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09-04-2018 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL September 4, 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 Edwards) Proclamation • Proclamation recognizing National Payroll Week (M. Carpenter /Christine Bodily) Employee Recognition • EMS, Benjamin Potts, Paramedic • Public Affairs, Arturo Ortiz, Events Attendant • Public Works, Hector Mauldn & Trey Combs Water Serviceman I 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. 09 -04 -2018 Council Agenda All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Couneilmember. 1. Minutes — Consideration and /or action regarding the approval of the minutes of the meeting of August 28, 2018. (B. Dennis) 2. 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. Final Reading (B. Dennis /Mayor- Council) 3. 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. Final Reading (B. Dennis /Mayor - Council) 4. Resolution No. 18 -R -108 — Consideration and /or action approving a Resolution authorizing a contract with Armstrong Vaughn & Associates for auditing services. (B. James /J. Walters) 5. Resolution No. 18 -R -121 — Consideration and /or action approving a Resolution authorizing the Acting City Manager to reject all proposals received for the 2018 . Drainage Maintenance Projects ( #2018 - 0723). (D. Wait /D. Letbetter) 6. Resolution No. 18 -R -122 — Consideration and /or action approving a Resolution authorizing an amendment to the Community Development Block Grant Program Cooperative Agreement with Bexar County. (B. James /S. Gonzalez) 7. Ordinance No. 18 -S -29 — Consideration and /or action 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 2 of the Tri- County Business & Industrial Park Unit IA Subdivision; City of Schertz, Guadalupe County, Texas; located at 1.7501 IH 35. Final Reading (B. James /L. Wood/E. Grobe) 09 -04 -2018 City Council Agenda Page - 2 - Discussion and Action Items 8. Public Hearing on Proposed Budget for FY 2018 -19 — Conduct a public hearing and consideration and/or action regarding the adoption of the FY 20] 8 -19 Budget. PH (Second required public hearing) (B. James /J. Walters) Ordinance No. 18 -T -32 — Consideration and /or action approving an Ordinance on the proposed FY 201.8 -19 Budget. First Reading (B. James /J. Walters) 9. Public Hearing on Proposed Tax Rate — Conduct a public hearing and PH consideration and /or action regarding the adoption of the FY 2018 -19 Tax Rate. (Second required public hearing) (B. James /J. Walters) Ordinance No. 18 -T -33 — Consideration and/or action approving an Ordinance on the proposed FY 2018 -19 Tax Rate. First Reading (B. James /J. Walters) 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) Roll Call Vote Confirmation Closed Session 10. 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. Reconvene into Regular Session 10a. Take any action based on discussions held in closed session under Agenda Item 10. 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 • 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 09 -04 -2018 City Council Agenda Page - 3 - • Recognition of actions by community volunteers 11. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Monthly update on large projects /CIP. (D. Wait/J. Harshman /T. Buckingham) • Pending informational items. Adiournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 31 stth DAY OF AUGUST 2018 AT 5:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE :PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. gT2ENDA 7:�ENN(S 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. 09 -04 -2018 City Council Agenda Page - 4 - COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS 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 11 Board 09 -04 -2018 City Council Agenda Page - 5 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: September 4, 2018 Department: Subject: City Secretary Minutes The City Council held a Regular meeting on August 28, 2018. HHZTG • ' • On RM Staff recommends Council approve the minutes of the Regular meeting held on August 28, 2018. ATTACHMENTS Minutes of the Regular meeting of August 28, 2018. MINUTES REGULAR MEETING August 28, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 28, 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 Bert Crawford Staff Present: Executive Director Dudley Wait City Attorney Dan Santee Councilmember Kiser was absent. to Mayor Carpenter called the regular meeting Texas. (Counc Mayor Pro -Tem David Scagliola t to the City X retry Brenda 01 P.M. Edwards ames Gonzalez Before the prayer, Councilmember Larson read an excerpt from the late Senator John McCain's farewell message as a reminder of Why be (and so many others) serve in the public capacity of an elected official. Councilmember Larson continued afterwards with the opening prayer, followed by the Pledges of Allegiance to the,Fl s of the United States and the State of Texas. • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who provided the following announcements: Thursday, August 30th TML Region 7 Dinner Meeting 5:30 pm dinner served at 6:30 pm) Seguin Public Library. Please see the City Secretary's Office for more information. Monday, September 3rd Citv Offices Closed In Observance of Labor Da 08 -28 -201.8 Minutes Page -1- Tuesday, September 4th and 11th City Council Meeting 6:00-pm Council Chambers Thursday, September 13th Northeast Partnership Meeting 11:30 am Olympia Hills Golf Course and Conference Center Friday /Saturday, September 14th and 1511 Schertz Q, Pickrell Park Annual BBQ Cook -off, live music, carnival, family • Announcements and recognitions by the Acting Ci No announcements were made. • Announcements and recognitions by the No announcements were made. Hearing of Residents Mayor Carpenter recognized the following w three generations thanked Council provided seven to illegal park asked Council vho, thanked Council for approving the fter her. At the park's opening, she had ng was designed in good taste. She also ) on Hwy 78. Lastly, she once again for the newest park. 119 1 llering Pass, who spoke about short and mid term rentals. Air Force 'and working at Randolph AFB. For clarity, he stands a resident /taxpayer and does not represent the Air Force on this eels short-term rentals are de- stabilizing to neighborhoods, do not munity nor do they promote normal neighborhood interactions. He les, some of which violate city ordinances. Examples are in regard violations (unkempt lawn, irrigation waste), house values, etc. He er passing laws regarding this matter. • Mr. Pat Connelley, 9116 Trail Stem, who referenced Section 90.142 Definition Single Family Residence means single family dwelling unit authorized under the City zoning regulations. He stated the previous speaker was correct when he stated the Air Force provides housing for their members. He asked Council to look into this problem. • Mr. Ryan Wolff, 11902 Hollering Pass, who also spoke on the short-term rental problems and stated it is a safety /environmental issue. The structures are not designed for an 08 -28 -201.8 Minutes Page - 2 - occupancy load of this nature. The Fire Codes are addressing this and it is a life safety concern. He also spoke about the parking problems. He asked Council to address it. • Ms. Alicia Casiano, 12308 Lattice Cove, who also spoke against the allowance of short term rentals in the city neighborhoods zoned as single family residential. She spoke about the city goals listed on the website, protecting local quality of life. The owners of the short term rental properties are ignoring the goals and vision of the city and pay no mind to the restrictions in place. Allowing them to ignore the current ordinances is setting a dangerous precedent. One of these homes has already had multiple police visits. They increase noise and traffic. These establishments will not preserve and protect local quality of life. • Ms. Lea Jacobson, 851.8 Ivy Curl, who spoke about her ehoieeto live in the city since 1995. She asked Council to regulate the short-term rental busines,by allowing it only in certain areas of the city. She stated Austin is working ` to strengthen short term rental restrictions and outlaw it in certain neighborhoods. They are increasing in popularity. However, her neighborhood, The Crossvines; 'is a single neighborhood area'and they would like to keep it that way. • Mr. Dusty Cole, 11931 Hollering Pass, who spoke ofliving next to a rental with 7 or more individuals /cars from different states, , etc. There is a obnstant stream of strangers and parking issues. He read the definition of a single - family residence. He also spoke of parking and the problems with irrigation flooding the lawns and walkways. Sprinklers run morning through evening every day of the week, How are they to be protected from the constant stream of strangers, noise, and other nuisances? They do not abide by the rules the other residents ahide hy. Re asked Council to protect the local residents. • Joe Hoffer, 9319 Winding Bloom, a practicing attorney in San Antonio. He spoke on behalf of about 8 of his neighbors', This is about enforcing the zoning ordinances of the City of Schertz. This is about enforcing the rules and about waiver. There are quality declarations, covenants, deeds,:and restrictions that are very specific and do exclude this type of use. However, the HO A is limited and can't act fast. The zoning ordinances can act quicker. He is" asking the city to ,enforce these ordinances and help the residents. This is not about the Air lorce personnel, it is about you can't waive the declarations and restrictions that are the law. I the zoning ordinances need to be strengthened, then do so. Our restrictions and declarations have the correct language in them so it should be enforceable. Lastly, it is a community /neighborhood safety issue. • Mr. Brent Bolter, 2633 Cloverbrook Lane, who stated rumor has it that there was a finding on the legality of the recording that was done on a conversation between the Mayor and a Councilmember and he was trying to get a confirmation of `true or not true'? He just wanted to re -state his feelings that the recording was unacceptable and not honorable. It is underhanded, it is politics, it is down in the gutter. Even if it is eventually found to be legal, it was completely out of line. He will speak later in the evening during the Public Hearings on the budget matter. 08 -28 -2018 Minutes Page - 3 - Workshop • Discussion regarding Short and Mid -Term Rentals. (:B. James /L. Wood/B. Cox) Mayor Carpenter recognized Senior Planner Bryce Cox who stated 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 B &B. Short-term rentals are required to,pay hotel occupancy tax (HOT). The City's Unified Development Code (UDC) does not make reference o 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 lan",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 mid -term rental properties. Both short- prevalent within the City. The mid -tel properties being rented as "PIT" pads wl Randolph Air Ford Bae. These rentals months. Additior%ally, the , times that ha as opposed to renting the entire property. short -term rental and several complaints on 2 t and mid -term rentals do not appear to be ental specific complaints have been toward are intenedto be used for pilots in training at typically greater than a month but less than 6 een reported appear to be leased per bedroom The City's UDC has a definition f r ,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. General concerns included in complaints received by staff include: 1) Amount of people, 2) Lots of cars parked in the road, 3) Blocking driveways or sidewalks, 4) Trash and debris, 5) Decreased proper values. What is next? At this time, it appears to be a relatively isolated issue and it is staff's understanding for the property area with the most complaints (Crossvine) that the HOA is currently addressing the issues. Staff will continue to monitor short and mid -term rental 08 -28 -201.8 Minutes Page - 4 - activity and keep City Council updated. Meanwhile, staff is seeking direction from Council. Mayor Carpenter asked City Attorney Dan Santee if their office could educate Council on what state law says and what we can or can't do as a municipality and what they see that other cities are doing -- in the next meeting or two. He is also going to ask his state representative and state senator to find out if the state legislature is going to take some action that will give us some uniform direction. He encouraged all councilmembers to do the same. Mr. Cox addressed questions and comments from Council. Mayor Carpenter moved to agenda Item 18. 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 lA Subdivision,; City of Schertz, Guadalupe County, Texas; located at 17501 IH 35. First Rearing (. James /L. Wood/E. Grobe) The following was read into 0 AN ORDINANCE BY THE CITY .COUNCIL ` O THE CITY OF SCHERTZ, TEXAS TO APPROVE A SPECIFIC USE PERMIT TO ALLOW FOR OPERATION OF A CONVENIENCE STORE WITH GAS PUMPS AT 17501 111359 SCHERTZ, GUADALUPE COUNTY. TEXAS Mayor Carpenter reccrgrazed Planner !_Emily ily Grobe who stated the property owner is requ esting 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 foot 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 08 -28 -2018 Minutes Page - 5 - site development features. Approval of a Specific Use Permit authorizes a property owner to submit subsequent development applications. 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. 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 H 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 redesignated for,commercial uses and zoned General Business (GB). The comprehensive land use plan identifies this area as Mayor Carpenter opened the public hearing and recognized the following individuals: Mr. Dana Eldridge, 2628 Gallant Fox Drive who stated we already have a lot of convenience stores (Valero), plus Walmart, and HEB. He suggested another location for this applicant. He also feels the landscaping can become an `overgrown' problem and you just don't need two gas stations next to each other. Mr. Robert Brown, 2800 Berry Patch, who stated he also feels it is a bad spot due to the merge lane coming off FM 3009 East. This is already a traffic problem area. 08 -28 -2018 Minutes Page - 6 - Mr. Daniel Ortega, 2724 Poplar Grove, who stated he respectfully disagrees with the two prior speakers. Seven - Eleven is a national company who has done their analysis on that place. He agrees it could potentially cause some traffic problems; however, if the analysis checks out, it will be okay. He thinks the landscaping is a good idea if it is maintained. Mr. Pat Connelley, 91.1.6 Trail Stem, who stated the pictures showed mature trees in the front island. In front of that area are power lines and telephone lines. In regard to the digital delivery, HEB is already doing the same thing. Mr. Brent Bolter, 2633 Cloverbrook Lane, who stated based on our past zoning battles and in light of the Evo situation and people being upset in Cib, he has become aware of if a property owner wants to sell a property and all the approvals are done, basically they say here you go, buy it and then they do their thing. What he heard tonight was there are three other entities (fast food entities) interested in this carne property. What he believes he heard is they are not going to require any approvals. To him then, it boils down to do you want another fast food place there, because they will not need to go before nypne else for approval. They will go in, do their thing and tvueak the property a bit and that is it. Ms. Monica Harris /Kreiser, 11909 Trail Hollow, who stated when her and her husband came in this evening they did not know half of what t, happening in their community. Their homes and community are beautiful but when this investor.bought the homes in their community where the majority of them'served in the milit4ry and worked hard to own homes as beautiful as they are, it is a slap in their face. We all have to follow the rules. Mayor Carpenter painted. out this public hearing is for Item 18 only. As no one else spoke, Mayor Carpentet closed the public hearing for Council Comments. Consent Agenda I Mayor Carpenter recognized Councilmember Crawford who requested agenda item 1.1 be pulled for separate action and he also mentioned that regarding item 3 the appointment to the Economic Development Corporation that Mr. Daniel Ortega was in the audience this evening. 1. 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, 08 -28 -201.8 Minutes Page - 7 - 2018 and August 14, 2018, and minutes of the Special Community Budget meetings of August 16, 2018 and August 22, 2018. (B. Dennis) APPROVAL OF THE FOLLOWING MINUTES: 1. SPECIAL RETREAT MEETING —AUG. 3, 2018 2. REGULAR COUNCIL MEETING — AUG. 7, 201.8 3. REGULAR COUNCIL MEETING —AUG. 14, 2018 4. SPECIAL COMMUNITY BUDGET MEETING —AUG. 16, 2018 5. SPECIAL COMMUNITY BUDGET MEETING — AUG. 22.201.8 2. Ordinance No. 18 -T -28 — Consideration and /or action apprvng an Ordinance by the City Council of the City of Schertz Texas authorizing an adjustmenfjo the Fiscal. Year 201.7- 2018 Budget, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final Reading (B., J mes/J. Walters) The following was read into record: 1'1 � AN ORDINANCE BY THE TEXAS AUTHORIZING AN BUDGET, REPEALING ALL CONFLICT WITH THIS O] DATE 3. Appointments to the Consideration and/or aci Corporation Board. (B. I 9 ORTEGA TO THE ECONOMIC TION. Re ©ption No. 18-W8,8 — 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. Cockerell /A. Briggs- Beard) The following was read into record: 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 08 -28 -201.8 Minutes page - 8 - 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) The following was read into record: 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 6. Resolution No. 18 -R -112 — Consideration and/or action approving a Resolution . authorizing a Memorandum of Understanding between the City cif Schertz and the Children's Advocacy Center of Comal County; Inc. (D. Wait/M. Hansen),, The following was read into record: RESOLUTION NO. 18- following was road into LUTION NO. 18 -R -113 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 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) The following was read into record: 08 -28 -201.8 Minutes Page - 9 - RESOLUTION NO. 18 -R -115 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 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 Motorola totaling no more than $85,000 for communication equipment during th& 2017 -2018 Fiscal Year and other matters in connection therewith. (D. Wait/K. Long) The following was read into record: RESOLUTION NO ,,48 -R -116 The following LUTION'NO. 18 -R -11.7 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) The following was read into record: 08 -28 -201.8 Minutes Page -10 - 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 1.3. Resolution No. 18 -R -120 — Consideration and/or action. City Council of the City of Schertz, Texas authorizing t11 into an agreement for the purchase of in- car/body w9 Hansen) The following was read into record: g, a Resolution by the City Manager to enter systems. (D. Wait /M. CITY OF SCHERTZ, TEXAS R TO ENTER INTO AN / BODY WORN CAMERA XIMUM NOT TO EXCEED EAR 2017/2018 AND OTHER Mayor Carpenter recognged Councilmember Davis who moved seconded by Councilmember Crawford : o approve consent items 1 -10, 12 & 13. The vote was unanimous with Mayor Pro -Tem Scag1jola, Councilmembers Davis, Gutierrez, Larson, Edwards and Crawford voting for and no one voting no. Motion Passed. Councilmember Kiser was absent" RESOLUTION NO. 18 -R -11.8 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 08 -28 -2018 Minutes Page - 11 - Mayor Carpenter recognized EMS Director Jason Mabbitt who stated they have been observing this for about one year watching for the RP to go out. The cost they are submitting will cover six paramedics, an ambulance and all associated equipment for the ambulance. This would be the sixth ambulance for the city that could also respond off base to any place in our service area. It is a huge benefit for us. Councilmember Crawford pointed out that we have to be equipped to handle two calls simultaneously at the base. Mr. Mabbitt said all the ambulances back each other up so if a second call comes in they will send the next closest unit to the base. Acting City Manager Brian James stated that just to be clear, they will not be housing an ambulance at Fire Station No. 3, at least not in the beginning. Mr. Mabbitt stated the units back each other up City, etc. They answer about 300 calls per year time of within 12 minutes. He does not see a art Mayor Carpenter recognized Councilmember Councilmember Gutierrez to approve ResolutionA with Mayor Pro -Tem Scagliola, Councilmemb( and Crawford voting for and no one voting no. was absent. 