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01-15-2013 Agenda with BackupSCHERTZ CITY COUNCIL REGULAR SESSION HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 01-15-2013 Council Agenda AGENDA TUESDAY JANUARY 15, 2013 AT 6:00 P.M. The City Council may, for its convenience or for the convenience of City Staff or persons in attendance, modify the order in which items on the agenda are considered by the City Council. Call to Order – Regular Session – 6:00 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. City Events and Announcements • Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) • Announcements and recognitions by City Manager (J. Kessel) Presentations • Presentation regarding The Certificate of Achievement for Excellence in Financial Reporting. (J. Kessel/J. Santoya/R. Galindo) • Presentation by Schertz Historical Preservation Committee regarding the possibility of a Coat of Arms for the City of Schertz. (B. James/D. Weirtz) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 01-15-2013 City Council Agenda Page - 2 - Consent Agenda Items The Consent Agenda is considered to be 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 by the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of January 8, 2013. (J. Kessel/B. Dennis) 2. Resolution No. 13-R-03 – Consideration and/or action approving a Resolution naming Schertz Bank and Trust as the City’s depository bank and authorizing a Bank Depository Agreement with Schertz Bank & Trust, and other related matters in connection therewith. (B. Cantu/J. Santoya) 3. Cancellation of the January 22, 2013 City Council Meeting – Consideration and/or action cancelling the January 22, 2013 City Council Meeting. (J. Kessel/Council) Discussion and/or Action Items 4. Resolution No. 13-R-04 – Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas announcing that the City Council is accepting applications for the vacant Place 5 City Council position in the City of Schertz, Texas; approving the form of application for appointment; setting a deadline for submitting applications for appointment; setting an interview date; authorizing the City Secretary to advertise on the City’s website and in the City’s newspaper of record that applications are being accepted for the vacant Place 5 City Council position; and other matters in connection therewith. (D. Harris/B. Dennis) 5. Ordinance No. 13-D-01 – Consideration and/or action approving an Ordinance amending Section 86-115 by revising Section 86-118 maximum limits in school zones in the City of Schertz; repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. First Reading (J. Bierschwale/L. Busch) 6. Ordinance No. 13-D-02 – Consideration and/or action approving an Ordinance amending Chapter 86, Article II of the City of Schertz, Texas Code of Ordinances by adding sections 86-5, through 86-62; adopting new regulations contained therein to prohibit operation of all motor vehicles and off-highway motor vehicles in the City’s drainage easements, drainage ditches, drainage rights-of-way, and other unimproved land in the city; declaring the violation thereof to be a criminal misdemeanor; providing for punishment upon conviction by a criminal fine not to exceed $200; authorizing the impoundment of vehicles in the event of repeat violations; authorizing the posting of warning signs; providing exceptions for public safety, and maintenance vehicles and certain usage by property owners; providing for an effective date of February 1, 2013; and other matters in connection therewith. First Reading (J. Bierschwale / J. Hooks) Roll Call Vote Confirmation 01-15-2013 City Council Agenda Page - 3 - Executive Session Called under: Section 551.071 Texas Government Code - Deliberation regarding litigation, pending or contemplated litigation; Section 551.072 Texas Government Code – Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.087 Texas Government Code – Deliberation regarding Economic Development Negotiations. Reconvene into Regular Session 7. Take any action deemed necessary as a result of the Executive Session. Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. 11. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Adjournment CERTIFICATION 01-15-2013 City Council Agenda Page - 4 - 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 11th DAY OF JANUARY 2013 AT 4:30 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. Brenda Dennis Brenda Dennis CPM, TRMC, MMC, City Secretary I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2013. ____________________________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 at least 24 hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter TIRZ II Board Hal Baldwin Scholarship Committee Audit Committee Investment Advisory Committee Interview Board for Boards and Commissions Mayor Pro-Tem Antuna - Place 3 Audit Committee ASA Commuter Rail District Board – Lone Star Schertz Seguin Local Government Corporation Councilmember Fowler – Place 1 Interview Board for Boards and Commissions Schertz Housing Board Liaison Councilmember Scagliola – Place 2 Animal Control Advisory Committee Interview Board for Boards and Commissions Sweetheart Advisory Committee Cibolo Valley Local Government Corporation Councilmember Edwards – Place 4 Investment Advisory Committee Audit Committee Hal Baldwin Scholarship Committee Councilmember – Place 5 Vacant Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: January 15, 2013 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a regular meeting on January 8, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on January 8, 2013. ATTACHMENT Minutes –regular meeting January 8, 2012 1-8-2013 Minutes MINUTES REGULAR MEETING January 8, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 8, 2013, 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 R. Carpenter Mayor Pro-Tem George Antuna Councilmember Jim Fowler Councilmember David Scagliola Staff Present: City Manager John C. Kessel Executive Director John Bierschwale Executive Director David Harris Executive Director Brian James City Attorney Katherine Tapley Chief of Staff Bob Cantu City Attorney Michael Spain City Secretary Brenda Dennis Deputy City Secretary Cynthia Raleigh Councilmember Cedric Edwards was absent. CALL TO ORDER: Mayor Carpenter called the Regular Meeting to order at 6:01 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND THE STATE OF TEXAS. Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements • Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director David Harris who announced the following upcoming events: Saturday, January 19th – Race starts at 9:00 a.m. Selma/Schertz 5K run (Bluebonnet Hall) registration is going on now! Friday – Sunday - February 1-3, 2013 – TML Austin – Elected Officials’ Conference – Monday, February 4, 2013 – TML Austin Legislative Briefing Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who highlighted the City of Schertz recent new hire Roxanne Cardona – new police officer. Mr. Kessel stated that Officer Cardona 1-8-2013 Minutes took ownership of a recent situation where her previous training and background provided her the ability to communicate effectively in a difficult situation (both with the individual in question and with members of the SWAT team. Mr. Kessel congratulated Officer Cardona for a job well done. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Carpenter recognized the following people who spoke: • Mr. Ed “Grumpy” Azzoz, 528 Wayward Pass who spoke regarding the vacant Place 5 City Council position. • Mrs. Maggie Titterington, Schertz Chamber of Commerce President who provided a brief overview of the past and upcoming Chamber events. Discussion and/or Action Items 1. Resolution No. 13-R-01 – Consideration and/or action approving a Resolution appointing Katherine Tapley, an attorney with the law firm of Fulbright & Jaworski L.L.P., as the City Attorney of the City for Schertz; and other matters in connection therewith. (J. Kessel/D. Harris/B. Dennis) The following was read into record: RESOLUTION NO. 13-R-01 • A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPOINTING KATHERINE TAPLEY, AN ATTORNEY WITH THE LAW FIRM OF FULBRIGHT & JAWORSKI L.L.P., AS THE CITY ATTORNEY OF THE CITY OF SCHERTZ; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter stated that this evening the Council will be considering a Resolution appointing Mrs. Katherine Tapley as the City Attorney due to the retirement of City Attorney 1-8-2013 Minutes Mr. Michael Spain. He stated that Mr. Spain has been with the City for 25 years and has announced his retirement with Fulbright and Jaworski. Mayor Carpenter stated that Mr. Spain will not be officially leaving us as he will be filling in while Mrs. Tapley goes on maternity leave. Mayor, Council, and staff provided their well wishes on Mr. Spain’s retirement and expressed their gratitude for his dedication and his many years of service. City Attorney Michael Spain expressed his appreciation for the opportunities to work with the City. Mayor Carpenter recognized Councilmember Scagliola moved, seconded by Councilmember Fowler to approve Resolution No. 13-R-01 appointing Katherine Tapley as the City Attorney. The vote was unanimous with Mayor Pro-Tem Antuna, Councilmembers Fowler and Scagliola voting yes and no one voting no. (Councilmember Edwards was absent) Motion carried. Oath of Office - Oath of Office administered to newly appointed City Attorney Katherine Tapley– (B. Dennis) City Secretary Brenda Dennis administered the Oath of office to Katherine Tapley. Consent Agenda Items The Consent Agenda is considered to be 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 by the Mayor or a Councilmember. 2. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of December 18, 2012. (J. Kessel/B. Dennis) 3. Ordinance No. 12-M-33 – Consideration and/or action approving an Ordinance setting uniform dates for the end of terms of members of certain City Boards, Commissions, and Committees; repealing all ordinances or resolutions or parts of ordinances or resolutions in conflict with this ordinance, and providing an effective date. Final Reading (D. Harris/B. Dennis/C. Raleigh) The following was read into record: ORDINANCE NO. 12-M-33 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS SETTING UNIFORM DATES FOR THE END OF TERMS OF MEMBERS OF CERTAIN CITY BOARDS, COMMISSIONS, AND COMMITTEES; REPEALING ALL ORDINANCES OR RESOLUTIONS OR PARTS OF ORDINANCES OR RESOLUTIONS IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 4. Ordinance No. 12-M-34 - Consideration and/or action approving an Ordinance authorizing amended City Council Rules of Conduct and Procedure to include procedures for filling a vacancy on City Council and for the appointment of a Mayor Pro-Tem; repealing all 1-8-2013 Minutes ordinances or parts of ordnances in conflict with the ordinance, and other matters in connection therewith and providing an effective date. Final Reading (D. Harris/B. Dennis/C. Raleigh) The following was read into record: ORDINANCE NO. 12-M-34 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 5. Resolution No. 13-R-02 – Consideration and/or action approving a Resolution authorizing an Interlocal Agreement for Designation of Health Authority with Bexar, County, Texas, the City of San Antonio, Texas, and various other cities located in Bexar County, Texas; designating Dr. Thomas Schlenker, M.D., as the Health Authority for the City of Schertz, Texas pursuant to Health and Safety Code Chapter 121 to provide Emergency Assistance to the City of Schertz in accordance with the terms of the Interlocal Agreement; and other matters in connection therewith. (J. Bierschwale/D. Wait) The following was read into record: RESOLUTION NO. 13-R-02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT FOR DESIGNATION OF HEALTH AUTHORITY WITH BEXAR COUNTY, TEXAS; THE CITY OF SAN ANTONIO, TEXAS; AND VARIOUS OTHER CITIES LOCATED IN BEXAR COUNTY, TEXAS; DESIGNATING DR. THOMAS SCHLENKER, M.D. AS THE HEALTH AUTHORITY FOR THE CITY OF SCHERTZ, TEXAS PURSUANT TO HEALTH AND SAFETY CODE CHAPTER 121 TO PROVIDE EMERGENCY ASSISTANCE TO THE CITY OF SCHERTZ IN ACCORDANCE WITH THE TERMS OF THE INTERLOCAL AGREEMENT; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Scagliola moved, seconded by Councilmember Fowler to approve Consent agenda items 2, 3, 4 and 5. The vote was unanimous with Mayor Pro-Tem Antuna, Councilmembers Fowler and Scagliola voting yes and no one voting no. (Councilmember Edwards was absent) Motion carried. Workshop Item • Discussion, direction, and/or action regarding filling the vacant Place 5 City Council position. (M. Carpenter/Council) Mayor Carpenter stated he requested that this item be placed on the agenda to allow discussion and get the consensus of Council how they would like to proceed with filling the vacant City Council 1-8-2013 Minutes seat. Mayor and Councilmembers provided their comments: One of the concerns voiced was having a quorum present at the meetings. Should any of the seated Councilmembers be absent either for vacation, business or illness, it would require all the remaining members to be present. Council directed staff to provide a resolution at the January 15, 2013 Council meeting to start the process of taking applications as per the amended rules and procedures approved this evening regarding the process by which the City Council should fill a vacancy. Mayor Carpenter recognized Mayor Pro-Tem Antuna who moved, seconded by Councilmember Scagliola directing staff to prepare a Resolution for the next Council meeting to begin the process of accepting applications for the vacant place 5 Council position to begin the appointment process. The vote was unanimous with Mayor Pro-Tem Antuna, Councilmembers Fowler and Scagliola voting yes and no one voting no. (Councilmember Edwards was absent) Motion carried. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for agenda items 1, 2, 3, 4, 5 and the Workshop item. Executive Session Mayor Carpenter recessed the regular meeting into executive session at 7:05 p.m. Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.074 Texas Government Code – Deliberation regarding personnel matters and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Section 551.087 Texas Government Code – Deliberation regarding Economic Development Negotiations. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 10:09 p.m. 6. Take any action deemed necessary as a result of the Executive Session. 1-8-2013 Minutes No action taken. Requests and Announcements 7. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements provided. 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Fowler who inquired about Council taking action on the appointment of the Mayor Pro-Tem. City Attorney Katherine Tapley stated based on the Ordinance which was passed this evening it states the “term 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.” An item should be placed on a future agenda for Council discussion and action to appoint the Mayor Pro-Tem. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. No information requested. 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro-Tem Antuna who stated he attended the swearing in ceremony for the 38th Sheriff of Bexar County Susan Pamerleau on January 1, 2013. Mayor Carpenter stated that this was the first meeting of the New Year and wished everyone a Happy New Year and stated it was an exciting time. Adjournment As there was no further business, the meeting was adjourned at 10:18 p.m. ___________________________________ Mayor, Michael R. Carpenter 1-8-2013 Minutes ATTEST: ___________________________________________ City Secretary, Brenda Dennis Agenda No.2 CITY COUNCIL MEMORANDUM City Council Meeting: January 15, 2013 Department: Finance Subject: Resolution No. 13-R-03 One-Year Extension for Depository Agreement with Schertz Bank and Trust BACKGROUND The City entered into a Bank Depository Agreement with Schertz Bank and Trust on February 1, 2010 as authorized by resolution 10-R-01. The agreement was for a 3-year term with two options for one-year extensions. Goal To authorize a one-year extension for bank depository services agreement as per resolution 10-R-01. Community Benefit The community benefits by having a current agreement for bank depository services. FISCAL IMPACT None RECOMMENDATION Staff recommends approval of Resolution No. 13-R-03. ATTACHMENTS Resolution No. 13-R-03 Bank Depository Agreement One-Year Extension Authorized Representatives RESOLUTION NO. 13-R-03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE EXTENSION FOR ONE YEAR OF THE BANK DEPOSITORY AGREEMENT WITH SCHERTZ BANK & TRUST, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff entered into a bank depository agreement with Schertz Bank & Trust on February 1, 2010 per resolution 10-R-01 for a three-year term with two options for one- year extensions; and WHEREAS, the City Council has determined that it is in the best interest of the City to extend the bank depository agreement for one-year pursuant to the Bank Depository 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 City Manager to execute and deliver the Agreement with Schertz Bank & Trust in substantially the form set forth in Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. - 2 - PASSED AND ADOPTED, this 15th day of January, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary (CITY SEAL) - 3 - Exhibit A Bank Depository Agreement Exhibit A Authorized Representatives For the term of this agreement, the City and the Bank designate the individuals listed below as authorized to represent and act for the City and the Bank, respectively, in any and all matters including collateral assignment and substitution, and, upon further written authorization by the City with respect to Bank officials, execution of agreements and transfers of funds. Any changes in these representatives by either party will be made in writing to the other party. CITY OF SCHERTZ SCHERTZ BANK & TRUST AUTHORIZED REPRESENTATIVES AUTHORIZED REPRESENTATIVES John C. Kessel, City Manager Mark Sunderman, President John E. Bierschwale, Executive Director Wendy Griffin, Cashier David J. Harris, Executive Director Brian James, Executive Director Juan F. Santoya, Jr., Finance Director Robert Galindo, Assistant Finance Director Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: January 15, 2013 Department: City Administration Subject: Cancellation of the January 22, 2013 Council meeting BACKGROUND At the request of the Mayor and that due to the lack of no agenda items for Council to act upon, staff recommends that the January 22, 2013 Council meeting be cancelled. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the cancellation of the January 22, 2013 regular Council meeting. Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: January 15, 2013 Department: City Secretary Subject: Resolution No. 13-R-04 – Announcing that the City Council is accepting applications for the vacant Place 5 City Council Position; approving the form of application for appointment; setting a deadline for submitting applications for appointment; setting an interview date; and authorizing the City Secretary to advertise on the City’s Website and in the City’s newspaper of record that applications are being accepted for the vacant Place 5 City Council position. BACKGROUND At the January 8, 2013 Council meeting, Council held a workshop to discuss how Council wanted to proceed with filling the vacant Place 5 City Council position. Council provided their comments about the process moving forward. Mayor Pro-Tem Antuna made a motion that was seconded by Councilmember Fowler to commence the process for accepting applications for appointment to fill the vacant Place 5 Councilmember position. Resolution 13-R-04 officially announces that City Council is accepting applications for appointment for the vacant position, approves the form of application, sets a