The URL can be used to link to this page

01-29-2013 Amended Agenda with BackupSCHERTZ CITY COUNCIL REGULAR SESSION HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 01-29-2013 Council Agenda AMENDED AGENDA TUESDAY JANUARY 29, 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) 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. Workshop Item • Coat of Arms for the City of Schertz – Presentation, discussion, and direction regarding a Coat of Arms for the City of Schertz. (Mayor Carpenter/B. James) Presentation/Discussion and/or Action Items 01-29-2013 City Council Agenda Page - 2 - 1. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees – Consideration and/or action regarding appointments/reappointments and resignations to City Boards, Commissions, and Committees. (B. Cantu/B. Dennis/C. Raleigh) 2. Ordinance No. 13-F-03 - Consideration and/or action approving Ordinance No. 13- F-01 Granting Cibolo Waste Incorporated, DBA Bexar Waste Inc., a Franchise for Municipal Solid Waste Collection, Recycling, and Household Hazardous Waste Collection and Disposal Program; imposing provisions and conditions relating to the exercise of same; and providing for penalties not to exceed $200 for violation thereof; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance. First Reading (J. Bierschwale/S. Willoughby) 3. Resolution No. 13-R-07 – Presentation and consideration and/or action approving a Resolution adopting an Amendment to the Articles of Incorporation and Bylaws of the Cibolo Valley Local Government Corporation to reflect the change in membership of the Cibolo Valley Local Government Corporation; executing an amendment to the Memorandum of Understanding with the Corporation to reflect the changes to the Corporation’s Membership; providing for severability; repealing conflicting resolutions; and establishing an effective date. (J. Bierschwale/S. Willoughby/A. Cockrell) 4. Ordinance No. 13-M-04 – Consideration and/or action approving Ordinance No. 13- M-04 authorizing an amended and restated Certificate of Formation of the City of Schertz Economic Development Corporation; approving amended and restated Bylaws of such Corporation; appointing Directors to the Board of Directors of such Corporation; and other matters in connection therewith. First Reading (J. Kessel/D. Gwin) 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. 5. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of January 15, 2013. (J. Kessel/B. Dennis) 6. 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. Final Reading (J. Bierschwale/L. Busch) 7. 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 01-29-2013 City Council Agenda Page - 3 - 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. Final Reading (J. Bierschwale / J. Hooks) 8. Resolution No. 13-R-05 – Consideration and/or action approving a Resolution authorizing the EMS Billing Debt Revenue Adjustments for inactive outstanding accounts receivables after 180 days of non payment and other matters in connection therewith. (J. Bierschwale/D. Wait) 9. Resolution No. 13-R-06 – Consideration and/or action approving a Resolution authorizing the Utility Billing Debt Revenue Adjustments for inactive outstanding accounts receivables after 180 days of non payment and other matters in connection therewith. (J. Bierschwale/C. Spence) Roll Call Vote Confirmation 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 551.074 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 10. Take any action deemed necessary as a result of the Executive Session. Requests and Announcements 11. Announcements by City Manager 01-29-2013 City Council Agenda Page - 4 - • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 12. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 13. Requests by Mayor and Councilmembers to City Manager and Staff for information. 14. 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 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 26th DAY OF JANUARY 2013 AT 6:00 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 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. 01-29-2013 City Council Agenda Page - 5 - COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter TIRZ II Board Hal Baldwin Scholarship Committee Audit Committee Investment Advisory Committee 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 29, 2013 Department: City Secretary Subject: Boards, Commissions, and Committees appointments and re-appointments BACKGROUND The Interview Board for Boards, Commissions, and Committees met on January 11, 2013 and conducted interviews for new appointments to various boards, commissions and committees. The Board also discussed and determined re-appointments to various boards, commissions, and committees. Per the new Boards and Commissions Interview Program, the City Secretary’s office: • Requested for a letter of commitment from all members of various Boards and Commissions. • Requested feedback from chairs/president of Boards and Commissions regarding what is needed and/or missing from Boards and Commissions. • Created an interview board that consisted of representatives from Council, Boards and Commissions, and staff to interview new applicants for vacant positions. • Coordinated interviews for all new applicants – individuals who wanted to serve on a board, commission, and/or committee that are currently not serving as well as individuals who are currently serving, but asked to be appointed to another board, commission, or committee. The Interview Board consisted of: Mayor Carpenter, Brian James, David Richmond, Councilmember Scagliola, Roy Richard, and Tim Brown The Board agreed to recommend to Council to re-appoint the following individuals to various boards and/or commissions with a term expiration date of May 2014: • Board of Adjustment o Richard Dziewit – Vice Chair o Earl Hartzog o David Reynolds • Library Advisory Board o Sonia Samora o Sandy Keiser City Council Memorandum Page 2 o Neota Brady o Carol Cyr o Bobbie Boyce o Patti Dilworth • Economic Development Corporation o Marvin Thomas o Matthew Duke o Rosemary Scott • Parks and Recreation Advisory Board o Robert Wallace o Patrick Russell o Sally Macias o Samantha Henness o Aundra Davis • Planning and Zoning Commission o Ernest Evans – Vice Chairman o Ken Greenwald o Bert Crawford • Historical Preservation Committee o Gail Hyatt o Dean Weirtz o Debbie Krause o Tom Dekunder o Merle R. Behne o Lou Foehrkolb • Traffic Safety Advisory Commission o Gary Preston The board agreed to recommend to Council the following actions regarding the appointment of individuals to various boards and/or commissions with a term expiration date of May 2014: • Board of Adjustment o Move Reginna Agee from Alternate #2 to Alternate #1 o Appoint Mark Tew to Alternate #2 • Library Advisory Board o Move Shonale Burke from Alternate #1 to Regular Member o Move Patti Dilworth from Alternate #2 to Alternate #1 o Appoint Joanne Ward to Alternate #2 • Economic Development Corporation o Appoint Grady Morris as a Director City Council Memorandum Page 3 • Planning and Zoning Commission o Move Michael Dahle from Alternate #2 to Regular Member • Historical Preservation Committee o Appoint Stephanie Warshaw as a Regular Member o Appoint Julian Bugarin as a Regular Member • Traffic Safety Advisory Commission o Move Mark Davis from Alternate #1 to Regular Member o Move Gary Preston from Alternate #2 to Regular Member o Appoint Larry Franklin, Steven Crawford, and Phillip Rowland as Regular Members If the above appointments and re-appointments are approved by Council, the following positions will remain open and need to be filled as interest arises: Planning and Zoning Commission • Two Alternate Positions Traffic Safety Advisory Commission • One Regular, Two Alternate Positions The Board is recommending to place all individuals who applied for a position on a board, commission, or committee except for Ms. Yolanda Suarez and Mr. Patrick Russell. Ms. Suarez has expressed her interest in the Council position, therefore, the committee wanted to wait until after the Council appointment. If she were to be appointed to Council, she would leave any position on a board or commission vacant. Ms. Suarez is currently serving on the Parks and Recreation Foundation. Mr. Patrick Russell was not available on Friday for a phone interview. He currently serves on Parks and Recreation Advisory Board, but wanted to serve a second position on another board or commission. Due to the fact he did not get interviewed, the committee opted to leave him on the Parks and Recreation Advisory Committee and not appoint him to a second position. FISCAL IMPACT None RECOMMENDATION Staff recommends Council appoint and re-appoint individuals to various boards, commissions, and committees per the recommendation of the Interview Board. Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: January 29, 2013 Department: Public Works Subject: Ordinance No. 13-F-03 - Amending Ordinance 11-F-35 - Bexar Waste Franchise Renewal (First Reading) BACKGROUND The Solid Waste Franchise contract with Bexar Waste was extended on November 15, 2011 for an additional two years ending December 31, 2013. Council requested staff and legal council work together to acquire a new contract with Bexar Waste and bring it back to council for discussion. The discussion at the Council meeting on December 18, 2012 led to this agreement which includes the remainder of 2013 and an additional 6 years ending December 31, 2019 (for a total of seven (7) years) with an option to extend an additional 6 years. Mr. Henry Gutierrez is in full agreement with this contract. Below are the current and proposed rates for the 7 year contract. Current Rates (ending 12/31/13) 2012-Residential $11.36, Recycling $1.87- Total $13.23 2013- NO CHANGE, same as 2012 Proposed Rates (1/1/14 through 12/31/18) 2014-Residential $11.70, Recycling $1.93- Total $13.63- increase of 2.98% 2015-NO CHANGE, same as 2014 2016-Residential $12.05, Recycling $1.99- Total $14.04-increase of 2.98% 2017-NO CHANGE, same as 2016 2018-Residential $12.41, Recycling $2.05- Total $14.46-increase of 2.98% 2019- NO CHANGE, same as 2018 *Commercial Rates will adjust accordingly, 2.98% every other year. Goal Continue to provide high quality solid waste disposal services. Secure a long term rate schedule. Community Benefit All residents will continue to receive great service at an affordable cost. The city continues to receive the lowest rates in comparison to our surrounding cities even with the proposed rate increases. Bexar Waste also utilizes local Schertz businesses such as Schertz Bank and Trust, Wright Oil, GCR Tires and Becks Landfill for his day to day operations. Summary of Recommended Action Staff recommends Council approve Ordinance No. 13-F-01 authorizing an extension of seven (7) years, starting March 6, 2013 until December 31, 2019 with an option to renew for an additional six (6) years. FISCAL IMPACT Continued collection of franchise fees with scheduled rate increases. RECOMMENDATION Staff recommends Council approve Ordinance No.13-F-03 First Reading. ATTACHMENTS Ordinance 13-F-03 Exhibit A: Ordinance 11-F-35 50553904.6 ORDINANCE NO. 13-F-03 AN ORDINANCE GRANTING CIBOLO WASTE INCORPORATED, DBA BEXAR WASTE INC., A FRANCHISE FOR MUNICIPAL SOLID WASTE COLLECTION, RECYCLING, AND HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL PROGRAM; IMPOSING PROVISIONS AND CONDITIONS RELATING TO THE EXERCISE OF SAME; AND PROVIDING FOR PENALTIES NOT TO EXCEED $200 FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. WHEREAS, it is found to be in the public interest and necessary to protect the health and safety of the citizens of Schertz to have a municipal solid waste collection and disposal service in the City of Schertz, Texas; and WHEREAS, pursuant to Ordinance Nos. 01-F-2, 03-F-22, 07-F-07, and 11-F-35, the City has had a two-year renewing non-exclusive franchise relationship with the Franchisee named below; and WHEREAS, City staff recommends that the City Council award a seven-year non- exclusive Franchise to the Franchisee; and WHEREAS, the City Council has reviewed the Franchisee’s record of service and continues to be satisfied with the qualifications of the Franchisee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I. Section 1. SHORT TITLE. This Ordinance shall be known and may be cited as the Bexar Waste Municipal Solid Waste Collection and Disposal Franchise Ordinance of the City of Schertz, Texas. Section 2. DEFINED TERMS. a. Municipal Solid Waste or MSW is defined as garbage, trash, refuse, brush, yard waste, and other waste generated in residences and commercial establishments as well as debris resulting from traffic accidents in the City (excluding wrecked or disabled vehicles which are removable by a wrecker service). b. White Waste is defined as refrigerators, washing machines, tires, large pieces of furniture or other bulky items. c. Temporary is defined as any period of less than thirty (30) days. 50553904.6 2 d. Permanent is defined as any period thirty (30) days or more. e. Household Hazardous Waste is defined as toxic automotive products; fungicides, herbicides, insecticides, and weed killers; toxic household products; paints, thinners, and other wood treatment products. f. Recycling is defined as the curbside residential collection of that fraction of MSW that is reusable and has resale value. Section 3. GRANTS OF AUTHORITY a. Grant of Franchise. There is hereby granted by the City of Schertz (the “City”), to Cibolo Waste Incorporated, dba Bexar Waste Inc., a corporation organized under the laws of the State of Texas (the “Franchisee”), the right and privilege to operate and maintain within the City of Schertz a service for the collection and disposal of MSW. The relationship of the Franchisee and the City is purely contractual. No other function or relationship is implied. b. Non-Exclusive Franchise. The right and privilege granted herein by the City to the Franchisee for the purpose set forth shall not be exclusive. The City reserves the right to grant additional franchises for the collection and disposal services set forth in this Ordinance. c. Use of Public Ways. The City hereby grants the Franchisee, under the terms, conditions, and consideration of this Ordinance, renewed and extended permission for the occupation or use of the streets, alleys, easements, and public ways within the City of Schertz for the purpose of collection and disposal of MSW, to the extent necessary to accomplish the objects of this Ordinance. Section 4. INDEMNIFICATION, INSURANCE AND BONDS. a. Indemnification. THE FRANCHISEE SHALL INDEMNIFY AND SAVE HARMLESS THE CITY, AND ALL AGENTS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES THEREOF FROM AND AGAINST ANY AND ALL LOSS SUSTAINED BY THE CITY ON THE ACCOUNT OF ANY SUIT, JUDGMENT, CLAIM, OR DEMAND WHATSOEVER, RESULTING FROM THE NEGLIGENCE ON THE PART OF THE FRANCHISEE, ITS AGENTS, OR EMPLOYEES IN THE PERFORMANCE OF SERVICES UNDER THIS ORDINANCE. The provisions of this Section 4.a. shall survive the termination of this franchise as to events occurring during the term of this franchise or as to claims made regarding such events for a period of two (2) years following the termination of this franchise. b. Insurance. The Franchisee agrees to carry general liability insurance naming the City as additional insured in the minimum amount of $1,000,000 for each occurrence and $2,000,000 annual aggregate; automobile liability naming the City as additional insured in the amount of $1,000,000 combined single limit, and worker compensation/employer liability insurance. (1) Such policy or policies shall provide by endorsement that it may only be cancelled or amended by the insurance company only after thirty (30) days’ prior written notice to the City Manager. 50553904.6 3 (2) A certificate or certificates issued by the insurer evidencing the coverage, cancellation, and amendment provisions set forth in this Section 4b. must be submitted to and approved by the City Attorney no later than the date of second and final reading of this Ordinance, and a certificate or certificates issued by the insurer confirming the continuing effectiveness of such coverage, cancellation, and amendment provisions shall be submitted to the City Secretary no later than January 10 of each year of this franchise commencing January 10, 2014. (3) Upon written request by the City Manager either the original policy (or policies) or copies certified by the insurer must be delivered to the City Secretary. c. Bond. The Franchisee shall furnish an annually renewable bond to the City in the amount of $300,000 guaranteeing the faithful performance of the Franchisee’s obligations under the terms of this Ordinance, which bond shall be in force no later than the date of second and final reading and be subject to these requirements: (1) The bond shall be conditioned upon the requirement that the Franchisee shall well and truly observe, fulfill, and perform each term and condition of this franchise and that in case of any breach of condition of the bond, an amount (subject to the required dollar limits of the bond) shall be recoverable from the principal and surety thereof by the City for all liquidated damages for the failure of the Franchisee to well and faithfully observe and perform any provision of this Ordinance, and for any amount billed to the Franchisee by the City for the cost of the City’s performing or causing to be performed the Franchisee’s obligations hereunder. (2) Such bond must provide by endorsement that it cannot be cancelled or amended by the bonding company prior to thirty (30) days’ written notice to the City Manager. (3) Such bond shall be in a form and contain such additional provisions as may be required by the City Attorney. (4) Such bond shall be executed by the Franchisee as principal and one or more sureties approved by the City Manager. (5) Either the bond or bonds or copies thereof certified by the surety must be on file with the City Secretary of the City. d. Termination. Failure of the Franchisee to comply with the provisions of this Section 4. shall be cause for termination of this franchise as set forth in Section 10.c. 50553904.6 4 Section 5. MINIMUM QUALITY AND PERFORMANCE STANDARDS. Acceptance of this Ordinance by the Franchisee carries with it expectations of both efficiency and quality of service by the Franchisee. The standards below are considered minimum standards. a. Quality of Service. Customer satisfaction is the ultimate measure of the quality of service. The Franchisee will make every reasonable effort to insure the rate paying customer is treated with due courtesy and respect. The property of the customer will be treated without abuse. Informal complaints will be resolved as quickly as possible with the customer receiving the benefit of the doubt. Formal complaints will be resolved as provided in Section 13. b. Equipment and Maintenance Thereof. All equipment, including motor vehicles and trucks necessary for the performance by the Franchisee of this Ordinance shall, on the effective date of the franchise granted by this Ordinance, be in good condition and repair. Stand-by equipment shall always be available. The trucks used in collection of MSW shall be all metal, watertight, with completely enclosed "Packer" type bodies that are designed and manufactured for the collection of garbage and refuse. Such collection vehicles shall be painted and numbered in letters of a contrasting color on each side of the vehicle and maintained in a mechanically sound and safe condition. All vehicles shall be kept in a clean and sanitary condition and shall be cleaned inside and outside at least once each week. c. Times and Frequencies of Pickup and Holidays. (1) The Franchisee shall make no collections in residential areas prior to 7:00 a.m., and collections in business districts shall not be commenced earlier than 6:00 a.m. When a business is within 500 feet of a residence, the residential area times will apply. (2) There shall be once a week pickup of MSW for all residential customers who have been provided uniform 96 gallon MSW containers by the Franchisee at no charge to the customer (“Zone 1”). If no such container has been provided to a residential customer, there will be twice weekly pickup of MSW from such customers (“Zone 2”). The Franchisee shall provide the City and update from time to time a current map of the City showing Zone 1 and Zone 2 residential customers. The number of pickups may vary for commercial activities, which shall be established by separate contract between the Franchisee and the customer. Upon written request by the City, the Franchisee shall provide the City with a summary of all such commercial pickup arrangements. (3) Collection will be made for all residential accounts twice weekly regardless of National or State holidays, except for Christmas Day, New Year’s Day, July 4, and Thanksgiving Day. The Franchisee may observe any or all the holidays noted above. However, the Franchisee shall collect MSW at least one day per cycle during those weeks when holidays are observed. 50553904.6 5 d. Routes and Pickup Points. (1) The Franchisee will provide proposed routes for purposes of the collection of regular garbage, small brush and limb pickup as follows: Zone 1 Monday Tuesday Wednesday Zone 2 Monday and Thursday Tuesday and Friday Wednesday and Saturday The City must approve such routes prior to commencement of operations. (2) Trash containers shall be placed so that they are accessible from the curbline without the collector entering upon private property. Special cases to allow for front building line collection will be authorized by mutual agreement of the Franchisee and the City when the residents at any house are mentally or physically incapable of placing containers at the curbline. (3) No trash containers will be placed on the curbline by the customer earlier than twenty-four (24) hours prior to the time of collection nor later than twenty-four (24) hours after the time of collection. e. Types of Containers. Trash containers shall be watertight receptacles of solid and durable grade of metal or plastic, not to exceed thirty (30) gallons in capacity (except as set forth in Section 4.c.(2)) or plastic or other waterproof bags manufactured for the purpose of containing garbage or refuse; the combined weight of the garbage and container shall not exceed seventy-five (75) pounds. Containers shall be provided with suitable lifting handle or handles on the outside and close-fitting cover equipped with a handle. The container must not have any inside structures, such as inside bands, and reinforcing angles or anything within the container to prevent free discharge of the contents. Containers that have deteriorated or that have been damaged to the extent of having jagged or sharp edges capable of causing injury to garbage collectors or other persons whose duty it is to handle the containers, or to such an extent that the covers will not fit securely, need not be accepted by the Franchisee. f. Special Pickups. The Franchisee shall invoice the City for all Special Pickups the Franchisee’s actual costs (which shall not include a Franchisee’s overhead charge) for the City’s use in invoicing customers. (1) Brush and Trees. All brush and large trimmings to be collected by the Franchisee shall be placed by customers at the curbline. Trees, brush, and limbs cannot exceed four inches (4”) in diameter nor five feet (5’) in length. All limbs and brush must be in bundles not to exceed sixty (60) pounds each. Leaves 50553904.6 6 and grass clippings and small brush items are to be placed in cardboard containers, plastic trash bags, or trash cans. (2) Dead Animals. Dead animals shall not be placed in trash containers. Dead animals in excess of seventy-five (75) pounds are not required to be accepted by the Franchisee. Dead household pets shall be picked up by the Franchisee at no charge. The City’s animal services department will pick up other dead small animals at no charge, and the Franchisee will in turn pick up those dead small animals from the City’s animal services department at no charge to the City. The Franchisee shall pick up large dead animals located in a right-of-way. If such dead large animal identifiably belongs to an individual or entity (i.e., a cow that has been identifiably branded or tagged), such individual or entity shall pay the Franchisee the charge associated with the pick-up. However, if the dead large animal does not identifiably belong to an individual or entity (i.e., a wild deer), the City shall pay the cost for the pick-up. The owner shall be responsible for the removal and disposal of large dead animals, such as cows, horses, mules, and goats. (3) Traffic Accident Debris. The Franchisee will provide 24-hour a day, 7 days a week, pick up service of debris resulting from traffic accidents upon telephone or radio notice from the City by a police officer or other City employee. The Franchisee may invoice and collect from the individual(s) or company(ies) involved in such traffic accident or their respective insurers for the collection and disposal of accident materials. The Franchisee will have no obligation to remove wrecked or disabled vehicles. If the Franchisee fails to adequately respond with a roll-off unit or other suitable equipment (all as determined by the City) within one (1) hour, the Franchisee agrees that the City may contact another person or entity of the City’s choosing to remove such debris, and all costs incurred by the City as a result thereof shall be reimbursed to the City by the Franchisee within ten (10) business days of the City’s invoicing of the Franchisee. In such case, such person or entity shall not be required to hold a solid waste disposal franchise with the City. (4) Special Services. The Franchisee will provide services for special residential pickups, such as new move-ins, tree trimming, and similar circumstances. The Franchisee may charge a fee for this service to be billed by the City. g. Area of Service and Interruption in Service. (1) The Franchisee will collect MSW and recycling material from all residences and MSW from all commercial businesses in the City not delinquent in the payment for the authorized services provided, or as directed by the City. (2) In the event that the collection and disposal of MSW shall be interrupted by any reason for more than forty-eight (48) hours, the City shall have the right to make temporary independent arrangements for the purpose of 50553904.6 7 continuing this necessary service to its citizens in order to provide and protect the public health and safety. Costs of the temporary independent arrangements shall be borne by the Franchisee and shall be reimbursed to the City by the Franchisee within ten (10) business days of the City’s invoicing of the Franchisee. (3) If the interruption in service described in the paragraph next above continues for a period of thirty (30) days, the City shall have the right to terminate the rights and privileges granted in this Ordinance. h. Office Hours, Staffing, and Service Logs. (1) The Franchisee shall establish and maintain an office in the City with telephone service and shall keep said office open for business from 9:00 a.m. to 5:00 p.m. each and every day except Saturday, Sunday and legal national holidays, as a minimum. (2) The office mentioned in subsection 5h(1) shall be staffed with sufficient competent personnel to handle calls and inquiries during office hours. A daily log of all service calls, complaints and inquiries taken therein shall be maintained by the Franchisee and be available to the City upon request. Section 6. TEMPORARY AND PERMANENT ROLL-OFF CONTAINERS. Rocks, waste, scrap, building materials, or other trash resulting from construction or major remodeling; resulting from a general cleanup of vacant or improved property just prior to its occupancy; or resulting from sizable amounts of trees, brush, and debris cleared from property in preparation for construction, will be removed by the Franchisee as part of the Franchisee’s regular service but rates will be derived from approved rates described in Section 16. Section 7. CHANGES IN TIMES AND ROUTES OF COLLECTION. The City Council reserves the right to change or alter the times and routes of collection. The Franchisee shall be given at least five (5) days’ notice if any such action is scheduled to be discussed by City Council. No changes in collection schedule or routes shall be made by the Franchisee without approval by the City. Section 8. DISPOSAL OF MSW. The Franchisee shall have the responsibility for the disposal of all MSW collected under this Ordinance, and all of such materials shall be disposed of in compliance with the laws of the State of Texas and/or the rules, regulations and standards established from time to time by the Federal Government of the United States of America and the Texas Commission on Environmental Quality. 