14. Ordinance No. 18 -M -30 — Considerat: the City Council Rules of Conduct and Pro -Tem Position,,First ,Receding (B. D The followinq was read in with that. 18 -M -30 Live Oak, Universal a response Is, who moved :seconded by -118. The vote was unanimous s, Gutierrez, Larson, Edwards Passed. Councilmember Kiser proving an Ordinance amending o the appointment of the Mayor il) ORDINANCE BY" THE CITY OF SCHERTZ AUTHORIZING AND NDING CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; ALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT 3 THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE No discussion between Councilmembers was held on this item. Mayor Carpenter, recognized Councilmember Crawford who moved seconded by Mayor Pro -Tem Scagliola to approve Ordinance No. 18 -M -30 on first reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, and Crawford voting for and no one voting no. Councilmember Kiser was absent. Motion Passed. 15. 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) 08 -28 -201.8 Minutes Page -12 - The following was read into record: 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 No discussion between Councilmembers was held on this itm 16. Public Hearing on Proposed Budget for F11 PH regarding the adoption of the FY 2018 -19 Budget. (B. James /J. Walters) Mayor Carpenter recognized Finance PowerPoint presentation on both the 1 addressing any questions iom Council. Cou n cilm em ber Edwards" left the n2 etinz at 7:4 19 — Conduct a public hearing required public hearing) Walters who provided a short tax rate proposal, answering or Mayor Carpenter opened, the pu►li, hearing and the following individuals spoke: Mr. Brent Bolter, 2633 Clo erbrook Lane, who stated there had been talk about cutting some items or programs ,fiom the budI et." He feels there are some things that could be cut, such as Shred Day. In regard to the cost of the magazine ($100K) he thinks there are other options out there that would cost less money. However, just by cutting a few items from the budget will not get us where we:need to be. He feels there is a need to raise the tax rate to get where we need to be. Also, lie prefers the city take money out of his pocket rather than the state or federal governments.` At the city level, he can at least see differences and results. He questioned the Money we are spending on parks versus streets. Then he would like to see some results from the city on what the tax money is going for. He also asked about the disabled vet exemption; this was an eye opener. He is 20 percent disabled but he still pays some taxes on the property he owns. Mr. Daniel Ortega, 2724 Poplar Grove, who encouraged Council to take a good look at what the things are that we really need to operate the city. A park is a `want' not a `need'. We need a true assessment of what needs we have. People generally do not want higher taxes. 08 -28 -2018 Minutes Page -13 - 1.7 ■ Property values continue to go up. He is not necessarily against a tax hike; however, he would like for Council to take a good hard look at everything. Mayor Carpenter closed the public hearing and moved to Item 1.7 of the agenda. Public Hearing on Proposed Tax Rate – Conduct a public hearing regarding the adoption of the FY 2018 -19 Tax Rate. (First required public hearing) (B James /J. Walters) Mayor Carpenter recognized Finance Director James Walters stating the proposed tax rate is listed on the public notice and is Mayor Carpenter opened the public hearing, and as closed the public hearing. Mayor Carpenter recognized Councilmember Lat'son presentation to make and went down to the podium. Hi of the following WANTS and NEEDS in our li 'ves: Economic Needs —i.e., Housing costs, Public Safety Supplies Economic Wants —i.e., Vacations; Free (document) (Schertz) Magazine, Retirement, Kids Cullee Fund, Which wants are more important? TI means to meet unlimited wants. so we His research produced the following data: • Schertz Medi" n Income, $72,463 • Schertz Median New Hone, $26Q,0 ©0 • ve a :monthly munrtgage payment, $1,929 People per stated he introduced this item 6. forward to speak he had a formal the grouping , Fire, EMS), Roads, School choices. New Parks /Trails, Paper Visit The world has limited Accord to his calculations, the total monthly income is around $5,012, total fixed expenses; about $4,98$; leaving a difference left over of $27. A $ 100 annual increase in city property , taxes clan consume 30% of a family's discretionary budget. In 2017 the average percentage value change on appraisals was 40.07% (according to SA Express News). A new home buyer will see their property tax obligations increase by 127% before they pay off their home. Over the 30 -year mortgage period you will pay the government more than the price you paid for the home. $316,158 vs. $260,000. It will also impact renters more. He feels there should be more focus on roads and our parks are not maintained to the level we would like. The solution: 1) spend less money on parks /recreation, 2) spend more money on roads. He provided a chart of the funds spent on parks by Cibolo, San Antonio, Universal City, and Schertz. Schertz was the highest at $68 /person. Our Parks Department 08 -28 -2018 Minutes Page -14 - is spread way to thin and cannot keep up with the maintenance they need. His proposals are: • Eliminate Shred Days $1.0,000 • Close one of the three pools $$150,000 • Stop free lunch for non - residents (Senior Center) $40,000 • Make Schertz Magazine 100% digital $115,000 • Reduce the number of parks • Stop adding new parks He feels we should keep the tax rate where it is and make some hard decisions about how we think about parks. Focus on a few and have the rest as gr6enspaces. Mayor Carpenter recognized the following who provided their cornmiimts /questions: Councilmember Crawford, who pointed out that Item 2 of the current agenda is to move some un -used funds from the vacant Assistant: Parks Director position 6,4116 'pedestrian routes and bike lane project fund. Councilmember Crawford spoke about taxes and appraisals increasing in his own private life which will, affect future choices he also needs to make. Mayor Pro -Tem Scagliola stated he voted against the .5146 rate; to approve it removes any further incentives to look for more saving options. He supports Councilmember Larson in a lot of things he, says, we can cut. He liked it when the city adopted a 5 -year budget plan. However, he didn't see it aligning with a spending needs cycle. Where is the focus? Quality of Life? Focus on infrastructure, wages? Where are we putting our emphasis? We have to make tough choices. How much more can we cut? There are more things that are still doable. Councilman Davis stated he agrees with a lot of the concepts brought forward by Councilman Larson. However, he also looks at the big picture. In the past five years the tax rate has gone down in the city. If we had kept the tax rate at what it was just five years ago and maintained that rate, the conversations we are having now probably would not exist. Last year he was a big advocate for asking staff to present a budget that was for what they 08 -28 -201.8 Minutes Page -15 - think the city needs. He has several concerns. Costs go up every year for everybody and we need a budget to address that. We have to be aware of our revenues and what can be brought in and how to use it to our advantage. He agrees with Councilmember Larson that there are things we can have discussions about. He liked the idea of converting the pools to splash pads -it would be a good discussion to have—however it would be costly, $150,000 and there would still be operating and maintenance costs. He spoke of the neighboring cities but said they need to still look at what is best for Schertz. He spoke about our past tax rates and said he still thinks it is time for a small adjustment and look at reducing the ratio of our I &S to our M &O. However, we will never be debt free.,- He doesn't know of any other city that is. Councilmember Larson spoke again to clarify that he d staff in any way. They have faithfully and exception' them by Council. He asked for the slides to be brought the different tax rates. He offered a challenge tci his co city `Parks Program Guide' at a cost of $000. H enough money for basic maintenance in our parr; but printing some park guides? Here is where he want s "Jo types of situations need to be looked at - -does this realty not think this is a failure of city executed,,, the guidance given to .gain for what we could get with ;ues. He spoto of the item of a is the challenge of having not we are allocating 45K towards llenge Council, not staff. These ke sense? ector James, Walters if he read the budget 8,19 with the,proposed tax rate of 0.5146 of s interest sinking fund. Mr. Walters replied lion is ::the general fund -42% of which is I &S portion is $6.6 million. He supplied a 's other comment for council was that if we xed, they will only get more expensive. He I what needs to be cut. To his fellow trying to say? Acting City Manager Brian Mimes spoke saying council comments this evening have been very accurate and on -point. Staff feels that continuing to do business as in the past is not sustainable. Fundamentally, it is about what kind of community do we want and what are we willing to pay for? Some communities say they want a lower tax rate and fewer wants or reduced needs. Other' communities say we don't want to just focus on what we need. Inherently, it Js a balancing act. Communities are very diverse. Staff has probably not been totally clear with council in the past about some of the challenges the city is facing. The focus of this budget has been on maintenance of existing facilities. We are a fairly lean staff and tend to work our people hard. Staff can probably be more optimistic with our revenue projections and in finding savings throughout the year. However, he cautions that this is well and good only until it is not well and good anymore. Staff is looking for direction here and it is their job to come up with a list of cuts but would like guidance on what these items would be. We have had a significant depression of our revenues over the years and only a portion of that is made up in this year's proposed tax increase. Staff will continue to look for more efficiencies. The proposed tax rate for this 08 -28 -201.8 Minutes page - 16 - year will hopefully allow us to provide the community with want they want in regard to needs and wants. Councilmember Crawford spoke briefly about how we changed our direction /focus around 2011 to be the community we wanted to be. Mr. James added that if council approves this proposed tax rate it does not mean we go on a spending spree, but rather we start catching up on some needs and break the cycle of getting further behind. Mayor Carpenter commented that taxes have increased regularly in the past seven years due to the rise in property appraisals, not by raising the rate. Cuncils'before and after all of us have had these same conversations and struggles each ar.,,,, There is no perfect answer. What has been constant for Schertz has been the growth.. -- -since 1958. He thanked Council and complimented them for their dialog and effort and, willingr to be open and frank with each other on this matter. He remined everyone that the state does require us to back away from that. We also do have to set bur bi. generally done mid -year budget adjustments overtime, then we can enter into regular dialogue throughout, money. He thanked Council one more time for their di performed with respect and restraint. Acting City Manager Brian James budget, establishes it, recommend and redirection of funds can.and ac Councilman Lai deciding where Carpenter er, the buc City Secretary Workshop a tax rate and wO do not get to tW As in the paste we have also asked Council to set the rate and year in the way we spend our e discussions and gallant efforts ion of how staff develops the I the year, quarterly changes council for approval. ssed his concerns, regarding setting a tax rate now and then it money later. He feels Council still has not given the o snake the difficult choices staff has to make to have the work on city projects. by state law set a tax rate and follow the dates given. be adjusted throughout the year with Council approval. provided the Roll Call Vote Confirmation for agenda items 1 -18. • Discussion and possible action regarding the City of Schertz Interview Committee. (B. Dennis) (Item requested by Council to be brought back) Mayor Carpenter stated that since there was not a full council present for this discussion that it be put back on for next week's discussion. 08 -28 -2018 Minutes Page -17 - • Presentation, discussion and direction regarding the Fall Council and HOA Presidents meeting. (B. Dennis) Mayor Carpenter recognized City Secretary Brenda Dennis who provided a brief PowerPoint presentation regarding the proposed upcoming September 18, 2018 City Council and HOA President's Special meeting answering questions and gathering information from Council. It was the consensus of Council to move forward with the recommendations that were presented and proceed with scheduling and setting up the meeting. Closed Session 20. City Council will meet in closed s, ' es$ioi Code, Deliberation Regarding Ecoomic governmental body is not required t0 co regarding commercial or financial infoi from a business prospect that the govert, in or near the territory ,of they governmer conducting econiomic deveII pment nego or other incentive to a business prospect. under Section 551.087 of the Texas Government Development Negrtiaticns; Closed Meeting. The duet :an popen meeting (1) to discuss or deliberate nation that the governmental body has received ne ' al body seeks to have locate, stay, or expand it body and with which the governmental body is ations; or (2) to deliberate the offer of a financial to regular session at 10:27 p.m. discussions held in closed session under Agenda Item 19. 20a. Take any action based on discussions held in closed session under Agenda Item 20. Requests and Announcements • Announcements by the Acting City Manager. No announcements were made. 08 -28 -2018 Minutes Page -18 - • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests were made. • Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see asgpments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers No announcements were made. As there was no further business, Mayor ATTEST: City S 08 -28 -2018 Minutes Page -19 - at 10:28 p.m. Michael R. Carpenter, Mayor Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: September 4, 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 (Final 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. City Council approved this on first reading at their meeting of August 28, 2018. 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 None ATTACHMENTS Ordinance No. 1.8 -M -30 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 4th 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 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. 9-4 -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 9-4 -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 9-4 -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. 9-4 -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 9-4 -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 9 -4 -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. 9 -4 -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 9-4 -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 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. 5.1 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. 9 -4 -2018 Revised 4 (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 Ate. 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. (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 9 -4 -2018 Revised 5 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 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. 9 -4 -2018 Revised 6 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 f Caption Only. 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. 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. 9-4 -2018 Revised 7 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 "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 9 -4 -2018 Revised 8 (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 debatable no no yes no 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 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 9 -4 -2018 Revised 9 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 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 9 -4 -2018 Revised 10 it is amendable (particularly as to postponement, timing), and an affirmative vote of four (4) Councilmembers is required. 9.10 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. 9.12 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. 9.13 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 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 9 -4 -2018 Revised I I 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 Legally Obligated to Abstain. When a Council Member is legally obligated to abstain from voting pursuant to Texas Local Government Code Chapter 171, 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. 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 9-4 -2018 Revised 12 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. 1.0.2 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 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. 1.1.2 Special Committees. The Council may, as the need arises, authorize the appointment of "ad hod" 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. 9 -4 -2018 Revised 13 ARTICLE 12. CITIZENS' RIGHTS 12.1 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. 1.2.3 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 12.2 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. 