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09-16-2008 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 9-16-08 Council Agenda AGENDA TUESDAY, September 16, 2008 AT 6:30 P.M. REGULAR SESSION CALL TO ORDER: INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. 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 5 minutes. 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. ANNOUNCEMENTS • General Announcements on meetings/events attended and upcoming events (Council) • General Announcements on meetings/events attended and upcoming events (Mayor) PRESENTATION AND UPDATE • Presentation and update regarding SchertzFest. (J. Bierschwale) REGULAR AGENDA 1. Minutes -Consideratio?n and/or action regarding the approval of the minutes of the Workshop and Regular Meeting of September 9, 2008. 2. Ordinance No. 08-T-44 Consideration and/or action approving an Ordinance Adopting the FY 2008-09 budget. Final Reading (J. Santoya) 3. Ordinance No. 08-T-45 Consideration and/or action approving an Ordinance on the proposed FY 2008-09 Tax Rate. Final Reading (J. Santoya) 4. Resolution No. 08-R-45 – Consideration and/or action approving a resolution for a Public Library Interlocal Agreement with Selma. (D. Harris/M. Spain) 09-16-08 City Council Agenda Page -2 -5. Interlocal Agreement with Universal City – Consideration and/or action approving an Interlocal Agreement with Universal City for a portion of new construction across the Cibolo Creek. (D. Harris) 6. Schertz Sweetheart Court By-laws – Consideration and/or action approving the Schertz Sweetheart Court By-laws. (E. Matlock) BOARD APPOINTMENTS 7. Appointment/Reappointment to Boards and Commissions/Committees – Consideration and/or action regarding appointments/reappointments to Boards and Commission/Committees. • Appointment of Ms. Merle Behne – Historical Preservation Commission DISCUSSION AND POSSIBL ACTION 8. October 7, 2008 – National Night Out – Discussion and possible action regarding cancelling the October 7, 2008 City Council Meeting to allow Council Members to attend the various neighborhoods during National Night Out. (D. Harris) ANNOUNCEMENTS – CITY MANAGER AND STAFF • General Announcements on meetings/events attended and upcoming events EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. RECONVENE TO REGULAR SESSION 9. Take any action deemed necessary as a result of the Executive Session. ADJOURNMENT CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 11th DAY OF SEPTEMBER, 2008 AT 11:30 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis BRENDA DENNIS, TRMC, CMC CITY SECRETARY 09-16-08 City Council Agenda Page -3 -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 _______________, 2008. ____________________________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 619-1030 at least 24 hours in advance of meeting. 09-16-08 City Council Agenda Page -4 -COUNCIL ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation Committee Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Mayor Pro-Tem Wilenchik Investment Advisory Committee Liaison -Schertz Chamber of Commerce Liaison -Board of Adjustments Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee AACOG Economic Development TML Board of Directors TML Municipal Revenue & Taxation Committee Councilmember Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation Advisory Board Interview Board for the Boards and Commissions Councilmember Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -50th Year Anniversary Committee Liaison -Schertz Youth Commission Liaison – TIRZ II Board Councilmember Scagliola Liaison -Transportation Safety Advisory Commission Liaison -Schertz Humane Society Alternate Interview Board for Boards and Commissions Liaison – Schertz Sweetheart Court Councilmember Trayhan Liaison -Schertz Housing Authority Audit Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: September 16, 2008 Department: Administration Subject: Minutes BACKGROUND On September 9, 2008 a Workshop and Regular City Council Meeting was held at the Municipal Complex Council Chambers at 5:00 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the September 9, 2008 minutes. ATTACHMENT Minutes 09/09/08 City Council Regular Meeting September 9, 2008 252 MINUTES WORKSHOP AND REGULAR MEETING September 9, 2008 A Special Workshop and Regular Meeting were held by the Schertz City Council of the City of Schertz, Texas, on September 9, at 5:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present, to-wit: Mayor Hal Baldwin Mayor Pro-Tem Tony Wilenchik Council Member Jim Fowler Council Member David Scagliola Council Member John Trayhan Council Member Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager David Harris Assistant City Manager John Bierschwale City Attorney Michael Spain City Secretary Brenda Dennis CALL TO ORDER: Mayor to call Workshop to order and receive information from Staff regarding RFP’s received for