50553904.6 8 Section 9. SERVICES TO THE CITY. a. City Property Pickup. The Franchisee will provide pickup twice weekly for the City at all City properties at no cost to the City. Containers used by the City will be of the size and type appropriate to the volume and characteristics of material. b. Special City Events. The Franchisee will provide special pickup during not more than ten (10) City annual events (designated each year by the City in writing to the Franchisee) at no charge. Placement of containers will be at the direction of the Director of Public Works. The Franchisee will provide one twenty (20) cubic yard roll-off container at no charge to the City for each such event. c. White Waste. Twice each year, the Franchisee will pick up White Waste. (1) The Franchisee will provide special pickup services daily at designated locations during the Schertz Annual Spring Cleanup. This pickup will include large household appliances, furniture (and other bulky items) tires or other material not normally collected during twice weekly pickup. The dates will be established by the City. This service will be at no cost to the City or the public. Notice of the Cleanup dates shall be published in local media at the expense of the Franchisee. (2) The Franchisee will provide special pickup services daily at designated locations during the Schertz Annual Fall Cleanup. Scheduling will be at the discretion of the Franchisee, with a minimum of 150 days between the Schertz Annual Spring Cleanup and the Schertz Annual Fall Cleanup. This pickup will include large household appliances, furniture (and other bulky items) tires or other material not normally collected during twice weekly pickup. This service will be at no cost to the City or the public. Notice of the Cleanup dates shall be published in local media at the expense of the Franchisee. d. Household Hazardous Waste. (1) Twice each year in conjunction with the Spring and Fall cleanup period, a program to collect and dispose of Household Hazardous Waste will be planned and conducted by the Franchisee. The cost of this program will be borne by the Franchisee. The Franchisee will provide documents detailing costs for each event and recommend adjustments to the program based on participation levels and volume of material collected. (2) The Franchisee may, with approval by the City, engage a third party to collect and dispose of Household Hazardous Waste where such materials constitute a serious health hazard or the materials require special handling beyond the capabilities of the Franchisee. Any program established will fully comply with the laws of the State of Texas and rules established by the Texas Commission on Environmental Quality. 50553904.6 9 e. Biohazardous Waste. The Franchisee will make provisions for the disposal of biohazardous waste resulting from City operations at no cost to the City. Section 10. DURATION OF THE FRANCHISE AND RENEWAL OPTIONS; TERMINATION. a. Term and Acceptance. Subject to the requirements relating to insurance and the performance bond set forth in Sections 4.b.(2) and 4.c., this Ordinance and the rights, privileges, and authority hereby granted shall take effect and be in force from and after final passage hereof, as provided by law, and shall continue in force and effect for a term ending December 31, 2019, provided that, within thirty (30) days after the adoption of this Ordinance on second reading, the Franchisee shall file with the City its unconditional acceptance of this Ordinance and promise to comply with and abide by all of its provisions, terms, and conditions. Such acceptance and promise in writing shall be duly executed, and sworn to by an authorized official of the Franchisee on behalf of the Franchisee before a notary public or other officer authorized by law to administer oaths. b. Renewal. This Ordinance may be renewed for an additional period of six (6) years unless either the City or the Franchisee gives written notification of the termination of this Ordinance to the other one-hundred twenty (120) days prior to the expiration of the seven (7) year term of this Ordinance. c. Termination. (1) The City may terminate this franchise for failure by the Franchisee to comply with the provisions of Section 4.a. (Indemnification), 4.b. (Insurance), and/or 4.c. (Performance Bond). Upon the City’s determination that the Franchisee has failed to comply with any or all of such provisions, the City may notify the Franchisee in writing that it is exercising its right to terminate this franchise on thirty (30) days’ (or longer, at the option of the City) written notice to the Franchisee; provided, the termination of this franchise by the City due to the Franchisee’s failure to comply with Section 4.a. shall not terminate the Franchisee’s contractual obligations to the City and all agents, officers, employees, and representatives of the City under such Section 4.a. (2) The City may terminate this franchise as a result of the Franchisee having twenty-five (25) or more unresolved complaints outstanding as set forth in Section 13. The City may notify the Franchisee that it is exercising its right to terminate this franchise on thirty (30) days’ (or longer, at the option of the City) written notice to the Franchisee. (3) The City may terminate this franchise for failure by the Franchisee to comply with any other provision of this Ordinance if (a) the City has notified the Franchisee in writing of such failure and the Franchisee has failed to correct such failure to the satisfaction of the City within thirty (30) days (or longer period, at the option of the City) of the receipt of such notice or (b) the City has 50553904.6 10 notified the Franchisee in writing of such failure twice within a six (6) month period. Such termination shall be effective upon thirty (30) days’ (or longer, at the option of the City) written notice to the Franchisee. (4) Following receipt of notice of termination under 10.c.(1), (2), or (3) above, the Franchisee shall be responsible for continuing compliance with all provisions of this Ordinance until the effective date of termination unless explicitly directed otherwise in writing by the City. Section 11. SEPARABILITY, COMPLIANCE WITH APPLICABLE LAWS, AND NON- CONTESTABILITY BY THE FRANCHISEE. a. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holdings shall not affect the validity of the remaining portions thereof. b. City Regulations. At all times during the term of this Ordinance, the Franchisee shall be subject to all lawful exercise by the City of its police power and to such reasonable regulations as the City shall from time to time provide, pursuant to the exercise of such police power. c. Rights of City. The Franchisee, by acceptance of this Ordinance, expressly acknowledges and accepts the right of the City to issue such franchise and further agrees to fully comply with all appropriate regulations promulgated by any appropriate government agency of competent jurisdiction. Section 12. SALE, TRANSFER, OR ASSIGNMENT OF FRANCHISE RIGHTS OR ASSETS. The Franchisee shall not sell, transfer, or assign its rights under this Ordinance, or substantially all of its assets, to any other person or corporation without the prior written approval of the City Council, such approval not to be unreasonably withheld. Section 13. COMPLAINTS AND RESOLUTION. a. Complaints. Complaints from or by the public or a particular customer must be in writing and mailed (or presented) to the City Manager or designated representative for action. b. Penalties. The Franchisee will pay a penalty of not less than $25 or more than $200 for each customer complaint not satisfactorily resolved. Satisfactory resolution will be determined by the City Manager. The Franchisee may appeal to City Council, which will make a final determination. The penalty will be deducted from the Franchisee proceeds the for billing cycle following City Manager determination unless appealed, in which case City Council will provide further instruction. Twenty-five (25) unresolved complaints will be a basis for contract review by City Council for possible franchise termination. 50553904.6 11 Section 14. INVESTIGATION AND PUBLIC HEARING. The City Council shall have full power to examine or cause to be examined at any time, and at all times, the books, papers and records of the Franchisee with relation to the operation of the MSW collection system within the City of Schertz. In this connection, the City shall have the right, through its City Council, to take testimony and compel the attendance of witnesses or the production of books, papers and records and to examine witnesses under oath and under such rules and regulations as it may adopt. If any officer, agent, or employee of the Franchisee refuses to give testimony before the City Council, the City Council shall have power to terminate this Ordinance. Section 15. NOTICES. Where written notices are provided for in this Ordinance, same shall be sufficient to notify the Franchisee if mailed by certified mail to the proper address as specified on page S-2 in this Ordinance and shall be sufficient to notify the City if mailed by certified mail to City of Schertz, 1400 Schertz Parkway, Schertz, Texas 78154, Attention: City Manager. Section 16. SERVICE RATES. Rates for services provided under this Ordinance are contained in Exhibit “A” attached hereto and incorporated herein for all purposes. Section 17. BILLING, COLLECTION, AND PAYMENT. a. Billing and Collection. For the purpose of convenience, the billing and collection of the charges levied for all MSW service shall be done by the Utilities Department of the City, and all such fees shall be payable at the Municipal Offices. The City will prorate a new customer service to the nearest half-month charge relative to the commencement of service. (Service shall be considered commencing when water is turned on to that customer). All charges shall be due and payable each month concurrent with utility bills, and, if not paid on or before the due date, the City shall assess a ten percent (10%) penalty for delinquency and collection expenses. Utilities will be discontinued by the City for lack of payment of any garbage bill or any part thereof. b. Franchise Fee. The Franchisee shall be paid by the City at the rate of eighty-five percent (85%) of the amount collected, excluding penalties and excepting recycling fees, for each customer served for which billing is made by the City. The Franchisee shall be paid what is due within ten (10) days after closing date of each billing period with the last month payment hereunder to be made during the first calendar month after the expiration of the term hereof or after the cancellation hereof, as the case may be. Section 18. RECYCLING a. Frequency of Pickup. The Franchisee will collect recyclable material once each week from residences wishing to participate. Each residence address will be charged a fee for this service, whether participating or not. The Franchisee will transport such collected recyclables. 50553904.6 12 b. Recycling Containers. The Franchisee shall provide appropriate bins for recycling to each residence at no charge. Bins will be replaced at the City’s expense if the bins are stolen and a police report corroborates the theft. Additional bins may be purchased by the homeowner or resident at the City’s cost. c. Customer Participation. Participation in the recycling program is voluntary but highly encouraged. Failing to actively participate does not relieve the homeowner or resident from payment of recycling fees. d. Recycling Proceeds. The proceeds from the Franchisee’s sale of recycling materials shall be retained by the Franchisee. Section 19. PENALTIES . a. Providing Franchise Service Without a Franchise. Any person or entity who shall perform franchise services described in this Ordinance, without authority of a duly awarded franchise and payment of consideration, shall be cited by the appropriate City agency, and shall be subject to a penalty not to exceed two hundred dollars ($200) for each and every day such a service is unlawfully performed. b. Failure to Provide Services By Franchisee. Any person or entity, upon being named a Franchisee and awarded a franchise under this Ordinance, who fails to provide the services described in this Ordinance, shall be cited by the appropriate City agency, and is subject to a fine of two hundred dollars ($200) for each and every day such service is not performed. c. Failure of Franchisee to Meet Service Standards. Any person or entity, upon being named a Franchisee and awarded a franchise under this Ordinance, who fails to comply with the service standards described in this Ordinance shall be cited by the appropriate City agency, and is subject to a fine of one hundred dollars ($100) for each and every failure to comply with service standards described in this Ordinance. d. Removal of Recycling Material. Any person or entity (excepting the homeowner or resident who placed recycling material at curbside or any authorized agent of the City) who removes any recyclable material in bins, bags, or cans set at curbside for recycling collection is subject to prosecution under the laws of the State of Texas. II. City of Schertz Ordinance Nos. 01-F-2, 03-F-22, 07-F-07, 11-F-35, and any other Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed. [Remainder of page intentionally left blank.] 50553904.6 S-1 III. PASSED ON FIRST READING, the 15th day of January, 2013. PASSED, APPROVED, AND ADOPTED ON SECOND READING the ____ day of February, 2013. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz, Texas (Seal of City) 50553904.6 S-2 ACCEPTED: CIBOLO WASTE INCORPORATED, AS FRANCHISEE By: Title: Notice Address: Cibolo Waste Incorporated P.O. Box 577 Schertz, TX 78154 Attention: Henry Gutierrez STATE OF TEXAS § § COUNTY OF GUADALUPE § This instrument was acknowledged on _________________ _____, 2013 by Henry Gutierrez, President of Cibolo Waste Incorporated, a Texas corporation, on behalf of such corporation. (NOTARY SEAL) Notary Public in and for the State of Texas Commission Expires 50553904.6 Exhibit “A”- 1 Exhibit “A” Rates 50553904.6 Exhibit “A”- 2 50553904.6 Exhibit “A”- 3 50553904.6 Exhibit “A”- 4 50553904.6 Exhibit “A”- 5 50553904.6 Exhibit “A”- 6 50553904.6 ORDINANCE NO. 13-F-03 AN ORDINANCE GRANTING CIBOLO WASTE INCORPORATED, DBA BEXAR WASTE INC., A FRANCHISE FOR MUNICIPAL SOLID WASTE COLLECTION, RECYCLING, AND HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL PROGRAM; IMPOSING PROVISIONS AND CONDITIONS RELATING TO THE EXERCISE OF SAME; AND PROVIDING FOR PENALTIES NOT TO EXCEED $200 FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. WHEREAS, it is found to be in the public interest and necessary to protect the health and safety of the citizens of Schertz to have a municipal solid waste collection and disposal service in the City of Schertz, Texas; and WHEREAS, pursuant to Ordinance Nos. 01-F-2, 03-F-22, 07-F-07, and 11-F-35, the City has had a two-year renewing non-exclusive franchise relationship with the Franchisee named below; and WHEREAS, City staff recommends that the City Council award a seven-year non- exclusive Franchise to the Franchisee; and WHEREAS, the City Council has reviewed the Franchisee’s record of service and continues to be satisfied with the qualifications of the Franchisee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I. Section 1. SHORT TITLE. This Ordinance shall be known and may be cited as the Bexar Waste Municipal Solid Waste Collection and Disposal Franchise Ordinance of the City of Schertz, Texas. Section 2. DEFINED TERMS. a. Municipal Solid Waste or MSW is defined as garbage, trash, refuse, brush, yard waste, and other waste generated in residences and commercial establishments as well as debris resulting from traffic accidents in the City (excluding wrecked or disabled vehicles which are removable by a wrecker service). b. White Waste is defined as refrigerators, washing machines, tires, large pieces of furniture or other bulky items. c. Temporary is defined as any period of less than thirty (30) days. 50553904.6 2 d. Permanent is defined as any period thirty (30) days or more. e. Household Hazardous Waste is defined as toxic automotive products; fungicides, herbicides, insecticides, and weed killers; toxic household products; paints, thinners, and other wood treatment products. f. Recycling is defined as the curbside residential collection of that fraction of MSW that is reusable and has resale value. Section 3. GRANTS OF AUTHORITY a. Grant of Franchise. There is hereby granted by the City of Schertz (the “City”), to Cibolo Waste Incorporated, dba Bexar Waste Inc., a corporation organized under the laws of the State of Texas (the “Franchisee”), the right and privilege to operate and maintain within the City of Schertz a service for the collection and disposal of MSW. The relationship of the Franchisee and the City is purely contractual. No other function or relationship is implied. b. Non-Exclusive Franchise. The right and privilege granted herein by the City to the Franchisee for the purpose set forth shall not be exclusive. The City reserves the right to grant additional franchises for the collection and disposal services set forth in this Ordinance. c. Use of Public Ways. The City hereby grants the Franchisee, under the terms, conditions, and consideration of this Ordinance, renewed and extended permission for the occupation or use of the streets, alleys, easements, and public ways within the City of Schertz for the purpose of collection and disposal of MSW, to the extent necessary to accomplish the objects of this Ordinance. Section 4. INDEMNIFICATION, INSURANCE AND BONDS. a. Indemnification. THE FRANCHISEE SHALL INDEMNIFY AND SAVE HARMLESS THE CITY, AND ALL AGENTS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES THEREOF FROM AND AGAINST ANY AND ALL LOSS SUSTAINED BY THE CITY ON THE ACCOUNT OF ANY SUIT, JUDGMENT, CLAIM, OR DEMAND WHATSOEVER, RESULTING FROM THE NEGLIGENCE ON THE PART OF THE FRANCHISEE, ITS AGENTS, OR EMPLOYEES IN THE PERFORMANCE OF SERVICES UNDER THIS ORDINANCE. The provisions of this Section 4.a. shall survive the termination of this franchise as to events occurring during the term of this franchise or as to claims made regarding such events for a period of two (2) years following the termination of this franchise. b. Insurance. The Franchisee agrees to carry general liability insurance naming the City as additional insured in the minimum amount of $1,000,000 for each occurrence and $2,000,000 annual aggregate; automobile liability naming the City as additional insured in the amount of $1,000,000 combined single limit, and worker compensation/employer liability insurance. (1) Such policy or policies shall provide by endorsement that it may only be cancelled or amended by the insurance company only after thirty (30) days’ prior written notice to the City Manager. 50553904.6 3 (2) A certificate or certificates issued by the insurer evidencing the coverage, cancellation, and amendment provisions set forth in this Section 4b. must be submitted to and approved by the City Attorney no later than the date of second and final reading of this Ordinance, and a certificate or certificates issued by the insurer confirming the continuing effectiveness of such coverage, cancellation, and amendment provisions shall be submitted to the City Secretary no later than January 10 of each year of this franchise commencing January 10, 2014. (3) Upon written request by the City Manager either the original policy (or policies) or copies certified by the insurer must be delivered to the City Secretary. c. Bond. The Franchisee shall furnish an annually renewable bond to the City in the amount of $300,000 guaranteeing the faithful performance of the Franchisee’s obligations under the terms of this Ordinance, which bond shall be in force no later than the date of second and final reading and be subject to these requirements: (1) The bond shall be conditioned upon the requirement that the Franchisee shall well and truly observe, fulfill, and perform each term and condition of this franchise and that in case of any breach of condition of the bond, an amount (subject to the required dollar limits of the bond) shall be recoverable from the principal and surety thereof by the City for all liquidated damages for the failure of the Franchisee to well and faithfully observe and perform any provision of this Ordinance, and for any amount billed to the Franchisee by the City for the cost of the City’s performing or causing to be performed the Franchisee’s obligations hereunder. (2) Such bond must provide by endorsement that it cannot be cancelled or amended by the bonding company prior to thirty (30) days’ written notice to the City Manager. (3) Such bond shall be in a form and contain such additional provisions as may be required by the City Attorney. (4) Such bond shall be executed by the Franchisee as principal and one or more sureties approved by the City Manager. (5) Either the bond or bonds or copies thereof certified by the surety must be on file with the City Secretary of the City. d. Termination. Failure of the Franchisee to comply with the provisions of this Section 4. shall be cause for termination of this franchise as set forth in Section 10.c. 50553904.6 4 Section 5. MINIMUM QUALITY AND PERFORMANCE STANDARDS. Acceptance of this Ordinance by the Franchisee carries with it expectations of both efficiency and quality of service by the Franchisee. The standards below are considered minimum standards. a. Quality of Service. Customer satisfaction is the ultimate measure of the quality of service. The Franchisee will make every reasonable effort to insure the rate paying customer is treated with due courtesy and respect. The property of the customer will be treated without abuse. Informal complaints will be resolved as quickly as possible with the customer receiving the benefit of the doubt. Formal complaints will be resolved as provided in Section 13. b. Equipment and Maintenance Thereof. All equipment, including motor vehicles and trucks necessary for the performance by the Franchisee of this Ordinance shall, on the effective date of the franchise granted by this Ordinance, be in good condition and repair. Stand-by equipment shall always be available. The trucks used in collection of MSW shall be all metal, watertight, with completely enclosed "Packer" type bodies that are designed and manufactured for the collection of garbage and refuse. Such collection vehicles shall be painted and numbered in letters of a contrasting color on each side of the vehicle and maintained in a mechanically sound and safe condition. All vehicles shall be kept in a clean and sanitary condition and shall be cleaned inside and outside at least once each week. c. Times and Frequencies of Pickup and Holidays. (1) The Franchisee shall make no collections in residential areas prior to 7:00 a.m., and collections in business districts shall not be commenced earlier than 6:00 a.m. When a business is within 500 feet of a residence, the residential area times will apply. (2) There shall be once a week pickup of MSW for all residential customers who have been provided uniform 96 gallon MSW containers by the Franchisee at no charge to the customer (“Zone 1”). If no such container has been provided to a residential customer, there will be twice weekly pickup of MSW from such customers (“Zone 2”). The Franchisee shall provide the City and update from time to time a current map of the City showing Zone 1 and Zone 2 residential customers. The number of pickups may vary for commercial activities, which shall be established by separate contract between the Franchisee and the customer. Upon written request by the City, the Franchisee shall provide the City with a summary of all such commercial pickup arrangements. (3) Collection will be made for all residential accounts twice weekly regardless of National or State holidays, except for Christmas Day, New Year’s Day, July 4, and Thanksgiving Day. The Franchisee may observe any or all the holidays noted above. However, the Franchisee shall collect MSW at least one day per cycle during those weeks when holidays are observed. 