deadline for submitting applications, sets an interview date, and directs that notice of the application process be published on the City’s website and in the City’s newspaper of record. Goal To solicit applications from qualified candidates for the City Council vacant position. Community Benefit To solicit applications from qualified candidates for the City Council vacant position, set a timeline for receiving the applications, and set a timeline to conduct interviews. City Council Memorandum Page 2 Summary of Recommended Action Staff recommends Council approve Resolution No. 13-R-04 FISCAL IMPACT None RECOMMENDATION Approval of Resolution No. 13-R-04 ATTACHMENT Resolution No. 13-R-04 Application RESOLUTION NO. 13-R-04 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ANNOUNCING THAT THE CITY COUNCIL IS ACCEPTING APPLICATIONS FOR THE VACANT PLACE 5 CITY COUNCIL POSITION IN THE CITY OF SCHERTZ, TEXAS; APPROVING THE FORM OF APPLICATION FOR APPOINTMENT; SETTING A DEADLINE FOR SUBMITTING APPLICATIONS FOR APPOINTMENT; SETTING AN INTERVIEW DATE; AUTHORIZING THE CITY SECRETARY TO ADVERTISE ON THE CITY’S WEBSITE AND IN THE CITY’S NEWSPAPER OF RECORD THAT APPLICATIONS ARE BEING ACCEPTED FOR THE VACANT PLACE 5 CITY COUNCIL POSITION; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, pursuant to Ordinance No. 12-M-34, the City Council of the City of Schertz, Texas (the “City”) adopted procedures to fill certain vacancies on the City Council (the “Procedures”); and WHEREAS, there is currently a vacancy in the City Councilmember Place 5 position; and WHEREAS, the City Council has determined that it is in the best interest of the City to seek applications for appointment to fill the vacant Place 5 Councilmember position in accordance with the Procedures; and WHEREAS, at the January 8, 2013 City Council meeting, the City Council directed City Staff to commence the process for accepting applications for appointment to fill the vacant Place 5 Councilmember position in accordance with the Procedures. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council of the City hereby announces that the City Council is accepting applications for appointment for the vacant Place 5 City Councilmember position. The City Council hereby directs the City Secretary, or her designee, to make the form of application set forth on Exhibit “A” attached hereto and incorporated herein (the “Application”) available to prospective candidates in accordance with the Procedures. In addition, the City Secretary, or her designee, is hereby directed to place a Public Notice on the City’s website and in the City’s newspaper of record announcing that the City is currently accepting qualified candidate applications in the form of the Application from citizens interested in serving on the City Council in Place 5 to fill an unexpired term expiring in November 2013. Further, the City Council hereby sets the deadline for submission of applications to the City Secretary as Friday, February 8, 2013 at 12:00 p.m., and the City Council hereby sets the date for interviews of qualified applicants for Tuesday, February 12, 2013 at 4:00 p.m. at the Hal Baldwin Municipal Complex, City Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. 50594976.2 - 2 - 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 15th day of January, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) EXHIBIT A APPLICATION FOR APPOINTMENT FOR THE VACANT PLACE 5 CITY COUNCILMEMBER POSITION APPLICATION TO SERVE ON CITY COUNCIL Please type or print clearly Please return to the attention of City Secretary, 1400 Schertz Parkway, Schertz Texas 78154 by 12:00 p.m. February 8, 2013 Full Name:____________________________________________________Date of Birth: _________________ Home phone: (Include area code)____________________ Work phone: (Include area code)____________________ Mobile number: (Include area Code)_____________________________________________________________ Physical address: __________________________________________________________________________ (Street, City, State, Zip) Mailing address: (If different from above)_________________________________________________________ (Street, City, State, Zip) Email address (es): _________________________________________________________________________ Do you live in the corporate limits of the City of Schertz? □ yes □ no Are you 18 years or older? □ yes □ no Are you registered to vote? □ yes □ no Which County?_________________Registration No:_______________ (The City Charter requires that members of Council be qualified voters residing in the City). Have you been a resident of the City for at least six consecutive months immediately preceding your filing for office? □ yes □ no Are you an obligator to the City on any obligation past due? □ yes □ no A person may be elected or selected and hold office if such obligation is being actively contested in the appropriate forum. Current/past occupation or area of expertise: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Professional and/or community activities: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Additional pertinent information/references: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Submission of a Resume or Curriculum Vitae is encouraged. A letter of interest may also be submitted. ___________________ Signature Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: January 15, 2013 Department: Engineering/Public Works Subject: Ordinance No. 13-D-01 Amending Section 86-118 Maximum Limits in School Zones of the City Code of Ordinances (First Reading) BACKGROUND At the regular meeting on December 6, 2012 the Transportation Safety Advisory Commission (TSAC), Staff recommended altering the school zone around the Allison Steele Enhanced Learning Center (formerly Corbett Junior High) to include only the portions between 130 feet east of Oak Street to 290 feet east of Curtiss Avenue on FM 1518. Staff also recommended designating Curtiss Avenue between Beacon Drive and FM 1518 as a school zone and providing appropriate signage. Both SCUCISD and TXDOT are agreeable with the change in school zones as a result of reduced pedestrian and vehicular traffic in the area due to the change in purpose of the facility. TSAC concurred with staff and recommends Council establish both school zones. Goal To improve the safety on streets within the City of Schertz. Community Benefit Amending the school zone on FM 1518 and establishing a school zone on Curtiss Avenue to provide better visibility and establish a keener awareness to the possible traffic obstructions due to the proximity of the Allison Steele Learning Center. Summary