11-10-09 Agenda
SCHERTZ CITY COUNCIL
REGULAR SESSION
MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
AGENDA
TUESDAY, NOVEMBER 10, 2009 AT 6:30 P.M.
REGULAR SESSION
Call to Order
Invocation and Pledges of Allegiance to the Flags of the United States and State of
Texas.
PRESENTATION
Presentation/Discussion and possible action regarding a proposal from the
Historical Preservation Committee to undertake a renovation project for the
development of a history-heritage museum at the City owned house on Live Oak
Road. (Dean Weirtz)
Hearing of Residents
This time is set-aside for any person who wishes to address the City Council. Each person
should fill out the speaker?s register prior to the meeting. Presentations should be limited
to no more than 5 minutes. 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.
Discussion and/or Action Items
Minutes
1.- Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of November 3, 2009.
Ordinance No. 09-M-43 TexasMunicipal Retirement System
2. - Consideration
and/or action regarding approving an ordinanceelecting for the City to make current
service and prior service contributions to the City?s account in the Municipal
Final Reading
Accumulation Fund of the Texas Municipal Retirement System. (D.
Dykes)
No Parking in Bicycle Lane
3. ? Discussion regarding no parking, standing or loitering
in the City of Schertz Bicycle Lanes. (Item back on agenda for council discussion and
direction to staff)
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Election of Board of Directors for Comal Appraisal District Board
4.?
Consideration and/or action casting the number of votes eligible to submit in the
upcoming election of the Board of Directors for Comal Appraisal District. (Mayor)
Award Bid # 09-PW-39-C-01 ? West Dietz Creek
5.? Wiederstein Road Bridge Class
Structure ? Consideration and/or action awarding a bid for the West Dietz Creek,
Wiederstein Road Bridge to V.K. Knowleton Construction and Utilities, Inc. in the
amount of $251,632.55. (L. Dublin)
FM 1103 & Chelsea Road Construction Project
6.? Discussion and consideration
and/or action regarding the FM 1103 & Chelsea Road Construction Project. (D.
Taylor/L. Dublin)
Resolution No. 09-R-57
7.? Discussion and consideration and/or action approving a
resolutionappointing and reappointing Directors of the Reinvestment Zone Number
Two, City of Schertz and related matters. (M. Spain)
VE SESSION
EXECUTI
Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas
Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value
of real property and Section 551.087 Deliberation regarding Economic Development
Negotiations.
RECONVENE TO REGULAR SESSION
8. Take any other actiondeemed necessary as a result of the Executive Session.
Requests and Announcements
9. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
10. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Update on drainage issues Lowes ? Mobile Villa Estates
11. Announcements by Mayor and Councilmembers
City and community events attended and to be attended
City Council Committee and Liaison Assignments (see assignments below)
Continuing education events attended and to be attended
Recognition of actions by City employees
Recognition of actions by community volunteers
Upcoming City Council agenda items
12. Announcements by City Manager
Recognition of City employee actions
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New Departmental initiatives
Adjournment
CERTIFICATION
I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY
THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE
5th DAY OF NOVEMBER 2009 AT 3:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE
PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH
CHAPTER 551, TEXAS GOVERNMENT CODE.
ûËØÏÙÜ ùØÏÏÔÊ
BRENDA DENNIS, TRMC, CMC 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
_______________, 2009. ____________________________Title:__________________________
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are
available. If you require special assistance or have a request for sign interpretative services or other services please
call 619-1030 at least 24 hours in advance of meeting.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor BaldwinTBA
Interview Board for Boards and Commissions Investment Advisory Committee
Investment Advisory Committee Audit Committee
ASA Commuter Rail District Board Interview Board for Boards and Commissions
AACOG Advisory Committee
AACOG Economic Development
TML Municipal Revenue & Taxation Committee
Mayor Pro-Tem FowlerCouncilmember Carpenter
Interview Board for Boards and Commissions TIRZ II Board
Hal Baldwin Scholarship Committee
Councilmember ScagliolaCouncilmember Trayhan
Alternate Interview Board for Boards and Commissions Audit Committee
Hal Baldwin Scholarship Committee
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Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: November 10, 2009
Department: City Secretary
Subject: Minutes
BACKGROUND
On November 3, 2009 a Regular City Council Meeting was held at the Municipal Complex
Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approval of the November 3, 2009 minutes.