Audit Services. (Staff – Council Conference Room) Mayor to adjourn into the Council Chambers for the following: Mayor Pro-Tem Wilenchik called the workshop to order at 5:00 p.m. and received comments from staff regarding the RFP’s for Audit Services. Staff presented an overview answering questions from Council. Mayor Baldwin arrived at 5:15 p.m. 1. A. Presentation by City Staff on RFP’s received for Audit Services. (J. Santoya) • Presentation by Armstrong, Vaughan & Associates (Debbie Fraser) • Presentation by Darilek, Butler & Associates (Lisa Garner) Members from Armstrong, Vaughn & Associates and Darilek, Butler & Associates gave a brief presentation answering questions from Council. Mayor Baldwin recessed the staff workshop into the Council Chambers at 6:30 p.m., to take action on the following item. B. Bid No: 08-FIN-31-PS-01 – Consideration and/or action awarding a bid for Audit Services. (K. Lewinski) Mayor Baldwin recognized Mayor Pro-Tem Wilenchik who moved seconded by Council Member Trayhan to award the Audit Services Contract to Armstrong, Vaughan & Associates. Vote was unanimous. Motion Carried ADJOURNMENT WORKSHOP: Mayor Baldwin adjourned the workshop at 6:42 p.m. City Council Regular Meeting September 9, 2008 253 CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Council Member Fowler gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. INTRODUCTIONS • Assistant City Manager John Bierschwale introduced the following employees who will be making up the City Marshal’s Office: -Beverly Todd, City Marshal -Sgt. Steve Pulaski -Corporal William Sutton -Health & Code Inspector Shanna O’Brien -Code Enforcement Officer Tom Eaton PRESENTATION • Kell Munoz – Schertz Recreation Center. Mayor Baldwin recognized Assistant City Manager John Bierschwale and Park Director George Logan who came forward introducing this item and introduced Mr. Jeff Edwards and Mr. Ronnie Biediger who gave a brief PowerPoint presentation regarding the design of the new Schertz Recreation Center. HEARING OF RESIDENTS Mayor Mayor Baldwin recognized the following: • Brad Bailey Director of Media Relations who announced the upcoming Sweetheart Coronation scheduled for September 17, 2008 at 6:30 p.m. at the Civic Center. Council General Announcements: Mayor Pro-Tem Wilenchik • Mentioned he attended last week the ground breaking ceremony for Crescent Bend Nature Park in Bexar County. Council Member Fowler • None. Council Member Scagliola City Council Regular Meeting September 9, 2008 254 • Mentioned the upcoming Sweetheart Coronation which will be held Wednesday, September 17th at 6:30 at the Civic Center. Council Member Trayhan • Mentioned he attended the recent Schertz Housing Authority meeting and at the meeting the board agreed to adopt a smoke free environment. Council Member Carpenter • None. Items by Mayor • Announced he attended the Austin-SAT Commuter Rail District board meeting in San Marcos on Friday. The Board has selected a firm to come up with a logo for them and that at the present they are forming focus groups and if anyone is interested in serving to please let him know. REGULAR AGENDA 1. Resolution No. 08-R-44 -Construction Management Agreement – Consideration and/or action approving a resolution authorizing a Personal Services Construction Management Agreement with David Dorrough in connection with the construction of the City’s new Recreation Center (L. Truitt) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item answering questions from Council. Mr. Bierschwale introduced Mr. David Dorrough who came forward answering questions from Council. Mayor Baldwin recognized Mayor Pro-Tem Wilenchik who moved, seconded by Council Member Scagliola to approve Resolution No. 08-R-44 authorizing a Personal Services Construction management Agreement with David Dorrough in the amount of $520,264.26 in connection with the construction of the Recreation Center. Vote was unanimous. Motion Carried 2. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of September 2, 2008. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Carpenter to approve the minutes of September 2, 2008. Vote was unanimous. Motion Carried 3. Ordinance No. 08-M-43 -Consideration and/or action approving an ordinance establishing a City of Schertz Consolidated Fee Schedule. Final Reading (J. Bierschwale & D. Harris) Mayor Baldwin recognized Assistant City Manager David Harris who gave a brief overview of this item indicating a few changes which were made from the first reading. Mayor and Council thanked the staff for their work in establishing the consolidated fee schedule. City Council Regular Meeting September 9, 2008 255 Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Mayor Pro-Tem Wilenchik to approve Ordinance No. 08-M-43 final reading. Vote was unanimous. Motion Carried 4. Board of Trustee Election – Consideration and/or action regarding the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election. (D. Taylor) (Placed back on agenda awaiting recommendations from City Manager) Mayor Baldwin recognized City Manager Don Taylor who introduced this item answering questions from Council. Mr. Taylor gave his recommendations to the Council. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Carpenter to accept the City Manager recommendations for members to the Texas Municipal League Intergovernmental Risk Pool Board of Trustees. Vote was unanimous. Motion Carried 5. Resolution No. 08-R-46 – Consideration and/or action approving a resolution for an amendment of the Cibolo Creek Municipal Authority’s Boundaries. (S. Willoughby) Mayor Baldwin recognized Public Works Director Sam Willoughby who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Fowler who moved, seconded by Council Member Trayhan to approve Resolution No. 08-R-46. Vote was unanimous. Motion Carried PUBLIC HEARING/ORDINANCE 6. Public Hearing Fiscal Year 2008-09 Budget – Conduct a public hearing and consideration and/or action approving the City of Schertz FY 2008-09 Budget (J. Santoya) Ordinance No. 08-T-44 Consideration and/or action approving an Ordinance Adopting the FY 2008-09 budget. First Reading (J. Santoya) Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item answering questions from Council. Mayor Baldwin opened the public hearing and recognized Mr. Robert Brockman, 1001 Elbel, and as no one else spoke; closed the public hearing and announced that the final vote on FY 2008/09 Budget will be conducted on September 16, 2008 at 6:30 p.m. in the City Hall Council Chamber. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Scagliola to approve Ordinance No. 08-T-44 first reading adopting the FY 2008/09 Budget. Vote was unanimous. Motion Carried City Council Regular Meeting September 9, 2008 256 7. Second Public Hearing on Proposed Tax Rate for Fiscal Year 2008-09 – Conduct a public hearing and consideration and/or action regarding the adoption of the FY 2008-09 tax rate. (J. Santoya) Ordinance No. 08-T-45 Consideration and/or action approving an Ordinance on the proposed FY 2008-09 Tax Rate. First Reading (J. Santoya) Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item answering questions from Council. Mayor Baldwin opened the public hearing and recognized Mr. Robert Brockman, 1001 Elbel, and as no one else spoke; closed the public hearing and recognized Council Member Scagliola who moved, seconded by Council Member Trayhan that property taxes be increased by the adoption of a tax rate of $0.409000 and adoption of an ordinance adopting the 2008 tax rate. Vote was unanimous. Motion Carried Mayor Baldwin stated that the vote adopting the tax rate will take place on September 16, 2008 at 6:30 P.M., City Council Chambers 1400 Schertz Parkway, Schertz Texas 78154. ANNOUNCEMENTS – CITY MANAGER AND STAFF • General Announcements on meetings/events attended and upcoming events Mayor Baldwin recognized Assistant City Manager John Bierschwale who gave a brief overview and plans from the City should Tropical storm Ike affect us. Mayor Baldwin recognized Assistant City Manager David Harris who stated that a letter would be going out this week to the residents of Mobil Villa. Mayor Baldwin recognized Purchasing Manager Kim Lewinski who announced that the City Wide Auction will be held at a Public Works. EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Council did not meet in Executive Session. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting 8:17 p.m. ______________________________ Hal Baldwin, Mayor City Council Regular Meeting September 9, 2008 257 ATTEST: _____________________________________ Brenda Dennis, TRMC, CMC City Secretary Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: September 16, 2008 Department: Finance Subject: Public Hearing – Fiscal Year 2008-2009 Budget Ordinance No. 08-T-44 Final Reading BACKGROUND In accordance with applicable statutes and the City Charter, the City must conduct a public hearing to receive input on the proposed FY 2008-09 budget, including the budget of the Economic Development Corporation. The first required public hearing was held on September 2, 2008 at which time the City Council voted unanimously to pass this. This is the final public hearing on Ordinance. No. 08-T-44. FISCAL IMPACT General Fund $ 17,448,075 RECOMMENDATION Staff recommends that the Mayor open the public hearing, receive the public comment upon the proposed budget and close the public hearing. Staff further recommends that the City Council approve final reading of Ordinance No. 08-T-44, adopting the budget for the fiscal year beginning October 1, 2008 and ending September 30, 2009. ATTACHMENT Ordinance No. 08-T-44 ORDINANCE NO. 08-T-44 AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE FILING OF THE BUDGET; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Schertz is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Manager