1.2.5 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 9 -4 -2018 Revised 14 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 1.3.1 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. (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, 9 -4 -2018 Revised 15 the Council should be informed of City news prior to release of such information to the community, newspaper(s), or other governmental entities, etc. 13.5 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, 2018 9-4 -2018 Revised 16 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: September 4, 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. Final 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. City Council approved this on first reading at their meeting of August 28, 2018. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve Ordinance No. 18 -M -31 final 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 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 4th 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 CITE' UD City Council Code of Ethics Introduction 9-4-2018 Final 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 1. 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 primary role of the liaison is that of facilitator of communications between the Page 1 CITE' 9-4-2018 Final 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 9-4-2018 Final 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' 9-4-2018 Final 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 9-4-2018 Final 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' 9-4-2018 Final 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 9-4-2018 Final 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 9-4-2018 Final 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 serve 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 9-4-2018 Final 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' 9-4-2018 Final 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 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 9-4-2018 Final • 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 CITE' 9-4-2018 Final The following Members of Council have received and agreed to place their signatures on this adopted document this 4th Day of September 2018. Michael R. Carpenter, Mayor Mark Davis, City Council Place 1 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 9-4-2018 Final The following Members of Council have received and agreed to place their signatures on this adopted document this 4th Day of September 2018. Michael R. Carpenter, Mayor Mark Davis, City Council Place 1 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. 4 CITY COUNCIL MEMORANDUM City Council Meeting: September 4, 2018 Department: Finance Subject: Resolution 18 -R -108 — A Resolution by the City Council of the City of Schertz, Texas, authorizing a contract with Armstrong, Vaughan, & Associates for auditing services. The City of Schertz currently uses Armstrong, Vaughan, & Associates (AVA) for independent auditing services as required by the City Charter. Throughout the history of the City of Schertz, AVA has been the City's auditors for 23 years; their current tenure has been from 2008 through 2017. The City of Schertz auditing contracts are for 3 years that have the option of being extended for 2 additional 1 -year terms. After the 2017 audit the previous contract with AVA ended and the City sought proposals from auditing firms to award a new contract. 4 proposals were received and evaluated by the Audit Committee made up of Councilmembers Davis, Gutierrez, and Kiser along with the Finance Director James Walters and the Acting City Manager Brian James. It is the Committee's recommendation that Council approve a 1 -year contract with AVA for auditing services instead of the standard 3 years. After this upcoming audit the City will request additional proposals with the intent to change firms. The City is under no obligation to change auditing firms, but the Committee felt the City would best be served by changing firms periodically. Due to the timeline of the upcoming audit and the procurement procedures requiring a request for proposals be posted that exclude AVA, the Committee's recommendation is to stay with AVA for one more year before gathering additional proposals to change firms. Goal Award contract to Armstrong, Vaughan, & Associates to perform auditing services for the fiscal year ending September 30, 2018. Summary of Recommended Action Staff recommends Council approve the contract with Armstrong, Vaughan, & Associates for a 1 -year term. �.��1� ifi►i i7r� These costs are included in the annual budget. A 1 -year contract with AVA is estimated to be $48,790.00. Staff recommends Council approve Resolution 18 -R -108 and award the contract for auditing services to Armstrong, Vaughan, & Associates for 1 year. ATTACHMENTS Resolution 18 -R -1.08 Bid Summary RESOLUTION NO. 18 -R -108 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH HYDROPRO SOLUTIONS FOR THE PURCHASE AND INSTALLATION OF WATER METERS AND INFRASTRUCTURE AND ESTABLISHING THE BUDGET FOR THE PROJECT WHEREAS, The City staff of the City of Schertz (the "City ") has recommended that the City accept the bid proposal from Armstrong, Vaughan, & Associates relating to auditing services; and WHEREAS, The Audit Committee has recommended a 1 year term on the contract and to request additional proposals the following year with the intent to change firms; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the Acting City Manager to execute and deliver the contract with Armstrong, Vaughan, & Associates for auditing services for FY 2017 -18. 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 4th day of September, 2018. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor M BID/RFP# 18-FIN-25-M-01 EVALUATION SUMMARY Project Name: FINANCIAL AUDIT SERVICES Date: 7/25/2018 INSTRUCTIONS: Enter a number 0 through 4 for each category for each proposer.You may use 0.25 increments if necessary. 0 = Not Compliant, 1 = Poor, 2 = Fair, 3 = Good, 4 = Excellent (Lowest Price / Evaluated Price) * Pts for Section VENDOR YEAR 1 YEAR 2 YEAR 3 YEAR 4 (OPTION) YEAR 5 (OPTION) Contract Total PATTILLO BROWN & HILL $55,000.00 $56,000.00 $57,000.00 $58,000.00 $59,000.00 $285,000.00 CARR RIGGS & INGRAM $67,500.00 $65,000.00 $65,000.00 $60,000.00 $60,000.00 $317,500.00 ARMSTRONG, VAUGHAN & ASSOC $48,790.00 $50,980.00 $52,280.00 $54,280.00 $54,280.00 $260,610.00 WEAVER & TIDWELL LLP 1 $58,000.00 1 $58,000.001 $61,000.001 $61,000.001 $63,000.001 $301,000.00 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: September 4, 2018 Department: Public Works Subject: Resolution No. 18 -R -121 Authorizing the Acting City Manager to reject all proposals received for the 2018 drainage maintenance projects ( #201.8- 0723 -1) (D. Wait/D. Letbetter) BACKGROUND In an effort to remain transparent for City Council when rejecting all responses and not awarding a formal procurement, staff is seeking authorization from City Council to formally reject all proposals received for the 2018 Drainage Maintenance Projects RFP. The goal of the 2018 Drainage Maintenance Projects is to eliminate ongoing maintenance and safety issues for the City's drainage staff and citizens. The Drainage Department recommended completing several projects throughout the City as part of the 2018 Drainage Budget. This included three projects adding underground storm sewer and four projects adding concrete rip rap. Each of these projects are relatively small projects and as such, on their own, would struggle to attract contractors who are working much larger projects that are prevalent in today's economy. As a result, in an attempt to obtain the most favorable pricing, the seven projects were combined into a single bid package to create one large project. The one larger project was also intended to attract a larger pool of contractors than any of the projects could draw on their own. The RFP was advertised for three weeks from July 25th to August 16th. A Pre - Submittal Conference was held on August 7th to allow contractors interested in bidding to ask questions of the project team. Eight contractors attended the Pre - Submittal Conference. On August 16th when proposals were due, only two contractors submitted proposals. The procurement process used for this project was a competitive sealed proposal where proposals are scored on a variety of criteria including qualifications of the respondent firm and experience on similar projects; experience on public projects; available resources to complete the project; corporate history and stability; and references, in addition to price. A selection committee consisting of City staff evaluated both of the received proposals on the non -price based elements. The :Purchasing Department completed the evaluation by incorporating the price into the scoring. After the evaluation was complete and a top respondent was identified, City staff from Purchasing, Public Works, and Engineering met with the design engineer from LAN to discuss possible options to bring the top rank proposal into alignment with the project budget. While LAN was able to identify specific line items where the unit pricing was unusually high, it became clear that the difference between the highest ranked proposal and the project budget was too great to negotiate. After the approval of this resolution, City staff plans to contact all of the contractors who attended the Pre - Submittal Conference to discuss the project with them and work towards identifying the specific reasons the project only received two proposals and why pricing was so elevated over our engineering estimates. After collecting that information, City staff will reassess the 2018 Drainage Maintenance Projects and make adjustments prior to re- advertising the project to help it fit within the project budget. 2018 Drainage Maintenance Project Budget Account Description Total 204 - 900 - 532900: Contingency $ 2,354.50 204 - 900 - 534100: Advertising $ 650.00 204 - 900 - 541100: Engineering $ 137,645.50 204 - 900 - 551900: Construction $ 492,905.00 Total $ 633,555.00 Drainage Projects LAN Cost Estimate Highest Scored Bidder Greenrid e $ 85,146.00 $ 112,894.00 Castle Hills $ 187,389.00 $ 223,517.50 Hidden Grove $ 245,558.00 $ 391,040.00 Base Bid Subtotal $ 518,093.00 $ 727,451.50 Colonies Ditch $ 41,323.00 $ 101,960.00 Alt #1 Subtotal $ 559,416.00 $ 829,411.50 Schaeffer Road $ 25,610.00 $ 37,100.00 Alt #2 Subtotal $ 585,026.00 $ 866,511.50 Dietz Road $ 101,036.00 $ 179,948.00 Alt #3 Subtotal $ 686,062.00 $ 1,046,459.50 Osage Avenue $ 112,603.00 $ 147,798.00 Alt #4 Subtotal $ 798,665.00 $ 1,194,257.50 Total $ 798,665.00 $ 1,194,257.50 Goal This Resolution will allow the Acting City Manager to reject all proposals received for the 2018 Drainage Maintenance Projects in order for City staff to identify any shortfalls in the specifications and design of this project and to re- advertise the project at a later date. Summary of Recommended Action Approve the rejection of all proposals received for the 2018 Drainage Maintenance Projects due to the high value being significantly over the project budget. FISCAL IMPACT Providing City staff with the opportunity to reassess the specifications and design of this project will allow the possibility for the City to obtain better pricing which will result in a more responsible use of tax dollars. Staff recommends Council approval of Resolution 18-R -121 ATTACHMENTS Resolution 18 -R -121 RESOLUTION NO. 18 -R -121 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO REJECT ALL PROPOSALS RECEIVED FOR THE 2018 DRAINAGE MAINTENANCE PROJECTS REQUEST FOR PROPOSALS ( #2018 -0723- 1) WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City reject all received proposals for the 2018 . Drainage Maintenance Projects; and WHEREAS, City staff has reviewed the submitted proposals and determined that the base bid pricing received is above the available budgeted amount by a margin too large to negotiate with the highest ranked vendor; and WHEREAS, the City Council has determined that it is in the best interest of the City to reject all received proposals for the 2018 Drainage Maintenance Projects in favor of re- advertising the project at a later date with a modified project scope. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the Acting City Manager to reject all proposals received for the 2018 Drainage Maintenance Projects. 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. FEW 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 4th day of September, 2018. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter FEW Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: September 4, 2018 Department: City Manager Subject: Resolution No. 18 -R -1.22 - Consideration and /or action approving a Resolution authorizing an Amendment to the Community Development Block Grant Program Cooperative Agreement with Bexar County, and other matters in connection therewith. (B. James /S. Gonzalez) On May 8, 2018 Council approved Resolution 18 -R -55 which authorized the City of Schertz to enter into a Community Development Block Grant (CDBG) program cooperative agreement with Bexar County. By doing this, it extended the City's participation in the program for another three years. Typically, suburban cities will "loan" their population to Bexar County Community Resources Department to increase funding available for the program which is then allocated by Bexar County Commissioners Court in the unincorporated portions of Bexar County and in participating cities. This money can be used for many income - dependent projects including the following: • senior citizen day care and community centers (not income - dependent), • ADA sidewalks (not income - dependent), • water systems and mains, • street reconstruction, • drainage projects, • housing rehabilitation and • public assistance for the elderly and low income citizens. Since that approval, Bexar County has subsequently reached out to the City with an amendment to this agreement. This amendment makes minor alterations to the terms of the agreement. As this request was time sensitive and the original resolution allows the Mayor to enter into the agreement, it has been signed and provided to Bexar County to meet their deadline. Approval of Resolution 18 -R -122 ratifies this action. Goal Continued participation in Bexar County's CDBG, HOME and ESG programs City Council Memorandum Page 2 Community Benefit Provide an additional funding source for projects throughout the City of Schertz. Summary of Recommended Action Recommend approval of a resolution and amended agreement authorizing continued participation in Bexar County's CDBG, HOME and ESG programs. FISCAL IMPACT None at this time. RECOMMENDATION Staff recommends approval of a resolution and amended agreement authorizing participation in Bexar County's CDBG, HOME and ESG programs. ATTACHMENT Resolution 18 -R -122 Amendment to CDBG Program Cooperative Agreement Resolution 18 -R -55 RESOLUTION NO. 18 -R -122 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE AGREEMENT WITH BEXAR COUNTY, TEXAS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") recommended that the City reenter into an agreement with Bexar County, Texas to participate with Bexar County, Texas in its re- qualification process as an Urban County for continued participation in the Housing and Urban Development Community Development Block Grant, HOME and ESG Programs for the fiscal years 2019, 2020 and 2021; and WHEREAS, the City Council approved Resolution 18 -R -55 on May 8, 2018 . which . authorized this; and WHEREAS, Bexar County has subsequently provided an amendment to this agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the amended agreement with Bexar County, Texas pursuant to the Amendment to Community Development Block Grant Program Cooperative Agreement, 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 Mayor to execute and deliver the Agreement with Bexar County, Texas 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 4th day of September, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A AMENDEMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE AGREEMENT FEW STATE OF TEXAS § AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COUNTY F BEXAR COOPERATIVE This Amendment to Community Development Block Grant Program Cooperative Agreement (the "Agreement ") is entered into by and between Bexar County ( "COUNTY "), a political subdivision of the State of Texas, and City of Schertz ( "CITY "), a municipal corporation under the laws of the State of Texas (also, individually, a "Party" or, collectively, the "Parties "). WHEREAS, on July 10, 2018, the Parties entered a Cooperative Agreement for Community Development Block Grant funded activities; and WHEREAS, the Parties seek to amend the agreement in order to comply with U.S. Department of Housing and Urban Development, Community Planning and Development, Notice CPD- 18 -02, Instructions for Urban County Qualification for Participation in the Community Development Block Grant (CDBG) Program for Fiscal Years (FYs) 2019 -2021, Section V, Cooperation Agreements which requires certain additional language be incorporated into new and existing Cooperative Agreements between the Parties. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE 1 AMENDMENTS 1.01 The Parties agree that the current Community Development Block Grant Program Cooperative Agreement shall be amended as provided below. Any text added to the agreement shall be identified by underlining and any text deleted shall be identified by use of s4ike4lifo,,g font. 02 The "Recitals" section of the original Cooperative Agreement is hereby amended to incorporate the following paragraph: "It is the leizal opinion of counsel for COUNTY. the Bexar Countv Criminal District Attorney, that the terms and provisions of the agreement are fully authorized under all applicable State and Local law and that the agreement provides full legal authority for the COUNTY to undertake the responsibilities and obligations which are the subject of this agreement. Said leLyal opinion is affirmed by the sianature of the assigned Assistant District Attorney provided herein." 1.03 Article I1, Term, Section 2.02 is hereby amended as follows: 2.01 "Automatic Renewal, Termination. This Agreement will automatically renew for each new three -year Urban County qualification period, unless CITY or COUNTY provides written notice of its intention to end its participation in this Agreement to the other Party before the end of a three -year qualification period. COUNTY agrees to notify CITY, in writing, of its right to elect not to participate in a new qualification period by the date specified in the HUD's Urban County Qualification Notice for each new qualification period...." 