion to reconsider Item 9 Resolution No. 18 -R -107. Mayor Carpenter stated that as a member of the minority vote he would be out of order in making a motion to reconsider; but if someone in the majority would like to make a motion to reconsider, he certainly, would entertain that motion. Mayor Carpenter recognized Councilmember Davis mho moved seconded by Councilmember Crawford to reconsider item 9 Resolution No 18 -R -1:07. The vote was unanimous with Mayor Pro -Tern Scagliola, Councilmembers Davis,' Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Mayor Carpenter reopened agenda item 9 aid read the fo 9. Resolution No. 18 -R -107 - Propertj Resolution taking a Record Vote on 2018 -19 and Scheduling, of Public H Rate. (B. James /J. ,alters) — Consideration and/or action approving a Preliminary Maximum Tax Rate for FY he pr►posed FY 2018 -1.9 Budget and Tax LUTION NO.. 18 -R -107 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PRELIMINARY ' MAXIMUM TAX RATE FOR FISCAL YEAR 2018 -19, AND bTHER MATTERS IN CONNECTION THEREWITH Mtkr Carpenter stated that the previous vote was recorded but vacated. Mayor Carpenter recognized Councilmember Larson who made a motion to set the preliminary maximum tax rate for FY 2018 -19,at the effective tax rate; motion failed for lack of second. Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmembe riser that they set the preliminary maximum tax rate to the roll back rate of .5146. The vote was 5 -2 -0 with Councilmembers Davis, Gutierrez, Edwards, Kiser and Crawford voting for and Mayor Pro -Tern Scagliola and Councilmember Larson voting no. Motion passed 08 -14 -2018 Minutes Page -18 - Workshop • Discussion and possible action regarding the City Council Rules of Conduct and Procedure and Council's Code of Ethics. (Item requested by Mayor Carpenter and Councilmember Crawford) Mayor Carpenter recognized Councilmember Crawford who stated that he would like to recommend the following change to the rules regarding the appointment of the Mayor Pro - Tem position back to the way it was and read the following: Article 5 Section 5.1. (a) The Council will discuss, and with a maj serve as the Mayor Pro Tem for the City. (b) The appointed Mayor Pro Tem must be a qualifications of Section 4.02 of the City ,,,CI the position of Mayor Pro Tem, a Counoilin Council and a member in good standing. Councilmember to addition, to .st be an elf tt meet the pointed to member of ouncil reserves the right to alter this procedure at any time by resolution or rule. Councilmember Crawford stated that this would give others the opportunity to serve; he indicated that change would be effective now but would actually start in February of 2019. . Councilmember Crawford therefore made a motion seconded by Councilmember Edwards to change the City Council Rules of Conduct and Procedures related to the appointment of the Mayor Pro -Tem Position back to the way it was. Members of Council provided their thoughts and comments regarding the proposed change in the procedure. Mayor Pro -Tem Scagliola indicated that the Council would still have the ability to vote on the appointment and asked if that would still be done. Mayor Carpenter stated that this was correct. 08 -14 -2018 Minutes Page -19 - Mayor Carpenter asked the members to think about this, because we have seen it in recent years, and in the history of the City there has been two times where the Mayor has left office before their term was up. There have been three Mayor Pro -Tem's that have served as the Acting Mayor at each of those two occurrences. He stated that if you like the rotation that you give yourselves an opportunity potentially to revisit that in the possibility of the incapacity, removal or passing of the Mayor, and reminded them that when you are stepping into the Acting Mayor role, it is a big step, just ask Mayor Pro -Tem Scagliola; he would ask that council consider that. That being said it is your domain and it is the City Councils Rules. Mayor Carpenter recognized Mayor Pro -Tem Scagliola that it goes on a rotating basis, however it is at the will o, Pro Tern so certainly the one that comes up may be eli needs to be voted in by the Council. Mayor Carpenter, an Mayor Carpenter recognized Councilmember Gi information and asked, so are we adding language to available that the Acting Mayor Pro -Tem is not 'eat votes on it? l that the motion reads it who serves as Mayor ver, the individual still is,a fact. who requc that should it position i a° point of [ayor not be the Council s about the incapacitation of the Mayor that is cif Conduct and, Procedure which would say at the 'time that: the Mayor is no longer able to that person would serve as Acting Mayor until ouncil or an election held. This did occur when the Mayor Pro -Tem at that time was George yor Pro-Tern, Doctor Scagliola fulfilled as the Served until we had an election. As there were for the vote. The vote was 6 -1 -0 with Mayor Pro -Tem Scagliola, Edwards, Kiser and Crawford voting for and no. Motion passed. Mayor Carpenter stated: that this item will need to be brought back by staff by ordinance, and the ordinance will deed a first and second reading. Mayor Carpenter, 'stated that he asked that we have a conversation regarding both the Council Rules of Conduct and Procedure and the Council Code of Ethics regarding a recent situation we went through as he discovered some things that are incongruent in the rules and he needs both our City Attorney's assistance and the assistance of City Council to rectify. In particular in what we have in our City Council Code of Ethics, the first one is that on page 8 the section titled Procedure for Conducting Inquiries, the second paragraph reads "All. Council members who are not the subject of an inquiry have a right to participate in the inquiry process regarding violations or alleged violations and their subsequent enforcement ", which says as you read that even in the context of the preceding 08 -14 -2018 Minutes Page - 20 - and following paragraphs, the person that is the subject of the inquiry does not have a right to participate in that inquiry process. However, they do have a right to provide a written statement responding to the findings of the inquiry. The problem that we have there is if we go to our Rules of Conduct and Procedures in Article 2 Section 2.5 which is entitled "Right to the Floor ", it says subject to Section 8.5, any councilmember or member of the City staff desiring to speak shall be recognized by the Mayor (or presiding officer in the Mayor's Absence) at an appropriate time and shall confine his /her remarks to the subject under consideration or to b considered ". That is not ambiguous language. So we have one thing in our Code of Ethics that says the person that is the subject of the inquiry does not get to participate verbally in that discussion but can provide a response in writing, and yet we have a section under the Rules of Conduct and Procedure that say that a Councilmember has the right to the floor and it's unambiguous language that the individual shall be recognized by the Mayor. He previously, back in the spring time, asked the Council if Section 2.5 could be backed down a ittle so that there would be some discretion for the Chair to decide on whether or not 'someone shall be recognized; Council was emphatic in saying 'No, we are not going to grant you that authority as the Chair; it needs to read the way its,feadbut now we have an inconsistency with the Code of Ethics and the Rules of Conduct and, Procedure. He stated that he personally thinks that it is, subject of the inquiry to participate-' in th peers, and we also have an item if he is not i says that a member of City Council that is been scheduled to be in closed session then for that to be held in open session, but if it have the right to speak or hats 'a conflict whc set of rules but not in the others it's almost a appropriate for member of Council that is the t inquiry, in their own defense amongst their nitakn form our City Attorney that State Law the subject rif that inquiry, if that inquiry has that member has the right to say that they wish is held in open session that member does not ire they said they have the right to speak in one resolvable position of the Chair. Carpenter stated 'be", would like the Council to entertain, and if Council does not allowing hurt to work )uvith the City Attorney and revise the language in our Code of to allow the member or members who are the subject of an inquiry to participate in Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated that with striking the words "who are not the subject of an inquiry" just taking those words out so that it reads "All Council members have a right to participate in the inquiry process regarding violations or alleged violations and their subsequent enforcement ". Would that satisfy his intentions? Mayor Carpenter answered, it sure would. Mayor Pro -Tem Scagliola moved that we strike the words "who are not the subject of an inquiry" leaving the rest of the paragraph; the motion was seconded by Councilmember Larson. 08 -14 -201.8 Minutes Page - 21- Mayor Carpenter called for the vote. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and an no one voting no. Motion passed. Mayor Carpenter stated that we will also need to change this by ordinance. Mayor Carpenter had one more item and he would like for Council to think about this. It may not be able to be resolved this evening, but it is something that he has learned over the past couple of years. He stated that most recently as an allegation of an ethics violation was brought forward he met with the City Attorney and Mayor Pro -Tem, largely 'ash is, directed to do so by the ethics codes. On page 8, as well as the first paragraph reads "the role of leading an inquiry of any Councilmember for any violation or alleged violation of this policy lies with the Mayor, Mayor Pro -Tem, and if approved by Council, an indepcdent attorney or investigator. If the Mayor is the subject o an, inquiry, the Mayor Pro' -Tetn, or the next ranking official by seniority and, if approved by Council, an independent attorney or investigator will lead the inquiry. The City Attorney shall not conduct the'nvestigation of any Council member." the Mayor Pry =Tem and had discussion with of Ethics. What lie suggested in that meeting ald confirm, is there a method in the Code of rt Pro -Tee in carrying out their duties under allegation is potentially without merit. The Attorney was no that's not there. You do not aught forward, you have to handle it and you ` 'someone wants to bring it in open session, He would argue that it would be appropriate; and again he is open to suggestions on this, if the Mayor and the Mayor Pro - Terri, or the Mayor Pro -Tem and someone else evaluate an allegation and come o the conclusion that the allegation is without merit and therefore does not have to be placed on an agenda, that they be able to refer that to some subset of this body for an evaluation independently of those two and say does this have merit and should it come forward. Mayor Carpenter, stated that he does not know how to do this and deferred to City Attorney Dan Santee. He believes, as he has done some research, that there are Councils out there that have an Ethics sub - committee that does a review of such matters. He is unsure if that is even legal being able to do it, but his point is he would like to have some help from his colleagues and from our City Attorney in finding a why, where if something is brought forward and deemed to not be an actual violation. Or for example, if a violation is alleged and there is no substance to it as to what has been violated, that there is a way to say there is not a need for that to come forward. 08 -14 -2018 Minutes Page - 22 - Mayor Carpenter asked City Attorney Dan Santee if that is something he could work on for them? City Attorney Dan Santee stated that he would be happy to look into this and one thing he would say is we would want to avoid at any point that we have a quorum of Council looking into this. He does not want the Mayor and Mayor Pro -Tem to defer it to a sub - committee of council, possibly having a quorum. Mayor Carpenter stated that if there is not a method by which to filter, then if you get an 8- member council like this that's in a faction of 2 -2 -2 -2 and they want to constantly lobe allegations at each other, we could spend every night all night in the back room, without a way to mediate that. This was an extreme example but there needs to be a way to evaluate the veracity of an allegation. Mayor Carpenter recognized Councilmember logistical concern, but it would be very fright has read. We are a smaller body and he appre very wary to give power to members of ebui looking at Texas news stories over the past could quickly become. Mayor Carpenter stated that this is a co going into closed session and discaveriir serve the City. It simply put us in a,bad and it came from his political opponent, sure that it should. He will leave this W with that is equitable acid keeps us from we have had this, but he feels that he wei g for him just thine �s the logistical con to squash ethics in years it shows you he appreciates the ig of the stories he rn but he would be ;stigati,ons. In just ow darazerous that in regard to the two allegations himself and e was nothing to be presented, how did that and frankly it was during an election season that be a tool for election season? He is not City A tt6mey to see what he can come up ig with frivolous allegations. Not to say that ugh this. He is concerned about this. Mayor Carpenter recognized Councilmember, CCrawford who stated that recently he, the Mayor, and Mayor Projem and City ,Attorney had a discussion without the other Councilmem ers around :and made a decision. Mayor Carpenter in reply stated the only decision they made was there was nothing in the codes that allowed us to do anything other than what the codes said. Co cilmember Crawford asked is that not ok? In response, Mayor ACarpenter stated that if the Council said that was ok then we can leave it alone. Councilmember Crawford stated that he figures that if he the Mayor and Mayor Pro -Tem are discussing something and the City Attorney is involved that is probably a fair way of looking at things. In answer from the Mayor, except that there was no way that something did not rise tb the, level of taking it forward. Mayor Carpenter stated that we were handcuffed by what is in the print. Mayor Carpenter stated that he is asking the City Attorney to help us that if there was a frivolous allegation or can an allegation be determined to be frivolous without it being put on an agenda. Councilmember Crawford was satisfied with the City Attorney looking into this. 08 -14 -2018 Minutes Page - 23 - Councilmember Davis stated that he sees there is some ambiguity and agrees to have the City Attorney look at this and bring back his suggestion as he sees where this could drive the Council into possibly several closed session meetings. Mayor Carpenter thanked the Council for indulging him in this conversation. • Workshop /Discussion regarding City of Schertz UDC masonry wall requirements. (B. James /L. Wood /B. Cox) (Requested by Councilmember Larson and Councilmember Crawford) Mayor Carpenter asked if this item was immediately critical and would they like to take this up at a future meeting. Councilmember Larson stated that he would be ok with this going to a future meeting, but then stated staff was ready, Mayor Carpenter recognized Senior Planner Bryce Cox who stated thaCwe had already discussed this at the last meeting and there, wits not a full council so as long as we do he would do as last meeting where there was not a recomme elation to staff. ' Mt. Cox stated he will hold the presentation and understands that ouncil has read the memo that was in the packet and is available to answer questions. As Councilmember Larson requested, this he stated he would like staff to prepare an item that could find a happy medium that could reduce the requirements so that our developers have flexibility. His request is two -fold; he would',like to have a little more flexibility in terms of material and costs but also flexibility for staff to make reasonable exemptions when necessary. Councihnember Larson stated he would like to see what other communities are doing and would like to see if staff could have the flexibility to waive the requirement. Acting City Manager Brian James stated that staff can certainly put together what the other bench mark cities are doing. The pros of a masonry wall are that they require the least maintenance on the part of that commercial business that you can do, once it goes up it's up and it lasts a significant amount of time. Landscaping living screenings have to be kept up and alive and wood fencing deteriorates quicker. There are those pros and cons. Mr. James stated that he would not be comfortable letting the staff have discretion, unless Council came up with a set of criteria upon which they would use to base those decisions. He would rather send it over to the Planning and Zoning Commission or City Council for approval. If we can come up with that criteria, then so be it. Staff shared positive comments 08 -14 -201.8 Minutes page - 24 - from residents regarding recently placed walls and how our community looks. Staff also shared the following: Residents Pro's Con's shared with staff in regard to the screening requirements: Pro's Con's The screening wall provides for increased If the non - residential property had some safety from the proposed non - residential existing vegetation and the adjacent development. residents had grown accustomed to seeing the vegetation 'On the property, the resident would rather ode a full landscape screening than havinL, to look at a masonry wall. The screening wall provides for increased mitigation from the noise and light that comes with non - residential development. Staff provided the following as they are requirements: • City staff does not have f screening or buffering standards, alternatives to be reviewed by a I • aiarr nas peer allow staff to both &v alternatives to the current UDC ility to review and approve alternative foes the UDC provide a provision that allows isidering a`concept for a proposed UDC amendment to to and approve an alternative design standard. ernative, planning staff would draft and propose a UDC w"noti- residential and multifamily developers two and buffering standards. ill the masonry wall with a lower requirement for in the buffer width. Option #2: would be to not install the masonry wall, but rather plant a full landscape screening that forms a continuous barrier from the first day the business is open with an increased buffer width. • This would allow for areas that a masonry wall doesn't necessarily conform to the adjacent residential aesthetics the ability to still provide buffering and screening in a more aesthetically pleasing way. Additionally, planning staff feels that this requirement should only be required between non - residential or multifamily development and residentially zoned property and exclude the provision regarding residentially used property. Mayor and Council provided their comments and addressed questions to staff. 08 -14 -201.8 Minutes Page - 25 - It was the concurrence of Council for staff to come back and provide some possible options as well as provide information on what our neighboring cities are doing. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the roll call vote for items 1 -10. Closed Session Mayor Carpen ter m oved in to closed session at 11:10 p. m. 1.1 a. Take any action based on No action taken under this item. • Announcements No further anno • Requests by Ma No session under Agenda Item 11. hers that items be placed on a future City Council 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 No announcements were provided. 08 -14 -201.8 Minutes Page - 26 - 12. information available in City Council Packets - NO DISCUSSION TO OCCUR • Library Summer Programs (M. Uhlhorn) • EDC Small Business Grant Approval Process (K. Kinateder} • Pending informational items. Adiourumeut As there was no further business, Mayor Pro-Tem Scagliola adjourned the ,'meeting at 1]: 34 p.m. R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 08-14-2018 Minutes Page - 27 - MINUTES SPECIAL COMMUNITY BUDGET MEETING AUGUST 16, 2018 A Special Community Budget Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 16, 2018, at 6:30 p.m., at the Ray D. Corbett Junior High School, 12000 Corbett Drive, Schertz, Texas. The following members present to -wit: Councilmember Mark Davis Councilmember Cedric Edwards Staff Present: Executive Director Dudley Wait IT Director Myles Clauser Police Chief Michael Hansen Finance Director James Walters Client Services Tech Bryan Jackson Library Director Melissa Uhlhom Public Affairs Director Linda Klepper EDC Bus. Ret. Mgr. Jennifer Kolbe to Order — As there was a quorum of councilmembers meeting to order at 6:33 p.m. WELCOME/ • Presentation and di • General disc Aqi -on Councilmember Ralph" Gutierrez Councilmember Bert Crwford Acting City Manager Irian James Asst. to CitvMer. Sarah Gonzalez Kade Long Myles Clauser inator Tony McFalls PW Watdr /Wastewater Manager Jimmy Hooks Edwards called the 8 71 Proposed Budget. (Staff) Acting City Manager Brian `:lames welcomed everyone and provided a brief outline of how the evening's 20113= 19,proposed budget presentation would unfold with an opportunity for questions and comments from the citizens. Ir. James recognized the four Councilmembers in attendance and pointed out that sevei l different department city employees were also present and available to assist with answering their questions and providing information. Mr. James asked if anyone had any questions before the PowerPoint presentation began. A question was asked as to when there might be another upcoming meeting with TxDOT regarding the FM 1518 road expansion project. Mr. James continued speaking about the presentation they were about to see on the budget process as well as the discussion and action Council took this past Tuesday evening regarding the tax rate. He also included information on how the city is now trying to `catch up on maintenance projects' throughout the city complex, looking for more efficient ways to work and provide city services to 8 -16 -2018 Minutes citizens and other customers, street /sidewalk improvements being planned and exploring funding options to support our growing community needs and expectations. Overview Finance Director James Walters began by explaining the information provided on the Budget 101 PowerPoint presentation. He defined several terms common to budgets (i.e., funds, accounts, revenues, reserves, etc.), explained the 2018 property values, the tax rate (effective, rollback, current, proposed maximum) and showed a slide reflecting the city's history of rates from 2006 to 2018. Staff has recommended to Council a proposed maximum rate for 2018 of .5146:: Acting City Manager Brian James, Councilmembers and comments, suggestions, and questions. Some of the main items • The City is still growing and there is a current ne the Police Department needs to start replacing scar • Recently the city has seen a decrease in certain, being faced with the continued rise of the overall" • Homestead exemptions (i.e., veterans, senior decreasing that particular source of city revenue. tb epra fete the of their aging pa venues (i.e., mui continued to exchange as follows: station ( #3) and ) while for various services. ens) have steadily increased, thereby Adjournment C ATTEST: Donna Schmoekel, Deputy City Secretary 8 -16 -2018 Minutes the meeting at 8:45 p.m. Cedric Edwards, Councilmember MINUTES SPECIAL COMMUNITY BUDGET MEETING AUGUST 22, 2018 A Special Community Budget Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 22, 2018, . at 6:30 p.m., at the Community Center North, 3501 Morning Drive Schertz, Texas. The following members present to -wit: Mayor Pro -Tem Scagliola Councilmember Ralph Gutierrez Staff Present: Finance Director James Walters Haugen City Secretary Brenda Dennis Assistant Fire Chief Kyle McAffee PW Manager Doug Letbetter Library Director Melissa Uhlhorn HR and Purchasing Director Jessica Director of Planning & Community As there was a qt to order at 6:31 p discussion.and q Welco Councilmember W EMS Din -sa Wood AIL*] James Engineer Eric ;c Chief Marc Bane. . Kathy Woodlee Tech Bryan Jackson Director Linda Klepper Jason Mabbitt present, Mayor Pro -Tem Scagliola called the meeting the FY 201.8 -1.9 Proposed Budget. (Staff) Mayor Pro - Tern Scagliola welcomed everyone this evening and recognized Acting City Manager Brian James who introduced himself and had everyone in attendance also introduce themselves. Mr. James provided abrief outline of how the evening's 2018 -19 proposed budget presentation would unfold with an opportunity for questions and comments from the citizens. Mr. James asked if anyone had any questions before the PowerPoint presentation began. There was a question from Mr. Heyward who wanted Mr. James to go over the ugly part and what would be the consequences if we don't go to the roll back rate of $0.51.46. 8 -22 -2018 Minutes Mr. James reviewed and explained the breakdown of the City Tax, Sales tax and the permit fees, to include water and sewer. He stated that the water and sewer rates are also going up as there is a cost to provide services. He indicated that the big issue was the property tax. Mr. James provided information regarding the General Fund revenues and expenses explaining each one. Mr. James provided information regarding how the property tax is broken down. He went over the tax rate to include what the effective, rollback, current and proposed maximum amounts were. Acting City Manager Brian James, Councilmembers and staff present continued to exchange comments, suggestions, and questions. Some of the main items of nterest are as follows: • The City is still growing and there is a current of and the Police Department needs to start replacin, • Recently the city has seen a decrease in ceriai while being faced with the continued rise ofthe� o • Homestead exemptions (i.e., veterans, senior ci decreasing that particular source of city revenue. • Higher home values. • Dependent on what council votes :on. the taxes year. • Addressed how to fund positions if 'addit ohal rev • Staff will have to continue to creatively think of and other resources. Options are to cross -train i J to 6omplete'the new fire station (0) ;oboe of their aging patrol vehicles. revenues (i.e., municipal court fines) ,rail cast for various services: " ;ens) have steadily increased, thereby ISO specific critical skill sets; continued repair and pre e vehicles, equipment, buildings, parks, roads /streets, etc. To address Ms. Layton reflecting cost andffunc It ways to utilize our staff es, hiring of persons with maintenance practices for our money was going Mr. James provided several slides i the hinds are expended. Mr. James showed what items would be funded at the current rate and the rollback rate which were some of the expanded programs r'ectuested from staff. He also indicated there were several others that are not funded. H showed information on the no cost /cost neutral new programs that are proposed for next year. Mr. James continued with answering other questions in general. Mr. Bolter, who was in the audience, stated that he appreciates the city trying to get ahead of items such as building maintenance, road repairs, parks maintenance etc. because this tells what kind of City we are. 'We would also want the City to show us what progress we are making due to the higher taxes we will be paying and what the city is spending. Again, he is not opposed to spending more money. There were suggestions from the audience regarding recording these meetings and placing them on the city website for those who may be interested and were not able to attend. Mr. James also provided the audience with information regarding the upcoming employee budget meetings which will on Friday, August 24, 2018. One will be held in the morning and one in the afternoon. He also invited them and indicated that they could record those and place them on the website. 8 -22 -2018 Minutes For anyone interested in viewing the proposed budget, a copy is available in the City Secretary's Office as well as viewing it online at www.schertz.com. Adjournment Mayor Pro -Tem Scagliola officially adjourned the meeting at 8:07 p.m. David Scagliola ATTEST: Brenda Dennis, City Secretary 8 -22 -2018 Minutes Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: August 28, 2018 Department: City Management /Finance Subject: Ordinance No. 18 -T -28 - An ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the Fiscal Year 2017 -2018 Budget, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date; Final reading C• � 1 With Ordinance 17 -T -30 the City Council of the City of Schertz approved the annual budget for FY 2017 -18. Staff is proposing to amend the budget to: • Transfer unused funds from the vacant Assistant Parks Director position to the Pedestrian Routes and Bike Lanes Project to fund an additional $50,000 of the City's portion of the project. • Transfer unused Drainage funds from the concrete riprap project on Dietz Creek into new drainge projects. Drainage will begin work on drainage improvements to Cammeron River for $17,250 and Estates of Mesa Oaks for $4,025, and a study Laura Heights for $9,200 to find a solution to rain water runoff backing up in the channels. • Recognize donations in excess of the current budget for the Fire Department, Parks, Senior Center, and Police Department. This will allow the departments to use those donations by matching the budget to the revenue equal to $15,350 for Fire, $12,000 for Parks, $12,000 for the Senior Center, and $28,600 for Police. • Recognize reimbursements for Fire emergency deployments. Total deployment costs are expected to put the Fire Department's overtime overbudget by $100,000. This adjustment will recognize the $100,000 in deployments and increase Fire's overtime budget to match. • Recognize W &S Interest and Investment revenue to offset Utility Billing credit card fees. As more and more citizens pay with credit cards, either online, over the phone, or at the counter, credit card fees have been rising. Staff recommends recognizing an additional $50,000 in interest and investment revenue that has come in above what was originally estimated to increase the budget for credit card fees. • Transfer from the Virtualization Fund Balance to purchase servers. The City had in previous budgets set aside funds for the Server Virtualization project. With the new permitting software, the City needs to pull those funds from reserves and run these projects concurrently. The transfer will pull the full $75,000 of funds set aside for this project to be used. The City would like to thank Santikos for their $27,000 donation to Police for equipment and body cams, Gunn Chevrolet for their $10,000 the Chamber of Commerce for their $5,000 donations for the fire rescue boat, and all other citizens and organizations that support the City. City Council approved this on first reading at their meeting of August 14, 2018. Summary of Recommended Action Approval of Ordinance 18 -T -28 approving these quarterly budget adjustments. FISCAL IMPACT This ordinance will reduce the assigned General Fund Fund Balance by $75,000 for the Server Virtualization project. This Fund Balance was dedicated to this project and was a planned withdraw. The other budget adjustments use existing budgets or recognize additional revenue to offset any budget increases and will not affect any Fund Balance. RECOMMENDATION Approval of Final reading Ordinance No. 18 -T -28 ATTACHMENT Ordinance No. 18 -T -28 ORDINANCE NO. 18 -T -28 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2017 -2018 BUDGET, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 17 -T -30, the City of Schertz (the "City ") adopted the budget for the City for the fiscal year 2017 -201.8 (the "Budge ), which provides funding for the City's operations throughout the 2017 -2018 fiscal year; and WHEREAS, the City needs to transfer authorized budget amounts of $50,000.00 from the Parks Department Personnel to the Pedestrian Routes and Bike Lanes Project; and WHEREAS, the City needs transfer $30,475.00 of unused Drainage Funds into new projects; and WHEREAS, the City needs to increase the donation expense budget of the Parks Department by $12,000.00; and WHEREAS, the City needs to increase the donation expense budget for the Senior Center by $12,000.00; and WHEREAS, the City needs to increase the donation expense budget for the Fire Department by $15,350.00; and WHEREAS, the City needs to increase the donation expense budget for the Police Department by $28,600.00; and WHEEREAS, the City needs to increase the Fire Department Personnel Budget due to state deployments by $100,000.00 to be reimbursed by the State; and WHEREAS, the City needs to increase the Utility Billing Credit Card Fee Budget by $50,000.00; and WHEREAS, the City needs to increase the Information Technology Budget by $75,000.00 for the Server Virtualization Project; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the ordinance; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the budget, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall transfer $30,475.00 from the Drainage project funds to Cammeron River Drainage Project ($1.7,250.00), Estates of Mesa Oaks Drainage Project ($4,025.00), and Laura Heights Drainage Project ($9,200.00). Section 2. The City increase the budget for Parks Donation Expense by $1.2,000.00 and recognize $12,000.00 in additional donation revenue. Section 3. The City increase the budget for Senior Center Donation Expense by $12,000.00 and recognize $12,000.00 in additional donation revenue. Section 4. The City increase the budget for Fire Donation. Expense by $15,350.00 and recognize $15,350.00 in additional donation revenue. Section 5. The City increase the budget for Police Donation Expense by $28,600.00 and recognize $28,600.00 in additional donation revenue. Section 6. The City increase the budget for Fire Department's Overtime by $100,000.00 and recognize $100,000.00 in additional deployment reimbursement revenue. Section 7. The City increase the budget for Utility Billing's Credit Card Fees by $50,000.00 and recognize $50,000.00 in additional interest and investment income. Section 8. The City increase the budget for Information. Technology's Server Virtualization Project by $75,000.00 and recognize a $75,000.00 transfer from the assigned Fund Balance for this project. 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 10. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 11. This Ordinance 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 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 1.3. 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. 50558021.1 - 2 - Section 14. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 14th day of August 2018. PASSED, APPROVED and ADOPTED ON SECOND READING, the 28th day of August 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 3 - Agenda No. 3 0111 &WOU111►`[4I ady 1 DIU [o7 710 Rod City Council Meeting: August 28, 2018 Department: Subject: City Secretary /Council Appointments to the various City Boards, Commissions and Committees During the last Interview Committees interviews with various citizens, Mr. Daniel Ortega had interviewed to be on the Economic Development Corporation Board; the Committee had unanimously selected his appointment and staff was waiting on approval from his employer. We received notification of approval the week of August 13tH FISCAL IMPACT None RECOMMENDATION Based on the recommendations by the Interview Board, staff recommends Council approve the appointment of Mr. Daniel Ortega to the Economic Development Corporation Board. CITY COUNCIL MEMORANDUM City Council Meeting: August 28, 2018 Department: Administration Agenda No. 4 Subject: Resolution No. 18 -R -88 - Renewal of Management Services Agreement with SSLGC (SSLGC Resolution #SSLGC R18 -14) The Schertz /Seguin Local Government Corporation (SSLGC) Management Services Agreement with the City of Schertz will be expiring September 30, 2018. It is the desire of SSLGC to renew this agreement for FY2018 -19. SSLGC staff along with both city staffs have worked to update the MSA's. Several changes were made to the agreement with Schertz to update the agreement to better reflect what services the City provides. The agreement reflected operational tasks prior to SSLGC having its own staff. Additionally the MSA reflects a new position, Operations Manager, to help current operational staff prepare for and implement a 2nd pipeline, water wells and a 2nd treatment plant as the Guadalupe Water Project is built and brought on -line. Goal To extend the Management Services Agreement with SSLGC. Community Benefit To continue our partnership with SSLGC and provide the best quality water to our citizens and businesses. Summary of Recommended Action Staff recommends Council approve the resolution authorizing the renewal of the Management Services Agreement with the City of Schertz and SSLGC. This agreementtake effective October 1, 2018 and continue through September 30, 2019. FISCAL IMPACT No fiscal impact RECOMMENDATION Staff recommends Council approve Resolution ATTACHMENTS Resolution No. 18 -R -88 Management Services Agreement Resolution # SSLGC R18 -14 RESOLUTION NO. 18 -R -88 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT FOR MANAGEMENT SERVICES BETWEEN THE CITY OF SCHERTZ AND THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION WITH SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") and the Schertz /Seguin Local Government ( "SSLGC ") have determined that the SSLGC requires management services relating to managing the daily operations of the SSLGC; and WHEREAS, City staff has determined that the City is qualified to provide such services for the SSLGC; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with SSLGC pursuant to the Agreement for Management Services Between the City of Schertz and the Schertz /Seguin Local Government Corporation attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with SSLGC in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council . hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 28th day of August, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50677064.1 EXHIBIT A AGREEMENT FOR MANAGEMENT SERVICES BETWEEN THE CITY OF SCHERTZ AND THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION 50677064.1 A-] AGREEMENT FOR MANAGEMENT SERVICES BETWEEN THE CITY OF SCHERTZ AND THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION THE STATE OF TEXAS KNOWN ALL BY THESE PRESENTS: COUNTY OF GUADALUPE THIS AGREEMENT, executed the 16th day of AUGUST, 2018, by and between the City of Schertz, a municipal corporation, acting by and through its City Manager, situated in Guadalupe County, Texas (hereinafter referred to as "Schertz "), and the Schertz /Seguin Local Government Corporation (hereinafter referred to as "SSLGC ") acting by and through its General Manager is as follows: WITNESSETH: I. Schertz agrees to provide certain management, administrative, operational, and customer relations, to SSLGC according to the terms of this Agreement. The General Manager of SSLGC shall be an employee of Schertz but shall be assigned to SSLGC and shall be charged with the responsibility of carrying out SSLGC's operations and programs as adopted by the SSLGC Board. SSLGC agrees that the General Manager may be terminated as an employee only by Schertz, but as long as this Agreement remains in effect, Schertz shall consult with SSLGC prior to terminating the General Manager. Direct services Schertz shall perform for SSLGC pursuant to this Agreement shall include, but not limited to the following: 1. Assist the SSLGC General Manager in preparing a budget for the forthcoming year for review and approval by the SSLGC Board and City Councils of Schertz and Seguin. 2. Providing professional development and succession planning training to the General Manager to enable them to provide long term strategic leadership to SSLGC 3. (Subject to .Article IX of this Agreement) Providing risk management service in accordance with the requirement of the SSLGC's bond resolutions, the water supply agreement with Schertz and the City of Seguin, the terms of this Agreement, and directives of the SSLGC Board. Schertz's services under this agreement are subject to oversight and direction by the SSLGC Board. Schertz will procure SSLGC Board approval for all contracts and management decisions affecting SSLGC and governed by the terms of this Agreement. In performing its duties under this .Agreement, Schertz shall act for the benefit of SSLGC and not of any individual in the SSLGC water project. SS1,G /SC1 E .T` i4 W t" ` (Dtimm tB ° SIGNE ORTGIN Lk . SS1, (-' 0vM SSLGC shall reimburse Schertz the cost for the management services provided to SSLGC by Schertz pursuant to this Agreement as described in the following paragraph. Such payments shall be paid on a quarterly basis and payable by the 25`' day April, July, October and January. To compensate Schertz for the costs it will incur to perform the services described in this Agreement, SSLGC will reimburse Schertz the actual expenditures incurred, not to exceed the SSLGC fiscal year 2018 -2019 total budget. The SSLGC Board will establish the amount of reimbursement to be paid to Schertz for services under this Agreement for each subsequent fiscal year during SSLGC's budget process. Schertz will have the right at any time during a fiscal year to seek additional reimbursement if Schertz reasonably determines that the budgeted amount is inadequate to compensate Schertz for the costs it incurs on behalf of SSLGC in providing services under this agreement. Projected cash shortages resulting from unplanned costs related SSLGC operations and the services to be provided by Schertz under this Agreement will be brought to the immediate attention of the SSLGC Board. The SSLGC Board or SSLGC General Manager will have the right during normal business hours upon three business days' prior written notice, to audit, examine, or reproduce any or all books and records of Schertz related to the performance of its duties under this Agreement. In the event of the termination of this Agreement, SSLGC will be responsible for paying Schertz only the portion of the cost allocated to periods prior to the effective date of termination. III. It is the express purpose of this Agreement to have Schertz, through the SSLGC General Manager, implement, administer, and carry out the duties required for the operations of the public water systems owned by SSLGC. IV. Schertz acknowledges that the City of Seguin, the City of Schertz, and the Schertz /Seguin Local Government Corporation have entered into a Cost Allocation Agreement Relating to the Guadalupe Project. Q Schertz acknowledges that the City of Seguin, the City of Schertz, and the Schertz /Seguin Local Government Corporation have entered into a Tri- Lateral Agreement Relating to the Water Sales. U1 Schertz acknowledges that the SSLGC General Manager is responsible for supervision and leadership of all SSLGC Staff. He /She will develop, with Board and Executive Committee approval, an organizational chart and lines of responsibility for all leadership positions to include but not be limited to an Operations Manager and Water Superintendent for the efficient and appropriate operations of the corporation. These positions and /or others not named here shall be filled or left 2of4 LGC/ S1;F1ER €Z 111 x1 :FY2018 -2019 SSLGC AII1$11OV1 1):a t'F1 1;11'F A1*1*R11 EM: SIGNED ORIGINAL(S): 2 vacant by the General Manager as they see fit with the approval of the SSLGC Board and Executive Committee. The General Manager will participate in the annual review process of all SSLGC Operations Personnel, be informed of any personnel actions and provide for the annual review of the Operations Manager, and Administrative Staff. VII. The SSLGC Administrative Building at 108 W. Mountain Street, Seguin, Texas 78155, will be known as the location of the SSLGC Administrative Office and SSLGC meeting site. VIII. Subject to early termination as provided in .Article VII below, this Agreement shall be in effect for a period of one year commencing OCTOBER 1, 2018 and ending SEPTEMBER 30, 2019, unless otherwise renewed or extended at the discretion of both parties. IX. TERMINATION: This Agreement may be terminated by Schertz or SSLGC, in whole, or from time to time in part, upon ninety (90) day written notice from the terminating party to the other party. The effective date of termination shall be ninety (90) days after delivery of Notice of Termination specifying to what extent performance or work under the .Agreement shall be terminated ninety (90) days after receipt by the notified party. 2. After receipt of a Notice of Termination Schertz shall: a. Stop work on the date as specified in the Notice of Termination to extent possible. b. Place no further orders or subcontracts except as may be necessary for completion of the work not terminated. c. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination in so far as possible. d. SSLGC shall pay expenses incurred through the date of termination. It is expressly understood that Schertz and SSLGC each retain the right to pursue other avenues for development and operation of public water systems, when it is determined to be in the best interest of Schertz or SSLGC to do so, and this Agreement shall not limit either Schertz's right or SSLGC's right to pursue such interests. 3 of 4 SL(; /S /HE T ' MSA FY2018 -2019 SIGNED IGIN L(S):2 M It is the intent of the parties for SSLGC to acquire, after consultation with Schertz, insurance and other risk management programs to protect SSLGC, its property, and its participants. To the extent permitted by law and to the extent SSLGC is protected by insurance or other risk management program, SSLGC shall defend, indemnify and hold harmless Schertz from and against claims, demands, actions, judgments, and liabilities asserted by any person other than SSLGC arising out of the performance by Schertz of its services on behalf of, and as agent of, SSLGC under this Agreement, except such claims, demands, actions, judgments, and liability arising out of the willful misconduct or gross negligence of Schertz. RIM This Agreement shall take effect on the 1" day of OCTOBER 2018. IN WITNESS WHEREOF, the parties have executed this Contract in the year and on the day indicated. SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION P.O. Box 833 Seguin, Texas 78156 R. Alan Cockerell, General Manager Date 4of4 SS1..G(,' r PPR V1 1) CITY OF SCHERTZ, TEXAS 1400 Schertz Parkway Schertz, Texas 78154 Brian James, Acting City Manager Date AGREEMENT FOR MANAGEMENT SERVICES BETWEEN THE CITY OF SCHERTZ AND THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION THE STATE OF TEXAS KNOWN ALL BY THESE PRESENTS: COUNTY OF GUADALUPE THIS AGREEMENT, executed the day of , 2018, by and between the City of Schertz, a municipal corporation, acting by and through its City Manager, situated in Guadalupe County, Texas (hereinafter referred to as "Schertz "), and the Schertz /Seguin Local Government Corporation (hereinafter referred to as "SSLGC ") acting by and through its General Manager is as follows: WITNESSETH: I. Schertz agrees to provide certain management, administrative, operational, and customer relations, to SSLGC according to the terms of this Agreement. The General Manager of SSLGC shall be an employee of Schertz but shall be assigned to SSLGC and shall be charged with the responsibility of carrying out SSLGC's operations and programs as adopted by the SSLGC Board. SSLGC agrees that the General Manager may be terminated as an employee only by Schertz, but as long as this Agreement remains in effect, Schertz shall consult with SSLGC prior to terminating the General Manager. Direct services Schertz shall perform for SSLGC pursuant to this Agreement shall include, but not limited to the following: 1. Assist the SSLGC General Manager in preparing a budget for the forthcoming year for review and approval by the SSLGC Board and City Councils of Schertz and Seguin. 2. Providing professional development and succession planning training to the General Manager to enable them to provide long term strategic leadership to SSLGC. a N 3. (Subject to Article IX of this Agreement) providing risk management service in accordance with the requirement of the SSLGC's bond resolutions, the water supply agreement with Schertz and the City of Seguin, the terms of this Agreement, and directives of the SSLGC Board. Schertz's services under this agreement are subject to oversight and direction by the SSLGC Board. Schertz will procure SSLGC Board approval for all contracts and management decisions affecting SSLGC and governed by the terms of this Agreement. In performing its duties under this Agreement, Schertz shall act for the benefit of SSLGC and not of any individual in the SSLGC water project. S 1- C/ C;HERTZ MSA F J2017- -2018 SIGNET ]GIN t (S):2 UP SSLGC shall reimburse Schertz the cost for the management services provided to SSLGC by Schertz pursuant to this Agreement as described in the following paragraph. Such payments shall be paid on a quarterly basis and payable by the 25`h day April, July, October and January. To compensate Schertz for the costs it will incur to perform the services described in this Agreement, SSLGC will reimburse Schertz the actual expenditures incurred, not to exceed the SSLGC fiscal year 2017 -2018 total budget. The SSLGC Board will establish the amount of reimbursement to be paid to Schertz for services under this .Agreement for each subsequent fiscal year during SSLGC's budget process. Schertz will have the right at any time during a fiscal year to seek additional reimbursement if Schertz reasonably determines that the budgeted amount is inadequate to compensate Schertz for the costs it incurs on behalf of SSLGC in providing services under this agreement. Projected cash shortages resulting from unplanned costs related SSLGC operations and the services to be provided by Schertz under this Agreement will be brought to the immediate attention of the SSLGC Board. The SSLGC Board or SSLGC General Manager will have the right during normal business hours upon three business days' prior written notice, to audit, examine, or reproduce any or all books and records of Schertz related to the performance of its duties under this Agreement. In the event of the termination of this .Agreement, SSLGC will be responsible for paying Schertz only the portion of the cost allocated to periods prior to the effective date of termination. It is the express purpose of this Agreement to have Schertz, through the SSLGC General Manager, implement, administer, and carry out the duties required for the operations of the public water systems owned by SSLGC. IV. Schertz acknowledges that the City of Seguin, the City of Schertz, and the Schertz /Seguin Local Government Corporation have entered into a Cost Allocation Agreement Relating to the Guadalupe Project. V. Schertz acknowledges that the City of Seguin, the City of Schertz, and the Schertz /Seguin Local Government Corporation have entered into a Tri- Lateral Agreement Relating to Water Sales. VI. 2of5 7LG( - -' (,',II °t1.TZ i" SA F 2017 -2117 SIGNED ORIGINAL(S): 2 Schertz acknowledges that the SSLGC General Manager is responsible for supervision and leadership of all SSLGC Staff. He /She will develop, with Board and Executive Committee approval, an organizational chart and lines of responsibility for all leadership positions to include but not be limited to an Operations Manager and Water Superintendent for the efficient and appropriate operations of the corporation. These positions and /or others not named here shall be filled or left vacant by the General Manager as they see fit with the approval of the SSLGC Board and Executive Committee. The General Manager will participate in the annual review process of all SSLGC Operations Personnel, be informed of any personnel actions and provide for the annual review of the SSLGC Operations Manager, and SSLGC Administrative Staff. VII. The SSLGC Administrative Building at 108 W. Mountain Street, Seguin, Texas 78155, will be known as the location of the SSLGC Administrative Office and SSLGC meeting site. WII Subject to early termination as provided in Article VII below, this Agreement shall be in effect for a period of one year commencing OCTOBER 1, 2018 and ending SEPTEMBER 30, 2019, unless otherwise renewed or extended at the discretion of both parties. IX. TERMINATION: 1. This Agreement may be terminated by Schertz or SSLGC, in whole, or from time to time in part, upon ninety (90) day written notice from the terminating party to the other party. The effective date of termination shall be ninety (90) days after delivery of Notice of Termination specifying to what extent performance or work under the Agreement shall be terminated ninety (90) days after receipt by the notified party. 2. After receipt of a Notice of Termination Schertz shall: a. Stop work on the date as specified in the Notice of Termination to extent possible. b. Place no further orders or subcontracts except as may be necessary for completion of the work not terminated. c. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination in so far as possible. d. SSLGC shall pay expenses incurred through the date of termination. go 3of5 SSLG(--/SCHI,'IZTZ MSA 2Y20 7 2018 SSLGC APPROVED� SIGNED ORIGINAL(S): 2 It is expressly understood that Schertz and SSLGC each retain the right to pursue other avenues for development and operation of public water systems, when it is determined to be in the best interest of Schertz or SSLGC to do so, and this .Agreement shall not limit either Schertz's right or SSLGC's right to pursue such interests. It is the intent of the parties for SSLGC to acquire, after consultation with Schertz, insurance and other risk management programs to protect SSLGC, its property, and its participants. To the extent permitted by law and to the extent SSLGC is protected by insurance or other risk management program, SSLGC shall defend, indemnify and hold harmless Schertz from and against claims, demands, actions, judgments, and liabilities asserted by any person other than SSLGC arising out of the performance by Schertz of its services on behalf of, and as agent of, SSLGC under this Agreement, except such claims, demands, actions, judgments, and liability arising out of the willful misconduct or gross negligence of Schertz. on This Agreement shall take effect on the 1" day of OCTOBER 2018. IN WITNESS WHEREOF, the parties have executed this Contract in the year and on the day indicated. SCHERTZ /SEGUIN LOCAL CITY OF SCHERTZ, TEXAS GOVERNMENT CORPORATION 1400 Schertz Parkway P.O. Box 833 Schertz, Texas 78154 Seguin, Texas 78156 4of5 S(S Unµµ�;!! r'��"F��APPROVE �� 'R�D' SIGNED ORIGINAL(S): R. Alan Cockerell, General Manager Date 5 of 5 SSI,GC/S(-.IIER'T'-/` MSA FY2017-2018 SSLGC APPROVEID. SO I ERTZ APPR OVEM: Brian James, Acting City Manager Date SIGNED ORIGINAL(S): 2 STATE OF TEXAS COUNTY OF D. . i' • i. . Agreement WIN WIN k-olpf'ora on ciesTes to enter into 37VTianagemen-I Services with the City Of _ r WHEREAS, the Agreement Schettz/Seguin Local Government Corporation attached hereto and incorporated herein for all purposes -r - the proposed A,,. .- between the parties. 1. That the Schertz /Seguin Local Government Corporation hereby approves the Management Services Agreement between the Schertz/Seguin. Local Government Corporation and the City of Schertz. I That the General Manager be authorized to execute the Management Services Agreement between the Schertz/Seguin Local Government Corporation and the City of Schertz. W*16� 64, r David eiley, Secretary i Charles Kehn, Assistant Secretary t� 1► i Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: August 28, 2018 Department: Police Subject: Resolution 18 -R -111 - Consideration and approval by the City Council of the City of Schertz, Texas an Interlocal agreement between the City of Schertz and the Drug Enforcement Administration for two Task Force Officers. BACKGROUND Trafficking in narcotics and dangerous drugs and trafficking in controlled substance pharmaceuticals exists in the San Antonio area to include the City of Schertz. Having our officers assigned to DEA task force units provides experienced investigative staff knowledgeable in the local area and cultures to the DEA. In return, the City has use of all the resources available from multiple Federal law enforcement agencies in local investigations. There is also a financial incentive realized in shared seized assets from our coordinated efforts in area DEA investigations. Goal To renewal the Fiscal Year 2019 . agreement for the two officers currently assigned to two DEA Task Force Units. Community Benefit There is benefit from the immediate availability of Federal resources in local investigations. Although many of these resources would ultimately become available in time, it is far more efficient when we are able to contact Schertz investigators and immediately activate such resources. There is also a financial benefit associated with shared seized assets resulting from joint investigations. Summary of Recommended Action Staff recommends approval of the attached Resolution authorizing the Chief of Police to enter into this agreement with the Drug Enforcement Administration. FISCAL IMPACT There is no additional fiscal impact associated with this agreement. The positions are existing and included in the annual budget. ATTACHMENT Resolution No. 18 -R -111 Two Interlocal. Agreements between Schertz and Drug Enforcement Administration. RESOLUTION NO. 18 -R -111 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AGREEMENTS WITH THE DRUG ENFORCEMENT ADMINISTRATION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, there is evidence that trafficking in controlled substance pharmaceuticals and/or listed chemicals exists in the San Antonio area to include the City of Schertz; and WHEREAS, there is evidence that trafficking in narcotics and dangerous drugs exists in the San Antonio area to include the City of Schertz; and WHERAS, the Schertz Police Department and the Drug Enforcement Administration desire to enter into AGREEMENTS regarding the use of experienced investigators familiar with the local area and culture to assist in the investigations of DEA Task Force Units and the resources of various Federal agencies to assist in local investigations; and WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter agreements with the Drug Enforcement Administration; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into agreements with the Drug Enforcement Administration; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS 1I:w Section 1. The City Council hereby authorizes the Chief Of Police to enter into the agreements attached 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 day of , 2018. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - TACTICAL DIVERSION TASK FORCE AGREEMENT This agreement is made this 1St day of October, 2018, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Schertz Police Department (hereinafter "SPD "). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Whereas there is evidence that trafficking in controlled substance pharmaceuticals and/or listed chemicals exists in the San Antonio, Texas, area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Texas, the parties hereto agree to the following: 1. The San Antonio Tactical Diversion Squad (TDS) will perform the activities and duties described below: a. Investigate, disrupt and dismantle individuals and/or organizations involved in diversion schemes (e.g., "doctor shopping ", prescription forgery, and prevalent retail -level violators) of controlled pharmaceuticals and /or listed chemicals in the San Antonio, Texas, area; b. Investigate, gather and report intelligence data relating to trafficking of controlled pharmaceuticals and /or listed chemicals; and c. Conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Texas. 2. To accomplish the objectives of the San Antonio TDS, the SPD agrees to detail one (1) experienced officer(s) to the San Antonio TDS for a period of not less than two years. During this period of assignment, the SPD officer(s) will be under the direct supervision and control of a DEA supervisory Special Agent assigned to the Task Force. 3. The SPD officer(s) assigned to the TDS shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The SPD officer(s) assigned to the Task Force shall be deputized as Task Force Officer(s) of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the San Antonio TDS, DEA will assign three (3) Special Agents and one (1) Diversion Investigator to the Task Force. DEA will also, subject to the availability of annual Diversion Control Fee Account (DCFA) funds or any continuing resolution thereof, provide necessary funds, vehicles, and equipment to support the activities of the DEA Special Agents and SPD officer(s) assigned to the TDS. This support will include: vehicles, office space, office supplies, travel funds„ funds for the purchase of evidence and information, 1 investigative equipment, training, and other support items, as available DCFA funds permit. Task Force officers must record their work hours via DEA's activity reporting system. 6. During the period of assignment to the San Antonio TDS, the SPD will be responsible for establishing the salary and benefits, including overtime, of the officers assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the agency /department for overtime payments made by it to SPD officer(s) assigned to the San Antonio TDS for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, step 1, (RUS) Federal employee, currently $18,343.75, per officer. Note: Task Force Officer's overtime "Shall not include any costs for benefits, such as retirement, FICA, and other expenses. " 7. In no event will the SPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The SPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9. The SPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The SPD shall maintain all such reports and records until litigation, claim, audits and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is later. 10. The SPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The SPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. The SPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the SPD by DEA until the completed certification is received. 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, the SPD shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with Federal money and (2) the dollar amount of Federal funds for the project or program. 13. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2019. This agreement may be terminated by either party on thirty days' advance Pi written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by SPD during the term of this agreement. For the Drug Enforcement Administration: Date: Will R. Glaspy Special Agent in Charge For the Schertz Police Department: Date: Michael R. Hansen Chief of Police i1 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this farm. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonpro- curement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this cer- tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec- tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 - A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this applica- tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHERTHAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 - A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee in the statement required by para- graph (a) that, as a condition of employment under the grant, the employee will- OJP FORM 406116 (3 -91) REPLACES OJP FORMS 4061/2, 4061/3 AND 406114 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic -tion. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the iden- tification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted — (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforce- ment, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug - free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The grantee may insert in the space provided below the sites) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check ❑ if there are workplaces on file that are not indentified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each ap- plication for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. Check ❑ if the State has elected to complete OJP Form 4061/7. DRUG -FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620 - A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, posses- sion, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 810 Seventh Street NW., Washington, DC 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: (Grantee = Agency) 2. Application Number and /or Project Name N/A 4. Typed Name and Title of Authorized Representative 5. Signature 3. Grantee IRS/Vendor Number N/A 6. Date 'U.S. GOVemment Printing 00icea996- 405-037140014 PROGRAM FUNDED STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this I" day of October 2018, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Schertz Police Department (hereinafter "SPD "). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the San Antonio, Texas, area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Texas, the parties hereto agree to the following: 1. The San Antonio Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the San Antonio, Texas, area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Texas. 2. To accomplish the objectives of the San Antonio Task Force, the SPD agrees to detail one (1) experienced officer(s) to the San Antonio Task Force for a period of not less than two years. During this period of assignment, the assigned officer(s) will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The SPD officer(s) assigned to the Task Force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The SPD officer(s) assigned to the Task Force shall be deputized as Task Force Officer(s) of DEA pursuant to 21 USC 878. 5. To accomplish the objectives of the San Antonio Task Force, DEA will assign 35 Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and SPD officer(s) to the Task Force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training and other support items. If the SPD provides the Task Force Officer(s) with a vehicle, the DEA will pay for fuel. 6. During the period of assignment to the San Antonio Task Force, the SPD will remain responsible for establishing the salaries and benefits, including overtime, of the SPD officer(s) assigned to the Task Force and for making all payments due them. DEA will, subject to 1 availability of funds, reimburse the SPD for overtime payments made by it to the SPD officer(s) assigned to the San Antonio Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, Step 1 (RUS) federal employee, currently $18,343.75, per officer. Note: Task Force Officer's overtime "Shall not include any costs for benefits, such as retirement, FICA, and other expenses." 7. In no event will the SPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The SPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9. The SPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The SPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved or for a period of three (3) years after termination of this agreement, whichever is later. 10. The SPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The SPD agrees that an authorized officer(s) or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. The SPD acknowledges that this agreement will not take effect and no federal funds will be awarded until the completed certification is received. 12. When issuing statements, press releases requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or part with federal money, the SPD shall clearly state: (1) percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the project or program. 13. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2019. This agreement may be terminated by either party on 30 days advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by SPD during the term of this agreement. 2 For the Drug Enforcement Administration: Date: Will R. Glaspy Special Agent in Charge For the Schertz Police Department: Date: Michael R. Hansen Chief of Police � U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS .I ,„ �,� OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonpro- curement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at or commission of embezzlement, theft, forgery, 28 CFR Part 69, the applicant certifies that bribery, falsification or destruction of records, making false statements, or receiving stolen property; (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this Cer- tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec- tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 - A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this applica- tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHERTHAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620— A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee in the statement required by para- graph (a) that, as a condition of employment under the grant, the employee will- OJP FORM 4061/6 (3 -91) REPLACES OJP FORMS 406112,4061/3 AND 406114 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic -tion Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the iden- tification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted — (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforce- ment, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug - free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check ❑ if there are workplaces on file that are not indentified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each ap- plication for Department of Justice funding. States and State agencies may elect to use OJP Form 406117. Check ❑ if the State has elected to complete OJP Form 4061/7. DRUG -FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620— A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, posses- sion, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 810 Seventh Street NW., Washington, DC 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: (Grantee = Agency) 2. Application Number and /or Project Name 3. Grantee IRS/Vendor Number N/A N/A 4. Typed Name and Title of Authorized Representative 5. Signature 6. Date `U.S. Govamment P nting Gfrme:1996 - 405-037140014 Agenda No. 6 011111 401"LlumI NO 1 OIU [o] PLAN I UK] 1 City Council Meeting: August 28, 2018 Department: Police Subject: Resolution 18 -R -112 - Consideration and approval by the City Council of the City of Schertz, Texas a memorandum of understanding between the City of Schertz and the Children's Advocacy Center of Comal County, Inc. This Memorandum of Understanding (MOU) outlines cooperation between the Children's Advocacy Center of Comal County and Schertz Police Department. Primarily, this MOU is intended to detail the process of the agencies approach to dealing with child abuse in a collaborative method to avoid re- victimization of children by the system itself. Goal To renew the existing agreement and protocols with the Children's Advocacy Center of Comal County, Inc. Community Benefit The agreement and list of protocols creates a working partnership between the Schertz Police Department and the Children's Advocacy Center of Comal County, Inc. It outlines the procedures that will be followed when child abuse incidents are reported. Summary of Recommended Action Staff recommends approval of the attached Resolution authorizing the Chief of Police to enter into this renewal and protocols with the Children's Advocacy Center of Comal County, Inc. FISCAL IMPACT There is no fiscal impact associated with this agreement. ATTACHMENT Resolution No. 18 -R -112 Memorandum of Understanding between. Children's Advocacy Center of Comal County, Inc and Schertz Police Department Memorandum of Understanding /Protocols between Children's Advocacy Center of Comal County, Inc. and Schertz Police Department RESOLUTION NO. 18 -R -I12 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AGREEMENTS WITH THE CHILDREN'S ADVOCACY CENTER OF COMAL COUNTY, INC., AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Children's Advocacy Center of Comal County, Inc. works with victims of child abuse; and WHEREAS, there are over one thousand children victimized by physical and sexual abuse each year in Comal County; and WHEREAS, the Schertz Police Department and the Children's Advocacy Center of Comal County, Inc. have worked together for a number of years and do share a mutual desire to protect these children from re- victimization; and WHERAS, it is in the best interest of the City of Schertz and the Children's Advocacy Center of Comal County, Inc. to work in cooperation and support with mutual understanding and clearly established procedures and protocols; and WHEREAS, the Schertz Police Department requests to continue in this agreement; and WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City renew the agreement and protocols; and WHEREAS, the City Council has determined that it is in the best interest of the City to renew the agreement and protocols with the Children's Advocacy Center of Comal County, Inc.; THAT: Section 1. The City Council hereby authorizes the Acting City Manager to designate the Chief Of Police to enter into the renewal and protocols attached in Exhibit A and Exhibit B. 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 28th day of August, 2018. . CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - Children's Advocacy Center of Comal County, Inc. Memorandum of Understanding We, the undersigned agencies, by and through our directors /administrators do hereby agree to the following policy supporting the Children's Advocacy Center of Comal County, Texas, to wit: Over a thousand children are victimized by physical and sexual abuse every year in Comal County. The projected rate of growth in our county would push the potential for increase in the future. The system for dealing with child abuse in Comal County consists of agencies with distinct individual mandates under the law but whose collective goal is the protection of children. The community has a primary interest in the protection of children. The community and the agencies which deal with child abuse are strongly committed to a collaborative approach to the problem, to avoid re- victimization of children by the system itself and to better meet their respective mandates. Re- victimization occurs when the child victim is forced to tell his or her story over and over again to representatives in each agency involved in an investigation. Such interviews often take place in strange and forbidding environments. Re- victimization is further aggravated when agency representatives do not communicate with one another. The child was often left with the feeling that the victimization by the system is worse than that which brought them into the system. This can cause the child to feel they made a mistake by telling; or worse still, the child told only to be returned to an abusive situation. As a collaboration of agencies, we agree: - to develop, achieve and maintain interagency and inter - professional cooperation and coordination in the case management and handling of sexual and physical abuse cases (those specific cases to be defined in an agreed interagency protocol); - to provide for multidisciplinary team and case management approach which is focused first, on the child victim's needs, second, on the law enforcement and child protective services investigations, third on the prosecution and civil proceedings involved, and fourth, on the family members who are supportive of the child and whose interests are consistent with the best interest of the child; - to obtain evidence useful for both criminal prosecution as well as protective action in civil proceedings; - to provide extensive, initial case screening and validation procedures so as to minimize the number of false allegations of sexual and physical abuse reports, with the early detection of such cases leading to the timely exoneration of innocent parties; - to reduce, to the absolute minimum, the number of interviews of child sexual and physical abuse victims, so as to minimize 're-victimization' of the child; - to provide for the extensive and continued training and education of those professionals working within the multidisciplinary team center, and those outside professionals in the community who deal with child victims of sexual and physical abuse; - to serve as a continuing resource and focus of information, education, and referral for the community, and for future as well as existing multidisciplinary team facilities within the State of Texas and nationwide; and - to provide, through development, maintenance and support of the center, a child - friendly environment that emphasizes the best interests of children and that provides investigative and rehabilitative services to the child victim and non - offending family members. Whereas we recognize that one of the primary tools to be utilized in the achievement of the aforementioned goals will be intake reports generated by Department of Family and Protective Services (DFPS) Statewide Intake and delivered to the Children's Advocacy Center of Comal County, Inc. ( CACCC). We understand that the CACCC's role in reviewing the reports is to review and identify Statewide Intake reports within the case acceptance criteria as defined by the CACCC's /MDT's Working Protocols and facilitate CACCC /MDT team services related to case investigation, assessment, and intervention. In addition, we understand that the CACCC's access to the Statewide Intake Reports shall not be construed to change, reduce or expand the authority or jurisdiction of the CACCC's or any MDT Team Partner's agency as it related to initiated and conducting investigations, assessments and /or interventions. While each of the undersigned agencies has specific responsibilities with regard to the investigation, prosecution, medical and therapeutic treatment of cases of child sexual and physical abuse, we do hereby acknowledge that the multidisciplinary team approach through Children's Advocacy Center serves to enhance the individual efforts of each agency. These respective agencies, with public support and awareness, will unify our community in the daily struggle to ensure the protection and preservation of the children in Comal County. All State and Federal confidentiality laws will be followed in connection with this agreement. This agreement can be terminated by any party without cause by giving written notice to the other parties. This Memorandum of Understanding must be re- executed, at a minimum, every three years, upon significant changes to the document, or upon a change of authorized partner agency signatories. Children's Advocacy Center of Comal County, Inc. Memorandum of Understanding /Protocols- 2018 General Information • Mission Statement- The mission of the Children's Advocacy Center of Comal County ( CACCC) and the multi - disciplinary team (MDT) is to provide a neutral, child - friendly agency to the community that facilitates a multidisciplinary approach in the prevention, detection, investigation, and treatment of child abuse. • Joint Investigations- The Protocols have been created pursuant to Texas Family Code Section 264, and the joint investigation process herein is defined as law enforcement and DFPS working together from the initial report of abuse until the investigation is completed. Target Population and Qualifying Criteria- The CACCC provides services to children alleged to be victims (age 17 and under) of sexual abuse and severe physical abuse, drug endangered children, child witnesses to violent crime, and their non- offending family members from Comal County. Courtesy services may be provided to agencies or individuals outside of Comal County. Children interviewed at the CACCC should be sufficiently developmentally capable of understandably discussing the incident. Adults that have proven to be developmentally under the age of 17 can also be interviewed. o SEXUAL ABUSE: Qualifying criteria that will require a joint investigation and a forensic interview will include all sexual abuse cases and risk of sexual abuse cases. o PHYSICAL ABUSE: Qualifying criteria that will require a joint investigation and a forensic interview will include physical abuse cases that are considered severe because there are physical injuries to the child by an adult caregiver, or because a significant past history of reported physical abuse allegations exist within that family, or because there has been a threat of death or serious bodily injury made by the offender toward the child. o DRUG ENDANGERED CHILDREN: Qualifying criteria that will require a joint investigation and a forensic interview will include children who are endangered by drug use in cases where any type of drug is being manufactured or sold in the home where the child resides and is present during the sale or manufacturing of the drug. o DOMESTIC VIOLENCE and WITNESS TO VIOLENCE: Qualifying criteria that will require a joint investigation and a forensic interview will include cases where a child lives in a home where an adult has committed an act of violence against another adult and the child has witnessed the incident. The violence must have resulted in serious bodily injury, strangulation, or exists where there has been a continuous pattern of violence. 1 o CHILD FATALITY: In cases where there has been a child death, all of the surviving children in the home will receive a joint investigation and forensic interview. o All other types of cases may, at the discretion of the MDT, have only a joint investigation without forensic interview or may be referred to the Domestic Violence Review Team, the Drug Endangered Child Team, or may be placed on the Case Review List for MDT discussion with or without a forensic interview occurring. • MDT Members- The Multidisciplinary Team (MDT) includes representatives from the following disciplines whose agencies have signed the CACCC MDT Memorandum of Understanding (Protocols) /Interagency Agreement: o PROSECUTION o LAW ENFORCEMENT o DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES (DFPS) o MEDICAL PROFESSIONALS 1�0 ON IA01kIFe1■:IXe109MIa1i•I X.Y.y[•I� /e1�.y o CRISIS RESPONSE ADVOCATES o COURT APPOINTED CHILD ADVOCATES (CASA) o CHILDREN'S ADVOCACY CENTER STAFF (CACCC) The CACCC Facility- The CACCC facility located at 1168 Pride Drive, New Braunfels TX 78132 is the property and responsibility of the Children's Advocacy Center of Comal County, Inc., a 501(c)(3) Nonprofit Organization. The Executive Director of the CACCC is an employee for the Board of Directors and is appointed by the Board as the person responsible for the CACCC facility. Thus, the CACCC through the Executive Director shall decide any and all matters regarding the physical facility of the CACCC in conjunction with the Board of Directors. The Executive Director has the authority to prohibit the presence of any person at the CACCC at any time for any reason that may have an effect on the orderly provision of services at the CACCC. Conflict Resolution- Each member of the MDT will respect the opinion of any other team member(s) involved in any disagreement, concern or conflict. MDT Team members include all Interagency Partners who have signed an Interagency agreement with the CACCC, the head of each agency and any and all staff members or volunteers employed by the partner agency, as well as all staff members, employees and volunteers of the CACCC. If a conflict, issue or disagreement arises as to the investigation, findings, interview, follow up or as to any matter involving the CACCC, all efforts will be made to resolve the conflict or concern in a professional manner by the involved parties 2 WITHOUT involving other MDT team members, supervisors, Board Members, regulatory agencies or any other parties other than the parties involved in the disagreement, issue or conflict. If the complaint or disagreement or concern involves any CACCC staff, employee or volunteer, every effort should be made to treat the CACCC as an equal Interagency Partner and MDT Team Member as listed above. If after discussing the matter with the CACCC team member, the issue remains unresolved, then the Executive Director of the CACCC will meet with the Interagency Partner Heads to discuss a resolution of the issue. • Attendance Policy- Attendance at the CACCC during interviews and case review meetings is a priority for all team members involved in a case. If a team member is unavailable to attend an interview or case review meeting he or she will send a substitute from their agency to attend in their place with relevant case information. • Special Needs- Children or family members with special needs will have accommodations sufficient to provide the child and family a safe, comfortable, child- friendly environment. • Cultural Competency and Diversity- The CACCC has a cultural competency plan that contains goals ensuring that services will be provided to underserved populations in the community. The plan will be reviewed every 6 years from the time of the execution of the protocols. • Compliance with Law- All state and federal confidentiality laws will be followed in connection with the protocols. This agreement can be terminated by any party without cause by giving written notice to the other Interagency Partners. The MDT Working Protocols must be re- executed, at a minimum, every three years, upon significant changes to the document, or upon a change of authorized partner agency signatories. • Data Tracking- The CACCC uses an internal data system to track client information on cases through disposition, including identifying information, demographic information and status of the child's case. MDT team members can obtain access to this information by emailing the Director of Programs at MDTinfo @comalcac.org. fl. Roles and Responsibilities of the MDT • Prosecution- The role of the prosecutor is to provide assistance and guidance to law enforcement and DFPS through all stages of the criminal and civil investigations of child abuse, evaluate the evidence in each case and to prosecute appropriate cases in the court system. Responsibilities include the following: • Attend Case Review Meetings and Forensic Interviews when possible. • Share information and statistics with the CACCC and the MDT concerning the status of child abuse cases as they move through the legal system. • Prosecute child abuse cases in a timely fashion. • Coordinate the Domestic Violence High Risk Review Team (DVHRT). (Corral County Domestic High Risk Review Team Memorandum of Understanding is Attachment B.) • Law Enforcement (LE)- The role of law enforcement is to investigate whether or not a crime has been committed and to present information to the proper authorities for prosecution. • Attend Case Review Meetings and Forensic Interviews when possible. • Make referrals to the CACCC consistent with the Qualifying Criteria listed in Section 1 of the Protocols and participate in Joint Investigations with DFPS accordingly. • Request Forensic Medical Examinations when appropriate. • Request Crisis Advocacy when appropriate. • Inform the CACCC and MDT of the status of all cases as they move through the system, from the initial report forward. • Department of Family and Protective Services (DFPS) —The role of DFPS is to protect children who have experienced or who may be at risk of abuse or neglect in their home. In accordance with Texas Family Code and DFPS policies and procedures, decisions are made by investigating allegations and providing services as needed to secure the child's safety and well- being. • Attend Case Review Meetings and Forensic Interviews when possible. • Make referrals to the CACCC consistent with the Qualifying Criteria listed in Section I of the Protocols and participate in Joint Investigations with law enforcement accordingly. • Inform the CACCC of the status of all cases as they move through the system, from the initial report forward. • Medical Professionals- Sexual Assault Nurse Examiners through the Sexual Assault Response Resource Team ( SARRT) or any other certified forensic examiners will provide competent and victim- centered care to sexual assault /abuse patients during sexual assault examinations and will be expert witnesses when needed. The Crisis Center of Comal County, Inc., coordinates the Sexual Assault Response Resource Team and provides specific guidelines for examinations in the SARRT Cooperative Working Agreement 2018 (Attachment A). Only chronic child forensic examinations will occur on site at the CACCC and 4 will be scheduled by CACCC Staff. Acute exams will be scheduled by Crisis Center of Comal County. Responsibilities include: o Attend Case Review Meetings. • Provide forensic medical examinations performed by qualified health providers who have pediatric and child abuse training and experience. • Inform the CACCC and MDT of the status, test results and examination findings in all cases. • Testify in court as an expert witness as needed. • Mental Health Professionals —The role of mental health service providers (including CACCC staff counselors) is to reduce the symptoms of trauma in children and to help promote healing and /or eliminate the risk of abuse occurring in the future. Qualified professionals with child mental health education and experience will provide counseling. Mental health services are offered free of charge by CACCC counselors on site at the CACCC to any child and /or non - offending caretaker whose family is referred for a forensic interview at the CACCC. Responsibilities include: o Attend Case Review Meetings. • Provide Trauma Focused - Cognitive Behavioral Therapy or counseling as needed to reduce symptoms associated with abuse and eliminate risk of future abuse. • Inform the CACCC and MDT of the mental health status of child and family in all cases. • Testify in court as an expert witness as needed. • Crisis Response Advocates- The role of crisis advocates is to inform, support, and accompany victims, their friends and family during the medical, investigative, judicial and recovery process. Responsibilities include: • Attend Case Review Meetings. • Provide crisis intervention, support, case management and safety planning as needed when requested by law enforcement. • Attend forensic interviews with families as needed. • Inform the CACCC and MDT of the status of the victim and the family in all cases. o Testify in court as an expert witness as needed. • CASA Advocates- CASA is appointed by the Child Protection Court Judge to service as Guardian Ad Litem (GAL) to children placed in the care of DFPS. CASA's role is to make best interest recommendations to the Judge on behalf of the child. • Attend Case Review Meetings. The CASA Supervisor will share information, present updates, concerns and /or issues regarding children at Case Review Meetings • Visit children, parents and any relatives deemed appropriate for caring for the children. • Review records as needed, including medical, dental, educational, psychiatric, and mental health records. • If it becomes necessary for CASA volunteers /staff to attend a forensic interview, they will remain in the waiting area of the CACCC to provide support and encouragement to the children and family. • CACCC - The role of the CACCC is to facilitate the coordination, investigation, detection, treatment and prevention of child abuse by providing qualified staff to work as a part of the MDT that includes Forensic Interviewers, Family Advocates, Intake Staff, Administrative Staff and Counselors. Services are provided to the child who received a forensic interview, siblings of that child and the non - offending caretaker. Responsibilities include: o Attend and facilitate Case Review Meetings. • Track and coordinate cases as they go through the system. Enter information on all abuse cases in the county into data system and review data regularly. • Review Statewide Intake Reports. Identify which cases meet Qualifying Criteria as specified in Section I that require a joint investigation and forensic interview and coordinate /schedule as needed with MDT partners. • Facilitate all MDT services related to case investigation, assessment and intervention. • Provide trained forensic interviewers to conduct legally sound, non - duplicative, non - leading, neutral interviews. Interviewers will be trained in accordance with the CAC of TX's required Core Curriculum and Peer Review standards. • Provide physical location for chronic forensic medical examinations performed by qualified health providers and assist in the coordination /scheduling of examinations. • Provide family advocacy services to the non - offending caretaker that include referring to counseling and all other resources that might be needed. • Family advocates provide on -site family assistance to the families (non - offending caretakers) that come to the CACCC and follow up with them to make certain that they are getting the services that they need to recover from abuse. • Advocates will attend CAC of Texas training in family advocacy. • CACCC advocates use a modified crisis intervention approach during the family's later phases of crisis. Crisis Intervention Specialists from the Crisis Center provide crisis intervention services immediately after an incident or directly after an incident is reported. • CACCC Staff can always be contacted through calling the office business line at 830 626 2543, Extension 0. A recording will give the cell phone number to reach staff 24/7. This number can be used initiate the coordination of the investigation and /or to schedule interviews pursuant to Texas Family Code articles 261.101 and 264.4061 for cases involving professional reporters of abuse. 11 M. Coordinated Investigation Process In general the chronological order of the Investigation process will be to first review intakes /arrest reports to facilitate a joint investigation if meeting qualifying criteria; next, to provide a forensic interview if determined necessary; then provide a forensic medical examination if authorized; and last, provide counseling services to the child and /or the family. By using the CACCC, the involved agencies are agreeing to abide by the CACCC protocols. A. Intake and Scheduling The CACCC maintains an independent email on its internal email system that receives Statewide Intake Reports (SWI) from DFPS daily. They are reviewed by CACCC staff every weekday by the Intake Coordinator and /or Director of Programs. Case information is entered into the Intake Database every weekday. CACCC Staff will make efforts similarly to track law enforcement reports as well. The CACCC's access to SWI Reports shall not be construed to change, reduce, or expand the authority or jurisdiction of the CACCC or any MDT Partner Agency as it relates to initiating and conducting investigations, assessments and /or interventions. • CACCC Intake Staff will review each intake every weekday and determine if it meets Qualifying Case Criteria. If so, DFPS and LE will be contacted by CACCC Staff to discuss the joint investigation strategy for the case. DFPS and /or LE may also contact the CACCC with case information to discuss a joint investigation /interview. CACCC Staff will email any necessary documentation to all team members assigned to the case, including SWI. CHECKLIST FOR QUALIFYING CRITERIA for JOINT INVESTIGATIONS AND FORENSIC INTERVIEWS: • All SEXUAL ABUSE cases and risk of sexual abuse cases. • Severe PHYSICAL ABUSE cases where there are physical injuries to the child caused by an adult caregiver, or because a significant past history of reported physical abuse allegations exist within that family, or because there has been a threat of death or serious bodily injury made by the offender toward the child. • DRUG ENDANGERED CHILD cases where any type of drug is being manufactured or sold in the home where the child resides and is present during the sale or manufacturing of the drug. • DOMESTIC VIOLENCE OR WITNESS TO VIOLENCE where an adult has committed an act of violence against another adult in the home and the child has witnessed the incident. The violence must have resulted in serious bodily injury, strangulation, or exists where there has been a continuous pattern of violence. In the case of a child fatality, pursuant to TFC 264.4061, all the children in the home will be interviewed unless the protocols do not otherwise allow. Cases not meeting Qualifying Criteria for Joint Investigations and Forensic Interviews can still receive the CACCC resources of a facilitated joint investigation, or case review upon request of LE, DFPS or the DA without a forensic interview occurring. Cases may also be referred to DVHRT, CFRT, SARRT or DEC for further activity if needed without a forensic interview if deemed appropriate and in compliance with the protocols and /or Workings Agreements for each group. 7 After normal business hours (8:30 a.m. until 5:00 p.m. Monday through Friday, excluding holidays), or on weekends, or holidays, a referral agency /individual can contact the CACCC staff to schedule an interview. CACCC Staff can always be contacted through calling the office business line at 830 626 2543, Extension 0. A recording will give the cell phone number to reach staff 24/7. This number can be used to schedule interviews pursuant to Texas Family Code articles 261.101 and 264.4061 for cases involving professional reporters of abuse (830 515 0422 or 830 837 3338). If DFPS and /or LE determine that an emergency interview is needed, they will contact CACCC staff (Director of Programs) to refer for a coordinated MDT response. For an interview to be classified as an emergency, the supervisor of the referring law enforcement officer, the supervisor of the referring child protective services investigator, or the sitting Criminal District Attorney, must approve the forensic interview via an email or phone call to the Executive Director of the CACCC. • If the case meets Qualifying Criteria as listed above, CACCC Staff will schedule the interview at a time that is available to LE and DFPS. The DA's office will be notified and invited to attend the interview. • The forensic interview should be the first Obtain MINIMAL FACT INQUIRVfrom the victim by asking brief general questions. 1. Tell me what happened. 2. When will you see this person again? Do you feel safe at home? 3. Where were you? 4. When was the last time this happened? 5. Who have you told? Remember: • Avoid yes /no and multiple choice questions. • Use only words and names the victim has used. • Do not obtain written statements. • Avoid asking for specific details about the incident. official statement given by a child alleging abuse if possible. Every effort will be used to avoid a detailed interview with the child prior to the forensic interview. Initial assessments or prescreening interviews will occur primarily by interviewing adult witnesses, including outcry witnesses if possible using the Minimal Fact Inquiry process. (See attached MFI questions.) • If any member of the CACCC staff has a personal or professional connection to any member of the victim's family or perpetrator's family, that relationship will be disclosed immediately to all investigating members of the MDT team and the CACCC will recuse itself from the case at the request of any member of the MDT. LE and /or DFPS will contact the family and will confirm the date and time for the interview and will let the family know that alleged perpetrators are not allowed on the premises of the CACCC. Further, every effort should be made to avoid the alleged perpetrator being involved in the drop off or pick up process for the family. Children should always attend interviews with a non - offending caretaker present. If it is an emergency interview and no caretaker is available, the referring agency must send personnel with the children. Children who are in state's custody or are residing at a residential treatment center or shelter will be transported to the CACCC by residential staff members and said staff member of the residential treatment center or shelter will remain E:3 on the premises of the CACCC for the duration of the interview process, counseling, or medical examination. • Only non - offending caretakers, family members and supportive individuals, specifically requested to attend by the family will be allowed in the waiting area of the CACCC and every person on site will be subject to a background check in the CACCC's discretion. In the event that there is any substantial risk to the health and safety of CACCC staff, MDT Members or any other individual at the CACCC because of a child's condition or health, the interview will be rescheduled for a time when that condition no longer exists. • Multiple Interviews: The practice of the MDT is to conduct only one forensic interview with child alleged victims. However, subsequent interviews can be conducted when it is determined that the investigation or court case will be adversely affected without further interviews if any team members assigned to the case determine it is necessary. The CACCC will offer subsequent interviews, extended interviews and multisession forensic interviews. • A subsequent interview will take place following an initial forensic interview if there is new information relevant to the child victim's case. The subsequent interview will be one session and will be conducted by a CACCC forensic interviewer. • In the event that the MDT determines that the interview needs to be extended, the CACCC will offer Multisession Forensic Interviews (MSFI). MFSI's will be conducted by a Forensic Interviewer trained in MFSI. Multisession Forensic Interviews are interviews that will take place in up to 4 sessions, allowing the child more opportunity to disclose. No alleged perpetrators, adult or juvenile, or defense counsel will be allowed at the CACCC. A child 9 years of age or younger who is an alleged offender may be interviewed at the CACCC where there are indications that the child is also a victim of abuse. Juveniles that are currently incarcerated for any offense, or who have a history of violent behavior will not be interviewed at the CACCC. • No alleged perpetrators, adult or juvenile, or defense counsel will be allowed at the CACCC. A child 9 years of age or younger who is an alleged offender may be interviewed at the CACCC where there are indications that the child is also a victim of abuse. Juveniles that are currently incarcerated for any offense, or who have a history of violent behavior will not be interviewed at the CACCC. • Additionally, any lawyer serving the family or child in any capacity will not be allowed on the premises during the interview process, the medical examination or during counseling sessions. • Team members should share all case information needed for a complete and neutral interview with the interviewer prior to the forensic interview. • File Contents for Interview- Every child who is interviewed at the CACCC will have an electronic file that is maintained according to the Record Retention Policy in Section 5 of the Protocols. If a pseudonym is required, LE will inform the CACCC as soon as possible so that the files will be kept under the pseudonym name. The Intake Coordinator will keep a password protected log of pseudonym names connected to actual names. In no other location at the CACCC will a child who was issued a pseudonym have their real name used on any file or paperwork. All intake reports provided by DFPS Statewide Intake to the CAC are the property of DFPS and not the CACCC. Because the intake reports are legally the property of DFPS and the CAC receives only a copy of the intake report that DFPS sends to the appropriate law enforcement agency, the CAC will follow its own organizational Record Retention Policy as it relates to client and case file information when determining how and when intake reports will be retained or destroyed. The CAC's interagency partners, including but not limited to DFPS, law enforcement, and prosecution agencies shall have access to the CAC's Record Retention Policy to ensure that they are informed of the CAC's practice as it relates to the retention and destruction of intake reports. Contents of a Child's CACCC Electronic Filer • Chain of Custody Form • MDT Report • Post Interview Summary Form' • Acknowledgement Form • Intake Form • Case Notes for Follow Up Information B. The Interview • A Staff member or volunteer of the CACCC will greet the child and family upon arrival at the Center. The child will be encouraged to tour the Center and be escorted to the playroom. The child will be encouraged to play or engage in other activities in order to assist the child in feeling comfortable and to build trust. • The victim is not notified of the recording process unless he or she asks. • The interview of the child will be conducted in a room that is child friendly. Only the interviewer and the child will be present in the interview room during the interview unless an interpreter is required. In such case, the interpreter may be present in the interview room. • MDT will communicate with the Interviewer before the interview to share relevant information. During the interview to request additional information if needed and following the interview to distribute DVD's and complete necessary paperwork. 1 The interviewer will be responsible for operation of the recording equipment. A DVD recording will be made of the interview. The DVD's are the property of the District Attorney pursuant to Texas Family Code 264.408(d) in the case of a criminal investigation. In all other cases, the DVD is the property of the MDT Member who attends the interview. Interview aids might be used during the interview that may include: easel paper, markers, anatomically correct drawings, Smartboard, or any other items that would make the interview easier or more understandable for the child. All interview aids must be approved by the team members assigned to the case. • Interviews will be done using the semi - structured narrative process. • LE and /or DFPS will provide representatives for observation of interviews in order to preserve the integrity of the process. Prosecution will attend if possible. If there is a situation where either DFPS or LE needs to move forward with an interview and their counterpart in the other agency is unable to attend or send a representative, the interview may proceed. If no MDT member can attend the interview it will be rescheduled. Only members of the multi - disciplinary team, and other investigators as appropriate, are allowed to be in the monitoring room. Parents of the alleged victim, defense attorneys, and all others not essential to the investigative process may not be in the monitoring room. CASA volunteers and staff and Crisis Response Advocates will not be present in the observation room during an interview. • Child witnesses other than the victim, such as the siblings of the alleged victim, may be interviewed at the CACCC by appropriate investigators or the CACCC forensic interviewer. C. Following the Interview • A representative of the MDT can meet with the parent or guardian to discuss the interview findings and the process if necessary at the CACCC at the conclusion of the interview. The Forensic Interviewer will label any DVD made during the interview with the case name and number. Records will be distributed in accordance with the CACCC policies regarding Retention of Records. Release of records or other documents will follow the Texas Family Code restrictions and guidelines of applicable law. Any information gathered during the interview will be shared jointly with DFPS, LE, and prosecutors, in accordance with Texas Family Code Section 264.408. 11 • Law Enforcement and /or prosecution will request a forensic medical examination and /or conduct any follow -up investigation that is necessary, such as interview with other witnesses, the reporting party and the alleged offender, and will obtain relevant records. This information will be shared with the members of the MDT. • The Family Advocate of the CACCC will perform the initial follow up for each client who received a forensic interview at the CACCC. The Family Advocate will facilitate and assist in scheduling counseling, forensic examination or other appointments as needed. • For the following 3 months, the Family Advocate can follow up with clients on a weekly or monthly basis to assist with referrals and /or services needed, and counseling and /or household updates. Contact may be more frequent when necessary. • No contact will be made with the family if any MDT member feels that it would jeopardize the investigation. D. Exceptions to Interview Protocols No exceptions to the Protocol provisions as stated will be allowed unless all members of the MDT assigned to the case present at the CACCC ask that an exception be made for good cause. • The Executive Director of the CACCC will ensure that the Protocols are followed. It is the responsibility of the Executive Director to determine if an exception will be allowed on the premises of the CACCC. 