50553904.6 5 d. Routes and Pickup Points. (1) The Franchisee will provide proposed routes for purposes of the collection of regular garbage, small brush and limb pickup as follows: Zone 1 Monday Tuesday Wednesday Zone 2 Monday and Thursday Tuesday and Friday Wednesday and Saturday The City must approve such routes prior to commencement of operations. (2) Trash containers shall be placed so that they are accessible from the curbline without the collector entering upon private property. Special cases to allow for front building line collection will be authorized by mutual agreement of the Franchisee and the City when the residents at any house are mentally or physically incapable of placing containers at the curbline. (3) No trash containers will be placed on the curbline by the customer earlier than twenty-four (24) hours prior to the time of collection nor later than twenty-four (24) hours after the time of collection. e. Types of Containers. Trash containers shall be watertight receptacles of solid and durable grade of metal or plastic, not to exceed thirty (30) gallons in capacity (except as set forth in Section 4.c.(2)) or plastic or other waterproof bags manufactured for the purpose of containing garbage or refuse; the combined weight of the garbage and container shall not exceed seventy-five (75) pounds. Containers shall be provided with suitable lifting handle or handles on the outside and close-fitting cover equipped with a handle. The container must not have any inside structures, such as inside bands, and reinforcing angles or anything within the container to prevent free discharge of the contents. Containers that have deteriorated or that have been damaged to the extent of having jagged or sharp edges capable of causing injury to garbage collectors or other persons whose duty it is to handle the containers, or to such an extent that the covers will not fit securely, need not be accepted by the Franchisee. f. Special Pickups. The Franchisee shall invoice the City for all Special Pickups the Franchisee’s actual costs (which shall not include a Franchisee’s overhead charge) for the City’s use in invoicing customers. (1) Brush and Trees. All brush and large trimmings to be collected by the Franchisee shall be placed by customers at the curbline. Trees, brush, and limbs cannot exceed four inches (4”) in diameter nor five feet (5’) in length. All limbs and brush must be in bundles not to exceed sixty (60) pounds each. Leaves 50553904.6 6 and grass clippings and small brush items are to be placed in cardboard containers, plastic trash bags, or trash cans. (2) Dead Animals. Dead animals shall not be placed in trash containers. Dead animals in excess of seventy-five (75) pounds are not required to be accepted by the Franchisee. Dead household pets shall be picked up by the Franchisee at no charge. The City’s animal services department will pick up other dead small animals at no charge, and the Franchisee will in turn pick up those dead small animals from the City’s animal services department at no charge to the City. The Franchisee shall pick up large dead animals located in a right-of-way. If such dead large animal identifiably belongs to an individual or entity (i.e., a cow that has been identifiably branded or tagged), such individual or entity shall pay the Franchisee the charge associated with the pick-up. However, if the dead large animal does not identifiably belong to an individual or entity (i.e., a wild deer), the City shall pay the cost for the pick-up. The owner shall be responsible for the removal and disposal of large dead animals, such as cows, horses, mules, and goats. (3) Traffic Accident Debris. The Franchisee will provide 24-hour a day, 7 days a week, pick up service of debris resulting from traffic accidents upon telephone or radio notice from the City by a police officer or other City employee. The Franchisee may invoice and collect from the individual(s) or company(ies) involved in such traffic accident or their respective insurers for the collection and disposal of accident materials. The Franchisee will have no obligation to remove wrecked or disabled vehicles. If the Franchisee fails to adequately respond with a roll-off unit or other suitable equipment (all as determined by the City) within one (1) hour, the Franchisee agrees that the City may contact another person or entity of the City’s choosing to remove such debris, and all costs incurred by the City as a result thereof shall be reimbursed to the City by the Franchisee within ten (10) business days of the City’s invoicing of the Franchisee. In such case, such person or entity shall not be required to hold a solid waste disposal franchise with the City. (4) Special Services. The Franchisee will provide services for special residential pickups, such as new move-ins, tree trimming, and similar circumstances. The Franchisee may charge a fee for this service to be billed by the City. g. Area of Service and Interruption in Service. (1) The Franchisee will collect MSW and recycling material from all residences and MSW from all commercial businesses in the City not delinquent in the payment for the authorized services provided, or as directed by the City. (2) In the event that the collection and disposal of MSW shall be interrupted by any reason for more than forty-eight (48) hours, the City shall have the right to make temporary independent arrangements for the purpose of 50553904.6 7 continuing this necessary service to its citizens in order to provide and protect the public health and safety. Costs of the temporary independent arrangements shall be borne by the Franchisee and shall be reimbursed to the City by the Franchisee within ten (10) business days of the City’s invoicing of the Franchisee. (3) If the interruption in service described in the paragraph next above continues for a period of thirty (30) days, the City shall have the right to terminate the rights and privileges granted in this Ordinance. h. Office Hours, Staffing, and Service Logs. (1) The Franchisee shall establish and maintain an office in the City with telephone service and shall keep said office open for business from 9:00 a.m. to 5:00 p.m. each and every day except Saturday, Sunday and legal national holidays, as a minimum. (2) The office mentioned in subsection 5h(1) shall be staffed with sufficient competent personnel to handle calls and inquiries during office hours. A daily log of all service calls, complaints and inquiries taken therein shall be maintained by the Franchisee and be available to the City upon request. Section 6. TEMPORARY AND PERMANENT ROLL-OFF CONTAINERS. Rocks, waste, scrap, building materials, or other trash resulting from construction or major remodeling; resulting from a general cleanup of vacant or improved property just prior to its occupancy; or resulting from sizable amounts of trees, brush, and debris cleared from property in preparation for construction, will be removed by the Franchisee as part of the Franchisee’s regular service but rates will be derived from approved rates described in Section 16. Section 7. CHANGES IN TIMES AND ROUTES OF COLLECTION. The City Council reserves the right to change or alter the times and routes of collection. The Franchisee shall be given at least five (5) days’ notice if any such action is scheduled to be discussed by City Council. No changes in collection schedule or routes shall be made by the Franchisee without approval by the City. Section 8. DISPOSAL OF MSW. The Franchisee shall have the responsibility for the disposal of all MSW collected under this Ordinance, and all of such materials shall be disposed of in compliance with the laws of the State of Texas and/or the rules, regulations and standards established from time to time by the Federal Government of the United States of America and the Texas Commission on Environmental Quality. 50553904.6 8 Section 9. SERVICES TO THE CITY. a. City Property Pickup. The Franchisee will provide pickup twice weekly for the City at all City properties at no cost to the City. Containers used by the City will be of the size and type appropriate to the volume and characteristics of material. b. Special City Events. The Franchisee will provide special pickup during not more than ten (10) City annual events (designated each year by the City in writing to the Franchisee) at no charge. Placement of containers will be at the direction of the Director of Public Works. The Franchisee will provide one twenty (20) cubic yard roll-off container at no charge to the City for each such event. c. White Waste. Twice each year, the Franchisee will pick up White Waste. (1) The Franchisee will provide special pickup services daily at designated locations during the Schertz Annual Spring Cleanup. This pickup will include large household appliances, furniture (and other bulky items) tires or other material not normally collected during twice weekly pickup. The dates will be established by the City. This service will be at no cost to the City or the public. Notice of the Cleanup dates shall be published in local media at the expense of the Franchisee. (2) The Franchisee will provide special pickup services daily at designated locations during the Schertz Annual Fall Cleanup. Scheduling will be at the discretion of the Franchisee, with a minimum of 150 days between the Schertz Annual Spring Cleanup and the Schertz Annual Fall Cleanup. This pickup will include large household appliances, furniture (and other bulky items) tires or other material not normally collected during twice weekly pickup. This service will be at no cost to the City or the public. Notice of the Cleanup dates shall be published in local media at the expense of the Franchisee. d. Household Hazardous Waste. (1) Twice each year in conjunction with the Spring and Fall cleanup period, a program to collect and dispose of Household Hazardous Waste will be planned and conducted by the Franchisee. The cost of this program will be borne by the Franchisee. The Franchisee will provide documents detailing costs for each event and recommend adjustments to the program based on participation levels and volume of material collected. (2) The Franchisee may, with approval by the City, engage a third party to collect and dispose of Household Hazardous Waste where such materials constitute a serious health hazard or the materials require special handling beyond the capabilities of the Franchisee. Any program established will fully comply with the laws of the State of Texas and rules established by the Texas Commission on Environmental Quality. 50553904.6 9 e. Biohazardous Waste. The Franchisee will make provisions for the disposal of biohazardous waste resulting from City operations at no cost to the City. Section 10. DURATION OF THE FRANCHISE AND RENEWAL OPTIONS; TERMINATION. a. Term and Acceptance. Subject to the requirements relating to insurance and the performance bond set forth in Sections 4.b.(2) and 4.c., this Ordinance and the rights, privileges, and authority hereby granted shall take effect and be in force from and after final passage hereof, as provided by law, and shall continue in force and effect for a term ending December 31, 2019, provided that, within thirty (30) days after the adoption of this Ordinance on second reading, the Franchisee shall file with the City its unconditional acceptance of this Ordinance and promise to comply with and abide by all of its provisions, terms, and conditions. Such acceptance and promise in writing shall be duly executed, and sworn to by an authorized official of the Franchisee on behalf of the Franchisee before a notary public or other officer authorized by law to administer oaths. b. Renewal. This Ordinance may be renewed for an additional period of six (6) years unless either the City or the Franchisee gives written notification of the termination of this Ordinance to the other one-hundred twenty (120) days prior to the expiration of the seven (7) year term of this Ordinance. c. Termination. (1) The City may terminate this franchise for failure by the Franchisee to comply with the provisions of Section 4.a. (Indemnification), 4.b. (Insurance), and/or 4.c. (Performance Bond). Upon the City’s determination that the Franchisee has failed to comply with any or all of such provisions, the City may notify the Franchisee in writing that it is exercising its right to terminate this franchise on thirty (30) days’ (or longer, at the option of the City) written notice to the Franchisee; provided, the termination of this franchise by the City due to the Franchisee’s failure to comply with Section 4.a. shall not terminate the Franchisee’s contractual obligations to the City and all agents, officers, employees, and representatives of the City under such Section 4.a. (2) The City may terminate this franchise as a result of the Franchisee having twenty-five (25) or more unresolved complaints outstanding as set forth in Section 13. The City may notify the Franchisee that it is exercising its right to terminate this franchise on thirty (30) days’ (or longer, at the option of the City) written notice to the Franchisee. (3) The City may terminate this franchise for failure by the Franchisee to comply with any other provision of this Ordinance if (a) the City has notified the Franchisee in writing of such failure and the Franchisee has failed to correct such failure to the satisfaction of the City within thirty (30) days (or longer period, at the option of the City) of the receipt of such notice or (b) the City has 50553904.6 10 notified the Franchisee in writing of such failure twice within a six (6) month period. Such termination shall be effective upon thirty (30) days’ (or longer, at the option of the City) written notice to the Franchisee. (4) Following receipt of notice of termination under 10.c.(1), (2), or (3) above, the Franchisee shall be responsible for continuing compliance with all provisions of this Ordinance until the effective date of termination unless explicitly directed otherwise in writing by the City. Section 11. SEPARABILITY, COMPLIANCE WITH APPLICABLE LAWS, AND NON- CONTESTABILITY BY THE FRANCHISEE. a. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holdings shall not affect the validity of the remaining portions thereof. b. City Regulations. At all times during the term of this Ordinance, the Franchisee shall be subject to all lawful exercise by the City of its police power and to such reasonable regulations as the City shall from time to time provide, pursuant to the exercise of such police power. c. Rights of City. The Franchisee, by acceptance of this Ordinance, expressly acknowledges and accepts the right of the City to issue such franchise and further agrees to fully comply with all appropriate regulations promulgated by any appropriate government agency of competent jurisdiction. Section 12. SALE, TRANSFER, OR ASSIGNMENT OF FRANCHISE RIGHTS OR ASSETS. The Franchisee shall not sell, transfer, or assign its rights under this Ordinance, or substantially all of its assets, to any other person or corporation without the prior written approval of the City Council, such approval not to be unreasonably withheld. Section 13. COMPLAINTS AND RESOLUTION. a. Complaints. Complaints from or by the public or a particular customer must be in writing and mailed (or presented) to the City Manager or designated representative for action. b. Penalties. The Franchisee will pay a penalty of not less than $25 or more than $200 for each customer complaint not satisfactorily resolved. Satisfactory resolution will be determined by the City Manager. The Franchisee may appeal to City Council, which will make a final determination. The penalty will be deducted from the Franchisee proceeds the for billing cycle following City Manager determination unless appealed, in which case City Council will provide further instruction. Twenty-five (25) unresolved complaints will be a basis for contract review by City Council for possible franchise termination. 50553904.6 11 Section 14. INVESTIGATION AND PUBLIC HEARING. The City Council shall have full power to examine or cause to be examined at any time, and at all times, the books, papers and records of the Franchisee with relation to the operation of the MSW collection system within the City of Schertz. In this connection, the City shall have the right, through its City Council, to take testimony and compel the attendance of witnesses or the production of books, papers and records and to examine witnesses under oath and under such rules and regulations as it may adopt. If any officer, agent, or employee of the Franchisee refuses to give testimony before the City Council, the City Council shall have power to terminate this Ordinance. Section 15. NOTICES. Where written notices are provided for in this Ordinance, same shall be sufficient to notify the Franchisee if mailed by certified mail to the proper address as specified on page S-2 in this Ordinance and shall be sufficient to notify the City if mailed by certified mail to City of Schertz, 1400 Schertz Parkway, Schertz, Texas 78154, Attention: City Manager. Section 16. SERVICE RATES. Rates for services provided under this Ordinance are contained in Exhibit “A” attached hereto and incorporated herein for all purposes. Section 17. BILLING, COLLECTION, AND PAYMENT. a. Billing and Collection. For the purpose of convenience, the billing and collection of the charges levied for all MSW service shall be done by the Utilities Department of the City, and all such fees shall be payable at the Municipal Offices. The City will prorate a new customer service to the nearest half-month charge relative to the commencement of service. (Service shall be considered commencing when water is turned on to that customer). All charges shall be due and payable each month concurrent with utility bills, and, if not paid on or before the due date, the City shall assess a ten percent (10%) penalty for delinquency and collection expenses. Utilities will be discontinued by the City for lack of payment of any garbage bill or any part thereof. b. Franchise Fee. The Franchisee shall be paid by the City at the rate of eighty-five percent (85%) of the amount collected, excluding penalties and excepting recycling fees, for each customer served for which billing is made by the City. The Franchisee shall be paid what is due within ten (10) days after closing date of each billing period with the last month payment hereunder to be made during the first calendar month after the expiration of the term hereof or after the cancellation hereof, as the case may be. Section 18. RECYCLING a. Frequency of Pickup. The Franchisee will collect recyclable material once each week from residences wishing to participate. Each residence address will be charged a fee for this service, whether participating or not. The Franchisee will transport such collected recyclables. 50553904.6 12 b. Recycling Containers. The Franchisee shall provide appropriate bins for recycling to each residence at no charge. Bins will be replaced at the City’s expense if the bins are stolen and a police report corroborates the theft. Additional bins may be purchased by the homeowner or resident at the City’s cost. c. Customer Participation. Participation in the recycling program is voluntary but highly encouraged. Failing to actively participate does not relieve the homeowner or resident from payment of recycling fees. d. Recycling Proceeds. The proceeds from the Franchisee’s sale of recycling materials shall be retained by the Franchisee. Section 19. PENALTIES . a. Providing Franchise Service Without a Franchise. Any person or entity who shall perform franchise services described in this Ordinance, without authority of a duly awarded franchise and payment of consideration, shall be cited by the appropriate City agency, and shall be subject to a penalty not to exceed two hundred dollars ($200) for each and every day such a service is unlawfully performed. b. Failure to Provide Services By Franchisee. Any person or entity, upon being named a Franchisee and awarded a franchise under this Ordinance, who fails to provide the services described in this Ordinance, shall be cited by the appropriate City agency, and is subject to a fine of two hundred dollars ($200) for each and every day such service is not performed. c. Failure of Franchisee to Meet Service Standards. Any person or entity, upon being named a Franchisee and awarded a franchise under this Ordinance, who fails to comply with the service standards described in this Ordinance shall be cited by the appropriate City agency, and is subject to a fine of one hundred dollars ($100) for each and every failure to comply with service standards described in this Ordinance. d. Removal of Recycling Material. Any person or entity (excepting the homeowner or resident who placed recycling material at curbside or any authorized agent of the City) who removes any recyclable material in bins, bags, or cans set at curbside for recycling collection is subject to prosecution under the laws of the State of Texas. II. City of Schertz Ordinance Nos. 01-F-2, 03-F-22, 07-F-07, 11-F-35, and any other Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed. [Remainder of page intentionally left blank.] 50553904.6 S-1 III. PASSED ON FIRST READING, the 15th day of January, 2013. PASSED, APPROVED, AND ADOPTED ON SECOND READING the ____ day of February, 2013. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz, Texas (Seal of City) 50553904.6 S-2 ACCEPTED: CIBOLO WASTE INCORPORATED, AS FRANCHISEE By: Title: Notice Address: Cibolo Waste Incorporated P.O. Box 577 Schertz, TX 78154 Attention: Henry Gutierrez STATE OF TEXAS § § COUNTY OF GUADALUPE § This instrument was acknowledged on _________________ _____, 2013 by Henry Gutierrez, President of Cibolo Waste Incorporated, a Texas corporation, on behalf of such corporation. (NOTARY SEAL) Notary Public in and for the State of Texas Commission Expires 50553904.6 Exhibit “A”- 1 Exhibit “A” Rates 50553904.6 Exhibit “A”- 2 50553904.6 Exhibit “A”- 3 50553904.6 Exhibit “A”- 4 50553904.6 Exhibit “A”- 5 50553904.6 Exhibit “A”- 6 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: January 29, 2013 Department: City Manager/Public Works Subject: Resolution No. 13-R-07 - CVLGC Reorganization BACKGROUND The cities of Selma and Seguin have requested withdrawal from CVLGC. The remaining members consist of the cities of Cibolo, Converse and Schertz. The CVLCG board of directors has approved the withdrawal request. This action is required by all five original cities in order to amend the Articles of Incorporation, Bylaws and Memorandum of Understanding to allow the reorganization. FISCAL IMPACT None RECOMMENDATION Staff recommends approval. ATTACHMENT Resolution No. 13-R-07 amending CVLGC Articles of Incorporation, Bylaws and Memorandum of Understanding RESOLUTION NO. 13-R-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING AN AMENDMENT TO THE ARTICLES OF INCORPORATION AND BYLAWS OF THE CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION TO REFLECT THE CHANGE IN MEMBERSHIP OF THE CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION; EXECUTING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE CORPORATION TO REFLECT THE CHANGES TO THE CORPORATION’S MEMBERSHIP; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING RESOLUTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Cibolo Valley Local Government Corporation (“CVLGC”) is a local government corporation, created and existing under the provisions of Subchapter D of Chapter 431, Texas Transportation Code, as amended (“Chapter 431”), and Chapter 394, Texas Local Government Code (“Chapter 394” and together with Chapter 431, the “Act”) and has and may exercise all of the rights, powers, privileges, authority, and functions given by the general laws of the State of Texas to non-profit corporations incorporated under the Act including, without limitation, the Texas Non-Profit Corporation Act, Chapter 22, Texas Business Organizations Code; and WHEREAS, the cities of Cibolo, Converse, Schertz, Seguin, and Selma (collectively, “Member Cities”) have approved the creation of CVLGC; and WHEREAS, the City of Seguin, by letter dated November 27, 2012, has requested to withdraw from CVLGC as a member city; and WHEREAS, the City of Selma, by approval of Resolution No. 120612, has requested to withdraw from CVLGC as a member city; and WHEREAS, at its December 13, 2012, open meeting, CVLGC considered the requests from the cities of Selma and Seguin; and WHEREAS, the Board of Directors of CVLGC recommends the withdrawal of Selma and Seguin from membership in CVLGC; and WHEREAS, Article VIII of CVLGC’s Articles of Incorporation, Chapter 394 of the Texas Local Government Code, and Chapter 431 of the Texas Transportation Code allows CVLGC to apply to its member cities for a change to its Articles of Incorporation; and WHEREAS, an amendment to CVLGC’s Articles of Incorporation is required in order to provide for the withdrawal of the cities of Selma and Seguin; and WHEREAS, an amendment to CVLGC’s Articles of Incorporation must be approved by each the member cities’ governing bodies in order to be effectuated; and WHEREAS, the amendment to the CVLGC Articles of Incorporation is wise, expedient, necessary, and advisable; and WHEREAS, the Board of Directors of CVLGC applied to each of its member cities to make the following changes to CVLGC’s Articles of Incorporation and Bylaws; and WHEREAS, should the cities of Seguin and Selma withdraw from CVLGC, CVLGC’s Bylaws will need to be amended; and WHEREAS, Article XI of CVLGC’s Articles of Incorporation requires that an amendment to CVLGC’s Bylaws be approved by each the member cities’ governing bodies; and WHEREAS, the Board of Directors of CVLGC approved the changes to the articles of incorporation and bylaws as detailed below at an open meeting; and WHEREAS, CVLGC and the City executed, along with the other member cities of CVLGC, a Memorandum of Understanding (“MOU”) that detailed the obligations of each entity; WHEREAS, if Selma and Seguin withdraw from CVLGC, a First