of Recommended Action Staff recommends approval to alter the school zone around the Allison Steele Learning Center on FM 1518 and establish a school zone on Curtiss Avenue. FISCAL IMPACT The fiscal impact is not to exceed $150.00 for material to be paid out of an approved budget account number 101-359-551600 Street Maintenance. RECOMMENDATION Approve Ordinance No. 13-D-01 on first reading to amend Section 86-118 Maximum Limits in School Zones of the City Code of Ordinances. ATTACHMENT Ordinance No.13-D-01 Exhibit A – FM 1518 and Curtiss Ave. School Zones TSAC Minutes December 6, 2012 Regular Meeting ORDINANCE NO. 13-D-01 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86-118 MAXIMUM LIMITS IN SCHOOL ZONES IN THE CITY OF SCHERTZ; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in Schertz, Texas, an engineering and traffic investigation has been made to determine the maximum, reasonable and prudent speeds on the section of: FM 1518, from MP 3.659, located just west of Oak Street, to MP 4.155, at the intersection with FM 78, for a total distance of 0.496 miles approximately. WHEREAS, it has been determined by the engineering and traffic investigation that the maximum, reasonable and prudent speeds for the section of highway described above are as shown on the attached plans. WHEREAS, it has been established that Curtiss Ave. from Beacon Avenue to FM 1518 is not covered under Section 86-118 Maximum Limits in School Zones of the City Code of Ordinances. WHEREAS, it is recommended to amend Farm Market Road 1518 as FM 1518 and establish Curtiss Avenue as a School Zone under the authority of the City Code of Ordinances Section 86-118 Maximum Limits in School Zones as described below and in Exhibit A attached hereto. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1 Under the authority of S Section 86-118 Maximum Limits in School Zones of the Code of Ordinances, a School Zone is hereby established on this roadway within the City of Schertz, Texas according to the following: STREET EXTENT FM 1518 From 130 feet east of Oak Street to 290 feet east of Curtiss Avenue when the lights are flashing. Curtiss Ave From Beacon Ave to FM 1518 during the posted hours. 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 15th day of January 2013. PASSED, APPROVED AND ADOPTED ON SECOND READING, the ______ day of _________, 2013. CITY OF SCHERTZ, TEXAS _________________________________ Mayor, Michael R. Carpenter ATTEST: _________________________________ City Secretary, Brenda Dennis (CITY SEAL) PROPOSEDSCHOOL ZONEFLASHING LIGHT290 FT EAST OFCURTISS AVE 130 FT EASTOF OAK ST EXISTINGSCHOOL ZONEFLASHING LIGHT D.A.E.P. ALLISON STEELEENHANCEDLEARNING CENTER B.V.Y.A. MAIN ST FM 78 WRIGHT A V E CURTIS S A V E O A K S T E AVIAT I O N B L V D LI N D B E R G H A V E EXCHA N G E A V E E L M A V E WINBUR N A V E B E A C O N A V E E FM 1518 N AZT E C W A Y FM 78 MAIN ST O A K S T WRIGHT A V E AERO A V E E L M A V E WINBUR N A V E 1 S T S T CURTIS S A V E BROOK S A V E E AVIAT I O N B L V D AZT E C W A Y EXCHA N G E A V E E FM 1518 N ZUEHL N O R T H S T E F M 1 5 1 8 N 0 100 200 300 400 500 60050Feet /Proposed School Zone Existing School Zone to Be Removed Building Footprints City of Schertz ITEM NO. 4 MAIN STREET SCHOOL ZONE TRANSPORTATION SAFETY ADVISORY COMMISSION MINUTES THURSDAY, DECEMBER 6, 2012 5:30 P.M. 12-06-2012 Minutes Page 1 The Transportation Safety Advisory Commission (TSAC) convened on December 6, 2012 at 5:30 p.m. in the Council Chamber Conference Room, Building #4, 1400 Schertz Parkway, Schertz, Texas 78154. TSAC Commissioners Present: TSAC Commissioners Absent: Stephen Bish - Chairperson Michael Goos - Vice Chairperson Mark Davis, Alternate1 Bill Bowers Max Hernandez Gary Preston, Alternate 2 William Rumfelt City Staff Others Present Larry Busch, Jr., E.I.T Michael Harris, Interim Chief of Police Doug Letbetter, PWs Superintendent of Fleet/Streets Debbie Perrone – Recording Secretary Mr. Brian James, Development Services Director Sam Willoughby, Public Works Director Call to Order/Roll Call: Stephen Bish, Chairperson called the meeting to order at 5:37 P. M Seat Alternate to Act If Required: Mark Davis seated as voting commissioner Gary Preston seated as voting commissioner Hearing of Residents: None 1. Minutes: Consideration and/or action regarding the approval of the minutes for October 4, 2012. Motion to accept, October 4, 2012 minutes by: Gary Preston second by Mark Davis-All Ayes- Motion passed 2. Schertz Parkway and Savannah Drive: Intersection conflicts. Consideration and/or action regarding intersection conflicts of traffic backing up when turning onto Savannah Drive during school hours. (Public Works/Engineering) Staff brought in a contractor to do some work on the signal device. In addition to this, Staff has visited the site during the morning peak hour and studied the intersection. We believe the work done on the signal, including extending the signal time by a few seconds has fixed most of the concerns. Since the signal timing was adjusted, vehicles on Savannah Drive are able to cycle through the intersection as originally intended. While there is congestion in the area, it is as to be expected given the volume of traffic on Schertz Parkway and the number of students attending Paschal Elementary School. Staff recommends that no action be taken on this item 12-06-2012 Minutes Page - 2 - Mark Davis commented that he drives through this area daily and has not seen any problem. Motion to close item made by: Gary Preston second by Mark Davis - All Ayes- Motion passed. 3. Laura Heights Speeding Issue: Consideration and/or action regarding speeding issues in Laura Heights. Item tabled at October 4, 2012 meeting so staff could meet with the residents to find a better solution since this street did not warrant a speed hump. (Public Works/Engineering) Based on a resident complaint Staff conducted a traffic study from August 31, 2012 through September 6, 2012 in Laura Heights. At the October meeting the Commission reviewed the results and, at the recommendation of staff, tabled this item so staff could meet with the residents to better understand their concerns. Staff met with Mr. Spikes, the resident who spoke at the meeting, on October 10th and discussed the issues they were having with the traffic. It was agreed that the City would increase patrols in the area for approximately 10 days and that Public Works would install the speed study devices on Laura Heights for one week and on Hallie Heights for one week at agreed upon locations. The devices were installed on Laura Heights from Tuesday, October 23 through Tuesday, October 30 and on