12 IV. Case Review Meetings Case Review Meetings are ideally conducted in the conference room of the CACCC in New Braunfels, TX, and are attended by representatives of each partner agency who are involved with the respective cases set for case review, MDT members and invited guests. Case review will be held monthly and may be held more often, as needed. Emergency case review meetings can be requested by any MDT Member and the CACCC will facilitate the meeting. Meetings will be scheduled for the same day and time as decided by the MDT members, to optimize attendance at the meetings. Notification /reminders of the meetings will be sent by CACCC staff (Director of Programs) via email the week prior to the Case Review Meeting. The notification shall be made in an appropriate manner that will not jeopardize the prosecution of the cases involved and will include a list of all the cases to be reviewed. • Cases to be staffed include interviews conducted at the CACCC since the last MDT meeting, cases that are actively under investigation by LE or CPS, or other cases as determined by the MDT members. Additionally, post- review discussions will include grand jury outcomes and prosecution disposition of pending cases. • Cases will be facilitated by the Director of Programs of the CACCC unless otherwise arranged. If the Director of Programs is unable to facilitate the meeting, a Guest Facilitator will be used who is a member of the MDT and who will be appointed by the Executive Director or the CACCC Board President should the Executive Director be incapable or unavailable to choose a Guest Facilitator. • Any sexual abuse or serious physical abuse cases being investigated and /or prosecuted by members of the MDT and not involving an interview by the CACCC forensic interviewer may be referred by the investigating agency for MDT Staffing. Any MDT member can put a case on the MDT staffing list. • A request to add a case to the staffing should be made one (1) week before the MDT meeting in order to ensure all parties are notified. • Confidentiality - All MDT members are required to sign the CACCC Confidentiality Agreement. Those individuals participating in temporary capacity are also required to sign the Confidentiality Agreement before attending any MDT meeting. • If there is a perceived conflict of interest between an MDT member and an alleged victim, other arrangements for a case review will be made. • During Case Staffing Meetings, it is natural, expected and healthy for the team to have disagreements, issues or concerns about the disposition or handling of cases. These disagreements will be discussed at the Case Review Meetings while all parties will keep in mind the conflict resolution policy as discussed in Section 1. The philosophy and objective of the MDT in Comal County in the Interagency Agreement signed by all agencies is as follows: "to develop, achieve and maintain interagency and inter - professional cooperation and coordination in the case management and handling of 13 sexual and physical abuse cases." To properly maintain cooperation and coordination during times of disagreement, communication should be both honest and positive. All members of the MDT will commit to coming back to Case Review Meetings even after disagreement, issue or conflict, keeping in mind the overarching philosophy and objectives of the MDT. • If any member of the MDT feels that a situation has arisen in a case where there is the need to staff a case on an urgent basis due to a recantation or because there has been a substantial change or development in the case for any reason, the MDT member should call the CACCC immediately and a case staffing will be scheduled at the CACCC as soon as all MDT members assigned to the case can attend. • Intake Staff will take notes during the Case Review Meeting and will keep documentation on case information including case dispositions to add into the case tracking system. Any issues or concerns discussed during case reviews will be followed up upon by CACCC Staff Members and will be discussed at the subsequent case review meeting if needed. • The CACCC will provide the MDT regular surveys in order for them to provide feedback and suggestions regarding procedures /operations of the CAC /MDT. • The CACCC will make every effort to provide training and educational opportunities and skill based learning to all members of the MDT. All team members are welcome to request funding for those opportunities via an email to the Executive Director. 14 V. Follow Up Services Family Advocacy— CACCC Family Advocates provide on -site assistance to the families from the moment that they come into the CACCC for a forensic interview and to follow up with families to make certain that they are getting the services they need to begin to recover. They use a modified crisis intervention model during the later stages of a family's crisis that may include the following actions: o Provide verbal and written information about abuse. • Provide verbal and written referrals, including to on -site counseling. • Educate and inform the non - offending caretaker as to timelines and process that will generally apply in a case. • Provide CVC information and assistance in filling out necessary forms and refer to the DA's Office Victim Advocate for further assistance. o Attend MDT Case Review Meetings and share information as needed in the coordinated MDT response. • Coordinate with Crisis Center Advocates to create a unified and supportive system for families and children. • Provide accompaniment if requested by the child during on -site chronic SANE exams with guidance and support of SANE Nurse. • Perform follow up phone calls for at least 3 months following the interview until as long as is deemed helpful and necessary to support the non - offending caretaker and the child. • Forensic Medical Examinations -- A sexual assault medical forensic examination is performed by specially trained medical professionals for the purpose of evaluation and treatment of trauma, treatment of possible exposure to infection, referral to counseling and follow -up medical care, and for the collection of evidence following a report of sexual assault by a victim. The medical well -being of the patient is the primary objective of the SANE at all times during the examination The SARRT Team is a partner of the CACCC's Interagency Agreement. The SARRT Team and the Crisis Center of Comal County, Inc. administers the SANE Program. The CACCC will house chronic child sexual forensic examinations on the premises of 1168 Pride Street in New Braunfels. Cases involving adults or child cases with medical issues present will occur at Resolute Hospital in New Braunfels pursuant to the Cooperative Working Agreement of the SARRT Team. • Only nurses certified by the State of Texas as a SANE Nurse will be allowed to perform SANE Exams at the CACCC. • The Crisis Center Advocate will provide immediate crisis intervention services for acute cases. • Upon a determination by law enforcement that a chronic case should be referred for a forensic medical examination, the investigator will discuss with the Family Advocate the CACCC scheduling information for the examination. Law enforcement will evaluate a child's location for a medical examination using the following screening criteria. If law enforcement determines that a child has 15 a potential medical concern or issue, they will refer the case to Resolute Health Center immediately. Factors considered can be: ■ The amount of time elapsed since the last incident. If fewer than 120 hours have elapsed it is likely that potential medical issues could be present and law enforcement will likely refer the case to Resolute as an acute examination. • The immediate health and safety of the child for any reason. • The need for post- exposure prophylasix for sexually transmitted infections. • The child complains of pain or of any physical ailment or injury, including but not limited to anogenital bleeding. • The child is experiencing significant behavioral or emotional problems or needs evaluation for possible suicidal ideation /plan. o If law enforcement determines that there is not an immediate medical concern or issue, the case will be referred to the CACCC as a chronic case. • CACCC Staff will coordinate with the family and with law enforcement and will schedule a SANE Exam at the CACCC, or the Crisis Center Advocate will coordinate with the family and law enforcement and schedule a SANE Exam at Resolute upon availability for acute cases. • The Family Advocate will discuss the SANE Exam with the family and will refer the family to additional services as needed. • Unless the SANE Nurse determines that it is detrimental to the exam, the CACCC Family Advocate will accompany the child and the family to the SANE Exam at the CACCC and the Crisis Center Advocate will accompany the family during an exam that takes place as Resolute Hospital. • The CACCC Family Advocate will coordinate with the family and the SANE Nurse to make certain that the premises are safe, private, comfortable and sanitary. Every effort will be made to provide the family with a child - friendly environment. • In the event of a medical emergency, the SANE Nurse will provide immediate medical attention and contact 911 in order to transport the patient to hospital. • The CACCC is responsible for the facility maintenance. The SARRT Team is responsible for all equipment and supplies. • Although the SANE Program is administered by the SARRT Team and Crisis Center of Coma) County, all SANE Exams that occur on the premises of the CACCC will be at the discretion of the CACCC Board of Directors and CACCC Executive Director. • Employees, volunteers or any agents of the SANE Program or SARRT Team must agree to all procedures and standards in writing as required by the CACCC before performing SANE Exams at the CACCC and /or prior to participating in any manner in any SANE Exam or the process involved in providing the exam. • Currently, neither the SARRT Team or the CACCC provides any type of forensic medical examination beyond a sexual assault exam. o SANE Nurses will make every effort to attend Case Review Meetings and will share all test results, all history and any other relevant information with the team. 16 • Mental Health Treatment On Site Mental Health Services will be provided at the CACCC to all children 0 -17 who have had a forensic interview at the CACCC and to their non - offending caretakers. The CACCC implements evidence based practices considered to be most effective in the treatment of children who have experienced stressful events. A variety of approaches are found to be effective, however the CACCC primarily uses Trauma Focused Cognitive Behavioral Therapy (TF -CBT) and Play Therapy. Counselors providing services, either at the CACCC or as a referral will be certified by the state of Texas as eligible to provide counseling services. Counselors will have malpractice insurance. TF -CBT is a psychotherapy approach for children and adolescents who experienced significant emotional and behavioral difficulties related to traumatic life events. It is typically a conjoint process, including both the child and his or her non - offending guardian. Play Therapy utilizes play, children's natural medium of expression, to help them express their feelings more easily through toys instead of words. Many times children will learn to tell their personal narrative as a part of TF CBT. The forensic process is separate from mental health treatment in that treatment focuses on helping children find successful approaches to dealing with the symptoms of abuse while the forensic process is a neutral fact - finding process. • Each child /family that attends counseling at the CACCC will have both an electronic file and a counseling file. For cases that involve a custody agreement, a copy of the judicial order for custody must be provided by the non - offending caretaker to the Counselor and it will be kept in the client file. The Counselor must confirm with DFPS regarding placement custodians if the legal caretaker is not bringing the child in for counseling. • At the intake appointment with the adult non - offending caretaker, the following forms will be reviewed, filled out and explained to the family: • HIPAA Form • Informed Consent Form • Signature Page • Consent to Release Confidential Information Assessments: The Counselor will perform assessments as needed and recommended by the CAC of Texas. The Counselor will refer clients as appropriate for medical or psychiatric attention if needed. The Counselor will share information with the MDT during case review meetings and as needed to ensure that the team is informed about any important or relevant information going on in the child's therapy while protecting the confidentiality of the child. Families sign a written consent form acknowledging the information that will be shared with the MDT. 17 List of Licensed Mental Health Professional Provided- In the case that the family might prefer to get counseling services somewhere other than at the CACCC, the CACCC staff will provide a list of licensed mental health professional with specific training in the field of sexual abuse and experience in treatment of child abuse to child(ren) and /or non - offending parents or guardian(s) who may be in need of mental health care service or who are requesting mental health services. • Court accompaniment is usually provided to the family by the District Attorney's Office, but Counselors are available if needed to attend court with families. 18 VI. Records and Confidentiality The CACCC will adhere to Section 264.408 (Use of Information and Records: Confidentiality and Ownership) in the Texas Family Code (TFC) as stated below. The files, reports, records, communications, and working papers used or developed in providing services under this chapter are confidential and not subject to public release under Chapter 552, Government Code, and may only be disclosed for purposes consistent with this chapter. Disclosure may be made to: o Texas Department of Family and Protective Services, department employees, law enforcement agencies, prosecuting attorneys, medical professionals, therapists, and other state agencies that provide services to children and families; and • The attorney for the child who is the subject of the records and a court - appointed volunteer advocate appointed for the child under Section 107.031 of the Family Code. • Information related to the investigation of a report of abuse or neglect under Chapter 261 of the TFC and services provided as a result of the investigation is confidential as provided by Section 261.201 of the TFC. • DFPS, LE and or the DA's office may share with the CACCC information under Section 261.201 of the TFC as needed to provide services under that chapter. Confidential information provided to the CACCC remains the property of the agency that shared or provided the information to the CACCC. ■ The CACCC will not release any identifying information on any child abuse case to the public. The interview of a child at the CACCC will be recorded on DVD. A video recording of an interview of a child that is made at a center is the property of the prosecuting attorney involved in the criminal prosecution of the case involving the child. If no criminal prosecution occurs, the video recording is the property of the attorney involved in representing the department in a civil action alleging child abuse or neglect. If the matter involving the child is not prosecuted, the video recording is the property of the department if the matter is an investigation by the department of abuse or neglect. If the department is not investigating or has not investigated the matter, the video recording is the property of the agency that referred the matter to the center. A video recording of an interview may be shared with other agencies under a written agreement. Any papers or electronic documents created during an interview will be given with the recording to the appropriate agency as listed above. Client identifying information stored on recorded information systems shall be protected from unauthorized access, including the use of passwords. ■ Care will be taken in the display of client related data not to reveal any client identification information. Displayed artwork shall not contain a client's last name. Any posted working list of clients shall not contain a client's last name. IM ■ Client files containing confidential information will be stored in a locked cabinet, and shall not be left on desk top or in other accessible locations. ■ Client information shall not be disclosed to any attorney not a part of the multidisciplinary team as provided for under Section 261.201 of the TFC. Any information shared with an attorney in relation to any case shall only be disclosed pursuant to a legally served subpoena as provided for in the Texas Rules of Civil Procedure Rule 176. ■ Each of the various partner agencies will maintain records in accordance with their own agency's record retention policies. ■ Records of the CACCC will be retained as per TFC Section 264.408. ■ All client files are the property of CACCC. At a minimum, a Referral Form, Releases of Information, Preliminary Intake, and Client Intake are maintained in each file. Any partner agency may have access to the client file and the information contained therein. Records will be destroyed (by shredding) only upon order of the court or in accordance with statute. ■ Electronic Client's File -The same information that is maintained in a hard copy of the clients file is maintained electronically with approved safeguards. If /when the file is to be destroyed, the information maintained electronically will be deleted as well. ■ Medical Records - Medical Records maintained by SARRT in reference to chronic forensic medical examinations will be kept in a locked filing cabinet behind two locked SANE Department doors. ■ Mental Health Records -All mental health records are maintained in locked filing cabinets behind locked counselor's office doors. ■ Client files will be stored until the client's 18th birthday or as otherwise stipulated by other funding entities or legal resolution of the case including appeals. Agenda No. 7 011111 401"LlumIWU 10I01 [o1 AILN1 Rod 1 City Council Meeting: August 28, 2018 Department: Police Subject: Resolution 18 -R -113 - Consideration and approval by the City Council of the City of Schertz, Texas of an inter -local agreement between the City of Schertz and the Guadalupe County Attorney in reference to the disposition of seized property and contraband. BACKGROUND Disposition of seized property is regulated by State law, specifically Chapter 59 of the Texas Code of Criminal Procedure. The attorney representing the State (County Attorney) is authorized by this code to enter into an agreement with a law enforcement agency to determine how such property and /or proceeds from such property will be disposed. There must bean agreement for the law enforcement agency to receive any property or proceeds. This agreement provides the manner and means that any said seized property and/or contraband and proceeds therefrom will be disposed. This is a renewal. Goal To enter into an interlocal agreement that will regulate and allow for the disposition of seized property and /or contraband and any proceeds therefrom. Community Benefit Property and /or contraband and any proceeds therefrom may be utilized in certain strictly regulated situations to purchase law enforcement related equipment and training. This equipment and training is then achieved without the use of general fund revenues. Summary of Recommended Action Staff recommends approval of the attached Resolution authorizing the Acting City Manager to designate the Chief of :Police to enter into this agreement with the Guadalupe County Attorney's Office. FISCAL IMPACT There is no fiscal impact associated with this agreement. Resolution No. 18 -R -113 Interlocal Agreement between. Schertz and Guadalupe County Attorney's Office. RESOLUTION NO. 18 -R -I13 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE GUADALUPE COUNTY ATTORNEY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the 71St Legislature enacted Chapter 59 of the Texas Code of Criminal Procedure for the purpose of regulating the disposition of property seized by law enforcement officers and forfeited contraband; and WHERAS, the Schertz Police Department and the Prosecuting Attorney for Guadalupe County desire to enter into an INTERLOCAL AGREEMENT regarding the disposition of said forfeited contraband and/or the proceeds therefrom; and WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter an interlocal agreement with the Guadalupe County Attorney; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an interlocal agreement with the Guadalupe County Attorney; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Acting City Manager to designate the Chief of Police to enter into the interlocal agreement attached 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 28th day of August, 2018. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - David Willborn Guadalupe County Attorney July 1, 2018 Michael R. Hansen, Chief of Police Schertz Police Department 1400 Schertz Parkway Schertz, Texas 78154 Dear Chief Hansen: This letter is intended to be the agreement letter required under Article 59.01, Code of Criminal Procedures, or the forfeiture law which became effective on October 18, 1989. Under Article 59.06 of the Act, all forfeited property is to be administered by the attorney representing the State, acting as the agent for the State. Our agreement is as follows: 1. As to money, stocks, bonds, and other cash equivalents: These will be converted to cash and held in an interest bearing account in trust by the Guadalupe County Attorney's Office. The County Attorney's Office will receive thirty percent (30 %) of any proceeds and the seizing law enforcement agency or agencies shall receive seventy percent (70 %) of it. All expenses, including court costs, payment to any confidential informant; private process server; or newspaper publication, shall come out of the portion set aside to the seizing agency or agencies. 211 W. Court Street, Seguin, Texas 78155 -5779 Phone: 830 - 303 -6130 Fax: 830 -379 -9491 Chief Michael R. Hansen July 1, 2018 Page 2 2. As to vehicles and other property: Upon proper request to the Guadalupe County Attorneys' Office, the County Attorney's Office may, if approved, transfer ownership of an automobile or other property under Article 59.06(b) of the Criminal Procedure. If the property is sold, the Guadalupe County Attorney's Office shall receive thirty percent (30 %) and the seizing agency or agencies shall receive seventy percent (70 %). All expenses, including court costs, payment to any confidential informant; private process server; or newspaper publication, shall come out of portion set aside to the seizing agency or agencies. After forfeiture, the money shall be dispersed to the seizing agency to the extent of their interest. The seizing agency will be responsible to see that all bidding laws are complied with regarding any property purchased and that proper accounting procedures are followed regarding any money or property after distribution to the agency. The Guadalupe County Attorney's Office will be responsible for seeing the Annual Audit is performed and that all proper accounting procedures are followed while the money is in the possession of the Guadalupe County Attorney's Office. This agreement shall remain in effect unless modified in writing and agreed upon by all parties. A signature of the authorized office below udicates approval of this loc l -a t. F David Willborn Guadalupe County Attorney Approved and Agreed: Michael R. Hansen, Chief of Police Schertz Police Department Agenda No. 8 011111 401"LlumIWU 10I01 [o1 AILN1 Rod 1 City Council Meeting: August 28, 2018 Department: Police Subject: Resolution 18 -R -115 - Consideration and approval by the City Council of the City of Schertz, Texas of an inter -local agreement between the City of Schertz and the Texas Department of Public Safety; Disposition Services, Law Enforcement Support Office for the acquisition of surplus property. BACKGROUND The US Secretary of Defense is authorized by Federal law to transfer specific excess personal property items to law enforcement agencies for official use. The Governor of the State of Texas has designated the Texas Department of Public Safety; Disposition Services, Law Enforcement Support Office as the administrator of this program. The program is known as the 1033 Program or the LESO Program. The Schertz Police Department has been involved in this program since 2015 and has been the recipient of various items to include an armored personnel carrier; MRAP. This is the annual renewal of the agreement. Goal To renewal the Fiscal Year 201.8 -2019 agreement to participate in the 1033 Program. Community Benefit Through this program, the Police Department has been able to obtain excess personnel property that would have been cost prohibitive if it had to rely on general funds. The program will provide the excess personnel property often at no cost. Summary of Recommended Action Staff recommends approval of the attached Resolution authorizing the Mayor and Chief of Police to enter into this renewal with the Texas Department of Public Safety; Disposition Services, Law Enforcement Supply Office. FISCAL IMPACT There is no additional fiscal impact associated with this agreement. ATTACHMENT Resolution No. 1.8 -R -1.1.5 State Plan of Operation between the State of Texas and the Schertz Police Department. RESOLUTION NO. 18 -R -I15 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING INTERLOCAL AGREEMENTS WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE ACQUISITION OF SURPLUS PROPERTY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the US Secretary of Defense is authorized by 10 USC § 2576a to transfer to State Law Enforcement Agencies; personal property that is excess to the needs of the Department of Defense; and WHEREAS, the Governor of the State of Texas has authorized the Texas Department of Public Safety; Disposition Services, Law Enforcement Support Office as the administrator for such excess and surplus property; and WHERAS, the Schertz Police Department has been a part of this program since its inception in 2015 and has received excess personal property for the use of the department in its official capacity to provide police services to the citizens of Schertz; and WHEREAS, the Schertz Police Department requests to continue in this agreement; and WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City renew the agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into agreements with the Texas Department of Public Safety; Disposition Services, Law Enforcement Support Office for the acquisition of surplus property; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS . Section 1. The City Council hereby authorizes the Mayor and Chief Of Police to enter into the renewal attached 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 28th day of August, 2018. . CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - STATE PLAN OF OPERATIONS BETWEEN THE STATE OF FM ME I_ 01aY:I The City of Schertz, Texas I. PURPOSE This State Plan of Operation (SPO) is entered into between the State of Texas and the (LEA name) Schertz Police Department , to set forth the terms and conditions which will be binding on the parties with respect to excess Department of Defense (DOD) personal property transferred pursuant to 10 USC § 2576a in order to promote the efficient and expeditious transfer of property and to ensure accountability of the same. II. AUTHORITY The Secretary of Defense is authorized by 10 USC § 2576a to transfer to State Law Enforcement Agencies, personal property that is excess to the needs of the DOD and that the Secretary determines is suitable to be used by such agencies in law enforcement activities, with preferences for counter -drug / counter - terrorism or border security activities, under such terms prescribed by the Secretary. The authorities granted to the Secretary of Defense have been delegated to the Defense Logistics Agency (DLA) in determining whether property is suitable for use by agencies in Law Enforcement Activities (LEAs). DLA defines law enforcement activities as activities performed by governmental agencies whose primary function is the enforcement of applicable Federal, State, and local laws and whose compensated law enforcement officers have powers of arrest and apprehension. This program is also known as the "1033 Program" or the "LESO Program" and is administered by DLA Disposition Services, Law Enforcement Support Office (LESO). III. GENERAL TERMS AND CONDITIONS A. OPERATIONAL AUTHORITY The Governor of the State of Texas has designated in writing with an effective date of August 26, 2015 to implement this program statewide as well as conduct management and oversight of this program. Funding / Budgeting to administer this program are provided by the Texas Department of Public Safety. The provided funding is used to support assistance to the LEAs with customer service to include Version June, 2018 computer / telephone assistance and physical visits to the LEAs to assist with acquiring access to the LESO Program. The staffing to provide the support to the LEAs within the State of Texas is as follows: State Coordinator (SC): Mike Lesko State Point of Contact (SPOC): Rolando Avala State Point of Contact (SPOC): Laurie Patterson State Point of Contact (SPOC): John Riddick The following is the facility / physical location and business hours to provide customer service to those LEAs currently enrolled, as well as interested participants of the LESO Program: Agency Address / Location: 5805 N Lamar Blvd Austin, Texas 78752 EMAIL / Contact Phone Numbers: TxLESOProgram(@dps.texas.gov 512- 424 -7590 Hours of Operation: 7AM — 5PM B. The DLA LESO has final authority to determine the type, quantity, and location of excess DOD ppersonal roperty suitable for law enforcement activities, if any, which will be transferred to the (LEf1 name C. This agreement creates no entitlement to the LEA to receive excess DOD personal property. D. The (LEA name) Schertz Police Department understands that property made available under this agreement is for the use of authorized program participants only. Property may not be obtained for any individual, organization, or agency that has not been approved as a participant in the LESO Program. All requests for property must be based on bona fide law enforcement requirements. Property will not be obtained by any authorized participant for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan. E. Controlled property (equipment) includes any property that has a demilitarization (DEMIL) Code of B, C, D, F, G, and Q3. DLA LESO mandates that the following items be treated as controlled property: 1) Manned Aircraft, fixed or rotary wing 2) Unmanned Aerial Vehicles 3) Wheeled Armored Vehicles 4) Specialized Firearms and Ammunition Under .50 Cal (excluded firearms and ammunition for service - issued weapons) 5) Explosives and Pyrotechnics Version June, 2018 F. LEAs that request items in Paragraph E above must provide all required information outlined on the LESO request form. Among other specific requirements identified in these documents, LEAs will be required to certify and submit a detailed written justification with a clear and persuasive explanation of the need for the property and the law enforcement purposes it will serve. G. The (LEA name) Schertz Police Department must maintain and enforce regulations designed to impose adequate security measures for controlled property to mitigate the risk of loss or theft. H. Under no circumstances will controlled property be sold or otherwise transferred to non -U.S. persons, or exported. All transfers must be approved by the State and DLA Disposition Services LESO. I. Cannibalization requests for controlled property must be submitted in writing to the State, with final approval by the LESO. The LESO will consider cannibalization requests on a case -by- case basis. J. The LESO conditionally transfers all excess DOD property to States / LEAs enrolled in the LESO Program. Title or ownership of controlled property will remain with the LESO in perpetuity and will not be relinquished to the LEAs. When the LEA no longer has legitimate law enforcement uses for controlled property, thd.LEA must notify the State, who will then notify the LESO, and the controlled property must either be transferred to another enrolled LEA (via standard transfer process) or returned to DLA Disposition Services for disposal. The LESO reserves the right to recall controlled and non - controlled property issued through the LESO Program at any time. K. Property with a DEMIL Code of "A" and "Q6" is also conditionally transferred to the LEA. However, after one year from the Ship Date, the LESO will relinquish ownership and applicable title to the LEA. Prior to this date, the State and LEA remains responsible for the accountability and physical control of the item(s) and the LESO retains the right to recall the property. Applicable title and /or ownership will not be relinquished to any property with DEMIL Code of "Q6" that is controlled property identified in Paragraph III E. Version June, 2018 1) Property with DEMIL Code of "A" and "Q6" will automatically be placed in an archived status on the LEAs property book upon meeting the one year mark. 2) Once archived, the property is no longer subject to annual inventory requirements and will not be inventoried during a LESO Program Compliance Review (PCR). 3) Ownership and/or applicable title of DEMIL "A" and/or "Q6" items that have been archived will pass automatically from the LESO to the LEA when they are archived at the one year mark (from Ship Date) without issuance of any further documentation. 4) LEAs receive ownership and/or applicable title of DEMIL "A" and /or "Q6" items as governmental entities. Title and ownership of DEMIL "A" property does not pass from DOD to any private individual or LEA official in their private capacity. Accordingly, such property should be maintained and ultimately disposed of in accordance with provisions in State and local law that govern public property. Sales or gifting of DEMIL "A" and/or "Q6" property after the one year mark in a manner inconsistent with State or local law may constitute grounds to deny future participation in the LESO Program. L. The LEAs are not authorized to transfer controlled property or DEMIL Code "A" or "Q6" property assigned to their inventory without LESO notification and approval. Property will not physically move until the State and LESO approval process is complete. IV. ENROLLMENT A. An LEA must have at least one full -time compensated law enforcement officer in order to enroll and/or receive property via the LESO Program. Only full -time and part-time law enforcement officers are authorized to receive property. Reserve officers are not authorized to receive property. 1) The LEA shall submit an updated Application Packet to the State Coordinator's office no later than September 1 each year and/or any time there is a change in personnel or LEA contact information. Failure to do so may result in suspension and/or termination from the program. 2) Once approved for participation in the program, at least one of the LEA's authorized screeners must attend a mandatory training class prior to any requests for property being approved. The class will be conducted free of charge to the LEA and will be held at a location determined by the State Coordinator's office. 3) LEA transfer of responsibility — program property assigned to the LEA. A change in the Chief Law Enforcement Official (CLEO), due to any reason, will not relinquish responsibility from the LEA for properly maintaining existing program property in the LEA's possession. If the new CLEO does not wish to be responsible for existing property, they shall notify the State Coordinator's office in writing that they wish to return the equipment to the nearest Disposition Site or transfer it to a qualifying LEA. The new CLEO remains responsible for existing property until the property is officially transferred or returned. Version June 2018 B. The State shall: 1) Implement LESO Program eligibility criteria in accordance with 10 USC § 2576a, DLA Instructions and Manuals, and the DLA MOA the State signs. 2) Receive and process applications for participation from LEAs currently enrolled and those LEAs that wish to participate in the LESO Program. 3) Receive and recommend approval or disapprove LEA applications for participation in the LESO Program. The State Coordinators have sole discretion to disapprove LEA applications on behalf of the Governor of their State. The LESO should be notified of any applications disapproved at the State Coordinator level. The State Coordinator will only forward and recommend certified LEAs to the LESO that are government agencies whose primary function is the enforcement of applicable Federal, State, and local laws and whose compensated officers have the powers of arrest and apprehension. The LESO retains final approval / disapproval authority for all LEA applications forwarded by State Coordinators, 4) Ensure LEAs enrolled in the LESO Program update the LEAs account information annually (accomplished during the FY Annual Inventory in the Federal Excess Property Management Information System [FEPMIS]). 5) Provide a comprehensive overview of the LESO Program to all LEAs once they are approved for enrollment. This comprehensive overview must be done within thirty (30) days and include, verbatim, the information contained in Paragraph III E of this SPO. 6) Ensure that screeners of property are employees of the LEA. Contractors may not conduct screening on behalf of the LEA. 7) Ensure that at least one person per LEA maintains access to the FEPMIS. Account holders must be employees of the LEA. V. ANNUAL INVENTORY REQUIREMENTS A. Per the DLA Instructions and Manuals and the DLA MOA, each State and participating LEA within is required to conduct an annual inventory certification of controlled property, which includes DEMIL "A" and "Q6" for one (1) year from Ship Date. Annual inventories start on October 1 of each year and end November 15 of each year. B. The State shall: 1) Receive, validate, and reconcile incoming certified inventories from the LEAs. 2) Ensure LEAs provide serial numbers and photos identified during the annual inventory process for inclusion in the LESO property accounting system for all controlled property identified in Paragraph III E, small arms and other unique Version June, 2018 items as required. 3) Suspend the LEA as a result of the LEAs failure to properly conduct and/or certify and submit certified inventories, according to the aforementioned requirements. C. The LEA shall: 1) Complete the annual physical inventory as required. 2) Provide serial numbers and photos identified in the annual inventory process for inclusion in the LESO property accounting system for all controlled property identified in Paragraph III E, small arms and other unique items, as required. 3) Certify the accountability of all controlled property received through the LESO Program annually by conducting and certifying the physical inventory. The LEA must adhere to additional annual certification requirements as identified by the LESO. a. The State requires each LEA to submit certified inventories for their Agency by November 15 of each year. The Fiscal Year (FY) is defined as October 1 through September 30 of each year. This gives the LEA nearly two (2) months to physically inventory LESO Program property in their possession and submit their certified inventories to the State Coordinators. (1) The LESO requires a front or side and data plate photo for Aircraft and Tactical Vehicles that are serial number controlled, received through the LESO Program. (2) The LESO requires serial number photos for each small arm received through the LESO Program. b. The LEAs failure to submit the certified annual inventory by November 15 may result in the agency being suspended from operations within the LESO Program. Further failure to submit the certified annual inventory may result in a LEA termination. 4) Be aware that High Profile Commodities (Aircraft, Tactical Vehicles and Small Arms) and High Awareness (controlled) property are subject to additional controls. VI. PROGRAM COMPLIANCE REVIEWS A. The LESO conducts a Program Compliance Review (PCR) for each State that is enrolled in the LESO Program every two (2) years. The LESO reserves the right to require an annual PCR, or similar inspection on a more frequent basis for any State. The LESO PCRs are performed in order to ensure that State Coordinators, SPOCs and all LEAs within a State are compliant with the terms and conditions of the LESO Program as required by 10 USC § 2576a, DLA Instructions and Version .June, 2018 Manuals, and the DLA MOA signed by the State. 1) If a State and/or LEA fails a PCR, the LESO will immediately suspend their operations and will subsequently issue corrective actions (with suspense dates) to the State Coordinator, which will identify what is needed to rectify the identified deficiencies within the State and/or LEA. 2) If a State and/or LEA fails to correct identified deficiencies by the given suspense dates, the LESO will move to terminate the LESO Program operations within the State and/or LEA. B. The State shall: 1) Support the LESO PCR process by: a. Contacting LEAs selected for the PCR review via phone and/or email to ensure they are aware of the PCR schedule and prepared for review. b. Receiving inventory selection from the LESO. The LEA POCs shall gather the selected items in a centralized location to ensure that the LESO can efficiently inventory the items. c. Providing additional assistance to the LESO as required, prior to and during the course of the PCR. 2) Conduct internal Program Compliance Reviews of LEAs participating in the LESO Program in order to ensure accountability, program compliance and validate annual inventory submissions are accurate. The State Coordinator must ensure an internal PCR of at least 5% of LEAs that have a property book from the LESO Program within his / her State is completed annually. This may result in a random review of all or selected property at the LEA. a. The internal PCR will include, at minimum: (1) A review of each selected LEAs LES0 Program files. (2) A review of the signed State Plan of Operation (SPO). (3) A review of the LEA application and screener's letter. (4) A physical inventory of the LESO Program property at each selected LEA. (5) A specific review of each selected LEAs files for the following: DD Form 1348 -1A for each item currently on inventory, small arms documentation, transfer documents, turn -in documents, inventory adjustment documents, exception to policy letters (if any), approved cannibalization requests (if any), and other pertinent documentation as Version June, 2018 required. b. The State and/or LEA will bear all expenses related to the repossession and/or tum -in of LESO Program property to the nearest DLA Disposition Services site. VII. STATE PLAN OF OPERATION (SPO) A. The State shall: I) Identify, establish, and issue minimum criteria to be included in the SPO for the State and each participating LEA. 2) Establish a State Plan of Operation, developed in accordance with Federal and State law, and conforming (at minimum) to the provisions of the DLA Instruction and Manuals and the DLA MOA. a. The SPO will include detailed organizational and operational authority including: staffing, budget, facilities, and equipment that the State believes is sufficient to manage the LESO Program within their State. The SPO must address procedures for making determinations of LEA eligibility, allocation, and equitable distribution of material, accountability and responsibility concerning excess DOD personal property, inventory requirements, training and education, State -level internal Program Compliance Reviews (PCR), and procedures for turn-in, transfer, and disposal. 2) Enter into written agreement with each LEA, via the LESO approved State Plan of Operation, to ensure the LEA fully acknowledges the terms, conditions, and limitations applicable to property transferred pursuant to this agreement. The State Plan of Operation must be signed by the Chief Law Enforcement Official (CLEO), or assigned designee of the respective LEA, the local Civilian Governing Body Official and the current State Coordinator. 3) Request that the LESO Suspend or Terminate an LEA(s) from the LESO Program when an LEA fails to comply with any term of DLA MOA, the DLA Instruction and Manuals, any Federal statute or regulation, or the State Plan of Operation. VIII. REPORTING REQUIREMENTS FOR LOST, MISSING, STOLEN, DAMAGED OR DESTROYED LESO PROGRAM PROPERTY A. All property Lost, Missing, Stolen, (LMS) damaged, or destroyed carried on a LEA's current inventory must be reported to the LESO. 1) Controlled property must be reported to the State and the LESO within twenty -four (24) hours. The aforementioned property may require a police and National Crime Information Center (NCIC) report submitted to the LESO. Version Jiaze, 2018 2) Property with a DEMIL Code of "A" and "Q6 "must be reported to the State and the LESO within seven (7) days. 3) All reports are subject to review by the DLA Office of the Inspector General (OIG). B. LESO may grant extensions to the reporting requirements listed above on a case -by -case basis. IX. AIRCRAFT AND SMALL ARMS A. All aircraft are considered controlled property, regardless of DEMIL Code. Aircraft may not be sold and must be returned to the LESO at the end of their useful life. This State Plan of Operation ensures that all LEAs and all subsequent users are aware of and agree to provide all required controls and documentation in accordance with applicable laws and regulations for these items. B. LEAs no longer requiring small arms issued through the LESO Program must request authorization to transfer or tum -in small arms. Transfers and turn-ins must be forwarded and endorsed by the State Coordinator's office first, and then approved by the LESO. Small Arms will not physically transfer until the approval process is complete. C. Small Arms that are issued must have a documented chain of custody, with the chain of custody including a signature of the receiving officer indicating that he / she has received the appropriate small arm(s) with the correct, specific serial number(s). Small Arms that are issued to an officer will be issued utilizing an Equipment Custody Receipt (ECR); this Custody Receipt obtains the signature of the officer responsible for the small arm. X. RECORDS MANAGEMENT The LESO, State Coordinator, and LEAs enrolled in the LESO Program must maintain all records in accordance with the DLA Records Schedule. Records for property acquired through the LESO Program have retention controls based on the property's DEMIL Code. All documents concerning a property record must be retained. 1) Property records for items with DEMIL Code of "A" and "Q6" must be retained for two (2) calendar years from the date the property is removed from the LEA's property book before being destroyed. 2) Property records for controlled property must be retained for five (5) calendar years from the date the property is removed from the LEA's property book before being destroyed. 3) Environmental Property records must be retained for fifty (50) years, regardless of DEMIL Code (Chemicals, Batteries, Hazardous Material / Hazardous Waste). 4) LESO Program files must be segregated from all other records. Version June, 2018 5) All property records must be filed, retained, and destroyed in accordance with DLA Records Schedule. These records include, but are not limited to, the following: DD Form 1348 -1A, requests for transfer, turn -in, or disposal, approved Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) Forms 10 and 5, Certificate of Aircraft Registration (AC Form 8050 -3), Aircraft Registration Application (AC 8050 -1) and any other pertinent documentation and/or records associated with the LESO Program. XI. LESO PROGRAM ANNUAL TRAINING A. 10 USC § 380 provides that the Secretary of Defense, in cooperation with the U.S. Attorney General, shall conduct an annual briefing of law enforcement personnel of each state. The briefing will include information on training, technical support, equipment, and facilities that are available to civilian law enforcement personnel from the Department of Defense. B. The State shall organize and conduct training pertaining to information, equipment, technical support and training available to LEAs via the LESO Program. C. The State shall ensure at least one representative (i.e. the State Coordinator or SPOC) attend the annual training that the LESO conducts. XII. PROPERTY ALLOCATION A. The State Shall: 1) Provide the LEA with a website that will afford timely and accurate guidance, information, and links for all LEAs who work, or have an interest in, the LESO Program. 2) Upon receipt of a valid State / LEA request for property through the DLA Disposition Services RTD website, a preference will be given to those applications indicating that the transferred property will be used in the counter -drug, counter- terrorism, or border security activities of the recipient agency. Additionally, to the greatest extent possible, the State will ensure fair and equitable distribution of property based on current LEAs inventory and justification for property. 3) The State and the LESO reserve the right to determine and/or adjust allocation limits. Generally, no more than one of any item per officer will be allocated to an LEA. Quantity exceptions may be granted on a case -by -case basis by the LESO. Currently, the following quantity limits apply: a. Small Arms: one (1) type for each qualified officer, frill -time / part-time; b. HMMWVs: one (1) vehicle for every three (3) officers; c. MRAPs: one (1) vehicle per LEA. 4) The State and the LESO reserve final authority on determining the approval and/or disapproval for requests of specific types and quantities of excess DOD property. 10 Version June, 2018 B. The LEA shall: 1) Ensure an appropriate justification is submitted when requesting excess DOD property via the LESO Program and will ensure LESO Program property will be used for the law enforcement activity and for law enforcement purposes only within his / her State and agency. 2) Whenrequesting property, provide a justification to the State and the LESO on how the requests for property will be used in counter -drug, counter - terrorism, or border security activities of the recipient agency. Additionally, the LEA should be fair and equitable when making requisitions based on current LEA inventory and the justification for property. Generally, no more than one of any item per officer will be allocated. 3) Ensure screeners of property are employees of the LEA. Contractors may not conduct screening on behalf of the LEA. 4) Obtain access to FEPMIS to ensure the property book is properly maintained, to include but not limited to transfers, turn-ins, and disposal requests and to generate these requests at the LEA level and forward all approvals to the State for action. 5) Ensure at least one person per LEA maintains access to FEPMIS. FEPMIS account holders must be employees of the LEA. XIII. PROGRAM SUSPENSION & TERMINATION A. The State and LEA are required to abide by the terms and conditions of the DLA MOA in order to maintain active status. B. The State shall: 1) Suspend LEAs for a minimum of sixty (60) days in all situations relating to the suspected or actual abuse of LESO Program property or requirements and/or repeated failure to meet the terms and conditions of the DLA MOA. Suspension may lead to TERMINATION. 2) The State and/or the LESO have final discretion on reinstatement requests. Reinstatement to full participation from a suspension and/or termination is not automatic. 3) Incoordination with the LESO, issue corrective action guidance to the LEA with suspense dates to rectify issues and/or discrepancies that caused suspension and/or termination. 4) Require the LEA to submit results regarding all completed police investigations and/or reports regarding lost, missing, stolen and/or damaged LESO Program property, to include the LEAs Corrective Action Plan (CAP). 11 Version June, 2018 5) Suspend or terminate an LEA from the LESO Program if an LEA fails to comply with any term of the DLA MOA, the DLA Instruction and Manuals, any Federal statute or regulation, or the State Plan of Operation. a. In the event of an LEA termination, the State Coordinator will make every attempt to transfer the LESO Program property of the terminated LEA to an authorized State or LEA, as applicable, prior to requesting a tum -in of the property to the nearest DLA Disposition Services location. b. In cases relating to an LEA termination, the LEA will have ninety (90) days to complete the transfer or turn-in of all LESO Program property in their possession. C. The LEA shall: 1) Notify the State Coordinator's office and initiate an investigation into any questionable activity or actions involving LESO property issued to the LEA that comes to the attention of the CLEO, and is otherwise within the authority of the Governor / State to investigate. LEAs must understand that the State Coordinators, acting on behalf of their Governor, may revoke or terminate their concurrence for LEA participation in the LESO Program at any time, and for any reason. 2) Understand that the State may suspend LEA(s) and/or LEA POC(s) from within their State, based upon their findings during internal Program Compliance Reviews and/or spot checks at the State level. 