1.04 Article III, Other HUD Requirements is hereby amended to add the following provision as Section 3.07 and to renumber the original Sections 3.07 and 3.08 as Sections 3.08 and 3.09, respectively: 3.07 No Transfer of Funds. CITY may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local government or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non - Federal considerations, but must use such funds for activities eligible under title I of the Act. ARTICLE 2 OTHER TERMS AND CONDITIONS 2.01 All other terms and conditions of the Community Development Block Grant Program Cooperative Agreement between the Parties are unchanged and remain in full force and effect. EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE , DAY OF , 2018. {SEPARATE SIGNATURE PAGES FOR EACH PARTY TO FOLLOW} CITY OF ATTV�T, By: COUNTY OF BEXAR By: Nelson W. Wolff County Judge ATTEST: By: Gerard C. Rickhoff County Clerk APPROVED AS TO LEGAL FORM: By: Katherine Ramos Assistant Criminal District Attorney Civil Division APPROVED AS TO FINANCIAL CONTENT: By: Susan T. Yeatts County Auditor By: David Smith County Manager APPROVED: By: David Marquez Executive Director, Economic and Community Development Department RESOLUTION NO. 18-R -55 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE AGREEMENT WITH BEXAR COUNTY, TEXAS AND OTHER MATTERS IN CONNECTION THEREWIT14 WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City reenter into an agreement with Bexar County, Texas to participate with Bexar County, Texas in its re- qualification process as an Urban County for continued participation in the Housing and Urban Development Community Development Block Grant, HOME and ESG Programs for the fiscal years 2019, 2020 and 2021; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an agreement with Bexar County, Texas pursuant to the Community Development Block Grant Program Cooperative Agreement, 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 Mayor to execute and deliver the Agreement with Bexar County, Texas 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 8th day of May, 2018. CITY OF SCHERTZ, TEXAS / / j '2- .46 G� David Scagliola, M ro -Tem ATTEST: Bre da Dennis, City Secretary (CITY SEAL) EXHIBIT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE AGREEMENT A -1 STATE OF TEXAS § COMMUNITY DEVELOPMENT § BLOCK GRANT PROGRAM COUNTY OF BEXAR § COOPERATIVE AGREEMENT This agreement (the "Agreement ") is entered into by and between Bexar County ( "COUNTY "), a political subdivision of the State of Texas, and City of Schertz ( "CITY "), a municipal corporation under the laws of the State of Texas (also, individually, a "Party" or, collectively, the "Parties "). RECITALS 1. The specific purpose of the Housing and Community Development Act of 1974, as amended, is the development of viable communities. 2. CITY has elected to have its population included as a portion of COUNTY's population in COUNTY's "Urban County" applications to the U.S. Department of Housing and Urban Development ( "HUD ") for the Community Development Block Grant ( "CDBG ") Entitlement Program and the HOME Investment Partnership Program (collectively, the "Grant Applications "), and COUNTY is willing to include CITY's population in the Grant Applications. 3. COUNTY wants to be designated as an "Urban County" by HUD in order to receive a formula share of program funds, provided that COUNTY has a population of 100,000 (excluding the population of its metropolitan cities) and has combined population of at least 200,000 included in its unincorporated areas and its included units of general local governments for essential Community Development and Housing- Assistance activities. ARTICLE I POPULATIONS COMBINED 1.01 CITY authorizes COUNTY to include CITY's population in the Grant Applications in order to qualify for a formula share of the entitlement funds through HUD's CDBG Entitlement Program, HOME Investments Partnership ( "HOME ") Program, and Emergency Solutions Grant (` ESG "), and COUNTY agrees to include the same in the Grant Applications. 1.02 CITY shall not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years in which this Agreement is in effect. Further, CITY shall not participate in a HOME consortium except through COUNTY, regardless of whether COUNTY receives a HOME formula allocation during the fiscal years in which this Agreement is in effect. ARTICLE II TERM 2.01 Term. This Agreement is effective for the three -year qualification period of Fiscal Years 2019, 2020 and 2021. This Agreement remains in effect until the CDBG, HOME and ESG Program funds and income received with respect to the three -year qualification period and any successive qualification periods are expended and the funded activities are completed, and the Parties may not terminate or withdraw from this Agreement while it remains in effect. 2.02 Automatic Renewal; Termination. This Agreement will automatically renew for each new three -year Urban County qualification period, unless CITY or COUNTY provides written notice of its intention to end its participation in this Agreement to the other Parry before the end of a three -year qualification period. COUNTY agrees to notify CITY of its right to elect not to participate in a new qualification period by the date specified in the HUD's Urban County Qualification Notice for each new qualification period. Failure by either Party to adopt an amendment to this Agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a new qualification period, and to submit the amendment to HUD, shall void the automatic renewal of this Agreement. ARTICLE III OTHER HUD REQUIREMENTS 3.01 Cooperation. The Parties will cooperate to undertake, or assist in undertaking, community renewal and lower - income- housing- assistance activities. 3.02 Compliance with Specific Statutes. A. Urban - County- Certification. The Parties will take all actions necessary to assure compliance with the Urban County's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. B. Environmental and Civil - Rights. The Parties will take all required actions to comply with the provisions of the National Environment Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 104 (b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, and other applicable laws. 3.03 Furtherance of Fair Housing. COUNTY prohibits CDBG, HOME or ESG Program funding for activities in or in support of a participating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes COUNTY's actions to comply with its Fair Housing Plan and fair housing certification. 3.04 Excessive -Force Policies. COUNTY and the participating units of general local government have adopted and are enforcing: 1) a policy prohibiting the use of excessive force by law enforcement agencies with its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and 2) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location that is the subject of such non - violent civil rights demonstrations within the jurisdiction. 3.05 No Veto of Plan. Neither Party to this Agreement may veto or in any other way obstruct the implementation of the approved Consolidated Plan (the "Plan ") during the period for which COUNTY is seeking to qualify as an Urban County, nor may either Party be required to undertake any activities not specifically in the Plan. In addition, nothing contained in this Agreement will deprive any municipality or other unit of local government of any powers of zoning, development control or other lawful authority which it presently possesses. 3.06 CITY is Subrecipient. Pursuant to 24 CFR 570.501 (b), the unit of local government is subject to the same requirements applicable to subrecipients, including the requirements for a written agreement set forth in 24 CFR 570.503. 3.07 Urban County Program Responsibilities. COUNTY will adhere to HUD requirements regarding public hearings and will have final responsibility for selection of projects, the filing of annual grant request and the preparation of annual performance reports. 3.08 Certification Required. This Agreement is not effective unless and until it is executed by both Parties and certified by counsel for COUNTY. ARTICLE IV AMENDMENTS 4.01 No amendment, modification or alteration of the terms of this Agreement will be binding unless it is in writing, dated subsequent to the date of this Agreement, and duly executed by the Parties. This Agreement is executed in duplicate originals this day of 2018. COUNTY OF BEXAR By: Nelson W. Wolff County Judge ATTEST: By: Gerard Rickhoff County Clerk APPROVED AS TO LEGAL FORM: Nicholas "Nico" La Hood Criminal District Attorney Bexar County, Texas By: CITY OF HERTZ By: - c� Mich arpenter��r�� Mayor ATTEST: By: ' s City Secretary Katherine Ramos By: Assistant Criminal District Attorney Civil Section APPROVED AS TO FINANCIAL CONTENT: I' n By: Susan T. Yeatts County Auditor David Smith County Manager David Marquez Executive Director Bexar County Economic and Community Development Department CITY COUNCIL MEMORANDUM City Council Meeting: September 4, 2016 Department: Subject: Agenda No. 7 Planning & Community Development Ordinance No. 18 -5 -29 — 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 2 of the Tri- County Business & Industrial Park Unit IA Subdivision; City of Schertz, Guadalupe County, Texas; located at 17501. IH 35. (Final Reading) At the August 28, 2018 City Council meeting a public hearing was conducted on this item. City Council, City staff, and the applicant had discussions related to the dumpster location, drainage, and land use. Councilman Larson made a motion to approve the Specific Use Permit as presented. Councilman Gutierrez seconded the motion. The City Council voted four (4) in favor, and two (2) opposed (Councilman Edwards and Councilman Crawford). 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 2 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 City Council Memorandum Page 2 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. 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, facade 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. City Council Memorandum Page 3 • Screenina 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 • Li2htina and ;Aare 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. • Landscaping: 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 City Council Memorandum Page 4 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 Ordinance No. 18 -5 -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 2 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 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 ♦ �...��� m ti ri ti 0 N n r C �i WALL PACK (TYP) EMERGENCY EGRESS LIGHT 0 M m 6 1 5 1�. 15' -1" 60'-5" r f SECURITY CAMERA, TYP DASHED LINES INDICATES RTU'S BEYOND TO BE SCREENED ON ALL SIDES BY PARPAPE7 WALLS m CS -1 3" ELEVATION - FRONT FACING EAST 3/16" = V -0" 20 GA. PREFINISHED METAL PARAPET CAP T.O. PARAPET FRAMING 21' 8" LO.PARAPET FRAMING. 18'- 8" — l SS 1 EMERGENCY — EGRESS LIGHT $$-1 4 LINE OF ROOF STANDING SEAM METAL ROOF N -2 C$ -1 3 151-11, - 20 GA. PREFINISHED _ METALPARAPET -CAP-__ .__ 57 -1 CO2 CAGE CS -1 ) &fi 1�. MATERIAL CALCULATIONS MR -1 CS -1 MEMBRANE ROOFING CHOPPED STONE C S- I 21 526 S. F. DOR t }x 4t�Ii • METALS: 4.11 S.F. P -3 P -6 PROPANE CAGE N -2: 20.19 S.F. $ -1 ALUMINUM STOREFRONT GLAZING, CAP FLASHING, DOWNSPOUTS & SCUPPERS DARK BRONZE $7-1:.87 S.F. STUCCO SHERWIN WILLIAMS- BALANCED BEIGE SW 7037 SS -1 SS -1: 7.00 S.F. ELEVATION - RIGHT SIDE FACING NORTHEAST _ -- __ _ _ 6 ELEVATION FACADE AREA INCLUDING WINDOWS AND DOORS : 238.95 SF ELEVATION FACADE AREA EXCLUDING WINDOWS AND GLASS DOORS: 238.95 AREA OF WINDOWS AND GLASS DOORS: 0.00 SF ELEVATION C-1 AREA 238.95 SF ELEVATION PARAPET CAP: 11'­0`1_F PROVIDE 1' -0" X 2' -0" CONCRETE SPLASH BLOCKS AT EACH DOWNSPOUT; SPLASH BLOCK TO DISCHARGE MIN 12" AWAY FROM BUILDING 5 WALL PACK (TYP), COMMERCIAL GRADE SEAMLESS SCUPPER & DOWNSPOUT (TYP) STRAP DOWNSPOUT TO WALL AT TOP AND BOTTOM NORTHEAST ELEVATION T.O.PARAPET FRAMING. 18' -8" WALL PACK (TYP) 2 1 1 BEYOND PROPANESTORAGE BEYOND SPECIAL USE PERMIT NOTES: • BUILDING DESIGN CATEGORY: COMMERCIAL • TOTAL BUILDING FACADE AREA WITH WINDOWS AND DOORS: 4,335.06 SF i FLOOR ELEVATION FACADE AREA INCLUDING WINDOWS AND DOORS: 1844.95 SF ELEVATION FACADE AREA EXCLUDING WINDOWS AND GLASS DOORS: 1297.88 AREA OF WINDOWS AND GLASS DOORS : 547.07 BE ELEVATION C -1 AREA 1844.95 $F ELEVATION PARAPET CAP: 90' -7" LF C -1 CHOPPED STONE EL DORADO STONE ASHLAR PATTERN CO2 CAGE BEYOND &DOWNSPOUT (TYP) STRAP DOWNSPOUT PROPANE CAGE BEYOND TO WALL AT TOP AND BOTTOM �6 T.O. PARAPET FRAMING / T.QPARAPET FRAMING. 18' -8" T.O. FINISH FLOOR 0" ELEVATION FACADE AREA INCLUDING WINDOWS AND DOORS: 1,254.98 S.F. ELEVATION FACADE AREA EXCLUDING WINDOWS AND GLASS DOORS: 1254.98 AREA OF WINDOWS AND GLASS DOORS: 0.00 SF ELEVATION C -1 AREA: 1,254.98 $.E. ELEVATION PARAPET CAP: 63' -9" LF 3 CS -1 C$ -1 BLOCKS AT EACH DOWNSPOUT; SPLASH BLOCK TO DISCHARGE MIN 12" AWAY FROM BUILDING 20 GA. PREFINISHED METAL PARAPET CAP DASHED LINES INDICATES RTU'S BEYOND TO BE SCREENED ON ALL SIDES BY PARPAPET WALLS — LINE OF ROOF BEYOND -- - - - - -- WALL PACK (TYP), REF ELECTRICAL CS -1 P -3 4' -0" N -2 NICHIHA VINTAGEWOOD CEDAR T.O. PARAPET FRAMING 21' - 8" TO PARAPET FRAMING. 18'-8" EMERGENCY ry EGRESS LIGHT U O J L / N M o O 06 1i Q m O v Z w ' ` Y D V � � m M Xa d z J % Q m X i ELECTRICAL O O EQUIPMENT C �� U O N �z LL W� w T.O FINISH FLOOR LL_ Nm N MATERIAL CALCULATIONS Ll) ) • CS -1: 1,264.74 S.F. METALS: 89.27 S.F. O U Ot b c " A� �. 106 N 37TH STREET, SUITE C ROGERS, ARKANSAS 72756 WW W.BATESARCHITECTS.COM TEL 479.6318165 GpytlgMXOty Yates & tlssalatgs, "Npttb 'Intl 5pedfl�tIDmaa m.mmenkm " "seMSam'I'd I" ototiIp,t...Perenotto rt10ono.w ms,do,oth atnv aer "emenem.riemg ane klb],f rm frnTh a d,,d Nmgd' —d..at miq�e m m,m..tr am m...s, �ohdI m" a11, 1-11101's 1" e ", wn," STORE N: 38487 CONSTRUCTION MANAGER SCHAFFER CONSTRUCTION 2601 NETWORK BLVD., SUITE 413 FRISCO, TX 75034 TENANT 7FLEVEN INC. 3200 HACKBERRY ROAD, IRVING, TX 75063 D PROTO:08/21/2017 ELEVATION FACADE AREA INCLUDING WINDOWS AND DOORS: 1,264.74 S.F. ELEVATION FACADE AREA EXCLUDING WINDOWS AND GLASS DOORS: 1264.74 AREA OF WINDOWS AND GLASS DOORS: 0.00 SF ELEVATION C -1 AREA: 1,264.74 S.F. ELEVATION PARAPET CAP: 63' -9" LF tt H MATERIAL CALCULATIONS • C$ -1: 215.26 S.F. ST -1 METALS: 4.11 S.F. N -2: 20.19 S.F. /� CS -1 ST -1:.87 S.F. A PROJECTNUMBER: D. FINISH FLOOR SS -1: 7.00 S.F. 18046 0" RELEASE DATE: 07/25/2018 ELEVATION FACADE AREA INCLUDING WINDOWS AND DOORS: 238.95 SF ELEVATION FACADE AREA EXCLUDING WINDOWS AND GLASS DOORS: 238.95 SF AREA OF WINDOWS AND DOORS: 0.00 SF ELEVATION C -1 AREA 238.95 SF ELEVATION PARAPET CAP: 1 V-O" LF ELEVATION -LEFT LEFT SIDE FACING SOUTHWEST 3/16" =.. -0 _ . 2 1 REVIEW BOARD ELEVATIONS ROOO 1 EXTERIOR MATERIALS SCHEDULE N0. MATERIAL MANUF.COLOR MR -1 CS -1 MEMBRANE ROOFING CHOPPED STONE DUROLAST - WHITE EL DORADO STONE - ASHLAR PATTERN N -2 NICHIHAVINTAGEWOOD NICHIHA - VINTAGEWOOD "CEDAR" P -3 P -6 EXTERIOR HM DOORS, FRAMES, TRASH ENCLOSURE GATE, GRAVEL GUARDS, AND LIGHT POLES EXTERIOR BOLLARDS SHERWIN WILLIAMS- SEAL SKIN $W 7675 SHERWIN WILLIAMS - SEAL SKIN SW 7675 $ -1 ALUMINUM STOREFRONT GLAZING, CAP FLASHING, DOWNSPOUTS & SCUPPERS DARK BRONZE ST -1 STUCCO SHERWIN WILLIAMS- BALANCED BEIGE SW 7037 SS -1 STANDING SEAM ROOF BERRIDGE - ZINC -COTE BEYOND PROPANESTORAGE BEYOND SPECIAL USE PERMIT NOTES: • BUILDING DESIGN CATEGORY: COMMERCIAL • TOTAL BUILDING FACADE AREA WITH WINDOWS AND DOORS: 4,335.06 SF i FLOOR ELEVATION FACADE AREA INCLUDING WINDOWS AND DOORS: 1844.95 SF ELEVATION FACADE AREA EXCLUDING WINDOWS AND GLASS DOORS: 1297.88 AREA OF WINDOWS AND GLASS DOORS : 547.07 BE ELEVATION C -1 AREA 1844.95 $F ELEVATION PARAPET CAP: 90' -7" LF C -1 CHOPPED STONE EL DORADO STONE ASHLAR PATTERN CO2 CAGE BEYOND &DOWNSPOUT (TYP) STRAP DOWNSPOUT PROPANE CAGE BEYOND TO WALL AT TOP AND BOTTOM �6 T.O. PARAPET FRAMING / T.QPARAPET FRAMING. 18' -8" T.O. FINISH FLOOR 0" ELEVATION FACADE AREA INCLUDING WINDOWS AND DOORS: 1,254.98 S.F. ELEVATION FACADE AREA EXCLUDING WINDOWS AND GLASS DOORS: 1254.98 AREA OF WINDOWS AND GLASS DOORS: 0.00 SF ELEVATION C -1 AREA: 1,254.98 $.E. ELEVATION PARAPET CAP: 63' -9" LF 3 CS -1 C$ -1 BLOCKS AT EACH DOWNSPOUT; SPLASH BLOCK TO DISCHARGE MIN 12" AWAY FROM BUILDING 20 GA. PREFINISHED METAL PARAPET CAP DASHED LINES INDICATES RTU'S BEYOND TO BE SCREENED ON ALL SIDES BY PARPAPET WALLS — LINE OF ROOF BEYOND -- - - - - -- WALL PACK (TYP), REF ELECTRICAL CS -1 P -3 4' -0" N -2 NICHIHA VINTAGEWOOD CEDAR T.O. PARAPET FRAMING 21' - 8" TO PARAPET FRAMING. 18'-8" EMERGENCY ry EGRESS LIGHT U O J L / N M o O 06 1i Q m O v Z w ' ` Y D V � � m M Xa d z J % Q m X i ELECTRICAL O O EQUIPMENT C �� U O N �z LL W� w T.O FINISH FLOOR LL_ Nm N MATERIAL CALCULATIONS Ll) ) • CS -1: 1,264.74 S.F. METALS: 89.27 S.F. O U Ot b c " A� �. 106 N 37TH STREET, SUITE C ROGERS, ARKANSAS 72756 WW W.BATESARCHITECTS.COM TEL 479.6318165 GpytlgMXOty Yates & tlssalatgs, "Npttb 'Intl 5pedfl�tIDmaa m.mmenkm " "seMSam'I'd I" ototiIp,t...Perenotto rt10ono.w ms,do,oth atnv aer "emenem.riemg ane klb],f rm frnTh a d,,d Nmgd' —d..at miq�e m m,m..tr am m...s, �ohdI m" a11, 1-11101's 1" e ", wn," STORE N: 38487 CONSTRUCTION MANAGER SCHAFFER CONSTRUCTION 2601 NETWORK BLVD., SUITE 413 FRISCO, TX 75034 TENANT 7FLEVEN INC. 3200 HACKBERRY ROAD, IRVING, TX 75063 D PROTO:08/21/2017 ELEVATION FACADE AREA INCLUDING WINDOWS AND DOORS: 1,264.74 S.F. ELEVATION FACADE AREA EXCLUDING WINDOWS AND GLASS DOORS: 1264.74 AREA OF WINDOWS AND GLASS DOORS: 0.00 SF ELEVATION C -1 AREA: 1,264.74 S.F. ELEVATION PARAPET CAP: 63' -9" LF tt H MATERIAL CALCULATIONS • C$ -1: 215.26 S.F. ST -1 METALS: 4.11 S.F. N -2: 20.19 S.F. /� CS -1 ST -1:.87 S.F. A PROJECTNUMBER: D. FINISH FLOOR SS -1: 7.00 S.F. 18046 0" RELEASE DATE: 07/25/2018 ELEVATION FACADE AREA INCLUDING WINDOWS AND DOORS: 238.95 SF ELEVATION FACADE AREA EXCLUDING WINDOWS AND GLASS DOORS: 238.95 SF AREA OF WINDOWS AND DOORS: 0.00 SF ELEVATION C -1 AREA 238.95 SF ELEVATION PARAPET CAP: 1 V-O" LF ELEVATION -LEFT LEFT SIDE FACING SOUTHWEST 3/16" =.. -0 _ . 