ATTACHMENT
Minutes 11-03-09
MINUTES
REGULAR MEETING
November 3, 2009
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
November 3, 2009 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400
Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Mayor Pro-Tem Jim Fowler Councilmember David Scagliola
Councilmember John Trayhan Councilmember Michael Carpenter
Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale
Assistant City Manager David Harris City Attorney Michael Spain
City Secretary Brenda Dennis
MAYOR BALDWIN WAS ABSENT.
CALL TO ORDER REGULAR MEETING
Mayor Pro-Tem Fowler called the meeting to order at 6:30 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE
UNITED STATES AND STATE OF TEXAS.
Councilmember Carpenter gave the invocation followed by the Pledges of Allegiance to
the Flags of the United States and State of Texas.
PRESENTATIONS
Proclamation for Municipal Court Week, Patti Veliz to accept.
Mayor Pro-Tem Fowler recognized Court Administrator Patti Veliz. Mayor Pro-
Tem Fowler read and presented the proclamation.
Proclamation for National Hospice Month, Executive Director Charles Roark,
Outreach Director Mark Powell, Director of Patient Care Services Heidi Wall and
Community Outreach Susana Dias to accept.
Mayor Pro-Tem Fowler recognized Director of Patient Care Services Heidi Wall
and Community Outreach Susana Dias. Mayor Pro-Tem Fowler read and presented
the proclamation.
HEARING OF RESIDENTS
Mayor Pro-Tem Fowler recognized the following citizens:
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John Lougher, 2505 Cabana Drive, who spoke regarding the drainage and excessive
water from Lowe?s.
Rosemary Grayson, 5213 Cabana Drive, who spoke regarding the drainage and
water from Lowe?s.
David Richmond, 2921 Bent Tree, who spoke in favor of agenda item 6 as this area
also has flooding issues.
Dena Goodwin, 533 Thoreau, who spoke against the proposed medical facility
going in on Schertz parkway.
Jan Wilson, 5218 Cabana Drive, who spoke regarding drainage and excessive water
from Lowe?s.
Discussion and/or Action Items
Presentation/Discussion regarding drainage issues within Mobile Villa Estates
1. ?
Presentation /Discussion and possible action regarding drainage issues within Mobile
Villa Estates. (L. Dublin/D. Taylor)
Mayor Pro-Tem Fowler introduced City Engineer Larry Dublin and City Manager
Don Taylor who provided a brief history of the development area answering
questions from Council and addressing the drainage issues. Mr. Taylor stated that his
calls to Lowe?s were finally received and the engineer from Lowe?s, Mr. Brandon
McCaffey was in the audience. Mayor Pro-Tem Fowler recognized Mr. McCaffey
who stated that this was the first that he had heard about drainage and flooding issues,
and he is willing to sit down and discuss with City Management how to resolve them.
Councilmember Carpenter discussed having this item placed on every agenda until
the issue has been resolved. City Attorney Michael Spain stated that Council could
receive updates each week under the agenda item ?Requests by Mayor and
Councilmember?s to City Manager and Staff for information?.
Minutes
2. - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of October 27, 2009.
Mayor Pro-Tem Fowler recognized Councilmember Scagliola who moved,
seconded by Councilmember Trayhan to approve the minutes of the regular meeting
Vote was unanimous.Motion Carried.
of October 27, 2009.
Resolution No. 09-R-52
3. ? Consideration and/or action approving a resolution
amending Resolution 09-R-36 City of Schertz Fee Schedule to amend the rates for
bulk water and water metered by a Fire Hydrant. (C. Spence)
Mayor Pro-Tem Fowler recognized Business Office Manager Carol Spence who
introduced this item who stated that on July 14, 2009 the City Council approved
Resolution No. 09-R-36 establishing the City of Schertz Fee Schedule. An incorrect
fee was noted to the per thousand gallon rates for bulk water and water metered by
a fire hydrant fees.Bulk water and water metered by a Fire Hydrant will increase
from $6.74 to $6.83 per thousand gallons.
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Mayor Pro-Tem Fowler recognized Councilmember Scagliola who moved,
Vote
seconded by Councilmember Trayhan to approve Resolution No. 09-R-52.
was unanimous.Motion Carried.
Ordinance No. 09-M-42
4. ? Consideration and/or action approving an ordinance
revising the Code of Ordinances of the City of Schertz be amended by revising
First
Section 86-149 parking prohibited in all City of Schertz bicycle paths or lanes.