Hallie Heights from Tuesday, October 30 through Tuesday, November 6. On each street two devices were set for the study period to evaluate the traffic at the areas the resident suggested speeding most frequently occurs and based on factors such as existing traffic control devices (i.e. stop signs) and topography. The results of the study showed an average speed on both Laura Heights and Hallie Heights of less than 23.5 mph. However, the studies do show that many of the vehicles that exceeded the 25 mph threshold generally fall within the same times. Staff recommends the Police Department use these studies to increase there patrols in the area at there discretion, but generally during times when speeding occurs. While the problem does not meet the minimum requirements for speed humps, staff has significant concerns that speed humps in this case could actually exacerbate the problem. The small percentage of motorists who are speeding might try to make up time before and after the speed hump. Staff also recommends revisiting this area in three months and six months to evaluate progress and propose any additional changes to TSAC that are warranted. Staff also has studied the sight distance concern that was raised during the meeting at the intersection of Laura Heights and Hallie Heights. The sight distance at this intersection is limited, however the existing stop sign, level of service of the roadway, and width of roadway seem to be sufficient to provide for adequate movement through the intersection. William Rumfelt said this is a remote area and the vehicles that are speeding believe to be residents or contractor working in the subdivision. Staff recommend that Police patrol this area. Motion to close this item made by: William Rumfelt second by Gary Preston - All Ayes- Motion passed. 4. Main Street (FM 1518) Relocating School Zone Flashing Signal: Consideration and/or action regarding relocation of flashing school zone sign from existing location on FM 1518 at Lindbergh Ave. approximately 650 feet towards Allison Steele Learning Center. (Public Works/Engineering) 12-06-2012 Minutes Page - 3 - Staff recommends TSAC support reducing the school zone around the Allison Steel Learning Center by removing the designation along Aviation Boulevard and on the portion of FM 1528/Main Street that is beyond Curtiss Avenue by more than 245 feet. Additionally, Staff recommends designating Curtiss Avenue between Beacon Drive and FM 1518 as a school zone and providing appropriate signage. Since FM 1518 is a State roadway, TxDOT has requested input on the proposed change from the City and SCUCISD. SCUCISD has already received a letter in support of the school zone change. TSAC’s recommendation will be sent to TXDOT. TxDOT will take this into consideration as they evaluate the proposed change. The proposed change to the school zone for FM 1518/Main Street and Aviation Boulevard would shorten the school zone by approximately 650 feet. The recommendation to support reducing the school zone and moving the associated sign is based on the change in use of the building which correlates to significantly less pedestrian traffic as well as providing for a more appropriate school zone in that it allows for improved visibility and greater clarity for motorists. The school zone sign on Aviation Blvd. does not have the flashing signal attached to it and is easily overlooked by motorists driving up the hill from the Cibolo Creek. Given the significant distance of this intersection from the school, and the fact that the school is not highly visible from this location, drivers may be unaware of the school zone. The proposed school zone will still maintain an appropriate speed around the school for the limited number of buses still traveling to and from the facility as well as any parents dropping off their children. Providing for a more appropriate school zone should improve compliance and increase safety. Staff recommends designating the section of Curtiss Avenue as a school zone and adding appropriate signage to make drivers turning onto FM 1518 toward the school aware of the school zone. This being a residential street that has a 20 mph speed limit regularly, Public Works will install our standard school zone sign without flashing lights. TxDot will do a traffic study when completed the City will revise the ordinance for this school zone. Motion to forward recommendation on to City Council made by: Mark Davis second by William Rumfelt - All Ayes- Motion passed. 5. Requests by Commissioners to staff for information: Steve Bish would like to place on the next agenda for discussion cancelling TSAC meetings in January. 6. Announcements by Commissioners: Max Hernandez announced his resignation affective January 3, 2013. A letter of resignation to the City will follow. 7. Staff Comments: Michael Harris said that Police Department has a TXDot representative should anyone have concerns about the IH-35 construction. Please call your concerns into the PD and they will relay the message to the TxDot representative. 8. Adjournment: Motion to adjourn by William Rumfelt second by Gary Preston - All Ayes - Motion passed. Time: 5:58 P.M 12-06-2012 Minutes Page - 4 - Signature of Commission Member ______ Debbie Perrone Steven Bish, Chairperson Debbie Perrone, Recording Sec. Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: January 15, 2013 Department: Public Works Subject: Ordinance No. 13-D-02 - Establishing an ordinance prohibiting all motor vehicles in City drainage easements, drainage ditches, drainage right of way and other unimproved land. BACKGROUND Currently the City does not have an ordinance in place to prohibit operation of motor vehicles in City drainage easements, ditches, right of ways and unimproved land. The Public Works department and Police department have received several complaints from residents living adjacent to these channels. They report individuals operating ATV’s, dirt bikes and other vehicles in the city’s easements and drainage ditches at all hours of the night. This is disturbing our resident’s quiet enjoyment in their homes as well as causing damages to these channels. Establishing an ordinance would provide the ability to enforce punishment and fines for those caught driving in these areas and preventing expenses to repair drainage areas due to the motor vehicles. Goal To establish an ordinance that prohibits all motor vehicles in City drainage easements, ditches, right of way and unimproved land in the City. Community Benefit To provide the ability to enforce punishment and fines for those caught driving in drainage channels and eliminate damage to our