2 1 REVIEW BOARD ELEVATIONS ROOO 1 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 Agenda No. 8 0111 &WOL11"LlusIaU 1 DIU [o7 710 Rod 1 City Council Meeting: September 4, 2018 Department: Subject: BACKGROUND Finance Ordinance No. 18 -T -32 — Conduct a public hearing and consideration and /or action approving an ordinance adopting a budget for the fiscal year beginning October 1, 2018 and ending September 30, 2019. . First Reading (B. James /J. Walters) In accordance with applicable statutes and the City Charter, the City Manager submitted a budget proposal to the City Council for consideration on August 1.0, 2018. . The City Council held public hearings for the Proposed Budget on August 28, 2018 and, tonight, September 4, 2018. In the General Fund, Staff has proposed increasing the amount of funds allocated toward maintenance of parks, streets, and facilities by $235,000 each. The Water & Sewer Fund has an increase of $800,000 in the contribution to Schertz Seguin Local Government Corporation in preparation of the new pipeline and water supply development, an increase of $400,000 in sewer treatment costs and for new population, and an increase in debt payments of $275,000. A copy of the proposed budget is available for view on the City's webpage www,schertz.com. Also included on the same page of the website are copies of the PowerPoint presentation to City Council, the copy of the PowerPoint presentation and video recording for the Community Budget Meetings, a list of all requested expanded programs, and the property tax notice required by the state statutes. FISCAL IMPACT General Fund $33,489,265 Special Events Fund 156,700 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 5,749,744 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 $82,070,197 Changes to the Budget originally submitted: • Updated wording and grammar in the Executive Summary • Updated Human Resources Department Narrative to include Performance Indicators • Updated Information Technology Department Narrative to include Performance Indicators • Updated Hotel Occupancy Tax Narrative to correct a typo on the Revenue Total for FY 2018 -1.9 • Updated Historical Committee Narrative to correctly display total Revenue for the Fund • Updated Schertz Economic Development Corporation Narrative to correctly display City Assistance program amounts for FY 2017 -18 and FY 2018 -19 • Updated Schertz Economic Development Corporation Budget to include a $25,000 payment to Ace Mart per their development agreement • Updated Schertz Economic Development Corporation Budget to include a $750,000 incentive agreement approved August 28, 2018 • Updated Human Resources and Special Events Fund Budgets to transfer Employee Appreciation Events of $14,500 to the Human Resources Budget • Added List of Capital Projects Estimated Balances RECOMMENDATION Staff recommends that the City Council approve the first reading of Ordinance No. 1.8 -T -32, adopting the budget for the fiscal year beginning October 1, 2018 and ending September 30, 2019. ATTACHMENT Ordinance No. 18 -T -32 Proposed Budget Change Memo with Replacement Pages ORDINANCE NO. 18 -T -32 AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018, AND ENDING SEPTEMBER 30, 2018, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE FILING OF THE BUDGET; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Schertz is a home rule city acting under its charter adopted by the electorate pursuant to Article X1, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Manager of the City of Schertz submitted a budget proposal to the City Council prior to the beginning of the fiscal year, and in said budget proposal set forth the estimated revenues and expenditures and made the detailed classification as required by the City Charter of the City of Schertz, Texas; and WHEREAS, the City Council finds that all provisions pertaining to the adoption of a budget contained in the City Charter have been in all things complied with; and WHEREAS, a Public Hearing was held by the City Council of the City of Schertz, Texas on the 28th day of August 2018, and the 4th day of September 2018; and WHEREAS, after a full and final consideration, the City Council is of the opinion that the budget should be approved and adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: SECTION 1. The budget of the expenditures of the City of Schertz for the ensuing fiscal year beginning October 1, 2018, and ending September 30, 2019, be, and the same is, in all things, adopted and approved as the said City of Schertz budget for the Fiscal Year beginning the first day of October 2018, and ending the thirtieth day of September 2019. SECTION 2. The sums below are hereby appropriated from the respective funds for the payment of expenditures on behalf of the City government as established in the approved budget document: 2018 -2019 Budget General Fund $33,489,265 Special Events Fund 156,700 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 5,749,744 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 $82,070,197 SECTION 3. A true and correct copy of this ordinance along with the approved budget attached hereto, and any amendments thereto, shall be filed with the City Secretary. In addition, the City Manager is hereby directed to file or cause to be filed a true and correct copy of this ordinance along with the approved budget attached hereto, and any amendments thereto, in the office of the County Clerk of Guadalupe, Comal, and Bexar Counties, Texas, as required by law. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Schertz, Texas (2006), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. a pro 1 [1101 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6. This ordinance shall be in full force and effect from and after its final passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING THIS 4th DAY OF SEPTEMBER 2018. PASSED AND APPROVED ON SECOND READING THIS 11th DAY OF SEPTEMBER 2018. Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary Taxes Franchises Permits Licenses Fees Fines Inter - Jurisdictional Inter -Fund Transfers Miscellaneous TOTAL Revenue EXPENSES City Council City Manager Municipal Court Customer Relations -311 Planning Legal Services City Secretary Non Departmental Public Affairs Engineering GIS Department Police Fire Rescue Inspections Public Works- Streets Parks Pools Event Facilities Library Animal Control Information Technology Human Resources Finance Purchasing Fleet Services Facility Services City Assistance Court Restricted Funds TOTAL EXPENSES Revenue over /(under) EXPENSES Change Memo For the 2018 -19 Budget 21,519,002 0 21,519,002 2,373,687 0 2,373,687 1,604,320 0 1,604,320 56,760 0 56,760 1,843,973 0 1,843,973 22,000 0 22,000 967,008 0 967,008 2,827,890 9,000 2,836,890 656,550 0 656,550 31,871,190 9,000 31,880,190 100,959 1,161,522 346,940 121,957 240,266 160,000 207,049 2,859,431 644,841 739,220 175,311 8,355,808 5,261,613 895,579 1,474,297 1,603,030 639,878 425,605 967,904 500,269 2,312,442 597,435 672,482 226,299 875,043 1,542,419 327,666 45,000 33,480,265 (1,609,075) 0 0 0 0 0 (5,500) 0 0 0 0 0 0 0 0 0 0 0 0 0 14,500 0 0 0 0 0 0 9,000 0 8/30/2018 1 of 3 100,959 1,161,522 346,940 121,957 240,266 160,000 207,049 2,853,931 644,841 739,220 175,311 8,355,808 5,261,613 895,579 1,474,297 1,603,030 639,878 425,605 967,904 500,269 2,312,442 611,935 672,482 226,299 875,043 1,542,419 327,666 45,000 33,489,265 (1,609,075) Transfer from other funds for Employee Appreciation Reduce transfer for Employee Appreciation Transfer Employee Apprecition events from Special Events Change Memo For the 2018 -19 Budget (RGVGIVUGJ [I Fund Transfers 71,000 (14,500) 56,500 Transfer to General Fund for Employee Appreciation Miscellaneous 100,260 0 100,260 TOTAL Revenue 171,260 (14,500) 156,760 EXPENSES Other Events 31,500 0 31,500 Festival of Angels 14,000 0 14,000 Employee Appreciation Event 14,500 (14,550) - Transfer to Human Resources in General Fund Jubilee 26,000 26,000 National Night Out 500 0 500 Walk for life 15,000 0 15,000 SchertzQ 30,000 0 30,000 Sweetheart Event 24,000 0 24,000 Hal Baldwin Scholarship 15,510 0 15,510 TOTAL EXPENSES 171,010 (14,500) 156,510 Revenue over /(under) EXPENSES 250 0 250 8/30/2018 2 of 3 Change Memo For the 2018 -19 Budget Proposed Changes Revised Proposed Reason Budget 8/08/2018 474,164 Budget 9/04/2018 Change Economic Development Corporation 620 Taxes -Sales Tax 4,242,580 0 4,242,580 Fund Transfers 474,164 775,000 1,249,164 Miscellaneous 258,000 0 258,000 TOTAL Revenue 4,974,744 775,000 5,749,744 EXPENSES Projects 4,025,000 775,000 4,800,000 Economic Development 949,744 0 949,744 TOTAL EXPENSES 4,974,744 775,000 5,749,744 Revenue over /(under) EXPENSES 0 0 0 ALL FUND REVENUES (5,500) ALL FUND EXPENSES (5,500) ALL FUND OVER /(UNDER) 8/30/2018 3 of 3 Total Revenue Decrease Total Expense Decrease Total Change to All Fund Fund Balance Executive Summary General Fund Revenue: General Fund revenue will increase 1.2% over FY 2017 -18 year end estimates and the largest contributor to this increase will be from property taxes. The property taxes for FY 2018 -19 are estimated to increase 11.2% from FY 2017 -18 year end estimates with the increase in the Maintenance and Operations (M &O) rate to $0.3497. The revenue generated by this rate increase will go to fund additional streets, parks, and facility maintenance. Sales Taxes are expected to increase 5.8% from year end estimates. This trend follows the area population growth and the potential for new businesses yet is conservative when looking at the average 5 -year growth. Permits, Fees, Fines, and Other Tax are expected to decrease 25.2% from year end estimates due to an irregular volume of permits in FY 2017 -18 which marked the second highest intake of permit revenue received by the City in a single year. Permit revenue is expected to return to regular historic levels for FY 2018 -19. Miscellaneous Income will also decrease 25.6% due to an influx in public safety deployment reimbursements in FY 2017 -18. Throughout the end of FY2016 -17 and all of FY 2017 -18, City of Schertz Firefighters were deployed to disasters statewide ranging from Hurricane Harvey aftermath to wildfires to render aid. These deployments are fully reimbursed by Federal and State programs. FY 2017 -18 is a high year for deployment request reimbursements which is not expected to continue in FY 2018 -19. Expenses: The overall FY 2018 -19 General Fund Budget increased 9.2% from FY 2017- 18 year end estimates. This increase includes $735,000, or a 2.4% increase, for streets, parks, and facility maintenance programs. The City's parks and streets were identified in the Citizen Satisfaction Survey of 2016 as areas for the City to improve upon. The tax rate increase was proposed to raise the funds start addressing concerns about levels of service in these areas. Also new to the FY 2018 -19 Budget is the grand opening of Fire Station 3 which includes full year funding of operational costs and the final 3 personnel that were hired mid 2017- 18. Another notable item for the FY 2018 -19 Budget is the implementation of the Classification & Compensation Study's fourth and final year of the recommendation. 131 employees in 65 different positions throughout the General Fund and other Operating Funds will receive a pay change in accordance with the recommendation. These were positions identified in a survey conducted by a 3rd party that were below market averages 1 of 282 EXECUTIVE SUMMARY for pay in their field. The fiscal impact on the General Fund for the fourth year adjustment will be $265,000. In FY 2017 -18 a new permit software began the implementation process. The total project cost is estimated to be $375,000 and will improve the plan review and permit issuing process by making it streamlined for a faster and more convenient way for developers and residents to build in Schertz. The estimated remaining project cost that was not expensed in FY 2017 -18 of is included in the FY2018 -19 to complete the project. City Council The FY 2018 -19 Budget increase 16.4% from FY 2017 -18 year end estimates due to recording costs for Council on the Go meetings. City Manager The FY 2018 -19 Budget decrease 11.9% from the FY 2017 -18 year end projections due to decrease in personnel costs. Municipal Court The FY 2018 -19 Budget decrease 7.3% from FY 2017 -18 year end projections with the transfer of a Court Clerk position to a Floating Clerk position split between Inspections and Utility Billing. This transfer was due to increased workloads seen in Inspections and Utility Billing while less citations are being issued. 311 Customer Service The FY 2018 -19 Budget will decrease 1.4% from FY 2017 -18 year end projections. There will be no change in operations. Planning & Zoning The FY 2018 -19 Budget increase 2.2% from FY 2017 -18 year end projections by increasing supplies and training. Legal Services The FY 2018 -19 Budget will increase 15.9% from FY 2017 -18 year end projections to $160,000 which is amount estimated to be enough to cover and changes in the most common legal matters including contract review. City Secretary The FY 2018 -19 Budget will increase 3.0% from FY 2017 -18 due to additional Unified Development Code amendments that will need to be recorded in the City's Code of Ordinances. Non - Departmental The FY 2018 -19 Budget will increase 18.3% from FY 2017 -18 year end projections by increasing City Support Services to set contingencies to the starting value of $300,000 and increasing the County Appraisal District costs due to a rising population. 2 of 282 EXECUTIVE SUMMARY Public Affairs The Public Affairs Budget for FY 2018 -19 combined the previously separated Records Management, Schertz Magazine, and Public Affairs. The FY 2018 -19 Budget will decrease 13.9% from the FY 2017 -18 year end estimates due to a transfer of the two Special Events personnel to the Parks Department. Offsetting part of the decreased from the transferred program, is the implementation of the second Citizen Satisfaction Survey to take place in FY 2018 -19. Records Management Beginning FY 2018 -19, this Budget will be combined with the Public Affairs Department. Schertz Magazine Beginning FY 2018 -19, this Budget will be combined with the Public Affairs Department. Engineering The FY 2018 -19 Budget will increase 8.8% from FY 2017 -18 year end projections by providing for additional plan review services and a replacement work truck. GIS The FY 2018 -19 Budget increases 0.1 % from the FY 2017 -18 year end projections with no change in operations. Police Beginning in FY 2018 -19, this Budget will be combined with the Marshal and Environmental Health Budgets. The FY 2018 -19 Budget increases 6.2% from the FY 2017 -18 year end estimates with the addition of 1 Student Resource Officer with a vehicle and equipment as well with lower turnover with the new cadet program. Fire Rescue The FY 2018 -19 Budget will increase 10.1 % from the FY 2017 -18 year end estimates. This increase is due to the additional operating costs associated with opening of Fire Station 3 including full year funding of all personnel assigned to Station 3 and associated overtime and the purchase of a replacement Brush Truck. Inspections The FY 2018 -19 Budget will decrease 4.8% from the FY 2017 -18 year end estimates. The addition of half of a Floating Clerk salary, split with Utility Billing, will be offset by lowering the third party inspection services contract use. FY 2017 -18 saw an increase use of this contract with the large number of permits that is not expected to continue into FY 2018 -19. Contract Services will further be decreased and will fully offset the hiring of 2 additional Building Inspector positions. Marshal Services Beginning FY 2018 -19, this Budget will be combined with the Police Department. 3 of 282 EXECUTIVE SUMMARY Streets The FY 2018 -19 Budget will increase 7.3% from the FY 2017 -18 year end estimate with the addition of $235,000 for additional streets and sidewalk maintenance throughout the City. Parks The FY 2018 -19 Budget will increase 46.0% from the FY 2017 -18 year end estimate. This increase is from the addition of $235,000 for regular park maintenance through additional supplies and improvements. Also included in the Budget are improvements for the Senior Center Parking Lot of $50,000 and $165,500 for two replacement mowers, a replacement work truck, and a replacement bucket truck. Pools The FY 2018 -19 Budget will increase 6.2% from the FY 2017 -18 year end estimate. The annual contribution for the operations of the Aquatics Center can vary year by year based on fiscal performance of the YMCA. The proposed budget includes an average of the actual costs incurred since the Aquatics Center opened. Event Facilities The FY 2018 -19 Budget will increase $281,373 from the FY 2017 -18 year end estimate due to the dedicated support staff being transferred from Building Maintenance to this budget as well as the Civic Center Manager position from Public Affairs. Overall, this includes the transfer of 4 full time personnel and 1 part time and no new positions. This increase also includes $20,000 for a cleaning contract for the Civic Center to assist in keeping the facility clean and ready for customers' use. Library The FY 2018 -19 Budget will increase 1.2% from the FY 2017 -18 year end estimate with the one time funding of additional $20,000 of library materials. Animal Services The FY 2018 -19 Budget will decrease 4.5% from the FY 2017 -18 year end estimates due to the decrease in capital expenditures. Capital expenditures do not occur every year and only when the vehicle or equipment needs to be replaced. Non - capital expenditures will increase 8.3% for estimating lower turnover in FY 2018 -19. Environmental Health Beginning FY 2018 -19, this Budget will be combined with the Police Department. Information Technology The Information Technology FY 2018 -19 Budget increased 15.5% from the FY 2017 -18 year end estimates. Included in FY 2018 -19 is the remaining costs of setting up the new permit software of $233,137 plus additional $20,000 in tablets and peripherals for staff and board members to leverage the new software for operating efficiencies. Personnel Services increased with the transfer of the Public Safety Systems Technician from the 4 of 282 EXECUTIVE SUMMARY Police Budget to Information Technology. New software and equipment also includes new Animal Shelter management software. Human Resources The FY 2018 -19 Budget will increase 19.3% from the FY 2017 -18 year end estimate for a formal employee compensation study conducted by a third party and transferring existing budget for Employee Appreciation Events from the Special Events Fund to Staff Support. Finance The FY 2018 -19 Budget will increase 9.6% from the FY 2017 -18 year end estimate due to a higher personnel estimates caused by lower expected turnover. Purchasing & Asset Management The FY 2018 -19 Budget will decrease 5.8% from the FY 2017 -18 year end estimate due to lower capital expenditures. Capital expenditures include vehicles and equipment that are not expected to be replaced or purchased every year. Fleet Services The FY 2018 -19 Budget will increase 11.0% from the FY 2017 -18 year end estimate due to additional capital expenditures related to replacement of a tire balancing machine and vehicle and the purchase of a new hot water pressure washer and parts cleaning tank. Facility Services The FY 2018 -19 Budget will increase 7.5% from the FY 2017 -18 year end estimate. This increase added an additional $200,000 in supplies and improvements for additional maintenance of city facilities. Also included is a new HVAC Technician to perform regular maintenance on the City's air conditioning system which will extend its life and reduce future costs. This increase is offset by a transfer of personnel to Event Facilities, including 3 full time positions and a part time position to be dedicated to the civic and community centers. City Assistance The FY 2018 -19 Budget will increase 4.4% from the FY 2017 -18 year end estimate due to an increase in the transportation assistance program to match the growth in the number of transports. The fee did not increase in FY 2017 -18 from the year prior. Court Restricted Funds The FY 2018 -19 Budget will increase $27,180 from the FY 2017 -18 to replace old ticket writers from the Court Technology Fund Balance. Special Events Fund Revenue: The revenue for FY 2018 -19 is expected to decrease 4.5% from FY 2017 -18 year end estimates for with the removal of transfers for employee appreciation events. 