of the City of Schertz submitted a budget proposal to the City Council prior to the beginning of the fiscal year, and in said budget proposal set forth the estimated revenues and expenditures and made the detailed classification as required by the City Charter of the City of Schertz, Texas; and WHEREAS, the City Council finds that all provisions pertaining to the adoption of a budget contained in the City Charter have been in all things complied with; and WHEREAS, a Public Hearing was held by the City Council of the City of Schertz, Texas on the 9th day of September, 2008; 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, 2008 and ending September 30, 2009, as modified by the City Council, be, and the same is, in all things, adopted and approved as the said City of Schertz budget for the Fiscal Year beginning the first day of October, 2008, and ending the thirtieth day of September, 2009. 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: 2008-2009 BUDGET FUND EXPENSES General 17,448,075.00 Special Events 15,372.00 I & S 4,242,820.00 Water/Sewer 14,746,871.00 EMS 6,492,696.00 Drainage 655,046.00 -Economic Development Corp 1,999,475.00 Hotel/Motel 369,100.00 Parks Fund 65,500.00 Recycling 18,000.00 Capital Recovery 372,079.00 $ 46,425,034 SECTION 3. A true and correct copy of this ordinance along with the approved budget attached hereto, and any amendments thereto, shall be filed with the City Secretary. In addition, the City Manager is hereby directed to file or cause to be filed a true and correct copy of this ordinance along with the approved budget attached hereto, and any amendments thereto, in the office of the County Clerk of Guadalupe, Comal and Bexar Counties, Texas, as required by law. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Schertz, Texas (2006), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. This ordinance shall be in full force and effect from and after its final passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING THIS 9th DAY OF SEPTEMBER 2008. ___________________________ Hal Baldwin, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary PASSED AND APPROVED ON SECOND READING THIS 16th DAY OF SEPTEMBER 2008. ____________________________ Hal Baldwin, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary APPROVED AS TO FORM AND LEGALITY: ______________________________ ____ City Attorney Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: September 16, 2008 Department: Finance Subject: Ordinance No. 08-T-45 -Fiscal Year 2008-09 Proposed Tax Rate Final Reading BACKGROUND In accordance with Chapter 26 of the Texas Tax Code the City Council must hold two (2) public hearings on a proposed tax rate. At the August 12, 2008 regular session the City Council, by record vote, established a proposed maximum tax rate of $0.4090 per $100 of value. This proposed rate is not subject to rollback, as it is the same rate adopted for FY 2007-08. The final required public hearing was conducted at the September 9, 2008 regular session at which time the City Council voted unanimously to pass on first reading Ordinance No. 08-T-45. FISCAL IMPACT None RECOMMENDATION Staff recommends that the City Council approve final reading of Ordinance No. 08-T-45 approving the Fiscal Year 2008-09 Proposed Tax Rate. The motion is “I move that property taxes be increased by the adoption of a tax rate of $0.409000 and adoption of an ordinance adopting the FY 2008/2009 tax rate. ATTACHMENT Ordinance No. 08-T-45 ORDINANCE NO. 08-T-45 AN ORDINANCE APPROVING THE APPRAISAL ROLL; SETTING THE TAX RATE; LEVYING AND ASSESSING GENERAL AND SPECIAL AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SCHERTZ, TEXAS; APPORTIONING THE LEVIES FOR SPECIFIC PURPOSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Schertz submitted a tax rate proposal to the City Council prior to the beginning of the fiscal year, and in said tax rate proposal set forth the estimated necessary tax rate required to provide adequate revenues for the general use and support of the Municipal Government of the City of Schertz Texas; and WHEREAS, the City Council finds that all provisions pertaining to the adoption of an ad valorem tax rate have been in all things complied with; and WHEREAS, a Public hearing was held by the City Council of the City of Schertz on the 2nd day of September, 2008 and a second Public Hearing was held on the 9th day of September 2008; and WHEREAS, after a full and final consideration, the City Council is of the opinion that the tax rate and ad valorem tax appraisal roll should be approved and adopted; and 1. WHEREAS, the taxes have been levied in accordance with the adopted 2008-09 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 2008, be and is hereby in all things approved and adopted. SECTION 2. This tax rate will raise more taxes for Maintenance and Operations than last year’s tax rate. SECTION 3. This tax rate will raise taxes for Maintenance and Operations on a $100,000 Home by approximately $ 2.21. SECTION 4. There is hereby levied and assessed and there shall be collected for the tax year 2008 for the general use and support of the Municipal Government of the City of Schertz, Texas a total ad valorem tax of Forty Point Ninety Cents ($0.4090) 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 2008 as follows: 1. 