3) Initiate corrective action to rectify suspensions and/or terminations placed upon the LEA for failure to meet the terms and conditions of the LESO Program. 4) Be required to complete and submit results regarding all completed police investigations and/or reports regarding lost, missing, stolen and/or damaged LESO Program property. The LEA must submit all documentation to the State and the LESO upon receipt. 5) Provide documentation to the State and the LESO when actionable items are rectified for the State and/or LEA(s). 6) The LEAs Chief Law Enforcement Official must request reinstatement as required, via the State Coordinator or SPOC(s), to full participation status at the conclusion of a suspension period. XIV. COSTS & FEES 1) All costs associated with the transportation, tum -in, transfer, repair, maintenance, insurance, disposal, repossession or other expenses related to property obtained through the LESO Program is the sole responsibility of the LEA. In the event an agency is dissolved or disbanded and no civilian governing body exists, the costs 12 Version June, 2018 associated with the transportation and turn-in of all property in the possession of the dissolved or disbanded LEA then becomes responsibility of the State. XV. NOTICES Any notices, communications, or correspondence related to this agreement shall be provided by E- mail, the United States Postal Service, express service, or facsimile to the State Coordinators office or cognizant DLA office. The LESO may, from time to time, make unilateral modifications or amendments to the provisions of this SPO. Notice of these changes will be provided to State Coordinators in writing. Unless State Coordinators take immediate action to terminate this SPO in accordance with Section XVIII, such modifications or amendments will become binding. In such cases, reasonable opportunity will, insofar as practicable, be afforded the State Coordinator to conform changes affecting their operations. XVI. ANTI - DISCRIMINATION A. By signing this SPO, or accepting excess DOD personal property under this SPO, the State pledges that it and each LEA agrees to comply with applicable provisions of the following national policies prohibiting discrimination: 1) On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) as implemented by DOD regulations 32 CR Part 195. 2) On the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101, et seq) as implemented by Department of Health and Human Services regulations in 45 CFR Part 90. 3) On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973, P.L. 93- 112, as amended by the Rehabilitation Act Amendments of 1974, P.L. 93 -516 (29 USC 794), as implemented by Department of Justice regulations in 28 CFR Part 41 and DOD regulations at 32 CFR Part 56. B. These elements are considered the minimum essential ingredients for establishment of a satisfactory business agreement between the State and the DOD. XVII. INDEMNIFICATION CLAUSE The LEA is required to maintain adequate insurance to cover damages or injuries to persons or property relating to the use of property issued under the LESO program. Self- insurance by the LEA is considered acceptable. The U.S. Government and the Texas Department of Public Safety assumes no liability for damages or injuries to any person(s) or property arising from the use of property issued under the LESO program. It is recognized that State and local law generally limit or preclude State Coordinators / LEAs from agreeing to open -ended indemnity provisions. However, to the extent permitted by State and local laws, the LEA shall indemnify and hold the U.S. Government and the Texas Department of Public Safety harmless from any and all actions, claims, debts, demands, judgments, liabilities, cost, and attorney's fees arising out of claimed on account of, or in any manner predicated upon loss of, or damage to property and injuries, illness or disabilities to, or death of any and all persons whatsoever, including members of the general 13 Version June, 2018 public, or to the property of any legal or political entity including states, local and interstate bodies, in any manner caused by or contributed to by the LEA, its agents, servants, employees, or any person subject to its control while the property is in the possession of used by, or subject to the control of the LEA, its agents, servants, or employees after the property has been removed from U.S. Government control. XVIII. TERMINATION A. This SPO may be terminated by either party, provided the other party receives thirty (30) days' notice, in writing, or as otherwise stipulated by Public Law. B. The undersigned State Coordinator, Chief Law Enforcement Official and Civilian Governing Body Official hereby agree to comply with all provisions set forth herein and acknowledge that any violation of the terms and conditions of this SPO may be grounds for immediate termination and possible legal consequences, to include pursuit of criminal prosecution if so warranted. XIX. IN WITNESS THEREOF, the parties hereto have executed this agreement as of the last date written below. Michael Hansen Type / Print Chief Law Enforcement Official Name (Chief, Sheriff, Constable etc) Chief Law Enforcement Official Signature Date (MM /DD /YYYY) Michael R. Carpenter Type/Prim Civilian Governing Body Authorized Official (Mayor, City Manager, County Judge etc) CGB Authorized Official Signature Mike Lesko Type / Print State Coordinator Name State Coordinator Signature 14 Date (MM /DD /YYYY) Date (MM/DD /YYYY) Version Jame, 2018 DEFENSE LOGISTICS AGENCY 0 DISPOSITION SERVICES 74 WASHINGTON AVENUE NORTH FOR LESO USE ONLY BATTLE CREEK, MICHIGAN 49037 -3092 New Application Law Enforcement Support Office (LESO) ,�,/ / Application for Participation / Authorized Screeners Letter L� Updated Application (This form is for State /Local Low Enforcement Agencies only) e Indicates Required Fields SECTION 1: 'Agency Na 'Agency Physical Address: 'State:?T>(I'Zlp Code:$F J Police Originating Agency Identifier (OR[) Number g nt I Agency DODAAC (If Known) 10- 619- 1200 Fax #: Agency MUST have at least 1 full -time officer to participate in the program. Indicate the number of compensated officers with arrest and apprehension authority: - -.— 'Full -time: ;64 I' Pa rt-tl me: ' 0 .._._... _J �L RTD Screener -RTD Screeners must be employed by the aforementioned LEA. individuals Identified below may request access to act as an authorized "RTD Screener" on behalf of this Law Enforcement Agency. Agency MU5T have at least 1 RTD Screener. Lieutenant j jhadeus IiSiwecki ' #1 'Official Title /Rank -Fist Name 'Last Name j tsiwecki @schertz.com Police Officer #2 -Official Title/ Rank rbanduch(cDschertz. com 10- 619 -1200 1 [Small Arms/Vehicle Number POC Richard _ ;IBanduch _ 'First Name Name •last Name ;'Assistant Chief of Police arc #3 'Official Title /Rank ief of Police jj210- 619 -1200 Small Arms/Vehicle *Phone Number POC (Aircraft /Small Arms / Vehide) Bane -' Name `Last Name _ 1;210- 619 -1200 Small ArTis /Vehicle i 'Phone Number POC (AircraWSmall Arms /Vehicle) Hansen - - -- #4 •Official Title /Rank -First Name 'Last Name Imhansen @schertz.com — -1200 Email •Email •Phone Number I Arms/Vehicle #5 'Official Title/ Rank 'First Name 'Last Name *Email —e) -Phone Number POC(Atrcraft /Small Arms/Vehicle) #6 -Official Title /Rank -First Name `Last Name *Email 'Phone Number POC (Aircraft /Small Arms /Vehicle) L�._..�_�____._,._ —I #7 'Official Title Rank 'First Name -Last Name *Email 'Phone Number POC(Aircraft /Small Arms/Vehicle) #g `Offlaal Title /Rank 'Flnt Name 'Last Name 'Email 'Phone Number POC (Aircraft/Small Arms /Vehicle) Page 1 of 2 (Application Version: Oct 31, 2017) SECTION 2: RESERVED FOR LAW ENFORCEMENT AGENCY USE ONLY - Law Enforcement Agency/Activity - The LESO Program defines this as a Governmental agency whose primary function is the enforcement of applicable Federal, State and Local laws and whose compensated Law Enforcement officers have the powers of arrest and apprehension. I certify that my agency meets the definition of a "Law Enforcement Agency /Activity" as described above. I certify that all information . e:1% contained in this application is valid and accurate. I understand that I must provide my State Coordinator an application to update my agency participant information if the following information changes: 1. Chief Law Enforcement Official (CLEO) changes, 2. Agency physical address changes or 3. RTD Screaner additions /deletions. 1 am signing this document as the CLEO of this law enforcement agency. `(Check only one): !� 'ill In my official position or as Acting/Interim, I am authorized to sign documents on behalf of the OLEO for this agency. If checked, please provide current department policy or Memorandum that provides such signature authority to the individual holding that official position. BY INITIALING THE BOX BELOW, LEA's CERTIFY THEY WILL COMPLY WITH 10 U.S. CODE 2576a FOR ALL CONTROLLED EQUIPMENT. I certify with the authorization of the relevant local governing body or authority, that my agency has adopted publically available protocols for the appropriate use of controlled property, the supervision of such use, and the evaluation of the effectiveness of such use, Initial Here including auditing and accountability policies; and that it provides annual training to relevant personnel on the maintenance, sustain ment, and appropriate use of controlled property. By signing this application, I certify under penalty of perjury that the foregoing Is true and correct. Making a false statement may result In judicial actions or prosecution under 18 USC 51001. ;Chief of Police IIMichael Hansen TITLE `PAINTED NAME.--FIRST &LAST � 'SIGNATURE imhansen@schertz.com `EMAIL •DATE SECTION 3: RESERVED FOR STATE COORDINATORS OFFICE USE ONLY As the State Coordinator/ State Point of Contact it has been determined that the agency meets the definition of a "Law Enforcement Agency /Activity" as described in section 2. 1 certify that all information contained in this application is valid and accurate. Mike Lesko —PRINTED NAME FIRS C& LAST •SIGNATURE D— SECTION 4: RESERVED FOR LESO USE ONLY NOTICE FOR DLA DISPOSITION SERVICES PERSONNEL: Regulatory guidance outlining Screener Identification and Authorization must be accomplished in accordance with DOD 4160.21 -M, Volume 3, Enclosure 5, Section 3 (k). In accordance with the aforementioned reference, the LESO Program authorizes the individuals identified in Section 1 of this form to screen excess property at your facilities as authorized participants in the LESO Program. This authorized screener letter supersedes all previously issued Screener letters for this Law Enforcement Agency /Activity and is valid only on or after the date signed by authorized LESO signatory. Only two individuals authorized to screen per visit, however, additional personnel may assist receiving material previously screened and approved for transfer. This agency is authorized to screen items via the LESO Program under authorized Agency DODAAC: 'LESO Authorized Signatory: 'SIGNATURE LESO Notes: 'Screener letter is valid one year from this date: Page 2 of 2 (Applicotion Version: Oct 31, 2017) City Council Meeting: Department: Subject: C• � 1 Agenda No. 9 CITY COUNCIL MEMORANDUM August 28, 2018 Fire Resolution No. 18 -R -116 - A resolution by the City Council of the City of Schertz, Texas authorizing expenditures with Motorola totaling no more than $85,000.00 for communication equipment during the 2017 -2018 Fiscal Year and other matters in connection therewith The vehicle replacement program was brought to Council back in December 2017. That resolution included a not to exceed amount of $75,000 with Motorola for two -way radios in public safety vehicles. This amount was a collective effort from Fire, Police, and EMS in respect to amount that we expected to spend during the current Fiscal Year. In November 2017 the Fire Department received permission from the City Council to accept a TIFMAS grant Wildland Engine funded by the Texas A &M Forrest Service. Now that apparatus has arrived at the Fire Department and we have a need to purchase a Motorola radio to match the radio's installed in all our other apparatus. To date, the City has spent approximately $73,000 with Motorola for communication equipment. For the remainder of the Fiscal Year, the Fire, Police, and EMS Departments anticipate up to $12,000 in additional communication equipment and possible repairs with Motorola. GOAL To obtain authorization from City Council for expenditures with Motorola, for communication equipment in an amount not to exceed $85,000. COMMUNITY BENEFIT Superior communication equipment for Fire, Police, and EMS services. This equipment is used when responding to and mitigate emergency calls. SUMMARY OF RECOMMENDED ACTION Staff recommends that Council authorize Staff to purchase additional communication equipment with a new not to exceed amount for Fiscal Year 201.7 -18 in an amount not to exceed $85,000. FISCAL IMPACT Funds (the not to exceed amount of $85,000 for communication equipment are budgeted and available. ATTACHMENTS Resolution 18 -R -116 RESOLUTION NO. 18 -R -116 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH MOTOROLA TOTALING NO MORE THAN $85,000.00 FOR COMMUNICATION EQUIPMENT DURING THE 2017 -2018 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") requires the purchase of Motorola radio equipment; and WHEREAS, the City has already purchased items with Motorola for Fire, Police, and EMS this Fiscal Year totaling approximately $73,000; and WHEREAS, the City Council authorizes City Staff to request additional equipment by Motorola to be invoiced in an amount not to exceed $85,000.00 for the remainder of Fiscal Year 201.7 -2018. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes expenditures with Motorola not to exceed $85,000.00 for Fiscal Year 2017 -2018. 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 28th day of August, 2018 . Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor M Agenda No. 10 C X111 &WOL11"LlusIaU1DIU to] 710 Rod 1 City Council Meeting: August 28, 2018 Department: Public Works and Engineering Subject: Resolution No. 18 -R -117 - A Resolution by the City Council of the City of Schertz, Texas, authorizing additional expenditures with Ford Engineering, Inc., in a total project amount not to exceed $60,01.3 for design, bid, and construction phase engineering services for the FM 1103 Water and Waste -water line relocation project in advance of the FM 11.03 road widening project. BACKGROUND The Texas Department of Transportation (TxDOT) is working on a project to widen the right of way and paving of FM 1.103 in the City of Schertz. Citizens of Schertz passed a bond measure to provide $2 million of funding toward the project. City Council authorized a Fixed Price Agreement ($181,226) to contribute funds for the acquisition of right of way, and an Advanced Funding Agreement ($1,818,774) for contribution of funds toward construction of the roadway improvements. In May 2017, Council also approved Resolution 1.7 -R -33 authorizing an agreement with Ford Engineering for the design, bid, and construction phase engineering services for the FM 1103 Water and Waste -water line relocation project in advance of the FM 1103 road widening project. The original project estimate included $38,013.00 for engineering services. Due to the following changes in the project scope, the cost of engineering services has increased approximately $22,000, for a project total for engineering services with Ford not to exceed $60,013.00. The initial scope of work was based on Tx -DOT 60% set of plans. Tx -DOT has made numerous changes and additions to their plans requiring the Cities Engineer to make modifications to the relocations of city utility lines adding an additional bore under FM 1103 and other utility offsets. The City also added an extension of a sewer main across the front of the Walgreens property to provide a connection point to properties along FM 1103. This all caused the cost of engineering services and construction cost to increase. COMMUNITY BENEFIT The relocation of these lines will ensure the City utilities are provided in an alignment that allows adequate space for future maintenance. FISCAL IMPACT Funding for engineering services is available in Water & Sewer Reserves. Authorization of an additional $22,000 is separate from the previously authorized not -to- exceed expenditures of $322,332 (see breakdown below). The updated not to exceed amount is $344,332 for Fiscal Year 2017 -2018. 18 -R -01: $100,000 (separate, unrelated projects each less than $50K) 18 -R -08: $99,018 (Pedestrian Routes & Bike Lanes Project) 18 -R -46: $120,714 (Ease Live Oak Pump Additions) 18 -R -71: $2,600 (additional expenditures on Bike Lane project) RECOMMENDATION Staff recommends that the City Council approve Resolution 18 -R -117, authorizing additional expenditures with Ford Engineering, Inc., in a total project amount not to exceed $60,013 for design, bid, and construction phase engineering services for the FM 1103 Water and Waste- water line relocation project in advance of the FM 1.103 road widening project. ATTACHMENT Resolution 18 -R -117 RESOLUTION NO. 18 -R -117 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ADDITIONAL EXPENDITURES WITH FORD ENGINEERING, INC., IN A TOTAL PROJECT AMOUNT NOT TO EXCEED $60,013 FOR DESIGN, BID, AND CONSTRUCTION PHASE ENGINEERING SERVICES FOR THE FM 1103 WATER AND WASTE -WATER LINE RELOCATION PROJECT IN ADVANCE OF THE FM 1103 ROAD WIDENING PROJECT. WHEREAS, the City of Schertz (the "City ") has entered into an agreement for design, bid, and construction phase engineering services for the FM 1103 water and wastewater facilities relocation project in advance of the TxDOT FM 1103 road widening project with Ford Engineering; and WHEREAS, City and TxDOT have identified necessary change orders to the original project scope; and WHEREAS, these identified necessary change orders require another $22,000 in engineering fees for design changes; and WHEREAS, pursuant to Section 252.022(a)(4) of the Texas Local Government Code, the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, Ford Engineering is an approved On -Call Engineering Service for the City of Schertz ; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes additional expenditures with Ford Engineering, Inc., in a total project amount not to exceed $60,013 for design, bid, and construction phase engineering services for the FM 1103 water and waste -water line relocation project in advance of the FM 1103 road widening project.. 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. 50234811.1 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 28th day of August, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 i FORD ENGINEERING, INC. May 22, 2018 James A. Hooks, CFM Assistant Public Works Director City of Schertz 10 Commercial Place Schertz, Texas 78154 RE: FM 11303 Waterline Adjustments — Design Scope Mr. Hooks, The initial scope of Ford Engineering, Inc.'s design work'for the above referenced project was based on the 60% design PDF and CAD files of the street and drainage, as provided by TxDOT. During our preparation of water main relocation and sewer extension to avoid conflicts with TXDOT improvements, TXDOT has provided at least three changes to the storm water design, the most recent being on May 14th, requiring significant amount of rework on Ford Engineering, Inc.'s behalf to update plans during our 60% and 90% design phases. Now at 90% design, the project includes almost 1600 additional linear feet of water main, 500 additional linear feet of sewer replacement, and one additional 140 -foot directional bore under FM 1103, when compared to the initial scope description. The amount of design time by Ford Engineering, Inc. has exceeded our anticipated budget due to the additional changes in the storm water design and the overall impact of the street improvements on the City's water and sewer mains. Our design effort has internally exceeded the design effort of the design budget for our 60% and 90% design phases, and having just received revised TxDOT files on May 14, will require additional time to further review and update plans. Ford Engineering, Inc. understands that the changes in the scope of have not been within the control of the City, and recognizes that what was at onetime a $300,000.00 project has now tripled in estimated construction cost. Respectfully, Ford Engineering, Inc. requests additional compensation to account for the additional Tabor on our part to accommodate the amount of work required for the above described changes, in the amount of $22,000.00. Sincerely, Aat- Ford Engineering, Inc. Mark B Hill, President 10927 WYE DRIVE SUITE 104, SAN ANTONIO, TX 78217 P. (210) 590 -4777 F. (210) 590 -4940 1- 800 - 332 -3109 www.fordengineering.com TBPE No. F -1162 TBPLS No. 10018400 1 CITY COUNCIL MEMORANDUM City Council Meeting: August 28, 2018 . Department: EMS Agenda No. 11 Subject: Resolution No. 18 -R -118 Authorize the Acting City Manager to submit a proposal to JBSA - Randolph for ambulance services. BACKGROUND Schertz Emergency Medical Services provides regional ambulance transportation to the communities of Schertz, Cibolo, Live Oak, Marion, Santa Clara, Selma and Universal City. We also serve Comal County ESD #6 which includes the City of Garden Ridge, Bracken community and the areas along F.M. 3009 to State Highway 46. Each of these communities has contributed financially to subsidize the EMS services with the "per capita" funding formula since it was adopted in the late 1990's. In FY 2012 -13, the City entered into a five -year agreement which will end at the end of this current fiscal year. Prior to 1999 Schertz EMS was the ambulance provider on JBSA- Randolph. Since losing that contract the City has attempted on several occasions to become the provider again. First, since 1999, . when JBSA - Randolph's selected provider didn't respond fast enough or failed to perform entirely, Schertz EMS was summoned for calls on base. This has happened with 3 different providers. Additionally, EMS is now the provider of choice to move patients from the clinic on base to SAMMC. All of these requests are responded to as mutual aid because we have the closest ambulances to the base. With the tradition of military support across our community, EMS would like to once again become the recognized provider of EMS services for JBSA - Randolph. JBSA - Randolph is currently seeking offers for a Request For Proposal (RFP) for ambulance services on base. As part of the proposal they are requesting an ambulance to be placed on base at the fire station around the clock to provide coverage for emergency and non - emergency ambulance calls. The ambulance would be able to leave the base to answer calls outside of JBSA- Randolph. Additionally, the RFP is calling for an all- inclusive price for the service as the chosen provider will not be allowed to bill any patient for whom it provides services. The RFP will result in a five year contract. The RFP was posted on August 8, 2018 . on the FBO.gov website and was discovered by staff on August 12, 2018. The current deadline to submit the offer is August 23, 2018. With a short turn - around time, staff could not get approval from Council to respond to this RFP prior to the due date. In the proposal there is language that says late proposals may be considered. Staff contacted the JBSA Contracting Office and although there was no commitment that the proposal would be accepted, the contracting specialist stated the assigned contracting officer understood the difficulty of a two -week response time. If selected this will add a sixth ambulance to our region that will be available to back up other system ambulances when needed. City Council Memorandum Page 2 FISCAL IMPACT The EMS department intends to submit a price proposal to cover the entire cost for ambulance services to include 6 full -time paramedics (including benefits), an ambulance, equipment and supplies and fuel. The price proposal is a fixed price paid in monthly payments with annual increases. As part of the RFP, there will be no billing required. 1• Staff recommends approval of Resolution No. 18 -R -118 authorizing the Acting City Manager to submit a proposal to JBSA- Randolph for ambulance services. ATTACHMENT Resolution No. 18 -R -118 RFP Price Proposal RESOLUTION NO. 18 -R -118 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO SUBMIT A PROPOSAL TO JBSA- RANDOLPH FOR AMBULANCE SERVICES, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz EMS provides ambulance services to the surrounding communities and emergency services districts; and WHEREAS, Schertz EMS was notified that JBSA - Randolph is soliciting proposals for ambulance services; and WHEREAS, Schertz EMS meets the qualifications of the proposal and has prepared a response and pricing structure in accordance with its requirements; and WHEREAS, City Staff recommends that City Council authorize the Acting City Manager to submit a proposal to JBSA- Randolph for emergency and non - emergency ambulance services. C • • • • • • i THAT: Section 1. The City Council hereby authorizes the Acting City Manager to submit a proposal in response to JBSA- Randolph's Request for Proposals to provide ambulance services as set forth 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 28th day of August, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A FEW Emergency Medical Services JBSA-Randolph, TX RFP # FA3016-18-U-0255 In accordance with (IAW) FAR 12.603(c)(2) — Streamlined Solicitation for Commercial Items, the following is submitted for this Request for Proposal: (i) This is a combined synopsis /solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (ii) Solicitation FA3016-18-U-0255, Emergency Medical Services, is being issued as a Request for Proposal (RFP) for JBSA-Randolph, Texas. These services are being acquired in accordance with FAR Part 13.5 Simplified Procedures for Certain Commercial items. (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-99. (iv) This requirement is set aside 100% for small business under the NAICS code 621910 — Ambulance Services with a size standard of $15M. A single award of a Firm-Fixed Price (FFP) Contract will be made as a result of evaluation of proposal(s) received. (v) The following is a list of contract line item numbers (CLINs) and items, quantities and units of measure: (see Attachment 4 — SF 1449/Schedule). (vi) The following is a list of descriptions of requirements for the items to be acquired: (see Attachment 1 — Performance Work Statement). (vii) The place of performance will be: JBSA-Randolph, Texas. (see Attachment 4 — SF1449/Schedule) THE FOLLOWING PROVISIONS AND CLAUSES APPLY TO THIS ACQUISITION: (viii) The provision at FAR 52.212-1, Instructions to Offerors — Commercial items applies. ADDENDUM TO 52.212-1 -- Instructions to Offerors -- Commercial Items FAR 52.212-1 is hereby tailored as follows: (a) North American Industry Classification System (NAICS) code and small business size standard: The NAICS code is 621910 — Ambulance Services with a size standard of $15M. (b) Submission of Offers: To assure timely and equitable evaluation of proposals, offerors must follow the Page 1 of 16 Emergency Medical Services JBSA - Randolph, TX RFP # FA3016 -18 -U -0255 instructions contained herein. Offers must be submitted on the SF 1449 Solicitation /Contract/Order for Commercial Items (Attachment 4) and acknowledgement of all amendments, (SF 30) if applicable. Offeror shall complete fill -ins in Attachment(s) 3 and 4 and submit a PDF copy of the certifications and representations. Proposals must be complete, self- sufficient, and respond directly to the requirements of this solicitation. The proposal shall demonstrate the ability to provide the required services in accordance with (IAW) the attached Performance Work Statement (Reference Attach 1). The proposal shall be clear, concise and include sufficient detail for effective evaluation and for substantiation of the validity of stated claims. A complete proposal consists of three (3) parts: Part Content Page Limitation 1 Technical Proposal Eight (8) pages, 8.5 x 11 Inches, single spaced, not smaller than approximately Times New Roman size 10 font, with margins no less than one (1) inch on sides, top, and bottom. 11 Price Proposal, SF1449 N/A 111 Past Performance Information N/A Failure to furnish a complete proposal may result in the proposal being determined unacceptable by the Government. Response to this solicitation (including all parts) must be submitted via e-mail no later than 3:00 PM CT, 23 Auaust 2018. The SF1449 must bear the signature or electronic certification of an official in the company authorized to bind the firm. The signed SF1449 document, the completed technical proposal, and past performance information must be submitted electronically to all individuals listed below. Receipt of your electronic submittal will be acknowledged via return email; if you do not receive an acknowledgement, you are advised to call for confirmation as firewall protections may block emails and /or strip attachments. Contact information is as follows: Leketa Cunningham Contract Administrator (CA), leketa.cunnin ham us.af.mil 210 - 652 -8877 Marcus Reedom Contracting Officer (CO), marcus.reedom.2us.af.mil 210 - 652 -8427 Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this combined synopsis /solicitation. Page 2 of 16 Emergency Medical Services JBSA - Randolph, TX RFP # FA3016 -18 -U -0255 Provide one (1) electronic proposal copy. The submission shall be logically assembled. Each section shall be clearly identified. All proposal documents shall be in English e- mailed to the POC's. (Note: periodically the Government e -mail system experiences delays, therefore, offerors are highly encouraged to contact the individuals identified in this combined synopsis /solicitation to confirm delivery and receipt). The Government will not be responsible for any failure of transmission or receipt of the offer, or any failure of the offeror to verify receipt of the emailed offer. There will be a preproposal conference and site visit on 9 August 2018 at 09:00 AM CT. The conference will be held in Bldg. 224 on JBSA- Randolph, Texas. Interested vendors should contact the individuals below at least 24 hours prior to the preproposal conference /site visit time for installation access instructions and location details: Leketa Cunningham Contract Administrator (CA), leketa.cunningham@us.af.mil 210 - 652 -8877 Marcus Reedom Contracting Officer (CO), marcus.reedom.2@us.af.mil 210 - 652 -8427 Note: If contacting via e -mail, please confirm receipt of e -mail by calling Ms. Cunningham or Mr. Reedom. The Contracting Officer has determined there is a high probability of adequate price competition for this acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination and if, in the Contracting Officer's opinion, adequate price competition exists no additional cost information will be requested. However, if at any time during this competition the Contracting Officer determines that adequate price competition no longer exists offerors may be required to submit other than cost or pricing data to support a determination of price reasonableness. (b)(4) Technical: PART I, TECHNICAL PROPOSAL. Offerors shall provide sufficient information, as required below to allow the Government to judge the offeror's technical capability to perform the requirements of this solicitation. Offeror's technical proposal must address the following technical evaluation sub factors: Sub Factor 1 - Ability to Perform: Offeror shall provide documentation demonstrating an ability to successfully meet the twelve (12) minute response timeline IAW DoDI 6055.06 table E331. 90% of the time, and as outlined in the PWS description of services and paragraph 1.2.2., to include: Page 3 of 16 Emergency Medical Services JBSA - Randolph, TX RFP # FA3016 -18 -U -0255 • The approach shall discuss proposed routes and travel times to locations on JBSA- Randolph while keeping in mind that the twelve (12) minute response standard is based on arrival at the destination of the incident /event. • Submit a detailed procedure for meeting the Government's requirement for additional support as outline in PWS pars 1.2.1.2. • The offeror approach must take into consideration the fact that JBSA - Randolph has only one (1) 24 -hour access point with railroad tracks less than 100 yards outside that access point. Sub Factor 2 - Qualifications and Experience: Offeror shall provide documentation demonstrating that it's qualifications and experience in meeting the requirements within the PWS, to include: • Documentation of current State of Texas certified EMT - Paramedics with Advanced Cardiac Life Support (ACLS) certifications for all employees or demonstrate the ability to obtain /provide all certifications prior to the required contract start date. See additional certifications /licensure requirements in PWS, Paragraph 1.3.5.1. • Information that drivers meet or exceed the requirements in PWS, Paragraph 1.3.5.4. • Contractor's license to operate in Texas per Texas Department of State Health. Services Consumer Protection (Emergency Medical Services Unit). • The experience and qualifications of the offeror's paramedics /EMTs. Sub Factor 3 - Management Capability Factor: Offeror shall provide documentation demonstrating its ability to manage the scope and magnitude of the PWS, to include: • Resumes of key management personnel that demonstrates experience for similar contracts of like size and scope; • Vehicle Fleet management; • Offeror's overall approach to safety and training programs; • Accessibility of management and management's responsiveness to problems on the proposed contract; • Quality Control /Assurance Programs; specifically; and • Describe the current and historical workload volume and address the impact of the Government's business on overall operations. Sub Factor 4 - Mission Essential Contractor Services Plan. The Government has identified all of the contractor services performed under this contract as essential contractor services in support of mission - essential functions. Therefore, in accordance with Defense Federal Acquisition Regulation Supplement (DFARS) provision 252.237 -7024, Notice of Continuation of Essential Contractor Services, offerors shall provide with their offer, a written plan describing how the offeror will continue to perform the essential contractor services listed in the PWS. Per DFARS 252.237 -7024, please provide the following in a stand -alone document; this Page 4 of 16 Emergency Medical Services JBSA - Randolph, TX RFP # FA3016 -18 -U -0255 document will be incorporated into the contract at time of award: (1) Identify provisions made for the acquisition of essential personnel and resources, if necessary, for continuity of operations for up to 30 days or until normal operations can be resumed; (2) Address in the plan, at a minimum- (i) Challenges associated with maintaining essential contractor services during an extended event, such as a pandemic that occurs in repeated waves; (ii) The time lapse associated with the initiation of the acquisition of essential personnel and resources and their actual availability on site; (iii) The components, processes, and requirements for the identification, training, and preparedness of personnel who are capable of relocating to alternate facilities or performing work from home; (iv) Any established alert and notification procedures for mobilizing identified "essential contractor service" personnel; and (v) The approach for communicating expectations to contractor employees regarding their roles and responsibilities during a crisis. (3) The Government will utilize the information provided, along with information collected from other sources (e.g., other Government offices, commercial sources, etc.), in making a technical acceptability determination. (b)(6) Price: PART 11, PRICE PROPOSAL. Offerors are asked not to alter the electronic version of the SF1449 Solicitation (Word document) other than to fill in required information as outlined below. In particular, offerors are asked not to elet page breaks or to alter headers/footers. (a) SF 1449, Page 1. Complete the items listed below. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation, to include attachments. The solicitation constitutes the model contract. DUNS) Block 12, Discount terms (payment terms such as Net 30) Block 17a, Name / POC / address of offeror (code = cage code; facility code = Page 5 of 16 Emergency Medical Services JBSA-Randolph, TX RFP # FA3016-18-U-0255 Block 30a, Signature Block 30b, Name / title of person authorized to sign offer Block 30c, Offer date (b) Section B, Price Schedule. The periods of performance and applicable contract line item numbers (CLINs) are reflected below. For each contract line item number (CLIN), insert ro Deed unit rioe and extended amount as shown in the example below. The extended amount must e uaI the uanti multi lied b the gDA rioe, To revent rounin issues unit rides are limited to two decirr�al laces and no roundin of the extended amount is allowed, Note: It is the responsibility of each offeror to verify their calculations. Page 6 of 16 Period of Performance OLIN #s Basic Period 15 Sep 2018 — 14 Sep 2019 0001 —0002 Option Year 1 15 Sep 2019 — 14 Sep 2020 1001-1002 Option Year 2 15 Sep 2020 — 14 Sep 2021 2001 —2002 Option Year 3 15 Sep 2021 — 14 Sep 2022 3001 —3002 Option Year 4 15 Sep 2022 — 14 Sep 2023 4001 —4002 For each contract line item number (CLIN), insert ro Deed unit rioe and extended amount as shown in the example below. The extended amount must e uaI the uanti multi lied b the gDA rioe, To revent rounin issues unit rides are limited to two decirr�al laces and no roundin of the extended amount is allowed, Note: It is the responsibility of each offeror to verify their calculations. Page 6 of 16 Emergency Medical Services JBSA - Randolph, TX RFP # FA3016 -18 -U -0255 (b)(10) Past Performance: PART 111, PAST PERFORMANCE INFORMATION Offerors shall send blank Past Performance Questionnaires (Attachment 5) to present and /or past Government and /or industry customers for projects of similar scope performed within three (3) years of the RFP release date. If an offeror does not request past performance feedback from its customers on the basis that it does not possess a recent /relevant past performance record, then the offeror shall affirmatively state so in its proposal. Questionnaires regarding the offeror's own past performance as a prime, subcontractor, affiliate, or other teaming partner will be accepted. Offerors shall follow -up to ensure that the Government receives at least three (3) completed questionnaires. Forms submitted directly to the Government by the offeror will NOT satisfy the requirement for past performance information and will not be evaluated. It is the offeror's responsibility to ensure that their customers complete Attachment five (5) Past Performance Questionnaire and the offeror completes Attachment six (6) Past Performance List of References and return it DIRECTLY to Leketa Cunningham, Contract Specialist, at leketa.cunninham us.af.mil and Marcus Reedom, Contracting Officer, at marcus.reedom.2@us.af.mil by the closing date and time. (c) Period for acceptance of offers: The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers. (e) Multiple Offers: Multiple offers will not be accepted. (f) Late submissions, modifications, revisions, and withdrawals of offers: The following is added: "(2)(iii) Notwithstanding (2)(i) above, the Contracting Officer may accept a late offer if the Contracting Officer determines accepting the late offer is in the best interest of the Government." (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without interchanges with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct interchanges if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple Awards: The Government will award a single contract on an "all or none" Page 7 of 16 Emergency Medical Services JBSA - Randolph, TX RFP # FA3016 -18 -U -0255 basis; multiple awards shall not be contemplated." (End of Addendum to 52.212 -1) CLAUSES INCORPORATED BY FULL TEXT (ix) 52.212 -2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014) ADDENDUM TO 52.212 -2, Evaluation — Commercial Items FAR 52.212 -2 is hereby tailored as follows: (a) Basis for Contract Award. The Government intends to award one Firm Fixed Price contract for this competitive Small Business Set -Aside service acquisition. Award will be to the responsible contractor whose offer conforming to the solicitation will be most advantageous to the Government, technical, past performance, and price considered. The solicitation requirements include all stated terms, conditions, representations, certifications, and all other information required by this solicitation. Unless specifically identified in your proposal, by submission of its offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications and technical requirements, in addition to those identified as evaluation factors or sub factors. Failure to meet a requirement may result in a proposal being determined ineligible for award. It is the Government's intent to evaluate proposals and award a contract IAW FAR 13.106. FAR Part 15 based evaluations will NOT be used for this acquisition. The initial proposal should contain your best terms; however; the Government reserves the right to conduct exchanges if determined necessary by the Contracting Officer to resolve issues such as technical or price, or deal with contract documentation including any other matter in the evaluation process. The contracting officer reserves the right to award a contract without the opportunity to revise proposals. The following factors, in descending order of importance, shall be used to evaluate offers: 1. Technical 2. Past Performance 3. Price Technical and Past Performance are significantly more important than Price. (1) All technically acceptable offers shall be treated equally except for their prices and performance records. An "unacceptable" rating in any technical factor or sub - factor will result in the overall technical proposal being rated "unacceptable" and the proposal will therefore be ineligible for award. While the Government will strive for maximum objectivity, the evaluation process is by its nature subjective. Therefore, professional judgment is implicit throughout the entire process. Page 8 of 16 Emergency Medical Services JBSA - Randolph, TX RFP # FA3016 -18 -U -0255 (2) The following documents will be evaluated for completeness and compliance with the requirements of the RFP. Please refer to the instructions in 52.212 -1 Addendum. Incomplete items may be a basis for rejection. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The evaluation process shall proceed as follows: (a) FACTOR 1 — TECHNICAL ACCEPTABILITY: Initially, the government technical evaluation team shall evaluate the technical proposals on an pass /fail basis, assigning ratings of Acceptable, or Unacceptable. The proposals shall be evaluated against the following sub factors: Sub Factor 1: Ability to Perform Sub Factor 2: Qualifications and Experience Sub Factor 3: Management Capability Sub Factor 4: Mission Essential Contractor Services Plan An offer must be rated "acceptable" in all factors and sub - factors in order to be eligible for award. An "unacceptable" rating in any factor or sub - factor will result in the overall technical proposal being rated "unacceptable" and the proposal will therefore be ineligible for award. The Government will utilize the information provided by the offeror, along with information collected from other sources (i.e., other Government offices, commercial sources, etc.), in making a technical acceptability determination. If an offeror's technical proposal is determined to be Technically Unacceptable, no further evaluation will be conducted. Offerors determined to be technically unacceptable shall be eliminated from consideration for contract award. The technical evaluation factors upon which an offeror's technical proposal will be evaluated and the respective Standard of Acceptability for each of the technical evaluation factors are set forth below. The following adjectival ratings and rating definitions will be used to assign a rating for each technical factor and an overall rating to each technical proposal. Rating Definition Acceptable Proposal meets requirements and indicates an adequate or more than adequate approach and understanding of the requirements; risk of unsuccessful performance is low to moderate. Unacceptable Proposal does not meet requirements of the solicitation and contains one or more deficiencies; proposal is unawardable. Overall technical acceptability will be evaluated against the following sub factors: (i) Sub Factor 1: Ability to Perform - Offerors will be evaluated to the extent to which they provide information that demonstrates offeror's ability to successfully meet the twelve (12) minute response timeline IAW DoDI 6055.06 table E331. 90% of the time, and as Page 9 of 16 Emergency Medical Services JBSA - Randolph, TX RFP # FA3016 -18 -U -0255 outlined in the PWS description of services and paragraph 1.2.2. Standard of Acceptability: The offeror's response provides sufficient information for the Government to determine whether or not the offeror has the ability to successfully meet the required timeline in the Department of Defense Instruction (DoDI) 6055.06 for on -scene arrival of twelve (12) minutes 90% of the time for emergency calls. • The offeror's response includes a detailed procedure for meeting the Government's requirement for additional support as outline in PWS para 1.2.1.2. (ii) Sub Factor 2: Qualifications and Experience - Offerors will be evaluated to the extent to which they provide information that demonstrates offeror's qualifications and experience in meeting the requirements within the PWS. Standard of Acceptability: The offer's response provides sufficient information for the Government to determine the offeror has provided: • Evidence of current State of Texas certified EMT - Paramedics with Advanced Cardiac Life Support (ACLS) certifications for all employees or demonstrate the ability to obtain /provide all certifications prior to the required contract start date. See additional certifications /licensure requirements in PWS, Paragraph 1.3.5.1. • Information that drivers meet or exceed the requirements in PWS, Paragraph 1.3.5.4. • Evidence of contractor's license to operate in Texas per Texas Department of State Health. Services Consumer Protection (Emergency Medical Services Unit). • Evidence of the experience and qualifications of the offeror's paramedics /EMTs. (iii) Sub Factor 3: Management Capability Factor - Offerors will be evaluated to the extent to which they provide evidence for Management experience and ability to manage the scope and magnitude of the PWS. Standard of Acceptability: The offeror's response clearly provides sufficient information (based on the items provided below) for the Government to determine whether or not the offeror's proposed management structure has demonstrated an ability to manage the scope and magnitude of their effort as outline in the PWS. • Resumes of key management personnel that demonstrates experience for similar contracts of like size and scope; Page 10 of 16 Emergency Medical Services JBSA - Randolph, TX RFP # FA3016 -18 -U -0255 • Vehicle Fleet management; • Offeror's overall approach to safety and training programs; • Accessibility of management and management's responsiveness to problems on the proposed contract; • Quality Control /Assurance Programs; specifically; • Describe the current and historical workload volume and address the impact of the Government's business on overall operations; and, based on the items above, the offeror's response clearly provides sufficient information for the Government to determine whether or not the offeror's proposed management structure has demonstrated an ability to manage the scope and magnitude of the PWS. (iv) Sub Factor 4: Mission Essential Contractor Services Plan. The Government has identified all of the contractor services performed under this contract as essential contractor services in support of mission - essential functions. Therefore, in accordance with Defense Federal Acquisition Regulation Supplement (DFARS) provision 252.237 -7024, Notice of Continuation of Essential Contractor Services, offerors shall provide with their offer, a written plan describing how the offeror will continue to perform the essential contractor services listed in the PWS. Standard of Acceptability: The offeror's response provides sufficient information for the Government to determine whether or not the offeror's Mission Essential Contractor Services Plan meets the requirements of DFARS 252.237 -7024 as indicated below: (1) Identifies provisions made for the acquisition of essential personnel and resources, if necessary, for continuity of operations for up to 30 days or until normal operations can be resumed; (2) Addresses in the plan, at a minimum- (i) Challenges associated with maintaining essential contractor services during an extended event, such as a pandemic that occurs in repeated waves; (ii) The time lapse associated with the initiation of the acquisition of essential personnel and resources and their actual availability on site; (iii) The components, processes, and requirements for the identification, training, and preparedness of personnel who are capable of relocating to alternate facilities or performing work from home; (iv) Any established alert and notification procedures for mobilizing identified "essential contractor service" personnel; and Page 11 of 16 Emergency Medical Services JBSA - Randolph, TX RFP # FA3016 -18 -U -0255 (v) The approach for communicating expectations to contractor employees regarding their roles and responsibilities during a crisis. (b) FACTOR 2 — PRICE EVALUATION: Next, the government shall rank all technically acceptable offers by total evaluated price (TEP). An offeror's TEP will be determined by multiplying all unit prices by the quantities in the SF 1449 /Schedule (Attachment 4) and adding all extended prices, including options. Options include the Government's Option to Extend Services in accordance with (IAW) FAR 52.217 -8. One -half (six (6) months) of the offeror's proposed price for the fourth option period will be added to the offeror's total price to determine the TEP. The Government will utilize FAR 13.106 to determine the price reasonableness of the apparent best value offer. Evaluation of options shall not obligate the Government to exercise the options. (c) FACTOR 3 — PERFORMANCE CONFIDENCE ASSESSMENT: Using questionnaires, the contracting officer shall seek relevant performance information on all offerors based on the past and present efforts provided by the offeror. The Government reserves the right to use both the information provided in the offeror's Past Performance submittals and information obtained from other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), Contract Performance Assessment Reporting System (CPARS), or other databases; interviews with Program Managers, Contracting Officers, and commercial sources and /or non - Government sources, such as any commercial business or customers referenced by the offeror in any of the past performance information disclosed. Past performance will be evaluated for recency, relevancy, and quality based on customer feedback from three (3) Past Performance Questionnaires (however see paragraph above) to establish a single performance confidence assessment rating as follows: Table 3.1 Performance Confidence Assessment Ratings Rating Description Based on the offeror's recent /relevant performance record, the Substantial Government has a high expectation that the offeror will Confidence successfully perform the required effort. Based on the offeror's recent /relevant performance record, the Satisfactory Government has a reasonable expectation that the offeror will Confidence successfully perform the required effort. No recent /relevant performance record is available or the offeror's Neutral performance record is so sparse that no meaningful confidence Confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance. Page 12 of 16 Emergency Medical Services JBSA - Randolph, TX RFP # FA3016 -18 -U -0255 Limited Based on the offeror's recent /relevant performance record, the Confidence Government has a low expectation that the offeror will successfully Present/past performance effort involved essentially the same perform the required effort. scope and magnitude of effort as this solicitation Based on the offeror's recent /relevant performance record, the No Confidence Government has no expectation that the offeror will be able to magnitude of effort as this solicitation. successfully perform the required effort. Recent past performance is defined as complete and /or ongoing Government and /or Industry projects performed within three (3) years of the RFP release date. Relevant past performance is defined as projects that demonstrate a record of providing services similar to those required by the PWS. Table 3.2 Past Performance Relevancy Ratings Rating Definition Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort as this solicitation Relevant Present/past performance effort involved similar scope and magnitude of effort as this solicitation. Somewhat Present/past performance effort involved some of the scope and Relevant magnitude of effort as this solicitation. Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort as this solicitation. In evaluating past performance, greater consideration may be given to information on those contracts deemed most relevant to the effort described in this solicitation. The purpose of the past performance evaluation is to allow the government to assess the offeror's ability to perform the effort described in this solicitation, based on the offeror's demonstrated present and past performance. The assessment process will result in an overall performance confidence assessment as described in Table 3.1 outlined above. Offerors with no relevant past or present performance history or with a performance record so limited that no confidence assessment rating can be reasonably assigned shall receive the rating "Neutral Confidence," meaning the rating is treated neither favorably nor unfavorably. Quality of past performance is defined as how well the offeror performed a particular project. If the Government receives more than three (3) Past Performance Questionnaires from one offeror, the Government will evaluate the three (3) Past Performance Questionnaires pertaining to the offeror's three (3) most recent projects. If an offeror does not request past performance feedback from its customers on the basis that it does not possess a recent/relevant past performance record, then the offeror shall affirmatively state so in its Page 13 of 16 Emergency Medical Services JBSA - Randolph, TX RFP # FA3016 -18 -U -0255 proposal. Offerors may be asked to clarify certain aspects of their proposal and respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the base period. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (d) If the lowest priced evaluated technically acceptable offer is judged to have a Substantial Confidence performance confidence assessment, that offer represents the best value for the government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers. (e) If the lowest priced offeror is not judged to have a Substantial Confidence performance confidence assessment, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror is judged to have a Substantial Confidence performance confidence assessment or until all offerors are evaluated. The Contracting Officer shall then make an integrated assessment best value award decision. (f) Contract Award: The Government intends to award, without exchanges, to the offeror whose proposal represents the best value to the Government. The Government, however, reserves the right to conduct exchanges if deemed in its best interest. Offerors are cautioned to submit sufficient information, and in the format specified in 52.212 -1 Addendum. The government reserves the right to conduct interchanges if determined necessary by the Contracting Officer to resolve issues such as technical or price, or deal with contract documentation including any other matter in the evaluation process. The contracting officer reserves the right to award a contract without the opportunity to revise proposals (g) Prior to an award, an offeror may be requested to provide business information for the purposes of a responsibility determination in accordance with FAR Part 9. Failure to provide requested information may result in a determination of non - responsibility, and the offeror would then be considered ineligible for award. Page 14 of 16 Emergency Medical Services JBSA - Randolph, TX RFP # FA3016 -18 -U -0255 Definitions: Interchanges Interchanges can be informal or formal. The CO may use e-mail, send an Interchange Notice (IN) or phone call, etc., asking for clarifications, change pages, revisions or other documentation. The Government may conduct interchanges with one, some, none, or all offerors at its discretion. A competitive range determination is not required to enter into interchanges and Final Proposal Revisions will not be required. Only proposals rated technically acceptable, either initially or as a result of interchanges, will be eligible for award. Offerors are advised that FAR Part 15 procedures will not be used to evaluate offers (End of Addendum to 52.212 -2) (x) See Attachment 2 — Additional Terms & Conditions and for full -text of Provisions Clauses. (xi) Defense Priorities and Allocations System (DPAS) and assigned rating do not apply to this acquisition. (xii) Proposals are due via e-mail no later than 3:00 PM CT, 23 August 2018. Please title the e-mail as follows: Company Name Offer in Response to FA3016- 18 -U -0255 In the body of the e-mail please include the following: Number of Attachments, and the Title of each attachment. The offeror shall ensure the attachments and content of each attachment attached to the e -mail match the number and contents of the attachments listed in the body of the e -mail. If sending multiple e- mails, please identify the number of e -mails (i.e. 1 of 3, 2 of 3, 3 of 3, etc.). All questions should be submitted to the contacts listed below no later than 4:00 PM CT, 15 August 2018 (xiii) For additional information regarding this solicitation, please contact the following via e-mail: Contract Specialist — Leketa Cunningham (leketa.cunningham @us.af.mil) Contracting Officer — Marcus Reedom (marcus.reedom.2 us.af.mil) Page 15 of 16 Emergency Medical Services JBSA-Randolph, TX RFP # FA3016-18-U-0255 Ensure you reference the solicitation number, FA3016-18-U-0255, in the subject line. Please be advised that this RFP in no manner obligates the Government regarding award of a contract that results from the issuance of this RFP. Attachments: 1. Performance Work Statement (PWS) 2. Additional Terms & Conditions 3. Wage Determination 4. SF 1449/Schedule 5. Past Performance Questionnaire 6. Past Performance List of References Page 16 of 16 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL IT 1. REQUISITION NUMBER PAGE 1 OF OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 6 2. CONTRACT NO. 3. AWARD /EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE DATE FA3016 -18 -U -0255 a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/ 7. FOR SOLICITATION calls) LOCAL TIME INFORMATION CALL: 08/23/2018 Leketa Cunningham 1 (210) 652 -8877 1 3:00 PM CT 9. ISSUED BY CODE I FA3016 10. THIS ACQUISITION IS UNRESTRICTED OR [:] SET ASIDE: 100 % FOR: 502D CONTRACTING SQUADRON X SMALL BUSINESS WOMEN -OWNED SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN -OWNED 395 B STREET WEST, SUITE 2, BLDG 224 ❑ HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: 621910 JBSA RANDOLPH TX 78150 -4525 BUSINESS � EDwosB ❑SERVICE - DISABLED SIZE STANDARD: $15M VETERAN -OWNED SMALL BUSINESS 8 (A) 11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS Net 30 13a. THIS CONTRACT IS A MARKED RATED ORDER UNDER DPAS (15 CFR 700) 14. METHOD OF SOLICITATION ® SEE SCHEDULE [:]RFQ IFB F] RFP 15. DELIVER TO CODE F3P4C1 16. ADMINISTERED BY CODE 359 MED Group - F3P4C1 SEE ITEM 9 221 3RD ST W. BLDG 1040 JBSA - Randolph, TX 78150 17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE F87700 OFFEROR CODE Brian James DFAS DEAMS- F87700 1400 Schertz Parkway ACCTG DISB STA NR 387700 Schertz, TX 78154 DFAS DEAMS 27 ARKANSAS RD TELEPHONE NO. 210-619-1000 LIMESTONE ME 04751 -6216 ❑ 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN I 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK OFFER BELOW IS CHECKED F-] SEE ADDENDUM 19. 20. 21. 1 22 1 21 24. ITEM NO. SCHEDULE OF SUPPLIES /SERVICES QUANTITY UNIT UNIT PRICE AMOUNT ME • t a •. '• r' •• • *- • Solicitation procedures are IAW FAR 13.5 (Use Reverse andlor Attach Additional Sheets as Ne 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only) ® 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212 -1, 52.212 -4. FAR 52.212 -3 AND 52.212 -5 ARE ATTACHED. ADDENDA ® ARE [-]ARE NOT ATTACHED ❑ 27b. CONTRACT /PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212 -4. FAR 52.212 -5 IS ATTACHED. ADDENDA ❑ ARE [:] ARE NOT ATTACHED ® 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 ❑ 29. AWARD OF CONTRACT: REF. OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 30a. SIGNATURE OF OFFEROR /CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (Type or print) 130c.DATESIGNED 31 b. NAME OF CONTRACTING OFFICER (Type or print) 131c. DATE SIGNED Brian James, Acting City Manager AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 2/2012) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 Solicitation: FA3016 -18 -U -0255 Section SF 1449 - CONTINUATION SHEET ITEM NO SUPPLIES /SERVICES QUANTITY UNIT UNIT PRICE 0001 Emergency Medical 12 Months $57,73563 Services FFP The contractor shall provide personnel, equipment, supplies, transportation, tools, materials, supervision, and all other items necessary to perform full Emergency Medical Services (EMS) ground transport services 24/7 for patients requiring emergency transportation from Randolph in accordance with the Performance Work Statement (PWS). The EMS contractor shall be able to respond up to two (2) simultaneous calls. Period of performance is 09/15/2018 - 09/14/2019. FOB: Destination NET AMT ITEM NO SUPPLIES /SERVICES QUANTITY UNIT UNIT PRICE 0002 Additional Support 30 Runs $500.00 FFP The contractor shall provide personnel, equipment, supplies, transportation, tools, materials, supervision, and all other items necessary to provide additional support that exceed those in CLIN 0001 and that conforms to the requirements of the Performance Work Statement (PWS). Quantities for this CLIN are estimated. Period of performance is 09/15/201.8 - 09/14/2019. FOB: Destination NET AMT Page 2 of 6 AMOUNT $692,827.59 AMOUNT $15,000.00 Solicitation: FA3016 -1.8 -U -0255 ITEM NO SUPPLIES /SERVICES QUANTITY UNIT UNIT PRICE 1001 12 Months $58,890.35 OPTION Emergency Medical Services FFP The contractor shall provide personnel, equipment, supplies, transportation, tools, materials, supervision, and all other items necessary to perform full Emergency Medical Services (EMS) ground transport services 24/7 for patients requiring emergency transportation from Randolph in accordance with the Performance Work Statement (PWS). The EMS contractor shall be able to respond up to two (2) simultaneous calls. Period of performance is 09/15/2019 - 09/14/2020. FOB: Destination NET AMT ITEM NO SUPPLIES /SERVICES QUANTITY UNIT UNIT PRICE 1002 30 Runs $510.00 OPTION Additional Support FFP The contractor shall provide personnel, equipment, supplies, transportation, tools, materials, supervision, and all other items necessary to provide additional support that exceed those in OLIN 0001 and that conforms to the requirements of the Performance Work Statement (PWS). Quantities for this CLIN are estimated. Period of performance is 09/15/2019 - 09/14/2020. FOB: Destination NET AMT Page 3 of 6 AMOUNT $706,684.14 ' 11 11 $153300.00 Solicitation: FA3016 -1.8 -U -0255 ITEM NO SUPPLIES /SERVICES QUANTITY UNIT UNIT PRICE 2001 12 Months $60,068.15 OPTION Emergency Medical Services FFP The contractor shall provide personnel, equipment, supplies, transportation, tools, materials, supervision, and all other items necessary to perform full Emergency Medical Services (EMS) ground transport services 24/7 for patients requiring emergency transportation from Randolph in accordance with the Performance Work Statement (PWS). The EMS contractor shall be able to respond up to two (2) simultaneous calls. Period of performance is 09/15/2020 - 09/14/2021. FOB: Destination NET AMT ITEM NO SUPPLIES /SERVICES QUANTITY UNIT UNIT PRICE 2002 30 Runs $520.00 OPTION Additional Support FFP The contractor shall provide personnel, equipment, supplies, transportation, tools, materials, supervision, and all other items necessary to provide additional support that exceed those in OLIN 0001 and that conforms to the requirements of the Performance Work Statement (PWS). Quantities for this CLIN are estimated. Period of performance is 09/15/2020 - 09/14/2021. FOB: Destination NET AMT Page 4 of 6 AMOUNT $720,817.82 720,817.82 y, •11 i/ Solicitation: FA3016 -1.8 -U -0255 ITEM NO SUPPLIES /SERVICES QUANTITY UNIT UNIT PRICE 3001 12 Months $61,269.52 OPTION Emergency Medical Services FFP The contractor shall provide personnel, equipment, supplies, transportation, tools, materials, supervision, and all other items necessary to perform full Emergency Medical Services (EMS) ground transport services 24/7 for patients requiring emergency transportation from Randolph in accordance with the Performance Work Statement (PWS). The EMS contractor shall be able to respond up to two (2) simultaneous calls. Period of performance is 09/15/2021 - 09/14/2022. FOB: Destination NET AMT ITEM NO SUPPLIES /SERVICES QUANTITY UNIT UNIT PRICE 3002 30 Runs $525.00 OPTION Additional Support FFP The contractor shall provide personnel, equipment, supplies, transportation, tools, materials, supervision, and all other items necessary to provide additional support that exceed those in OLIN 0001 and that conforms to the requirements of the Performance Work Statement (PWS). Quantities for this CLIN are estimated. Period of performance is 09/15/2021 - 09/14/2022. FOB: Destination NET AMT Page 5 of 6 AMOUNT $735,234.18 $735,234.18 ,A 0In C� 1 11 '► i i i Solicitation: FA3016 -1.8 -U -0255 ITEM NO 4001 OPTION ITEM NO 4002 OPTION SUPPLIES /SERVICES QUANTITY UNIT UNIT PRICE 12 Months $62,494.91 Emergency Medical Services FFP The contractor shall provide personnel, equipment, supplies, transportation, tools, materials, supervision, and all other items necessary to perform full Emergency Medical Services (EMS) ground transport services 24/7 for patients requiring emergency transportation from Randolph in accordance with the Performance Work Statement (PWS). The EMS contractor shall be able to respond up to two (2) simultaneous calls. Period of performance is 09/15/2022 - 09/14/2023. FOB: Destination Page 6 of 6 AMOUNT $749,938.86 NET AMT $749,938.86 SUPPLIES /SERVICES QUANTITY UNIT UNIT PRICE AMOUNT Additional Support 30 Runs $530.00 $15,900.00 FFP The contractor shall provide personnel, equipment, supplies, transportation, tools, materials, supervision, and all other items necessary to provide additional support that exceed those in OLIN 0001 and that conforms to the requirements of the Performance Work Statement (PWS). Quantities for this CLIN are estimated. Period of performance is 09/15/2022 - 09/14/2023. FOB: Destination Propsal total offered price for this requirement including all Base period CLIN's and all Option CLIN's TOTAL AMT $3,6837052.60 MEMORANDUM City Council Meeting: Department: Subject: Agenda No. 12 August 28, 2018 Economic Development Resolution No. 18 -R -119 Authorize the program and expenditures for the SEDC Performance Agreement with Titan Lookout LLC. Titan Lookout LLC. (Titan) is a developer that owns 1.25 acres within the City of Schertz. Currently over one million square feet of industrial space has been constructed on the property with an additional five hundred thousand square feet planned. As the 125 acre site has developed, additional roadways are required. In 2017, Titan approached the City about a proposed roadway from their development that would connect into Lookout Road. The City, through the City of Schertz Economic Development Corporation (SEDC), worked with Titan to adjust the roadway alignment such that the proposed roadway would align with the existing intersection at Lookout Road and Schertz Parkway. The new alignment has added costs because it now requires the crossing of a major drainage channel. Additionally, Titan has agreed to construct intersection improvements that will help large trailer trucks turn at the intersection. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT The SEDC seeks to provide an infrastructure grant to Titan for infrastructure improvements located at Lookout Road and Schertz Parkway. The proposed grant is in accordance with the Schertz Incentive Policy. The grant is authorized under section 501.103 of the Texas Local Government Code. According to the performance agreement, Titan must design the improvements within one hundred eighty days and construct the improvements with one year. Upon completion of the infrastructure improvements, the SEDC will provide up to seven hundred fifty thousand dollars ($750,000.00) to the project. In consideration, Titan is required to make a capital investment of eleven million dollars ($11,000,000) within eight years. If Titan fails to design or construct the improvements outlined in the agreement, no grant will be provided. Additionally if Titan fails to make the new capital investment within the eight year period, Titan must repay the grant plus interest. FISCAL IMPACT The infrastructure grant will be paid through SEDC funds; no city - general funds will be used for the project. The money will be deducted from the SEDC's Business Direct Incentives line item. 011 On 117_1 117.7 9[KfflU G/ l WO 1774 11110 1 The SEDC Board of Directors met on August 23, 2018 at their regular board meeting to consider and take possible action on a performance agreement with Titan Lookout LLC. A motion was made by Mr. Richard, second by Ms. Morrill to approve the agreement terms and authorize the President to execute the agreement and to recommend that the City Council authorize the program and expenditures associated with the agreement. k't"UV1UV1F.'11'V&'1JWt'4 I 1 i s To authorize program and expenditures associated with the Economic Development Performance Agreement (Schertz 125 — Lookout Road Intersection) through the approval of :Resolution No. 18 -R -119. ATTACHMENT(S) Resolution No. 18 -R -119 Economic Development Performance Agreement (Schertz 1.25 — Lookout Road Intersection) RESOLUTION NO. 18 -R -119 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROGRAM AND EXPENDITURES AS PROVIDED FOR IN THE ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION (THE "SEDC ") AND TITAN LOOKOUT LLC (THE "COMPANY "); AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Development Corporation Act of 1979, as amended (Section 501.001 et seq, Texas Local Government Code, formerly the Development Corporation Act of 1979) (the "Act ") authorizes a development corporation to fund certain projects as defined by the Act and requires development corporation to enter into performance agreements to establish and provide for the direct incentive or make an expenditure on behalf of a business enterprise under a project; and WHEREAS, Section 501.103 authorizes expenditures for certain infrastructure improvement projects that are found by the board of directors to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises; and WHEREAS, Section 501.158 of the Act requires an incentive agreement to provide at a minimum for a schedule of additional payroll or jobs to be created or retained and capital investment to be made as consideration for any direct incentives provided or expenditures made by the corporation under the agreement and to specify the terms under which repayment must be made if the business enterprise does not meet the performance requirements specified in the agreement; and WHEREAS, Section 501.1.59 of the Act requires that a corporation hold at least one public hearing on the proposed project before spending money to undertake the project, the public hearing was held on August 23, 2018; . and WHEREAS, the SEDC Board of Directors approved the Economic Development Performance Agreement Schertz 1.25 — Lookout Road Intersection set forth on Exhibit A attached hereto and incorporated herein between the SEDC, and the Company, pursuant to the Act, and the SEDC's Board of Directors meeting on August 23, 2018; and WHEREAS, Section 501.073 of the Act requires that the corporation's authorizing unit to approve all programs and expenditures of a corporation; and WHEREAS, the SEDC has recommended that the City authorize the program and expenditures associated therewith; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the SEDC President to execute and deliver the Economic Development Performance Agreement Between the Schertz Economic Development Corporation in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person . or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 28th day of August, 2018. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT SCHERTZ 125 - LOOKOUT ROAD INTERSECTION ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT SCHERTZ 125 - LOOKOUT ROAD INTERSECTION THIS PERFORMANCE AGREEMENT ( "Agreement ") is entered into as of the Effective Date (as defined in Article III below), by and between the City of Schertz Economic Development Corporation, located in Guadalupe County, Texas, a Texas non - profit industrial development corporation under the Development Corporation Act and governed by TEX. Loc. Gov. CODE chapters 501, 502 and 505 and the Texas Non - Profit Corporation Act (hereinafter called "Corporation ") created by and for the benefit of the City of Schertz, Texas (hereinafter the called the "City "), and Titan Lookout LLC, a Texas limited liability company, its successors or assigns (hereinafter called "Company "), the Corporation and the Company collectively known as the "Parties" to this Agreement. RECITALS WHEREAS, the Development Corporation Act of 1979, as amended (Section 501.001 et seq, Texas Local Government Code, formerly the Development Corporation Act of 1979) (the "Act ") authorizes a development corporation to fund certain projects as defined by the Act and requires development corporations to enter into performance agreements to establish and provide for the direct incentive or make an expenditure on behalf of a business enterprise under a project; and WHEREAS, Section 501.103 authorizes expenditures for certain infrastructure improvement projects that are found by the board of directors to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises; and WHEREAS, Section 501.158 of the Act requires a performance agreement to provide at a minimum for a schedule of additional payroll or jobs to be created or retained and capital investment to be made as consideration for any direct incentives provided or expenditures made by a corporation under the agreement and to specify the terms under which repayment must be made if the business enterprise does not meet the performance requirements specified in the agreement; and WHEREAS, the Company or its affiliates is owner of that certain real property located in Coma] County, Schertz, Texas and containing approximately 66.9 acres ( "Schertz Land "), as more precisely described on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the Company desires to further develop the Schertz Land by installing certain improvements at and to the intersection of Schertz Parkway and Lookout Road as more fully set forth herein. WHEREAS, the Corporation adopted the Schertz Incentive Policy in May 2017 to guide and ensure consistency when providing incentives within the City to promote economic development; and WHEREAS, the Corporation desires to offer an Infrastructure Grant to the Company to enable it to develop the Schertz Land pursuant to this Agreement in substantial conformity with the Schertz Incentive Policy and the Act; and 1 WHEREAS, the construction of the Infrastructure Improvements (as defined below), as proposed, will contribute to the economic development of the City promoting and developing expanded business enterprises, increased development, increased real property value and tax revenue for the City, and will have both a direct and indirect positive overall improvement /stimulus in the local and state economy; and WHEREAS, the Parties are executing and entering into this Agreement to set forth certain terms and obligations of the Parties with respect to such matters herein; and WHEREAS, the Parties recognize that all agreements of the Parties hereto and all terms and provisions hereof are subject to the laws of the State of Texas and all rules, regulations and interpretations of any agency or subdivision thereof at any time governing the subject matters hereof, and WHEREAS, the Parties agree that all conditions precedent for this Agreement to become a binding agreement have occurred and been complied with, including all requirements pursuant to the Texas Open Meetings Act and all public notices and hearings; if any, have been conducted in accordance with Texas law; and WHEREAS, on the Effective Date, the commitments contained in this Agreement shall become legally binding obligations of the Parties. NOW, THEREFORE, in consideration of the mutual covenants, benefits and agreements described and contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and further described herein, the Parties agree as follows: 1. Recitals. The recitals set forth above are declared true and correct by the Parties and are hereby incorporated as part of this Agreement. ARTICLE II AUTHORITY AND TERM 1. Authority. The Corporation's execution of this Agreement is authorized by the Act and constitutes a valid and binding obligation of the Corporation. The Corporation acknowledges that the Company is acting in reliance upon the Corporation's performance of its obligations under this Agreement in making the decision to commit substantial resources and money to the construction and establishment of the Project (as defined below), hereinafter constructed and established. 2. Term. This Agreement shall become enforceable upon the Effective Date, hereinafter established, and shall continue until the Expiration Date, hereinafter established, unless terminated sooner or extended by written mutual agreement of the Parties in the manner provided for herein. 2 3. Pup2ose. The purpose of this Agreement is to formalize the agreements between the Company and the Corporation for the granting of funds to cover certain costs associated with the Project and specifically state the covenants, representations of the Parties, and the incentives associated with the Company's commitment to abide by the provisions of the Act and to abide by the terms of this Agreement which has been approved by the Corporation and the Company as complying with the specific requirements of the Act. It is expressly agreed that this Agreement constitutes a single transaction. A failure to perform any obligation by the Parties may constitute a Default and shall terminate any further commitments (if any) by the non - defaulting Party unless an alternative penalty or remedy is provided for herein. 4. Administration of Agreement. Upon the Effective Date, the Corporation delegates the administration and oversight of this Agreement to the Executive Director of the Corporation. Any proposed amendments to the Agreement shall require the approval of the Board of Directors of the Corporation. ARTICLE III DEFINITIONS As used in this Agreement, the following terms shall have the meanings ascribed below. All undefined terms shall retain their usual and customary meaning as ascribed by common and ordinary usage. "Bankruptcy" shall mean the dissolution or termination of a Party's existence as a going business, insolvency, appointment of receiver for any party of such Party's property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such party and such proceeding is not dismissed within ninety (90) days after the filing thereof. "Calendar Year" shall mean January 1 through December 31. "Certificate of Occupancy" shall mean the signed certificate issued by the City of Schertz Inspection Division confirming that the entire work covered by the building permit and plans are in place for the Facility or Facilities. "Default" unless otherwise specifically defined or limited by this Agreement shall mean failure by any Party to timely and substantially comply with any performance requirement, duty, or covenant set forth in this Agreement. "Effective Date" shall be the date of the last signing by a party to this Agreement. "Expiration Date" shall mean the earlier of- 1. Eight (8) years from the Effective Date; or 2. The date of termination provided for under Article VII of this Agreement. "Facility or Facilities" shall mean one or more vertical commercial or industrial improvements constructed on Schertz Land by Company, its affiliates, successors or assigns. "Force Majeure" shall mean any contingency or cause beyond the reasonable control of a Party, including, without limitation, acts of God or the public enemy, war riot, civil commotion, insurrection, government or de facto governmental action (unless caused by the intentionally wrongful acts or omissions of a Party), fires, explosions or floods, strikes, slowdowns or work stoppages. "Infrastructure Grant" shall have the meaning set forth in Article IV, Section 1. "Infrastructure Improvements" shall mean those items set forth in Article V, Section 1, as approximately depicted in Exhibit `B -1" and Exhibit `B -2" and those Plans and Specifications as submitted and to be approved by the City. "Letter of Acceptance" shall mean a signed letter issued by the City accepting the Infrastructure Improvements. "Project" shall mean the design, engineering and construction of the Infrastructure Improvements at and to the intersection of Schertz Parkway and Lookout Road. "Project Costs" shall mean all hard and soft costs incurred by Company for the design, engineering and construction of the Infrastructure Improvements, and shall specifically include, but not be limited to, due diligence costs, engineering, surveying, permitting, planning, and construction, and exclude any management fee for Company. "State of Texas" shall mean the Office of the Texas Comptroller, or its successor. ARTICLE IV 1. Infrastructure Grant. Subject to the satisfaction of all the terms and conditions of this Agreement and the obligation of the Company to repay the Infrastructure Grant pursuant to Article VIII hereof, the Corporation shall pay the Company, for the Project, the Project Costs incurred by the Company to design, engineer and construct the Infrastructure Improvements, in an amount not to exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS and NO /100 ($750,000.00) (the "Infrastructure Grant "). The Infrastructure Grant shall be payable by the Corporation to the Company upon receipt of the Letter of Acceptance and confirmation that the Company has paid ONE HUNDRED PERCENT (100 %) of all costs associated with the Infrastructure Improvements. 2. Current Revenue. The Infrastructure Grant shall be paid solely from lawfully available funds of the Corporation. Under no circumstances shall the obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. The Corporation represents and warrants that it has funds available for distribution sufficient to fully and timely pay the full Infrastructure Grant, will reserve such funds solely for such purpose, and will not make any special or general allocations of the Corporation's current and future funds that would render the Corporation unable to timely make the full Infrastructure Grant along with its other obligations. None of the obligations under this Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or similar financial institution. M 3. Confidentiality. The Corporation agrees to keep all information and documentation received pursuant to this Agreement confidential to the extent allowed under the Texas Public Information Act (TPIA). In the event a request is made for such information, Corporation will notify the Company and follow the process stated in the TPIA for determining what information must be released and what information should be withheld until seeking a ruling from the Attorney General of Texas. ARTICLE V PERFORMANCE OBLIGATIONS OF COMPANY The obligation of the Corporation to pay funds from the Infrastructure Grant shall be conditioned upon the Company's continued compliance with and satisfaction of each of the performance obligations set forth in this Agreement. 1. Infrastructure Improvements. The Company will perform the following upon the Schertz Land at and to the Schertz Parkway and Lookout Road intersection, as further approximately depicted on Exhibit `13-1" and Exhibit "13-2 ": (a) Construct the Infrastructure Improvements as approximately depicted in Exhibit `13-1" and Exhibit `13-2" and as set forth in the Plans and Specifications as submitted and to be approved by the City. (e) Construct the Infrastructure Improvements in accordance with City of Schertz Public Works Design Specifications. (f) Competitively bid all of the Infrastructure Improvements. (g) Allow access by the Corporation to all construction documents related to the Infrastructure Improvements during the term of the Agreement. (h) Commence design of the Project within one - hundred eighty (180) days from the Effective Date and complete the Infrastructure Improvements within three - hundred sixty -five (365) days from the Effective Date. 2. Payment of Legal Fees. Each Party shall bear its own legal fees in connection with the negotiation of this Agreement. The Company commits to reimburse the Corporation for the necessary legal fees in the preparation of any amendments to this Agreement, if and when such amendment is required by the Company. Timely payment shall be made within sixty (60) days of submittal of invoice to the Company by the Corporation or its assigns. 3. Jobs Created. The Company's capital investment will result in the initial creation of a minimum Zero (0) jobs at business enterprises operating within the Schertz Land on or before the date that is Eight (8) years after the Effective Date. 4. Capital Investment. The Company shall make a minimum capital investment of ELEVEN MILLION DOLLARS and NO /100 ($11,000,000.00), on or before the date that is Eight (8) years after the Effective Date, in the form of the development and construction of any Facility or Facilities, the totality of which satisfies the aforementioned capital investment requirement, (commenced as of the Effective Date herein evidenced by issued building permit for the Facility 5 or Facilities, as the case may be) by Company, its affiliates, successors or assigns, upon the Schertz Land and verified through the receipt of a signed Certificate of Occupancy for said Facility or Facilities confirming that the entire work covered by the building permit and plans are in place for said Facility or Facilities, issued by the City of Schertz Inspections Division before the Expiration Date of the Agreement. ARTICLE VI COVENANTS AND DUTIES 1. The Company's Covenants and Duties. The Company makes the following covenants and warranties to the Corporation, and agrees to timely and fully perform the obligations and duties contained in Article V of this Agreement. Any false or substantially misleading statements contained herein or failure to timely and fully perform those obligations and duties within this Agreement shall be an act of Default by the Company. (a) The Company is authorized to do business and is in good standing in the State of Texas and shall remain in good standing in the State of Texas during any term of this Agreement. (b) The execution of this Agreement has been duly authorized by the Company's authorized agent, and the individual signing this Agreement is empowered to execute such Agreement and bind the Company. Said authorization, signing, and binding effect is not in contravention of any law, rule, regulation, or of the provisions of the Company's operating agreement, or of any agreement or instrument to which the Company is a party to. (c) The Company is not a party to any Bankruptcy proceedings currently pending or contemplated, and the Company has not been informed of any potential involuntary Bankruptcy proceedings. (d) To its current, actual knowledge, the Company has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in the City and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. (e) The Company agrees to obtain or cause to be obtained, all necessary permits and approvals from City and /or all other governmental agencies having jurisdiction over the construction of the Infrastructure Improvements. (f) The Company shall be responsible for paying, or causing to be paid, to the City and all other governmental agencies the cost of all applicable permit fees and licenses required for construction of the Infrastructure Improvements. The Company agrees to develop the Project in accordance with the ordinances, rules, and regulations of the City in effect on the date the Plans and Specifications for the Project are approved by the City. The Company, in its sole discretion, may choose to comply with any or all City rules promulgated after the Effective Date of this Agreement. 2 (g) The Company agrees to commence and complete the Project in strict accordance with this Agreement. (h) The Company shall cooperate with the Corporation in providing all necessary information to assist them in complying with this Agreement. (i) During the term of this Agreement, Company agrees to not knowingly employ any undocumented workers as part of the Project, and, if convicted of a violation under 8 U.S.C. Section 1324a (1), Company shall be in Default (subject to the remedies in Article V above). Company is not liable for an unknown violation of this Section by a subsidiary, affiliate, or franchisee of Company or by a person with whom Company contracts provided however that identical federal law requirements provided for herein shall be included as part of any agreement or contract which Company enters into with any subsidiary, assignee, affiliate, or franchisee for which the Operations Grant and Annual Grant provided herein will be used. 0) Company shall not be in arrears and shall be current in the payment of all City taxes and fees as to the Schertz Land. 2. Corporation's Covenants and Duties. (a) Infrastructure Grant. The Corporation is obligated to pay the Company an Infrastructure Grant in the amount of SEVEN HUNDRED FIFTY THOUSAND AND NO /100 DOLLARS ($750,000.00). The Infrastructure Grant shall be paid in accordance with Article IV, Section 1 within thirty (30) days after receiving written notice from the Company. (b) The Corporation represents and warrants to the Company that this Agreement is within their authority, and that they are duly authorized and empowered to enter into this Agreement, unless otherwise ordered by a court of competent jurisdiction. (c) The Corporation shall cooperate with the Company in providing all necessary information and documentation to assist them in complying with this Agreement. 3. Compliance and Default. Failure by the Company to timely comply with any performance requirement, duty, or covenant shall be considered an act of Default and shall give the Corporation the right to terminate this Agreement and collect the Recapture Amount (as defined below), if applicable. ARTICLE VII TERMINATION 1. Termination. This Agreement shall terminate upon the earliest occurrence of any one or more of the following: (a) The written agreement of the Parties, or their affiliates, successors or assigns; 7 (b) The Company, its affiliates, successors or assigns satisfying the performance obligations set forth in Article V; (c) The Agreement's Expiration Date; or (d) Default by the Company of the terms and conditions set forth herein. ARTICLE VIII DEFAULT 1. The Company's Events of Default. The following shall be considered an Event of Default by the Company: (a) Failure of the Company to perform any term, covenant or agreement contained in this Agreement; (b) The Corporation determines that any representation or warranty contained herein or in any financial statement, certificate, report or opinion prepared and submitted to Corporation in connection with or pursuant to the requirements of this Agreement was incorrect or misleading in any material respect when made; (c) Any judgment is assessed against the Company or any attachment or other levy against the property of the Company with respect to a claim remains unpaid, unstayed on appeal, not discharged, not bonded or not dismissed for a period of ninety (90) days; (d) The Company makes an assignment for the benefit of creditors; files a petition in bankruptcy; is adjudicated insolvent or bankrupt; petitions or applies to any tribunal for any receiver or any trustee of the Company or any substantial part of the Schertz Land; commences any action relating to the Company under any reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction whether now or hereafter in effect; or if there is commenced against the Company any such action and such action remains undismissed or unanswered for a period of ninety (90) days from such filing; or (e) The Company changes its present ownership more than fifty -one (51%) without written notification to the Corporation within thirty (30) days of such change. 2. Corporation Events of Default. The Corporation fails to fulfill an obligation set forth within the terms and conditions of this Agreement. 3. Remedies for Default (a) The Company's sole remedy under this Agreement is specific performance for Corporation's Default of its obligations under Section IV of this Agreement. (b) In the event of Default by the Company, the Corporation shall provide the Company written notice of Default, and a minimum period of ninety (90) days after the receipt of said notice to cure such default. If the Company fails to cure such default or fails to take significant action to cure such default, the Corporation shall, as its sole and exclusive remedy for Default hereunder, have the right to terminate this Agreement, and (i) not make the Infrastructure Grant payment if distribution in accordance with Article IV, Section 1 has not yet occurred, or (ii) recapture one hundred percent (100 %) of the funds actually distributed from the Infrastructure Grant to Company if payment under Article IV, Section 1 has already been distributed (the "Recapture Amount "). The Recaptured Amount shall be paid by Company within thirty (30) days after the date Company is notified by the Corporation of such Default (the "Payment Date "). In the event the Recaptured Amount is not repaid by the applicable Payment Date, the unpaid portion thereof shall accrue interest at the rate of three percent (3 %) per annum from the Effective Date until paid in full. 4. Limitation on Use of Funds in the Event of Default. Under no circumstances will the funds received under this Agreement be used, either directly or indirectly, to pay costs or attorney fees incurred in any adversarial proceeding regarding this Agreement against the City or the Corporation. ARTICLE IX MISCELLANEOUS 1. Binding Agreement. The terms and conditions of this Agreement shall be binding on and inure to the benefit of the Parties, and their respective successors and assigns. The Executive Director of the Corporation shall be responsible for the administration of this Agreement and shall have the authority to execute any instruments, duly approved by the Corporation, on behalf of the Parties related thereto. 2. Mutual Assistance. The Parties will do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out such terms and provisions. 3. Assignment. The Company shall have the right to assign all of its rights, duties, and obligations under this Agreement to a duly qualified third party with prior written approval of the Corporation, which approval shall not be unreasonably withheld, conditioned or delayed. Any assignment provided for herein shall not serve to enlarge or diminish the obligations and requirements of this Agreement, nor shall they relieve the Company of any liability to the Corporation including any required indemnity in the event that any Assignee hereof shall at any time be in Default of the terms of this Agreement The Corporation may demand and receive adequate assurance of performance including the deposit or provision of financial security by any proposed assignee prior to its approval of an assignment. 4. Independent Contractors. (a) It is expressly understood and agreed by all Parties hereto that in performing their services hereunder, Company at no time will be acting as an agent of the Corporation and that all consultants or contractors engaged by Company respectively will be independent contractors of Company; and nothing contained in this Agreement is intended by the Parties to create a partnership or joint venture between the Parties and any implication to the contrary is hereby expressly disavowed the Parties hereto understand and agree that the Corporation will not be liable for any claims that may be asserted by any third party occurring in connection with services performed by Company respectively under this Agreement, unless any such claims are due to the fault of the Corporation. 0 (b) By entering into this Agreement, except as specifically set forth herein, the Parties do not waive, and shall not be deemed to have waived, any rights, immunities, or defenses either may have, including the defense of parties, and nothing contained herein shall ever be construed as a waiver of sovereign or official immunity by the Corporation with such rights being expressly reserved to the fullest extent authorized by law and to the same extent which existed prior to the execution hereof. (c) No employee of the Corporation, or any board member, or agent of the Corporation, shall be personally responsible for any liability arising under or growing out of this Agreement. 5. Notice. Any notice required or permitted to be delivered hereunder shall be deemed delivered by actual delivery, or on the first business day after depositing the same in the hands of a reputable overnight courier (such as United States Postal Service, FedEx or UPS) and addressed to the Party at the address set forth below: If intended for SEDC: City of Schertz Economic Development Corporation Attention: Exec. Dir. of Economic Development 1400 Schertz Parkway Schertz, TX 78154 With a copy to: Denton, Navarro, Rocha, Bernal, & Zech, PC Attention: Charles E. Zech 2517 North Main Avenue San Antonio, TX 78212 If to Company: Titan Lookout, LLC Attention: Kevin L. Reid 9601 McAllister Fwy., Suite 1120 San Antonio, TX 7821.6 With a copy to: Titan Development Attn: Christopher M. Pacheco 6300 Riverside Plaza Ln. NW, Suite 200 Albuquerque, NM 87120 Any Party may designate a different address at any time upon written notice to the other Parties. 6. Governmental Records. All invoices, records and other documents required for submission to the City pursuant to the terms of this Agreement are Governmental Records for the purposes of Texas Penal Code Section 3 7. 10 7. Governing Law. The Agreement shall be governed by the laws of the State of Texas, and the venue for any action concerning this Agreement shall be in the Courts of Guadalupe County. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 8. Amendment. This Agreement may be amended by mutual written agreement of the Parties, as approved by the Board of Directors of the Corporation. 10 9. Legal Construction. In the event any one or more of the provisions contained in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions of this Agreement, and it is the intention of the Parties to this Agreement that, in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid, or unenforceable. 10. Interpretation. Each of the Parties has been represented by counsel of their choosing in the negotiation and preparation of this Agreement. Regardless of which Party prepared the initial draft of this Agreement, this Agreement shall, in the event of any dispute, whatever its meaning or application, be interpreted fairly and reasonably and neither more strongly for or against any Party. 11. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written agreement between the Parties that, in any manner, relates to the subject matter of this Agreement, except as provided for in any Exhibits attached hereto or duly approved amendments to this Agreement, as approved by the Board of Directors of the Corporation. 12. Paragraph Headings. The paragraph headings contained in this Agreement are for convenience only and will in no way enlarge or limit the scope or meaning of the various and several paragraphs. 13. Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 14. Exhibits. Any Exhibits attached hereto are incorporated by reference for all purposes. 15. Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 16. Indemnification. COMPANY AGREES TO DEFEND, INDEMNIFY AND HOLD THE CORPORATION AND THE CITY, AND THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL REASONABLE LIABILITIES, DAMAGES, CLAIMS, LAWSUITS, JUDGEMENTS, ATTORNEY FEES, COSTS, EXPENSES AND ANY CAUSE OF ACTION THAT DIRECTLY RELATES TO ANY OF THE FOLLOWING: ANY CLAIMS OR DEMANDS BY THE STATE OF TEXAS THAT THE CORPORATION HAS BEEN ERRONEOUSLY OR OVER -PAID SALES AND USE TAX FOR ANY PERIOD DURING THE TERM OF THIS AGREEMENT AS A RESULT OF THE FAILURE OF COMPANY TO MAINTAIN • PLACE OF BUSINESS AT THE PROPERTY OR IN THE CITY OF SCHERTZ, OR AS • RESULT OF ANY ACT OR OMISSION OR BREACH OR NON - PERFORMANCE BY COMPANY UNDER THIS AGREEMENT EXCEPT THAT THE IMDEMNITY PROVIDED HEREIN SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE ACTION OR OMISSIONS OF THE CORPORATION OR CITY. THE PROVISIONS OF THIS SECTION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT 11 BEING THE INTENTION OF THE PARTIES THAT COMPANY SHALL BE RESPONSIBLE FOR THE REPAYMENT OF ANY FUNDS PAID TO COMPANY HEREIN THAT INCLUDES CITY SALES TAX RECEIPTS THAT THE STATE OF TEXAS HAS DETERMINED WAS ERRONEOUSLY PAID, DISTRIBUTED OR ALLOCATED TO THE CORPORATION. 17. Additional Instruments. The Parties agree and covenant to cooperate, negotiate in good faith, and to execute such other and further instruments and documents as may be reasonably required to fulfill the public purposes provided for and included within this Agreement. 18. Force Majeure. Whenever a period of time is herein prescribed for action to be taken by Company, Company shall not be liable or responsible for, and there shall be excluded from the computation of any such period of time, any delays due to causes of any kind whatsoever which are caused by Force Majeure. 19. Time Periods. Unless otherwise expressly provided herein, all periods for delivery or review and the like will be determined on a "calendar" day basis. If any date for performance, approval, delivery or Closing falls on a Saturday, Sunday or legal holiday (state or federal) in the State of Texas, the time therefor will be extended to the next day which is not a Saturday, Sunday or legal holiday. [SIGNATURE PAGE IMMEDIATELY FOLLOWING] 12 Executed on this day of , 2018. COMPANY: Titan Lookout, LLC A Texas limited liability company By: Titan Lookout Management, LLC Its Manager Lo STATE OF TEXAS X COUNTY OF BEXAR X Kevin L. Reid, Manager This information was acknowledged before me on this day of , 2018 by Kevin L. Reid, as Manager of Titan Lookout Management, LLC, as manager of Titan Lookout, LLC, a Texas limited liability company, on behalf of said company. Notary Public, State of Texas Notary's typed or printed name My commission expires 13 Executed on this day of 12018. CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION M Name: Tim Brown Title: President STATE OF TEXAS X COUNTY OF GUADALUPE X This information was acknowledged before me on this day of 12018 by Tim Brown, as President of the City of Schertz Economic Development Corporation, a Texas non-profit industrial development corporation, on behalf of said agency. APPROVED AS To FORM: WE SEDC Attorney 14 Notary Public, State of Texas Notary's typed or printed name My commission expires EXHIBIT "A" 04a,101tAVA W.1%,11 3001' A013004'A191111116, Lot 9 and Lot 10 of Enterprise Industrial Park as shown on plat titled "Replat of Enterprise Industrial Park Subdivision Lot 7 Establishing Lot 9 and Lot 10, being 45.82 Acres of Land Previously Platted as Lot 7 Document #201606035822 in the City of Schertz, Comal County, Texas ", recorded on November 15, 2017, as Document #201706050393, plat records of Comal County, Texas. and Lot 6 of Enterprise Industrial Park as shown on plat titled "Replat of Enterprise Industrial Park Subdivision Establishing Lot 5, Lot 6, Lot 7 and Lot 8, being 105.71 Acres of Land, in the City of Schertz, Comprising of Lot 5 (20.77 Acres), Lot 6 (21.22 Acres), Lot 7 (45.82 Acres) and Lot 8 (18.01 Acres), Comal County, Texas ", recorded on September 16, 2016, as Document #201606035822, plat records of Comal County, Texas. 15 EXHIBIT "B-I" SCHERTZ LAND INFRASTRUCTURE IMPROVEMENTS PHASE I - ENTRANCE 16 EXHIBIT "B -2" SCHERTZ LAND INFRASTRUCTURE IMPROVEMENTS w 17 Agenda No. 13 CITY COUNCIL MEMORANDUM City Council Meeting: August 28, 2018 . Department: Police Subject: Resolution No. 18 -R -120 Authorizing Acting City Manager to enter into an agreement for the purchase of Watch Guard in -car / body worn camera system bundles and establishing a maximum not to exceed purchase amount of $121,600 for Fiscal Year 2017/2018. Background Within each fiscal budget year, the Police Department request to purchase in -car / body worn video recording systems. During the 2017/2018 budget year, the police department was authorized to purchase Watch Guard in -car / body worn video recording systems under Resolution No. 17 -R -96. During this budget year, the purchase of an Emergency Operations Vehicle was made utilizing department seizure funds, with this vehicle being outfitted with a Watch Guard in -car video recording system. In addition to this, the police department received a donation for the purchase of Watch Guard body worn video cameras. Neither of these cameras systems from Watch Guard were originally included in the dollar amount of $81,510.00, which was approved by Council under Resolution No. 17 -R -96. Goal To authorize the purchase of additional Watch. Guard in -car and body worn cameras, with the cost not to exceed an additional $39,650.00 from the previously approved amount of $81,51.0.00. The total amount for purchases from Watch Guard during the 2017/2018 budget will now not exceed $121,160.00. Summary of Recommended Action Approval of this resolution will allow the purchase of additional Watch Guard in -car / body worn video recording systems. The purchase of these video recording systems will be completed through Watch Guard, under BuyBoard agreement #524 -17 Fiscal Impact The purchase of these recording systems will be funded through the city's general fund, donations and the department's seizure funds. The overall fiscal impact of this project will be $121,160.00. Recommendation Approval of Resolution 18 -R -120 authorizing the Acting City Manager to enter into an agreement with Watch Guard for a total not to exceed price of all purchases in Fiscal Year 2018 of $121,160.00 Attachment(s) Resolution 1.8 -R -1.20 Resolution 17 -R -96 RESOLUTION NO. 18 -R -120 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF IN -CAR / BODY WORN CAMERA SYSTEM BUNDLES AND ESTABLISHING A MAXIMUM NOT TO EXCEED PURCHASE AMOUNT OF $121,600 FOR FISCAL YEAR 2017/2018 AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the Schertz Police Department has a need to purchase in -car / body worn video recording systems; and WHEREAS, the Schertz Police Department was authorized to purchase thirteen (13) in- car/body worn video recording systems by Resolution 17 -R -96; and WHEREAS, after receiving donations for body cameras and needing to outfit additional new patrol vehicles, the Schertz Police Department is now requesting the purchase of eight (8) additional in -car cameras and fifteen (15) additional body cameras; and WHEREAS, these additional cameras will cost $39,650.00 more than the previously set not to exceed price of $81,510.00 for a new not to exceed price of $121,160.00 for fiscal year 2017 -2018; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Watch Guard. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Acting City Manager to enter into an agreement to purchase additional Watch Guard in -car and body -worn cameras with a total not to exceed amount of $121,600.00 for Fiscal Year 2017 -2018. 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 28th day of August, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Donna Schmoekel, Deputy City Secretary (CITY SEAL) 50234811.1 EXHIBIT A 50234811.1 A -�. RESOLUTION NO. 17 -R -96 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF THIRTEEN (13) VIDEO RECORDING SYSTEMS. WHEREAS, the Schertz Police Department has a need to purchase thirteen (13) in -car / body worn video recording systems; and WHEREAS, the Schertz Police Department has done due diligence in investigating what video recording system best suits the needs of the department, to obtain the best pricing and to provide the best quality recording system that ensures longevity in its use; and WHEREAS, the Schertz Police Department has chosen Watch Guard, a BuyBoard National Purchasing Cooperative vendor, for the purchase of thirteen (13) in -car / body worn video recording systems; and WHEREAS, the BuyBoard National Purchasing Cooperative is a national online purchasing cooperative formed between the National School Boards Association and several state school boards associations, developed to comply with state laws which require government entities to make purchases through a competitive procurement process; and WHEREAS, BuyBoard gives public entities the advantage of leveraging the cooperative's ability to obtain bulk discounts, combined with the ease of online, web -based shopping and ordering; and WHEREAS, purchases under the cooperative programs meet the requirements under the Texas Local Government Purchasing Code rule for cooperative purchases as adopted by the City of Schertz Resolution 11 -R -41 on August 30, 2011 amending the City's purchasing policy; and WHEREAS, the City of Schertz will fund the purchase of the video recording systems through the city's general fund. WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Watch Guard, pursuant to the vendor quote and relevant BuyBoard award information attached hereto as Exhibit A (the "Supporting Documentation "). 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 accept the BuyBoard quote attached in Exhibit A and issue a Purchase Order compliant with the BuyBoard member procedures to Watch Guard, in the amount of EIGHTY ONE THOUSAND, FIVE HUNDERED AND TEN DOLLARS ($81,510.00). 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 14 th day of November, 2017. CITY OF S ERTZ, TEXAS i Michael R. Carpenter, Mayor ATTEST Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A AGREEMENT 50234811.1 A -1 CUSTOMER: Schertz Police Department Attn: Accounts Payable, 1404A Schertz Pkwy„ Schertz,TX,United States, 78154 ATTENTION: Marc Bane PHONE: 210 -619 -1200 BuyBoard # 524 -17 ISSUED: 9/21/2017 5:59 PM EXPIRATION: 12/31/2017 6:00 AM SALES CONTACT: Dave Childress DIRECT: (281) 782 -2544 E -MAIL: DChildress@WatchGuardVideo.com 4RE and VISTA Proposal VISTA HD Cameras and Options Part Number Detail Qty Direct Discount Total Price VISTA HD WiFi and 4RE System Bundle. Includes 4RE Standard DVR Camera System with integrated 20OGB automotive grade hard drive, ZSL camera, 16GB USB removable thumb drive, rear facing cabin camera, GPS, VIS- EXT -WIF -BUN hardware, cabling and your choice of mounting 13.00 $5,495.00 $0.00 $71,435.00 bracket. It will also include the VISTA HD Wi- Fi Extended Capacity Wearable Camera with 9 hours continuous HD recording, one camera mount, 32 GB of storage, Wi -Fi docking base, Power over Ethernet Smart Switch VIS- CHG -BS2 -KIT VISTA Charging Base R2 Kit, incl. Power and 13.00 $95.00 $0.00 $1,235.00 USB Cables VISTA HD Warranties Part Number Detail Qty Direct - __..___.. ._.__.. _ Discount .._. -... Total Price ... _ .... _.. WAR - VIS -CAM -1ST Warranty, VISTA 1st Year (Months 1.12) 13.00 $0.00 $0.00 $0.00 Included Evidence Library 4 Web Software and Licensing Part Number Detail - -- .-..-._...._. _.- _..__......_._ Qty —_.._.._...—..__...--_ Direct Discount .... .... Total Price _ ...... ..- -.... ...._ ..- ......__..- Evidence Library 4 Web VISTA Combo - Discount KEY- EL4 -DEV 004 13.00 ..... -- $75.00 ..... - _ ......... _ _.__._........ $0.00 $975.00 Device License Key KEY - EL4 - DEV -001 Evidence Library 4 Web 4RE In -Car Device 13.00 $150.00 $0.00 $1,950.00 License Key 4RE In -Car System and Options Part Number Detail Qty Direct Discount Total Price -- - .... -- - —... -- - - -... — - -- t Camera, 4RE, HD Panoramic, (Reduced CAM -4RE- PAN -NHD -- -- 13.00 ......._. —.. ----- ....--- $200.00 ...---- ....._.._... - ._._... $0.00 _ $2,600.00 EFrro Wireless Video Transfer and Networking Options Part Number Detail — ...._._...._...__.........._.. Qty Direct Discount Total Price - - - - - -- ....... - -- .._...... ...... - .... -_.- ...... _ .... -..__ ................. - ... - ........ _ .... _.__ 4RE -WRL- KIT -101 MikroTik Configured Wireless Kit, 4RE In -Car ... __........... 13.00 ........ _- ..... _ .... --- ......... _ ... $200.00 _ .... _ ...... _ ........... _ ....... _ ..... _ ......... $0.00 _...._._......_ - __......._ $2,600.00 802.11n (Radio, Antenna, PoE, 2-10' Ethernet 415 Century Parkway • Allen, TX • 75013 Toll Free (800) 605 -6734 • Main (972) 423 -9777 • Fax (972) 423 -9778 www. WatchGuardVideo. com Page 1 of 2 Cables) 4RE Hardware Warranties Part Number Detail WAR -4RE- CAR -1ST Warranty, 4RE, In -Car, 1st Year (Months 1 -12) Shipping and Handling Part Number Detail Freight Shipping/ Handling and Processing Charges Configuration Discounts Additional Quote Discount Quote Qty Direct Discount Total Price 13.00 $0.00 $0.00 $0.00 Qty Direct Discount Total Price 1.00 .$715.00 $0.00 $715.00 $81,510.00 Total Estimated Tax, may vary from State to State $0.00 $0.00 $0.00 NOTE: This is only an estimate for 4RE 13 VISTA related hardware, software and WG Technical Services. Actual costs related to a turn -key operation requires more detailed discussion and analysis, which will define actual back - office costs and any costs associated with configuration, support and installation. Please contact your sales representative for more details. To accept this quotation, sign, date and return with Purchase Order: 415 Century Parkway • Allen, TX • 75013 Toll Free (800) 605 -6734 • Main (972) 423 -9777 • Fax (972) 423 -9778 www.WatchGuardVideo.com DATE: Page 2 of 2 Agenda No. 14 CITY COUNCIL MEMORANDUM City Council Meeting: August 28, 2018 Department: Council Subject: Ordinance No. 18 -M -30 an Ordinance authorizing and amending the City Council Rules of Conduct and Procedure: repealing all ordinances or parts of ordinances in conflict with this ordinance (First Reading) At the City Council meeting of August 14, 2018 . members of Council voted 6 -1 to make the following changes to their Rules of Conduct and Procedure: The following sections will be updated: Article 5 Section 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Council will discuss, and with a majority vote, appoint the Councilmember to serve as the Mayor Pro Tem for the City. (b) The appointed Mayor Pro Tem must be a Councilmember and must meet the qualifications of Section 4.02 of the City Charter. In addition, to be appointed to the position of Mayor Pro Tem, a Councilmember must be an elected member of Council and a member in good standing. (c) Term dates for the Mayor Pro Tem position will begin in February and August of each year (the election dates offset by three (3) months). Terms will sequentially rotate according to Councilmember place. (d) If the Councilmember place that is up for appointment as Mayor Pro Tem is vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro Tem, the Mayor Pro Tem appointment will go to the next qualified Councilmember. (e) The position will have a term of office of six (6) months. (f) The appointed Mayor Pro Tem may be removed by Council by a two- thirds (2/3) majority vote of the members of Council at any time during his or her term. City Council Memorandum Page 2 (g) Council reserves the right to alter this procedure at any time by resolution or rule. The City Council Rules of Conduct and Procedures are adopted by Ordinance and require two (2) readings. This is the first reading of the Ordinance. Goal To clarify, update and amend the Council's Rules of Conduct and Procedures related to the above changes. Community Benefit To clearly establish procedures for council related to the Mayor Pro Tem appointment. Summary of Recommended Action. Approval of final reading of Ordinance No. 18 -M -30 amending the Council Rules of Conduct and Procedures to amend Article 5.1 Appointment Procedure for the Mayor Pro Tem. FISCAL IMPACT 0 ATTACHMENTS Ordinance No. 1.8 -M -30 First Reading ORDINANCE NO. 18 -M -30 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AND AMENDING CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz has previously adopted Rules of Conduct and Procedure for the conduct of meetings of the City Council 18 -M -09, 18 -M -20; and WHEREAS, the City Council discussed the following changes at their meeting of August 14, 2018; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend, update, and clarify the Rules of Conduct and Procedure as they relate to the appointment procedures of the Mayor Pro Tem. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the City Council Rules of Conduct and Procedure are amended as follows: Article 5 Section 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Council will discuss, and with a majority vote, appoint the Councilmember to serve as the Mayor Pro Tem for the City. (b) The appointed Mayor Pro Tem must be a Councilmember and must meet the qualifications of Section 4.02 of the City Charter. In addition, to be appointed to the position of Mayor :Pro Tem, a Councilmember must be an elected member of Council and a member in good standing. (c) Term dates for the Mayor Pro Tem position will begin in February and August of each year (the election dates offset by three (3) months). Terms will sequentially rotate according to Councilmember place. (d) If the Councilmember place that is up for appointment as Mayor Pro Tem is vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro Tem, the Mayor Pro Tem appointment will go to the next qualified Councilmember. (e) The position will have a term of office of six (6) months. (f) The appointed Mayor Pro Tem may be removed by Council by a two - thirds (2/3) majority vote of the members of Council at any time during his or her term. (g) Council reserves the right to alter this procedure at any time by resolution or rule. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 28TH day of August 2018. PASSED, APPROVED and ADOPTED ON SECOND READING, the _ day of September 2018. Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (Seal of City) CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these "Rules ") are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well -being of the community. There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act. As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: • Address the merits of the issues no personal attacks • Focus on representing the interests of all citizens. • Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. • Assume positive intentions — don't look for hidden agendas. • Observe the City's written Rules of Conduct and Procedure. • When others are speaking, listen with an open mind. • Recognize that inappropriate public disclosure of confidential information can be detrimental to the City and its citizens. • Understand that "majority rules ". Once a vote is taken, if you were in the minority agree to disagree and move on. Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. • Coordinate all requests of the City staff through the City Manager. 2 -13 -2018 Revised TABLE OF CONTENTS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ............................................................................ ............................... 2 &3 3.3 Recessed Meetings .............................................................................. ............................... 3 3.4 Adjourned Meetings ............................................................................ ............................... 3 3.5 Closed Sessions ................................................................................... ............................... 3 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tern ................................ ............................... 4 5.2 Appointment Procedure for a Councilmember .............................. ............................... 4 &5 2 -13 -2018 Revised i Page ARTICLE 1. AUTHORITY 1.1 City Charter ......................................................................................... ............................... 1 1.2 Effective Date; Amendment ............................................................... ............................... 1 ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public .......................................................................... ............................... 1 2.2 Attendance .......................................................................................... ............................... 1 2.3 Minutes of Meetings ........................................................................... ............................... 1. 2.4 Questions to Contain One Subject ...................................................... ............................... 2 2.5 Right to the Floor ................................................................................ ............................... 2 2.6 City Manager ...................................................................................... ............................... 2 2.7 City Attorney ...................................................................................... ............................... 2 2.8 City Secretary ...................................................................................... ............................... 2 2.9 Officers and Employees ...................................................................... ............................... 2 2.10 Rules of Order ..................................................................................... ............................... 2 2.11 Suspension of Rules ............................................................................ ............................... 2 2.12 Amendment to Rules ........................................................................... ............................... 2 2.1.3 Matters Not Addressed by Rules ........................................................ ............................... 2 ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ............................................................................ ............................... 2 &3 3.3 Recessed Meetings .............................................................................. ............................... 3 3.4 Adjourned Meetings ............................................................................ ............................... 3 3.5 Closed Sessions ................................................................................... ............................... 3 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tern ................................ ............................... 4 5.2 Appointment Procedure for a Councilmember .............................. ............................... 4 &5 2 -13 -2018 Revised i TABLE OF CONTENTS (continued) 9.1 Motions ............................................................................................... ............................... 8 Page Debate ................................................................................................. ............................... ARTICLE 6. 9.3 Motion Procedures ......................................................................... ............................... ORDER OF BUSINESS 9.4 6.1 Agenda ........................................................................................... ............................... 5 &6 6.2 Communication to Mayor and Council ............................................... ............................... 6 6.3 Approval of Minutes ........................................................................... ............................... 6 6.4 Presentations by Members of Council ................................................ ............................... 6 6.5 Consent Agenda .................................................................................. ............................... 6 To Postpone or Extend ...................................................................... ............................... ARTICLE 7. 9.1.0 To Refer ............................................................................................ ............................... CONSIDERATION OF ORDINANCES, :RESOLUTIONS, AND MOTIONS 9.11 7.1 Printed, Typewritten, or Electronic Form ........................................... ............................... 6 7.2 City Manager Review ......................................................................... ............................... 6 7.3 City Attorney to Approve ................................................................... ............................... 7 7.4 Funding ............................................................................................... ............................... 7 7.5 Reading of Caption Only .................................................................... ............................... 7 7.6 Ordinances -Two Readings; Emergencies ........................................ ............................... 7 7.7 Recording of Votes ............................................................................. ............................... 7 7.8 Vote Required ..................................................................................... ............................... 7 7.9 Tie Vote .............................................................................................. ............................... 7 7.1.0 Numbering Ordinances and Resolutions ............................................ ............................... 7 7.11 Ordinance Passage Procedure ............................................................. ............................... 7 ARTICLE 8 RULES OF DECORUM 8.1 Recognition by presiding officer ........................................................ ............................... 7 8.2 Order ................................................................................................... ............................... 7 8.3 Presiding Officer ............................................................................ ............................... 7 &8 8.4 Improper References to be Avoided ................................................... ............................... 8 8.5 Interruptions ........................................................................................ ............................... 8 ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions ............................................................................................... ............................... 8 9.2 Debate ................................................................................................. ............................... 8 9.3 Motion Procedures ......................................................................... ............................... 8 &9 9.4 Point of Privilege ................................................................................ ............................... 9 9.5 Point of Procedure or Order ................................................................ ............................... 9 9.6 To Appeal a Rul ing ...................................................................... ............................... 9 &1.0 9.7 To Recess .......................................................................................... ............................... 10 9.8 To Withdraw ..................................................................................... ............................... 10 9.9 To Postpone or Extend ...................................................................... ............................... 10 9.1.0 To Refer ............................................................................................ ............................... 10 9.11 To Amend .................................................................................. ............................... 10&11 9.12 To Limit or Close Debate or "Call the Question" ............................. ............................... 1.1 9.13 To Count the Vote ............................................................................. ............................... 11 9.1.4 To Take Action or Reconsider an Action; Main Motions ................ ............................... 11. 2 -3 -2018 Revised ii TABLE OF CONTENTS (continued) Page 9.15 To take action or Rescind motion ..................................................... ............................... 11 9.1.6 To Take Action; Main Motions ................................................. ............................... 11&12 9.17 Effect of Abstentions .................................................. .............................12 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning ............................................................................................... .............................12 10.2 Removal .............................................................................................. .............................12 10.3 Resisting Removal ............................................................................ ............................... 12 10.4 Motions to Enforce ........................................................................... ............................... 1.2 10.5 Adjournment .............................................................................. ............................... 12&13 ARTICLE 1.1. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ........................................................................ ............................... 1.3 11.2 Special Committees .......................................................................... ............................... 13 ARTICLE 1.2. CITIZENS' RIGHTS 1.2.1 Addressing the Council ..................................................................... ............................... 1.3 12.2 Manner of Addressing the Council — Time Limit ............................. ............................... 13 1.2.3 Personal and Slanderous Remarks .................................................... ............................... 13 12.4 Public Hearings .......................................................................... ............................... 13&14 1.2.5 Written Communications .................................................................. ............................... 14 12.6 Hearing of Residents ......................................................................... ............................... 14 ARTICLE 1.3. COUNCIL AND STAFF RELATIONS 1.3.1 City Manager to Provide Information ............................................... ............................... 1.4 13.2 City Manager's Responses to Requests ..................................... ............................... 14 &15 13.3 Directions to City Manager ............................................................... ............................... 15 13.4 City Manager's Duty to Inform ........................................................ ............................... 15 13.5 Customer Concerns ........................................................................... ............................... 15 13.6 City Manager /Council Relations ....................................................... ............................... 15 2 -3 -2018 Revised 1.11 ARTICLE 1. AUTHORITY 1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the Council and until such time as they are amended, or new rules are adopted. In the event of a conflict between these Rules and the Charter, the Charter shall govern over these Rules. In the event of a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public. All meetings of the Council and all meetings of committees composed of a quorum of the Council shall be open to the public as provided by State law, except when State law allows closed or Closed sessions for certain limited topics. 2.2 Attendance. Councilmembers shall attend all meetings of the Council. Absence of a Councilmember from a meeting shall be managed in accordance with 2.2 B. A. Quoru m. Four members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. B. Absences. In the event a Councilmember is unable to attend a meeting of the Council, the Councilmember shall notify either the Mayor or the City Secretary as soon as they become aware that they will be unable to attend. Notification may be accomplished via e -mail or telephone and must include the reason for the absence. Absences from meetings of the City Council that are due to occupational or business demands, personal or family illness or absence from the city shall be approved by the Council as excused. The City Secretary shall annotate the Councilmember's absence and the reason therefore in the minutes of the meeting from which the Councilmember is absent. Council approval of the subject minutes shall ratify the absence and the reason given therefore and thus excuse the absence. If a Councilmember raises an objection to the absence or the reason given therefore at the time the minutes are to be approved, the matter may be place on a future agenda for debate, discussion and further consideration. 2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Secretary and shall constitute the official record of the Council. Such minutes, after being approved by the Council (except any closed or closed session portion), shall be open to public inspection. The City Secretary shall provide an index showing the action 8 -28 -2018 Revised I of the Council in regard to all matters before to it at both regular and special meetings. A recording or "certified agenda" of each closed or closed session shall be made and maintained as required by State law. 2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff desiring to speak shall be recognized by the Mayor (or the presiding officer in the Mayor's absence) at an appropriate time and shall confine his /her remarks to the subject under consideration or to be considered. 2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council but shall have no vote. The City Manager shall be notified of all special meetings of the Council. 2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, and shall, upon request of the Council or the City Manager, give an opinion, either written or oral, on questions of law. 2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings of the Council, unless excused, and shall keep the official minutes. 2.9 Officers and Employ. Any officer or employee of the City, when requested by the City Manager, shall attend meetings of the Council. If requested to do so by the City Manager, they shall present information relating to matters before the Council. 2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council. 2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State law may be temporarily suspended by a majority vote of the Councilmembers who are present. The vote of each person on any such suspension shall be entered in the minutes. 2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings not addressed by these :Rules, the Charter, or State law shall be determined by the Mayor (or the presiding officer in the Mayor's absence). ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part II, Section 2 -2. The Council may also hold regularly scheduled meetings which may be designated by the Council as "workshop" sessions. 8 -28 -2018 Revised 2 3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or any three (3) members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, except that announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, hour, and place of the special meeting and shall identify the subject or subjects to be considered. 3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember's departure from the Council chamber. See Sections 9.3 and 9.4. 3.5. Closed Sessions. Closed sessions may only be held in accordance with state law. 3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency meeting may be called as a special meeting as set forth in Section 3.2, however, an emergency meeting may not be held unless authorized by, and notice is given in accordance, with State law. ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Maw. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the Mayor and the Mayor Pro -Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro -Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members' motives, and confine Councilmembers in debate to the question under discussion. 4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege, points of procedure or order, and withdrawals of motions, subject to the right of any member to appeal to the Council as set forth in Article 9 of these Rules. See Sections 9.3, 9.4, 9.5, 9.6, and 9.8. 4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken on all votes. 4.6 Substitution of Mayor. In the event the Mayor must relinquish the chair, the Mayor shall call upon the Mayor Pro -Tem to preside if the Mayor :Pro -Tem is present. If the Mayor 8 -28 -2018 Revised 3 Pro -Tem is not present, the Mayor may call upon the most senior Councilmember (by time of service on the Council) present to preside, but such substitution shall not continue beyond adjournment of that meeting. ARTICLE 5. APPOINTMENT PROCEDURES M°- s--- 1'- r= 1ml�o° -sl -calf -bhp t�l -- ley-- n�o°iy- vt�;l = -t; - °ity��il a.-r.'r¢xaxwinag ca-- i -as�e� G�a.. sxx-cra.r r *x ips*x-aa a. ca xxr-ca ca-cia, ,... ,... (a .lil' taw °v y 1pre 1'ro =1 -a-y - -b-ry n ° fnnl o Ana r t =`ausz °'l at a fir' his -oa �r 0 -- - - - - -® - G"o-Hn -il -r s�, ~ ~ tb alter -this c d tr t -any tip y ut n = . 1 Article 5 Section 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Council will discuss, and with a majority vote, appoint the Councilmember to serve as the Mayor Pro Tem for the City. (b) The appointed Mayor Pro Tem must be a Councilmember and must meet the qualifications of Section 4.02 of the City Charter. In addition, to be appointed to the position of Mayor Pro Tem, a Councilmember must be an elected member of Council and a member in good standing. (c) Term dates for the Mayor Pro Tem position will begin in February and August of each year (the election dates offset by three (3) months). Terms will sequentially rotate according to Councilmember place. (d) If the Councilmember place that is up for appointment as Mayor Pro Tem is vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro Tem, the Mayor Pro Tem appointment will go to the next qualified Councilmember. (e) The position will have a term of office of six (6) months. (f) The appointed Mayor Pro Tem may be removed by Council by a two - thirds (2/3) majority vote of the members of Council at any time during his or her term. (g) Council reserves the right to alter this procedure at any time by resolution or rule. 8 -28 -2018 Revised 4 5.2 Appointment Procedure for a Councilmember. (a) The Council may appoint a Councilmember to a vacant seat as authorized by Section 4.06 of the City Charter. (b) The Council will announce and advertise on the City's website and in the City's newspaper of record that applications are being accepted for a vacant position on Council. (c) A due date for applications to be submitted will be set. (d) Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of the City Charter. (e) Applications will be received by the City Secretary's office and distributed to all Councilmembers. (f) An interview date will be set and posted for a public meeting. (g) Interviews of prospective candidates will be held in a public forum by a quorum of Councilmembers. (h) Councilmembers will discuss, and appoint by majority vote, the new member of Council at either the same meeting as the interviews or at a subsequent Council meeting. (i) The Council is the final judge of whether a candidate is qualified to serve as a Councilmember as set forth in Section 4.03 of the City Charter. 0) Council reserves the right to alter this procedure at any time by resolution or rule. ARTICLE 6. ORDER OF BUSINESS 6.1 Agenda. The City Manager and the City Secretary shall prepare an agenda for each meeting of the Council. Items may be placed on the agenda by the City Manager (or in his absence any Assistant City Manager), the Mayor, or any Councilmember, except that a Councilmember directing that an item or items be placed on an agenda must do so in open session, during a properly posted meeting of the Council. Items placed on the agenda by the City Manager (or in his absence any Assistant City Manager) may be removed only by the City Manager (or any Assistant City Manager) and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on an agenda by the Mayor may be removed only by the Mayor, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on the agenda by a Councilmember may be removed only by that specific Councilmember, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. 8 -28 -2018 Revised 5 (a) Information Required. Any item to be on the agenda must be provided to the City Manager pursuant to a procedure established and modified by the City Manager from time to time. Each item on the agenda must contain sufficient information so that full disclosure of the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish the Mayor and each Councilmember a copy of the agenda, including the proposed ordinances, resolutions, petitions, notices, or other materials as required. Copies of attachments and background material will generally be provided for the initial presentation only and should be retained by the Mayor and the Councilmembers until such time as the item is finalized. (d) Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. (e) Order; Exception. The ordinances, resolutions, and other proposed actions shall be taken up and disposed of by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. (f) Chair Shall Not Entertain Objections. An agenda item properly placed on a future agenda by a member of Council during open session shall not be subject to objection by another member. 6.2 Communication to Mayor and Council. The City Manager shall provide the Council with a copy of each ordinance or resolution and appropriate analysis of items proposed to be acted upon by the Council at a meeting. These communications shall be delivered to the Mayor and Councilmembers along with the agenda. This information should also be retained by the Mayor and Councilmembers until such time as the item is finalized. Staff members, in making presentations to Council at a meeting of the Council, should endeavor to restrict their presentations to five (5) minutes, excluding responses to questions by the Mayor and /or Councilmembers. 6.3 Approval of Minutes. Minutes may be approved without public reading if the City Secretary has previously furnished the Mayor and each Councilmember with a copy thereof. 6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor and each Councilmember may bring before the Council any business that person believes should be brought up during the "Requests by Mayor and Councilmembers" and "Announcements by Mayor and Councilmembers" portions of the agenda. These matters need not be specifically listed on the agenda unless the person desiring to make a 8 -28 -2018 Revised 6 comment knows prior to posting of the agenda that he /she will make such comment. In response to an unposted comment, there (1) may only be a statement of factual . information in response, (2) a recitation of existing City policy, or (3) discussion regarding a proposal to place the subject on the agenda for a subsequent meeting. 6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant City Manager) with respect to items believed to be non - controversial, the City Secretary shall place multiple items on a "Consent Agenda" portion of the agenda, subject to the right of the Mayor or any Councilmember to request at the meeting that any one or more of such items be removed from the Consent Agenda for individual consideration. First readings of ordinances shall in all events be posted for individual consideration and shall not be included on the Consent Agenda. ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be presented to the Council only in printed, typewritten, or electronic form. 7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City Manager or his designee. 7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form and legal content by the City Attorney, when requested by the Mayor or the City Manager. 7.4 Funding. All actions authorizing an expenditure of money shall include the exact source of the funds to be expended. 7.5 Reading of Caption On1X. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6 Ordinances —Two Readings; Emergencies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that immediate action may be taken upon an emergency as determined by the Council in accordance the Charter or State law. 7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all ordinances and resolutions and shall be entered in the minutes of the Council. 7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise required by these Rules, the Charter, or State law, shall require the affirmative vote of four (4) Councilmembers who are present and eligible to vote. 7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as presiding officer shall not be restricted to voting only in the event of a tie. 8 -28 -2018 Revised 7 7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance on second reading or on a single reading as an emergency, the City Secretary shall assign a number to each ordinance or resolution within the records of the City. 7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and it shall be filed and thereafter preserved in the office of the City Secretary. ARTICLE 8. RULES OF DECORUM 8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the Council without first being recognized by the presiding officer. 8.2 Order. While the Council is in session, the Councilmembers must preserve the order and decorum of the meeting, and a Councilmember shall neither, by statement or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any other Councilmember while speaking or refuse to obey the orders of the presiding officer. Councilmembers are expected to remain on the dais during a Council meeting unless they have good cause to vacate. 8.3 Presiding Officer. The Mayor or the Mayor Pro -Tem or such other member of the Council who is serving as the presiding officer may participate in debate, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of such Councilmember acting as the presiding officer. If the presiding officer is engaged in debate and is, at the insistence of four (4) Council members, abusing the position of the presiding officer, the presiding officer must relinquish the chair to the Mayor Pro -Tem, or in his /her absence, to the next most senior Councilmember (by time of service on the Council) present. The Mayor Pro -Tem or such other member, other than the Mayor, who is serving as presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of the member acting as the presiding officer. 8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to Section 2.5 or 8.5, he /she shall avoid all references to personalities and indecorous language. 8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor or another Councilmember when speaking unless it is to raise a point of privilege (Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to withdraw a previously- stated motion (Section 9.8), or as otherwise provided in these Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the Councilmember so interrupted should cease speaking until the question is determined. ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions. A Councilmember, after he /she obtains the floor, or the Mayor may make a motion on the particular subject of discussion or a procedural point as permitted. A 8 -28 -2018 Revised 8 "Second" to the motion, if required, must be made by a Councilmember who did not make the motion within a reasonable but brief time period. The Mayor may not "Second" a motion. A motion or a "Second" merely implies that the maker of the motion and the person who "Seconds" agree that the motion should come before the meeting and not that he /she necessarily favors the motion. Without a "Second ", if required, the motion dies. 9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions (1 type) *. When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Motion May Interrupt Speaker Second Required Debatable Amendable Resolved by Chair No Vote Affirmative Vote by 4 Council- members 2/3 Vote A. Meeting Conduct Motions 1. point of privilege yes no no no yes no no 2. point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no B. Disposition Motions 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no 8. to amend no yes yes yes no yes no 9. to limit or close debate or "call the question" no yes yes yes no no yes 10. to extend debate no yes yes yes no yes no 11. to count the vote no yes no no no`" no no C. Main Motions 12. to reconsider yes yes if original motion was no no yes no Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. Mandatory if seconded; no vote required 8 -28 -2018 Revised 9 ' Mandatory if seconded; no vote required Unless a greater vote is required by the Charter or State Law 9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Councilmember to the presiding officer, drawing urgent attention to a need for personal accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Councilmember(s). In essence, it is a call to the presiding officer for the purpose of assuring a Councilmember's convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. 9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer's ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of four (4) Councilmembers is required. 9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of four (4) Councilmembers is required. 9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his /her proposal. This is the maker's privilege; thus, it does not require a second. Because the 8 -28 -2018 Revised 10 debatable 13. to rescind no yes yes yes no no yes 14. to take action no yes yes yes no Yes * ** no ' Mandatory if seconded; no vote required Unless a greater vote is required by the Charter or State Law 9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Councilmember to the presiding officer, drawing urgent attention to a need for personal accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Councilmember(s). In essence, it is a call to the presiding officer for the purpose of assuring a Councilmember's convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. 9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer's ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of four (4) Councilmembers is required. 9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of four (4) Councilmembers is required. 9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his /her proposal. This is the maker's privilege; thus, it does not require a second. Because the 8 -28 -2018 Revised 10 withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Councilmember later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand—or a new issue. 9.9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Council to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of four (4) Councilmembers is required. 9.1.0 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section 9.14). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of -four (4) Councilmembers is required. 9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a second, and it is debatable and amendable. An affirmative vote of four (4) Councilmembers is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 9.1.2 To Limit or Close Debate or "Call the Question". Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer's determination. A motion to close debate is the same as a motion to "call the question ". Because this motion affects the most fundamental right of any Councilmember, the right to speak one's views, it is the only procedural motion that requires an affirmative vote of two- thirds of participants voting. 9.1.3 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It represents the right of a Councilmember to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result —and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor 8 -28 -2018 Revised I I amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 9.14 Motion to Reconsider. Allows a main motion to be brought back before the City Council for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. 9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered, and it requires a two - thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 9.16 To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of four (4) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. 9.17 Effect of Abstentions; action on required Abstentions; Effect of non - required Abstentions. The following rules shall apply when a Council Member abstains from voting on an item: When the Council Member is Legall.»�gated to Abstain. When a Council Member is legally obligated to abstain from voting pursuant to Texas Local. Government Code Chapter 1.71, a local ordinance or the City Charter then the Council Member shall leave the dais and exit City Council Chambers until such time as the debate and vote on the item has been concluded. The City Secretary shall record that the Council Member left the room and abstained from the vote in the official minutes and there shall be no other effect. 8 -28 -2018 Revised 12 When the Council Member as no Legal Obligation to Abstain from Voting. When a Council Member has no legal obligation to abstain from voting then an abstention shall be recorded in the minutes as an abstention and shall procedurally be treated as a "no" vote. ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning. All persons other than a recognized speaker shall, at the request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer may order the person to leave the meeting. The Chief of Police, or such member or members of the Police Department or other persons as the presiding officer may designate, shall be sergeant -at- arms of the Council meetings. If the person so requested does not leave the meeting, the presiding officer may order the sergeant -at -arms to remove such person. 10.2 Removal. Any designated sergeant -at -arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant -at -arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council (or successor provision of law). 10.3 Resisting Removal. Any person who resists removal by the sergeant -at -arms shall be charged with violating Section 42.05 (a) of the Texas Penal Code. 10.4 Motions to Enforce. Any Council member may move to require the presiding officer to enforce these Rules and the affirmative vote of a majority of the Councilmembers present and eligible to vote shall require the presiding officer to do so. 1.0.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of the individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular or a special meeting or, subject to State law, may be recessed to a set time and date. ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees. The Council may create committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the Charter, the Code of Ordinances, or State law. Membership and selection of members shall be as determined by the Council if not specified by the Charter, the Code of Ordinances, or State law. No person may concurrently serve on more than one Board unless, by virtue of his/her position on the Council, he /she also holds a position on another Board. Persons related within the second degree by affinity or consanguinity to the Mayor or any member of the Council shall not be eligible to serve on a standing committee. No standing committee so appointed shall 8 -28 -2018 Revised 13 have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter, the Code of Ordinances, or State law. 11.2 Special Committees. The Council may, as the need arises, authorize the appointment of "ad hoc" Council committees. Except where otherwise specifically provided by the Charter, the Mayor and the City Council shall appoint the members of the special committees. Any committee so created shall be given a "mission statement" directing its activities. Any special committee shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Councilmembers present and entitled to vote. ARTICLE 12. CITIZENS' RIGHTS 1.2.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council . shall speak at the podium into the microphone (or at another designated location), shall give his/her name and address in an audible tone of voice for the record, and, unless further time is granted by the Council, shall, subject to Section 12.4 below, limit his /her remarks to three (3) minutes or less. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 10 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 12.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 1.2.2 above) interested persons may speak, subject to the Councilmembers' right to appeal the presiding officer's ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 8 -28 -2018 Revised 14 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. 12.6 Hearing of Residents. There shall be included on the agenda of each City Council meeting an item labeled "Hearing of Residents ". After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Council on items on or not on the agenda at that time, providing they have completed the "Hearing of Residents" form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Council prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for "Hearing of Residents" must speak during the "Hearing of Residents" portion of the meeting. Councilmembers and members of City staff may not discuss unposted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section 12.2, unless otherwise authorized by the presiding officer. ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information. The City Manager is directly responsible for providing information to all the Councilmembers concerning any inquiries by a specific Councilmember. If the City Manager or his staff's time is being dominated or misdirected by a Councilmember, it is his responsibility to inform the Mayor or the Council as a whole. 13.2 City Manager's Responses to Requests. The City Manager is expected to respond in a timely manner to the Council and Councilmember's requests. When information is requested, the City Manager will estimate a reasonable time frame for collecting the requested information. (a) If the City Manager disagrees with the request, he should say so and explain his position. (b) If the City Manager disagrees with individual directives, he should initiate clarification of the Council's will with regard to the individual Councilmember's request. (c) The City Manager may delegate responsibility for the response as necessary and appropriate, but the City Manager will be responsible for its receipt by the Council in a timely manner. (d) The City Manager should maintain a checklist and timetable for requests and other directives of the Council. 8 -28 -2018 Revised 15 (e) All Councilmembers will be provided the same written information when any matter under consideration may be of general concern to the Council. There will be no preferential dissemination of information by the City Manager or his staff. 13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a consensus of the Councilmembers present will be required to direct the City Manager to take any action. 13.4 City Manager's Duty to Inform. The City Manager is responsible for keeping the Council informed. The Council should be provided weekly reports outlining progress on outstanding issues as well as information on new issues and opportunities. Additionally, the Council should be informed of City news prior to release of such information to the community, newspaper(s), or other governmental entities, etc. 1.3.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures for handling customer concerns in all departments with prompt feedback to citizens and Councilmembers. 13.6 City Manager /Council Relations. The City Manager should strive to maintain positive relations with the Council by following these guidelines: (a) Work to establish mutual trust with the Council. (b) Maintain open lines of communication with the Council and keep Council. informed. (c) Inform all Councilmembers of educational opportunities, recognizing that an educated Council is in the City's best interest. (d) Include the Council in City- sponsored employee social events. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. Amended: August 28, 201.8 8 -28 -2018 Revised 16 Agenda No. 15 CITY COUNCIL MEMORANDUM City Council Meeting: August 28, 2018 Department: Mayor /Council Subject: Ordinance No. 18 -M -31 — Ordinance amending the City Council Code of Ethics by amending Section 3 Procedure for Conducting Inquiries. First Reading BACKGROUND At the Regular Council meeting of August 14, 2018, Mayor Carpenter referred everyone to Page 8 Section 3 regarding :Procedure for Conducting Inquiries. In particular, in what we have in our City Councils Code of Ethics; on page 8 section titled Procedure for Conducting Inquiries, the second paragraph reads "All Council members who are not the subject of an inquiry have a right to participate in the inquiry process regarding violations or alleged violations and their subsequent enforcement ", which says as you read that even in the context of the preceding and following paragraphs, the person that is the subject of the inquiry does not have a right to participate in that inquiry process. They do have a right to provide a written statement responding to the findings of the inquiry. The problem that we have is if we go to our Rules of Conduct and Procedures in Article 2 section 2.5 which is entitled "Right to the Floor ", it says subject to Section 8.5, any councilmember or member of the City staff desiring to speak shall be recognized by the Mayor (or presiding officer in the Mayor's Absence) at an appropriate time and shall confine his /her remarks to the subject under consideration or to be considered ". That is not ambiguous language. We have one thing in our Code of Ethics that says the person that is the subject of the inquiry does not get to participate verbally in that discussion but can provide a response in writing, and yet we have a section under the Rules of Conduct and Procedure that say that a Councilmember has the right to the floor and it's unambiguous language that the individual shall be recognized by the Mayor. Mayor Carpenter previously back in the spring time asked the Council if Section 2.5 could be backed down a little so that there would be some discretion for the chair to decide on whether or not someone shall be recognized, Council was emphatic in saying No we are not going to grant you that authority as the chair, it needs to read the way its read, but now we have an inconsistency with the Code of Ethics and the Rules of Conduct and Procedure. He stated that he personally thinks that it is appropriate for a member of Council that is subject of the inquiry to participate in that inquiry, in their own defense amongst their peers, and we also have an item if he is not mistaken from our City Attorney that State Law says that a member of City Council Memorandum Page 2 City Council that is the subject of that inquiry, if that inquiry has been scheduled to be in closed session then that member has the right to say that they wish for that to be held in open session, but if it is held in open session that member does not have the right to speak or has a conflict where they said they have the right to speak in one set of rules but not in the other, it's almost a resolvable position of the Chair. With this said he asked Council to entertain, and if Council did not object, allowing him to work with the City Attorney and revise the language in our Code of Ethics to allow the member or members who are the subject of an inquiry to participate in the discussion. At the August 14, 2018 meeting Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated with striking the words "who are not the subject of an inquiry" just taking those words out so that it reads "All Council members have a right to participate in the inquiry process regarding violations or alleged violations and their subsequent enforcement" would that satisfy his intensions? Mayor Carpenter answered, it sure would. This item was voted on an it was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion. passed. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve Ordinance No. 18 -M -31 first reading. ATTACHMENTS Ordinance No. 18 -M -31 Revised Council Code of Ethics ORDINANCE NO. 18 -M -31 AN ORDINANCE BY THE CITY OF SCHERTZ, TX AMENDING CITY COUNCIL CODE OF ETHICS; AMENDING SECTION 3 PROCEDURE FOR CONDUCTING INQUIRIES REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz has previously adopted a Code of Ethics; and WHEREAS, the City Council through its action taken on August 1.4, 2018 . desires to update the existing City Council Code of Ethics amending Section 3 Procedure for Conducting Inquiries; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend, update, and clarify the Code of Ethics as they relate to dealing with the Procedure for Conducting Inquiries. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the City Council Code of Ethics Section 3 be amended as follows: The role of leading an inquiry of any Council member for any violation or alleged violation of this policy lies with the Mayor, Mayor Pro -Tem, and, if approved by Council, an independent attorney or investigator. If the Mayor is the subject of an inquiry, the Mayor Pro -Tem, or the next ranking official by seniority and, if approved by Council, an independent attorney or investigator will lead the inquiry. The City Attorney shall not conduct the investigation of any Council member. All Council members whs: ----a e— nut --- the —s t cif n fey have a right to participate in the inquiry process regarding violations or alleged violations and their subsequent enforcement. Any member of the Council who is the subject of an inquiry shall have the ability to provide a written statement responding to the findings of the inquiry Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 28TH day of August 2018. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of September 2018. Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (Seal of City) CITE' UD City Council Code of Ethics Introduction 8-28-2078 draft The City Council Code of Ethics (the "Codes ") applies only to the members of the City Council: the Mayor, the Mayor Pro -Tem and the other City Council members. Furthermore, all provisions of the Codes apply equally to the Mayor, Mayor Pro -Tem and City Council members, who must follow the content of the Codes as well as the spirit. It is the policy of the City Council that all of its members shall abide by federal and state law. It is also the policy of the City Council that all of its members shall abide by the provisions set forth in the City Charter and all City ordinances and policies, including the Codes. Purpose By adopting these Codes, Council members commit to: • transparent and accountable governance; • honest, fair and respectful dealings with fellow Council members, City staff, and the wider community; and • working together to deliver the best outcomes for the long -term interests of the City. These standards, together with the ongoing requirement for Council members to abide by Council policies, as they change from time to time, will ensure that public trust and confidence in the City Council is enhanced. Limitations The Codes are intended to support, explain or otherwise clarify the articles set forth in the City Charter or to exercise the specific right given to the City Council in the City Charter in Article III, Section 3.01 and Article IV, Section 4.08, to exercise its governmental powers. Nothing in the Codes is intended to contradict or supersede the City Charter or state law. Procedure Council Member and Board. Committee or Commission. Member Interactions a. City boards, committees and commissions are formed in order to provide independent recommendations to Council and, in the case of some commissions, to conduct hearings in order to make determinations, which may or may not be subject to appeal to the Council. 2. Council Members Serving as Council Liaisons a. A Council liaison is a Council member who is specifically assigned to be the liaison between the City Council and a board, committee or commission. The Page 1 CITE' 8-28-2078 draft primary role of the liaison is that of facilitator of communications between the board, committee or commission and the Council. A Council member who is appointed to sit as a member of a board, committee or commission is not a liaison for purposes of this policy. b. A Council liaison shall facilitate communications between the board, committee or commission and the Council. The liaison should not be an advocate for the board, committee or commission, give direction to a board, committee or commission or influence a decision of a board, committee or commission. The liaison may, however, assist and provide guidance to a board, committee or commission with their work plans or agendas. c. A Council Liaison Acts as the: i. Spokesperson on behalf of the Council when so directed by the Council. ii. Contact person, if the board, committee or commission (or an individual board, committee or commission member) wants such a channel of communication. iii. Council representative present to identify procedural and structural issues relating to the effective functioning of the board, committee or commission for Council. d. Council Liaison Participation. Expectations: i. Attendance is discretionary with the Council member. Attendance as a liaison at a board, committee or commission meetings is not required. ii. Liaisons shall have no vote on the board, committee or commission. iii. Liaison attendance at board, committee or commission retreats is discouraged unless attendance is requested by the board, committee or commission. iv. Liaisons do not have a right to be in attendance at board, committee or commission closed sessions and shall abstain from attending such closed sessions unless invited to attend by the collective board, committee or commission. Ethical Conduct Rules 1. Ethical Conduct Rules for all City Council Members a. During City Council meetings, City Council members shall assist in preserving order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to obey the orders of the presiding officer or the rules of the City Council. Page 2 8-28-2078 draft primary role of the liaison is that of facilitator of communications between the board, committee or commission and the Council. A Council member who is appointed to sit as a member of a board, committee or commission is not a liaison for purposes of this policy. b. A Council liaison shall facilitate communications between the board, committee or commission and the Council. The liaison should not be an advocate for the board, committee or commission, give direction to a board, committee or commission or influence a decision of a board, committee or commission. The liaison may, however, assist and provide guidance to a board, committee or commission with their work plans or agendas. c. A Council Liaison Acts as the: i. Spokesperson on behalf of the Council when so directed by the Council. ii. Contact person, if the board, committee or commission (or an individual board, committee or commission member) wants such a channel of communication. iii. Council representative present to identify procedural and structural issues relating to the effective functioning of the board, committee or commission for Council. d. Council Liaison Participation. Expectations: i. Attendance is discretionary with the Council member. Attendance as a liaison at a board, committee or commission meetings is not required. ii. Liaisons shall have no vote on the board, committee or commission. iii. Liaison attendance at board, committee or commission retreats is discouraged unless attendance is requested by the board, committee or commission. iv. Liaisons do not have a right to be in attendance at board, committee or commission closed sessions and shall abstain from attending such closed sessions unless invited to attend by the collective board, committee or commission. Ethical Conduct Rules 1. Ethical Conduct Rules for all City Council Members a. During City Council meetings, City Council members shall assist in preserving order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to obey the orders of the presiding officer or the rules of the City Council. Page 2 CITE' b. During City Council meetings, a City Council member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine discussion to the question under debate, avoid discussion of personalities and indecorous language, and refrain from personal attacks and verbal abuse. c. During City Council meetings, a City Council member desiring to question the administrative staff shall address questions to the City Manager, who shall be entitled either to answer the question(s) or designate a member of City staff. Such designation may occur at any time, including prior to a City Council meeting. City Council members shall not berate nor admonish staff members. d. During City Council meetings, a City Council member, once recognized, shall not be interrupted while speaking unless called to order by the presiding officer, to raise a point of order, procedure or privilege, or unless the speaker chooses to yield to questions from another member. If a City Council member is called to order while speaking, that member shall cease speaking immediately until the question of order is determined. If ruled to be in order, the member shall be permitted to proceed. If ruled to be not in order, the member shall remain silent or make additional remarks so as to comply with rules of the City Council. e. During City Council meetings, City Council members shall confine their questions to the particular matters before the assembly, and in debate, shall confine their remarks to the issues before the City Council. f, During City Council meetings, when there is more than one speaker on the same subject, City Council members will delay their comments until after all speakers on the subject have been heard. g. Council members shall clearly state when he /she has been directed by Council to speak on behalf of the City Council at the meeting of any board, committee or commission. All other commentary offered before a board, committee or commission is deemed to be the personal opinion of the Council member. h. Council members shall not speak on behalf of the Council at any place or time unless they have been so directed by the body of the City Council. Any commentary offered at any time, in public or otherwise, is deemed to be the personal opinion of the City Council member speaking. Page 3 b. During City Council meetings, a City Council member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine discussion to the question under debate, avoid discussion of personalities and indecorous language, and refrain from personal attacks and verbal abuse. c. During City Council meetings, a City Council member desiring to question the administrative staff shall address questions to the City Manager, who shall be entitled either to answer the question(s) or designate a member of City staff. Such designation may occur at any time, including prior to a City Council meeting. City Council members shall not berate nor admonish staff members. d. During City Council meetings, a City Council member, once recognized, shall not be interrupted while speaking unless called to order by the presiding officer, to raise a point of order, procedure or privilege, or unless the speaker chooses to yield to questions from another member. If a City Council member is called to order while speaking, that member shall cease speaking immediately until the question of order is determined. If ruled to be in order, the member shall be permitted to proceed. If ruled to be not in order, the member shall remain silent or make additional remarks so as to comply with rules of the City Council. e. During City Council meetings, City Council members shall confine their questions to the particular matters before the assembly, and in debate, shall confine their remarks to the issues before the City Council. f, During City Council meetings, when there is more than one speaker on the same subject, City Council members will delay their comments until after all speakers on the subject have been heard. g. Council members shall clearly state when he /she has been directed by Council to speak on behalf of the City Council at the meeting of any board, committee or commission. All other commentary offered before a board, committee or commission is deemed to be the personal opinion of the Council member. h. Council members shall not speak on behalf of the Council at any place or time unless they have been so directed by the body of the City Council. Any commentary offered at any time, in public or otherwise, is deemed to be the personal opinion of the City Council member speaking. Page 3 CITE' i. Council members shall not speak to any board, committee or commission member on any matter that may come before the Council in a manner designed to influence the member. j. No Council member shall privately lobby any member outside of the meetings in an attempt to influence his or her individual vote. k. Any Council member who has testified on his or her own behalf or as a witness before a board, committee or commission on any administrative action which then comes to Council is disqualified from participating as a Council member on the matter only if there is a legal conflict of interest. 2. Confidentiality of Information. Shared in Closed Session a. Council members should keep all matters discussed in closed session confidential. b. Any Council member who is found to have violated State Law with regards to the conduct of closed sessions shall be deemed to have violated the Codes. 3. Individual Members of Council Providing Direction or Instruction to the Citv Manager or Staff a. Only the City Council, acting as a body, is permitted to provide direction and instruction to the City Manager, City Secretary, City Attorney or the City Judge (or Judges) regarding any matter confronting the City, whether policy - related or otherwise. b. No member of Council (specifically including the Mayor, the Mayor Pro -Tem and the individual Council members) shall, at any time, give individual instruction to, attempt to define policy for, or make any demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff. c. No member of Council shall attempt to influence the City Manager, City Secretary, City Attorney, City Judge (or Judges) or any member of staff to circumvent City rules, policies or ordinances. Page 4 i. Council members shall not speak to any board, committee or commission member on any matter that may come before the Council in a manner designed to influence the member. j. No Council member shall privately lobby any member outside of the meetings in an attempt to influence his or her individual vote. k. Any Council member who has testified on his or her own behalf or as a witness before a board, committee or commission on any administrative action which then comes to Council is disqualified from participating as a Council member on the matter only if there is a legal conflict of interest. 2. Confidentiality of Information. Shared in Closed Session a. Council members should keep all matters discussed in closed session confidential. b. Any Council member who is found to have violated State Law with regards to the conduct of closed sessions shall be deemed to have violated the Codes. 3. Individual Members of Council Providing Direction or Instruction to the Citv Manager or Staff a. Only the City Council, acting as a body, is permitted to provide direction and instruction to the City Manager, City Secretary, City Attorney or the City Judge (or Judges) regarding any matter confronting the City, whether policy - related or otherwise. b. No member of Council (specifically including the Mayor, the Mayor Pro -Tem and the individual Council members) shall, at any time, give individual instruction to, attempt to define policy for, or make any demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff. c. No member of Council shall attempt to influence the City Manager, City Secretary, City Attorney, City Judge (or Judges) or any member of staff to circumvent City rules, policies or ordinances. Page 4 CITE' UD d. Any member of Council may, of course, at any time, make requests of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff for information, assistance, or other help as may be necessary, so long as no orders, threats, promises, intimidations, or ultimatums, explicit or implicit, are issued. e. The single exception to this rule is that in times of emergency lawfully declared by the Mayor, the Mayor may act independently as to matters of urgent need until a meeting of the Council, in quorum, can be called. f, Any member of Council giving individual instruction or making a demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff, with the exception of times of emergency lawfully declared by the Mayor, during which time the Mayor may act independently until a meeting of the Council, in quorum, can be called, shall be deemed to have violated the Codes. 4. Citv Council Media Communication Guidelines a. Effective media relations best serves the City by providing accountability to the public and transparency of government, ensuring accurate information is conveyed to the public, establishing and maintaining an accurate public perception of the City; informing residents of City programs and services, and promoting the City's achievements, activities and significant events. b. Council Members and the Mayor have been elected to represent our community and are free to speak to the media on any subject. This policy and its included guidelines are intended to ensure that accurate consistent information is provided to the media and that City Council's integrity and professional image is preserved. C. Guidelines: 1. Council Members and the Mayor have the right to express personal opinions on any issue, but must make it clear that they are speaking for themselves, are not speaking in an official capacity for the City, and are not speaking on behalf of City Council, unless the position has been adopted by the City Council; 2. All conversations with a member of the media should be treated as on the record. 3. Where time permits City Council members and the Mayor should communicate with the City's Public Information Officer prior to interviews with the media; otherwise all interviews with a member of the media should be reported to the Page 5 CITE' UD Violations 8s28-2078 draifi City's Public Information Officer as soon as reasonably possible after the interview. 4. There are certain highly sensitive issues that may require greater discretion when speaking to media. These issues include: i. Legal issues, including liability issues and pending litigation; ii. Personnel issues, including those surrounding existing and former employees; iii. Questions that involve police or fire investigations; or iv. A community -wide situation or emergency. It is highly encouraged that City Council members and the Mayor contact the City Manager for any relevant information prior to commenting on such matters. 1. Violation of the Code of Ethics a. Council members are expected to abide by the Codes at all times. b. Any Council member not adhering to the Codes shall be in violation of said Codes. 2. Violations of Provisions of the City Charter a. Council members are expected to abide by the articles set forth in the City Charter. b. Any Council member who acts in violation of or in a manner inconsistent with the provisions of the City Charter shall be deemed to have violated the Codes. Page 6 Depending on the circumstances of alleged violations of law or policy, the Council may initiate an investigation of the allegations prior to the filing of a request for any of the actions described in this policy. Nothing in this policy shall preclude individual Council members from making public statements regarding such alleged conduct. In deciding whether or not to open an investigation (whether pursuant to these rules or pursuant to Article IV, Section 4. 10 of the City Charter), City Council should consider: a. whether a Council investigation may compromise other investigations regarding the same alleged actions, and, if the actions may result in criminal charges, whether the right of the accused Council member to a fair jury trial may be compromised by proceeding with an investigation; b. if persons involved in the allegations may choose to exercise their constitutional right against self - incrimination, which may limit the investigation's ability to present a full picture of alleged events; and c. how to ensure the protection of rights of those accused of violations of law or policy, those making such accusations, and those who have information regarding the accusations. At any point during any of the processes described in this policy, the Council may refer the matter, as appropriate, to the Bexar, Comal or Guadalupe County District Attorney, the Texas Elections Commission, or to another law enforcement agency, for investigation. Following such a referral, the Council may proceed with any actions it chooses to take under the provisions of the City Charter. Reporting Violations Any suspected violation or alleged violation by a Council member must be reported to the Mayor. Any suspected violation or alleged violation by the Mayor shall be reported to the Mayor Pro -Tem and the City Attorney. In the case of a City staff member making the report regarding a Council member, the report shall be made to the City Manager, who will then report it to the Mayor. Upon report, the City Manager and City Attorney will assist the Mayor (or the Mayor Pro -Tem regarding a report concerning the Mayor) in following the procedures addressing violations or alleged violations. Page 7 CITE' Procedure for Conducting Inquiries The role of leading an inquiry of any Council member for any violation or alleged violation of this policy lies with the Mayor, Mayor Pro -Tem, and, if approved by Council, an independent attorney or investigator. If the Mayor is the subject of an inquiry, the Mayor Pro -Tem, or the next ranking official by seniority and, if approved by Council, an independent attorney or investigator will lead the inquiry. The City Attorney shall not conduct the investigation of any Council member. All Council members w o-ftF t4 u. ec f � n 9 � have a right to participate in the inquiry process regarding violations or alleged violations and their subsequent enforcement. Any member of the Council who is the subject of an inquiry shall have the ability to provide a written statement responding to the findings of the inquiry. Enforcement of Violations The members of City Council have the obligation to govern themselves responsibly in the enforcement of any violation of this policy. The objective for establishing rules of enforcement pertaining to this policy is to provide fair, consistent, concise, and efficient guidelines for the use of enforcement against violations of this policy. As a general matter, enforcement of this policy may be progressive, but circumstances may indicate that strong actions be taken immediately. Furthermore, Council is not bound to the enforcement guidelines of this policy, and should make decisions on a case -by -case basis. City Council, as a collective body, may change the order of the disciplinary steps listed below, or may choose not to use any step, depending on the circumstances under review. City Council members may take any appropriate disciplinary action including, but not limited to: • Cautioning • Cautioning is identified as a verbal reprimand due to a violation of the policy. The cautioning is only a verbal reprimand and shall not be recorded. • A cautioning shall only be administered in private by the Mayor with only one (1) member of Council present. If the Mayor is receiving the cautioning, it shall . be administered in private by the Mayor Pro -Tem with only one (1) member of Council present. • Correction. Page 8 CITE' UD 8-28-2078 draft • Correction is identified as a verbal reprimand due to multiple policy violations. The correction of any Council member, including the Mayor, will not be administered in writing and shall be conducted in accordance with the Open Meetings Act. • A quorum of Council plus one (1), including the corrected Council member, shall be present during the correction of another Council member. • The City Attorney shall be notified of the correction before the correction is administered and the City Attorney shall be present during the administration of the correction. • Censure • The act of placing a Council member under censure is an official and public reprimand of a City Council member by the body of the City Council for multiple and /or serious infractions against the City Council Code of Ethics. Therefore, City Council Members who are placed under censure are considered to be `not in good standing' with the body of the Council. • The censure of any Council member, including the Mayor, shall be administered in writing. • Censure may last up to sixty (60) days or as appropriately defined by City Council on a case by case basis. • At the end of the censure period, the censure has expired and shall not be extended. • A Council member placed under censure may return to a good standing status once their censure period has ended. • The body of the City Council may determine to end the censure period of a Council member prior to the conclusion of said period at their discretion. • All censure hearings shall be conducted in accordance with the Open Meetings Act. • Because censures are administered in writing, a censure must be publicly voted on in open session of City Council. The censure of any Council member must be passed by a 2/3 supermajority vote. Page 9 CITY 8-28-2078 draft The following Members of Council have received and agreed to place their signatures on this adopted document this 6th Day of February 2018. Michael R. Carpenter, Mayor Mark Davis, City Council Place I Scott Larson, City Council Place 3 David Scagliola, Mayor-Pro-Tem, City Council Place 5 Ralph Gutierrez, City Council Place 2 Cedric Edwards, Sr., City Council Place 4 Angelina Kiser, City Council Place 6 Bert Crawford, City Council Place 7 Page 10 8-28-2078 draft The following Members of Council have received and agreed to place their signatures on this adopted document this 6th Day of February 2018. Michael R. Carpenter, Mayor Mark Davis, City Council Place I Scott Larson, City Council Place 3 David Scagliola, Mayor-Pro-Tem, City Council Place 5 Ralph Gutierrez, City Council Place 2 Cedric Edwards, Sr., City Council Place 4 Angelina Kiser, City Council Place 6 Bert Crawford, City Council Place 7 Page 10 Agenda No. 16 CITY COUNCIL MEMORANDUM City Council Meeting: August 28, 2018 Department: Finance Subject: Presentation /Discussion and Public Hearing on the Proposed FY 2018 -19 Budget In accordance with Section 1.02.006 of the Texas Local Government Code the City Council must hold a public hearing on the proposed budget for FY 2018 -19. The first public hearing will be at the August 28, 2018 regular session. A second public hearing will be conducted at the September 4, 2018 regular session. In the General Fund, Staff has proposed increasing the amount of funds allocated toward maintenance of parks, streets, and facilities by $235,000 each. A copy of the proposed FY2018 -19 Budget can be found online at www,schertz.com. FISCAL IMPACT General Fund $33,480,265 Special Events Fund 171,200 Tax I &S Fund 6,653,723 Water & Sewer Fund 24,435,188 Capital Recovery -Water 256,000 Capital. Recovery -Sewer 260,500 Drainage Fund 1,162,559 EMS Fund 9,235,636 SEDC 4,974,744 PEG Fund 195,000 Hotel Occupancy Tax Fund 256,732 Park Fund 100,000 Tree Mitigation 75,000 Library Fund 32,400 Historical Committee 11,750 Total $81,300,507 RECOMMENDATION City Council Memorandum Page 2 After a brief presentation and discussion by Council, public hearing will be held on the proposed FY 2018 -19 Budget. Agenda No. 17 CITY COUNCIL MEMORANDUM City Council Meeting: August 28, 2018 Department: Finance Subject: Presentation /Discussion and Public Hearing on the Proposed FY 2018 -19 Tax Rate At the August 14, 2018 . regular session, the City Council, by record vote, established a proposed preliminary maximum tax rate of $0.5146, per $100 of value, with the M &O rate at $0.3497 and the I &S portion of $0.1.649. 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 lower effective rate of $0.4892. The first public hearing is tonight, August 28, 2018. The second public hearing will be conducted at the September 4, 2018 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 14, 2018 without calling special meetings. FISCAL IMPACT The proposed maximum rate maintains quality service to residents and businesses and helps to offset certain other declining revenue and the increased cost of maintaining existing service levels. The effective property tax rate is $0.4892 per $1.00 valuation. The proposed maximum tax rate is $0.5146 per $100 valuation. The M &O portion of the property tax rate increases to $0.3497 from $0.3248 per $100 valuation. The I &S portion decreases to $0.1649 from $0.1.662 per $100 valuation. The proposed tax rate will increase General Fund revenues by $850,000 to provide for additional parks, streets, and facility maintenance funding. City Council Memorandum Page 2 After a brief presentation and discussion by Council, public hearing will be held on the proposed FY 2018 -19 Tax Rate. CITY COUNCIL MEMORANDUM City Council Meeting: August 28, 2016 Department: Subject: BACKGROUND Agenda No. 18 Planning & Community Development Ordinance No. 18 -5 -29 — Conduct a public hearing, consider and make a recommendation on a request for a Specific Use Permit and associated conceptual site plan to allow a Convenience Store with Gas Pumps on an approximate 0.93 acre site. The property is more specifically described as Lot 6, Block 1 of the Tri- County Business & Industrial Park Unit IA Subdivision; City of Schertz, Guadalupe County, Texas; located at 17501 IH 35. (First Reading) The property owner is requesting approval of a Specific Use Permit and associated conceptual site plan to allow a convenience store with gas pumps on an approximate 0.93 acre lot located at 17501 IH 35 and more specifically described as Lot 6, Block 1 of the Tri - County Business & Industrial Park Unit IA Subdivision. The proposed development includes a 3,150 square foot convenience store with six (6) gas pumps (7- Eleven), and a 966 square feet car wash. The subject property is currently developed as a fast food restaurant (Jack In the Box). The owner is proposing to demolish and develop the new building, gas canopy, and car wash. Access to the site will be through three driveways, two that are existing drives (one located off FM 3009, and one located on IH 35 frontage road) and one proposed drive (located off the shared access easement to the rear of the proposed building). The subject property is currently zoned General Business (GB). The City's Unified Development Code (UDC) includes Table 21.5.8 Permitted Uses, which identifies different land uses that are permitted within each zoning district. The General Business (GB) zoning district permits convenience stores with gas pumps, subject to approval of a Specific Use Permit. Specific Use Permits allow for discretionary approval by City Council for uses with unique or widely varying operating characteristics or unusual site development features. Approval of a Specific Use Permit authorizes a property owner to submit subsequent development applications. City Council Memorandum Page 2 On August 8, 2018 the Planning & Zoning Commission recommended approval of the project. A public hearing notice was published in the San Antonio Express News on August 13, 2018. Prior to the Planning & Zoning Commission meeting, nine (9) public hearing notices were mailed to surrounding property owners. Staff has received one response in favor of the development and no responses opposed or neutral to the request. Goal The owner is requesting a Specific Use Permit to allow a convenience store with gas pumps at 17501 IH 35. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action IMPACT ON EXISTING ADJACENT DEVELOPMENT: The subject property is adjacent to an existing convenience store with gas pumps immediately to the west, existing fast food restaurant to the north across a shared access easement, and FM 3009 right of way to the east, and IH 35 frontage road to the south. Additionally, across the FM 3009 right of way is another convenience store with gas pumps. This property and all adjacent properties are designated for commercial uses and zoned General Business (GB). The comprehensive land use plan identifies this area as Commercial Campus which is intended for lower intensity commercial and office uses between major intersections as a buffer between the highway and the adjoining neighborhoods. The proposed convenience store with gas pumps is a land use that is compatible with the existing convenience store with gas pumps, restaurant, and right of way land uses in the area. SITE PLAN: The applicant is proposing to construct a 3,150 square foot convenience store with six (6) gas pumps (7- Eleven), and a 966 car wash on the approximately 0.93 acre tract of land. • Architectural Standards: Section 21.9.5 Exterior construction and Design standards requires all non - residential buildings to meet the minimum material requirements, fagade articulations and percentage of windows and doors. The proposed building elevations comply with the Exterior Construction and Design standard. The building, gas canopy, and car wash will be constructed of chopped stone and stucco finish with the front fagade consisting of 30% windows and doors. Additionally, the building complies with the vertical and horizontal articulations on all required walls. • Parking: The site has twelve (12) parking spaces of which one (1) will be handicap parking which meets the minimum parking standard for the proposed use. • Screening requirements: The site has satisfied the minimum requirements for the location and screening. The trash receptacle will be constructed of masonry with metal gates that meet the minimum requirements • Lighting and 21are standards: The applicant will be responsible for complying with Section 21.9.11 Lighting and Glare standards at the time of building permit. A note has been placed on the site plan. City Council Memorandum Page 3 • Landscapin: The UDC requires that non - residential development adjacent to right -of- way requires a landscape buffer. Nineteen (19) trees are proposed along FM 3009 and IH 35, which complies with the required ratio of one (1) tree per twenty (20) feet along FM 3009 and IH 35. A total of thirteen (13) Mexican Sycamores, twelve (12) Texas Red Oaks, and eight (8) Bald Cypress are proposed to be planted on the site. Shrub screening will be planted adjacent to FM 3009, IH 35, and the western property line. The proposed landscaping meets the requirements from the UDC. All landscaping will be watered by an automatic irrigation system. • Access and circulation: The site is accessed through three driveways, two that are existing drives (one located off FM 3009, and one located on IH 35 frontage road) and one proposed drive (located off the shared access easement to the rear of the proposed building). There is an additional access point off the shared access easement to be used for the proposed car wash. A twenty four foot fire lane is proposed on the property to allow for emergency vehicle access. The Traffic Impact Analysis is still under review by TXDOT and the City of Schertz Engineering Department. City staff is comfortable proceeding forward with this project on the condition that both TXDOT and the City must approve the Traffic Impact Analysis prior to site plan approval. CONDITIONS OF THE REQUESTED SPECIFIC USE PERMIT: The proposed convenience store with gas pumps will be subject to provisions of the Unified Development Code (Ordinance 11 -S -15, as amended). Additionally, the Specific Use Permit will be conditioned upon the following occurring: a) TXDOT and the City of Schertz Engineering Department approve the Traffic Impact Analysis and the Drainage Report. b) A building permit is approved within one year of the adoption of the SUP ordinance; and c) The use begins operation within two years of the issuance of the necessary building permit(s). A Specific Use Permit allows for discretionary City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this UDC. Approval of a specific use permit authorizes a property owner to submit subsequent development applications consistent with the approved Specific Use Permit. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on August 8, 2018 . and offered a unanimous recommendation of approval. Staff recommends approval of the Specific Use Permit request with the previously mentioned conditions. ATTACHMENT City Council Memorandum Page 4 Ordinance No. 1.8 -S -29 ORDINANCE NO. 18 -S -29 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO APPROVE A SPECIFIC USE PERMIT TO ALLOW FOR OPERATION OF A CONVENIENCE STORE WITH GAS PUMPS AT 17501 IH 35, SCHERTZ, GUADALUPE COUNTY, TEXAS WHEREAS, An application for Specific Use Permit to allow a Convenience Store with gas pumps at 17501 IH 35, more particularly described in Exhibit A attached hereto and incorporated herein by reference, as Lot 6, Block 1 of the Tri County Business and Industrial Park Unit IA Subdivision,(hereinafter, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.1I.E. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested specific use permit (the "Conditions "); and WHEREAS, on August 8, 2018, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, hereby makes a recommendation of approval of a Specific Use Permit for a Convenience Store with gas pumps; and WHEREAS; on August 28, 2018 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested Specific Use Permit be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. A Specific Use Permit for 1.7501 IH 35, as more particularly described in the attached Exhibit A, is hereby approved to allow a convenience store with gas pumps conditioned upon the following occurring: a) TXDOT and the City of Schertz Engineering Department approve the Traffic Impact Analysis and the Drainage Report. b) A building permit is approved within one year of the adoption of this ordinance; and c) The use begins operation within two years of the issuance of the necessary building permit(s). Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 8. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 28th day of August, 2018. PASSED, APPROVED AND ADOPTED on final reading the 4th day of September, 2018. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" See Attached 1 -35 "SCO M.• 521 Vicinity Map Not to Scale CONTROL POINT TABLE POINT DESCRIPTION NORTHING EASTING ELEV. 200 CP "X" CUT SET 13,766,795.287 2,197,931.597 843.01' 201 CP "X" CUT SET 13,766,509.666 2,198,097.077 841.24' 202 CP "X" CUT SET 13,766,438.568 2,197,957.295 840.31' 203 CP "X" CUT SET 13,766,579.453 2,197,843.813 841.15' 3 'D j j 0 3 ca W W ti Q 3 J j O ao a- O M C7 .Q 0 O to O M m O P.I. 14440 0.83 ACRES ARC CAFEHLD001 LLC LOT 10, BLOCK 2 ARBYS SUB ADDITION 5549 FM 3009 SCHERTZ, TX 78154 I "' ZONING: (GB) I CD ' GENERAL BUSINESS LAND USE: RESTAURANT ( I I ACCESS MID 222, 7 EASEIY:NT ' V0.. 3, PAGE EE3A, P.R�6C.T. ( I 200' ; P.I. 13277 P.I. 45690 3.35 ACRES COLE WY PORTFOLIO TX LLC BRUNDAGE MINI STORAGE LtD LOT 4, BLOCK 1 WENDY'S SUBDV #30 LOT 13, BLOCK 2 A -AAA 5550 FM 3009 , SCHERTZ, TX 78154 / MINI - STORAGE SUB ADDIDTI N GENERAL BUSINESS 17497 TRITON DR LAND USE: RESTAURANT ZONING: (GB) SCHERTZ, TX 78154 GENERAL BUSINESS ', LAND USE: GAS STATION ■ ZONING: (GB) GENERAL BUSINESS LAND USE: STORAGE I I ( � I , I I �O Ol � ( I I I P.I. 14440 0.83 ACRES ARC CAFEHLD001 LLC LOT 10, BLOCK 2 ARBYS SUB ADDITION 5549 FM 3009 SCHERTZ, TX 78154 I "' ZONING: (GB) I CD ' GENERAL BUSINESS LAND USE: RESTAURANT ( I I ACCESS MID 222, 7 EASEIY:NT ' V0.. 3, PAGE EE3A, P.R�6C.T. ( I - - - - - - - - - - - - - - - -- -- - - - i - - �- /� � N60 °38'43 "E � 176.95 ` ; ,l =, � / SIGN EASEMENT I / VOL 1260. PG. 447 w i �' W �a I I N M � M a M rM- M II III\ -� ------ - - - - -� ° I — � ' i� (n U EXISTING w TOTAL NET ACREAGE = 0.92 AC I I U TOTAL GROSS ACREAGE = 0.92 AC 'W � ii n o i PROPOSED ��d ii I TOTAL NET ACREAGE = 0.92 AC z� ;' I� TOTAL GROSS ACREAGE = 0.92 AC I�J ;' I I 200' ; , - -� -J I I \ � \\ / 1 � ( I P.I. 42731 t �� / 1.07 ACRES ^doh // /I CHAR -MAR LIMITED PARTNERSHIP ° I LOT 7, BLOCK 2 �„ r� w° /I ; ,1 STAR II SUBD ADDITION a' I °�� I 17497 I H 35 N \ '"�� / °° SCHERTZ, TX 78154 ? -840- , 0 O // �, ° \ 14G / �/ ZONING: (GB) \ A II " GENERAL BUSINESS i f/ NE �� %' VOL, EASEMENT �- O R 867. PG. 723 LAND USE: GAS STATION ___� ,,.�:,,�,,....- �-�%-' 107,22' _ �� --� -- V0.. S, PAGE 89A. P.R,G.C�•_ A Y / - - - - _ -- 000, -� - -_ '/ CALLED 0.109 ACRES _— - �'9. S 51 _ / / TO STATE OF TEXAS _' -- ` _ - -' VOL. 877. PG. 844 _--- D. R. G. C. T. __ =— 839 EgSTATE,DK�. N�. 35 1N" (VARIABLE W P.I. 19850 1.18 ACRES LAFREEDA DAWN M LOT 9, BLOCK 2 t`' DENNYS SUBDIVISION °- 17455 I H 35 SCHERTZ, TX 78154 ZONING: (GB) GENERAL BUSINESS LAND USE: RESTAURANT 200' ; P.I. 45690 1.38 ACRES COLE WY PORTFOLIO TX LLC LOT 4, BLOCK 1 WENDY'S SUBDV #30 5550 FM 3009 , SCHERTZ, TX 78154 / ZONING: (GB) 17599 N IH 35 SCHERTZ, TX 78154 GENERAL BUSINESS �` LAND USE: RESTAURANT ZONING: (GB) GENERAL BUSINESS ', LAND USE: GAS STATION ■ - - - - - - - - - - - - - - - -- -- - - - i - - �- /� � N60 °38'43 "E � 176.95 ` ; ,l =, � / SIGN EASEMENT I / VOL 1260. PG. 447 w i �' W �a I I N M � M a M rM- M II III\ -� ------ - - - - -� ° I — � ' i� (n U EXISTING w TOTAL NET ACREAGE = 0.92 AC I I U TOTAL GROSS ACREAGE = 0.92 AC 'W � ii n o i PROPOSED ��d ii I TOTAL NET ACREAGE = 0.92 AC z� ;' I� TOTAL GROSS ACREAGE = 0.92 AC I�J ;' I I 200' ; , - -� -J I I \ � \\ / 1 � ( I P.I. 42731 t �� / 1.07 ACRES ^doh // /I CHAR -MAR LIMITED PARTNERSHIP ° I LOT 7, BLOCK 2 �„ r� w° /I ; ,1 STAR II SUBD ADDITION a' I °�� I 17497 I H 35 N \ '"�� / °° SCHERTZ, TX 78154 ? -840- , 0 O // �, ° \ 14G / �/ ZONING: (GB) \ A II " GENERAL BUSINESS i f/ NE �� %' VOL, EASEMENT �- O R 867. PG. 723 LAND USE: GAS STATION ___� ,,.�:,,�,,....- �-�%-' 107,22' _ �� --� -- V0.. S, PAGE 89A. P.R,G.C�•_ A Y / - - - - _ -- 000, -� - -_ '/ CALLED 0.109 ACRES _— - �'9. S 51 _ / / TO STATE OF TEXAS _' -- ` _ - -' VOL. 877. PG. 844 _--- D. R. G. C. T. __ =— 839 EgSTATE,DK�. N�. 35 1N" (VARIABLE W P.I. 19850 1.18 ACRES LAFREEDA DAWN M LOT 9, BLOCK 2 t`' DENNYS SUBDIVISION °- 17455 I H 35 SCHERTZ, TX 78154 ZONING: (GB) GENERAL BUSINESS LAND USE: RESTAURANT TxDOT R.O.W. , N 0 40' 60' 80' SCALE IN FEET (SCALE: 1 INCH = 40 FEET) GENERAL NOTES 1. THE BEARINGS AND DISTANCES SHOWN HEREON ARE BASED ON A LOCAL COORDINATE SYSTEM BASED ON NAD83, TEXAS SOUTH CENTRAL ZONE 4204, SCALED FROM GRID TO SURFACE AT N: 13,766,555.72 AND E: 2,197,945.55 USING A COMBINED SCALE FACTOR OF 1.0001621532, DERIVED FROM GPS RTK OBSERVATIONS USING THE NORTH TEXAS VRS NETWORK (MAINTAINED BY WESTERN DATA SYSTEMS). 2. ACCORDING TO THE FLOOD INSURANCE RATE MAP, PANEL 210 OF 480, DATED NOVEMBER 2, 2007, THE PROPERTY IS LOCATED IN ZONE "X" AND IS NOT WITHIN THE 100 -YEAR FLOODPLAIN. LEGEND PROPOSED ■ m m ■ 200 -FOOT NOTIFICATION BOUNDARY LINE PROPERTY LINE ADJACENT PROPERTY LINE EASEMENT LINE RIGHT -OF -WAY LINE ABBREVIATIONS CIRF IRON ROD WITH CAP FOUND IRF IRON ROD FOUND XCF "X" CUT FOUND P.R.G.C.T. PLAT RECORDS GUADALUPE COUNTY, TEXAS D.R.G.C.T. DEED RECORDS GUADALUPE COUNTY, TEXAS O. P. R.G. C. T. OFFICIAL PUBLIC RECORDS GUADALUPE COUNTY, TEXAS CURRENT OWNER VR PARTNERS, I WILLIAM T. DEMUTH 2300 WOLF ST., UNIT 12B DALLAS, TX 75201 APPLICANT /DEVELOPER SHANE PARTRIDGE SCHAFFER CONSTRUCTION 2601 NETWORK BLVD, STE. 413 FRISCO, TEXAS 75034 PH# 214 - 888 -6923 (0) PH# 972 - 951 -7851 (M) SPARTRIDGE @SCHAFFERCONST.COM REPRESENTATIVE KAREN MITCHELL MITCHELL PLANNING GROUP, LLC 7823 NINE MILE BRIDGE ROAD FORT WORTH, TEXAS 76135 PH# 817 - 237 - 4467(0) PH# 817 - 797 -9134 (M) KM ITCH ELL @MITCHELLPLANNINGGROUP.COM CIVIL ENGINEER CEI ENGINEERING ASSOCIATES, INC 3030 LBJ FREEWAY, SUITE 100 DALLAS, TX 75234 DAVID TIPTON PROJECT MANAGER PH# (972)- 488 -3737 (0) FAX# (972)- 488 -6732 (F) DTIPTON @CEIENG.COM 200' ; P.I. 34102 1.09 ACRES SKIPPER BEVERAGE COMPANY INC o `�' , LOT 2, BLOCK 1 N C S SUBD ADDITION 3 17599 N IH 35 SCHERTZ, TX 78154 �` ZONING: (GB) GENERAL BUSINESS ', LAND USE: GAS STATION ■ , �O Ol TxDOT R.O.W. , N 0 40' 60' 80' SCALE IN FEET (SCALE: 1 INCH = 40 FEET) GENERAL NOTES 1. THE BEARINGS AND DISTANCES SHOWN HEREON ARE BASED ON A LOCAL COORDINATE SYSTEM BASED ON NAD83, TEXAS SOUTH CENTRAL ZONE 4204, SCALED FROM GRID TO SURFACE AT N: 13,766,555.72 AND E: 2,197,945.55 USING A COMBINED SCALE FACTOR OF 1.0001621532, DERIVED FROM GPS RTK OBSERVATIONS USING THE NORTH TEXAS VRS NETWORK (MAINTAINED BY WESTERN DATA SYSTEMS). 2. ACCORDING TO THE FLOOD INSURANCE RATE MAP, PANEL 210 OF 480, DATED NOVEMBER 2, 2007, THE PROPERTY IS LOCATED IN ZONE "X" AND IS NOT WITHIN THE 100 -YEAR FLOODPLAIN. LEGEND PROPOSED ■ m m ■ 200 -FOOT NOTIFICATION BOUNDARY LINE PROPERTY LINE ADJACENT PROPERTY LINE EASEMENT LINE RIGHT -OF -WAY LINE ABBREVIATIONS CIRF IRON ROD WITH CAP FOUND IRF IRON ROD FOUND XCF "X" CUT FOUND P.R.G.C.T. PLAT RECORDS GUADALUPE COUNTY, TEXAS D.R.G.C.T. DEED RECORDS GUADALUPE COUNTY, TEXAS O. P. R.G. C. T. OFFICIAL PUBLIC RECORDS GUADALUPE COUNTY, TEXAS CURRENT OWNER VR PARTNERS, I WILLIAM T. DEMUTH 2300 WOLF ST., UNIT 12B DALLAS, TX 75201 APPLICANT /DEVELOPER SHANE PARTRIDGE SCHAFFER CONSTRUCTION 2601 NETWORK BLVD, STE. 413 FRISCO, TEXAS 75034 PH# 214 - 888 -6923 (0) PH# 972 - 951 -7851 (M) SPARTRIDGE @SCHAFFERCONST.COM REPRESENTATIVE KAREN MITCHELL MITCHELL PLANNING GROUP, LLC 7823 NINE MILE BRIDGE ROAD FORT WORTH, TEXAS 76135 PH# 817 - 237 - 4467(0) PH# 817 - 797 -9134 (M) KM ITCH ELL @MITCHELLPLANNINGGROUP.COM CIVIL ENGINEER CEI ENGINEERING ASSOCIATES, INC 3030 LBJ FREEWAY, SUITE 100 DALLAS, TX 75234 DAVID TIPTON PROJECT MANAGER PH# (972)- 488 -3737 (0) FAX# (972)- 488 -6732 (F) DTIPTON @CEIENG.COM r HANSON ID: brtt \ Vicinity Map Not to Scale P.I. 13277 35 ACRES BRUNDAGE MINI STORAGE LTD LOT 13, BLOCK 2 A -AAA MINI 51 ORE GE SUB RAPID 'I [ON 17447 TRITON DR SCHERTZ, TX 78154 70NING: (GB) GENERAL BUSINESS > LAND USE STORAGE 14 f'} G Y"rFS DO J, >L N) p � ,R "PY�0G0' ;1 � �Mx LRR ., > i A7 \ 1, > el 14440 ,083ACRES, `> ARC CAFLHLDOOP {LC LOT 40, BLOCK I ARBOR PRO ADDITION 5549 FM 3009 SCHERTZ, TX 78154 ' ZONING'. (ER) GENERAL BUSINESS Y, LAND USE: RESTAUIDANI POO- a YA ,FY ECIL-1 p y Y M1 CIS- G,a %C, /� /•` RIO, PROPOSED 8 CONCRETE SIDEN/ALK a > i � L 'Ar�V�iV TJSS Tl ZONING: DA) ' 6xI GENERAL BUSINESS > OIL 42731 { 107 ACRES 1 Ef 1/ iHA4 -MAR LIMITED FASTNFRSRM IS ht > IOT7 BLOCK 2, RS)", n . STAR It SUBDAVERPON> L E , ' 174971H $5 , r SCHERFGJI 'PLSI , is , IE }` �w Y` TRASH DUMPSTER ENCLOSURES' ZONING, (G9{ HIGH MASONRY WALLS WITH SOLID E IF GENERAL BUSINESS METALGATES (PER ARCH .PLANS) - LAND USE GAS STATE ON OTE ff7 T AP AN n 1 PEEL \\ n>u PROPOSED 2 CONCRtiE 5�� R15 R25' 31'E IL �� I IS, 0 20' IF _FI 22 { I { ( \a- ){ { L PROPOSED a lir - { +��p CONCRETE ` I� { 0 f` 9 " E R Ns o PROPOSED FIRE LANE FT t` REY —R50' R10' yQ J� v`� 5 .A`. PROPOSED \ \F T.TVA CONCRETE ID ® o P.I. 45690 137ACRES COLE WY PORTFOLIO TX UC LOT 4, BLOCK 1 WENDRE SUBDV ADDITION 55.50 PM 3009 SCHERTZ, TX 78154 ZONING: (GB) GENERAL BUSINESS LAND USE RESTAURANT POLL'. SEE ANCNITEGURAL PEWS FOR MAC LOUiIONS AND OPERA OFF OF PORNH£r RAMPS, VESDOULC SLOPED PAVING, BUILDING UnmY 40.17 — --- A 'UNDERGROUND STORAGE TANKS EXISTING PER TO REMAIN i I 1 i 1 ) i / I Y O �, RO CURRENT OWNER OR PARTNERS.I WILLIAM T. DEMUTH 2300 WOLF SL. UNIT 128 52 DALLAS, TX 701 , APPLICANVDEVELOPER REPRESENTATIVE SI AGE PARTRIDGE SCHAFFER CONSTRUCTION 2601 NELWOHK BLVD. STH- 413 :RISCC TEXAS ➢5084 SHE 214 -888 -6923 (0) PHLF 972 9G1 7861 (M) SPARTRIDGFUASCHAFFERCONST. COM KAREN MITCHELL MITCHELL PLANNING GROUP, U C 7823 NINE MILE BRIDGE ROAD FORT WORTH, TEXAS 76135 PHN 817 - 2374467 (0) PLO 817 - 7979134 (M) KMITCH E LL@ M ITCH ELLPLANN I N GG ROUP.COM Know what's below. Call before you dig. LEGEND PROPOSED PROPERTY LINE /RIGHT OF WAY LINE ZONING CONCRETE CURB AND GUTTER. SEE DETAIL PLACE] .B- CURB INLET I PROPOSED USAGE BUILDING CONTROL POINT OPROPOSED PARKING SPACES ( LIMITS OF SIDEWALKS AND CONCRETE LOT AREA APRONS (PER ARCH- PLANS) mwwzrnanrcr;w:o o. ww, PROPOSED FlRE LANE BUILDING AREA (CAR WASH) 966 SF ( IMPERVIOUS COVERAGE 30,534.89 SF (7537%) C FLOOR AREA RATIO 0 07 1 BUILDING HEIGHT 18 8 NUMBER OF STORIES I REQUIRED PARKING UID) 12 SPACES PROVIDED PARKING (FIG) 12 SPACES HANDICAP PARKING 1 SPACE N ID ® o P.I. 45690 137ACRES COLE WY PORTFOLIO TX UC LOT 4, BLOCK 1 WENDRE SUBDV ADDITION 55.50 PM 3009 SCHERTZ, TX 78154 ZONING: (GB) GENERAL BUSINESS LAND USE RESTAURANT POLL'. SEE ANCNITEGURAL PEWS FOR MAC LOUiIONS AND OPERA OFF OF PORNH£r RAMPS, VESDOULC SLOPED PAVING, BUILDING UnmY 40.17 — --- A 'UNDERGROUND STORAGE TANKS EXISTING PER TO REMAIN i I 1 i 1 ) i / I Y O �, RO CURRENT OWNER OR PARTNERS.I WILLIAM T. DEMUTH 2300 WOLF SL. UNIT 128 52 DALLAS, TX 701 , APPLICANVDEVELOPER REPRESENTATIVE SI AGE PARTRIDGE SCHAFFER CONSTRUCTION 2601 NELWOHK BLVD. STH- 413 :RISCC TEXAS ➢5084 SHE 214 -888 -6923 (0) PHLF 972 9G1 7861 (M) SPARTRIDGFUASCHAFFERCONST. COM KAREN MITCHELL MITCHELL PLANNING GROUP, U C 7823 NINE MILE BRIDGE ROAD FORT WORTH, TEXAS 76135 PHN 817 - 2374467 (0) PLO 817 - 7979134 (M) KMITCH E LL@ M ITCH ELLPLANN I N GG ROUP.COM Know what's below. Call before you dig. LEGEND PROPOSED N 0 20' 30' 40' SCALE IN FEET (SCALE.]. INCH = 20 FEET) TRAFFIC FLOW ARROW LANDSCAPE AREA FLOOD CERTIFICATION: I ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 818700210FOATED 11- 02 -07, IS LOCATED IN ZONE "X ", AREA OF MINIMAL ROOD HAZARD AND IS NOT WITHIN 100 YEAR FLOODPLAIN. I SITE DATA PROPERTY LINE /RIGHT OF WAY LINE ZONING CONCRETE CURB AND GUTTER. SEE DETAIL PLACE] .B- CURB INLET I PROPOSED USAGE BUILDING CONTROL POINT OPROPOSED PARKING SPACES ( LIMITS OF SIDEWALKS AND CONCRETE LOT AREA APRONS (PER ARCH- PLANS) mwwzrnanrcr;w:o o. ww, PROPOSED FlRE LANE N 0 20' 30' 40' SCALE IN FEET (SCALE.]. INCH = 20 FEET) TRAFFIC FLOW ARROW LANDSCAPE AREA FLOOD CERTIFICATION: I ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 818700210FOATED 11- 02 -07, IS LOCATED IN ZONE "X ", AREA OF MINIMAL ROOD HAZARD AND IS NOT WITHIN 100 YEAR FLOODPLAIN. I SITE DATA TXDOT NOTE: PLANS HAVE BEEN SUBMITTED TO TxDOT. CEI ENGINEERING IS COORDINATING SIDEWALK, STORM SEWER AND DRIVE ACCESS PERMITTING AS REQUIRED CITY APPROVAL AREA Engineering Associates, Inc. VGINFFR.S PI ANNFRS PUCOUFLT 3030 CW Freeway, Suite 100 (972)488 -3737 Dallas, TX 75234 FAX (972)488 -6732 TR/COUNTYSUSINESS/NDUSTR/AL PARKUN /T 1A, lOT6, 8ZOCK2 SITE PLAN TrATE5, I OF DA 7L SHEET NO 71171 A - -- -oF 4 REV -0 GENERAL BUSINESS ZONING GB) "CONVENIENCE STORE WITH GAS PUMPS & I PROPOSED USAGE LC WASH ( AUTOMATED I LOT AREA 0 93AC/40 510 80 SF C BUILDING AREA 3,000 SF (7.40%) ( BUILDING AREA (CAR WASH) 966 SF ( IMPERVIOUS COVERAGE 30,534.89 SF (7537%) C FLOOR AREA RATIO 0 07 1 BUILDING HEIGHT 18 8 NUMBER OF STORIES I REQUIRED PARKING UID) 12 SPACES PROVIDED PARKING (FIG) 12 SPACES HANDICAP PARKING 1 SPACE TXDOT NOTE: PLANS HAVE BEEN SUBMITTED TO TxDOT. CEI ENGINEERING IS COORDINATING SIDEWALK, STORM SEWER AND DRIVE ACCESS PERMITTING AS REQUIRED CITY APPROVAL AREA Engineering Associates, Inc. VGINFFR.S PI ANNFRS PUCOUFLT 3030 CW Freeway, Suite 100 (972)488 -3737 Dallas, TX 75234 FAX (972)488 -6732 TR/COUNTYSUSINESS/NDUSTR/AL PARKUN /T 1A, lOT6, 8ZOCK2 SITE PLAN TrATE5, I OF DA 7L SHEET NO 71171 A - -- -oF 4 REV -0 MAPSCO ID brtt d Vicinity Map Not to Scale PROPOSED 6" SANITARY —T SEWFRSERVICE .. D ST E 7- ELEVEN (3,150 S.F.) , ` PROPOSED �CLFANOUT 8g P' DOMESTIC ME TER (EXIST NO TO BE REUSED) `. ..