5 of 282 EXECUTIVE SUMMARY Expenses: The Special Events Fund FY 2018 -19 Budget increased 6.5% from the FY 2017 -18 year end estimates. This increase is for new events such as a Daddy Daughter Dance, a Kickball League, and a Dodgeball League which are offset by registration and ticket fees. Employee appreciation events will now be in Human Resources' budget. Interest & Sinking Fund Revenues: Revenues for FY 2018 -19 increase 5.9% from the FY 2017 -18 estimate with a $113,723 transferred from reserves for the year. This withdraw is a planned transfer of excess reserves to reduce the tax rate. Expenses: The FY 2018 -19 Budget will decrease 2.4% from the FY 2017 -18 year end estimate with the completion of the 2013 Tax Notes. Water & Sewer Fund Revenue: Revenues for FY 2018 -19 are expected to increase 6.2% from the FY 2017- 18 year end estimate. Expenses: The FY 2018 -19 Budget increases 7.0% from the FY 2017 -18 year end estimates to include additional bond payments for infrastructure improvements, a higher contribution to SSLGC for the new water line construction, and higher sewer treatment costs. Utility Billing The FY 2018 -19 Budget increases 15.2% from the FY 2017 -18 year end estimate with the addition of a Floating Clerk, split with Inspections, and higher expected credit card fees. Administration The FY 2018 -19 Budget will increase 11.1 % from the FY 2017 -18 year end estimate. Maintenance Services are expected to increase $600,000 due to higher sewer treatment costs. The new 2018 bond issuance will fund the replacement and installation of a new water meter system, loop lines for continuous service, and the relocation of utilities on FM1103 to make room for the road expansion which results in higher debt payments. Expected contributions to Schertz Seguin Local Government Corporation will increase to begin construction on a new water supply line into Schertz and ensure the water supply for the City. Capital Recovery Fund - Water Projects for FY 2018 -19 include conducting the Water/Wastewater Capital Recovery Study to identify future capital needs. Ongoing projects include the 1 million gallon elevated tank at Corbett. Capital Recovery Fund - Sewer Projects for FY 2018 -19 include conducting the Water/Wastewater Capital Recovery Study to identify future capital needs. Ongoing projects include the construction of the 6 of 282 EXECUTIVE SUMMARY main trunk line in southern Schertz that will connect to the new sewer treatment facility being added to the area. Drainage Fund Revenue: The FY 2018 -19 revenue from drainage fees is expected to increase 6.8% with new commercial and residential development occurring in the City. Overall revenue will decrease 6.8% from the prior year which saw a one time contribution from Cibolo for the bridge reconstruction. Expenses: The FY 2018 -19 Budget will increase 15.3% from the FY 2017 -18 year end estimate due to an expected reduction in turnover and additional administrative costs supporting the Engineering Department through the Interfund Charge. Overall expenditures will decrease by $1.6 million since FY 2017 -18 saw a many drainage improvement projects funded during that year, using up all available construction funds. EMS Fund Revenue: Revenues for FY 2018 -19 are expected to increase 4.0% from FY 2017 -18 year end estimates. In addition to additional transports increasing revenue, the Inter - Jurisdictional revenues will increase with a 3% rate increase to provide coverage for each community serviced by the City's EMS. Expenses: The FY 2018 -19 Budget will increase 4.5% from the FY 2017 -18 year end estimate with additional personnel and supply costs. Schertz Economic Development Corporation (SEDC) Revenues: The revenue for FY 2018 -19 is projected to increase by 35.9% from the FY 2017 -18 year -end estimate. The increase reflects a 5.8% increase in sales tax from general increases in the economy and a planned transfer from reserves of $1,249,164 for Performance Agreements. Expenses: The expenses for FY 2018 -19 are projected to increase by 145.1%, or $3,403,570, from the FY 2017 -18 year -end estimate to include $4,800,000 in Annual Infrastructure Grants associated with four SEDC Performance Agreements. This increase is partially offset with the removal in debt contributions since the corporation paid off all outstanding debt and the removal of General Fund contributions for permitting software that was made in FY 2017 -18. Public, Educational, and Governmental Access (PEG) Fund Revenue: Revenues for FY 2018 -19 are expected to increase 134.9% from the FY 2017- 18 year end estimates with a $116,009 transfer from reserves to continue the communication master plan. 7 of 282 EXECUTIVE SUMMARY Expenses: The PEG Fund FY 2018 -19 Budget increased $195,000 from the FY 2017- 18 year end estimates with the continued implementation of the communication master plan. Hotel Motel Tax Fund Revenue: Revenue for FY 2018 -19 is expected to increase 7.1 % from the FY 2017 -18 year end estimates with the addition of a new hotel in the city. Expenses: The Hotel Motel Tax Fund FY 2018 -19 Budget decreased 13.0% from FY 2017 -18 year end estimates. FY 2017 -18 included some improvements to the Civic Center which increased the budget higher than it is normally. FY 2018 -19 will decrease back to normal operating amounts. Park Fund Revenue: The revenue for FY 2018 -19 is expected to decrease 53.3% from 2017 -18 year end estimates with an expected reduction in new development to historic averages. As a project based fund, revenues are built up and collected in reserves then spent once they have reached a level to fund new projects. Expenses: The FY 2018 -19 Budget decreases 56.1 % from FY 2017 -18 year end estimates with the completion of the public restrooms at the library playscape. Tree Mitigation Revenue: The revenue for FY 2018 -19 is expected to decrease 30.6% from 2017 -18 year end estimate with an expected reduction in new development to historic averages. As a project based fund, revenues are built up and collected in reserves then spent once they have reached a level to fund new projects. Expenses: The FY 2018 -19 Budget will not change from the FY 2017 -18 year end estimate. The FY 2018 -19 Budget includes shade parks throughout the city. Library Fund Revenues: Revenue for FY 2018 -19 is expected to increase 47.3% from the FY 2017- 18 year end estimate with a transfer from reserves. Expenses: The Library Fund's FY 2018 -19 Budget increased 55.0% from the FY 2017- 18 year end estimates to purchase an additional $10,000 in library materials. Historical Committee Revenues: Revenue for FY 2017 -18 will remain at the same funding allocation as FY 2017 -18. Expenses: The Historical Committee's FY 2018 -19 Budget will remain the as the FY 2017 -18 Budget.1 8 of 282 8 -27 -2018 02:48 PM 101 - GENERAL FUND FINANCIAL SUMMARY C I T Y O F S C H E R T Z PROPOSED BUDGET WORKSHEET AS OF: JUNE 30TH, 2018 PAGE: X X X (-------------- 2017-2018 --------------- )(-------- 2018-2019 -------) 2015 -2016 2016 -2017 CURRENT Y -T -D PROJECTED CITY ADMIN. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET REVENUE SUMMARY Taxes 17,781,462 18,449,210 19,581,110 18,222,897 19,774,050 21,519,002 Franchises 2,151,791 2,213,197 2,229,264 1,657,989 2,245,342 2,373,687 Permits 1,178,391 2,304,765 1,573,356 1,802,674 2,164,230 1,604,320 Licenses 55,657 63,164 51,160 59,080 71,460 56,760 Fees 2,474,121 2,661,261 2,126,546 1,921,480 2,461,676 1,843,973 Fines & Forfeitures 25,739 23,339 20,000 16,789 20,000 22,000 Inter - Jurisdictional 791,549 876,885 873,008 577,401 869,019 967,008 Fund Transfers 1,680,224 2,484,140 4,486,214 2,088,656 3,011,050 2,836,890 Miscellaneous 581,845 513,522 660,400 719,201 882,907 656,550 TOTAL REVENUES 26,720,777 29,589,483 31,601,058 27,066,167 31,499,734 31,880,190 EXPENDITURE SUMMARY GENERAL GOVERNMENT CITY COUNCIL 107,091 93,412 107,152 67,694 86,764 100,959 CITY MANAGER 831,754 1,077,769 1,130,180 1,034,191 1,318,103 1,161,522 MUNICIPAL COURT 341,361 342,228 375,407 279,904 374,340 346,940 CUSTOMER RELATIONS -311 109,464 117,777 117,469 93,776 123,665 121,957 PLANNING & ZONING 158,327 214,454 231,433 170,028 235,015 240,266 LEGAL SERVICES 130,364 150,698 160,000 74,266 138,000 160,000 GENERAL SERVICES 388,808 0 0 0 0 0 CITY SECRETARY 188,700 190,571 194,003 153,810 200,942 207,049 NONDEPARTMENTAL 2,312,517 2,352,849 2,673,762 2,008,000 2,413,089 2,853,931 PUBLIC AFFAIRS 294,498 319,030 318,344 230,618 308,117 644,841 RECORDS MANAGEMENT 60,172 47,680 66,109 47,778 62,107 0 SCHERTZ TALES MAGAZINE 363,697 348,796 395,483 290,821 379,100 0 ENGINEERING 208,652 540,453 659,326 481,824 679,527 739,220 GIS 151,610 163,735 169,488 133,428 175,061 175,311 TOTAL GENERAL GOVERNMENT 5,647,017 5,959,453 6,598,156 5,066,138 6,493,830 6,751,996 PUBLIC SAFETY POLICE 6,297,145 6,870,567 7,515,112 5,527,885 7,269,185 8,355,808 FIRE RESCUE 3,740,607 4,076,531 4,781,609 3,527,136 4,779,350 5,261,613 INSPECTIONS 639,528 811,916 948,947 624,120 940,277 895,579 MARSHAL'S OFFICE 731,166 481,980 490,472 284,965 378,038 0 TOTAL PUBLIC SAFETY 11,408,446 12,240,994 13,736,139 9,964,106 13,366,850 14,513,000 PUBLIC ENVIRONMENT STREETS 1,072,952 1,264,787 1,380,192 898,878 1,373,820 1,474,297 TOTAL PUBLIC ENVIRONMENT 1,072,952 1,264,787 1,380,192 898,878 1,373,820 1,474,297 9 of 282 8-27-2018 02:48 PM 101-GENERAL FUND FINANCIAL SUMMARY 2015-2016 ACTUAL C I T Y 0 F S C H E R T Z PROPOSED BUDGET WORKSHEET AS OF: JUNE 30TH, 2018 -------------- 2017-2018 --------------- 2016-2017 CURRENT Y-T-D ACTUAL BUDGET ACTUAL PROJECTED YEAR END PAGE: XXX -------- 2018-2019 ------- CITY ADMIN. ADOPTED RECOMMENDED BUDGET PARKS & RECREATION PARKS 884,432 970,348 1,100,330 707,703 1,097,878 1,603,030 SWIM POOL 219,224 629,056 693,978 281,567 578,858 639,878 EVENT FACILITIES 133,485 117,289 151,974 86,711 144,232 425,605 TOTAL PARKS & RECREATION 1,237,140 1,716,693 1,946,282 1,075,980 1,820,968 2,668,513 CULTURAL LIBRARY 843,643 904,485 928,598 723,424 956,613 967,904 TOTAL CULTURAL 843,643 904,485 928,598 723,424 956,613 967,904 HEALTH ANIMAL SERVICES 536,235 555,661 620,571 302,536 523,987 500,269 ENVIRONMENTAL HEALTH 0 204,879 280,576 164,166 222,453 0 TOTAL HEALTH 536,235 760,540 901,147 466,701 746,440 500,269 INTERNAL SERVICE INFORMATION TECHNOLOGY 1,310,476 1,544,743 2,167,804 1,332,344 2,002,362 2,312,442 HUMAN RESOURCES 380,470 428,739 474,575 375,408 512,981 611,935 FINANCE 543,898 604,458 636,539 442,019 613,422 672,482 PURCHASING & ASSET MGT 144,318 191,858 250,455 153,587 240,251 226,299 FLEET SERVICE 707,160 695,951 792,133 538,756 788,318 875,043 BUILDING MAINTENANCE 402,276 1,405,157 1,453,183 991,356 1,434,915 1,542,419 TOTAL INTERNAL SERVICE 3,488,598 4,870,908 5,774,689 3,833,469 5,592,250 6,240,620 MISC & PROJECTS CITY'S ASSISTANCE 237,816 298,164 313,872 217,420 313,872 327,666 COURT-RESTRICTED FUNDS 5,324 357 21,983 0 17,820 45,000 TOTAL MISC & PROJECTS 243,140 298,521 335,855 217,420 331,692 372,666 TOTAL EXPENDITURES 24,477,171 28,016,380 31,601,058 22,246,118 30,682,462 33,489,265 REVENUE OVER/(UNDER) EXPENDITURES 2,243,607 1,573,103 0 4,820,049 817,272 ( 1,609,075) 10 of 282 8 -27 -2018 02:48 PM 101 - GENERAL FUND REVENUES C I T Y O F S C H E R T Z PROPOSED BUDGET WORKSHEET AS OF: JUNE 30TH, 2018 PAGE: XXX (-------------- 2017-2018 --------------- )(-------- 2018-2019 -------) 2015 -2016 2016 -2017 CURRENT Y -T -D PROJECTED CITY ADMIN. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET 000 - 458650 NonResident User Fee -BVYA 10,120 000 - 458660 BVYA Utility Reimbursement 10,093 000 - 458670 SYSA Utility Reimbursement 0 000 - 458675 Lions Futbol Utility Reimbrsm 9,704 000 - 458700 Vehicle Impoundment 10,246 000 - 459200 NSF Check Fee 75 000 - 459300 Notary Fee 186 000 - 459400 Maps,Copies,UDC & Misc Fees 60 000 - 459600 Animal Adoption Fee 12,483 000 - 459700 Pet Impoundment Fee 11,128 000 - 459800 Police Reports Fee 5,577 000 - 459990 Fire - False Alarm Fee 0 TOTAL Fees 2,474,121 8,451 10,000 9,090 9,090 10,000 26,160 15,000 13,296 20,000 15,000 0 0 5,465 6,000 15,000 9,376 10,000 2,344 10,000 10,000 9,860 10,000 8,070 11,340 10,000 50 250 25 100 100 126 250 90 150 200 40 250 25 50 0 18,581 12,500 12,913 17,000 12,500 6,267 7,000 4,797 7,000 6,300 6,019 5,800 4,386 5,482 5,800 4,500 0 0 0 0 2,661,261 2,126,546 1,921,480 2,461,676 1,843,973 Fines & Forfeitures 000 - 463000 Library Fines 25,739 23,339 20,000 16,789 20,000 22,000 TOTAL Fines & Forfeitures 25,739 23,339 20,000 16,789 20,000 22,000 Inter - Jurisdictional 000 - 473100 Bexar Co - Fire 10,258 21,078 21,077 21,078 21,078 21,077 000 - 473200 City of Seguin -Fire Contract 28,110 29,231 29,231 21,923 29,231 29,231 000 - 473300 Guadalupe Co- Library 211,954 217,152 218,000 144,768 217,152 218,000 000 - 473400 Randolph AFB- Animal Control 2,100 1,200 1,200 200 1,200 1,200 000 - 474200 Library Services - Cibolo 35,000 35,000 35,000 35,002 35,000 35,000 000 - 474210 Library Services -Selma 31,540 31,540 20,000 21,750 21,750 22,000 000 - 474400 Dispatch Service - Cibolo 160,026 160,000 166,000 120,000 166,000 166,000 000 - 474600 School Crossing Guard - Bexar C 37,488 37,806 38,000 33,059 36,696 38,000 000 - 474610 School Cross Guard - Guadalupe 39,340 38,879 38,000 33,362 35,912 38,500 000 - 474620 School Crossing Guards - Coma 1,566 0 1,500 0 0 0 000 - 474700 School Officer Funding 184,167 255,000 255,000 127,500 255,000 348,000 000 - 474750 Crime Victim Liaison Agreemen 50,000 50,000 50,000 18,760 50,000 50,000 TOTAL Inter- Jurisdictional 791,549 876,885 873,008 577,401 869,019 967,008 Fund Transfers 000 - 480000 Indirect Costs -EMS 150,308 150,087 170,087 127,565 170,087 175,587 000 - 480100 Indirect Costs -Hotel /Motel 66,405 66,405 67,605 49,804 67,605 67,582 000 - 481000 Transfer In - Reserves 0 0 1,473,564 0 0 0 000 - 482100 Transfer In- Reserves -Ct Tech 0 0 0 0 0 26,207 000 - 485000 Interfund Charges- Drainage -5% 54,150 184,425 271,430 203,572 271,430 295,157 000 - 486000 Interfund Chrges -Admin W &S 1,152,350 1,186,812 1,344,140 1,008,105 1,344,140 1,365,998 000 - 486202 Transfer In- Water &Sewer Fund 0 0 0 0 0 4,000 000 - 486203 Transfer In -EMS 0 0 0 0 0 4,000 000 - 486204 Transfer In- Drainage 0 0 0 0 0 1,000 000 - 486402 Transfer from City Wide Projt 23 0 0 0 0 0 000 - 487000 Interfund Charges -Fleet 206,965 397,581 344,026 258,215 344,026 370,729 000 - 488000 Interfund Charges -4B 50,024 430,445 441,395 441,395 441,395 456,630 000 - 489000 Transfer In 0 68,385 108,967 0 107,367 70,000 000 - 489620 Contribution -SEDC 0 0 265,000 0 265,000 0 TOTAL Fund Transfers 1,680,224 2,484,140 4,486,214 2,088,656 3,011,050 2,836,890 Miscellaneous 13 of 282 8 -27 -2018 02:48 PM 101 - GENERAL FUND REVENUES C I T Y O F S C H E R T Z PROPOSED BUDGET WORKSHEET AS OF: JUNE 30TH, 2018 PAGE: YM (-------------- 2017-2018 --------------- )(-------- 2018 -2019 -------) 2015 -2016 2016 -2017 CURRENT Y -T -D PROJECTED CITY ADMIN. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET 000 - 491000 Interest Earned 787 4,707 1,500 21,003 26,000 35,000 000 - 491200 Investment Income 74,650 136,001 150,000 167,013 180,000 200,000 000 - 491800 Gain /Loss ( 27,798) ( 1,421) 0 ( 16,042) ( 4,691) 0 000 - 491900 Unrealized Gain /Loss - Capone 11,003 ( 11,305) ( 30,000) ( 9) ( 20,000) 0 000 - 493000 Donations- Others 0 0 0 20 0 0 000 - 493120 Donations - Public Library 2,249 4,044 7,500 5,831 7,500 10,000 000 - 493400 Donations - Animal Control 211 18,191 15,000 12,296 15,000 15,000 000 - 493401 Donations -A /C Microchip 1,980 640 1,000 495 800 1,000 000 - 493402 Donations- Spay &Neuter 13,654 810 1,000 87 250 1,000 000 - 493403 Donation -A.S Adoption Trailer 2,222 552 0 0 0 0 000 - 493404 Donations -TNR Program 600 0 500 0 0 500 000 - 493460 Donations- Parks 0 13,741 0 10,825 12,000 10,000 000 - 493465 Donations- Senior Center 9,644 10,572 0 8,233 12,000 10,000 000 - 493502 Donations -PD 5,300 4,222 0 28,599 28,599 0 000 - 493503 Donation -Fire Rescue 0 9,541 0 15,350 15,350 0 000 - 493618 Donation - Veteran's Memorial 5,501 0 0 0 0 0 000 - 494481 LawEnforcemtOfficersStnd &Educ 3,851 3,679 3,650 3,823 3,823 3,650 000 - 494482 Grants - Police, Fire, Gen Fund 5,132 4,892 5,000 1,474 2,970 3,000 000 - 495100 Mobile Stage Rental Fees 2,100 1,550 0 2,100 2,100 2,100 000 - 497000 Misc Income -Gen Fund 55,367 ( 25,323) 30,000 68,703 80,000 45,000 000 - 497005 Schertz Magazine Advertising 196,500 186,000 195,000 108,055 143,665 140,000 000 - 497100 Misc Income- Police 18,494 17,866 18,500 4,367 4,750 3,800 000 - 497150 Misc Income -Fire Department 0 1,750 0 970 1,000 0 000 - 497200 Misc Income - Library 4,950 4,965 5,000 3,855 5,000 4,500 000 - 497210 Misc Income- Library Copier 20,194 18,187 18,000 14,220 18,000 18,000 000 - 497300 Misc Income - Animal Control 400 390 0 299 400 0 000 - 497400 Misc Income- Streets Dept 44,730 51,735 60,000 22,504 25,000 60,000 000 - 497500 Misc Income -TML Ins. Claims 4,088 9,252 10,000 33,051 40,000 20,000 000 - 497550 Misc Income -TML WC Reimbursmn 11,829 11,957 20,000 1,471 5,000 15,000 000 - 497600 Misc Income- Vending Mach 2,317 2,257 2,500 1,786 2,500 2,500 000 - 497610 Misc Income -Muni Court 0 0 0 2,036 2,036 0 000 - 498000 Reimbursmnt -Gen Fund 44,867 20,359 35,000 8,355 12,000 20,000 000 - 498100 Reimburmnt Fire- Training 6,017 7 500 0 500 500 000 - 498105 Reimbursmt Police OT -DEA 5,637 5,764 5,000 2,629 5,000 0 000 - 498107 Reimbrsmnt- Police OT- Events 3,500 0 0 0 0 0 000 - 498110 Reimburmnt Fire -Emg Acti -OT 51,868 3,267 100,000 179,446 250,000 30,000 000 - 498150 Reimbursement - Library 0 4,673 5,750 6,355 6,355 6,000 TOTAL Miscellaneous 581,845 513,522 660,400 719,201 882,907 656,550 TOTAL REVENUES 26,720,777 29,589,483 31,601,058 27,066,167 31,499,734 31,880,190 ---- -- -- --- ----- ------ ---- - - - ---- -- --- ---- -- --- --- -- --- - ----- --- --- ------- ----- ----------- ----- - - - - -- ----- - - - - -- ----- - - - - -- ----- - - - - -- ------ - - - - -- ------ - - - - -- 14 of 282 DEPARTMENT: • NON-DEPARTMENTAL 101 GENERAL DEPARTMENT DESCRIPTION This department accounts for expenses and payments that are not specific to an individual function /department. Items in this department include audit cost, city insurance, appraisal district contracts, and emergency medical services. City Support Services 2016 -17 2017 -18 2018 -19 Budget Actual Estimated Budget City Support Services $378,333 $394,480 $726,966 Operations Support 153,601 159,227 163,500 Staff Support 166 320 250 City Assistance 1,711,329 $1,705,944 1,844,730 Professional Services 71,974 59,385 51,235 Fund Charges /Transfers 37,447 93,733 67,250 Total $2,352,849 $2,413,089 $2,853,931 The FY 2018 -19 Budget will increase 18.3% from FY 2017 -18 year end projections by increasing City Support Services to set contingencies to the starting value of $300,000 and increasing the County Appraisal District costs due to a rising population. 49 of 282 8 -27 -2018 02:48 PM 101 - GENERAL FUND GENERAL GOVERNMENT EXPENDITURES C I T Y O F S C H E R T Z PROPOSED BUDGET WORKSHEET AS OF: JUNE 30TH, 2018 PAGE: X u X (--- --- -- --- --- 2017-2018 --------------- )(-------- 2018 -2019 - ----- -) 2015 -2016 2016 -2017 CURRENT Y -T -D PROJECTED CITY ADMIN. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET NONDEPARTMENTAL --------- - - - - -- --------------- 194,852 Supplies 194,852 228,966 City Support Services 16,000 167 - 532200 County Appraisal District 174,041 167 - 532210 Tax Assessor /Collector- Sevice 8,398 167 - 532500 City Insurance - Commercial 144,007 167 - 532900 Contingencies 2,968 167 - 532901 Contingencies - Personnel 0 TOTAL City Support Services 329,414 Utility Services 378,333 Operations Support 394,480 167 - 534000 Postage 10,443 167 - 534300 Equipment Maint - Copiers 127,783 167- 534500 Memberships - Organizations 7,500 167 - 534810 Electronic Filing Services 0 167 - 534999 Misc. Expense 0 TOTAL Operations Support 145,726 Staff Support 417,244 167 - 535500 Training /Travel 9,915 167 - 535510 Meeting Expenses 250 TOTAL Staff Support 10,165 City Assistance 1,566,862 167 - 537100 Medical Services -EMS Contract 479,641 167 - 537450 Tax Reimbursements /Abatements 1,182,246 TOTAL City Assistance 1,661,887 Professional Services 0 167 - 541300 Other Consl /Prof Services 5,375 167 - 541400 Auditor /Accounting Service 15,000 167 - 541500 State /County Admin Fees 35 167 - 541600 Misc Bank Charges 424 167- 541650 Investment Management Fee 3,382 167 - 541800 Credit Card Service Fee 39,562 167 - 541810 Credit Cards Fees - AMEX 0 TOTAL Professional Services 63,778 204,082 194,852 109,406 194,852 228,966 0 16,000 0 16,000 18,000 170,251 175,000 174,466 180,000 180,000 3,999 53,430 3,628 3,628 200,000 0 199,730 0 0 100,000 378,333 639,012 287,500 394,480 726,966 10,517 12,000 1,772 10,500 11,000 136,049 130,000 95,227 136,000 140,000 7,500 7,500 7,500 7,500 7,500 ( 465) 5,000 413 5,000 5,000 0 0 227 227 0 153,601 154,500 105,138 159,227 163,500 166 320 80 320 250 0 0 0 0 0 166 320 80 320 250 504,084 556,325 417,244 556,325 581,537 1,207,245 1,185,237 1,149,619 1,149,619 1,263,193 1,711,329 1,741,562 1,566,862 1,705,944 1,844,730 8,155 0 0 0 0 18,000 0 0 0 0 35 35 35 35 35 656 600 466 750 600 3,395 0 2,548 0 0 41,733 44,000 42,637 54,600 48,000 0 0 2,734 4,000 2,600 71,974 44,635 48,419 59,385 51,235 50 of 282 8-27-2018 02:48 PM C I T Y 0 F S C H E R T Z PAGE: X1XX PROPOSED BUDGET WORKSHEET 101-GENERAL FUND AS OF: JUNE 30TH, 2018 GENERAL GOVERNMENT EXPENDITURES -------------- 2017-2018 --------------- )( -------- 2018-2019 ------- 2015-2016 2016-2017 CURRENT Y-T-D PROJECTED CITY ADMIN. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET Fund Charges/Transfers 167-548000 Transfer Out 60,000 0 18,183 0 18,183 0 167-548106 Transfer Out- Special Events 39,674 37,447 64,800 0 64,800 56,500 167-548615 Transfer Out - Hist. Committe 0 0 10,750 0 10,750 10,750 TOTAL Fund Charges/Transfers 99,674 37,447 93,733 0 93,733 67,250 Operating Equipment 167-571500 Operating Equipment 1,874 0 0 0 0 0 TOTAL Operating Equipment 1,874 0 0 0 0 0 Capital Outlay TOTAL NONDEPARTMENTAL 2,312,517 2,352,849 2,673,762 2,008,000 2,413,089 2,853,931 51 of 282 DEPARTMENT: 866 HUMAN RESOURCES FUND: 101 GENERAL FUND DEPARTMENT DESCRIPTION The Human Resources Department provides services and support in the areas of recruitment, selection, staffing, benefits administration, labor law compliance, performance management, employee development and relations, health and wellness, and policy administration. GOALS AND OBJECTIVES • Deliver HR services, programs, and communications that add value for our prospective employees and current employees. • Compete for top talent with effective recruitment strategies and an efficient recruitment processes. • Improve employee retention by leading efforts for adoption of strategies which promote a diverse workforce and create a great work climate. • Support the talent development of our employees through professional and career development. • Administer HR policy and programs effectively and efficiently, while maintaining internal customer satisfaction and meeting budget constraints. • Ensure our compensation and performance management processes are designed and executed to align and maximize our people's performance with the goals of the organization. 139 of 282 HUMAN RESOURCES HUMAN RESOURCES 2016 -17 2017 -18 2018 -19 Director 1 1 1 HR Manger 1 1 1 Senior Generalist 1 1 1 Generalist 1 1 1 Administrative Assistant 1 1 1 TOTAL POSITIONS 5 5 5 140 of 282 HUMAN RESOURCES Total No. of Employees (Avg.) 2016 -17 2017 -18 2018 -19 Workload/Output Measures Actual Estimate Budget Total No. of Employees (Avg.) 350 376 380 # Full Time Employees (Avg.) 310 323 330 Job Announcements Posted 37 59 65 # Applications received 2,413 3,104 3,500 # Full Time Positions Filled 50 60 70 # Part Time Positions Filled 25 17 25 # Total Turnover 64 53 55 # Full Time Turnover 50 43 45 # Part Time Turnover 14 10 15 # Retirements 12 4 8 # FMLA Claims 40 35 40 # General Training Courses 8 12 10 # of tuition reimbursements 9 11 10 Personnel 2016 -17 2017 -18 2018 -19 Budget Actual Estimate Budget Personnel $332,663 $402,275 $424,635 Supplies 926 972 700 Human Services 52,825 67,446 74,500 City Support Services 311 204 0 Utility Services 0 456 0 Operations Support 6,941 10,114 9,000 Staff Support 14,672 11,265 36,500 City Assistance 9,730 10,000 10,000 Professional Services 9,437 9,600 54,600 Operating Equipment 1,235 650 2,000 Total $428,739 $512,981 $611,935 PROGRAM JUSTIFICATION AND ANALYSIS The FY 2018 -19 Budget will increase 19.3% from the FY 2017 -18 year end estimate for a formal employee compensation study conducted by a third party and transferring existing budget for Employee Appreciation Events from the Special Events Fund to Staff Support. 141 of 282 8 -27 -2018 02:48 PM 101 - GENERAL FUND INTERNAL SERVICE EXPENDITURES C I T Y O F S C H E R T Z PROPOSED BUDGET WORKSHEET AS OF: JUNE 30TH, 2018 PAGE: X.'3' X (-------------- 2017-2018 --------------- )(-------- 2018-2019 -------) 2015 -2016 2016 -2017 CURRENT Y -T -D PROJECTED CITY ADMIN. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET HUMAN RESOURCES --------- - - - - -- --------------- Personnel Services 866 - 511110 Regular 194,519 225,228 233,738 216,781 282,939 288,386 866 - 511120 Overtime 0 39 1,649 1,584 1,584 340 866 - 511180 LTD 605 616 725 687 877 894 866 - 511210 Longevity 3,542 4,746 3,959 3,959 3,959 5,558 866 - 511310 FICA - Employer 14,817 16,116 18,279 16,444 22,069 22,500 866 - 511350 TMRS - Employer 32,111 34,881 38,266 35,653 46,200 47,515 866 - 511410 Health - Employer 22,706 27,890 36,481 26,548 33,875 38,906 866 - 511500 Workers' Compensation 338 524 378 378 378 536 866 - 511600 Unemployment Compensation 6,024 22,624 16,000 5,423 10,394 20,000 TOTAL Personnel Services 274,663 332,663 349,475 307,457 402,275 424,635 Supplies 866 - 521100 Office Supplies 990 926 1,000 524 972 700 TOTAL Supplies 990 926 1,000 524 972 700 Human Services 866 - 531100 Pre - employment Check 3,579 4,037 7,000 3,667 4,000 4,000 866 - 531150 Interview Expenses 3,388 2,432 3,000 2,531 3,000 3,000 866 - 531200 Medical Co -pay 2,890 2,625 3,000 825 2,800 3,000 866 - 531300 Employee Assistance 21,125 21,533 23,000 14,429 23,000 23,000 866 - 531400 Tuition Reimbursement 9,519 6,067 15,000 6,388 10,000 15,000 866 - 531500 Employee Wellness Program 6,626 4,713 7,000 2,081 5,285 7,000 866 - 531600 Training Classes 3,827 11,418 18,500 8,466 19,360 19,500 TOTAL Human Services 50,953 52,825 76,500 38,387 67,446 74,500 City Support Services 866 - 532400 Computer Fees & Licenses 0 311 204 204 204 0 TOTAL City Support Services 0 311 204 204 204 0 Utility Services 866 - 533320 Telepohne /Air Card 0 0 456 342 456 0 TOTAL Utility Services 0 0 456 342 456 0 Operations Support 866 - 534000 Postage 0 60 0 0 0 0 866 - 534100 Advertising 6,284 5,642 5,000 931 4,000 6,000 866 - 534200 Printing & Binding 1,636 1,239 2,340 1,261 2,000 3,000 866 - 534800 Temporary Empl. Services 0 0 0 4,114 4,114 0 TOTAL Operations Support 7,920 6,941 7,340 6,306 10,114 9,000 142 of 282 8 -27 -2018 02:48 PM 101 - GENERAL FUND INTERNAL SERVICE EXPENDITURES C I T Y O F S C H E R T Z PROPOSED BUDGET WORKSHEET AS OF: JUNE 30TH, 2018 PAGE :X) a (-------------- 2017-2018 --------------- )(-------- 2018-2019 -------) 2015 -2016 2016 -2017 CURRENT Y -T -D PROJECTED CITY ADMIN. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET Staff Support 500 866 - 535100 Uniforms 180 866 - 535210 Employee Recognition - Morale 8,506 866 - 535300 Memberships 2,091 866 - 535400 Publications 1,797 866 - 535500 Training /Travel 5,129 TOTAL Staff Support 17,703 City Assistance 1,412 866 - 537100 Medical Services 16,150 TOTAL City Assistance 16,150 Professional Services 5,000 866 - 541300 Other Consl /Prof Services 10,316 TOTAL Professional Services 10,316 Operating Equipment 7,515 866 - 571000 Furniture & Fixtures 1,000 866 - 571300 Computer & Periphe. < $5000 775 TOTAL Operating Equipment 1,775 TOTAL HUMAN RESOURCES 380,470 249 500 261 500 500 5,679 5,000 3,818 2,265 26,500 1,265 2,500 1,395 2,500 2,500 1,412 2,000 450 1,000 2,000 6,068 5,000 1,590 5,000 5,000 14,672 15,000 7,515 11,265 36,500 9,730 14,000 7,745 10,000 10,000 9,730 14,000 7,745 10,000 10,000 9,437 9,600 6,928 9,600 54,600 9,437 9,600 6,928 9,600 54,600 1,198 1,000 0 650 500 37 0 0 0 1,500 1,235 1,000 0 650 2,000 428,739 474,575 143 of 282 375,408 512,981 611,935 FUND: 106 SPECIAL EVENTS DESCRIPTION The Special Events Fund is designated to monitor and manage funds appropriated to host community events, sponsored or co- sponsored, by the City of Schertz. Events include: Jubilee, SchertzQ, Wilenchik Walk for Life, Trunk -or- Treat, Festival of Angels, Movin on Main and the Sweetheart Court Scholarship program. Revenues Fund Transfers $43,058 $73,800 $56,500 Miscellaneous 104,491 90,267 100,260 Total $148,019 $164,067 $156,760 Expenses Non Departmental 2016 -17 2017 -18 1 2018 -19 Budget Actual Estimate I Budget Revenues Fund Transfers $43,058 $73,800 $56,500 Miscellaneous 104,491 90,267 100,260 Total $148,019 $164,067 $156,760 Expenses Non Departmental $2,909 $0 $0 Festival of Angels 10,913 10,566 14,000 Employee Appreciation 11,621 13,000 0 Jubilee 23,533 25,130 26,000 National Night Out 270 400 500 Walk for Life 12,620 10,594 15,000 SchertzQ /Fest 23,779 30,000 30,000 Sweetheart Court Program 23,207 25,250 24,000 Hal Baldwin Scholarship 14,055 13,545 15,510 Other Events 10,377 18,500 31,500 Total $133,284 $146,985 $156,510 PROGRAM JUSTIFICATION AND ANALYSIS Revenue: The revenue for FY 2018 -19 is expected to decrease 4.5% from FY 2017 -18 year end estimates for with the removal of transfers for employee appreciation events. Expenses: The Special Events Fund FY 2018 -19 Budget increased 6.5% from the FY 2017 -18 year end estimates. This increase is for new events such as a Daddy Daughter Dance, a Kickball League, and a Dodgeball League which are offset by registration and ticket fees. Employee appreciation events will now be in Human Resources' budget. 175 of 282 8 -27 -2018 03:03 PM C I T Y O F S C H E R T Z PROPOSED BUDGET WORKSHEET 106 - SPECIAL EVENTS FUND AS OF: JUNE 30TH, 2018 FINANCIAL SUMMARY REVENUE SUMMARY Fund Transfers Miscellaneous TOTAL REVENUES EXPENDITURE SUMMARY GENERAL GOVERNMENT NON DEPARTMENTAL TOTAL GENERAL GOVERNMENT CULTURAL FESTIVAL OF ANGELS EMPLOYEE APPRECIATION EV 4th OF JULY JUBILEE NATIONAL NIGHT OUT WALK FOR LIFE SCHERTZ FEST SWEETHEART EVENT HAL BALDWIN SCHOLARSHIP OTHER EVENTS TOTAL CULTURAL TOTAL EXPENDITURES REVENUE OVER /(UNDER) EXPENDITURES PAGE: XXX (-------------- 2017-2018 --------------- )(-------- 2018-2019 -------) 2015 -2016 2016 -2017 CURRENT Y -T -D PROJECTED CITY ADMIN. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET 42,669 43,058 73,800 0 73,800 56,500 33,169 104,961 96,400 60,728 90,267 100,260 75,838 148,019 170,200 60,728 164,067 156,760 3,836 2,909 0 0 0 0 3,836 2,909 0 0 0 0 11,872 10,913 12,924 10,566 10,566 14,000 4,327 11,621 13,000 12,004 13,000 0 0 23,533 26,076 143 25,130 26,000 224 270 400 0 400 500 14,513 12,620 20,000 3,410 10,594 15,000 0 23,779 30,000 654 30,000 30,000 18,643 23,207 31,250 12,482 25,250 24,000 14,255 14,055 15,050 13,538 13,545 15,510 5,978 10,377 21,500 16,716 18,500 31,500 69,812 130,375 170,200 69,512 146,985 156,510 73,648 133,284 170,200 69,512 146,985 156,510 2,190 ----- - - - - -- ----------- 14,735 ----- - - - - -- ----- - - - - -- 0 ( ----- - - - - -- ----- ----- - - - - -- ----- 8,784) - - - - -- ----- - - - - -- ----- 17,082 - - - - -- ------ - - - - -- ------ 250 - - - - -- ------ - - - - -- - - - - -- ------ - - - - -- 176 of 282 8-27-2018 03:03 PM C I T Y 0 F S C H E R T Z PAGE: XXX PROPOSED BUDGET WORKSHEET 106-SPECIAL EVENTS FUND AS OF: JUNE 30TH, 2018 REVENUES ( -------------- 2017-2018 --------------- )( -------- 2018-2019 ------- 2015-2016 2016-2017 CURRENT Y-T-D PROJECTED CITY ADMIN. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET Fees Fund Transfers 000-486100 Transfer In 2,996 000-486101 Transfer In-General Fund 39,674 TOTAL Fund Transfers 42,669 Miscellaneous 56,500 000-491200 Investment Income 86 000-492200 Wilenchik Walk for Life 14,513 000-493000 July 4th Activities 0 000-493150 SchertzQ 0 000-493256 Donations - Police Events 0 000-493455 Proceeds-Festival of Angels 720 000-493460 Schertz Sweetheart 1,240 000-493470 Moving on Main 0 000-493621 Hal Baldwin Scholarship 16,360 000-497000 Misc Income - Special Events 250 TOTAL Miscellaneous 33,169 TOTAL REVENUES 75,838 5,612 9,000 0 9,000 0 37,447 64,800 0 64,800 56,500 43,058 73,800 0 73,800 56,500 175 150 215 250 250 12,620 20,000 10,525 10,594 15,000 27,386 26,000 22,125 22,440 26,000 26,994 30,000 200 30,000 30,000 0 3,000 0 0 3,000 5,615 700 1,305 1,305 1,500 1,705 1,500 21) 21) 0 0 0 680 5,594 3,000 28,465 15,050 20,105 20,105 15,510 2,000 0 5,594 0 6,000 104,961 96,400 60,728 90,267 100,260 148,019 170,200 60,728 164,067 156,760 177 of 282 FUND: 620 CITY OF SCHERTZ ECONOMIC DEVELOPMENT MISSION STATEMENT The mission of the City of Schertz Economic Development Corporation (SEDC) is to grow the Schertz economy through Projects. Specifically, we pursue Projects that focus on the creation /retention of Primary Jobs and infrastructure improvements. ORGANIZATIONAL CHART 239 of 282 ECONOMIC DEVELOPMENT ECONOMIC DEVELOPMENT 2016 -17 2017 -18 2018 -19 Executive Director 1 1 1 Business Retention Manager 0 1 1 Economic Development Analyst 1 1 1 Economic Development Specialist 1 0 0 Executive Assistant 1 1 1 TOTAL POSITIONS 1 41 41 4 W4 N T, F_1 Z, [d:a1 Z 17[OLIN ti] j 2016 -17 2017 -18 2018 -19 Workload /Output Actual Estimate Budget Number of inquiries Number of Schertz BRE visits Number of recruitment events Number of new prospects Number of active performance agreements 107 115 125 42 40 48 15 15 15 38 50 55 7 13 13 Revenue Taxes $3,620,930 $4,010,000 $4,242,580 Fund Transfers 0 0 1,249,164 Miscellaneous 125,682 219,697 258,000 Total $3,746,612 $4,229,697 $5,749,744 Expenses Supplies 2016 -17 2017 -18 2018 -19 Budget Actual Estimate Budget Revenue Taxes $3,620,930 $4,010,000 $4,242,580 Fund Transfers 0 0 1,249,164 Miscellaneous 125,682 219,697 258,000 Total $3,746,612 $4,229,697 $5,749,744 Expenses Supplies 415 759 750 Human Services 390 0 0 City Support Services 5,654 7,700 21,300 Utility Services 2,387 3,870 3,720 Operations Support 63,855 117,500 122,500 Staff Support 14,846 19,400 21,400 City Assistance 1,051 1,042,500 252,500 Professional Services 20,354 81,300 66,300 240 of 282 ECONOMIC DEVELOPMENT Fund Charges /Transfers Maintenance Services Operating Equipment Total Economic Development Annual and Infrastructure Grants Total Schertz Economic Development 792,078 0 3,341 $904,371 0 $904,371 PROGRAM JUSTIFICATION AND ANALYSIS Revenues 1,067,945 1,000 4,200 $2,346,174 0 $2,346,174 457,574 1,000 2,700 $949,744 4,800,000 $5,749,744 The SEDC receives one -half of one percent of all sales and use tax generated within the City of Schertz. The revenue for FY 2018 -19 is projected to increase by 35.9% from the FY 2017 -18 year -end estimate. The increase reflects a 5.8% increase in sales tax revenue, $258,000 in investment income, and transfer from reserves of $1,249,164 for Performance Agreements. Expenses The SEDC funds are restricted to those expenses that are authorized in the Texas Local Government Code sections 501 and 505. The SEDC expenses for FY 2018- 19 are projected to increase by 145.1 % or $3,403,570 from the FY 2017 -18 year- end estimate. The Projects fund includes $4,800,000 that will be used to pay for Annual and Infrastructure Grants that are associated with four SEDC Performance Agreements. The City Support Services fund increased by $3,600 to reflect additions to our Business Retention and Expansion program. The money will be used to add new job fairs and industry roundtables. The Operations Support fund increased by $5,000. The new money will be used to pay for real estate tracking software, printing and binding, and promotional material that will be used to promote the City of Schertz. The Staff Support fund increased by $2,000. The new money will be used to pay for staff training and certifications. The City Assistance fund has primarily been used to pay for grants associated with SEDC performance agreement. These funds, with the exception of the Small Business Grant fund, have been moved to the Projects fund and will be added to the budget as new performance agreement are authorized. For the FY 2018 -19 241 of 282 ECONOMIC DEVELOPMENT budget, $250,000 has been allocated to the Small Business Grant which are awarded on a case-by-case basis to qualifying Schertz small businesses. The prospect services fund has decreased by $2,500 to reflect average annual expenditures. The Professional Services fund decreased by $15,000. The decrease is a result of a one-time expenditure for a manufacturing impact study that occurred during the FY 2017-18. The Fund Charges/Transfer fund decreased by $610,534. The decrease is a result of a one-time expenditure for development software that occurred during the FY 2017-18 and the elimination of debt payments for previous SEDC Projects. $456,630 has been allocated for the Professional Services Agreement where the SEDC pays the City of Schertz for administrative and support services. The other funds had minimal or no changes. 242 of 282 8-27-2018 03:14 PM 620-SED CORPORATION FINANCIAL SUMMARY REVENUE SUMMARY Taxes Fund Transfers Miscellaneous TOTAL REVENUES EXPENDITURE SUMMARY GENERAL GOVERNMENT NON DEPARTMENTAL TOTAL GENERAL GOVERNMENT MISC & PROJECTS PROJECTS ECONOMIC DEVELOPMENT TOTAL MISC & PROJECTS TOTAL EXPENDITURES REVENUE OVER/(UNDER) EXPENDITURES C I T Y 0 F S C H E R T Z PAGE: XXX PROPOSED BUDGET WORKSHEET AS OF: JUNE 30TH, 2018 ( -------------- 2017-2018 --------------- )( -------- 2018-2019 ------- 2015-2016 2016-2017 CURRENT Y-T-D PROJECTED CITY ADMIN. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET 3,660,101 3,620,930 3,962,572 3,153,311 4,010,000 4,242,580 0 0 225,000 0 0 1,249,164 52,547 125,682 120,301 182,940 219,697 258,000 3,712,648 3,746,612 4,307,873 3,336,251 4,229,697 5,749,744 0 0 0 0 0 4,800,000 0 0 0 0 0 4,800,000 221,673 0 0 0 0 0 1,085,542 904,371 2,434,865 1,317,142 2,346,174 949,744 1,307,215 904,371 2,434,865 1,317,142 2,346,174 949,744 1,307,215 904,371 2,434,865 1,317,142 2,346,174 5,749,744 2,405,433 2,842,240 1,873,008 2,019,110 1,883,523 0 243 of 282 8-27-2018 03:14 PM C I T Y 0 F S C H E R T Z PAGE: XXX PROPOSED BUDGET WORKSHEET 620-SED CORPORATION AS OF: JUNE 30TH, 2018 REVENUES Taxes 000-411500 Sales Tax Revenue (4B) TOTAL Taxes Fund Transfers 000-486010 Transfer In-Reserves TOTAL Fund Transfers Miscellaneous 000-491000 Interest Earned-Bank 000-491200 Investment Income 000-497000 Misc Income TOTAL Miscellaneous TOTAL REVENUES ( -------------- 2017-2018 --------------- )( -------- 2018-2019 ------- 2015-2016 2016-2017 CURRENT Y-T-D PROJECTED CITY ADMIN. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET 3,660,101 3,620,930 3,962,572 3,153,311 4,010,000 4,242,580 _4,242,580 3,660,101 3,620,930 3,962,572 3,153,311 4,010,000 0 0 225,000 0 0 1,249,164 0 0 225,000 0 0 1,249,164 375 960 300 4,869 5,000 8,000 52,171 124,722 120,000 178,374 215,000 250,000 0 0) 1 303) 303) 0 52,547 125,682 120,301 182,940 219,697 258,000 3,712,648 3,746,612 4,307,873 3,336,251 4,229,697 5,749,744 244 of 282 8e7-2018 03.14em czr, 0 ocuE RzZ eAGE.XXX PROPOSED BUDGET WORKSHEET 620-oao ouapnaurzow AS OF: JUNE ooTo, cozo oomEnuL omEammomz EXpomozrvnoa (---------- 2017-2018 ---------->(----- 2018-2019 ------> 2015-2016 2016-2017 onamEmr ,-T-o PRmamorEo ozzr uom,m. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET NON omrAazmEmzAz Supplies Services Utility Operations Suppo t City Assistance mz-,z,000 Development Incentive Fund 0 0 0 0 0 4^800,000 TOTAL city Assistance o o o o o «.000'000 Professional Services Fund Charges/Transfers Maintenance Services ����° ����inn Capital Outlay TOTAL NON DEPARTMENTAL o u o o u «.mm'mm 245 of 282 8-27-2018 03:14 PM C I T Y 0 F S C H E R T Z PAGE: XXX PROPOSED BUDGET WORKSHEET 620-SED CORPORATION AS OF: JUNE 30TH, 2018 MISC & PROJECTS EXPENDITURES -------------- 2017-2018 --------------- -------- 2018-2019 ------- 2015-2016 2016-2017 CURRENT Y-T-D PROJECTED CITY ADMIN. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET SCHWAB RD PROJECT ----------------- ----------------- Maintenance Services TOTAL MISC & PROJECTS 1,307,215 904,371 2,434,865 1,317,142 2,346,174 949,744 TOTAL EXPENDITURES 1,307,215 904,371 2,434,865 1,317,142 2,346,174 5,749,744 250 of 282 FUND: 314 HOTEL /MOTEL OCCUPANCY TAX DESCRIPTION Revenues for the Hotel /Motel Fund are derived from a 7% tax on rooms rented in the City. There are four hotels in Schertz; the Best Western Plus with 61 rooms, Hampton Inn with 98 rooms, La Quinta with 81 rooms and Fairfield Inn with 118 rooms. These revenues are used to support Schertz as a destination location. Advertising campaigns to increase awareness of all Schertz has to offer reach citizens all across the State and beyond. 2016 -17 2017 -18 2018 -19 Budget Actual Estimate Budget Revenue Taxes $499,466 $470,000 $500,000 Miscellaneous 12,295 22,800 28,000 Total $511,761 $492,800 $528,000 Expenses City Support Services $84,605 $110,000 $110,650 Operations Support 36,428 40,700 65,500 Professional Services 3,000 3,000 3,000 Fund Charges /Transfers 66,405 67,605 67,582 Building Maintenance 3,512 10,000 10,000 Capital Outlay 0 63,806 0 Total $193,950 $295,111 $256,732 PROGRAM JUSTIFICATION AND ANALYSIS Revenue: Revenue for FY 2018 -19 is expected to increase 7.1% from the FY 2017 -18 year end estimates with the addition of a new hotel in the city. Expenses: The Hotel Motel Tax Fund FY 2018 -19 Budget decreased 13.0% from FY 2017 -18 year end estimates. FY 2017 -18 included some improvements to the Civic Center which increased the budget higher than it is normally. FY 2018 -19 will decrease back to normal operating amounts. 257 of 282 FUND: 615 HISTORICAL COMMITTEE MISSION STATEMENT To gather, preserve, and make available to the public historical information regarding people, places, and events that have contributed to the development of the City of Schertz. 01 :412 ffou This function is funded from the Special Events Fund by a transfer. The Historical Committee reviews locations for possible historic value and distributes books about the history of Schertz. j 2016 -17 2017 -18 2018 -19 Budget ; Actual Estimate Budget Revenue Fees $499 $450 $1,000 Fund Transfers 2,909 5,000 10,750 Total $3,408 $5,450 $11,750 Expenses Supplies 771 704 1,500 Operations Support 0 0 500 Staff Support 140 0 5,150 Professional Services 1,500 1,650 1,600 Operating Equipment 498 2,646 3,000 Total $2,909 $5,000 $11,750 PROGRAM JUSTIFICATION AND ANALYSIS Revenues: Revenue for FY 2017 -18 will remain at the same funding allocation as FY 2017 -18. Expenses: The Historical Committee's FY 2018 -19 Budget will remain the as the FY 2017 -18 Budget. 273 of 282 BUDGETED SUMMARY OF WORKING CAPITAL PROJECTS COSTS YTD COSTS STATUS 2009 BOND - $6,600,000 P12 RECREATION CENTER 1,000,000 $ 1,586,955 COMPLETE 960 STREETS PROJECTS 5,600,000 4,932,550 COMPLETE 2012 BOND - $7,625,000 GA2 NATATORIUM PROJECT 3,625,000 3,625,000 COMPLETE GA3 SOCCER FIELDS IMPROVEMENTS 2,778,224 2,778,224 COMPLETE GA4 ATHLETIC FIELDS IMPROVEMENTS 221,776 221,776 COMPLETE GA7 FM 78 AND MAIN STREET 1,000,000 7,513 ON GOING 2013 BOND - $4,965,000 QA2 SOUTH REGIONAL WATER RECLAMATION PLANT 3,000,000 504,684 ON GOING W12 COMMERIAL PLACE PROJECT 1,820,000 1,787,800 COMPLETE W13 FACILITY MASTER PLAN 145,000 134,307 COMPLETE 2016 BOND - $5,880,000 G21 FIRE STATION 3 4,000,000 434,704 ON GOING S21 FM 1103 PROJECT WITH TXDOT 2,000,000 2,000,000 COMPLETE 2016A BOND - $2,375,000 ROADS 1,000,000 - ON GOING P14 WINDOW REPLACEMENT - RECREATION CENTER 727,264 792,198 COMPLETE G132 INTERIOR IMPROVEMENTS 172,736 69,364 ON GOING GA2 AQUATIC CENTER - YMCA 535,000 535,000 COMPLETE 2016B BOND - $1,475,000 GA2 AQUATIC CENTER - YMCA 1,465,000 1,465,000 COMPLETE BUDGETED SUMMARY OF WORKING CAPITAL PROJECTS COSTS YTD COSTS STATUS 2017 GO BOND - $3,935,000 G21 FIRE STATION 3 PROJECT 4,000,000 - ON GOING TOTAL PROJECTS OOST'YTC 4;IJ{000 - 2017 CO BOND - $5,475,000 STREETS 2,200,000 - ON GOING GC1 SENIOR CENTER REPAIRS 250,000 793,181 ON GOING V07 BUILDINGS REPAIRS 210,000 40,000 ON GOING G27 FIRE STATION 2 REPAIRS 440,000 474,663 ON GOING C11 PARK TRAILS MAINTENANCE AND IMPROVEMENT 300,000 86,185 ON GOING G133 FIRE TRUCK AND FIRE EQUIPMENT 950,000 893,173 ON GOING EMS EMS AMBULANCES 550,000 550,000 COMPLETE SE3 SCHERTZ PARKWAY ROAD IMPROVEMENTS 700,000 700,000 COMPLETE TOTAL PROJECTS COST YTQ ;SOt},O iQ $ 3 a 7,20,2 2018 CO BOND - $10,440,000 STREET AND DRAINAGE IMPROVEMENTS 1,600,000 - ON GOING BUILDING REPAIRS 2,180,000 - ON GOING GC2 RECREATION CENTER REPAIRS 475,000 - ON GOING V05 PICKRELL PARK POOL REPAIRS 60,000 - ON GOING C11 PARKS AND TRAIL IMPROVEMENTS 100,000 - ON GOING RESERVE FIRE ENGINE #2 650,000 - ON GOING WATER LOOP LINES PROJECT 825,000 - ON GOING FM 1103 UTILITY RELOCATION PROJECT 1,000,000 - ON GOING WATER METERS INSTALLATION AND PURCHASE 4,000,000 - ON GOING Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: September 4, 2018 Department: Finance Subject: Ordinance No. 18 -T -33 — Conduct a public hearing and consideration and /or action approving an ordinance approving the appraisal roll; setting the tax rate; levying and assessing general and special ad valorem taxes for the use and support of the municipal government of the city of Schertz, Texas. First Reading (B. James /J. Walters) BACKGROUND At the August 14, 2018 regular session, the City Council, by record vote, established a proposed preliminary maximum tax rate of $0.51.46, per $100 of value, with the M &O rate at $0.3497 and the I &S portion of $0.1649. 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 were required as the proposed rate does exceed the effective rate. The first required public hearing was held on August 28, 2018 regular session of City Council. The second required public hearing will be conducted tonight, September 4, 2018. During the tax rate adoption process Council can approve a lower rate, however they will not be able to approve a rate higher than this without republishing the notices and holding additional public hearings. Due to timing constraints set by the State Tax Code 26.05(a), the latest council could set a new preliminary rate is August 1.4, 2018 . without calling special meetings. Per Sec 26.05(b) of the Tax Code, the tax rate can only be adopted with more than 60% of the votes in favor of the proposed tax rate. Since Schertz has 7 voting councilmembers, 5 members must vote in favor of the tax rate for it to pass. FISCAL IMPACT The proposed maximum rate maintains quality service to residents and businesses and provides growth in service offerings based on input staff received from Citizens and Council from Retreats, Community Meetings, Citizen Survey, and elections. The current property tax rate is $0.4911 per $100 valuation. The proposed maximum tax rate will be $0.5146 per $100 valuation. City Council Memorandum Page 2 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 $0.1.649 from $0.1.662 per $100 valuation. Staff recommends that the City Council approve Ordinance No. 18 -T -33 approving the Fiscal Year 2018 -19 Proposed Tax Rate on first reading. THE MOTION MUST BE: "I move that the property tax rate be increased by the adoption of a tax rate of ($0.5146), which is effectively a (5 %) increase in the tax rate." If a different tax rate is made in the motion, the percentage must be calculated over the effective rate of $0.4892. ATTACHMENT Ordinance No. 18 -T -33 ORDINANCE NO. 18 -T -33 DATE. PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A EFFECTIVE WHEREAS, the City Manager of the City of Schertz submitted a tax rate proposal to the City Council prior to the beginning of the fiscal year, and in said tax rate proposal set forth the estimated necessary tax rate required to provide adequate revenues for the general use and support of the Municipal Government of the City of Schertz Texas; and WHEREAS, the City Council finds that all provisions pertaining to the adoption of an ad valorem tax rate have been in all things complied with; and WHEREAS, a Public hearing was held by the City Council of the City of Schertz on the 28th day of August 2018 and a second Public Hearing was held on the 4th day of September 2018; and WHEREAS, after a full and final consideration, the City Council is of the opinion the tax rate and ad valorem tax appraisal roll should be approved and adopted; and WHEREAS, the taxes have been levied in accordance with the adopted 201.8 -1.9 budget as required by state law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: SECTION 1. The ad valorem tax appraisal roll and effective tax rate information as presented by the tax assessor for the tax year 2018, . be and is hereby in all things approved and adopted. SECTION 2. This tax rate will raise more taxes for Maintenance and Operations than last year's tax rate. SECTION 3. The tax rate will effectively be raised by 8% and will raise taxes for maintenance and operations on a $100,000 home by approximately $25.90. SECTION 4. There is hereby levied and assessed and there shall be collected for the tax year 2018 for the general use and support of the Municipal Government of the City of Schertz, Texas a total ad valorem tax of Forty -Nine Ten Cents ($0.5146) on each One Hundred Dollars ($100.00) of valuation of property — real and personal — within the corporate limits of the City of Schertz, Texas, subject to taxation. The assessment ratio shall be One Hundred percent (100 %). SECTION 5. The City Council of the City of Schertz, Texas, does hereby levy or adopt the tax rate on $100.00 valuation for this city for tax year 2018 as follows: 1. 0.3497 for the purpose of maintenance and operation 1. 0.1649 for the payment of principal and interest on debt 2. 0.5146 total tax rate SECTION 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of the ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. SECTION 8. Ad valorem taxes for the year are due and payable on October 1, 2018 and shall become delinquent after January 31, 2019. A delinquent tax shall incur all penalty and interest authorized by state law, Section 33.01 of the Property Tax Code. Taxes that remain delinquent on and after July 1, 2019, incur an additional penalty of 15% of the amount of the taxes, penalty and interest due, such additional penalty to defray the cost of collection as authorized in Section 6.30 of the Property Tax Code. The City shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. SECTION 9. Taxes are payable at the office of the counties of Comal, Bexar and Guadalupe. PASSED AND APPROVED ON FIRST READING THIS 4th DAY OF SEPTEMBER 2018. PASSED AND APPROVED ON SECOND READING THIS 11th DAY OF SEPTEMBER 2018. Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary Informational only 11A Cpl V 11. ON111►`[4I Ed 10I01 [o7 710 Rod I City Council Meeting: September 4, 2018 Department: City Manager Subject: Update on major projects in progress Background This is the monthly update on large capital projects that are in progress or in the planning process. This update is being provided so Council will be up to date on the progress of these large projects. If Council desires this information to be presented in a different way or desires more information on any project or on projects not on this list, please reach out to staff and that information will be provided if possible. Parks and Recreation: Community Playscape Restroom: The pre - fabricated building is 1.00% complete at the factory. The geotechnical report for the engineered foundation is complete and the design is almost complete as well. The geotechnical report showed the foundation needed significant redesign to insure the pre- fabricated building would be appropriately placed. The firm that built the restroom and is responsible for install provided pricing for the necessary foundation construction that was excessively high. Local vendors have been contacted for price quotes to do the foundation work and staff is currently negotiating a contract with the lowest priced vendor. Once this contract is complete, work should begin within 2 -3 weeks on the foundation prep and install. Drainage Projects: East Dietz Creek Desilting: This is to desilt approximately 1 mile of the East Dietz Creek between FM 3009 and Dietz Road from Live Oak Road and Borgfeld Road. This project was awarded by Council in early August and a pre - construction meeting was held the week of August 27. The vendor is mobilizing equipment and work should begin in mid - September. 2. Concrete Rip -Rap Projects: 6 separate drainage projects involving installing concrete to either improve flow or decrease maintenance have been designed and are ready to bid as a single project to obtain better pricing. Bids came back in August and the prices from the two vendors who submitted proposals were much higher than available budgeted funds. Council is being asked to reject both proposals and staff will rework the projects and go out for proposals on the projects the available funds should be able to complete. 3. Cameron River Drainage Box: Proposals have all been received and a contract is being negotiated. It is anticipated this should be complete, and depending upon mobilization of the contractor, the work should be completed in 3 -4 weeks after starting. Facilities Projects: 1. Recreation Center/YMCA Restrooms: All demo work has been completed and work has begun on the reconstruction. Work is progressing slightly ahead of the project timeline and it is anticipated that all work shall be substantially complete by the end of November. 2. Fire Station 3: Council approved a Guaranteed Maximum Price on August 7 and work has been on -going to complete plating and obtaining initial permits so that dirt work can begin. Staff will be planning a ground breaking in September. 3. Roof Repairs: Roof repairs have been completed on every planned building except those in Pickrell Park. Now that school is back in session and the pool will be closed, the pool house and restroom facility will be scheduled for their roof work to commence. 4. Emergency Services Gate Replacement: The entrance and exit gates for the Emergency Services Complex have been replaced and are operational. Some minor problems are being chased down but this project is substantially complete and will drop off this report in October. Enineerins! Projects: 1. 2018 Street Preservation and Maintenance /Rehabilitation Project: LAN continues to work on the 100% plans for Randolph Avenue chip seal; the Northcliffe mill and overlay; the Greenfield Village Subdivision chip seal; and the Curtiss Ave chip seal. LAN submitted the 70% reconstruction plans for Randolph Avenue and Tri- County Parkway and City Staff continues the review of those plans. The project geotechnical engineer submitted pavement design options for each of the proposed reconstruction projects for City Staff to review. It is anticipated that the project will go out to bid late summer or early fall of 2018. . 2. Corbett Elevated Water Storage Tank: The project team has submitted documents to complete the City's platting and site plan process for the tank site. City Staff continues working with the final two property owners along Schaefer Road to obtain waterline easements in order to relocate the existing waterline in Schaefer Road. This month, City Staff has received signed agreements with two property owners and are working to record the agreements. It is anticipated that bidding for the project will take place at the end of the summer of 2018, . with construction to follow. 3. Woman Hollering Creek Wastewater Interceptor Main and Lift Station: CobbFendley continues to work on the final design documents including the final alignment into the new CCMA South Water Reclamation Plant, which was part of the additional design services. City Staff and CobbFendley continue to negotiate with property owners to acquire necessary easements for the project. Fifteen of the eighteen properties are currently in the appraisal or negotiation process. City Council approved a resolution on August 7th authorizing the Acting City Manager and City Staff to negotiate and sign the easements for the project. Two easements have been signed and recorded for the project. CobbFendley is working to complete the City's platting and site plan process for the lift station site. It is anticipated that bidding for the project will take place in the fall of 2018. 4. Pedestrian Routes and Bike Lanes Project: Ford Engineering continues to work on finalizing the design documents based on the TxDOT review comments and City Staff comments. Environmental clearances for the project are still in review with TxDOT. City Staff has made contact with LCRA to further discuss the hike and bike trail that is proposed to be installed on their property. Ford Engineering and City Staff met in August to discuss possible value engineering options for the project in order to stay within the project budget. Completion of the 90% plans is being done in conjunction with the value engineering efforts. TxDOT currently has the project scheduled to let in April of 2019. 5. FM 1103 Bridge Project: No change from August report: Construction continues with the successful demolition of the old bridge structure. As new bridge structural elements are added, lane closures will continue as necessary. TxDOT and its contractors keep City Staff informed of detours and closures so that the City can assist in disseminating the information to the public in a timely fashion. The currently anticipated completion date is June 2019. 6. FM 1103 Improvement Project: No change from August report: Utility relocations are underway (including electric, communications, gas, water, and wastewater). Schertz Public Works is working to acquire easements necessary to relocate some water and wastewater lines that conflict with the planned roadway and drainage improvements. The $2 million contribution to the project committed by the City of Schertz has been paid in full to TxDOT. The target let date for a construction contract is October 2019. 7. FM 1518 Improvement Project: No change from August report: TxDOT is nearing environmental clearance for the entire project and expects that to be complete in September, 2018. Once environmental clearance is achieved, right of way acquisition will begin. Approximately 1.40 parcels are affected by right of way needs. TxDOT is also working on a value- engineering phase of the project. Construction is currently expected to begin in 2022. As projects are completed, they will be removed from the document moving forward. Again, please advise if we can provide more, different or better information in this report. Informational Only — 1.1 B CITY COUNCIL MEMORANDUM City Council Meeting: September 4, 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 the exploration regarding the 9 -1.1 -2018 to Council use of HOT Funds to beautify Schertz. i.e., murals etc. (Requested by Mayor Pro -Tern Scagliola) Workshop discussion and update from the Transportation To Council after TSAC Safety Advisory Commission regarding people parking in front of mailboxes (Requested by Councilmember Crawford) Workshop discussion regarding potential UDC code To Council after P &Z amendments regarding standards for sheds Workshop Summary A CITY COUNCIL MEMORANDUM City Council Meeting: September 4, 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.