0.259000 for the purpose of maintenance and operation 2. 0.150000 for the payment of principal and interest on debt 3. 0.409000 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 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, 2008 and shall become delinquent after January 31, 2009. 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, 2009, 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 9th DAY OF SEPTEMBER 2008. ___________________________ Hal Baldwin, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary PASSED AND APPROVED ON SECOND READING THIS 16th DAY OF SEPTEMBER 2008. ____________________________ Hal Baldwin, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary APPROVED AS TO FORM AND LEGALITY: ___________________________________ City Attorney Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: September 16, 2008 Department: Library Subject: Public Library Interlocal Agreement (Selma) BACKGROUND Staff recommends that the City enter into a Public Library Interlocal Agreement (Selma) with the City of Selma to permit the citizens of Selma to utilize the City’s library facilities. The proposed Interlocal Agreement is for two full fiscal years, from October 1, 2008 through September 30, 2010. FISCAL IMPACT The City will collect a fee based upon Selma’s population. See Section 3 of the Public Library Interlocal Agreement (Selma) attached to Resolution 08-R-45. RECOMMENDATION Adoption of Resolution 08-R-45 ATTACHMENT Resolution 08-R-45, with Public Library Interlocal Agreement (Selma) attached. CCM Selma ILA.doc RESOLUTION NO. 08-R-45 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PUBLIC LIBRARY INTERLOCAL AGREEMENT (SELMA) WITH THE CITY OF SELMA, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the “City Council”) of the City of Schertz (the “City”) has determined that it is in the best interest of the City to enter into a Public Library Interlocal Agreement (Selma) with the City of Selma, Texas (“Selma”), permitting the citizens of Selma to utilize the services of the City’s public library; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Public Library Interlocal Agreement (Selma) with Selma 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, 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 16th day of September, 2008. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) Resol (Selma).doc EXHIBIT A PUBLIC LIBRARY INTERLOCAL AGREEMENT See attached Resol (Selma).doc A-1 PUBLIC LIBRARY INTERLOCAL AGREEMENT (SELMA) This Public Library Interlocal Agreement, effective as of October 1, 2008 (this “Agreement”), is between the City of Schertz, Texas, a political subdivision of the State of Texas (“Schertz”), and the City of Selma, Texas, a political subdivision of the State of Texas (“Selma”). WHEREAS, Selma and Schertz have determined to enter into this Agreement relating to the provision of free public library services to the citizens of Selma (the “Library Services”), and to set out the purposes, terms, rights, objectives, duties, and responsibilities of Selma and Schertz with respect thereto; WHEREAS, Schertz and Selma have determined that the provision of the Library Services is a public purpose and within their statutory powers of government; and WHEREAS, Schertz and Selma are political subdivisions of the State of Texas and are authorized to execute this Agreement pursuant to Texas Government Code Chapter 791.001, as amended; NOW, THEREFORE, SCHERTZ AND SELMA, ACTING BY AND THROUGH THEIR DULY AUTHORIZED OFFICERS, HEREBY COVENANT AND AGREE AS FOLLOWS: Section 1. Purpose. (a) Schertz agrees that, during the term of this Agreement, the citizens of Selma may utilize the Schertz public library without charge. (b) All public library facilities, books, reading material, and other equipment in the possession of Schertz’s library shall be equally accessible to all residents of Selma during the term of this Agreement. (c) All public library facilities, books, reading material, and other equipment currently owned by Schertz or acquired by Schertz for use in its established public library during the term of the Agreement shall remain the property of Schertz. Section 2. Term and Renewal . This Agreement shall be for an initial term commencing with the effective date of this Agreement through and including September 30, 2010 (the “Initial Term”). This Agreement shall thereafter be automatically renewed for succeeding periods of one year, from October 1 through the following September 30 (each, a “Renewal Term”), unless either party to this Agreement notifies the other party in writing that it wishes to terminate this Agreement. Such notice shall be provided not less than ninety (90) days prior to the end of the Initial Term or any Renewal Term. Section 3. Consideration. (a) In consideration of Schertz’s provision of the Library Services during the Initial Term, Selma agrees to pay Schertz an annual sum of $3.32 per capita of Selma population through September 30, 2009 ($1,245.00 monthly or $14,940.00 annually), and an annual sum of $6.64 per capita of Selma population from October 1, 2009 through September 30, 2010. Payments shall be made monthly no later than the 15th day of each month, commencing October 15, 2008. Through September 30, 2009, the parties agree that Selma’s population is 4,500. On or about September 1, 2009, Selma shall determine in good faith its estimated population for the period October 1, 2009 through September 30, 2010 and provide such estimate and the basis by which such estimate was determined in writing to Resol (Selma).doc A-2 Schertz. If Schertz contests such estimate and Selma does not modify such estimate to Schertz’s reasonable satisfaction, Schertz may terminate this Agreement by written notice to Selma. (b) Selma and Schertz agree that the monthly amount payable by Selma to Schertz for any Renewal Term shall be determined by good faith negotiations between Selma and Schertz and that such amount shall be determined not less than thirty (30) days before the end of the Initial Term and each Renewal Term. Section 4. Notices. Notice to Selma shall be delivered to the City Administrator, City of Selma, 9375 Corporate Drive, Selma, Texas 78154. Notice to Schertz shall be delivered to the City Manager, City of Schertz, 1400 Schertz Parkway, Schertz, Texas, 78154. This Agreement shall be binding upon and inure to the benefits of the parties hereto and their respective legal representatives, successors, and assigns where permitted by this Agreement. Section 5. Authorization. This Agreement has been duly authorized by the governing bodies of Schertz and Selma. Section 6. Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, the remaining portions hereof shall continue in full force and effect. Section 7. Amendments. This Agreement represents the complete understanding of Schertz and Selma with respect to the matters described herein, and this Agreement may not be amended or altered without the written consent of both parties and the consent of Schertz. Section 8. Source of Payment. Each party paying for the performance of governmental functions or services under this Agreement shall make such payments from current revenues available to the paying party. Section 9. Governing Law. This Agreement shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] Resol (Selma).doc A-3 Resol (Selma).doc A-4 IN WITNESS WHEREOF, the undersigned have entered into this Public Library Interlocal Agreement, effective as of the date first above written. CITY OF SCHERTZ, TEXAS By City Manager CITY OF SELMA, TEXAS By City Administrator Agenda No. 5 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: September 16, 2008 Department: Administration Subject: Interlocal Agreement – Interlocal Agreement with City of Universal City for a portion of new construction across the Cibolo Creek. BACKGROUND City Manager Don Taylor met with City Officials for the City of Universal City on entering into an Interlocal Agreement for participation in a bridge construction project over the Cibolo Creek at Aviation Drive. Project cost for Universal City would be $255,154.53, the City of Schertz is responsible for the construction and oversight of the project; Universal City’s role would be to participate financially. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the City of Schertz agrees to enter into an Interlocal Agreement with the City of Universal City providing for the City of Universal City to pay the City of Schertz the amount of $255,154.53 for a portion of the cost of new construction across Cibolo Creek. PASSED AND APPROVED at at a regular meeting of the City Council of the City of Schertz, Texas this 16th day of September, 2008, at which meeting a quorum was present, held in accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq. APPROVED _________________________ Hal Baldwin, Mayor ATTEST: _________________ Brenda Dennis, City Secretary Page -1-AGREEMENT FOR IMPROVEMENTS TO BRIDGE AND OTHER RELATED MATTERS This Agreement is entered into on this the day of , 2008, by and between THE CITY OF UNIVERSAL CITY, STATE OF TEXAS, Acting by and through its City Manager, hereinafter referred to as “First Party”, and THE CITY OF SCHERTZ, STATE OF TEXAS, Acting through its City Manager, hereinafter referred to as “Second Party”, is as follows: WITNESSETH: Whereas, a low water crossing and bridge are indicated in the attached Exhibit “A”, which