Reading
(Item requested by Councilmember Carpenter) (L. Dublin)
Mayor Pro-Tem Fowler recognized City Engineer Larry Dublin who introduced this
item who stated as requested by Council, the Engineering Department reviewed the
ordinances regarding no parking throughout the City to determine whether it covered
the presently established hike and bike trails.
Various streets and portions of streets are covered by the ordinance but not
specifically the hike and bike lanes. It is recommended that the ordinance be
amended to specifically exclude ?stopping, standing, and parking? in designated
and marked hike and bike lanes. This will required modification to approximately
ten existing signs and the addition of approximately 10 new signs.
Councilmember Carpenter stated that he had placed this item for discussion for safety
reasons in regards to those who are parking in the bike lanes, specifically around
school, zones are blocking them and the students have to go out into the street.
Councilmember Trayhan addressed his concern that if this ordinance were passed
then the areas where there are mail receptacles in the bike lanes, could mean that
citizens could possibly receive citations and for this reason, he will be voting no.
Mayor Pro-Tem Fowler recognized Councilmember Scagliola who moved,
seconded by Councilmember Carpenter to approve Ordinance No. 09-M-42 first
Vote was 2-2-0.Motion Failed.
reading.
Ordinance No. 09-M-43 Texas Municipal Retirement System
5. - Consideration
and/or action regarding approving an ordinance electing for the City to make current
service and prior service contribution to the City?s account in the Municipal
Accumulation Fund of the Texas Municipal Retirement System at the actuarially
First Reading
determined rate of total employee compensation. (D. Dykes)
Mayor Pro-Tem Fowler recognized Human Resource Director Donna Dykes who
introduced this item who stated The TMRS Act provides a limit to the maximum
rate that a city can be required to contribute for the retirement portion of its plan
(the cost of Supplemental Death Benefits is excluded from this limit) based on the
combination of the employee deposit rate and the matching ratio. This maximum
contribution rate limit, also known as the statutory maximum, or ?stat max,? is not a
limit of the cost of a plan, but rather is simply a limit on the maximum a city could
be required to contribute for the plan.If the TMRS minimum required retirement
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contribution rate exceeds this limit, unless the city takes additional action as
permitted under the TMRS Act, it will not be meeting the minimum contribution
requirements for its TMRS plan.
The City of Schertz 2010 minimum retirement contribution rate has exceeded the
maximum contribution rate limit (13.50% for us). By adopting this ordinance, the
City is agreeing to fully fund the costs of the pension benefits included in the City?s
plan.
This ordinance will allow the City of Schertz to impose its own ?limit? on the
contribution rate by using its discretion in determining which potential plan
improvements to adopt, or not adopt, based on the calculated contribution rate. The
TMRS actuary will perform a valuation of the City?s plan of benefits each year and
forward this rate to us.
Ms. Dykes stated that this action removes the TMRS contribution rate cap of 13.5%
to allow for additional obligations the City has to the system. The contribution rate
for 2010 will be 15.6% and is a budgeted item.
Mayor Pro-Tem Fowler recognized Councilmember Trayhan who moved, seconded
by Councilmember Scagliola to approve Ordinance No. 09-M-43 first reading.
Vote was unanimous.Motion Carried.
Bid #09-PW-38-C-01 ? Green Valley Road Improvements
6. ? Consideration and/or
action awarding the bid for the Green Valley Road Improvements to Relmco Inc., in
the amount of $175,941. (L. Dublin)
Mayor Pro-Tem Fowler recognized City Engineer Larry Dublin who introduced this
item who stated as part of the 2006 Street Bond Election, the City designated
funding for improvements to Green Valley Road. The project was bid on October
15, 2009 with eleven (11) contractors submitting.
As bid, the project consists of construction of new drainage structures, new roadside
ditches, sidewalks and erosion control.Mr. Dublin stated action awards the bid for
Green Valley Road improvement project to Relmco Inc. Mr. Dublin stated the area to
be improved is between Greenshire Drive and FM 3009, fiscal impact of $175,941
which is under budget for this project. Mr. Dublin stated the project is funded from
the 2006 street bonds.
Mayor Pro-Tem Fowler recognized Councilmember Trayhan who moved, seconded
by Councilmember Scagliola to award the bid to Relmco Inc., in the amount of
$175,941. Vote was unanimous.Motion Carried.