drainage easements, ditches and right of ways. Summary of Recommended Action Staff recommends council approve the Ordinance prohibiting all motor vehicles in City drainage easements, ditches, right of ways and unimproved land in the City. FISCAL IMPACT Sign Fabrication of $751.34. Funds are available in the FY 12-13 Drainage account 204-579-551610 Drainage Channel Maintenance. RECOMMENDATION Staff recommends council approve Ordinance 13-D-02 ATTACHMENT Exhibit A: Ordinance 13-D-02 Exhibit B: Sign Fabrication Estimate 50594295.2 ORDINANCE 13-D-02 AMENDING CHAPTER 86, ARTICLE II OF THE CITY OF SCHERTZ, TEXAS CODE OF ORDINANCES BY ADDING SECTIONS 86-57. THROUGH 86-62.; ADOPTING NEW REGULATIONS CONTAINED THEREIN TO PROHIBIT OPERATION OF ALL MOTOR VEHICLES AND OFF-HIGHWAY MOTOR VEHICLES IN CITY DRAINAGE EASEMENTS, DRAINAGE DITCHES, DRAINAGE RIGHTS-OF-WAY, AND OTHER UNIMPROVED LAND IN THE CITY; DECLARING THE VIOLATION THEREOF TO BE A CRIMINAL MISDEMEANOR; PROVIDING FOR PUNISHMENT UPON CONVICTION BY A CRIMINAL FINE NOT TO EXCEED $200; AUTHORIZING THE IMPOUNDMENT OF VEHICLES IN THE EVENT OF REPEAT VIOLATIONS; AUTHORIZING THE POSTING OF WARNING SIGNS; PROVIDING EXCEPTIONS FOR PUBLIC SAFETY AND MAINTENANCE VEHICLES AND CERTAIN USAGE BY PROPERTY OWNERS; PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 1, 2013; AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City of Schertz, Texas (the “City”) includes within its boundaries significant areas of land, both public and private, that are undeveloped and in many cases unfenced and open to public access; and WHEREAS, the City Staff has recommended that the City Council of the City restrict the use of all motor vehicles designed for highway use and all off-highway motor vehicles on unimproved lands to the extent reasonably necessary to protect the health, safety, security, convenience, and repose of City residents, provide for the quiet enjoyment of their residences and properties, and protect such lands from environmental damage and degradation, without impairing necessary and appropriate access to public and private lands in the City; and WHEREAS, the City Council of the City finds that the unrestricted operation of all motor vehicles, including both off-highway motor vehicles and motor vehicles designed for highway use, on unimproved lands can be harmful to the environment and frequently causes noise, dust, odors, and other nuisances that are detrimental to the health, safety, security, convenience, and repose of the City’s residents, and deprives them of the quiet enjoyment of their residences and properties; and WHEREAS, the City Council of the City finds that it is in the best interest of the City to restrict the use of all motor vehicles designed for highway use and all off-highway motor vehicles on unimproved lands as set forth in this Ordinance; and WHEREAS, the City Council of the City further finds that it is in the best interest of the City to ensure that the restrictions set forth in this Ordinance are enforced by the imposition of appropriate penalties for violations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: 50594295.2 Section 1. The following Sections 86-57. through 86-62. are hereby added to Chapter 86 – Traffic and Motor Vehicles, Article II – Operation of Vehicles Generally, in the Code of Ordinances for the City of Schertz: Sec. 86-57. Definitions. The following definitions shall apply to sections 86-57. through 86-62. of this Code. All-terrain vehicle means a motor vehicle fifty (50) inches or less in width, having an unladen dry weight of one thousand (1,000) pounds or less, traveling on three (3) or more low pressure tires and having a seat designed to be straddled by the operator and handlebar-type steering control. Light truck means a truck, including a pickup truck, panel delivery truck, or carryall truck that has a manufacturer’s rated carrying capacity of two thousand (2,000) pounds or less. Motor vehicle means a mechanical device used exclusively to transport a person or property on a public highway and includes automobiles, trucks, truck-tractors, buses, motorcycles, or any other device in or upon which any person or property may be transported. Motor vehicle means a vehicle that is self-propelled, including, without limitation, passenger cars, light trucks, single axle vehicles, tandem axle vehicles, and any other vehicles that may enter the market that fit the general profile of vehicles operated on the highway for transportation purposes, as well as those that are identified by this Code, the Texas Constitution, or Texas Statutes as motor vehicles. Off-highway motorcycle means a motor vehicle traveling on not more than two (2) tires and having a seat designed to be straddled by the operator and that has handlebar-type steering control. Off-highway motor vehicle means a non-agricultural motor vehicle designed by the manufacturer for operation exclusively off the highway or road and includes all-terrain vehicles, off-highway motorcycles, recreational off-highway vehicles, and any other vehicles that may enter the market that fit the general profile of vehicles operated off the highway for recreational purposes, as well as those that are identified by this Code, the Texas Constitution, or Texas Statues as off-highway or recreational motor vehicles. Off-highway motor vehicle does not include tractors or other equipment while such tractors and equipment are being used for agricultural purposes. Passenger car means a motor vehicle, other than a motorcycle, used to transport persons and designed to accommodate ten (10) or fewer passengers including the operator. Recreational off-highway vehicle means a motor vehicle designed for travel on four (4) or more non-highway tires, for recreational use by one (1) or more persons, and having: 1. a steering wheel for steering control; 2. saddle seating for a rider and/or passenger; 3. maximum speed capability greater than thirty-five (35) miles per hour; 50594295.2 4. gross vehicle weight rating no greater than one thousand seven hundred and fifty (1,750) pounds; 5. less than eighty (80) inches in overall width, exclusive of accessories; 6. engine displacement of less than one thousand (1,000) cubic centimeters; and 7. identification by means of a seventeen-character vehicle identification number. Single axle vehicle means a unit whose center may be included between two (2) parallel transverse vertical planes approximately forty (40) inches apart, extending across the full width of the vehicle. Tandem axle vehicle means a unit whose weight is transmitted to the road by two (2) or more consecutive axles which centers