is incorporated herein for all purposes; and whereas it is not clear who now owns it, and WITNESSETH: Whereas, the Parties jointly desire and agree to pay for the construction of a new low water crossing and bridge improvements at the area described on Exhibit “A” hereto; and WITNESSETH: Whereas the Second Party, on or about the 20th day of April, 2008, contracted for the construction of the low water crossing and bridge improvements described on Exhibit “B” hereto and incorporated herein for all purposes; and WITNESSETH: Whereas, it is the desire of the First Party and Second Party that First Party agrees to pay the Second Party the sum of $255,154.53 in accordance with Exhibit “C” hereto for the cost of the low water crossing and bridge improvements located within the First Party’s corporate boundaries. Now Therefore, the parties agree as follows: 1. It is Agreed that the parties jointly desire and agree to pay for the construction of new low water crossing and bridge improvements at the area described in Exhibit “A” attached hereto; 2. It is Agreed that on or about the 20th day of April, 2008, the Second Party contracted for the construction of the low water crossing and bridge improvements described in Exhibit “B” hereto; 3. It is Agreed that it is the desire of the First Party and Second Party that First Party agrees to pay the Second Party the sum of $255,154.53 in accordance with the Exhibit “C” hereto; and 4. It is Agreed that, upon completion of the low water crossing and bridge improvements, each party shall own the portion of the low water crossing and bridge improvements located within its corporate boundaries. 5. It is further agreed by the parties that should the project not be completed due to the fault of the contractor or it becomes necessary to bring a suit against the contractor for any purpose, each of the parties hereto shall be entitled to receive their pro-rata share of the net proceeds of any remaining after payment of all costs of such litigation and payment. 6. This Agreement shall be binding upon the respective parties, their successors and assigns and shall be performable in Bexar and Guadalupe County, Texas, and shall Page -2-be construed in conformance with the laws of the State of Texas. In witness thereof, the Parties of these presents have executed this Agreement in the year and day first above written. FIRST PARTY: SECOND PARTY: CITY OF UNIVERSAL CITY CITY OF SCHERTZ BY: BY: _______________________________ City Manager City Manager Agenda No. 6 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: September 16, 2008 Department: Administration Subject: City of Schertz Sweetheart Bylaws – Consideration and/or action approving the Bylaws for the Schertz Sweetheart BACKGROUND The City of Schertz City Council has recognized the Sweetheart Advisory Group as a valuable segment of the City. The City of Schertz Sweetheart Advisory Group will provide unique insight into future leaders for our community as well as leadership to the City of Schertz Sweetheart Court. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the City Council approves the City of Schertz Sweetheart Bylaws as written. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 16th day of September, 2008, at which meeting a quorum was present, held in accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq. APPROVED _________________________ Hal Baldwin, Mayor ATTEST: ____________________________________ Brenda Dennis, TRMC, CMC City Secretary BY-LAWS OF THE CITY OF SCHERTZ SWEETHEART ADVISORY GROUP WHEREAS, the City of Schertz, Texas (the “City”) and Schertz City Council (“Council”) recognize the City of Schertz Sweetheart Advisory Group of the City as a valuable segment of the City; WHEREAS, the ideas and perspectives of the City of Schertz Sweetheart Advisory Group will provide unique insight into future leaders for our community; and WHEREAS, the Council created an Advisory Group to provide leadership to the City of Schertz Sweetheart Court and to make recommendations to City Management and City Council regarding activities of the Court; NOW, THEREFORE, the City of Schertz Sweetheart Advisory Group hereby adopts the following By-Laws: ARTICLE I: Purpose The purpose of the City of Schertz Sweetheart Advisory Group is to: 1. Plan and oversee all events and activities of the City of Schertz Sweetheart Court; 2. Work with City Officials on proposed City of Schertz Sweetheart Court events and activities; 3. Provide a proposed detailed budget for the Council to review for the events to be held or attended in 2008/2009. ARTICLE II: Membership Section 1: Membership Requirements: The City of Schertz Sweetheart Advisory Group will act as an advisory group to the City Manager and City Council. It shall consist of nine (9) members who at the time of their appointment, and thereafter during their term shall: 1. Desire to contribute to accomplishments