Amendment to the MOU is necessary to reflect the withdrawals of Selma and Seguin from CVLGC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The recitals contained in the preamble of this Resolution are determined to be true and correct and are hereby adopted as a part of this Resolution. Section 2. The City hereby approves the following amendments to the CVLGC Articles of Incorporation: (A) Article IV (a) shall be changed to read as follows: “to aid, assist, and act on behalf of Cibolo, Converse, and Schertz (collectively, “Cities”) in acquiring, constructing, leasing, improving, enlarging, extending, repairing, maintaining, and operating a water utility system (the “project”) pursuant to the provisions of Chapter 552 of the Texas Local Government Code, as amended (“Chapter 552”), and other applicable laws of the State;” (B) The first paragraph of Article VII shall read as follows: “The Governing Bodies have, by resolutions adopted on March 22, 2010 (Cibolo), March 15, 2010 (Converse), and March 15, 2010 (Schertz), authorized the creation of the Corporation and approved these Articles of Incorporation and the Corporation’s Bylaws pursuant to Subchapter D of the Act. The cities of Seguin and Selma were member cities of the Corporation, but by resolutions adopted on _____ (Cibolo), _______ (Converse), _______ (Schertz), ________ (Seguin), and _____ (Selma), Selma and Seguin are no longer member cities of the Corporation.” (C) Article XII shall read as follows: “The number of directors constituting the Board of Directors is three (3). One (1) director shall be appointed by each of the Governing Bodies.” Section 3. The City hereby adopts the following amendment to Section 1.2 (a) of the CVLGC Bylaws to read as follows: “Section 1.2. Purpose. The Corporation is incorporated for the purposes set forth in Article IV of its Articles of Incorporation, and any amendments thereto, the same to be accomplished on behalf of the City of Cibolo Texas (“Cibolo”), the City of Converse, Texas (“Converse”), and the City of Schertz, Texas (“Schertz”), as their duly constituted authority and instrumentality in accordance with Subchapter D of Chapter 431, Texas Transportation Code, as amended (the “Act”), and other applicable laws of the State of Texas (the “State”).” Section 4. The City hereby adopts the following amendment to Section 1.4 of the CVLGC Bylaws to read as follows: “Section 1.4. Nonprofit Corporation. The Corporation shall be a public, nonprofit corporation, and no part of its net earnings remaining after payment of its bonds and expenses shall inure to the benefit of any person other than Cibolo, Converse, and Schertz (collectively, the “Cities”). Section 5. The City hereby adopts the following amendment to Section 2.1 (b) of the CVLGC Bylaws to read as follows: “Section 2.1 (b). Powers, Number, and Term of Office. The Board shall consist of three (3) directors, each of whom must at all times while serving as director be a resident of the City that appointed such director. Each City shall appoint one (1) director. One (1) director has been appointed as director by r esolution of the governing body of each of the Cities (collectively, the “Governing Bodies”). Each member of the Board shall be appointed for a four-year term until the Corporation is dissolved. A director may be reappointed. The four-year term of office from the City of Cibolo began on October 1, 2011. The four-year term of office from the cities of Converse and Schertz began on October 1, 2012.” Section 4. The City hereby approves the First Amendment to the Memorandum of Understanding Among the Ci ties of Cibolo, Converse, Schertz, Seguin, and Selma, and the Cibolo Valley Local Government Corporation, attached hereto and incorporated herein for all purposes in substantially correct form as Exhibit A. The First Amendment will reflect withdrawal from CVLGC by the cities of Selma and Seguin and their responsibilities regarding the MOU. The City Manager is hereby authorized on the City’s behalf to execute the First Amendment to the Memorandum of Understanding Among the Cities of C ibolo, Converse, Schertz, Seguin, and Selma, and the Cibolo Valley Local Government Corporation and effectuate its intent. Section 5. All Resolutions and parts thereof in conflict herewith are hereby expressly repealed insofar as they conflict herewith. Section 6. It is hereby declared that the sections, paragraphs, sentences, clauses and phrases of this resolution are severable and, if any phrase, clause, sentence, paragraph or section of this resolution shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this resolution, because the same would have been enacted by the City Council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 7. This Resolution shall take effect immediately upon adoption hereof. PASSED AND APPROVED the _____ day of ______ , 2013 CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING AMONG THE CITIES OF CIBOLO, CONVERSE, SCHERTZ, SEGUIN, AND SELMA, AND THE CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION WHEREAS, in recognition of the fact that the acquisition of a dependable source of raw and potable water is essential for the maintenance of continued economic growth and the well being of its citizens, the cities of Cibolo, Converse, Schertz, Seguin, and Selma have approved the creation of the Cibolo Valley Local Government Corporation (“CVLGC”) as their constituted authority and instrumentality to accomplish the specific purpose of acquiring, constructing, improving, enlarging, extending, repairing, maintaining and operating a water utility system; and WHEREAS, the cities of Seguin and Selma have sought withdrawal from CVLGC; WHEREAS, the cities of Cibolo, Converse, Schertz, Seguin, and Selma executed a Memorandum of Understanding with CVLGC (“MOU”) to outline certain rights and responsibilities of each entity; WHEREAS, Cibolo, Converse, and Schertz (collectively, “Member Cities”) wish to continue pursuing projects through CVLGC; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, each of the Member Cities and CVLGC agree as follows: 1. The terms of the MOU remain in full force and effect except as amended herein. Definitions in the MOU shall apply to terms utilized herein. 2. The Parties agree that Seguin and Selma are withdrawing from CVLGC and Selma and Seguin’s rights, titles, interests, and obligations in the MOU and CVLGC are relinquished subject to the provisions contained herein. The remaining Member Cities in the MOU shall be the cities of Cibolo, Converse, and Schertz. 3. Pursuant to section 5 of the MOU, Seguin made an initial contribution to CVLGC of $250,000. Selma made an initial contribution to CVLGC of $125,000. Seguin and Selma shall be reimbursed their contribution to CVLGC less the pro rata incurred expenses of CVLGC per city through December 31, 2012. 4. The remaining Member Cities’ (Cibolo, Converse, and Schertz) interest in CVLGC shall be based on an equal share (currently, a third each). 5. Withdrawal of a Member City. If any of the remaining Member Cities withdraws from CVLGC, the remaining Member Cities (Cibolo, Converse, and Schertz) agree that the withdrawing city shall be entitled to reimbursement of any contributions the withdrawing city makes to CVLGC less any expenses incurred by the CVLGC to the date of the withdrawal and through CVLGC’s remaining Budget Year. Exhibit A This First Amendment to the MOU may be signed as multiple originals and is approved by each of the Member Cities and CVLGC on the date indicated. City of Cibolo: Date: Robert Herrera, City Manager City of Converse: Date: Shawna D. Burkhart, City Manager City of Schertz: Date: John Kessel, City Manager City of Seguin: Date: Douglas G. Faseler, City Manager City of Selma: Date: Tom Daly, Mayor Cibolo Valley Local Government Corporation: Date: Shawna D. Burkhart, President FIRST AMENDMENT TO MOU Page 2 of 2 CVLGC/MEMBER CITIES SIGNED ORIGINAL(S): 6 Exhibit A 50429903.2 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: January 29, 2013 Department: Economic Development Subject: Ordinance No. 13-M-04 - SEDC— Amendments to Organizational Documents—First Reading BACKGROUND On January 24, 2013, the Board of Directors of the Schertz Economic Development Corporation (the “SEDC”) voted to amend the SEDC Bylaws and the SEDC Certificate of Formation. The changes are being made in order to change the end dates of the terms of the directors from November 30 to May 31 of the year in which the directors’ term expires. The City Council took action on January 8, 2013 to change the term end dates for other City Boards, Commissions, and Committees. The SEDC recommends that the City Council approve and authorize these changes. FISCAL IMPACT None RECOMMENDATION Approval of Ordinance No. 13-M-04 on first reading ATTACHMENT Ordinance No. 13-M-04, with Amended and Restated Certificate of Formation and Amended and Restated Bylaws attached 50429378.2 ORDINANCE NO. 13-M-04 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDED AND RESTATED CERTIFICATE OF FORMATION OF THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION; APPROVING AMENDED AND RESTATED BYLAWS OF SUCH CORPORATION; APPOINTING DIRECTORS TO THE BOARD OF DIRECTORS OF SUCH CORPORATION; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the “Council”) of the City of Schertz, Texas (the “City”) has previously authorized the creation of the City of Schertz Economic Development Corporation (the “Corporation”) in accordance with the Development Corporation Act, as amended, Title 12, Subtitle C1, Texas Local Government Code (the “Act”); and WHEREAS, the Board of Directors of the Corporation has, by Resolution dated January 24, 2013, approved amendments to the existing Certificate of Formation and the Bylaws of the Corporation and has recommended those amendments to the Council; and WHEREAS, the Council has reviewed and approved the proposed amendments to the existing Certificate of Formation and the existing Bylaws of the Corporation and has determined to authorize and approve such amendments; and WHEREAS, the Council desires to approve the members of the Board of Directors of the Corporation; and WHEREAS, the Council hereby finds and determines that the adoption of this Ordinance is in the best interests of the citizens of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The Council hereby approves an Amended and Restated Certificate of Formation (the “Articles of Amendment”) for the Corporation (a copy of which is attached in substantially final form to this Ordinance as Exhibit A). The Council hereby authorizes the City Secretary to execute the Articles of Amendment and to cooperate with the Corporation in filing such Articles of Amendment with the Texas Secretary of State, with any such changes therein which do not alter the substance thereof (as determined by the City Attorney) as may be required by the Secretary of State for filing. Section 2. The Council hereby appoints the following persons for terms expiring on May 31 of the following years, as the directors of the Corporation, as set forth in the Articles of Amendment: 50429378.2 2 Name Term to Expire Angelina I. T. Kiser 5/31/2013 Tim Brown 5/31/2013 Roy Richard, Jr. 5/31/2013 Vacant 5/31/14 Marvin Thomas 5/31/14 Matthew Duke 5/31/14 Rosemary Scott 5/31/14 Section 3. The Council hereby approves the amended Bylaws for the Corporation in the form attached hereto as Exhibit B. Section 4. 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 Governing Body. Section 5. All ordinances and resolutions, 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 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. 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 Council hereby declares that this Ordinance would have been enacted without such invalid provision. Section 8. 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 9. This Ordinance shall be in force and effect from and after its final passage, and it is so ordered. 50429378.2 3 [The remainder of this page intentionally left blank] 50429378.2 S-1 PASSED ON FIRST READING on the 29th day of January, 2013. PASSED AND ADOPTED on second and final reading on the 5th day of February, 2013. CITY OF SCHERTZ , TEXAS By: Mayor ATTEST: City Secretary (SEAL OF THE CITY) 50429378.2 A-1 EXHIBIT A AMENDED AND RESTATED CERTIFICATE OF FORMATION (see Attached) 50429378.2 B-1 EXHIBIT B AMENDED AND RESTATED BYLAWS (see Attached) 50429377.1 AMENDED AND RESTATED CERTIFICATE OF FORMATION OF CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION 1. The City Council of the City of Schertz, Texas, the governing body of the city under whose auspices the City of Schertz Economic Development Corporation was created, pursuant to the Texas Non-Profit Corporation Act, as amended, and the Development Corporation Act, as amended, hereby adopts an amended and restated certificate of formation which accurately copies the original articles of incorporation and all amendments thereto that are in effect to date and as further amended by such amended and restated certificate of formation as hereinafter set forth and which contains no other change in any provision thereof. 2. Each such amendment made by this amended and restated certificate of formation has been effected in conformity with the provisions of the Texas Non-Profit Corporation Act, as amended, and the Development Corporation Act, as amended, specifically Title 12, subtitle C1, Texas Local Government Code, and such amended and restated certificate of formation and each such amendment made by this amended and restated certificate of formation were duly approved by the City Council of the City of Schertz, Texas on (February 5, 2013) in accordance with Section 501.310 of the Development Corporation Act, as amended. 3. The original articles of incorporation and all amendments and supplements thereto are hereby amended and superseded by the following amended and restated certificate of formation, which accurately copies the entire text thereof in effect and as amended to date and as herein amended, and this instrument contains no other change in any provision thereof: (remainder of page intentionally left blank) 50429377.1 2 AMENDED AND RESTATED CERTIFICATE OF FORMATION OF CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION Article One Name The name of the Corporation is the “City of Schertz Economic Development Corporation”. Article Two Authorization The Corporation is a nonprofit corporation and is an industrial development corporation under the Development Corporation Act, as amended, Title 12, Subtitle C1, Texas Local Government Code (the “Act”) and shall be governed by Chapter 501, Chapter 502, and Chapter 505 of the Act, as now existing or as may be amended and an election held in the City on August 9, 1997. Article Three Duration Subject to the provisions of Article Thirteen hereof, the period of duration of the Corporation is perpetual. Article Four Purpose And Limitations (a) The Corporation is organized exclusively for the purposes of benefiting and accomplishing public purposes of, and to act on behalf of, the City, and the specific purposes for which the Corporation is organized. It may issue bonds, notes, and other forms of debt instruments, and it may acquire, maintain, lease, and sell property, and interests therein, on behalf of the City as authorized by Chapter 501, Chapter 502, and Chapter 505 of the Act to promote economic development within the City and the State of Texas in order to eliminate unemployment and under employment and to promote and encourage employment and the public welfare of, for, and on behalf of the City. The Corporation may finance and undertake any such project, subject to the regulations and limitations set forth in Chapter 501, Chapter 502, and Chapter 505 of the Act and an election held in the City on August 9, 1997. The Corporation is authorized to issue bonds as permitted by the Act, provided, however, no bonds may be issued by the Corporation and no project may be financed with bond proceeds or other revenues of the Corporation unless such bonds or projects are first approved by the Council. The Corporation is a constituted authority and a public instrumentality within the meaning of the Act, the regulations of the United States Treasury Department, and the rulings of the Internal Revenue Service prescribed and promulgated pursuant to sections 103 and 141 of the Internal Revenue 50429377.1 3 Code of 1986, as amended, and the Corporation is authorized to act on behalf of the City as provided in the Act and this Certificate of Formation. (b) In the fulfillment of its corporate purpose, the Corporation shall have and may exercise the powers described in paragraph (a) of this Article, together with all of the other powers granted to corporations that are incorporated under the Act and that are governed by Chapter 501, Chapter 502, and Chapter 505 thereof, and, to the extent not in conflict with the Act, the Corporation shall additionally have and may exercise all of the rights, powers, privileges, authorities, and functions given by the general laws of the State of Texas to nonprofit corporations under the Non-Profit Corporation Act (Texas Business Organizations Code, as amended). (c) The Corporation shall have the purposes and powers permitted by the Act pursuant to the authority granted in Article III, Section 52-a of the Texas Constitution, but the Corporation does not have, and shall not exercise the powers of sovereignty of the City, including the power to tax (except for the power to receive and use the sales and use taxes specified in Chapter 501, Chapter 502, and Chapter 505 of the Act) and the police power, except that the Corporation shall have and may exercise the power of eminent domain when the exercise thereof is approved by the Council and to the extent allowed by the City Charter. However, for the purposes of the Texas Tort Claims Act, as amended (Subchapter A, Chapter 101, Texas Civil Practice and Remedies Code), the Corporation is a governmental unit, and its actions are governmental functions. (d) No bonds, notes, or other debt instruments or other obligations, contracts, or agreements of the Corporation are or shall ever be deemed to be or constitute the contracts, agreements, bonds, notes, or other debt instruments or other obligations or the lending of credit, or a grant of the public money or things of value, of, belonging to, or by the State of Texas, the City, or any other political corporation, subdivision or agency of the State of Texas, or a pledge of the faith and credit of any of them. Any and all of such contracts, agreements, bonds, notes, and other debt instruments and other obligations, contracts and agreements shall be payable solely and exclusively from the revenues and funds received by the Corporation from the sources authorized by Chapter 501, Chapter 502, and Chapter 505 of the Act and from such other sources as may be otherwise lawfully available and belonging to the Corporation from time to time. Article Five Financing (a) Before the consummation of the initial delivery of any bonds, notes, or other forms of debt instruments, the Corporation shall obtain approval by the Council. (b) In the exercise of the powers of the Corporation, the Corporation may enter into loan, lease, trust, or other agreements as authorized by the Act that are necessary and appropriate to the fulfillment of the public purpose of the Corporation, all of which agreements, and the specific uses, and the methods of withdrawal and expenditure of the proceeds of the bonds, notes, or other debt instruments, must be included as a part of the approval process of the Council required by paragraph (a) above. 50429377.1 4 (c) In the exercise of the powers of the Corporation, the Corporation may not enter into any loan, lease, trust, or other agreement the effect of which would grant, convey, transfer, mortgage, encumber, pledge or assign a security interest or any other interest in any property owned by the City. Any agreement entered into by the Corporation shall contain language substantially to the effect that any grant, conveyance, transfer, mortgage, encumbrance, pledge or assignment of property owned by the City is prohibited. Article Six No Members The Corporation has no members and is a nonstock corporation. Article Seven Sales Tax Upon receipt from the City of the proceeds of the sales and use tax imposed under Chapter 501, Chapter 502, and Chapter 505 of the Act, the Corporation may use the proceeds as permitted by the Act as now existing or as may be amended and this Certificate of Formation. Article Eight Amendment This Certificate of Formation may be amended at any time as provided in the Act, to make any changes and add any provisions which might have been included in this Certificate of Formation in the first instance or as may be permitted by subsequent changes in the law. Any amendment may be accomplished in either of the following manners: (1) The members of the Board of Directors of the Corporation shall file with the Council a written application requesting approval of the amendments to this Certificate of Formation, specifying in such application the amendments proposed to be made. The Council shall consider such application and, if it shall, by ordinance, duly find and determine that it is advisable that the proposed amendments be made it shall approve the form of the proposed amendments. The Board of Directors of the Corporation may then amend this Certificate of Formation by adopting such amendment at a meeting of the Board of Directors and delivering such amendments to the Secretary of State; or (2) The Council may, at its sole discretion, and at any time, amend this Certificate of Formation and alter or change the structure, organization, programs, or activities of the Corporation, or terminate or dissolve the Corporation (subject to the provisions of the Act, and subject to any limitation provided by applicable constitutions and laws of the impairment of contracts entered into by the Corporation) by ordinance adopting the amendment to this Certificate of Formation or certificate of dissolution at a meeting of the Council, and delivering a certificate of amendment or dissolution to the Secretary of State, as provided in the Act. A restated Certificate of Formation may be filed with the Secretary of State as provided in the Act without the consent of the Council. 50429377.1 5 Article Nine Registered Office and Registered Agent The street address of the registered office of the Corporation is 1400 Schertz Parkway, Schertz, Texas 78154, and the name of its registered agent at that address is John C. Kessel. Article Ten Board of Directors; Officers (a) The affairs of the Corporation shall be managed by a board of directors which shall be composed of seven (7) persons appointed by the Council. The terms of the board of directors named in this Amended and Restated Certificate of Formation shall be as follows: Three (3) of the directors shall be appointed to terms expiring November May 31, 2011 2013, and four (4) of the directors shall be appointed to terms expiring November May 31, 2012 2014. Thereafter, the terms of directors shall be two (2) years, expiring on November May 31 of odd numbered and even numbered years, respectively. Directors may be appointed to succeed themselves. Each director must be a resident and qualified elector of the City. No employee or officer of the City or member of the Council may be a director. A majority of the entire membership of the board, including any vacancies, is a quorum. The board shall conduct all meetings within the boundaries of the City. (b) The names and street addresses of the persons who are to serve as the directors as of the effective date of this Amended and Restated Certificate of Formation and the dates of expiration of their terms as directors, are as follows: Names Addresses Expiration of Term Angeline Galvez-Kiser Angelina I. T. Kiser 1400 Schertz Parkway Schertz, TX 78154 11/30/2011 5/31/2013 Tim Brown 1400 Schertz Parkway Schertz, TX 78154 11/30/2011 5/31/2013 Roy Richard, Jr. 1400 Schertz Parkway Schertz, TX 78154 11/30/2011 5/31/2013 Harry Whitney Vacant 1400 Schertz Parkway Schertz, TX 78154 11/30/2012 5/31/2014 Marvin Thomas 1400 Schertz Parkway Schertz, TX 78154 11/30/2012 5/31/2014 Holly Mc Brearty Matthew Duke 1400 Schertz Parkway Schertz, TX 78154 11/30/2012 5/31/2014 Rosemary Scott 1400 Schertz Parkway Schertz, TX 78154 11/30/2012 50429377.1 6 5/31/2014 Each director shall serve until a successor is appointed . Directors are removable by the Council at any time with or without cause. Any vacancy occurring on the board of directors (by reason of death, resignation, or otherwise) shall be filled by appointment by the Council of a person who shall hold office until the expiration of the term. (c) The directors shall serve without compensation, but they shall be reimbursed for their actual expenses incurred in the performance of their duties as directors. (d) The board of directors shall elect a president, vice president, secretary, and any other officers that the Corporation considers necessary, to serve as executive officers of the Corporation, as more specifically provided in the Corporation’s Bylaws. The term of each officer’s office shall expire on November May 31st of each year. The City Manager, or his designee, shall serve as the Executive Director of the Corporation to provide administrative support services for the Corporation, but the Executive Director shall not be a member of the board of directors. (e) Meetings of the board of directors are subject to the Texas Open Meetings Act, as amended (Texas Government Code, Chapter 551), and the Corporation is subject to the Texas Public Information Act, as amended (Texas Government Code, Chapter 552). Article Eleven Bylaws The Bylaws of the Corporation have been approved by the Council and shall be adopted by the Corporation’s board of directors and shall, together with this Certificate of Formation, govern the initial affairs of the Corporation until and unless amended in accordance with the provisions of the Act and this Certificate of Formation. Article Twelve Council Approval The City has specifically authorized the Corporation by Ordinance dated September 4, 2007 to act on its behalf to further the public purposes stated in such Ordinance and this Certificate of Formation, and the City has by such Ordinance approved the Corporation’s original Articles of Incorporation, as amended, and this Certificate of Formation. A copy of the Ordinance is on file among the permanent public records of the City and the Corporation. Article Thirteen Dissolution (a) The Corporation shall not be dissolved, and its business shall not be terminated, by act of the Council or otherwise, so long as the Corporation is obligated to pay any bonds, notes, or other obligations and unless the collection of the sales and use tax authorized by Chapter 501, Chapter 502 and Chapter 505 of the Act is eligible for termination in accordance with the provisions of Chapter 505 of the Act. 50429377.1 7 (b) No action shall be taken pursuant to paragraph (a) of this Article or pursuant to paragraph (b) of Article Fifteen of this Certificate of Formation, in any manner or at any time that would impair any contract, lease, right, or other obligation theretofore executed, granted, or incurred by the Corporation. Article Fourteen Not a Private Foundation If the Corporation is ever determined to be a private foundation within the meaning of section 509(a) of the Internal Revenue Code of 1986, as amended (the ”Code”), the Corporation: (1) shall distribute its income for each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by section 4942 of the Code; (2) shall not engage in any act of self-dealing as defined in section 4941(d) of the Code. (3) shall not retain any excess business holdings as defined in section 4943(c) of the Code; (4) shall not make any investments in such manner as to subject it to tax under section 4944 of the Code; and (5) shall not make any taxable expenditures as defined in section 4945(d) of the Code. Article Fifteen Miscellaneous (a) No dividends shall ever be paid by the Corporation, and no part of its net earnings remaining after payment of its expenses and other obligations shall be distributed to or inure to be benefit of its directors or officers, or any individual, private firm, or private corporation or association, except in reasonable amounts for services rendered. (b) If, after the close of any fiscal year, the board of directors determines that sufficient provision has been made for the full payment of all current expenses, together with all amounts payable on the contracts, agreements, bonds, notes, and other obligations of the Corporation, and that all of the terms, provisions, and covenants therein have been met, then any net earnings derived from sources other than the sales and use taxes collected for the account of Corporation pursuant to Chapter 501, Chapter 502, and Chapter 505 of the Act thereafter accruing in connection with projects financed pursuant to Chapter 501, Chapter 502, and Chapter 505 of the Act, and lease payments received in connection with projects financed pursuant to Chapter 501, Chapter 502, and Chapter 505 of the Act shall be used solely for the purposes permitted by Chapter 501, Chapter 502, and Chapter 505 of the Act and Article 4(a) of this Certificate of Formation. 