Resolution No. 09-R-56
7. ? Consideration and/or action approving a resolution
supporting the acceptance of an energy efficiency and conservation block grant from
the State of Texas in the amount of $75.000. (G. Logan/D. Harris)
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Mayor Pro-Tem Fowler recognized City Manager Don Taylor and Assistant City
Manager David Harris who introduced this item stating the U. S. Congress passed
the American Recovery and Reinvestment Act, funds for municipalities. Funding
was established through this act and is available through the State Energy
Conservation Office (SECO). The City of Schertz is allocated $75,000 for energy
efficient plans, programs, audits and developments for municipalities.
This resolution authorizes the City to apply for our $75,000 allocation energy
efficiency grant from the State Comptroller?s State Energy Conservation Office.
This funding comes from the Federal American Recovery and Reinvestment Act of
2009.
Mayor Pro-Tem Fowler recognized Councilmember Scagliola who moved, seconded
by Councilmember Trayhan to approve Resolution No. 09-R-56. Vote was
unanimous.Motion Carried.
Mayor Pro-Tem Fowler adjourned into executive session at 8:26 p.m.
EXECUTIVE SESSION
Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas
Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value
of real property.
Mayor Pro-Tem Fowler reconvened into regular session at 8:45 p.m.
RECONVENE TO REGULAR SESSION
8. Take any other actiondeemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
9. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Pro-Tem Fowler recognized Councilmember Carpenter who asked if the no
parking in bike lanes item could be brought back for council discussion to further
decide what issues need to be addressed. Councilmembers concurred to bring this
item back for further consideration and discussion.
Mayor Pro-Tem Fowler recognized City Manager Don Taylor who stated that he
had received a call from one of the Councilmembers regarding a possible safety
issue with the closure at the intersection of Chelsea Drive and FM 1103. Mr. Taylor
briefly described this issue and stated that the construction is on hold pending
Council decision to either reroute traffic or completely close Chelsea for
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construction. After discussion, council concurred to place this item on the next
agenda for discussion.
10. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No requests given.
11. Announcements by Mayor and Councilmembers
City and community events attended and to be attended
City Council Committee and Liaison Assignments (see assignments below)
Continuing education events attended and to be attended
Recognition of actions by City employees
Recognition of actions by community volunteers
Upcoming City Council agenda items
Mayor Pro-Tem Fowler recognized Councilmember Scagliola who attended the
following:
First Baptist Church Halloween Gathering and Chili Cook Off
Mayor Pro-Tem Fowler stated that he attended the Cibolo Valley Baptist
Halloween gathering.
12. Announcements by City Manager
Recognition of City employee actions
New Departmental initiatives
No announcements.
ADJOURNMENT
As there was no further action, Mayor Pro-Tem Fowler adjourned the meeting at 8:53 p.m.
___________________________________
Jim Fowler, Mayor Pro-Tem
ATTEST:
_______________________________________
Brenda Dennis, TRMC, CMC City Secretary
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Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: November 10, 2009
Department: Human Resources
Subject:Ordinance No. 09-M-43 Final Reading
BACKGROUND
The TMRS Act provides a limit to the maximum rate that a city can be required to contribute for
the retirement portion of its plan (the cost of Supplemental Death Benefits is excluded from this
limit) based on the combination of the employee deposit rate and the matching ratio. This
maximum contribution rate limit, also known as the statutory maximum, or ?stat max,? is not a
limit of the cost of a plan, but rather is simply a limit on the maximum a city could be required to
contribute for the plan. If the TMRS minimum required retirement contribution rate exceeds this
limit, unless the city takes additional action as permitted under the TMRS Act, it will not be
meeting the minimum contribution requirements for its TMRS plan.
The City of Schertz 2010 minimum retirement contribution rate has exceeded the maximum
contribution rate limit (13.50% for us). By adopting this ordinance, the city is agreeing to fully
fund the costs of the pension benefits included in the city?s plan.
This ordinance will allow the City of Schertz to impose its own ?limit? on the contribution rate
by using its discretion in determining which potential plan improvements to adopt, or not adopt,
based on the calculated contribution rate. The TMRS actuary will perform a valuation of the
City?s plan of benefits each year and forward this rate to us.
With the removal of the maximum contribution rate limit the City of Schertz full contribution
rate for 2010 will be 15.60%.
Council passed this on first reading at their meeting of November 3, 2009.