may be included between parallel transverse vertical planes spaced more than forty (40) inches and not more than ninety-six (96) inches apart, extending across the full width of the vehicle. Unimproved land means any tract or parcel of land which lacks any above ground structure or facilities designed, intended, or operated for residential, commercial, or agricultural use. The presence of improved drainage ditches, drainage easements, or drainage rights-of-way on such tract or parcel does not affect the status of such tract or parcel as unimproved land. Unimproved land includes, but is not limited to, dikes, levees, and roads or paths providing access adjacent to drainage ditches, drainage easements, and drainage rights-of-way that have been dedicated, granted, or conveyed to, or acquired by, the City. Watercourse means any natural or artificial feature that conveys water within a defined channel, whether on a regular or intermittent basis, and includes, but is not limited to, canals, drainage ditches, flood control channels, and retention or detention basins associated with any such water conveyance feature. Sec. 86-58. Operation of motor vehicles in City drainage easements, drainage ditches, and drainage rights-of-way prohibited. It shall be unlawful to operate a motor vehicle or off-highway motor vehicle upon or in any watercourse, drainage way, natural channel, stream or other location that has been dedicated, granted, or conveyed to, or acquired by, the City as a drainage easement, drainage ditch, or drainage right-of-way. Section 86-59. General limitation on operation of motor vehicles and off-highway motor vehicles on unimproved land. (a) It shall be unlawful to operate any motor vehicle upon or in any watercourse, drainage way, natural channel, stream, or any unimproved land that has been dedicated, granted, or conveyed to, or acquired by, the City, except within areas clearly designated and set aside for motor vehicle use such as paved, graveled, or graded roadways, driveways, alleys, and designated parking areas. 50594295.2 (b) No person shall operate any motor vehicles or off-highway motor vehicles within any canal, ditch, or other watercourse or waterway, perennial or intermittent, within the City, regardless of whether any water is flowing in such watercourse or waterway at the time. (c) No person shall operate any motor vehicle or any off-highway motor vehicle on any irrigation ditch banks or levees. (d) The operation of all motor vehicles and all off-highway motor vehicles on designated trails and similar pedestrian passages and pedestrian rights-of-way that have been dedicated, granted, or conveyed to, or acquired by, the City is expressly prohibited. Sec. 86-60. Posting of warning signs. The Director of Public Works, or his or her designee, is authorized to erect and post signs along drainage easements, drainage ditches, drainage rights-of-way, and other unimproved lands warning persons that operation of all motor vehicles and all off-highway motor vehicles is prohibited. Sec. 86-61. Exceptions: Public safety and maintenance vehicles and vehicles operated by property owners; Proof of authorization. The foregoing limitations and prohibitions contained in sections 86-58. and 86-59. shall be subject to the following exceptions for permitted uses, which shall be strictly construed: (a) Operation of a motor vehicle on private property by the owner of such private property; (b) Operation of public safety vehicles on any lands, public or private; and (c) Operation of maintenance and service vehicles of the City, Guadalupe County, Bexar County, Comal County, CCMA, or GBRA, as well as any other authorized public bodies, including the contractors and agents thereof, on the land, easements, and rights-of-way of such public bodies. Any person operating any motor vehicle or off-highway motor vehicle on unimproved land with the written approval of the owner thereof shall have such written approval in his or her possession and available for inspection at all times while operating the motor vehicle or off-highway motor vehicle on such lands. Section 86-62. Penalties––Misdemeanor; Fine; Towing. (a) Any person who shall violate any of the provisions of sections 86.57. through 86.61. of this chapter 86, article II shall be deemed guilty of a class C misdemeanor and upon conviction thereof shall be punished by a fine not to 50594295.2 exceed more than two hundred dollars ($200.00). Each day any violation shall continue shall constitute a separate offense. (b) In addition, if a person is convicted of violating, or pleads no contest to the charge of violating, the provisions of sections 86.57. through 86.61. of this chapter 86, article II, the City shall be authorized, in connection with any subsequent violation of sections 86.57. through 86.61. of this chapter 86, article II within one (1) calendar year from the initial violation or plea of no contest, to cause the vehicle involved in the subsequent violation to be towed and stored by an authorized wrecker service. Such vehicle will only be released to the owner upon payment of all towing and storage fees duly imposed by the wrecker service provider. If the person operating the motor vehicle does not appear to be the registered owner thereof, the City shall cause notice of the towing to be sent by certified or registered mail or delivered by other reliable means, including personal service, to the registered owner of the vehicle shown in the records of the State’s motor vehicle division. 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, 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 as of February 1, 2013 and any publication required by law. 50594295.2 PASSED ON FIRST READING, the 15th day of January, 2013. PASSED, APPROVED, and ADOPTED ON SECOND READING, the ____ day of _____________, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) January 9, 2013 CITY OF SCHERTZ PUBLIC WORKS DEPT. 10 COMMERCIAL PLACE SCHERTZ, TX 78154 PHONE # 619-1800 FAX # 619-1849 Price Quote JOB DESCRIPTION: Drainage Signs MATERIALS QTY UNIT COST TOTAL COST 12x18 Signs 12 3.17 ea $38.04 Wedges and Sockets 12 12.95 ea $155.40 Clamps 24 3.50 ea $84.00 10' Sign Post 12 17.95 ea $215.40 -$ -$ -$ SIGNS TOTAL $492.84 MATERIALS QTY UNIT COST TOTAL COST MATERIALS TOTAL LABOR HOURS COST/HOUR TOTAL COST Sign Tech II 4 20.75$ $83.00 Sign Tech I 4 18.75$ $75.00 LABOR TOTAL $118.50 EQUIPMENT HOURS COST/HOUR TOTAL COST Sign Truck 3/4 Ton 4 $35.00 $140.00 EQUIPMENT TOTAL $140.00 Subtotal $751.34 Administration fee 15%n/a Grand Total $751.34 Materials needed to Fabricate and install Signage for drainage throughout City.