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09-07-2010 AgendaMultiple files are bound together in this PDF Package.Adobe recommends using Adobe Reader or Adobe Acrobat version 8 or later to work with documents contained within a PDF Package. By updating to the latest version, you’ll enjoy the following benefits: • Efficient, integrated PDF viewing • Easy printing • Quick searches Don’t have the latest version of Adobe Reader? Click here to download the latest version of Adobe ReaderIf you already have Adobe Reader 8, click a file in this PDF Package to view it.ftware\Classes\.pdf SCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 09-07-2010 Council Agenda AGENDA TUESDAY, SEPTEMBER 7, 2010 AT 6:30 P.M. REGULAR SESSION Call to Order Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. Hearing of Residents This time is set-aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 5 minutes. 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 1. Ordinance No. 10-T-25 – Budget for Fiscal Year 2010-2011 -Consideration and/or action approving an Ordinance adopting the FY 2010-11 budget. Final Reading (D. Harris/J. Santoya) 2. Ordinance No. 10-T-26 -Tax Rate for Fiscal Year 2010-11 -Consideration and/or action approving an Ordinance on the proposed FY 2010-11 Tax Rate. Final Reading (D. Harris/J. Santoya) 3. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of August 31, 2010. 4. Resolution No. 10-R-47 – Consideration and/or action approving a resolution approving a payment to the City from the Economic Development Corporation for Master Planning Costs. Final Reading (J. Jewell) 5. Resolution No. 10-R-53 -Consideration and/or action approving a resolution authorizing the adoption of a revised City of Schertz Investment Policy. (R. Galindo) 6. Ordinance No. 10-M-27 – Consideration and/or action approving an Ordinance repealing Ordinance No. 10-M-04 -setting the time of City Council Meetings. First Reading (M. Spain) 7. Resolution No. 10-R-54 -Consideration and/or action approving a resolution of the City of Schertz, Texas, Amending and replacing Resolution No. 10-R-52 amending the Fee Schedule of Appendix C of the Code of Ordinances, City of Schertz. (D. Harris) (City Manager Don Taylor requested this be placed back on the agenda) 8. Resignations/Appointments/Reappointments to Boards and Commissions/Committees – Consideration and/or action regarding resignations/appointments/reappointments to Boards and Commission/Committees. • Resignation of James Harden from the Economic Development Corporation • Appointments to the TSAC Commission • Appointments to the Parks & Recreation Commission EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. RECONVENE TO REGULAR SESSION 9. Take any action deemed necessary as a result of the Executive Session. Requests and Announcements 10. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 11. Requests by Mayor and Councilmembers to City Manager and Staff for information. 12. 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 13. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives 09-07-2010 City Council Agenda Page -2 - 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 3rd DAY OF SEPTEMBER 2010 AT 10:30 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis BRENDA DENNIS, TRMC, CMC CITY SECRETARY 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 _______________, 2010. ____________________________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 all 619-1030 at least 24 hours in advance of meeting COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Baldwin Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Alamo Area Council of Governments Mayor Pro-Tem Edwards – Place 4 Investment Advisory Committee Audit Committee Interview Board for Boards and Commissions Councilmember Fowler – Place 1 Interview Board for Boards and Commissions Councilmember Antuna -Place 3 Audit Committee Hal Baldwin Scholarship Committee Councilmember Scagliola – Place 2 Animal Control Advisory Committee Interview Board for Boards and Commissions Councilmember Carpenter – Place 5 TIRZ II Board Hal Baldwin Scholarship Committee 09-07-2010 City Council Agenda Page -3 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: September 7, 2010 Department: Finance Subject: Ordinance No. 10-T-25 -Fiscal Year 2010-11 Budget (Final Reading) BACKGROUND The City Council will vote to adopt the City budget for fiscal year 2010-11. In accordance with applicable statutes and the City Charter, the Council must conduct two public hearings to receive input on the proposed FY 2010-11 budget, including the budget of the Schertz Economic Development Corporation. The two public hearings were held during the scheduled Council meetings on August 24, 2010 and August 31, 2010. The first vote to approve the budget was on August 31, 2010. FISCAL IMPACT The proposed budget is as follows: General Fund $18,882,876 Special Events Fund $ 111,450 Water & Sewer Fund $14,343,798 EMS Fund $ 7,056,326 Drainage Fund $ 676,511 Hotel Tax Fund $ 377,478 Park Fund $ 80,000 Recycling Fund $ 56,000 Capital Recovery Fund $ 638,000 TAX I&S $ 3,614,324 Parks & Recreation Foundation $ 191,350 Historical Committee $ 5,150 SEDC $ 2,062,574 Total $48,095,837 RECOMMENDATION Staff recommends that the City Council approve the second reading of Ordinance No. 10-T-25, adopting the budget for the fiscal year beginning October 1, 2010 and ending September 30, 2011. ATTACHMENT Ordinance No. 10-T-25 ORDINANCE NO. 10-T-25 AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE FILING OF THE BUDGET; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Schertz is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Manager of the City of Schertz submitted a budget proposal to the City Council prior to the beginning of the fiscal year, and in said budget proposal set forth the estimated revenues and expenditures and made the detailed classification as required by the City Charter of the City of Schertz, Texas; and WHEREAS, the