50429377.1 8 (c) If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal or mixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the City after satisfaction of debts and claims. (d) No part of the Corporation’s activities shall consist of the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in any political campaign for or in opposition to any candidate for public office. (remainder of page intentionally left blank) 50429377.1 9 Dated this 5th day of February, 2013. CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION By: President By: Secretary CITY OF SCHERTZ, TEXAS By: City Secretary 50429377.1 ACKNOWLEDGEMENT THE STATE OF TEXAS § § COUNTY OF GUADALUPE § On this the ____ day of __________, 2013, before me, the undersigned Notary Public, personally appeared Harry Whitney _______________, who acknowledged to me that he/she is the President of the City of Schertz Economic Development Corporation, and that he, as such official, being duly authorized to do so, executed the foregoing Amended and Restated Certificate of Formation of the City of Schertz Economic Development Corporation by signing his name in such capacity. IN WITNESS WHEREOF, I have hereon to set my hand and official seal. Notary Public of the State of Texas (Notary Seal) 50429377.1 ACKNOWLEDGEMENT THE STATE OF TEXAS § § COUNTY OF GUADALUPE § On this the ____ day of ________, 2013, before me, the undersigned Notary Public, personally appeared ______________, who acknowledged to me that he is the Secretary/Treasurer of the City of Schertz Economic Development Corporation, and that he/she, as such official, being duly authorized to do so, executed the foregoing Amended and Restated Certificate of Formation of the City of Schertz Economic Development Corporation by signing his name in such capacity. IN WITNESS WHEREOF, I have hereon to set my hand and official seal. Notary Public of the State of Texas (Notary Seal) 50429377.1 12 ACKNOWLEDGEMENT THE STATE OF TEXAS § § COUNTY OF GUADALUPE § On this the ____ day of _________, 2013, before me, the undersigned Notary Public, personally appeared Brenda Dennis, who acknowledged to me that she is the City Secretary of the City of Schertz, Texas, and that she, as such official, being duly authorized to do so, executed the foregoing Amended and Restated Certificate of Formation of the City of Schertz, Texas by signing her name in such capacity. IN WITNESS WHEREOF, I have hereon to set my hand and official seal. Notary Public of the State of Texas (Notary Seal) 50429377.1 AMENDED AND RESTATED CERTIFICATE OF FORMATION OF CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION 1. The City Council of the City of Schertz, Texas, the governing body of the city under whose auspices the City of Schertz Economic Development Corporation was created, pursuant to the Texas Non-Profit Corporation Act, as amended, and the Development Corporation Act, as amended, hereby adopts an amended and restated certificate of formation which accurately copies the original articles of incorporation and all amendments thereto that are in effect to date and as further amended by such amended and restated certificate of formation as hereinafter set forth and which contains no other change in any provision thereof. 2. Each such amendment made by this amended and restated certificate of formation has been effected in conformity with the provisions of the Texas Non-Profit Corporation Act, as amended, and the Development Corporation Act, as amended, specifically Title 12, subtitle C1, Texas Local Government Code, and such amended and restated certificate of formation and each such amendment made by this amended and restated certificate of formation were duly approved by the City Council of the City of Schertz, Texas on February 5, 2013 in accordance with Section 501.310 of the Development Corporation Act, as amended. 3. The original articles of incorporation and all amendments and supplements thereto are hereby amended and superseded by the following amended and restated certificate of formation, which accurately copies the entire text thereof in effect and as amended to date and as herein amended, and this instrument contains no other change in any provision thereof: (remainder of page intentionally left blank) 50429377.1 2 AMENDED AND RESTATED CERTIFICATE OF FORMATION OF CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION Article One Name The name of the Corporation is the “City of Schertz Economic Development Corporation”. Article Two Authorization The Corporation is a nonprofit corporation and is an industrial development corporation under the Development Corporation Act, as amended, Title 12, Subtitle C1, Texas Local Government Code (the “Act”) and shall be governed by Chapter 501, Chapter 502, and Chapter 505 of the Act, as now existing or as may be amended and an election held in the City on August 9, 1997. Article Three Duration Subject to the provisions of Article Thirteen hereof, the period of duration of the Corporation is perpetual. Article Four Purpose And Limitations (a) The Corporation is organized exclusively for the purposes of benefiting and accomplishing public purposes of, and to act on behalf of, the City, and the specific purposes for which the Corporation is organized. It may issue bonds, notes, and other forms of debt instruments, and it may acquire, maintain, lease, and sell property, and interests therein, on behalf of the City as authorized by Chapter 501, Chapter 502, and Chapter 505 of the Act to promote economic development within the City and the State of Texas in order to eliminate unemployment and under employment and to promote and encourage employment and the public welfare of, for, and on behalf of the City. The Corporation may finance and undertake any such project, subject to the regulations and limitations set forth in Chapter 501, Chapter 502, and Chapter 505 of the Act and an election held in the City on August 9, 1997. The Corporation is authorized to issue bonds as permitted by the Act, provided, however, no bonds may be issued by the Corporation and no project may be financed with bond proceeds or other revenues of the Corporation unless such bonds or projects are first approved by the Council. The Corporation is a constituted authority and a public instrumentality within the meaning of the Act, the regulations of the United States Treasury Department, and the rulings of the Internal Revenue Service prescribed and promulgated pursuant to sections 103 and 141 of the Internal Revenue 50429377.1 3 Code of 1986, as amended, and the Corporation is authorized to act on behalf of the City as provided in the Act and this Certificate of Formation. (b) In the fulfillment of its corporate purpose, the Corporation shall have and may exercise the powers described in paragraph (a) of this Article, together with all of the other powers granted to corporations that are incorporated under the Act and that are governed by Chapter 501, Chapter 502, and Chapter 505 thereof, and, to the extent not in conflict with the Act, the Corporation shall additionally have and may exercise all of the rights, powers, privileges, authorities, and functions given by the general laws of the State of Texas to nonprofit corporations under the Non-Profit Corporation Act (Texas Business Organizations Code, as amended). (c) The Corporation shall have the purposes and powers permitted by the Act pursuant to the authority granted in Article III, Section 52-a of the Texas Constitution, but the Corporation does not have, and shall not exercise the powers of sovereignty of the City, including the power to tax (except for the power to receive and use the sales and use taxes specified in Chapter 501, Chapter 502, and Chapter 505 of the Act) and the police power, except that the Corporation shall have and may exercise the power of eminent domain when the exercise thereof is approved by the Council and to the extent allowed by the City Charter. However, for the purposes of the Texas Tort Claims Act, as amended (Subchapter A, Chapter 101, Texas Civil Practice and Remedies Code), the Corporation is a governmental unit, and its actions are governmental functions. (d) No bonds, notes, or other debt instruments or other obligations, contracts, or agreements of the Corporation are or shall ever be deemed to be or constitute the contracts, agreements, bonds, notes, or other debt instruments or other obligations or the lending of credit, or a grant of the public money or things of value, of, belonging to, or by the State of Texas, the City, or any other political corporation, subdivision or agency of the State of Texas, or a pledge of the faith and credit of any of them. Any and all of such contracts, agreements, bonds, notes, and other debt instruments and other obligations, contracts and agreements shall be payable solely and exclusively from the revenues and funds received by the Corporation from the sources authorized by Chapter 501, Chapter 502, and Chapter 505 of the Act and from such other sources as may be otherwise lawfully available and belonging to the Corporation from time to time. Article Five Financing (a) Before the consummation of the initial delivery of any bonds, notes, or other forms of debt instruments, the Corporation shall obtain approval by the Council. (b) In the exercise of the powers of the Corporation, the Corporation may enter into loan, lease, trust, or other agreements as authorized by the Act that are necessary and appropriate to the fulfillment of the public purpose of the Corporation, all of which agreements, and the specific uses, and the methods of withdrawal and expenditure of the proceeds of the bonds, notes, or other debt instruments, must be included as a part of the approval process of the Council required by paragraph (a) above. 50429377.1 4 (c) In the exercise of the powers of the Corporation, the Corporation may not enter into any loan, lease, trust, or other agreement the effect of which would grant, convey, transfer, mortgage, encumber, pledge or assign a security interest or any other interest in any property owned by the City. Any agreement entered into by the Corporation shall contain language substantially to the effect that any grant, conveyance, transfer, mortgage, encumbrance, pledge or assignment of property owned by the City is prohibited. Article Six No Members The Corporation has no members and is a nonstock corporation. Article Seven Sales Tax Upon receipt from the City of the proceeds of the sales and use tax imposed under Chapter 501, Chapter 502, and Chapter 505 of the Act, the Corporation may use the proceeds as permitted by the Act as now existing or as may be amended and this Certificate of Formation. Article Eight Amendment This Certificate of Formation may be amended at any time as provided in the Act, to make any changes and add any provisions which might have been included in this Certificate of Formation in the first instance or as may be permitted by subsequent changes in the law. Any amendment may be accomplished in either of the following manners: (1) The members of the Board of Directors of the Corporation shall file with the Council a written application requesting approval of the amendments to this Certificate of Formation, specifying in such application the amendments proposed to be made. The Council shall consider such application and, if it shall, by ordinance, duly find and determine that it is advisable that the proposed amendments be made it shall approve the form of the proposed amendments. The Board of Directors of the Corporation may then amend this Certificate of Formation by adopting such amendment at a meeting of the Board of Directors and delivering such amendments to the Secretary of State; or (2) The Council may, at its sole discretion, and at any time, amend this Certificate of Formation and alter or change the structure, organization, programs, or activities of the Corporation, or terminate or dissolve the Corporation (subject to the provisions of the Act, and subject to any limitation provided by applicable constitutions and laws of the impairment of contracts entered into by the Corporation) by ordinance adopting the amendment to this Certificate of Formation or certificate of dissolution at a meeting of the Council, and delivering a certificate of amendment or dissolution to the Secretary of State, as provided in the Act. A restated Certificate of Formation may be filed with the Secretary of State as provided in the Act without the consent of the Council. 50429377.1 5 Article Nine Registered Office and Registered Agent The street address of the registered office of the Corporation is 1400 Schertz Parkway, Schertz, Texas 78154, and the name of its registered agent at that address is John C. Kessel. Article Ten Board of Directors; Officers (a) The affairs of the Corporation shall be managed by a board of directors which shall be composed of seven (7) persons appointed by the Council. The terms of the board of directors named in this Amended and Restated Certificate of Formation shall be as follows: Three (3) of the directors shall be appointed to terms expiring May 31, 2013, and four (4) of the directors shall be appointed to terms expiring May 31, 2014. Thereafter, the terms of directors shall be two (2) years, expiring on May 31 of odd numbered and even numbered years, respectively. Directors may be appointed to succeed themselves. Each director must be a resident and qualified elector of the City. No employee or officer of the City or member of the Council may be a director. A majority of the entire membership of the board, including any vacancies, is a quorum. The board shall conduct all meetings within the boundaries of the City. (b) The names and street addresses of the persons who are to serve as the directors as of the effective date of this Amended and Restated Certificate of Formation and the dates of expiration of their terms as directors, are as follows: Names Addresses Expiration of Term Angelina I. T. Kiser 1400 Schertz Parkway Schertz, TX 78154 5/31/2013 Tim Brown 1400 Schertz Parkway Schertz, TX 78154 5/31/2013 Roy Richard, Jr. 1400 Schertz Parkway Schertz, TX 78154 5/31/2013 Grady Morris 1400 Schertz Parkway Schertz, TX 78154 5/31/2014 Marvin Thomas 1400 Schertz Parkway Schertz, TX 78154 5/31/2014 Matthew Duke 1400 Schertz Parkway Schertz, TX 78154 5/31/2014 Rosemary Scott 1400 Schertz Parkway Schertz, TX 78154 5/31/2014 Each director shall serve until a successor is appointed . Directors are removable by the Council at any time with or without cause. Any vacancy occurring on the board of directors (by 50429377.1 6 reason of death, resignation, or otherwise) shall be filled by appointment by the Council of a person who shall hold office until the expiration of the term. (c) The directors shall serve without compensation, but they shall be reimbursed for their actual expenses incurred in the performance of their duties as directors. (d) The board of directors shall elect a president, vice president, secretary, and any other officers that the Corporation considers necessary, to serve as executive officers of the Corporation, as more specifically provided in the Corporation’s Bylaws. The term of each officer’s office shall expire on May 31st of each year. The City Manager, or his designee, shall serve as the Executive Director of the Corporation to provide administrative support services for the Corporation, but the Executive Director shall not be a member of the board of directors. (e) Meetings of the board of directors are subject to the Texas Open Meetings Act, as amended (Texas Government Code, Chapter 551), and the Corporation is subject to the Texas Public Information Act, as amended (Texas Government Code, Chapter 552). Article Eleven Bylaws The Bylaws of the Corporation have been approved by the Council and shall be adopted by the Corporation’s board of directors and shall, together with this Certificate of Formation, govern the initial affairs of the Corporation until and unless amended in accordance with the provisions of the Act and this Certificate of Formation. Article Twelve Council Approval The City has specifically authorized the Corporation by Ordinance dated September 4, 2007 to act on its behalf to further the public purposes stated in such Ordinance and this Certificate of Formation, and the City has by such Ordinance approved the Corporation’s original Articles of Incorporation, as amended, and this Certificate of Formation. A copy of the Ordinance is on file among the permanent public records of the City and the Corporation. Article Thirteen Dissolution (a) The Corporation shall not be dissolved, and its business shall not be terminated, by act of the Council or otherwise, so long as the Corporation is obligated to pay any bonds, notes, or other obligations and unless the collection of the sales and use tax authorized by Chapter 501, Chapter 502 and Chapter 505 of the Act is eligible for termination in accordance with the provisions of Chapter 505 of the Act. (b) No action shall be taken pursuant to paragraph (a) of this Article or pursuant to paragraph (b) of Article Fifteen of this Certificate of Formation, in any manner or at any time that would impair any contract, lease, right, or other obligation theretofore executed, granted, or incurred by the Corporation. 50429377.1 7 Article Fourteen Not a Private Foundation If the Corporation is ever determined to be a private foundation within the meaning of section 509(a) of the Internal Revenue Code of 1986, as amended (the ”Code”), the Corporation: (1) shall distribute its income for each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by section 4942 of the Code; (2) shall not engage in any act of self-dealing as defined in section 4941(d) of the Code. (3) shall not retain any excess business holdings as defined in section 4943(c) of the Code; (4) shall not make any investments in such manner as to subject it to tax under section 4944 of the Code; and (5) shall not make any taxable expenditures as defined in section 4945(d) of the Code. Article Fifteen Miscellaneous (a) No dividends shall ever be paid by the Corporation, and no part of its net earnings remaining after payment of its expenses and other obligations shall be distributed to or inure to be benefit of its directors or officers, or any individual, private firm, or private corporation or association, except in reasonable amounts for services rendered. (b) If, after the close of any fiscal year, the board of directors determines that sufficient provision has been made for the full payment of all current expenses, together with all amounts payable on the contracts, agreements, bonds, notes, and other obligations of the Corporation, and that all of the terms, provisions, and covenants therein have been met, then any net earnings derived from sources other than the sales and use taxes collected for the account of Corporation pursuant to Chapter 501, Chapter 502, and Chapter 505 of the Act thereafter accruing in connection with projects financed pursuant to Chapter 501, Chapter 502, and Chapter 505 of the Act, and lease payments received in connection with projects financed pursuant to Chapter 501, Chapter 502, and Chapter 505 of the Act shall be used solely for the purposes permitted by Chapter 501, Chapter 502, and Chapter 505 of the Act and Article 4(a) of this Certificate of Formation. (c) If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal or mixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the City after satisfaction of debts and claims. 50429377.1 8 (d) No part of the Corporation’s activities shall consist of the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in any political campaign for or in opposition to any candidate for public office. (remainder of page intentionally left blank) 50429377.1 9 Dated this 5th day of February, 2013. CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION By: President By: Secretary CITY OF SCHERTZ, TEXAS By: City Secretary 50429377.1 ACKNOWLEDGEMENT THE STATE OF TEXAS § § COUNTY OF GUADALUPE § On this the ____ day of ______________, 2013, before me, the undersigned Notary Public, personally appeared __________________________, who acknowledged to me that he/she is the President of the City of Schertz Economic Development Corporation, and that he/she, as such official, being duly authorized to do so, executed the foregoing Amended and Restated Certificate of Formation of the City of Schertz Economic Development Corporation by signing his name in such capacity. IN WITNESS WHEREOF, I have hereon to set my hand and official seal. Notary Public of the State of Texas (Notary Seal) 50429377.1 ACKNOWLEDGEMENT THE STATE OF TEXAS § § COUNTY OF GUADALUPE § On this the ____ day of ____________, 2013, before me, the undersigned Notary Public, personally appeared _______________________________, who acknowledged to me that he/she is the Secretary/Treasurer of the City of Schertz Economic Development Corporation, and that he/she, as such official, being duly authorized to do so, executed the foregoing Amended and Restated Certificate of Formation of the City of Schertz Economic Development Corporation by signing his name in such capacity. IN WITNESS WHEREOF, I have hereon to set my hand and official seal. Notary Public of the State of Texas (Notary Seal) 50429377.1 12 ACKNOWLEDGEMENT THE STATE OF TEXAS § § COUNTY OF GUADALUPE § On this the ______ day of _________________, 2013, before me, the undersigned Notary Public, personally appeared Brenda Dennis, who acknowledged to me that she is the City Secretary of the City of Schertz, Texas, and that she, as such official, being duly authorized to do so, executed the foregoing Amended and Restated Certificate of Formation of the City of Schertz, Texas by signing her name in such capacity. IN WITNESS WHEREOF, I have hereon to set my hand and official seal. Notary Public of the State of Texas (Notary Seal) 50429380.1 - 1 - AMENDED AND RESTATED BYLAWS OF CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION ARTICLE I PURPOSE AND POWERS Section 1.1. Purpose. The Corporation is incorporated for the purposes set forth in Article Four of its Certificate of Formation, as amended (the “Certificate of Formation”), the same to be accomplished on behalf of the City of Schertz, Texas (the “City”) as its duly constituted authority and instrumentality in accordance with the Development Corporation Act, as amended (Title 12, Subtitle C1, Texas Local Government Code) (the “Act”), and other applicable laws. Section 1.2. Powers. In the fulfillment of its corporate purposes, the Corporation shall be governed by Chapter 501, Chapter 502, and Chapter 505 of the Act and an election held in the City on August 9, 1997 (the “Election”), and shall have all the powers set forth and conferred in its Certificate of Formation, in the Act, and in other applicable law, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. ARTICLE II BOARD OF DIRECTORS Section 2.1. Powers, Number and Term of Office. (a) The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the “Board”) under the guidance and direction of the City Council of the City (the “Council”) and, subject to the restrictions imposed by law, by the Certificate of Formation and by these Amended and Restated Bylaws (these “Bylaws”), the Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of seven (7) directors, each of whom shall be appointed by the Council. (c) The directors constituting the Board shall be those directors named in the Certificate of Formation, as amended and restated on July 12 (February 5, 2011 2013. Successor directors shall have the qualifications, shall be of the classes of directors, and shall be appointed to the terms set forth in the Certificate of Formation. (d) Any director may be removed from office by the Council at will. Section 2.2. Meetings of Directors. (a) The directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at the principal office of the Corporation as specified in Section 5.1 of these Bylaws. Regular meetings of the Board shall be held without the necessity of notice to directors at such times and places as shall be designated from time to time by the Board. Special meetings of the Board shall be held 50429380.1 - 2 - whenever called by the president, by a majority of the directors, by the Mayor of the City, or by a majority of the Council. (b) The secretary shall give notice to each director of each special meeting in person or my mail, telephone or telegraph, at least two (2) hours before the meeting. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a special meeting. At any meeting at which every director shall be present, even though without any notice, any matter pertaining to the purpose of the Corporation may be considered and acted upon consistent with applicable law. (c) Whenever any notice is required to be given to the Board, such notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled thereto at his or her post office address as it appears on the books of the Corporation, and such notice shall be deemed to have been given on the day of such mailing. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except attendance of a director at a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. Neither the business to be transacted at nor the purpose of any regular or special meeting of the Board need be specified in the notice to directors or waiver of notice of such meeting, unless required by the Board. A waiver of notice in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Section 2.3. Open Meetings Act. All meetings and deliberations of the Board shall be called, convened, held, and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act, as amended (Chapter 551, Texas Government Code) (the “Open Meetings Act”). Section 2.4. Quorum. A majority of the entire membership of the Board shall constitute a quorum to conduct official business of the Corporation. The act of a majority of the Board of Directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board and of the Corporation, unless the act of a greater number is required by law. Section 2.5. Conduct of Business. (a) At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with rules of procedure as from time to time prescribed by the Board. (b) The president shall preside at all meetings of the Board. In the absence of the president, the vice president shall preside. (c) The president shall be a voting member of the Board. (d) The secretary of the Corporation shall act as secretary of all meetings of the Board, but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. The treasurer and any assistant secretary may, at the option of the 50429380.1 - 3 - Board, be employees of the City and each member of the Board with the exception of the president, vice president, or secretary, may be appointed as assistant secretaries; provided, however, that to the extent the treasurer or any assistant secretary is an employee of the City such person shall not be a member of the Board. Section 2.6. Committees of the Board. The Board may designate two (2) or more directors or other persons to constitute a committee (including an advisory committee) of the Board to exercise such authority, as approved by resolution of the Board; provided, however, that all final, official actions of the Corporation may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation and any such meetings must be conducted in accordance with the provisions of the Open Meetings Act, if applicable. Section 2.7. Compensation of Directors. Directors shall not receive any salary or compensation for their services as directors. However, they shall be reimbursed for their actual expenses incurred in the performance of their official duties as directors. ARTICLE III OFFICERS Section 3.1. Titles and Terms of Office. (a) The officers of the Corporation shall be a president, a vice president, a secretary, and a treasurer, and such other officers as the Board may from time to time elect to fill a vacancy or as appointed by the Council. One person may hold more than one office, except that the president shall not hold the office of secretary. Initial officers shall serve for the terms disclosed in the Certificate of Formation. Thereafter, terms of office shall be for two (2) years with the term of office expiring on November May 31 of each year. Upon the expiration of the terms, each officer shall have the right to be reappointed or reelected. (b) All officers shall be subject to removal from office at any time by a vote of a majority of the Council. (c) A vacancy in the office of any director shall be filled by a vote of a majority of the Council. The remaining directors may recommend to the Council a person to be named to fill any such vacancy. Section 3.2. Powers and Duties of the President. The president shall be the chief operating executive officer of the Corporation, and, subject to the authority of the Board, the president shall be in general charge of the properties and affairs of the Corporation and execute all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes, and other instruments in the name of the Corporation. The president shall preside over the meetings of the Corporation. Section 3.3. Vice President. The vice president shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the president during that 50429380.1 - 4 - officer’s absence or inability to act. Any action taken by the vice president in the performance of the duties of the president shall be conclusive evidence of the absence or inability to act of the president at the time such action was taken. Section 3.4. Treasurer. The treasurer shall be the chief fiscal officer of the Corporation, and shall have the responsibility to see to the handling, custody, and security of all funds and securities of the Corporation in accordance with these Bylaws. When necessary or proper, the treasurer may endorse and sign, on behalf of the Corporation, for collection or issuance, checks, notes, and other obligations in or drawn upon such bank, banks, or depositories as shall be designated by the Board consistent with these Bylaws. The treasurer shall see to the entry in the books of the Corporation full and accurate accounts of all money received and paid out on account of the Corporation. The treasurer shall, at the expense of the Corporation, give such bond for the faithful discharge of his/her duties in such form, and amount as the Board or the Council may require. All check writing authority will follow all applicable City policies concerning authorizations, signatures and disbursements. Section 3.5. Secretary. The secretary shall keep the minutes of all meetings of the Board and books provided for that purpose, shall give and serve all notices, may sign with the president in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes, and other instruments of the Corporation, shall have charge of the corporate books, records, documents, and instruments, except the books of account and financial records and securities, and such other books and papers as the Board may direct, all of which shall at all reasonable times be open to public inspection upon application at the principal office of the Corporation during business hours, and shall in general perform all duties incident to the office of secretary subject to the control of the Board. Section 3.6. Executive Director. The City Manager, or his designee, will serve as the Executive Director of the Corporation to provide administrative support services for the Corporation and shall perform duties as prescribed by the Board and Council. The Executive Director shall not be a member of the Board. Section 3.7. General. The president, vice president, and the secretary shall be named from among the members of the Board. The treasurer and any assistant secretary may, at the option of the Board, be employees of the City. To the extent that the treasurer or any assistant secretary are employees of the City they shall not be members of the Board. The Executive Director shall retain legal counsel and financial advisors for the Corporation, subject to the approval of the majority of the Board. Section 3.8. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services, except that they shall be reimbursed for the actual expenses incurred in the performance of their official duties as officers. 50429380.1 - 5 - ARTICLE IV FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 4.1. City of Schertz Economic Development Corporation Plan. (a) It shall be the duty and obligation of the Board to finance and implement the City of Schertz Economic Development Corporation Plan subject to approval or disapproval by Council. (b) In carrying out its obligations under subsection (a), the Corporation shall be authorized to exercise all rights and powers granted under the Act, including, but not limited to Chapter 501, Chapter 502, and Chapter 505 of the Act. (c) The Board shall at least annually submit reports to the Council as to the status of its activities in carrying out its obligations under this Section. (d) Any and all agreements between the Corporation and other parties shall be authorized, executed, and approved, and delivered in accordance with applicable law. Section 4.2. Annual Corporate Budget. Prior to the commencement of each fiscal year of the Corporation, the Board shall adopt a proposed budget of expected revenues from sources set out in Section 4.5 of this Article and proposed expenditures for the next ensuing fiscal year. The budget shall contain such classifications and shall be in such form as may be prescribed from time to time by the Council. The budget shall not be effective until the same has been approved by the Council. Section 4.3. Books, Records, Audits. (a) The Corporation shall keep and properly maintain in accordance with generally accepting accounting principles, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. (b) At the direction of the Council, the books, records, accounts, and financial statements of the Corporation may be maintained for the Corporation by the accountants, staff and personnel of the City. (c) The Corporation, or the City if the option of subsection (b) is selected, shall cause its books, records, accounts, and financial statements to be studied at least once each fiscal year by an outside, independent auditing and accounting firm selected by Council and approved by the Board. Such an audit shall be at the expense of the Corporation. Section 4.4. Deposit and Investment of Corporation Funds. (a) All proceeds from loans or from the issuance of bonds, notes, or other debt instruments (“Obligations”) issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture, or other documents authorizing or relating to their execution or issuance. 50429380.1 - 6 - (b) Subject to the requirements of contracts, loan agreements, indentures, or other agreements securing Obligations, all other money of the Corporation, if any, shall be deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City. The Board, with Council approval, shall designate the accounts and depositories to be created and designated for such purposes, and the methods of withdrawal of funds therefrom for use by and for the purposes of the Corporation upon the signature of its treasurer and such other persons as the Board designates. The accounts, reconciliation, and investment of such funds and accounts shall be performed by the City Manager of the City, or his designee. Section 4.5. Expenditure of Corporate Money. The sales and use taxes collected pursuant to Chapter 501, Chapter 502, and Chapter 505 of the Act and the proceeds from the investment of funds of the Corporation, the proceeds from the sale of property, revenues generated by any Projects as defined in Chapter 501, Chapter 502, and Chapter 505 of the Act and payable to the Corporation or any other source of revenues that are payable to the Corporation, and the proceeds derived from the sale of Obligations, may be expended by the Corporation for any of the purposes authorized by the Act, the Certificate of Formation, the City’s Home Rule Charter, and the Election, subject to the following limitations: Expenditures that may be made from a fund created with the proceeds of Obligations, and expenditures of money derived from sources other than the proceeds of Obligations may be used for the purpose of financing or otherwise providing one or more Projects, as defined in Chapter 501, Chapter 502, and Chapter 505 of the Act and in accordance with the Election; All other proposed expenditures shall be made in accordance with and shall be set forth in the annual budget required by Section 4.2 or in contracts meeting the requirements of Section 4.1(d) of this Article. Section 4.6. Issuance of Obligations. No Obligations, including refunding obligations, shall be authorized or sold and delivered by the Corporation unless the Council approves such Obligations by action taken prior to the date of initial delivery of the Obligations to the initial purchasers thereof. ARTICLE V MISCELLANEOUS PROVISIONS Section 5.1. Principal Office. (a) The principal office and the registered office of the Corporation shall be the registered office of the Corporation specified in the Certificate of Formation. (b) The Corporation shall have and shall continually designate a registered agent at its office, as required by the Act. Section 5.2. Fiscal Year. The fiscal year of the Corporation shall be the same as the fiscal year of the City. 50429380.1 - 7 - Section 5.3. Seal. The seal, if any, of the Corporation shall be determined by the Board. Section 5.4. Resignations. Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein, or, if no time is specified, at the time of its receipt by the president or secretary. The acceptance of resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Section 5.5. Approval or Advice and Consent of the Council. To the extent that these Bylaws refer to any approval by the City or refer to advice and consent by the Council, such advice and consent shall be evidenced by a certified copy of a resolution, ordinance, or motion duly adopted by the Council. Section 5.6. Services of City Staff and Officers. To the extent possible, the Corporation shall utilize the services and the staff employees of the City. All requests for staff time or inquiries of staff will be requested through the City Manager’s Office. Section 5.7. Indemnification of Directors, Officers and Employees. (a) As provided in the Act, the Corporation is, for the purposes of the Texas Tort Claims Act, as amended (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its officers and its employees and each member of the Council and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorneys fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the sanctions and activities of the Corporation. The legal counsel for the Corporation is authorized to provide a defense for members of the Board, officers, and employees of the Corporation. ARTICLE VI EFFECTIVE DATE, AMENDMENTS Section 6.1. Effective Date. These Bylaws shall become effective upon the approval of these Bylaws by the Council. Section 6.2. Amendments to Certificate of Formation and Bylaws. The Certificate of Formation of the Corporation and these Bylaws may be amended only in the manner provided in the Certificate of Formation and the Act. * * * Adopted: July 12, 2011 (February 5, 2013) 50429380.1 - 1 - AMENDED AND RESTATED BYLAWS OF CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION ARTICLE I PURPOSE AND POWERS Section 1.1. Purpose. The Corporation is incorporated for the purposes set forth in Article Four of its Certificate of Formation, as amended (the “Certificate of Formation”), the same to be accomplished on behalf of the City of Schertz, Texas (the “City”) as its duly constituted authority and instrumentality in accordance with the Development Corporation Act, as amended (Title 12, Subtitle C1, Texas Local Government Code) (the “Act”), and other applicable laws. Section 1.2. Powers. In the fulfillment of its corporate purposes, the Corporation shall be governed by Chapter 501, Chapter 502, and Chapter 505 of the Act and an election held in the City on August 9, 1997 (the “Election”), and shall have all the powers set forth and conferred in its Certificate of Formation, in the Act, and in other applicable law, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. ARTICLE II BOARD OF DIRECTORS Section 2.1. Powers, Number and Term of Office. (a) The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the “Board”) under the guidance and direction of the City Council of the City (the “Council”) and, subject to the restrictions imposed by law, by the Certificate of Formation and by these Amended and Restated Bylaws (these “Bylaws”), the Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of seven (7) directors, each of whom shall be appointed by the Council. (c) The directors constituting the Board shall be those directors named in the Certificate of Formation, as amended and restated on February 5, 2013. Successor directors shall have the qualifications, shall be of the classes of directors, and shall be appointed to the terms set forth in the Certificate of Formation. (d) Any director may be removed from office by the Council at will. Section 2.2. Meetings of Directors. (a) The directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at the principal office of the Corporation as specified in Section 5.1 of these Bylaws. Regular meetings of the Board shall be held without the necessity of notice to directors at such times and places as shall be designated from time to time by the Board. Special meetings of the Board shall be held 50429380.1 - 2 - whenever called by the president, by a majority of the directors, by the Mayor of the City, or by a majority of the Council. (b) The secretary shall give notice to each director of each special meeting in person or my mail, telephone or telegraph, at least two (2) hours before the meeting. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a special meeting. At any meeting at which every director shall be present, even though without any notice, any matter pertaining to the purpose of the Corporation may be considered and acted upon consistent with applicable law. (c) Whenever any notice is required to be given to the Board, such notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled thereto at his or her post office address as it appears on the books of the Corporation, and such notice shall be deemed to have been given on the day of such mailing. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except attendance of a director at a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. Neither the business to be transacted at nor the purpose of any regular or special meeting of the Board need be specified in the notice to directors or waiver of notice of such meeting, unless required by the Board. A waiver of notice in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Section 2.3. Open Meetings Act. All meetings and deliberations of the Board shall be called, convened, held, and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act, as amended (Chapter 551, Texas Government Code) (the “Open Meetings Act”). Section 2.4. Quorum. A majority of the entire membership of the Board shall constitute a quorum to conduct official business of the Corporation. The act of a majority of the Board of Directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board and of the Corporation, unless the act of a greater number is required by law. Section 2.5. Conduct of Business. (a) At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with rules of procedure as from time to time prescribed by the Board. (b) The president shall preside at all meetings of the Board. In the absence of the president, the vice president shall preside. (c) The president shall be a voting member of the Board. (d) The secretary of the Corporation shall act as secretary of all meetings of the Board, but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. The treasurer and any assistant secretary may, at the option of the 50429380.1 - 3 - Board, be employees of the City and each member of the Board with the exception of the president, vice president, or secretary, may be appointed as assistant secretaries; provided, however, that to the extent the treasurer or any assistant secretary is an employee of the City such person shall not be a member of the Board. Section 2.6. Committees of the Board. The Board may designate two (2) or more directors or other persons to constitute a committee (including an advisory committee) of the Board to exercise such authority, as approved by resolution of the Board; provided, however, that all final, official actions of the Corporation may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation and any such meetings must be conducted in accordance with the provisions of the Open Meetings Act, if applicable. Section 2.7. Compensation of Directors. Directors shall not receive any salary or compensation for their services as directors. However, they shall be reimbursed for their actual expenses incurred in the performance of their official duties as directors. ARTICLE III OFFICERS Section 3.1. Titles and Terms of Office. (a) The officers of the Corporation shall be a president, a vice president, a secretary, and a treasurer, and such other officers as the Board may from time to time elect to fill a vacancy or as appointed by the Council. One person may hold more than one office, except that the president shall not hold the office of secretary. Initial officers shall serve for the terms disclosed in the Certificate of Formation. Thereafter, terms of office shall be for two (2) years with the term of office expiring on May 31 of each year. Upon the expiration of the terms, each officer shall have the right to be reappointed or reelected. (b) All officers shall be subject to removal from office at any time by a vote of a majority of the Council. (c) A vacancy in the office of any director shall be filled by a vote of a majority of the Council. The remaining directors may recommend to the Council a person to be named to fill any such vacancy. Section 3.2. Powers and Duties of the President. The president shall be the chief operating executive officer of the Corporation, and, subject to the authority of the Board, the president shall be in general charge of the properties and affairs of the Corporation and execute all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes, and other instruments in the name of the Corporation. The president shall preside over the meetings of the Corporation. Section 3.3. Vice President. The vice president shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the president during that 50429380.1 - 4 - officer’s absence or inability to act. Any action taken by the vice president in the performance of the duties of the president shall be conclusive evidence of the absence or inability to act of the president at the time such action was taken. Section 3.4. Treasurer. The treasurer shall be the chief fiscal officer of the Corporation, and shall have the responsibility to see to the handling, custody, and security of all funds and securities of the Corporation in accordance with these Bylaws. When necessary or proper, the treasurer may endorse and sign, on behalf of the Corporation, for collection or issuance, checks, notes, and other obligations in or drawn upon such bank, banks, or depositories as shall be designated by the Board consistent with these Bylaws. The treasurer shall see to the entry in the books of the Corporation full and accurate accounts of all money received and paid out on account of the Corporation. The treasurer shall, at the expense of the Corporation, give such bond for the faithful discharge of his/her duties in such form, and amount as the Board or the Council may require. All check writing authority will follow all applicable City policies concerning authorizations, signatures and disbursements. Section 3.5. Secretary. The secretary shall keep the minutes of all meetings of the Board and books provided for that purpose, shall give and serve all notices, may sign with the president in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes, and other instruments of the Corporation, shall have charge of the corporate books, records, documents, and instruments, except the books of account and financial records and securities, and such other books and papers as the Board may direct, all of which shall at all reasonable times be open to public inspection upon application at the principal office of the Corporation during business hours, and shall in general perform all duties incident to the office of secretary subject to the control of the Board. Section 3.6. Executive Director. The City Manager, or his designee, will serve as the Executive Director of the Corporation to provide administrative support services for the Corporation and shall perform duties as prescribed by the Board and Council. The Executive Director shall not be a member of the Board. Section 3.7. General. The president, vice president, and the secretary shall be named from among the members of the Board. The treasurer and any assistant secretary may, at the option of the Board, be employees of the City. To the extent that the treasurer or any assistant secretary are employees of the City they shall not be members of the Board. The Executive Director shall retain legal counsel and financial advisors for the Corporation, subject to the approval of the majority of the Board. Section 3.8. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services, except that they shall be reimbursed for the actual expenses incurred in the performance of their official duties as officers. 