FISCAL IMPACT
The above contribution amount was approved in the budget.
RECOMMENDATION
Staff recommends Council approval of final reading of Ordinance No. 09-M-53.
ATTACHMENT
Provided in the 11-3-09 Packet
ORDINANCE NO. 09-M-43
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS ELECTING FOR THE CITY TO MAKE CURRENT
SERVICE AND PRIOR SERVICE CONTRIBUTION TO THE CITY?S
ACCOUNT IN THE MUNICIPAL ACCUMULATION FUND OF THE
TEXAS MUNICIPAL RETIREMENT SYSTEM AT THE ACTUARIALLY
DETERMINED RATE OF TOTAL EMPLOYEE COMPENSATION.
WHEREAS
, the City of Schertz (the ?City?), is a participating municipality in the Texas
Municipal Retirement System (the ?System?), and has undertaken to provide certain retirement,
death and disability benefits to its employees pursuant to Subtitle G, Title 8, Government Code,
(hereinafter, the ?TMRS Act?); and
WHERAS
, the City Council desires to authorize funding of such benefits as herein
provided: now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
SECTION I
Pursuant to Section 855.407(g) of the TMRS Act, the City hereby elects to make
future normal and prior service contributions to its account in the municipal
accumulation fund of the System at such combined rate of the total compensation
paid by the City to employees who are members of the System, as the System?s
actuary shall annually determine as the rate necessary to fund, within the
amortization period determined as applicable to the City under the TMRS Act, the
costs of all benefits which are or may become chargeable to or are to be paid out
of the City?s account in said accumulation fund, regardless of other provisions of
the TMRS Act limiting the combined rate of City Contributions.
SECTION II
The provisions of the ordinance shall become effective on the first day of January 2010.
SECTION III
This Ordinance shall be effective on final passage and any publication provided by law.
Passed and approved
on first reading the 3rd day of November, 2009.
th
PASSED, APPROVED AND ADOPTED
this the 10 day of November, 2009.
Mayor, City of Schertz, Texas
ATTEST:
Brenda Dennis, TMRC, CMC City Secretary
Ordinance 09-M-43
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: November 10, 2009
Department: City Council
Subject: Comal AppraisalDistrict Board of
Directors Election
BACKGROUND
Section 6.03(e) of the Texas Property Tax Code states ?The chief appraiser shall calculate the
number of votes to which each taxing unit other than a conservation and reclamation district is
entitled and shall deliver written notice to each of those units of its voting entitlement before
October 1 of each odd-numbered year. Attached is the voting calculation worksheet that
indicates the number of votes the city is eligible to submit in the upcoming election of the Board
of Directors for Comal Appraisal District.
Attached is the 2010-2011 Board of Directors ballot for the city. As per section 6.03(e) of the
Texas Property Tax Code, ?Voting entitlement is determined by dividing the total dollar amount
of property taxes imposed in the district by the taxing unit for the preceding tax year by the sum
of the total dollar amount of property taxes imposed in the district for that year by each taxing
unit that is entitled to vote, by multiplying the quotient by 1,000 and by rounding the product to
the nearest whole number.? In calculating this year?s votes, it is determined that the City of
Schertz has 30 votes to cast in this election.
The ballot must be returned by December 15, 2009.
FISCAL IMPACT
None
RECOMMENDATION
Council casts its 30 votes
ATTACHMENT
Official Ballot
Agenda No. 5
CITY COUNCIL MEMORANDUM/RESOLUTION
City Council Meeting: November 10, 2009
Department: Engineering
09-PW-39-C-01
Subject:Bid # ?
West Dietz Creek ?
Wiederstein Road Bridge Class Structure
BACKGROUND
As part of the 2006 Street Bond Election, the City designated funding for improvements to West
Dietz Creek from Maske Road to the Selma City Limits. At the Wiederstein Road Crossing, a
bridge class structure was not included because Selma declined to participate in the funding.
After the contract was awarded, signs were posted showing the road to be permanently closed
after a certain date and the following uproar from Selma citizens caused the City of Selma to
rethink their position and agree to split the cost of the structure.
The project was bid on October 22, 2009 with eleven (11) contractors submitting. A tabulation of
V.K. Knowleton Construction and Utilities,
the bids is attached showing the low bidder to be
Inc.,
with a bid of $251,632.55.
As bid, the project consists of construction of new drainage structures, a bridge class structure ,
sidewalks and pavement.