of the goals and objectives of the City of Schertz Sweetheart Advisory Group; and 2. Are available and agree to participate in the City of Schertz Sweetheart events. Section 2: Appointments: The members of the Advisory Group shall be appointed by City Council. Section 3: Terms The initial appointees shall serve 1-year for those in Place 1 (5 members); and 2-year for those in Place 2 (4 members). City of Schertz Sweetheart Committee Draft By-Laws 3 Sep 08 Advisory Group members’ term shall expire 31 May of the year their terms expire. Members of the City of Schertz Sweetheart Advisory Group may be removed at any time, with or without cause, by the Mayor or the Council Member who recommended their appointment. All vacancies shall be filled by a nomination and recommendation from the remaining members of the City of Schertz Sweetheart Advisory Group to the City Council for final approval. Section 4: Duties At least two (2) City of Schertz Sweetheart Advisory Group members shall oversee all events and activities attended by the Schertz Sweetheart Court. At least two (2) City of Schertz Sweetheart Advisory Group members shall report all expenses and reports of the Schertz Sweetheart Court. At least two (2) City of Schertz Sweetheart Advisory Group members shall oversee the scholarship process for the Schertz Sweetheart Court. At least two (2) City of Schertz Sweetheart Advisory Group members shall oversee the budget for the Schertz Sweetheart Court. At least two two (2) City of Schertz Sweetheart Advisory Group members shall be responsible for all financial matters of the City of Schertz Sweetheart Advisory Group including the budget, financial reports and fund raising. ARTICLE III: Meetings Meetings/Workshop Sessions Regular meetings/workshop sessions will be held once a quarter. Special meetings may be held at the request of two (2) members of the Advisory Group. Notification will be not less than seventy-two (72) hours to each member of the City of Schertz Sweetheart Advisory Group. The meetings shall be held on as needed in the Economic Development Conference Room, on Thursdays, 5:30 p.m. Since the Advisory Group’s role is purely advisory in nature, with its actions regarding the commitment or utilization of City resources’ money, or property being subject in all events to approval by the City Council, the Advisory Group’s meetings shall not be subject to the Texas Open Meetings Act. City of Schertz Sweetheart Committee Draft By-Laws 3 Sep 08 City of Schertz Sweetheart Committee Draft By-Laws 3 Sep 08 ARTICLE IV: Amendments These By-Laws may be altered, amended, or repealed, and new By-Laws may be adopted on the recommendation of the City of Schertz Sweetheart Advisory Group with prior written notice to the members, and provided that such alterations, amendments or repeals must be approved by the Schertz City Council. ARTICLE V: Adopted and Effective Date The foregoing By-Laws were recommended by a __________________ vote by the City of Schertz Sweetheart Advisory Group on the ________ day of ____________________, 2008 and forwarded to the Schertz City Council for approval. ___________________________________ Erin Matlock The foregoing By-Laws were approved and adopted by the Schertz City Council and shall be effective on the __________ day of ______________________, 2008. ____________________________________ Hal Baldwin, Mayor ATTEST: _____________________________ __ Brenda Dennis, City Secretary Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: September 16, 2008 Department: City Council Subject: Boards and Commissions Appointments/reappointments BACKGROUND The City Council will consider action regarding the appointment/reappointment of boards and commission members. Mr. Dean Weirtz indicated that Ms. Merle Behne would be a great asset to the Board and recommends appointment since this board has room for more members he recommends her appointment. FISCAL IMPACT None RECOMMENDATION It is recommended that the City Council make appointments from the submitted applications. ATTACHMENTS Applications: Ms. Merle Behne – Historical Preservation Committee Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: September 16, 2008 Department: Administration Subject: “National Night Out” October 7, 2008 – Discussion and action regarding cancelling the October 7, 2008 City Council Meeting. BACKGROUND On October 7, 2008 the City of Schertz and various Neighborhood Associations within the City will be celebrating National Night Out. Last year the City Council cancelled their regular City Council meeting so that they could attend the various celebrations. This item is for discussion and action regarding cancelling the October 7, 2008 City Council Meeting. FISCAL IMPACT None RECOMMENDATION Staff recommends Council discuss this item and consider cancelling the October 7, 2008 City Council Meeting to celebrate “National Night Out” in the City of Schertz.