50429380.1 - 5 - ARTICLE IV FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 4.1. City of Schertz Economic Development Corporation Plan. (a) It shall be the duty and obligation of the Board to finance and implement the City of Schertz Economic Development Corporation Plan subject to approval or disapproval by Council. (b) In carrying out its obligations under subsection (a), the Corporation shall be authorized to exercise all rights and powers granted under the Act, including, but not limited to Chapter 501, Chapter 502, and Chapter 505 of the Act. (c) The Board shall at least annually submit reports to the Council as to the status of its activities in carrying out its obligations under this Section. (d) Any and all agreements between the Corporation and other parties shall be authorized, executed, and approved, and delivered in accordance with applicable law. Section 4.2. Annual Corporate Budget. Prior to the commencement of each fiscal year of the Corporation, the Board shall adopt a proposed budget of expected revenues from sources set out in Section 4.5 of this Article and proposed expenditures for the next ensuing fiscal year. The budget shall contain such classifications and shall be in such form as may be prescribed from time to time by the Council. The budget shall not be effective until the same has been approved by the Council. Section 4.3. Books, Records, Audits. (a) The Corporation shall keep and properly maintain in accordance with generally accepting accounting principles, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. (b) At the direction of the Council, the books, records, accounts, and financial statements of the Corporation may be maintained for the Corporation by the accountants, staff and personnel of the City. (c) The Corporation, or the City if the option of subsection (b) is selected, shall cause its books, records, accounts, and financial statements to be studied at least once each fiscal year by an outside, independent auditing and accounting firm selected by Council and approved by the Board. Such an audit shall be at the expense of the Corporation. Section 4.4. Deposit and Investment of Corporation Funds. (a) All proceeds from loans or from the issuance of bonds, notes, or other debt instruments (“Obligations”) issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture, or other documents authorizing or relating to their execution or issuance. 50429380.1 - 6 - (b) Subject to the requirements of contracts, loan agreements, indentures, or other agreements securing Obligations, all other money of the Corporation, if any, shall be deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City. The Board, with Council approval, shall designate the accounts and depositories to be created and designated for such purposes, and the methods of withdrawal of funds therefrom for use by and for the purposes of the Corporation upon the signature of its treasurer and such other persons as the Board designates. The accounts, reconciliation, and investment of such funds and accounts shall be performed by the City Manager of the City, or his designee. Section 4.5. Expenditure of Corporate Money. The sales and use taxes collected pursuant to Chapter 501, Chapter 502, and Chapter 505 of the Act and the proceeds from the investment of funds of the Corporation, the proceeds from the sale of property, revenues generated by any Projects as defined in Chapter 501, Chapter 502, and Chapter 505 of the Act and payable to the Corporation or any other source of revenues that are payable to the Corporation, and the proceeds derived from the sale of Obligations, may be expended by the Corporation for any of the purposes authorized by the Act, the Certificate of Formation, the City’s Home Rule Charter, and the Election, subject to the following limitations: Expenditures that may be made from a fund created with the proceeds of Obligations, and expenditures of money derived from sources other than the proceeds of Obligations may be used for the purpose of financing or otherwise providing one or more Projects, as defined in Chapter 501, Chapter 502, and Chapter 505 of the Act and in accordance with the Election; All other proposed expenditures shall be made in accordance with and shall be set forth in the annual budget required by Section 4.2 or in contracts meeting the requirements of Section 4.1(d) of this Article. Section 4.6. Issuance of Obligations. No Obligations, including refunding obligations, shall be authorized or sold and delivered by the Corporation unless the Council approves such Obligations by action taken prior to the date of initial delivery of the Obligations to the initial purchasers thereof. ARTICLE V MISCELLANEOUS PROVISIONS Section 5.1. Principal Office. (a) The principal office and the registered office of the Corporation shall be the registered office of the Corporation specified in the Certificate of Formation. (b) The Corporation shall have and shall continually designate a registered agent at its office, as required by the Act. Section 5.2. Fiscal Year. The fiscal year of the Corporation shall be the same as the fiscal year of the City. 50429380.1 - 7 - Section 5.3. Seal. The seal, if any, of the Corporation shall be determined by the Board. Section 5.4. Resignations. Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein, or, if no time is specified, at the time of its receipt by the president or secretary. The acceptance of resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Section 5.5. Approval or Advice and Consent of the Council. To the extent that these Bylaws refer to any approval by the City or refer to advice and consent by the Council, such advice and consent shall be evidenced by a certified copy of a resolution, ordinance, or motion duly adopted by the Council. Section 5.6. Services of City Staff and Officers. To the extent possible, the Corporation shall utilize the services and the staff employees of the City. All requests for staff time or inquiries of staff will be requested through the City Manager’s Office. Section 5.7. Indemnification of Directors, Officers and Employees. (a) As provided in the Act, the Corporation is, for the purposes of the Texas Tort Claims Act, as amended (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its officers and its employees and each member of the Council and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorneys fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the sanctions and activities of the Corporation. The legal counsel for the Corporation is authorized to provide a defense for members of the Board, officers, and employees of the Corporation. ARTICLE VI EFFECTIVE DATE, AMENDMENTS Section 6.1. Effective Date. These Bylaws shall become effective upon the approval of these Bylaws by the Council. Section 6.2. Amendments to Certificate of Formation and Bylaws. The Certificate of Formation of the Corporation and these Bylaws may be amended only in the manner provided in the Certificate of Formation and the Act. * * * Adopted: February 5, 2013 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: January 29, 2013 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a regular meeting on January 15, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on January 15, 2013. ATTACHMENT Minutes –regular meeting January 15, 2013 1-15-2013 Minutes MINUTES REGULAR MEETING January 15, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 15, 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 Councilmember Cedric Edwards Staff Present: City Manager John C. Kessel Executive Director John Bierschwale Executive Director David Harris Executive Director Brian James City Attorney Samantha Dyal Chief of Staff Bob Cantu City Secretary Brenda Dennis CALL TO ORDER: Mayor Carpenter called the Regular Meeting to order at 6:00 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 19, 2013 – Schertz/Selma 5K Run, Bluebonnet Dance Hall, Selma • Friday- Sunday, February 1-3, 2013 – TML Elected Officials Conference, Austin • Monday, February 4, 2013 – TML Legislative Briefing, Austin Mr. Harris also reminded Council to please visit Schertz.com and complete the City Parks Survey. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who announced that Olivia Grace Tapley, was born at 2:42 a.m. this morning. She was 19 inches and weighed 7 pounds 2 ounces. 1-15-2013 Minutes Mr. Kessel publicly thanked the Public Affairs Department for the coordination, planning, and hosting of the 2013 Central Texas Environmental Summit that was held in the Civic Center on Monday, January 14, 2013. Presentations • Presentation regarding The Certificate of Achievement for Excellence in Financial Reporting. (J. Kessel/J. Santoya/R. Galindo) Mayor Carpenter and City Manager John Kessel recognized Juan Santoya, Director of Finance, who presented The Certificate of Achievement for Excellence in Finance Reporting. The City has received this award for 27 years. • Presentation by Schertz Historical Preservation Committee regarding the possibility of a Coat of Arms for the City of Schertz. (B. James/D. Weirtz) Mayor Carpenter recognized Mr. Dean Weirtz, Chair of the Historical Preservation Committee, who presented a proposed Coat of Arms that was developed by the Schertz Historical Preservation Committee. Mr. Weirtz stated the Schertz Historical Committee believes that a Coat of Arms would brand the City and portray the history of the City. Mr. Weirtz answered questions from Council regarding the proposed Coat of Arms, the concept, and use. Mayor Carpenter stated he believes that the City should move forward on adopting a Coat of Arms for the City and requested this item be placed back on an agenda in two weeks for further discussion. Council concurred. 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: • Ms. Maggie Titterington, Schertz Chamber of Commerce, who updated the Council on Chamber events. 1-15-2013 Minutes 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) The following was read into record: RESOLUTION NO. 13-R-03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE EXTENSION FOR ONE YEAR FOR THE BANK DEPOSITORY AGREEMENT WITH SCHERTZ BANK & TRUST, AND OTHER MATTERS IN CONNECTION THEREWITH 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) Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Scagliola to approve Consent agenda items 1, 2, and 3. The vote was unanimous with Mayor Pro-Tem Antuna, Councilmembers Fowler, Scagliola, and Edwards voting yes and no one voting no. Motion carried. 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) The following was read into record: 1-15-2013 Minutes 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 Mayor Carpenter recognized City Secretary Brenda Dennis who presented information regarding the appointment process for the vacant Place 5 City Council Position. She stated the advertisement will be placed in the Northeast Herald, the Daily Commercial Recorder, and on www.Schertz.com. Mayor Carpenter recognized Councilmember Edwards who requested that the ad also be placed on line and in the San Antonio Express-News. Councilmember Scagliola recommended placing the ad in the Schertz Magazine as well, but the dates would need to be adjusted to allow anyone who is interested in the position to have the opportunity to apply. Mayor and Council discussed this item and the application process in further detail. Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Mayor Pro- Tem Antuna to approve Resolution No. 13-R-04 requesting advertisement in the Northeast Herald, the Daily Commercial Recorder, the San Antonio Express-News, and the Schertz Magazine, City’s website, as well as extending the deadline for submission of an application to Friday, February 8, 2013, 12:00 noon. Interviews will be conducted on Tuesday, February 12, 2013, at 4:00 p.m. Discussion on this item and the dates and times for interviews were further discussed. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Scagliola to call for the vote and end debate. The vote was unanimous with Mayor Pro-Tem Antuna, Councilmembers Fowler, Scagliola, and Edwards voting yes and no one voting no. The debate ended. Motion carried. Mayor Carpenter called for a vote on the original motion. The vote was unanimous with Mayor Pro-Tem Antuna, Councilmembers Fowler, Scagliola, and Edwards voting yes and no one voting no. Motion carried. 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) 1-15-2013 Minutes The following was read into record: 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. Mayor Carpenter recognized Engineer-In-Training Larry Busch, Jr. who briefed Council on the recommendation to shorten the school zone on FM 1518 and Main Street, as well as the zone on East Aviation. The recommendation also includes placing a school zone sign on Curtiss Avenue. The Texas Department of Transportation, the Traffic Safety Advisory Commission, and staff agree to these changes. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Scagliola to approve Ordinance No. 13-D-01 on first reading. The vote was unanimous with Mayor Pro-Tem Antuna, Councilmembers Fowler, Scagliola, and Edwards voting yes and no one voting no. Motion carried. 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 right-of-ways, 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) The following was read into record: ORDINANCE NO. 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 RIGHT-OF-WAYS, 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 1-15-2013 Minutes 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. Mayor Carpenter recognized Assistant Public Works Director Jim Hooks who briefed the Council on the issues regarding motor vehicles and off-highway vehicles in drainage ditches, right-of-ways, easements, and other unimproved land and answered questions from Council. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Fowler to approve Ordinance No. 13-D-02 on first reading. The vote was unanimous with Mayor Pro-Tem Antuna, Councilmembers Fowler, Scagliola, and Edwards voting yes and no one voting no. 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 6. Executive Session Due to lack of need, there was no Executive Session. 7. Take any action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements provided. 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. No information requested. 11. Announcements by Mayor and Councilmembers 1-15-2013 Minutes • 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 Councilmember Fowler who attended the following meetings, ribbon cuttings, and events: • 2013 Central Texas Environmental Summit, Monday, January 14, 2013 • Schertz Chamber of Commerce January Luncheon, Tuesday, January 15, 2013 • Dual Arc Dentistry Ribbon Cutting, Tuesday, January 15, 2013 Mayor Carpenter recognized Councilmember Scagliola who attended the following meetings, ribbon cuttings, and events: • Schertz Chamber of Commerce January Luncheon, Tuesday, January 15, 2013 • Dual Arc Dentistry Ribbon Cutting, Tuesday, January 15, 2013 Adjournment As there was no further business, the meeting was adjourned at 7:07 p.m. ___________________________________ Mayor, Michael R. Carpenter ATTEST: ___________________________________________ City Secretary, Brenda Dennis Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: January 29, 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 (Final 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. City Council approved this on first reading at their meeting of January 15, 2013. 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 final 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 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 29th day of January, 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 EXISTING SCHOOL ZONE FLASHING LIGHT D.A.E.P. ALLISON STEELE ENHANCED LEARNING CENTER B.V.Y.A. MAIN ST FM 78 WRIG H T A V E CURT I S S A V E O A K S T E AVI A T I O N B L V D L I N D B E R G H A V E EXCH A N G E A V E E L M A V E WINB U R N A V E B E A C O N A V E E FM 1518 N A Z T E C W A Y FM 78 MAIN S T O A K S T WRIG H T A V E AERO A V E E L M A V E WINBU R N A V E 1 S T S T CURT I S S A V E BROO K S A V E E AVIA T I O N B L V D AZ T E C W A Y EXCH A N G E A V E E FM 1518 N ZUEH L N O R T H S T E F M 1 5 1 8 N 0 100 200 300 400 500 60050 Feet /Proposed School Zone Existing School Zone to Be Removed Building Footprints City of Schertz ITEM NO. 4 MAIN STREET SCHOOL ZONE Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: January 29, 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. Final Reading 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. City Council approved this on first reading at their meeting of January 15, 2013. 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 on final reading 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 29th day of January, 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. Agenda No. 8 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: January 29, 2013 Department: EMS Subject: Resolution No. 13-R-05 - EMS Accounts Receivables Adjustments BACKGROUND: Per City Policy, EMS is to bring our contractual and accounts receivables adjustments before City Council for proper accounting procedures to be accomplished by the Finance Department. FISCAL IMPACT The first adjustments we are requesting Council to make are on private pay accounts that have been referred to our collection agency (MVBA). These represent accounts that were sent to MVBA from September 1, 2012 through November 30, 2012. For this period we are requesting to remove $409,062.21 from our accounts receivables account. These funds, from 434 separate accounts will continue to be pursued and if recovered will be accounted for as miscellaneous revenue. The second adjustment comes from our internal billing procedures. Some of these are negotiated charge reductions, write-off’s of co-pays for citizens in the cities we serve, bills of homeless patients who we cannot locate any longer, and bills of deceased patients who do not have insurance or estates from which to recover EMS charges for service. The amount of this category is $36,028.22. This period’s total adjustments are $445,090.43. This is the first Account Receivable Adjustment of Fiscal Year 2013 out of a budgeted amount of $1,777,545. RECOMMENDATION Staff recommends Council approve Resolution No. 13-R-05 ATTACHMENTS Resolution No. 13-R-05 RESOLUTION NO. 13-R-05 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS FOR INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the City maintains quarterly debt revenue adjustments for inactive outstanding accounts; and WHEREAS, the City Council has determined that it is in the best interest of the City that all inactive outstanding accounts after 180 days non payment will be sent to City Council for consideration of EMS Billing Debt Revenue Adjustments attached hereto as Exhibit A. (the “Account Receivable Adjustment Register”). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the EMS Billing Debt Revenue Adjustment on the write off audit register, 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 finding 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 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 29th day of January, 2013. CITY OF SCHERTZ, TEXAS __________________________________ Mayor, Michael Carpenter ATTEST: ___________________________ City Secretary, Brenda Dennis (CITY SEAL) Exhibit A EMS Account Receivable Adjustment Register September 1, 2012 – November 30, 2012 PRIVATE PAY EMS COLLECTION ACCOUNTS: Collection accounts with Collection Agency (09/01/12 – 11/30/12): $409,062.21 EMS BILLING PROCEDURAL REVENUE ADJUSTMENTS: Revenue adjustments by EMS Billing (09/01/12 – 11/30/12): $ 36,028.22 TOTAL REQUESTED ADJUSTMENTS: $445,090.43 Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: January 29, 2013 Department: Business Office/Utility Billing Subject: Resolution No. 12-R-06 - Utility Billing Debt Revenue Adjustments BACKGROUND Goal Our goal is to ensure that our outstanding receivables are current. Community Benefit By exhausting all efforts to collect outstanding debts, this will insure the lowest possible rate to the community. Summary of Recommended Action It is the recommendation of the City Auditor, Debbie Fraser, to keep our receivables current. FISCAL IMPACT To ensure that our outstanding receivables are current, we are requesting to write-off $10,436.50 of uncollectible Water, Sewer, Garbage, and Drainage Accounts. The amounts included in this request are for the period of March 1, 2012 through July 31, 2012. All collections efforts have been exhausted. RECOMMENDATION Staff recommends City Council approve Resolution No. 13-R-06 for the Write-Off amount of $10,436.50. ATTACHMENT Resolution No. 13-R-06 Utility Billing Debt Revenue Adjustments RESOLUTION NO. 13-R-06 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING UTILITY BILLING DEBT REVENUE ADJUSTMENTS FOR INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the City maintains quarterly debt revenue adjustments for inactive outstanding accounts; and WHEREAS, the City Council has determined that it is in the best interest of the City that all inactive outstanding accounts after 180 days non payment will be sent to City Council for consideration of Utility Billing Debt Revenue Adjustments attached hereto as “Exhibit A”. (the “ Write Off Audit Register”). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes Utility Billing Debt Revenue Adjustment on the write off audit register, 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 finding 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 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 29th day of January, 2013. CITY OF SCHERTZ, TEXAS __________________________________ Mayor, Michael Carpenter ATTEST: ___________________________ City Secretary, Brenda Dennis (CITY SEAL) 01-18-2013 12:56 PM W R I T E O F F A U D I T R E G I S T E R PAGE: 1 G/L POSTING DATE: 1/18/2013 ** TRANSFER TO BAD DEBT ** PACKET: 42683 POSTING TYPE: BOTH COMMENT CODE: BDEBT-BAD DEBT ACCOUNT FLAG ACCOUNT: NO BALANCE ACCOUNT NO ============ NAME ============ LAST BILL ------------------------------------------------------------------------------------------------------------------------------------ 01-0276-02-0 NESBITT, LANA 990.27 100-WATER 450.33 200-SEWER 281.88 300-GARBAG 163.40 ** LAST PAYMENT MADE: 12/29/2011 4/09/2012 350-STAX 13.48 500-PENALT 81.18 ------------------------------------------------------------------------------------------------------------------------------------ 01-0530-13-0 GARCIA JR, VICTOR 199.89 100-WATER 104.92 200-SEWER 44.77 300-GARBAG 31.40 ** LAST PAYMENT MADE: 3/19/2012 4/03/2012 350-STAX 2.59 400-RECYCL 5.17 500-PENALT 11.04 ------------------------------------------------------------------------------------------------------------------------------------ 02-0990-02-0 HOLDSWORTH, GARY 192.29 100-WATER 107.62 200-SEWER 42.46 300-GARBAG 24.66 ** LAST PAYMENT MADE: 5/31/2012 7/28/2012 316-EXTENS 3.63 350-STAX 2.04 400-RECYCL 4.06 500-PENALT 7.82 ------------------------------------------------------------------------------------------------------------------------------------ 02-1080-04-0 REESE, BRANDI 80.07 100-WATER 32.50 200-SEWER 25.09 300-GARBAG 15.24 ** LAST PAYMENT MADE: 4/30/2012 6/28/2012 350-STAX 1.26 400-RECYCL 2.51 500-PENALT 3.47 ------------------------------------------------------------------------------------------------------------------------------------ 02-1580-04-0 LUTZ, BRENDA 76.00 100-WATER 42.33 200-SEWER 10.86 300-GARBAG 16.59 ** LAST PAYMENT MADE: 5/04/2012 4/03/2012 350-STAX 1.37 500-PENALT 4.85 ------------------------------------------------------------------------------------------------------------------------------------ 04-0550-14-0 TREVINO, KIMBERLY 23.69 100-WATER 11.97 200-SEWER 6.62 300-GARBAG 4.09 ** LAST PAYMENT MADE: 6/15/2012 7/28/2012 350-STAX 0.34 400-RECYCL 0.67 ------------------------------------------------------------------------------------------------------------------------------------ 05-0660-09-0 WASHINGTON, LARRY 193.48 100-WATER 91.30 200-SEWER 48.76 300-GARBAG 31.47 ** LAST PAYMENT MADE: 2/06/2012 5/28/2012 350-STAX 2.60 400-RECYCL 5.18 500-PENALT 14.17 ------------------------------------------------------------------------------------------------------------------------------------ 06-0720-04-0 MARTINEZ, RAUL 96.49 100-WATER 41.51 200-SEWER 32.97 300-GARBAG 15.26 ** LAST PAYMENT MADE: 3/16/2012 4/28/2012 350-STAX 1.26 400-RECYCL 2.51 500-PENALT 2.98 ------------------------------------------------------------------------------------------------------------------------------------ 08-0320-11-0 CHAVEZ, RUBEN & ELVIA 118.97 100-WATER 56.58 200-SEWER 34.61 204-DRAINA 2.66 ** LAST PAYMENT MADE: 4/17/2012 5/20/2012 300-GARBAG 19.86 350-STAX 1.65 400-RECYCL 3.27 500-PENALT 0.34 ------------------------------------------------------------------------------------------------------------------------------------ 08-1070-09-0 SUAREZ, ANGEL 76.36 100-WATER 35.78 200-SEWER 25.29 300-GARBAG 10.03 ** LAST PAYMENT MADE: 11/21/2012 7/20/2012 350-STAX 0.82 400-RECYCL 1.65 500-PENALT 2.79 ------------------------------------------------------------------------------------------------------------------------------------ 08-1430-07-0 CHAPA, VERONICA 156.10 100-WATER 88.05 200-SEWER 45.39 300-GARBAG 13.63 ** LAST PAYMENT MADE: 4/26/2012 6/20/2012 350-STAX 1.13 400-RECYCL 2.24 500-PENALT 5.66 ------------------------------------------------------------------------------------------------------------------------------------ 09-0730-00-0 ASTRAN, EVA 254.24 100-WATER 116.83 200-SEWER 45.39 204-DRAINA 12.55 ** LAST PAYMENT MADE: 11/07/2011 3/09/2012 300-GARBAG 49.64 350-STAX 4.10 400-RECYCL 8.18 500-PENALT 17.55 ------------------------------------------------------------------------------------------------------------------------------------ 09-1720-10-0 FLORES, JACOB & SHANDRA 29.05 100-WATER 13.97 200-SEWER 7.56 300-GARBAG 5.49 ** LAST PAYMENT MADE: 3/19/2012 5/09/2012 350-STAX 0.46 400-RECYCL 0.91 500-PENALT 0.66 ------------------------------------------------------------------------------------------------------------------------------------ 11-0380-06-0 GILBERT, RANDELL & TRACY 69.89 100-WATER 30.73 200-SEWER 24.12 300-GARBAG 12.01 ** LAST PAYMENT MADE: 3/02/2012 3/28/2012 350-STAX 0.99 400-RECYCL 1.97 500-PENALT 0.07 ------------------------------------------------------------------------------------------------------------------------------------ 