The Engineer?s estimate was $465,272.10.
FISCAL IMPACT
Budgeted in 2006 Bond Election: $0
Current Estimated total cost, including engineering, construction and incidentals: $263,632.55
Additional cost to project from Drainage Bond issued in 2007: $263,632.55
RECOMMENDATION
The City Engineer concurs with Ford Engineering, Inc. and recommendation that Council award
West Dietz Creek ? Wiederstein Road Bridge Class Structure V.K.
the bid for the Project to
Knowleton Construction and Utilities, Inc.
, in the amount of $251,632.55.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ:
Staff recommendations that the above stated are hereby approved and authorized.
PASSED AND APPROVED
at a regular meeting of the City Council of the City of Schertz,
Texas this 10th day of November, 2009, at which meeting a quorum was present, held in
accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq.
APPROVED
_________________________
City Council Memorandum/Resolution
Page 2
Hal Baldwin, Mayor
ATTEST:
__________________________
Brenda Dennis, City Secretary
Agenda No. 6
CITY COUNCIL MEMORANDUM
City Council Meeting: November 10, 2009
Department: City Manager
Subject:FM 1103 & Chelsea Road Construction
Project
BACKGROUND
On November 3, 2009 a Regular City Council Meeting was held at which time Council asked
that this item be placed on the agenda for discussion and action.
FISCAL IMPACT
Unknown
RECOMMENDATION
No recommendation
Agenda No. 7
CITY COUNCIL MEMORANDUM
City Council Meeting: November 10, 2009
Department: Administration
Subject:Sedona TIRZ Board
BACKGROUND
Reinvestment Zone Number Two, City of Schertz, Texas (the ?Zone?), is governed by a Board
of Directors (the ?Board?) consisting of eleven total directors (the ?Directors?), six of whom are
appointed by the City of Schertz, two of whom are appointed by Bexar County, and one each of
whom is appointed by each of the San Antonio River Authority, the State Representative for the
Zone, and the State Senator for the Zone.
John Bierschwale and George Antuna are currently Directors of the Zone, and their terms have
expired. Staff recommends that the City Council reappoint John Bierschwale and George
Antuna to their positions as Directors of the Zone.
The City currently has one vacant Director position on the Board, and staff recommends that the
City Council appoint Gary Inmon as a Director of the Zone to fill such vacancy.
FISCAL IMPACT
None
RECOMMENDATION
Adoption of Resolution No. 09-R-57
ATTACHMENT
Resolution No. 09-R-57
CCM Resol 09-R-57.doc
RESOLUTION NO. 09-R-57
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPOINTING AND REAPPOINTING
DIRECTORS OF REINVESTMENT ZONE NUMBER TWO, CITY
OF SCHERTZ, TEXAS, AND RELATED MATTERS
WHEREAS, Reinvestment Zone Number Two, City of Schertz, Texas (the ?Zone?), is
governed by a Board of Directors (the ?Board?) consisting of eleven total directors (the
?Directors?);
WHEREAS, six Directors are appointed by the City of Schertz, two Directors are
appointed by Bexar County, and one Director is appointed by each of the San Antonio River
Authority, the State Representative for the Zone, and the State Senator for the Zone;
WHEREAS, John Bierschwale and George Antuna are currently Directors of the Zone,
and their terms have expired;
WHEREAS, the City Council desires to reappoint John Bierschwale and George Antuna
to their positions as Directors of the Zone;
WHEREAS, the City currently has one vacant Director position on the Board; and
WHEREAS, the City Council desires to appoint Gary Inmon as a Director of the Zone to
fill such vacancy.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
SECTION 1.The City Council hereby reappoints John Bierschwale as a Director of the
Zone, with a term ending September 30, 2011.
SECTION 2.The City Council hereby reappoints George Antuna as a Director of the
Zone, with a term ending September 30, 2011.
SECTION 3.The City Council hereby appoints Gary Inmon as a Director of the Zone,
with a term starting on the date hereof and ending September 30, 2011.
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 Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
SECTION 5.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.
1
Resol 09-R-57.doc
SECTION 6.This Resolution 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 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 8.It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
SECTION 9.This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
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Resol 09-R-57.doc
PASSED AND ADOPTED, this 10th day of November, 2009.
CITY OF SCHERTZ, TEXAS
Mayor
ATTEST:
City Secretary
(CITY SEAL)
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Resol 09-R-57.doc