�� SPY »4 IA IS Dr ON 1 Os, 1 `\ \ A, RFZ BAGKFLOW �° 4A1 PREVENTER(2) 0° ° °I if nI ' 0 C n t m J i it j o I I i it I° 0° C:� EXISTING FIRE HYDRANT (NEW) Tul Is HE EXISTING AC WATER MAIN AT NEW APS SHALL BE REPLACED WITH DUCTILE 2ON. AC MAIN UNDER ANY ECONSTRUCTED OR RELOCATED IRIVEWAYS OR ANY AREAS SUBJECT TO TRADING OR COMPACTION SHALL BE FN( RV ARK NOLL SEE ANCNITEO9RAL PLANS FOR tXACI LOCAL IONS AND NN EN40NS OF FORCEDS, RAMPS, FESiiBULE, SLOPED Puvw6, amLmnG Vnmv ow what's below. Call before you dig. LEGEND PROPOSED A* N 0 20' 30' 40' SCALE IN FEET (SCALE:]. INCH = 20 FEET) PROPERTY LINE /RIGHT OF WAY LNE - - - - -- STORM DRAIN —X "G— eASSERVICE — X "SS— SANITARY SEWER SERVICE — UGE — UNDERGROUND ELECTRIC SERVICE — UGE&T— UNDERGROUND ELECTRIC AND TELEPHONE SERVICE —UGT— UNDERGROUND TELEPHONE SERVICE —X °W — WATER SERVICE • FDC FIRE DEPARTMENT CONNECTION \ 8g P' DOMESTIC ME TER (EXIST NO TO BE REUSED) `. ..�� SPY »4 IA IS Dr ON 1 Os, 1 `\ \ A, RFZ BAGKFLOW �° 4A1 PREVENTER(2) 0° ° °I if nI ' 0 C n t m J i it j o I I i it I° 0° C:� EXISTING FIRE HYDRANT (NEW) Tul Is HE EXISTING AC WATER MAIN AT NEW APS SHALL BE REPLACED WITH DUCTILE 2ON. AC MAIN UNDER ANY ECONSTRUCTED OR RELOCATED IRIVEWAYS OR ANY AREAS SUBJECT TO TRADING OR COMPACTION SHALL BE FN( RV ARK NOLL SEE ANCNITEO9RAL PLANS FOR tXACI LOCAL IONS AND NN EN40NS OF FORCEDS, RAMPS, FESiiBULE, SLOPED Puvw6, amLmnG Vnmv ow what's below. Call before you dig. LEGEND PROPOSED A* N 0 20' 30' 40' SCALE IN FEET (SCALE:]. INCH = 20 FEET) GENERAL UTILITY NOTES A. ALL WATER LINES SHALL BE TYPE "K" COPPER WITH 48" MIN. COVER. B. ALL SANITARY SEWER LINES SHALL BE SDR- 26 WITH 24 "MIN. COVER. C CONTRACTOR SHALL COORDINATE ANY DISRUPTIONS TO EXISTING UTILITY SERVICES WITH ADJACENT PROPERTY OWNERS. D. ALL ELECTRIC TELEPHONE AND GAS EXTENSIONS INCLUDING SERVICE LINES SHALL BE CONSTRUCTED TO THE APPROPRIA I L UTILITY COMPANY SPECIFICATIONS- ALL UTILITY DISCONNECTIONS SHALL BE COORDINATED WITH THE INSIGNIA I'ED UTILITY COMPANIIfS- I, CONSTRUCTION ARAB NOT 5TART ON ANY PUBLIC U I'ILI TY SYSTEM UN TIL WRIT TEN APPROVAL HAS BEEN RECEIVED BY THE ENGINEER FROM THE APPROPRIATE GOVERNING AUTHORITY AND CONTRACTOR HAS BEEN NOTIFIED BY THE ENGINEER. E PRIOR TO THE CONSTRUCTION OF OR CONNECTION TO ANY STORM DRAIN, SANITARY SEWER, WATER MAIN OR ANY OF THE DRY UTILITIES, THE CONTRACTOR SHALL EXCAVATE, VERIFY AND CALCULATE ALL POINTS OF CONNECTION AND ALL U I UPY CROSSINGS AND INFORM CEI ENGINEERING AND THE OW NER(DLVLIOPER OF ANY CONFLICT OR REQUIRED DEVIATIONS FROM t HE PLAN. NOTIFICATION SHALL BE MADE A MINIMUM OF 48 HOURS PRIOR TO CONSTRUCTION. CEI EN GI N F EST NG AND ITS A IFAREA ARAB .. BE HELD HARMLESS IN THE DUE AT THAT THE CONTRACTOR FAI LS TO MAKE SUCH YOU HCATI O N. G. UNLESS OTHERWISE SHOWN, CALLED OUT OR SPECIFIED HEREON OR WITHIN SPECIFICATIONS : ALL WATER LINE RTRNGS SHALL BE INSTALLED WITH THRUST BLOCKING PER DETAIL 31C. ALL WATER LINE PIPE BEDDING SHALL BE I N PLATTED PER DETAIL 42A. ALL SANITARY SEW ER PIPE BEDDING SHALL BE INSTALLED PER DETAIL 42 B. CITY APPROVAL AREA PP ADS BACKFLOW ., .' P Y ,«.F ,L PREVENTED RMB i y N "� 2" CARWAS \ H P i METER (NEW) "{ t ,., " :f§ IF p N NV T� '? VTH � L\ �A A V ,A F 'a r \ R :: VE ? Y, 30450 1 /]7 /]R ADS OMT NA Z (AIR > " c" _ V CEI PROJECT NO. INITIAL DATE DPOR PM DES DE Engineering Associates Inc. "GLIE M FH � ENGINEERS - PLANNERS SURVEY[ ,q� IAAP LANDSCAPE ARCHITEC TS O —EXISTING FIRE ENV IRONMENTAL 5°TlEN il` HYDRANT G4, Vr�' ..' A, APPLICANT /DEVELOPER SIIAN PARTRIDGE SCHARAP9 CONSTRUCTION 2601 NELWOS1C BLVD. SIB- 413 FRISCO TEXAS Y6064 PH4 214 -888 -6923 (0) PHIL 972 9G1 7861 (M) S RARTRIDGCINSCHAFFERCONST. COM REPRESENTATIVE KAREN MITCHELL MITCHFI L PLANNING GROUP, LLC 7823 NINE CAN F BRIDGE ROAD FORT WORTH, TEXAS 76133 PHN 817 - 2374467 (0) PHI{ 817- 7979134 (M) KMITCH E LL@ M ITCH ELLPLANN I N GG ROUP.COM 3030 LEE Freeway, Suite 100 (972TOM 3737 TR/COUNTVSUSINESSINDUSTRk PARKUN /T 1A, lOT6, ROCK21 UTILITY PLAN REV RA 7L SHEET NO 7 11711a - -- -oF 4 REV -0 I PROPERTY LINE /RIGHT OF WAY LNE - - - - -- STORM DRAIN —X "G— eASSERVICE — X "SS— SANITARY SEWER SERVICE — UGE — UNDERGROUND ELECTRIC SERVICE — UGE&T— UNDERGROUND ELECTRIC AND TELEPHONE SERVICE —UGT— UNDERGROUND TELEPHONE SERVICE —X °W — WATER SERVICE • FDC FIRE DEPARTMENT CONNECTION GENERAL UTILITY NOTES A. ALL WATER LINES SHALL BE TYPE "K" COPPER WITH 48" MIN. COVER. B. ALL SANITARY SEWER LINES SHALL BE SDR- 26 WITH 24 "MIN. COVER. C CONTRACTOR SHALL COORDINATE ANY DISRUPTIONS TO EXISTING UTILITY SERVICES WITH ADJACENT PROPERTY OWNERS. D. ALL ELECTRIC TELEPHONE AND GAS EXTENSIONS INCLUDING SERVICE LINES SHALL BE CONSTRUCTED TO THE APPROPRIA I L UTILITY COMPANY SPECIFICATIONS- ALL UTILITY DISCONNECTIONS SHALL BE COORDINATED WITH THE INSIGNIA I'ED UTILITY COMPANIIfS- I, CONSTRUCTION ARAB NOT 5TART ON ANY PUBLIC U I'ILI TY SYSTEM UN TIL WRIT TEN APPROVAL HAS BEEN RECEIVED BY THE ENGINEER FROM THE APPROPRIATE GOVERNING AUTHORITY AND CONTRACTOR HAS BEEN NOTIFIED BY THE ENGINEER. E PRIOR TO THE CONSTRUCTION OF OR CONNECTION TO ANY STORM DRAIN, SANITARY SEWER, WATER MAIN OR ANY OF THE DRY UTILITIES, THE CONTRACTOR SHALL EXCAVATE, VERIFY AND CALCULATE ALL POINTS OF CONNECTION AND ALL U I UPY CROSSINGS AND INFORM CEI ENGINEERING AND THE OW NER(DLVLIOPER OF ANY CONFLICT OR REQUIRED DEVIATIONS FROM t HE PLAN. NOTIFICATION SHALL BE MADE A MINIMUM OF 48 HOURS PRIOR TO CONSTRUCTION. CEI EN GI N F EST NG AND ITS A IFAREA ARAB .. BE HELD HARMLESS IN THE DUE AT THAT THE CONTRACTOR FAI LS TO MAKE SUCH YOU HCATI O N. G. UNLESS OTHERWISE SHOWN, CALLED OUT OR SPECIFIED HEREON OR WITHIN SPECIFICATIONS : ALL WATER LINE RTRNGS SHALL BE INSTALLED WITH THRUST BLOCKING PER DETAIL 31C. ALL WATER LINE PIPE BEDDING SHALL BE I N PLATTED PER DETAIL 42A. ALL SANITARY SEW ER PIPE BEDDING SHALL BE INSTALLED PER DETAIL 42 B. CITY APPROVAL AREA PP ADS BACKFLOW ., .' P Y ,«.F ,L PREVENTED RMB i y N "� 2" CARWAS \ H P i METER (NEW) "{ t ,., " :f§ IF p N NV T� '? VTH � L\ �A A V ,A F 'a r \ R :: VE ? Y, 30450 1 /]7 /]R ADS OMT NA Z (AIR > " c" _ V CEI PROJECT NO. INITIAL DATE DPOR PM DES DE Engineering Associates Inc. "GLIE M FH � ENGINEERS - PLANNERS SURVEY[ ,q� IAAP LANDSCAPE ARCHITEC TS O —EXISTING FIRE ENV IRONMENTAL 5°TlEN il` HYDRANT G4, Vr�' ..' A, APPLICANT /DEVELOPER SIIAN PARTRIDGE SCHARAP9 CONSTRUCTION 2601 NELWOS1C BLVD. SIB- 413 FRISCO TEXAS Y6064 PH4 214 -888 -6923 (0) PHIL 972 9G1 7861 (M) S RARTRIDGCINSCHAFFERCONST. COM REPRESENTATIVE KAREN MITCHELL MITCHFI L PLANNING GROUP, LLC 7823 NINE CAN F BRIDGE ROAD FORT WORTH, TEXAS 76133 PHN 817 - 2374467 (0) PHI{ 817- 7979134 (M) KMITCH E LL@ M ITCH ELLPLANN I N GG ROUP.COM 3030 LEE Freeway, Suite 100 (972TOM 3737 TR/COUNTVSUSINESSINDUSTRk PARKUN /T 1A, lOT6, ROCK21 UTILITY PLAN REV RA 7L SHEET NO 7 11711a - -- -oF 4 REV -0 I AEFESPEO ISE, 521 FIX Vicinity Map Not to Scale "F� P ,IF APPI ICANT/F)FVFt OPFR RUN( HEVlARK POLL SEE ANCIPIDEGURAL PLANS FOR EXPEL LOCAL IONS AND RIVERS OFF OF PORNI£S, RAMPS, FEEL � VULC SLOPED PAVING, BUILDING DTIJ ITY RFPRFSFNTAT1VF L ,% SL ANY PARTRIDGE KAREN MITCHELL " TFP SCHAFTPR CONSTRUCTION MITCHFH L PLANNING GROUP, TC I G 'F 2601 NELWODOK BLVD. SIL 413 78�3 NINE YEN F BRIDGE ROAD PRISECO, I EXAS TE034 FORT WORTH, TEXAS 76135 N1 ALIT 214 888-6923 (0) PH# 817 2374467 (0) PHLY 972-9bl-/8V (M) PHA 817-797 9134 (M) 0" SPARTRIDGEPt SCHAFFERCONAT CARS WWW MITCHELLPLEANNIFUGGROUP COM A, ow what's below. Call before you dig. LEGEND PROPOSED PROPERTY LINE /RIGHT OF WAY HAS A* N 0 20' 30, 40' =m- SCALE IN FEET (SCALE.]. INCH = 20 FEET) • FDC FIRE DEPARTMENT CONNECTION I a :110] 9011 a 91 PROPERTY UNT/R[GHT OF WAY LINEH GRADEBREAK - XXX — CONTOUR ELEVATIONS — — — — — — — STORM DRAIN xx.xx SPOT ELEVATIONS TC - TOP OF CURB G - GUTTER A PRIOR TO INSTALLATION OF STORM OR SANITARY SEWER, THE CONTRACTOR SHALL EXCAVATE, VERIFY, AND CALCULATE ALL CROSSINGS AND INFORM THE OWNER AND THE ENGINEER OF ANY CONFLICTS PRIOR TO CONSTRUCTION THE ENGINEER WILL BE HELD HARMLESS IN THE [VENT THE ENGINEER IS NOT PALI A OF DESIGN CONFLICTS - B. ALL SLOPES AND AREAS DISTURBED By CONSTRUCTION SHAI L BE GRADED SMOOTH AND FE'OF TOPSOIL APPLIED. IF ADEQUATE TOPSOIL IS NOT AVAILABLE ON SITE, THE CONTRACTOR SHALL PROVIDE TOPSOIL, APPROVED By THE OWNER, AS NEEDED. THE AREA SHALL THEN BE SEEDED, FERTILIZED, MULCHED, WATERED AND MAINTAINED UNTIL HARDY GRASS GROWTH IS ESTABLISHED IN ALL AREAS (SEE LANDSCAPE PLAN FOR SEED MIX AND PROPER APPLICATION1 RATE). ANY AREAS DISTURBED FOR ANY REASON PRIOR TO FINAL ACCEPTANCE OF THE PROJECT SHALL BE CORRECTED BATHE CONTRACTOR AT NO ADDITIONAL COST TO THE OWNER I C, T' HE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION ANDLAOR ELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS IS BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES, AND WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD THE INFORMATION IS NOT TO BE RELIED ON AS BEING EXACT OR COMPLETE. THE CONTRACTOR MUST CALL THE APPROPRIATE UTILITY COMPANY AT LEAST 48 HOURS BEFORE ANY EXCAVATION REQUEST EXACT FIELD LOCATION OF UTILITIES. D. UNLESS OTHERWISE SHOWN, CALLED CUT OR SPECIFIED HEREON OR WITHIN THE SPECIFICATIONS. ALL STORM DRAIN PIPE BEDDING SHALL BE INSTALLED PER DETAIL 28A ALL STORM DRAIN PIPES ARE MEASURED FROM CENTER OF STRUCTURES AND ENDS OF FLARED END SECTIONS. CITY APPROVAL AREA STORM DRAIN VIS GAS SERVICE — X"SS— SANITARY SEWER SERVICE — UGE - UNDERGROUND ELECTRIC SERVICE UGE&T- UNDERGROUND ELECTRIC AND TELEPHONE SERVICE — UGT - UNDERGROUND TELEPHONE SERVICE — XVW — WATER SERVICE • FDC FIRE DEPARTMENT CONNECTION I a :110] 9011 a 91 PROPERTY UNT/R[GHT OF WAY LINEH GRADEBREAK - XXX — CONTOUR ELEVATIONS — — — — — — — STORM DRAIN xx.xx SPOT ELEVATIONS TC - TOP OF CURB G - GUTTER A PRIOR TO INSTALLATION OF STORM OR SANITARY SEWER, THE CONTRACTOR SHALL EXCAVATE, VERIFY, AND CALCULATE ALL CROSSINGS AND INFORM THE OWNER AND THE ENGINEER OF ANY CONFLICTS PRIOR TO CONSTRUCTION THE ENGINEER WILL BE HELD HARMLESS IN THE [VENT THE ENGINEER IS NOT PALI A OF DESIGN CONFLICTS - B. ALL SLOPES AND AREAS DISTURBED By CONSTRUCTION SHAI L BE GRADED SMOOTH AND FE'OF TOPSOIL APPLIED. IF ADEQUATE TOPSOIL IS NOT AVAILABLE ON SITE, THE CONTRACTOR SHALL PROVIDE TOPSOIL, APPROVED By THE OWNER, AS NEEDED. THE AREA SHALL THEN BE SEEDED, FERTILIZED, MULCHED, WATERED AND MAINTAINED UNTIL HARDY GRASS GROWTH IS ESTABLISHED IN ALL AREAS (SEE LANDSCAPE PLAN FOR SEED MIX AND PROPER APPLICATION1 RATE). ANY AREAS DISTURBED FOR ANY REASON PRIOR TO FINAL ACCEPTANCE OF THE PROJECT SHALL BE CORRECTED BATHE CONTRACTOR AT NO ADDITIONAL COST TO THE OWNER I C, T' HE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION ANDLAOR ELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS IS BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES, AND WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD THE INFORMATION IS NOT TO BE RELIED ON AS BEING EXACT OR COMPLETE. THE CONTRACTOR MUST CALL THE APPROPRIATE UTILITY COMPANY AT LEAST 48 HOURS BEFORE ANY EXCAVATION REQUEST EXACT FIELD LOCATION OF UTILITIES. D. UNLESS OTHERWISE SHOWN, CALLED CUT OR SPECIFIED HEREON OR WITHIN THE SPECIFICATIONS. ALL STORM DRAIN PIPE BEDDING SHALL BE INSTALLED PER DETAIL 28A ALL STORM DRAIN PIPES ARE MEASURED FROM CENTER OF STRUCTURES AND ENDS OF FLARED END SECTIONS. CITY APPROVAL AREA Vicinity Map Not to Scale �(1 tLP IT { r t. Ny Y" S, U`4. T •A� SHE sr x A L.s. €y � 1 1P1' fi J( a WAYSp ! T ,41 M§ - Xyiyi " r,�LJ A F gXm ;� H ,• {Y, pA\ A: f Y t ys AAFA G t i 3 ILL Y 8, 1'v ti t 34X X AS, t U 12 t\ t s t .. i r4..,.,. F ( r yti R' L Xi., i�._ri (SEE PLANT LIST) 50A , LANDSCAPE REQUIREMENTS 33 TREES PROVIDED SHADE TREES tt L i` rW ' 12 -, B&B rtt T - •0 'o cv x^rvr� • � ;: rt , 2,378 SF OF LANDSCAPE REQUIRED Y A FEE 8 V i '.w4V IN YJA / °w ' REQUIRED PARKING LANDSCAPE v'4 ( ALL PARKING LOTS SHALL BE SCREENED FROM ALL i i R°t\ ' L a \ TYP. B DETAIL �, PLANTING STRIP 36 m 5gal �P 30" LET STRIP PROVIDED 23 A 15' LANDSCAPE STRIP SHALL BE PROVIDED WHEN p L r r I i e 49 { Sgal / 373 LF OF PERIMETER AREA /50= 8TREES 8'FREFS PROVIDED } °, PERIMETER LANDSCAPE AREAS SHALL CONTAIN AT L 508 Vii 62 .,;. 3gal A MINIMUM 20'WIDE LANDSCAPE BUFFER SHALL 313 LF OF RIGHT OF WAY /20= 19SHADE 19 SHADE TREES r BE PROVIDED ALONG ANY PUBLIC RIGHT OF -WAY. TREES REQUIRED PROVIDED LANDSCAPE BUFFER • TREES SHALL BE PLANTED AT AN AVERAGE DENSITY OF I SHADE TREE PER 20 LF w FFT a'Y '%%% ,• {Y, pA\ A: f Y t ys AAFA G t i 3 ILL Y 8, 1'v ti t 34X X AS, t U 12 t\ A s t .. i r4..,.,. F ( r yti v4C t , I'll 3 VT AAFA G t i 3 Vi / `~z?S ti t 34X X AS, t U SE, A , F t v4C t , L Xi., i�._ri (SEE PLANT LIST) I'll 3 BOUNDARY LINE AAFA G t i 3 Vi / `~z?S -- RIGHT OF WAY LINE X AS, t U STORM DRAIN A , F BERMUDA GRASS SOD v4C t , r"N TYPICAL PLANTING WITH QUANTITY AND KEY E t. ,i ` b, IS �G 0j \GP. <sA, EF Cl V; \\ � I ) E I I I I i; 1- !I IS, o oI ID ® c0 �D / i Id j / t J i YY `G1F,. �XR, N • as • C9 X"A rsI � y' 14 y4 " }' X FEL r b r R. o BOUNDARY LINE UNDERGROUND IRRIGATION SYSTEM. PROVIDED AREA -- RIGHT OF WAY LINE flA STORM DRAIN CONT A MINIMUM O °20% OF THC TOTAL LAND ARE ^A an BERMUDA GRASS SOD LANDSCAPE AREA r"N TYPICAL PLANTING WITH QUANTITY AND KEY 4 i�._ri (SEE PLANT LIST) 50A , LANDSCAPE REQUIREMENTS 33 TREES PROVIDED SHADE TREES dF i rW ' 12 w' B&B 25 "Cal - •0 'o cv x^rvr� • � ;: FEE w,p 2,378 SF OF LANDSCAPE REQUIRED Y A FEE 8 1 TREE SHALL. RE REQUIRED PER 400 SF OF 2,328 /400 =6 TREES REQUIRED '.w4V IN YJA / °w ' REQUIRED PARKING LANDSCAPE ( ALL PARKING LOTS SHALL BE SCREENED FROM ALL i i SCREENING PROVIDED ' L a \ FEL r b r R. o BOUNDARY LINE UNDERGROUND IRRIGATION SYSTEM. PROVIDED AREA -- RIGHT OF WAY LINE QTY STORM DRAIN CONT A MINIMUM O °20% OF THC TOTAL LAND ARE ^A 40,552SF *20 %= 8,130SFOF BERMUDA GRASS SOD LANDSCAPE AREA r"N TYPICAL PLANTING WITH QUANTITY AND KEY LANDSCAPE AREA REQUIRED i�._ri (SEE PLANT LIST) 50A 9 TREES SHALL BE PLANTED PER ACES OF GROSS LANDSCAPE REQUIREMENTS 33 TREES PROVIDED SHADE TREES i 12 w' B&B 25 "Cal - •0 'o cv x^rvr� 23,284 SF OF GROSS PARKING' 10%= 2,220 SF PROVIDED BE LANDSCAPED 2,378 SF OF LANDSCAPE REQUIRED Ell I r • , 8 1 TREE SHALL. RE REQUIRED PER 400 SF OF 2,328 /400 =6 TREES REQUIRED '.w4V IN YJA / °w ' REQUIRED PARKING LANDSCAPE ( ALL PARKING LOTS SHALL BE SCREENED FROM ALL i i SCREENING PROVIDED PARKING AREA ABUTTING PROPERTIES WITH A MINIMUM S 'WIDE TYP. B DETAIL LANDSCAPE PLANTING STRIP 36 m 5gal 506 30" LET STRIP PROVIDED 23 A 15' LANDSCAPE STRIP SHALL BE PROVIDED WHEN 5gal 506 I i e 49 LF- cophyllumtandlduar Thunder Gourd TM /TexxASSM, Sgal 508 373 LF OF PERIMETER AREA /50= 8TREES 8'FREFS PROVIDED 10 PERIMETER LANDSCAPE AREAS SHALL CONTAIN AT L 508 EF 62 .,;. 3gal A MINIMUM 20'WIDE LANDSCAPE BUFFER SHALL 313 LF OF RIGHT OF WAY /20= 19SHADE 19 SHADE TREES BE PROVIDED ALONG ANY PUBLIC RIGHT OF -WAY. TREES REQUIRED PROVIDED LANDSCAPE BUFFER • TREES SHALL BE PLANTED AT AN AVERAGE DENSITY OF I SHADE TREE PER 20 LF w FFT ! 'g av EA ,N M " tNwM C:S' ' AN'sN .. STF VxfatT t,,,�,NLP ,b OFF LANDSCAPE NOTES ow what's below. Call before you dig. LEGEND PROPOSED N 0 20' 30 40' SCALE IN FEET (SCALE. I INCH = 20 FEET) NOT( SEE KE` Un TPCUaAIPANs ran t Wal9oNS AND DiMI N99Ns of PONCIES eNN% VES ¢u L SLOPED PAVING au m LOG Vtl'JtY ENTRANCE LOUT ONE AND PILCSC DVNDMG DIMENSIONS ALL LANDSCAPE AREAS SHALL BE MAINTAINED WITH AN AUTOMATIC BOUNDARY LINE UNDERGROUND IRRIGATION SYSTEM. PROVIDED AREA -- RIGHT OF WAY LINE QTY STORM DRAIN CONT A MINIMUM O °20% OF THC TOTAL LAND ARE ^A 40,552SF *20 %= 8,130SFOF BERMUDA GRASS SOD LANDSCAPE AREA r"N TYPICAL PLANTING WITH QUANTITY AND KEY LANDSCAPE AREA REQUIRED i�._ri (SEE PLANT LIST) 50A 9 TREES SHALL BE PLANTED PER ACES OF GROSS LANDSCAPE REQUIREMENTS PLANT SCHEDULE REQUIREMENT REQUIRED PROVIDED AREA TREES QTY (BOTANICAL NAME /COMMON NAME CONT A MINIMUM O °20% OF THC TOTAL LAND ARE ^A 40,552SF *20 %= 8,130SFOF 9,773 SP PROVIDED (24%) LANDSCAPE AREA SHALL BE LANDSCAPED LANDSCAPE AREA REQUIRED 2.5 "Cal 50A 9 TREES SHALL BE PLANTED PER ACES OF GROSS 9TREES REQUIRED 33 TREES PROVIDED SHADE TREES i 12 LOT AREA B&B 25 "Cal 50A 10 PERCENT OF THE GROSS PARKING AREA SHALL 23,284 SF OF GROSS PARKING' 10%= 2,220 SF PROVIDED BE LANDSCAPED 2,378 SF OF LANDSCAPE REQUIRED (11.6%) 8 1 TREE SHALL. RE REQUIRED PER 400 SF OF 2,328 /400 =6 TREES REQUIRED 6TREES PROVIDED SOA REQUIRED PARKING LANDSCAPE ( ALL PARKING LOTS SHALL BE SCREENED FROM ALL i i SCREENING PROVIDED PARKING AREA ABUTTING PROPERTIES WITH A MINIMUM S 'WIDE SIZE DETAIL LANDSCAPE PLANTING STRIP 36 Berbens th If nber gN Cri mean Pygmy/ Crimson Pygmy Barberry 5gal 506 30" LET STRIP PROVIDED 23 A 15' LANDSCAPE STRIP SHALL BE PROVIDED WHEN 5gal 506 I i A PARKING AREA ABUTS A STREET RIGHT OF-WAY 49 LF- cophyllumtandlduar Thunder Gourd TM /TexxASSM, Sgal 508 373 LF OF PERIMETER AREA /50= 8TREES 8'FREFS PROVIDED 10 PERIMETER LANDSCAPE AREAS SHALL CONTAIN AT REQUIRED 508 LEAST ONE TREE PER 50 LF OF PERIMETER AREA 62 Strips, tenwAslma' Perry Tails / Mexican Feathergrass 3gal A MINIMUM 20'WIDE LANDSCAPE BUFFER SHALL 313 LF OF RIGHT OF WAY /20= 19SHADE 19 SHADE TREES BE PROVIDED ALONG ANY PUBLIC RIGHT OF -WAY. TREES REQUIRED PROVIDED LANDSCAPE BUFFER TREES SHALL BE PLANTED AT AN AVERAGE DENSITY OF I SHADE TREE PER 20 LF PLANT SCHEDULE TREES QTY (BOTANICAL NAME /COMMON NAME CONT CAL (SIZE DETAIL L a OF 4 13 Matanus mePeana/ Mexican Sycamore S & B 2.5 "Cal 50A • I I i 12 Q AEus texana /Texas Red Oak B&B 25 "Cal 50A ( i i i 8 Taxodlum dlsdshum'Shawnee Brave TM /Bald Cypress S &B 2,5 "Cal SOA ( i i SHRUBS QTY (BOTANICAL NAME /COMMON NAME SIZE DETAIL I HEIGHT I 36 Berbens th If nber gN Cri mean Pygmy/ Crimson Pygmy Barberry 5gal 506 30" LET QLx�S 23 Junlperus honortalia PIuni Compacta'/ Creeping Junper I 5gal 506 I i 49 LF- cophyllumtandlduar Thunder Gourd TM /TexxASSM, Sgal 508 30 LET 10 I Myna cerlfera'Don's Dwarf`/ Don's Dwarf Wax Myrtle 5 gal 508 62 Strips, tenwAslma' Perry Tails / Mexican Feathergrass 3gal 506 OWNER APPLICANT /DEVELOPER PAR PARTNERS.I WILLIAM T. DEMUTH 2300 WOLF ST., UNIT 126 DALLAS. TX 75201 SUMACS PARTRIDGE SCHAFFER CONSTRUCTION 2601 NETWORK FLVD_ S'I'E_ 413 FRISCO, TX 75034 PH9 214888 -6923 (0) PHx 972- 951 -7851 LD SPARTRIDGEITSCHAFFERCONST. COM ENGINEER CEI LNGINDURING ASSOCIAC ES. INC 30301 HJ FREEWAY, SUITE 100 PAL LAS. TX 75234 DAVID I PION PROJECT MANAGER DTIPTONE"CHFNG. COM PIT- (972)- 488 -3737 FAX# (972) 488 -6732 PRELIMINARY NOT FOR CONSTRUCTION -- CITY APPROVAL AREA Engineering Associates, Inc. VGJNFFPC AS ANNFPS SIIPVFY( 3030 LSJ Freeway, Suite 190 (9]2)488 -3737 TRI COUNTY901 ESSINDUSTRW PARKUNIT 1A,10T6, &OX YET V DA 7L STFFI NO, LANDSCAPE PLAN 7112118 L a OF 4 REV -0 Y Q a do W Lo Q 3 Q J 0 V. 0 CJ 0 Lo 0 0 GENERAL NOTES 1. CONTRACTOR IS RESPONSIBLE FOR ENSURING THAT ALL PROPOSED LANDSCAPING IS INSTALLED IN ACCORDANCE WITH PLANS, DETAILS, SPECIFICATIONS (IF APPLICABLE) AND ALL LOCAL CODES AND REQUIREMENTS. 2. CONTRACTOR TO INSPECT SITE AND VERIFY CONDITIONS AND DIMENSIONING PRIOR TO PROCEEDING WITH WORK DESCRIBED HERE IN. NOTIFY LANDSCAPE ARCHITECT OF ANY DISCREPANCIES PRIOR TO BEGINNING ANY CONSTRUCTION. 3. QUANTITIES PROVIDED IN THE PLANT LIST ARE FOR GENERAL USE ONLY. CONTRACTOR IS RESPONSIBLE FOR VERIFICATION OF ALL PLANT AND LANDSCAPE MATERIAL QUANTITIES. SYMBOL COUNT ON PLAN TAKES PRECEDENCE OVER TABLE QUANTITIES. 4. IMMEDIATELY AFTER AWARD OF CONTRACT, NOTIFY THE OWNER'S REPRESENTATIVE AND /OR THE LANDSCAPE ARCHITECT OF UNAVAILABILITY OF SPECIFIED PLANT MATERIAL FROM COMMERCIAL NURSERIES. THE OWNER'S REPRESENTATIVE AND /OR LANDSCAPE ARCHITECT WILL PROVIDE ALTERNATE PLANT MATERIAL SELECTIONS IF UNAVAILABILITY OCCURS. SUCH CHANGES SHALL NOT ALTER THE ORIGINAL BID PRICE UNLESS A CREDIT IS DUE TO THE OWNER. 5. ALL PLANT MATERIALS TO CONFORM TO THE AMERICAN STANDARD FOR NURSERY STOCK ANSI Z60.1. 6. CONTAINER GROWN STOCK SHOULD HAVE GROWN IN A CONTAINER LONG ENOUGH FOR THE ROOT SYSTEM TO HAVE DEVELOPED SUFFICIENTLY TO HOLD ITS SOIL TOGETHER. 7. ANY PLANT SUBSTITUTIONS, RELOCATION, OR REQUIRED CHANGE SHALL REQUIRE THE WRITTEN APPROVAL OF THE LANDSCAPE ARCHITECT OR OWNER. 8. THE OWNER'S REPRESENTATIVE AND /OR LANDSCAPE ARCHITECT RESERVE THE RIGHTTO REFUSE ANY MATERIAL THEY DEEM UNACCEPTABLE. 9. COORDINATE WITH PROJECT REPRESENTATIVE FOR DISTURBED SITE TREATMENTS OUTSIDE LANDSCAPE IMPROVEMENTS. SEE CIVIL PLANS FOR SOIL STABILIZATION FOR EROSION CONTROL. 10. IF REQUIRED, CONTRACTOR TO ENSURE THAT AN AUTOMATED IRRIGATION SYSTEM THAT PROVIDES COMPLETE COVERAGE OF THE SITE IS INSTALLED PRIOR TO INSTALLING TREES /PALMS (SEE IRRIGATION PLAN SHEET IF PROVIDED). IF NO PLAN IS PROVIDED THE CONTRACTOR SHALL SUBMIT PROPOSED DESIGN TO THE LANDSCAPE ARCHITECT /ENGINEER FOR APPROVAL PRIOR TO INSTALLATION. THE PROPOSED DESIGN MUST HAVE AN APPROVED BACKFLOW DEVICE AND RAIN SENSOR INSTALLED TO STOP IRRIGATION DURING RAIN EVENTS. CONTRACTOR SHALL ENSURE THAT THERE IS POSITIVE DRAINAGE AND NO PONDING OF WATER AT ROOT AREA. 11. ALL SLOPES AND AREAS DISTURBED BY CONSTRUCTION SHALL BE GRADED SMOOTH AND FOUR INCHES OF TOPSOIL APPLIED. IF ADEQUATE TOPSOIL IS NOT AVAILABLE ON SITE, THE CONTRACTOR SHALL PROVIDE TOPSOIL, APPROVED BY THE OWNER, AS NEEDED. THE AREA SHALL THEN BE SEEDED /SODDED, FERTILIZED, MULCHED, WATERED AND MAINTAINED UNTIL HARDY GRASS GROWTH IS ESTABLISHED IN ALL AREAS. ANY RELOCATED TREES SHALL BE MAINTAINED UNTIL SUCH POINT AS TREE IS RE- ESTABLISHED. ANY AREAS DISTURBED FOR ANY REASON PRIOR TO FINAL ACCEPTANCE OF THE PROJECT SHALL BE CORRECTED BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE OWNER. 12. PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING ALL UNDERGROUND UTILITIES AND SHALL AVOID DAMAGE TO ALL UTILITIES DURING THE COURSE OF THE WORK. LOCATIONS OF EXISTING BURIED UTILITY LINES SHOWN ON THE PLANS ARE BASED UPON BEST AVAILABLE INFORMATION AND ARE TO BE CONSIDERED APPROXIMATE. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR 1) TO VERIFY THE LOCATIONS OF UTILITY LINES AND ADJACENT TO THE WORK AREA 2) TO PROTECT OF ALL UTILITY LINES DURING THE CONSTRUCTION PERIOD 3) TO REPAIR ANY AND ALL DAMAGE TO UTILITIES, STRUCTURES, SITE APPURTENANCES, ETC. WHICH OCCURS AS A RESULT OF THE CONSTRUCTION AT NO COST TO THE OWNER. 11 WEED MAT IS REQUIRED IN LANDSCAPED ISLANDS AS SPECIFIED. 14. ALL PLANT MATERIAL QUANTITIES SHOWN ARE APPROXIMATE. CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLETE COVERAGE OF ALL PLANTING BEDS AT SPACING SHOWN. 15. IF A SWPPP PLAN IS PROVIDED THIS PLAN IS TO BE IMPLEMENTED COOPERATIVELY WITH SWPPP PLAN, AS NEEDED, TO MAXIMIZE THE EFFECTIVENESS OF THE SWPPP PLAN FOR THIS SITE. 16. THE CONTRACTOR IS ENCOURAGED TO COMPLETE TEMPORARY OR PERMANENT SEEDING OR SODDING IN STAGES FOR SOIL STABILIZATION AS AREAS ARE COMPLETED AFTER GRADING. 17. ALL DISTURBED AREAS AS DESIGNATED ON THE GRADING PLAN SHALL BE SOWN WITH GRASS SEED MIX OF 45% YUKON BERMUDA GRASS, 45% MAJESTIC BERMUDA GRASS, 10% CENTIPEDE BY WEIGHT @ 3LBS / 1000 SF. 18. SEEDING ON SLOPES: HYDROSEED WITH GRASS SEED AS INDICATED ON PLANS. SEE LEGEND FOR SPECIFIC GRASS SEED TYPE. SEEDING SHALL BE ACCOMPLISHED IMMEDIATELY AFTER BED PREPARATION. HYDROSEED MIXTURE SHALL CONTAIN CELLULOSE MULCH APPLIED AT A RATE OF 2,000 LBS. /ACRE, WITH A MAXIMUM OF 50 LBS. /100 GAL. OF WATER. IF SEEDING IS DELAYED AFTER MIXING 1/2 - 2 HOURS ADD AN ADDITIONAL 50% OF SEED MIX, IF DELAY IS LONGER THAN 2 HOURS, BEGIN WITH NEW MIXTURE. ALL SLOPES 2:1 OR GREATER SHALL BE COVERED WITH EROSION CONTROL BLANKET AS SHOWN IN THE EROSION CONTROL BLANKET DETAIL. SEE SPECIFICATIONS FOR SEED ESTABLISHMENT REQUIREMENTS, 19. ALL PLANT MATERIAL IN TREE HOLDING AREAS SHALL BE MANUALLY WATERED /IRRIGATED TO KEEP MOIST UNTIL PLANTED. PLAN 8" 2 -PLY RUBBER HOSE WHITE FLAGGING (TYP.) DOUBLE STRAND 12 GAUGE WIRE COVERED W/2 -PLY RUBBER HOSE PAINTED FLUORESCENT ORANGE TREE WRAP 4 INCHES MULCH 4 INCH DEEP SAUCER 8' STEEL TEE POST- 3 REQUIRED AT 120' BACKFILL MIX UNDISTURBED SUBSOIL REMOVE BURLAP & ROPE FROM TOP 1/3 OF THE BALL NOTE: SEE LANDSCAPE NOTES FOR THE TYPE OF MULCH MATERIAL TO USE. TREE PLANTING 50A N.T.S. PLANTING NOTES 1. LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR PREPARING ALL PLANTED AREAS. ALL DELETERIOUS MATERIALS SUCH AS ROCK, TRASH, CONSTRUCTION DEBRIS, AGGREGATE BASE MATERIAL, ASPHALT, ETC. SHALL BE REMOVED PRIOR TO ANY FILL OPERATIONS. FILL ALL PLANTING AREAS WITH CLEAN EARTHEN FILL. SOIL SHALL BE FREE OF HEAVY, STIFF CLAY AND ANY DELETERIOUS MATERIAL OVER ONE INCH IN SIZE. THE TOP SIX INCHES OF FILL MATERIAL STRIPPED FROM SITE MAY BE UTILIZED FOR PLANTER OR TOPSOIL FILL IF PRIOR APPROVAL HAS BEEN OBTAINED FROM THE OWNER'S REPRESENTATIVE AND /OR LANDSCAPE ARCHITECT. 2. FINISH GRADE OF LANDSCAPE AREAS (TOP OF TURF AND MULCH) MUST BE GRADED TO 11/2" BELOW ADJACENT PAVEMENT SURFACES. 3. LOCATE SHRUBS A DISTANCE OF HALF OF THEIR AVERAGE MATURE SPREAD AWAY FROM WALKS, STRUCTURES, CONCRETE PADS, ETC. LOCATE GROUND COVER PLANTINGS A MINIMUM OF 2' FROM WALKS, STRUCTURES, CONCRETE PADS, ETC. 4. ALL LAWN AREAS NOT OTHERWISE BORDERED BY WALKS, OR OTHER STRUCTURES, SHALL HAVE MANUFACTURED EDGING AS REQUIRED. 5. TREES PLANTED ADJACENT TO PUBLIC ROADS AND PEDESTRIAN SIDEWALKS SHALL BE PRUNED SUFFICIENTLY TO AVOID VISUAL BLOCKS TO INTERSECTING VEHICULAR ACCESS OR INTERFERENCE WITH PEDESTRIAN WALKWAYS. TREES WITH A 4" OR LARGER CALIPER SHALL BE PRUNED UP TO 6-0" ABOVE PAVEMENTS. 6. ALL TREES WITHIN 4' OF PAVED SURFACES (SUCH AS CURBS, WALLS, BUILDINGS AND SIDEWALKS) SHALL BE PROVIDED WITH A DEEP ROOT BARRIER CONTROL DEVICE OR EQUAL. INSTALL PER MFR'S SPECIFICATIONS. 7. TOPSOIL DEPTH SHALL BE AS FOLLOWS PLANTER BEDS - 12" MINIMUM GRASS /SOD AREAS - 4" MINIMUM (AFTER COMPACTION) 8. BACKFILL ALL TREES, SHRUBS, GROUNDCOVER WITH A MIXTURE OF 2 PARTS NATIVE SOIL AND 1 PART SOIL CONDITIONING WITH WOOD MULCH. 9. THE LANDSCAPE CONTRACTOR SHALL WATER TEST ALL PLANTING HOLE PRIOR TO PLANTING. IF HOLES DO NOT DRAIN PROPERLY, EXCAVATE FURTHER UNTIL IMPERMEABLE LAYER IS BREACHED. EXCAVATED PLANT PITS SHALL HAVE POSITIVE DRAINAGE. PLANT PITS (WHEN FULLY FLOODED WITH WATER) SHALL DRAIN WITHIN 1 HOUR OF FILLING. ENSURE THAT ALL PLANT PITS HAVE POSITIVE DRAINAGE. 10, ALL PLANTING BEDS SHALL BE TREATED WITH A PRE - EMERGENT HERBICIDE. PRE - EMERGENT HERBICIDE SHALL BE APPLIED PER MANUFACTURE'S RECOMMENDATIONS AND SHALL OCCUR AFTER TOPSOIL PLACEMENT AND PRIOR TO INSTALLATION OF PLANT MATERIALS AND MULCH. 11. FERTILIZE ALL PLANTS AT THE TIME OF PLANTING WITH A TIME RELEASE FERTILIZER PER BRAND'S SPECIFIED APPLICATION RATES. 12. ALL PLANTING BED SOILS SHALL BE AMENDED WITH 2" OF ORGANIC COMPOST 13. ALL TREES AND SHRUBS SHALL BE PLANTED IN SUCH A MANNER AS TO ENSURE THEIR SURVIVAL. 14. ANY ROPE OR WIRE BINDING THE BALL SHALL BE CUT PRIOR TO PREVENT GIRDLING OF THE TREE. REMOVE WIRE, TWINE, AND BURLAP FROM THE TOP HALF OF ALL B &B PLANT MATERIAL, 15. IF A NON - BIODEGRADABLE MATERIAL IS USED AROUND THE BALL, IT SHALL BE COMPLETELY REMOVED PRIOR TO BACKFILLING. 16. PRIOR TO INSTALLATION, THE ROOTS OF CONTAINER GROWN STOCK SHALL BE SEPARATED OR SPLIT TO ENSURE PROPER ROOT DEVELOPMENT. 17. CONTRACTOR SHALL BE RESPONSIBLE FOR DELIVERY SCHEDULE AND PROTECTION BETWEEN DELIVERY AND PLANTING TO MAINTAIN HEALTHY PLANT CONDITIONS. 18, ANY PLANT MATERIAL WHICH IS DISEASED, DISTRESSED, DEAD, OR REJECTED (PRIOR TO SUBSTANTIAL COMPLETION) SHALL BE PROMPTLY REMOVED FROM THE SITE AND REPLACED WITH MATERIAL OF THE SAME SPECIES, QUANTITY, AND SIZE AND MEETING ALL PLANT LIST SPECIFICATIONS. TREES & SHRUBS SHALL BE PLANTED AS SOON AS POSSIBLE AFTER DELIVERY. 19. ALL TREES MUST BE STRAIGHT- TRUNKED, FULL - HEADED AND MEET ALL REQUIREMENTS SPECIFIED. 20. ALL TREES MUST BE STAKED AS SHOWN IN THE DETAILS. 21, NO SUBSTITUTIONS OR ALTERNATIVES WILL BE ALLOWED FOR GROUND SURFACE MATERIALS UNLESS APPROVED IN WRITING BY THE LANDSCAPE ARCHITECT OR OWNER. 22. MAINTAIN 5' MIN. HORIZONTAL SEPARATION BETWEEN TREE PLANTINGS AND ALL UTILITIES UNLESS OTHERWISE SPECIFIED. 23. A FOUR INCH (4 ") TOP DRESSING /MULCHING OF SHREDDED HARDWOOD MULCH SHALL BE PLACED IN ALL PLANT BEDS AND AROUND ALL TREES. SINGLE TREES OR SHRUBS SHALL HAVE TOP DRESSING TO THE OUTSIDE EDGE OF THE MANUFACTURED EDGING OR LANDSCAPE ISLAND. (SEE PLANTING DETAILS) TOP DRESSING CAN BE WOOD MULCH, ROCK, OR ANY OTHER DECORATIVE MATERIAL SPECIFIED ON PLANS. SEE LANDSCAPE PLAN FOR TYPE. 24. THE FOLLOWING PLANTING SEASONS ARE RECOMMENDED: EVERGREEN SHRUBBERY NOV -MAR DECIDUOUS SHRUBBERY & TREES NOV -MAR EVERGREEN TREES NOV -MAR WEED MAT (ONLY IF SHRUB IS WITHIN A PLANTING BED) p m a 4 INCHES MULCH (SEE LANDSCAPE NOTES FOR TYPE OF MULCH) IF SHRUB IS B & B, THEN o� REMOVE BURLAP & ROPE FROM TOP 1/3 OF BALL BACKFILL MIX UNDISTURBED SUBSOIL SHRUB PLANTING 50B N.T.S. SOLID SOD NOTES 1. ADJUST FINE GRADE TO ACHIEVE POSITIVE DRAINAGE AWAY FROM BUILDINGS. PROVIDE UNIFORM ROUNDING AT TOP AND BOTTOM OF SLOPES AND OTHER BREAKS IN GRADE. CORRECT IRREGULARITIES AND AREAS WHERE WATER MAY STAND. 2. ALL LAWN AREAS TO RECEIVE SOLID SOD SHALL BE LEFT IN A MAXIMUM OF 11/2" BELOW FINAL FINISH GRADE. CONTRACTOR TO COORDINATE OPERATIONS WITH ON -SITE CONSTRUCTION MANAGER. 3. CONTRACTOR TO COORDINATE WITH ON -SITE CONSTRUCTION MANAGER FOR AVAILABILITY OF EXISTING TOPSOIL. 4. IMPORTED TOPSOIL SHALL BE NATURAL, FRIABLE SOIL FROM THE REGION KNOWN AS BOTTOM LAND SOIL; FREE FROM LUMPS, CLAY TOXIC SUBSTANCES, ROOTS, DEBRIS, VEGETATION, STONES; CONTAINING NO SALT AND BE BLACK TO BROWN IN COLOR. 5. ALL LAWN AREAS TO BE FINE GRADED, SETTLED, AND FINISH GRADE APPROVED BY THE OWNER'S REPRESENTATIVE OR LANDSCAPE ARCHITECT PRIOR TO SOD INSTALLATION. 6. ALL ROCKS 3/4" DIAMETER AND LARGER, DIRT CLODS, STICKS, CONCRETE SPOILS, CONSTRUCTION WASTE, ETC. SHALL BE REMOVED PRIOR TO PLACING TOPSOIL AND ANY LAWN INSTALLATION. 7. PLANT SOD BY HAND TO COVER INDICATED AREA COMPLETELY. INSURE EDGES OF SOD ARE TOUCHING. TOP DRESS JOINTS BY HAND WITH TOPSOIL TO FILL VOIDS. 8. ROLL GRASS AREAS TO ACHIEVE A SMOOTH, EVEN SURFACE, FREE FROM UNNATURAL UNDULATIONS. 9. FERTILIZE ALL SOD AT THE TIME OF PLANTING WITH ATIME RELEASE FERTILIZER PER BRAND'S SPECIFIED APPLICATION RATES. 10. WATER SOD THOROUGHLY AS SOD OPERATION PROGRESSES. 11. IF SOD IS INSTALLED ON SLOPES OF 3:1 OR GREATER. SOD SHALL BE STAKED TO AVOID SLIPPING OR SLIDING APART. STAKING OR STAPLES SHALL BE INSTALLED FLUSH AS TO NOT CREATE A MAINTENANCE ISSUE WITH CARE EQUIPMENT. 12. CONTRACTOR SHALL MAINTAIN ALL LAWN AREAS UNTIL FINAL ACCEPTANCE. THIS SHALL INCLUDE, BUT NOT LIMITED TO: MOWING, WATERING, WEEDING, CULTIVATING, CLEANING AND REPLACING DEAD OR BARE AREAS TO KEEP PLANTS IN VIGOROUS, HEALTHY CONDITIONS. 13. CONTRACTOR SHALL GUARANTEE ESTABLISHMENT OF AN ACCEPTABLE TURF AREA AND SHALL PROVIDE REPLACEMENT FROM LOCAL SUPPLY IF NECESSARY. 14. IF INSTALLATION OCCURS BETWEEN NOVEMBER AND MARCH ALL SOD AREAS TO BE OVER- SEEDED WITH GULF ANNUAL RYEGRASS. PLANT GUARANTEE, REPLACEMENT AND MAINTENANCE A. GUARANTEE: ACCEPTANCE OF GRADING AND SEEDING SHALL BE BY LANDSCAPE ARCHITECT AND /OR OWNER. THE CONTRACTOR SHALL ASSUME MAINTENANCE RESPONSIBILITIES UNTIL FINAL ACCEPTANCE. MAINTENANCE SHALL INCLUDE WATERING, WEEDING, RESEEDING AND OTHER OPERATIONS NECESSARY TO KEEP ALL LAWN AREAS IN A THRIVING CONDITION. UPON FINAL ACCEPTANCE, OWNER SHALL ASSUME ALL MAINTENANCE RESPONSIBILITIES. AFTER LAWN AREAS HAVE GERIMINATED, AREAS WHICH FAIL TO SHOW A UNIFORM STAND OF GRASS FOR ANY REASON WHATSOEVER SHALL BE RE- SEEDED REPEATEDLY UNTIL ALL AREAS ARE COVERED WITH A SATISFACTORY STAND OF GRASS. MINIMUM ACCEPTANCE OF SEEDED LAWN AREAS MAY INCLUDE SCATTERED BARE SPOTS, NONE OF WHICH ARE LARGER THAN 1 SQUARE FOOT, AND WHEN COMBINED DO NOT EXCEED 2% OF TOTAL SEEDED LAWN AREA. B. REPLACEMENT: ANY PLANT UNDER THIS SPEC WHICH IS DEAD, MISSING, UNHEALTHY, OR OTHERWISE NOT ACCEPTABLE AND NOT IN SATISFACTORY GROWING CONDITION DURING CONSTRUCTION MAINTENANCE PERIOD, OR AT THE END OF THE GUARANTEE PERIOD, SHALL BE REMOVED FROM SITE AND REPLACED WITH SUITABLE, ACCEPTABLE PLANT AS SPECIFIED, WITHIN FIVE (5) DAYS. C. MAINTENANCE: GENERAL CONTRACTOR SHALL PROVIDE ONE YEAR OF LANDSCAPE MAINTENANCE, FROM THE TIME THE PROJECT RECEIVES THE CERTIFICATE OF OCCUPANCY AND THERE AFTER, FOR ALL NEW LANDSCAPE. IF EXISTING LANDSCAPE EXISTS ON -SITE, GENERAL CONTRACTOR IS TO PROVIDE THE OPTION OF MAINTENANCE FOR THE OWNER'S REVIEW. HERBICIDES NOTES 1. APPLICATION OF HERBICIDES SHALL BE IN COMPLIANCE WITH STATE PESTICIDES REGULATIONS. IT IS THE RESPONSIBILITY OF THE LANDSCAPE CONTRACTOR TO CONSULT WITH THE REGULATORY AGENCIES FOR LOCAL HERBICIDES APPLICATION REQUIREMENTS. 2. IF THERE IS A DISCREPANCY BETWEEN STATE REGULATIONS AND ADDITIONAL REQUIREMENTS BELOW, MOST STRINGENT SHALL RULE 4. CARCINOGENS AND EPA TOXIC CATEGORY I AND II ARE PROHIBITED TO USE ON SITE. MULCH TOP SODDED AREA MULCH TOP STEPPING STONE BED DRESSING DRESSING m F�->00� Rz � 1 =111 I1 =11 1 =1 11 111- COMPACTED SAND o -1 I I -III III- m 0 1 I1 =1 I I- \ \- -III -I� FINISH GRADE N Q -III 11= SUB BASE. °' !111111 1 m v )IIIIII III POLYPROPYLENE MATERIAL 1 =III I POLYPROPYLENE MATERIAL ,1 =1) (1= WEED BARRIER. =III II III, WEED BARRIER. =III III 111 FINISH GRADE III IF NATURAL STEEL EDGING. NO III =III= NATURAL STEEL EDGING. NO III =. I) =111 PAINTED EDGING SHALL BE II -III PAINTED EDGING SHALL BE USED. J =11 1= USED. J =11 II- =111111 III 1 STEEL STAKE DRIVEN FROM - IIII�I IIII STEEL STAKE DRIVEN FROM MULCH I11 (III) MULCH SIDE OF EDGING WITH 111 Ijl_ SIDE OF EDGING WITH TOP OF STAKE i1 -11 -I TOP OF STAKE BELOW TOP OF 11=1 BELOW TOP OF HEADER. =Ill i 111 HEADER. =III III SODDED AREA W /MULCH ROCK BED AREA W /MULCH STEEL EDGING soQ ♦ �...�� C f, 1`1 r C W �6 QI X N UJ r U V) ILD I�t 0 00 0 00 ft LI) T 06 a) C 0 M ILL. @J X 0 �0 M 9 ME WALL PACK (TYP) 0? 16- 1" - - - -------------------------------------- SECURITY CAMERA, TYP CS-1 15' -9" SS-1 4 3" 12' -7" �2'- 3" /I EMERGENCY EGRESS LIGHT ELEVATION - FRONT FACING EAST 3/1611 11-011 20 GA. PREFINISHED METAL PARAPET CAP 09L T.O. PARAPET FRAMING 21' -8" T.O.PARAPET FRAMING. ------ "18'- 8.. EMERGENCY EGRESS LIGHT EMERGENCY - EGRESS LIGHT T.O. FINISH 0" ELEVATION - RIGHT SIDE FACING NORTHEA 3/1611 = 11-011 4' -0" CO2 CAGE T LEVATION FACADE AREA INCLUDING WINDOWS AND DOORS: 238.95 SF LEVATION FACADE AREA EXCLUDING WINDOWS AND GLASS DOORS: 238.! REA OF WINDOWS AND GLASS DOORS: 0.00 SF LEVATION C-1 AREA: 238.95 SF LEVATION PARAPET CAP: 11' -0" LF �2'- 3" 12' -7" O� ZI 6" WHITE VINYL STREET ADDRESS NORTHEAST ELEVATION BEYOND 20 GA. PREFINISHED METAL PARAPET CAP 3 15' -1" - ---- - - ---------------------------------- 20 GA. PREFINISHED —METAL PARAPET CAP CS-1 MATERIAL CALCULATIONS CS-1: 1,337.44 S.F. METALS: 30.30 S.F. N-2: 80.75 S.F. ST-1: 3.37 S.F. STOREFRONT: 461.40 S.F. SS-1: 211.49 20' -9" DASHED LINES INDICATES RTU'S BEYOND TO BE SCREENED ON ALL SIDES BY PARPAPET WALLS LINE OF ROOF BEYOND T.O.PARAPET FRAMING 21' -8" T.O. PARAPET FRAMING. 18 WALL PACK (TYP) CO2 STORAGE ELEVATION - REAR FACING NORTH 3/1611 =1' -0" SOUTHWEST ELEVATION BEYOND LEVATION FACADE AREA INCLUDING WINDOWS AND DOORS: 1,254.98 S.F. LEVATION FACADE AREA EXCLUDING WINDOWS AND GLASS DOORS: 1254.! REA OF WINDOWS AND GLASS DOORS: 0.00 SF 'LEVATION C-1 AREA: 1,254.98 S.F. 'LEVATION PARAPET CAP: 63'-9" LF ELEVATION - REAR FACING WEST 3/1611 =1' -0" 2 EXTERIOR MATERIALS SCHEDULE --- MATERIAL - — - ------ MANUF.-COLOR MR-1 MEMBRANE ROOFING DUROLAST - WHITE CS-1 CHOPPED STONE EL DORADO STONE - ASHLAR PATTERN N-2 NICHIHA VINTAGEWOOD NICHIHA - VINTAGEWOOD "CEDAR" P-3 EXTERIOR HM DOORS, FRAMES, TRASH ENCLOSURE SHERWIN WILLIAMS - SEAL SKIN SW 7675 GATE, GRAVEL GUARDS, AND LIGHT POLES P-6 EXTERIOR BOLLARDS SHERWIN WILLIAMS - SEAL SKIN SW 7675 --------- - ---- - - — S-1 — ---- — ------------ ALUMINUM STOREFRONT GLAZING, CAP — ---------- - — ------------ DARK BRONZE FLASHING, DOWNSPOUTS & SCUPPERS -------------- ------------ — ST-1 - ------ - -------- - -------- ------- — -------------------- — ---------------------------- - ----- --------------------------------------------- - STUCCO - ---------------- SHERWIN WILLIAMS - BALANCED BEIGE SW 7037 SS-1 STANDING SEAM ROOF BERRIDGE ZINC-COTE BEYOND PROPANE STORAGE BEYOND SPECIAL USE PERMIT NOTES: • BUILDING DESIGN CATEGORY: COMMERCIAL • TOTAL BUILDING FACADE AREA WITH WINDOWS AND DOORS: 4,335.06 SF ;H FLOOR rik 0" 14Ip) LEVATION FACADE AREA INCLUDING WINDOWS AND DOORS: 1844.95 SF LEVATION FACADE AREA EXCLUDING WINDOWS AND GLASS DOORS: 1297J REA OF WINDOWS AND GLASS DOORS: 547.07 SF LEVATION C-1 AREA: 1844.95 SF LEVATION PARAPET CAP: 90'-7" LF ------------ C-1 CHOPPED STONE EL DORADO STONE ASHLAR PATTERN CS-1 20 GA. PREFINISHED METAL PARAPET CAP DASHED LINES INDICATES RTS� U BEYOND TO BE SCREENED ON ALL SIDES BY PARPAPET WALLS LINE OF ROOF BEYOND WALL PACK (TYP), REF ELECTRICAL CS-1 Him 4' -0" PARAPET BEYOND N-2 NICHIHA VINTAGEWOOD CEDAR T.O. PARAPET FRAMING (-Jk 21' -8" 111111�) T.O.PARAPET FRAM 18 EMERGENCY EGRESS LIGHT LEVATION FACADE AREA INCLUDING WINDOWS AND DOORS: 1,264.74 S.F. LEVATION FACADE AREA EXCLUDING WINDOWS AND GLASS DOORS: 1264.' REA OF WINDOWS AND GLASS DOORS: 0.00 SF �LEVATION C-1 AREA: 1,264.74 S.F. .LEVATION PARAPET CAP: 63'-9" LF - - - ------------------------------ ----- - ---------------------- - ----- ----------------------------------------------------------------------------------------------------- T.O.PARAPET FRAMING 21' -8" C? T.O.PARAPET FRAMING. (-Jk IIIIIII-) 18' -8" EMERGENCY EGRESS LIGHT — T.O. FINISH FLOOR on MATERIAL CALCULATIONS CS-1: 215.26 S.F. METALS: 4.11 S.F. N-2: 20.19 S.F. ST-1: .87 S.F. SS-1: 7.00 S.F. :LEVATION FACADE AREA INCLUDING WINDOWS AND DOORS: 238.95 SF !LEVATION FACADE AREA EXCLUDING WINDOWS AND GLASS DOORS: 238. REA OF WINDOWS AND DOORS: 0.00 SF :LEVATION C-1 AREA: 238.95 SF :LEVATION PARAPET CAP: 11' -0" LF ELEVATION LEFT SIDE FACING SOUTHWEST 3/16" = V-011 bates 106 N 37TH STREET, SUITE C ROGERS, ARKANSAS 72756 WWW.BATESARCHITECTS.COM TEL: 479.633.8165 Copyright 2018 Bates & Associates, Architects Drawings and Specifications as instruments of service are and shall E remain the property of the Architect. They are not to be used on other projects or extensions to this project except by agreement in writing and with appropriate compensation to the Architect. Contractor is responsible for confirming and correlating dimensions at job site; the Architect will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the project. STORE #: 38487 CONSTRUCTION MANAGER SCHAFFER CONSTRUCTION 2601 NETWORK BLVD., SUITE 413 FRISCO, TX 75034 TENANT 7-ELEVEN INC. 3200 HACKBERRY ROAD, IRVING, TX 75063 PROTO:08/21/2017 0 _J C0 Lr) 0 z 0 M O zCz < UJ 0 0 z IZZ D R) CK M < :1 0 r) Ln > r- __J X Z m � 0 D 0 0 CC U 0 V) z LL Lij C/) LU UJ r U) z U_ W r-i z C W o U Fn 1_0 N z Z) 0 CK B (000e\ 07/25/2018 Architect Name - RYAN FAUST Architect Number - 25444 THE SEAL AND SIGNATURE APPLY ONLY TO THE DOCUMENT TO WHICH THEY ARE AFFIXED AND WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ALL OTHER PLANS, SPECIFICATIONS, ESTIMATES, REPORTS OR OTHER DOCUMENTS OR INSTRUMENTS RELATING TO OR INTENDED TO BE USED FOR ANY PART OR PARTS OF THE PROJECT. ----------------------------------------------------------------------------------------------------------------------- REVISIONS NO. DATE DESCRIPTION N m ri ri 0 N \ Ln N E B QI �I U XI F- N CC LJJ U Ln Q0 0 l0 lzt 0 e-i Ln T 06 M 0 0 M 3 U- X ~A N 41 U N ri e-i m 0 ri 0 M ME 6 5 4 3 2 1 R0.02 EXTERIOR MATERIALS SCHEDULE NO. (NOT ALL MATERIALS IN SCHEDULE ARE USED) MATERIAL MANUFACTURER COLOR PREFINISHED AWNING BRONZE BAKED ENAMEL C -1 ALUMINUM CANOPY WORKS/THOMPS ON AWNING CS -1 CHOPPED STONE ELDORADO ASHLAR PATTERN STONE MR -1 MEMBRANE ROOFING DUROLAST WHITE EXTERIOR HM DOORS, SHERWIN SEAL SKIN SW 7675 FRAMES, TRASH WILLIAMS P -3 ENCLOSURE GATE, GRAVEL GUARDS, AND LIGHT POLES P 6 EXTERIOR BOLLARDS SHERWIN SEAL SKIN SW 7675 WILLIAMS ALUMINUM KAWNEER /DURO- DARK BRONZE STOREFRONT LAST S -1 GLAZING, CAP FLASHING ST -1 PAINTED STUCCO SHERWIN BALANCED BEIGE SW 7037 WILLIAMS ELASTOMERIC STUC -O -FLEX MATCH AESTHETIC WHITE SW 7035 ACRYLIC ST -3 FINISH /RUBBER STUCCO FINISH 3PECIAL USE PERMT NOTES: BULDING DESIGN CATEGORY: COMMERCIAL TOTAL BUILDING FACADE AREA WITH WINDOWS AND GLASS DOORS: 2068.88 SF CS -1 CHOPPED STONE EL DORADO STONE ASHLAR PATTERN �r 7" MATERIAL CALCULATIONS • CS -1: 53.47 S.F. • ST -1: 23.50 S.F. • ST -3: 39.63 S.F. • METAL FASCIA: 27.90 S.F. FUEL CANOPY ELEVATION - LEFT SIDE FACING SOUTH MATERIAL CALCULATIONS • CS -1: 210.04 S.F. 7 FUEL CANOPY ELEVATION - REAR FACING WEST ST -1: 137.00 S.F. • ST -3: 152.00 S.F. 80.02, 1 /8" = 11-0LD METAL FASCIA: 256.02 S.F. MATERIAL CALCULATIONS • CS -1: 210.04 S.F. 5 FUEL CANOPY ELEVATION - FRONT FACING EAST ST -1: 137.00 S.F. R0.02 1/8" = 11-0" METAL 202.39 S.F. METAL FASCIA: 205.68 S.F. BACK SIDE FACING SOUTHWEST 1/411 = 11 -011 CW1 MATERIAL CALCULATIONS • CS -1: 638.21 S.F. • METALS: 30.53 S.F. • ELEVATION FACADE AREA INCLUDING WINDOWS AND DOORS: 653.00 S.F. • ELEVATION FACADE AREA EXCLUDING WINDOWS AND GLASS DOORS: 653.00 S.F. • AREA OF WINDOWS AND GLASS DOORS: 0.00 SF • ELEVATION C -1 AREA: 653.00 S.F. • ELEVATION PARAPET CAP: 42' -0" LF CW2 42' -0" 12' 8" 17'- 4" 12'- 0" j4T.O.M. __ ------------------------------- -- - -- _ -- - - .... .... �� nn r+n r.n nerrnr g Telklk illm Tslorclig Walilm M � 6 MATERIAL CALCULATIONS • CS -1: 659.97 S.F. • METALS: 14.56 S.F. • ELEVATION FACADE AREA INCLUDING WINDOWS AND DOORS: 676.11 S.F. • ELEVATION FACADE AREA EXCLUDING WINDOWS AND GLASS DOORS: 676.11 S.F. • AREA OF WINDOWS AND GLASS DOORS: 0.00 SF • ELEVATION C -1 AREA: 676.11 S.F. • ELEVATION PARAPET CAP: 42' -0" LF 0 3 COMMERC SCUPPER (TYP) STW WALL AT T WALL PACI 48 "x84" EQ! SECURITY METAL FR/ MATERIAL CALCULATIONS • CS -1: 245.03 S.F. • METALS: 32.05 S.F. EXIT SIDE FACING SOUTHEAST 1/4" = 1' -0" CWB 1' -6 4' -0" 4' -6" RCIAL GRADE SS SCUPPER & 'OUT (TYP) STRAP 'OUT TO WALL AT BOTTOM kCK (TYP) NCE ELECTRICAL QUIPMENT ROOM FY DOOR W /HOLLO 'RAMS • ELEVATION FACADE AREA INCLUDING WINDOWS AND DOORS: 376.02 S.F. • ELEVATION FACADE AREA EXCLUDING WINDOWS AND GLASS DOORS: 376.02 S.F. • AREA OF WINDOWS AND GLASS DOORS: 0.00 SF • ELEVATION C -1 AREA: 376.02 S.F. • ELEVATION PARAPET CAP: 23' -4" LF 23' -4" 10' -0" 3' -4" CWA MATERIAL CALCULATIONS • CS -1: 224.80 S.F. • METALS: 39.23 S.F. • ELEVATION FACADE AREA INCLUDING WINDOWS AND DOORS: 363.75 S.F. • ELEVATION FACADE AREA EXCLUDING WINDOWS AND GLASS DOORS: 363.75 S.F. • AREA OF WINDOWS AND GLASS DOORS: 0.00 SF • ELEVATION C -1 AREA: 363.75 S.F. • ELEVATION PARAPET CAP: 23' -4" LF M � 2 1 bates Copyright 2018 Bates & Associates, Architects Drawings and Specifications as instruments of service are and shall remain the property of the Architect. They are not to be used on other projects or extensions to this project except by agreement in writing and with appropriate compensation to the Architect. Contractor is responsible for confirming and correlating dimensions at job site; the Architect will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the project. STORE #: 38487 CONSTRUCTION MANAGER SCHAFFER CONSTRUCTION 2601 NETWORK BLVD., SUITE 413 FRISCO, TX 75034 TENANT 7- ELEVEN INC. 3200 HACKBERRY ROAD IRVING, TX 75063 D PROTO: 08/21/2017 In M z cz � O m W O M M r) o z o m F� U o ° C w w UJ LL Z U C 0 N Ln (0\B 07/25/2018 Architect Name - RYAN M FAUST Architect Number - AR97905 THE SEALAND SIGNATURE APPLY ONLY TO THE DOCUMENT TO WHICH THEY ARE AFFIXED AND WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ALL OTHER PLANS, SPECIFICATIONS, ESTIMATES, REPORTS OR OTHER DOCUMENTS OR INSTRUMENTS RELATING TO OR INTENDED TO BE USED FOR ANY PART OR PARTS OF THE PROJECT. REVISIONS NO. DATE DESCRIPTION A PROJECT NUMBER: 18046 RELEASE DATE: 07/25/2018 REVIEW BOARD ELEVATIONS ROO,02 Informational Only 21A Cpl 1f&WOL11"LlusI NU 10I01 [o7 710 Rod 1 City Council Meeting: August 28, 2018 . Department: City Management Subject: Update on plans to increase landfill diversion through increased recycling in the City of Schertz BACKGROUND In June, 2017 City Council authorized a letter of assignment from Bexar Waste turning the solid waste franchise over to Republic Services in San Antonio. Also at this same time, the City was presented a plan developed by MBA students at the University of the Incarnate Word that would increase the amount of solid waste produced by our citizens that was being recycled to help keep solid waste disposal costs as low as possible into the future. As Republic Services began their service to the City, staff presented the UIW plan to them for review but asked them to wait to meet about it until their service provision was moving forward well. Although staff believes Republic is a high quality company that provides a good service, taking over for a smaller agency that was primarily working on paper took several months for Republic to approach the level of service that our citizens were used to. Republic Services contacted staff in May and set up a meeting to discuss raising our citizen's usage of recycling to a higher level. Since that time we have been reviewing the UIW plan, how Republic believes it can best be followed by their organization, the costs associated with the initiation of the new plan and methods of sharing this with City Council for consensus on the draft plan. After Council reaches consensus on how the plan should proceed, staff will then hold a number of public input meetings across the City. These would be used to present the plan to our citizens and to hear their pros and cons to help provide guidance on taking the plan to final. After this process, Staff would return to City Council for amendments to the current ordinance, pricing approval and overall plan approval. The timing of this will be critical due to the capital expenditures Republic will have to lay out for new containers both for recyclables and solid waste. Discussions continue and staff would like to expect that the new recycling plan could go live by the beginning of 2019 or shortly thereafter. Staff is willing to discuss this one on one at any time with Councilmembers. Once we have more specifics on containers and the probable cost for the next five years, Staff will come to Council to present this plan prior to our community work groups. Informational Only — 21 B CITY COUNCIL MEMORANDUM City Council Meeting: August 28, 2018 Department: Management Subject: Pending Informational item status Below is a list of informational items that have been requested by Council and their proposed due dates: Workshop discussion regarding possible UDC amendments to allow for zoning of greenspace. (Requested by Mayor Pro- Tern Scagliola) Workshop discussion regarding Purchasing Guidelines and 50K Spending on contracts. Workshop discussion regarding the exploration regarding the use of HOT Funds to beautify Schertz. i.e., murals etc. (Requested by Mayor Pro -Tem Scagliola) Workshop discussion and update from the Transportation Safety Advisory Commission regarding people parking in front of mailboxes (Requested by Councilmember Crawford) Workshop discussion regarding potential UDC code amendments regarding standards for sheds 9 -4 -201.8 To Council 9 -4 -201.8 to Council 9 -11 -2018 to Council To Council after TSAC To Council after P &Z Workshop Summary A CITY COUNCIL MEMORANDUM City Council Meeting: August 28, 2018 Department: Planning & Community Development Discussion on short -term and mid -term rental of residential property. On May 1, 2018 City Staff gave a presentation and workshop on short term rentals to City Council. The outcome of the May 1, 2018 workshop was for staff to monitor this issue and return to council if there was a change. At the time the focus was on short term rentals which generally are defined as any rentals that are for periods of less than 30 consecutive days to an occupant, typically in a residential home. They may or may not be owner - occupied. This concept has become increasingly popular and is supported by multiple booking websites such as Home Away, VRBO and Air .BnB. Short-term . rentals are required to pay hotel occupancy tax (HOT). The City's Unified Development Code (UDC) does not make reference to short-term rentals and the interpretation that staff has taken toward short-term rental of residential houses is to consider it a one family dwelling land use as the home is being used in the same or similar way to how it would be used if it was owner occupied. Staff has received a complaint related to one short-term rental and several complaints on 2 mid- term rental properties. Both short-term and mid -term rentals do not appear to be prevalent within the City. The mid -term rental specific complaints have been toward properties being rented as "PIT" pads which are intended to be used for pilots in training at Randolph Air Force Base. These rentals are typically greater than a month but less than 6 months. Additionally the homes that have been reported appear to be leased per bedroom as opposed to renting the entire property. The City's UDC has a definition for a Boarding House which is defined as: Boarding House - A building other than hotel, motel, or an apartment hotel where, for compensation and prearrangement for a definite period, meals or lodging and meals are provided for three (3) or more persons, but not exceeding twenty (20) persons. A boarding house however is not referenced in the permitted use table in UDC Sec.21.5.8. The interpretation that staff has taken is to consider these mid -term rentals as a one family dwelling land use as the home is being used in the same or similar way to how it would be used if it was owner occupied. Workshop Summary B CITY COUNCIL MEMORANDUM City Council Meeting: August 28, 2018 Department: City Secretary Subject: Discussion and possible action regarding the structure of the Interview Committee for Boards, Commissions and Committees. (Item requested by Councilmember Larson) BACKGROUND One way for the City of Schertz citizens to actively participate in local government is to become involved as a member of a board, commission, or committee. All members of these active groups are volunteers whose responsibility it is to make decisions and advise the City Council on a variety of matters from expenditure of public funds to zoning questions. The City Charter and Ordinances authenticate the existence of each board, commission and committee and establishes them as legal arms of city government. All board, commission or committee members are residents who, after filling out an application are appointed by council members and /or the mayor. As you know, the volunteers of the community play a vital role donating their time on our various City Boards, Commissions and Committees. Since before 2007 the City has had an Interview Committee. Originally, the makeup consisted of the current Mayor and two Councilmembers who expressed their desire to be on the committee. Sometime in early 2012 it was discussed that we should also include members of the current boards /chairs who have a long- standing relationship with the City to also be a part of the interview process. At that time, it was decided to include the Chair of Planning & Zoning, the Chair of Economic Development Corporation and another long- standing Economic Development Corporation Board Member to be on the Committee. In May of 2017 the current Chair of the Planning and Zoning Commission left the city and that membership of the committee became vacant. In December of 2017 . a current Councilmember discussed Council Liaison positions and vacancies. At that time Councilmembers Davis, Edwards, Crawford and Mayor Pro -Tem Scagliola expressed interest in serving. Councilmembers Davis, Edwards and Crawford were appointed to the Interview Committee along with Mayor Pro -Tem Scagliola being an alternate member. City Council Memorandum Page 2 Other current members include Mr. Tim Brown, EDC Chair, Mr. Roy Richard, EDC Board Member. Staff liaisons are Acting City Manager :Brian James and City Secretary Brenda Dennis. The City Secretary's Department has contacted nearby cities to see how their council appoints members to their various boards, commissions and committees. The cities of Cibolo and Live Oak have the applicants attend a Council meeting, where City Council calls them up and asks questions. The applicants also provide a brief overview of themselves. At that point their Councils appoint the members. In the City of Universal City members are appointed each year by the Mayor, subject to confirmation by the majority of the City Council. City Council discussed this item at their meeting of June 26, 2018 and it was requested to bring this item back to Council for discussion giving them time to ponder on the possible makeup of the committee. Since that meeting, Mr. Michael Dahle, Planning & Zoning Chair, has joined this committee. Staff feels the diversity of the members currently being recommended provide a fair and equitable balance of knowledge and experience. FISCAL IMPACT None RECOMMENDATION Staff recommends the Interview Committee consist of two Councilmembers, The Chairs of Planning and Zoning (P &Z), Economic Development Corporation (EDC), and the Transportation Safety Advisory Commission (TSAC). Staff feels the addition of a member of TSAC will add significant value due to that boards frequent involvement with community transportation- related safety concerns. Workshop Summary C CITY COUNCIL MEMORANDUM City Council Meeting: August 28, 2018 Department: City Secretary Subject: Discussion and possible action regarding the structure of the City Council and HOA Presidents meeting proposed for September 18, 2018. In January City Council asked the City Secretary to organize a meeting in the Fall with City Council and the Schertz HOA Presidents. COMMUNITY BENEFIT Provide dialogue with the HOA representatives at least annually for informational exchanges. Improve communication with our residents, through the HONs i.e.; partner with Code Enforcement and PD to deal with difficult issues. RECOMMENDATION Staff recommends Council discuss the proposed makeup of their first meeting providing direction to staff.