12-0150-08-0 DEMENT, DIANE M 69.92 100-WATER 36.44 200-SEWER 19.14 300-GARBAG 11.50 ** LAST PAYMENT MADE: 2/01/2012 3/28/2012 350-STAX 0.95 400-RECYCL 1.89 ------------------------------------------------------------------------------------------------------------------------------------ 14-0193-00-0 HERRERA, FRANCES C 132.75 100-WATER 113.42 200-SEWER 19.33 ** LAST PAYMENT MADE: 6/01/2012 7/03/2012 ------------------------------------------------------------------------------------------------------------------------------------ 14-0205-09-0 FELSING, CHRIS 173.66 100-WATER 93.90 200-SEWER 39.86 300-GARBAG 24.13 ** LAST PAYMENT MADE: 0/00/0000 4/03/2012 350-STAX 1.99 400-RECYCL 3.78 500-PENALT 10.00 01-18-2013 12:56 PM W R I T E O F F A U D I T R E G I S T E R PAGE: 2 G/L POSTING DATE: 1/18/2013 ** TRANSFER TO BAD DEBT ** PACKET: 42683 POSTING TYPE: BOTH COMMENT CODE: BDEBT-BAD DEBT ACCOUNT FLAG ACCOUNT: NO BALANCE ACCOUNT NO ============ NAME ============ LAST BILL ------------------------------------------------------------------------------------------------------------------------------------ 14-3102-01-0 KEIGHER, BEAU 47.60 100-WATER 16.57 200-SEWER 18.20 204-DRAINA 2.71 ** LAST PAYMENT MADE: 3/14/2012 4/03/2012 300-GARBAG 8.11 350-STAX 0.67 400-RECYCL 1.34 ------------------------------------------------------------------------------------------------------------------------------------ 14-3264-01-0 CLARK, LYNN 17.22 100-WATER 9.01 200-SEWER 4.77 300-GARBAG 2.76 ** LAST PAYMENT MADE: 5/16/2012 6/03/2012 350-STAX 0.23 400-RECYCL 0.45 ------------------------------------------------------------------------------------------------------------------------------------ 14-3650-01-0 LEBOWITZ, KENNETH A 99.39 100-WATER 60.53 200-SEWER 18.16 300-GARBAG 14.37 ** LAST PAYMENT MADE: 5/18/2012 7/03/2012 350-STAX 1.19 400-RECYCL 2.36 500-PENALT 2.78 ------------------------------------------------------------------------------------------------------------------------------------ 18-0010-09-0 CAVALIER, JAYME & JOSHUA 19.51 100-WATER 11.23 200-SEWER 4.67 300-GARBAG 2.89 ** LAST PAYMENT MADE: 5/08/2012 6/15/2012 350-STAX 0.24 400-RECYCL 0.48 ------------------------------------------------------------------------------------------------------------------------------------ 18-1910-04-0 CRUMLING, DARRELL 116.83 100-WATER 64.09 200-SEWER 30.39 300-GARBAG 15.18 ** LAST PAYMENT MADE: 2/14/2012 3/15/2012 350-STAX 1.26 400-RECYCL 2.50 500-PENALT 3.41 ------------------------------------------------------------------------------------------------------------------------------------ 18-1940-07-0 GARZA, MARICELLA G. 39.83 100-WATER 20.59 200-SEWER 10.02 300-GARBAG 6.30 ** LAST PAYMENT MADE: 3/15/2012 6/15/2012 350-STAX 0.52 400-RECYCL 1.04 500-PENALT 1.36 ------------------------------------------------------------------------------------------------------------------------------------ 18-2700-01-0 WRIGHT, JEWELL 41.23 100-WATER 34.42 204-DRAINA 6.81 ** LAST PAYMENT MADE: 1/18/2012 3/15/2012 ------------------------------------------------------------------------------------------------------------------------------------ 19-0450-09-0 AL-ARAIBI, COLEEN 81.85 100-WATER 39.17 200-SEWER 24.11 300-GARBAG 13.26 ** LAST PAYMENT MADE: 3/16/2012 4/15/2012 350-STAX 1.10 400-RECYCL 2.18 500-PENALT 2.03 ------------------------------------------------------------------------------------------------------------------------------------ 19-1190-05-0 STRILCHUK******, EUGENE & JANIE 189.69 100-WATER 99.61 200-SEWER 55.00 300-GARBAG 20.64 ** LAST PAYMENT MADE: 2/29/2012 4/15/2012 316-EXTENS 2.98 350-STAX 1.70 400-RECYCL 3.39 500-PENALT 6.37 ------------------------------------------------------------------------------------------------------------------------------------ 19-2240-03-0 ANDERSON, NICHOLAS 59.33 100-WATER 29.24 200-SEWER 16.02 300-GARBAG 11.28 ** LAST PAYMENT MADE: 4/16/2012 5/15/2012 350-STAX 0.93 400-RECYCL 1.86 ------------------------------------------------------------------------------------------------------------------------------------ 19-2770-14-0 HALPHEN, GUSTAVO & REAGA 114.26 100-WATER 57.72 200-SEWER 34.37 204-DRAINA 4.69 ** LAST PAYMENT MADE: 5/22/2012 7/15/2012 300-GARBAG 14.01 350-STAX 1.16 400-RECYCL 2.31 ------------------------------------------------------------------------------------------------------------------------------------ 19-3350-02-0 DANIEL, GARY 151.35 100-WATER 81.99 200-SEWER 33.65 204-DRAINA 3.42 ** LAST PAYMENT MADE: 6/14/2012 7/15/2012 300-GARBAG 19.63 350-STAX 1.62 400-RECYCL 3.23 500-PENALT 7.81 ------------------------------------------------------------------------------------------------------------------------------------ 20-0690-09-0 ROGERS, MICHELLE R. 238.17 100-WATER 148.31 200-SEWER 36.99 300-GARBAG 22.24 ** LAST PAYMENT MADE: 1/05/2012 4/20/2012 350-STAX 1.84 400-RECYCL 3.65 500-PENALT 25.14 ------------------------------------------------------------------------------------------------------------------------------------ 20-0860-07-0 SOLIZ, SANDRA 24.10 100-WATER 10.78 200-SEWER 7.38 300-GARBAG 4.56 ** LAST PAYMENT MADE: 6/01/2012 7/20/2012 350-STAX 0.37 400-RECYCL 0.75 500-PENALT 0.26 ------------------------------------------------------------------------------------------------------------------------------------ 20-0895-12-0 STROUP, KATIE 111.93 100-WATER 52.67 200-SEWER 28.85 300-GARBAG 18.72 ** LAST PAYMENT MADE: 3/23/2012 6/20/2012 350-STAX 1.55 400-RECYCL 3.08 500-PENALT 7.06 ------------------------------------------------------------------------------------------------------------------------------------ 20-1060-04-0 REINA, MARIO A 92.55 100-WATER 41.77 200-SEWER 21.57 204-DRAINA 6.18 ** LAST PAYMENT MADE: 3/12/2012 4/20/2012 300-GARBAG 18.46 350-STAX 1.53 400-RECYCL 3.04 ------------------------------------------------------------------------------------------------------------------------------------ 20-1110-03-0 HERNANDEZ, LEANNE 120.83 100-WATER 58.28 200-SEWER 30.55 300-GARBAG 19.48 ** LAST PAYMENT MADE: 3/23/2012 6/20/2012 350-STAX 1.62 400-RECYCL 3.21 500-PENALT 7.69 01-18-2013 12:56 PM W R I T E O F F A U D I T R E G I S T E R PAGE: 3 G/L POSTING DATE: 1/18/2013 ** TRANSFER TO BAD DEBT ** PACKET: 42683 POSTING TYPE: BOTH COMMENT CODE: BDEBT-BAD DEBT ACCOUNT FLAG ACCOUNT: NO BALANCE ACCOUNT NO ============ NAME ============ LAST BILL ------------------------------------------------------------------------------------------------------------------------------------ 20-1230-03-0 MARTINEZ, MODESTO 237.30 100-WATER 95.23 200-SEWER 74.38 300-GARBAG 38.66 ** LAST PAYMENT MADE: 12/16/2011 4/20/2012 350-STAX 3.20 400-RECYCL 6.36 500-PENALT 19.47 ------------------------------------------------------------------------------------------------------------------------------------ 20-1800-08-0 GARCIA, LILIANA 103.29 100-WATER 57.66 200-SEWER 24.18 300-GARBAG 14.72 ** LAST PAYMENT MADE: 2/21/2012 4/03/2012 350-STAX 1.22 400-RECYCL 2.43 500-PENALT 3.08 ------------------------------------------------------------------------------------------------------------------------------------ 20-2700-02-0 MONFETTE, GWENDOLYN 258.03 100-WATER 111.77 200-SEWER 89.25 204-DRAINA 4.99 ** LAST PAYMENT MADE: 2/21/2012 4/20/2012 300-GARBAG 31.19 350-STAX 2.58 400-RECYCL 5.13 500-PENALT 13.12 ------------------------------------------------------------------------------------------------------------------------------------ 21-1338-02-0 TABOR, CHRISTINA & SKY 77.78 100-WATER 36.77 200-SEWER 19.45 204-DRAINA 4.56 ** LAST PAYMENT MADE: 5/24/2012 4/03/2012 300-GARBAG 13.63 350-STAX 1.13 400-RECYCL 2.24 ------------------------------------------------------------------------------------------------------------------------------------ 22-0242-00-0 CLARK, CAROL********** 19.47 100-WATER 10.19 200-SEWER 4.57 300-GARBAG 3.78 ** LAST PAYMENT MADE: 6/01/2012 5/20/2012 350-STAX 0.31 400-RECYCL 0.62 ------------------------------------------------------------------------------------------------------------------------------------ 23-2430-05-0 LINDSEY *******, TAMARON 52.58 100-WATER 23.87 200-SEWER 17.61 300-GARBAG 8.83 ** LAST PAYMENT MADE: 6/06/2012 7/09/2012 350-STAX 0.73 400-RECYCL 1.46 500-PENALT 0.08 ------------------------------------------------------------------------------------------------------------------------------------ 24-3620-04-0 GARCIA, KIMBERLY 109.77 100-WATER 51.79 200-SEWER 32.76 300-GARBAG 16.30 ** LAST PAYMENT MADE: 3/06/2012 5/09/2012 350-STAX 1.35 400-RECYCL 2.68 500-PENALT 4.89 ------------------------------------------------------------------------------------------------------------------------------------ 24-3860-07-0 GALEY, LEAH 25.98 100-WATER 12.27 200-SEWER 8.74 300-GARBAG 3.99 ** LAST PAYMENT MADE: 6/04/2012 7/09/2012 350-STAX 0.33 400-RECYCL 0.65 ------------------------------------------------------------------------------------------------------------------------------------ 24-3870-08-0 WILLIAMS, PATRICIA ANN 34.93 100-WATER 16.24 200-SEWER 9.46 300-GARBAG 7.40 ** LAST PAYMENT MADE: 6/06/2012 7/09/2012 350-STAX 0.61 400-RECYCL 1.22 ------------------------------------------------------------------------------------------------------------------------------------ 24-3872-03-0 MCGREW, BENNIE & KATHLE 18.77 100-WATER 15.83 204-DRAINA 2.94 ** LAST PAYMENT MADE: 6/11/2012 7/09/2012 ------------------------------------------------------------------------------------------------------------------------------------ 24-4320-06-0 ALBERIO********, JESSE & TARA 256.92 100-WATER 166.60 200-SEWER 42.56 300-GARBAG 26.32 ** LAST PAYMENT MADE: 5/07/2012 7/09/2012 350-STAX 2.18 400-RECYCL 4.33 500-PENALT 14.93 ------------------------------------------------------------------------------------------------------------------------------------ 25-0555-01-0 MARTIN, JENNIFER 20.86 100-WATER 11.99 300-GARBAG 7.12 350-STAX 0.58 ** LAST PAYMENT MADE: 2/21/2012 4/03/2012 400-RECYCL 1.17 ------------------------------------------------------------------------------------------------------------------------------------ 25-0595-04-0 PATTERSON, ALECIA 66.79 100-WATER 51.96 300-GARBAG 10.77 350-STAX 0.89 ** LAST PAYMENT MADE: 3/12/2012 6/03/2012 400-RECYCL 1.77 500-PENALT 1.40 ------------------------------------------------------------------------------------------------------------------------------------ 25-1261-00-0 BOORD, TORRIE LYNN 48.00 300-GARBAG 36.22 350-STAX 3.00 400-RECYCL 5.96 ** LAST PAYMENT MADE: 11/17/2011 3/03/2012 500-PENALT 2.82 ------------------------------------------------------------------------------------------------------------------------------------ 25-2155-02-0 HIDALGO, REBECCA 47.64 100-WATER 32.67 300-GARBAG 10.33 350-STAX 0.86 ** LAST PAYMENT MADE: 1/31/2012 4/03/2012 400-RECYCL 1.70 500-PENALT 2.08 ------------------------------------------------------------------------------------------------------------------------------------ 25-2769-07-0 GONZALES, DELFINO 156.86 100-WATER 144.98 500-PENALT 11.88 ** LAST PAYMENT MADE: 1/05/2012 4/03/2012 ------------------------------------------------------------------------------------------------------------------------------------ 26-0730-02-0 KELLERMAN, CONNIE 101.65 100-WATER 53.35 200-SEWER 23.63 204-DRAINA 2.85 ** LAST PAYMENT MADE: 3/23/2012 4/20/2012 300-GARBAG 17.50 350-STAX 1.44 400-RECYCL 2.88 01-18-2013 12:56 PM W R I T E O F F A U D I T R E G I S T E R PAGE: 4 G/L POSTING DATE: 1/18/2013 ** TRANSFER TO BAD DEBT ** PACKET: 42683 POSTING TYPE: BOTH COMMENT CODE: BDEBT-BAD DEBT ACCOUNT FLAG ACCOUNT: NO BALANCE ACCOUNT NO ============ NAME ============ LAST BILL ------------------------------------------------------------------------------------------------------------------------------------ 26-1350-05-0 WARRIOR, SHANNON/TRENAR 71.48 100-WATER 32.80 200-SEWER 12.27 300-GARBAG 15.39 ** LAST PAYMENT MADE: 5/22/2012 7/20/2012 316-EXTENS 4.90 350-STAX 1.27 400-RECYCL 2.53 500-PENALT 2.32 ------------------------------------------------------------------------------------------------------------------------------------ 26-1650-03-0 HORECKA, KRYSTAL 47.52 100-WATER 23.03 200-SEWER 8.26 300-GARBAG 12.44 ** LAST PAYMENT MADE: 5/17/2012 7/20/2012 350-STAX 1.03 400-RECYCL 2.04 500-PENALT 0.72 ------------------------------------------------------------------------------------------------------------------------------------ 27-4770-04-0 FITZGERALD, LAURA 97.36 100-WATER 51.44 200-SEWER 27.95 204-DRAINA 3.80 ** LAST PAYMENT MADE: 4/05/2012 4/20/2012 300-GARBAG 11.36 350-STAX 0.94 400-RECYCL 1.87 ------------------------------------------------------------------------------------------------------------------------------------ 27-4850-07-0 LAMBERT, SHEDRICK 295.71 100-WATER 68.12 152-PAST D 148.68 200-SEWER 46.36 ** LAST PAYMENT MADE: 2/21/2012 3/20/2012 204-DRAINA 2.04 300-GARBAG 23.07 350-STAX 1.90 400-RECYCL 3.79 500-PENALT 1.75 ------------------------------------------------------------------------------------------------------------------------------------ 27-5790-08-0 BRIAN AYERS, BENJAMIN MCDANI 18.96 100-WATER 10.43 200-SEWER 4.81 300-GARBAG 2.98 ** LAST PAYMENT MADE: 5/10/2012 6/20/2012 350-STAX 0.25 400-RECYCL 0.49 ------------------------------------------------------------------------------------------------------------------------------------ 28-1180-02-0 LEAL, DOLORES C 227.40 100-WATER 92.07 200-SEWER 62.37 204-DRAINA 6.51 ** LAST PAYMENT MADE: 4/11/2012 5/15/2012 300-GARBAG 31.25 314-NSF FE 20.00 350-STAX 2.58 400-RECYCL 5.15 500-PENALT 7.47 ------------------------------------------------------------------------------------------------------------------------------------ 29-0700-00-0 MIZIN, SUSAN 94.62 100-WATER 51.46 200-SEWER 18.12 300-GARBAG 17.29 ** LAST PAYMENT MADE: 2/06/2012 4/09/2012 350-STAX 1.43 400-RECYCL 2.85 500-PENALT 3.47 ------------------------------------------------------------------------------------------------------------------------------------ 30-2035-03-0 HILLHOUSE, LISE 70.40 100-WATER 39.36 200-SEWER 17.52 300-GARBAG 10.84 ** LAST PAYMENT MADE: 5/02/2012 6/20/2012 350-STAX 0.89 400-RECYCL 1.79 ------------------------------------------------------------------------------------------------------------------------------------ 30-2050-03-0 RAMIREZ, BEATRIZ 38.30 100-WATER 19.29 200-SEWER 8.42 300-GARBAG 8.49 ** LAST PAYMENT MADE: 2/15/2012 4/20/2012 350-STAX 0.70 400-RECYCL 1.40 ------------------------------------------------------------------------------------------------------------------------------------ 31-2850-00-0 MORGAN, ROGENIA 9.53 100-WATER 2.97 200-SEWER 4.63 204-DRAINA 0.41 ** LAST PAYMENT MADE: 3/05/2012 3/20/2012 300-GARBAG 1.22 350-STAX 0.10 400-RECYCL 0.20 ------------------------------------------------------------------------------------------------------------------------------------ 31-4290-04-0 BULLOCK, JIMMY 68.78 100-WATER 30.93 200-SEWER 17.43 300-GARBAG 13.95 ** LAST PAYMENT MADE: 2/17/2012 4/20/2012 350-STAX 1.16 400-RECYCL 2.29 500-PENALT 3.02 ------------------------------------------------------------------------------------------------------------------------------------ 31-5940-05-0 CARROLL, AMANDA 22.10 100-WATER 9.13 200-SEWER 6.56 300-GARBAG 4.98 ** LAST PAYMENT MADE: 2/01/2012 4/20/2012 350-STAX 0.41 400-RECYCL 0.82 500-PENALT 0.20 ------------------------------------------------------------------------------------------------------------------------------------ 31-6090-06-0 PORTER, LEZLIE 224.17 100-WATER 126.11 200-SEWER 34.86 204-DRAINA 3.80 ** LAST PAYMENT MADE: 3/01/2012 4/20/2012 300-GARBAG 35.02 316-EXTENS 5.00 350-STAX 2.90 400-RECYCL 5.76 500-PENALT 10.72 ------------------------------------------------------------------------------------------------------------------------------------ 32-0400-02-0 DAVIS, WILLIAM A. 158.33 100-WATER 125.73 204-DRAINA 20.44 500-PENALT 12.16 ** LAST PAYMENT MADE: 9/15/2011 3/15/2012 ------------------------------------------------------------------------------------------------------------------------------------ 39-0730-02-0 KLEIMAN, STEVE 207.66 100-WATER 110.44 200-SEWER 62.25 300-GARBAG 22.47 ** LAST PAYMENT MADE: 3/29/2012 5/20/2012 350-STAX 1.86 400-RECYCL 3.70 500-PENALT 6.94 ------------------------------------------------------------------------------------------------------------------------------------ 41-0190-03-0 SELLARDS, MARK 342.43 100-WATER 180.95 200-SEWER 95.84 300-GARBAG 37.52 ** LAST PAYMENT MADE: 4/10/2012 7/09/2012 350-STAX 3.11 400-RECYCL 6.18 500-PENALT 18.83 01-18-2013 12:56 PM W R I T E O F F A U D I T R E G I S T E R PAGE: 5 G/L POSTING DATE: 1/18/2013 ** TRANSFER TO BAD DEBT ** PACKET: 42683 POSTING TYPE: BOTH COMMENT CODE: BDEBT-BAD DEBT ACCOUNT FLAG ACCOUNT: NO BALANCE ACCOUNT NO ============ NAME ============ LAST BILL ------------------------------------------------------------------------------------------------------------------------------------ 41-9600-02-0 DURHAM, TRACY 76.45 100-WATER 37.76 200-SEWER 21.75 300-GARBAG 12.09 ** LAST PAYMENT MADE: 2/07/2012 3/09/2012 350-STAX 1.00 400-RECYCL 1.99 500-PENALT 1.86 ------------------------------------------------------------------------------------------------------------------------------------ 43-0935-03-0 SESSUMS, STEVE & CHRISTI 42.55 100-WATER 22.91 200-SEWER 13.16 300-GARBAG 5.19 ** LAST PAYMENT MADE: 5/09/2012 6/20/2012 350-STAX 0.43 400-RECYCL 0.86 ------------------------------------------------------------------------------------------------------------------------------------ 43-1300-03-0 DICKERSON, GREGORY 86.35 100-WATER 47.43 200-SEWER 25.29 204-DRAINA 2.88 ** LAST PAYMENT MADE: 6/05/2012 6/20/2012 300-GARBAG 8.62 350-STAX 0.71 400-RECYCL 1.42 ------------------------------------------------------------------------------------------------------------------------------------ 43-4010-02-0 ROBERTS, ROBIN J 63.35 100-WATER 20.14 200-SEWER 29.68 204-DRAINA 0.68 ** LAST PAYMENT MADE: 3/02/2012 3/20/2012 300-GARBAG 10.31 350-STAX 0.85 400-RECYCL 1.69 ------------------------------------------------------------------------------------------------------------------------------------ 44-0305-01-0 SHINE, TEXAS 49.07 100-WATER 5.90 200-SEWER 5.86 300-GARBAG 34.46 ** LAST PAYMENT MADE: 3/12/2012 4/20/2012 350-STAX 2.85 ------------------------------------------------------------------------------------------------------------------------------------ 45-2790-02-0 WESTON, PATRICK******** 90.25 100-WATER 78.93 200-SEWER 5.93 300-GARBAG 4.32 ** LAST PAYMENT MADE: 5/02/2012 5/15/2012 350-STAX 0.36 400-RECYCL 0.71 ------------------------------------------------------------------------------------------------------------------------------------ 47-1540-01-0 CROUCH, APRIL 97.85 100-WATER 42.03 200-SEWER 27.43 300-GARBAG 19.27 ** LAST PAYMENT MADE: 4/13/2012 6/15/2012 350-STAX 1.59 400-RECYCL 3.18 500-PENALT 4.35 ------------------------------------------------------------------------------------------------------------------------------------ 49-0374-05-0 NICHOLAS, CRAIG 62.43 100-WATER 30.19 200-SEWER 18.97 300-GARBAG 10.57 ** LAST PAYMENT MADE: 4/17/2012 5/20/2012 350-STAX 0.88 400-RECYCL 1.74 500-PENALT 0.08 ------------------------------------------------------------------------------------------------------------------------------------ 49-0462-06-0 PRIMM, DAVON 72.51 100-WATER 40.45 200-SEWER 9.31 300-GARBAG 16.31 ** LAST PAYMENT MADE: 3/19/2012 6/20/2012 350-STAX 1.35 400-RECYCL 2.68 500-PENALT 2.41 ------------------------------------------------------------------------------------------------------------------------------------ 49-0790-01-0 REYNOSO, ANA MARIA 88.49 100-WATER 40.16 200-SEWER 26.42 204-DRAINA 4.63 ** LAST PAYMENT MADE: 6/04/2012 7/20/2012 300-GARBAG 13.85 350-STAX 1.15 400-RECYCL 2.28 ------------------------------------------------------------------------------------------------------------------------------------ 49-0838-01-0 NONAMAKER, SUSAN L 21.52 100-WATER 11.21 200-SEWER 6.11 204-DRAINA 0.89 ** LAST PAYMENT MADE: 4/30/2012 5/20/2012 300-GARBAG 2.65 350-STAX 0.22 400-RECYCL 0.44 ------------------------------------------------------------------------------------------------------------------------------------ 49-1060-01-0 MOSES, ADALE 169.16 100-WATER 88.47 200-SEWER 41.94 204-DRAINA 3.68 ** LAST PAYMENT MADE: 3/15/2012 4/20/2012 300-GARBAG 23.00 350-STAX 1.90 400-RECYCL 3.78 500-PENALT 6.39 ------------------------------------------------------------------------------------------------------------------------------------ 49-1108-01-0 CORPENING, CHERIE 48.62 100-WATER 17.92 200-SEWER 17.69 204-DRAINA 2.75 ** LAST PAYMENT MADE: 5/29/2012 6/20/2012 300-GARBAG 8.23 350-STAX 0.68 400-RECYCL 1.35 ------------------------------------------------------------------------------------------------------------------------------------ 50-1010-03-0 MCCARLEY, DUSTIN 59.39 100-WATER 21.72 200-SEWER 24.40 300-GARBAG 8.68 ** LAST PAYMENT MADE: 5/01/2012 7/09/2012 350-STAX 0.72 400-RECYCL 1.43 500-PENALT 2.44 ------------------------------------------------------------------------------------------------------------------------------------ 50-4096-08-0 MARTINEZ, GREGORIO 158.05 100-WATER 68.89 200-SEWER 42.43 204-DRAINA 7.99 ** LAST PAYMENT MADE: 3/29/2012 5/09/2012 300-GARBAG 24.97 350-STAX 2.06 400-RECYCL 4.11 500-PENALT 7.60 ------------------------------------------------------------------------------------------------------------------------------------ 50-4270-05-0 FREUND, DIANA 23.55 100-WATER 10.11 200-SEWER 7.00 300-GARBAG 5.16 ** LAST PAYMENT MADE: 3/23/2012 5/09/2012 350-STAX 0.43 400-RECYCL 0.85 ------------------------------------------------------------------------------------------------------------------------------------ 50-4450-04-0 RUIZ JR, JOHN R 137.22 100-WATER 70.52 200-SEWER 18.28 204-DRAINA 7.60 ** LAST PAYMENT MADE: 2/03/2012 6/09/2012 300-GARBAG 22.72 350-STAX 1.88 400-RECYCL 3.74 500-PENALT 12.48 01-18-2013 12:56 PM W R I T E O F F A U D I T R E G I S T E R PAGE: 6 G/L POSTING DATE: 1/18/2013 ** TRANSFER TO BAD DEBT ** PACKET: 42683 POSTING TYPE: BOTH COMMENT CODE: BDEBT-BAD DEBT ACCOUNT FLAG ACCOUNT: NO BALANCE ACCOUNT NO ============ NAME ============ LAST BILL ------------------------------------------------------------------------------------------------------------------------------------ 50-4710-05-0 GUTIERREZ, DOLORES 135.54 100-WATER 67.19 200-SEWER 41.85 300-GARBAG 16.64 ** LAST PAYMENT MADE: 1/10/2012 3/09/2012 350-STAX 1.38 400-RECYCL 2.74 500-PENALT 5.74 ------------------------------------------------------------------------------------------------------------------------------------ 50-6070-01-0 PIETRE', AUDREY 107.42 100-WATER 46.74 200-SEWER 26.14 300-GARBAG 14.24 ** LAST PAYMENT MADE: 2/06/2012 6/09/2012 350-STAX 1.18 400-RECYCL 2.34 500-PENALT 16.78 ------------------------------------------------------------------------------------------------------------------------------------ 50-6370-03-0 HUNTER, RONALD 87.08 100-WATER 50.19 200-SEWER 14.29 300-GARBAG 15.92 ** LAST PAYMENT MADE: 4/10/2012 6/09/2012 350-STAX 1.32 400-RECYCL 2.62 500-PENALT 2.74 ------------------------------------------------------------------------------------------------------------------------------------ 50-6840-03-0 WILLIAMS, RANDY L 62.10 100-WATER 26.93 200-SEWER 20.40 300-GARBAG 11.78 ** LAST PAYMENT MADE: 3/07/2012 4/09/2012 350-STAX 0.97 400-RECYCL 1.94 500-PENALT 0.08 ------------------------------------------------------------------------------------------------------------------------------------ 51-0004-01-0 GOMES, MARGO 45.00 100-WATER 39.75 200-SEWER 0.91 204-DRAINA 0.92 ** LAST PAYMENT MADE: 3/29/2012 4/09/2012 300-GARBAG 2.74 350-STAX 0.23 400-RECYCL 0.45 ------------------------------------------------------------------------------------------------------------------------------------ 51-0512-04-0 PEREZ, LUIS M 87.88 100-WATER 42.62 200-SEWER 21.90 300-GARBAG 15.83 ** LAST PAYMENT MADE: 4/06/2012 6/09/2012 350-STAX 1.32 400-RECYCL 2.61 500-PENALT 3.60 ------------------------------------------------------------------------------------------------------------------------------------ 51-1250-01-0 HALL, MARY 76.17 100-WATER 30.42 200-SEWER 17.10 204-DRAINA 6.06 ** LAST PAYMENT MADE: 4/17/2012 6/09/2012 300-GARBAG 18.11 350-STAX 1.50 400-RECYCL 2.98 ------------------------------------------------------------------------------------------------------------------------------------ 51-1540-04-0 HOGAN III, FRANK 29.11 100-WATER 15.08 200-SEWER 8.02 300-GARBAG 4.82 ** LAST PAYMENT MADE: 1/26/2012 3/09/2012 350-STAX 0.40 400-RECYCL 0.79 ------------------------------------------------------------------------------------------------------------------------------------ 51-1724-01-0 RIVETTO, MICHAEL 95.13 100-WATER 43.73 200-SEWER 15.46 204-DRAINA 7.60 ** LAST PAYMENT MADE: 4/24/2012 6/09/2012 300-GARBAG 22.72 350-STAX 1.88 400-RECYCL 3.74 ------------------------------------------------------------------------------------------------------------------------------------ 51-1798-06-0 RODRIGUEZ, VICTORIA 116.92 100-WATER 66.08 200-SEWER 24.73 300-GARBAG 17.34 ** LAST PAYMENT MADE: 1/13/2012 3/09/2012 350-STAX 1.43 400-RECYCL 2.85 500-PENALT 4.49 ------------------------------------------------------------------------------------------------------------------------------------ 51-1932-01-0 LOVE, TODD 65.10 100-WATER 22.83 200-SEWER 20.82 204-DRAINA 4.54 ** LAST PAYMENT MADE: 5/23/2012 7/09/2012 300-GARBAG 13.56 350-STAX 1.12 400-RECYCL 2.23 ------------------------------------------------------------------------------------------------------------------------------------ 56-1188-01-0 GRINNELL, MONIQUE E 52.08 100-WATER 25.27 200-SEWER 11.11 300-GARBAG 12.58 ** LAST PAYMENT MADE: 6/04/2012 5/28/2012 350-STAX 1.04 400-RECYCL 2.08 ------------------------------------------------------------------------------------------------------------------------------------ **TOTALS** NUMBER OF ACCOUNTS: 96 10,436.50 100-WATER 5,303.16 152-PAST D 148.68 200-SEWER 2,467.42 204-DRAINA 141.58 300-GARBAG 1,552.00 314-NSF FE 20.00 316-EXTENS 16.51 350-STAX 128.33 400-RECYCL 219.94 500-PENALT 438.88 ACCOUNT SOURCE NAME AMOUNT 202-000-119000 Accounts Receivable-Customer 10,294.92CR 202-000-119100 Allowance for Bad Debt 10,294.92 204-000-119000 Accounts Receivable-Customer 141.58CR 204-000-119100 Allowance for Bad Debt 141.58 WARNINGS: 0 ERRORS: 0 ** END OF REPORT **