City Council finds that all provisions pertaining to the adoption of a budget contained in the City Charter have been in all things complied with; and WHEREAS, a Public Hearing was held by the City Council of the City of Schertz, Texas on the 24th day of August, 2010 and on the 31st day of August, 2010; and WHEREAS, after a full and final consideration, the City Council is of the opinion that the budget should be approved and adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: SECTION 1. The budget of the Expenditures of the City of Schertz for the ensuing Fiscal Year beginning October 1, 2010 and ending September 30, 2011, as modified by the City Council, be, and the same is, in all things, adopted and approved as the said City of Schertz budget for the Fiscal Year beginning the first day of October, 2010, and ending the thirtieth day of September, 2011. SECTION 2. The sums below are hereby appropriated from the respective funds for the payment of expenditures on behalf of the City government as established in the approved budget document: 2010-2011 Budget General Fund $ 18,882,876 Water & Sewer $ 14,343,798 Tax I & S $ 3,614,324 EMS $ 7,056,326 Drainage $ 676,511 Capital Recovery $ 638,000 SED $ 2,062,574 Hotel/Motel $ 377,478 Special Events $ 111,450 Parks Fund $ 80,000 Recycling $ 56,000 Parks & Recreation Foundation $ 191,350 Historical Committee $ 5,150 Total $ 48,095,837 SECTION 3. A true and correct copy of this ordinance along with the approved budget attached hereto, and any amendments thereto, shall be filed with the City Secretary. In addition, the City Manager is hereby directed to file or cause to be filed a true and correct copy of this ordinance along with the approved budget attached hereto, and any amendments thereto, in the office of the County Clerk of Guadalupe, Comal and Bexar Counties, Texas, as required by law. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Schertz, Texas (2006), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. This ordinance shall be in full force and effect from and after its final passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING THIS 31st DAY OF AUGUST 2010. ___________________________ Hal Baldwin, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary PASSED AND APPROVED ON SECOND READING THIS 7th DAY OF SEPTEMBER 2010. ____________________________ Hal Baldwin, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: September 7, 2010 Department: Finance Subject: Ordinance No. 10-T-26 -Fiscal Year 2010-11 Tax Rate (Final Reading) BACKGROUND The Council will vote to adopt a tax rate of $0.4493 per $100 property valuation. In accordance with Chapter 26 of the Texas Tax Code the City Council must hold two (2) public hearings on a proposed tax rate. The two public hearings were held on August 24, 2010 and August 31, 2010. A first vote was approved by Council on August 31, 2010. FISCAL IMPACT Tax rate of $0.4493 per $100 value of property. RECOMMENDATION Staff recommends that the City Council approve Ordinance No. 10-T-26 approving the Fiscal Year 2010-11 Proposed Tax Rate on final reading. The motion is “I move that property taxes be increased by the adoption of a tax rate of $0.4493 and adoption of an ordinance adopting the 2010 tax rate. ATTACHMENT Ordinance No. 10-T-26 ORDINANCE NO. 10-T-26 AN ORDINANCE APPROVING THE APPRAISAL ROLL; SETTING THE TAX RATE; LEVYING AND ASSESSING GENERAL AND SPECIAL AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SCHERTZ, TEXAS; APPORTIONING THE LEVIES FOR SPECIFIC PURPOSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Schertz submitted a tax rate proposal to the City Council prior to the beginning of the fiscal year, and in said tax rate proposal set forth the estimated necessary tax rate required to provide adequate revenues for the general use and support of the Municipal Government of the City of Schertz Texas; and WHEREAS, the City Council finds that all provisions pertaining to the adoption of an ad valorem tax rate have been in all things complied with; and WHEREAS, a Public hearing was held by the City Council of the City of Schertz on the 24th day of August, 2010 and a second Public Hearing was held on the 31st day of August 2010; and WHEREAS, after a full and final consideration, the City Council is of the opinion that the tax rate and ad valorem tax appraisal roll should be approved and adopted; and WHEREAS, the taxes have been levied in accordance with the adopted 2010-11 budget as required by state law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: SECTION 1. The ad valorem tax appraisal roll and effective tax rate information as presented by the tax assessor for the tax year 2010, be and is hereby in all things approved and adopted. SECTION 2. This tax rate will raise more taxes for Maintenance and Operations than last year’s tax rate. SECTION 3. This tax rate will raise taxes for Maintenance and Operations on a $162,993 Home by approximately $24. SECTION 4. There is hereby levied and assessed and there shall be collected for the tax year 2010 for the general use and support of the Municipal Government of the City of Schertz, Texas a total ad valorem tax of Forty-Four Point Ninety-Three Cents ($($0.4493) on each One Hundred Dollars ($100.00) of valuation of property – real and personal – within the corporate limits of the City of Schertz, Texas, subject to taxation. The assessment ratio shall be One Hundred percent (100%). SECTION 5. The City Council of the City of Schertz, Texas, does hereby levy or adopt the tax rate on $100.00 valuation for this city for tax year 2010 as follows: 1. 0.299300 for the purpose of maintenance and operation 1. 0.150000 for the payment of principal and interest on debt 2. 0.449300 total tax rate SECTION 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of the ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. This ordinance shall be in full force force and effect from and after its passage, and it is so ordained. SECTION 8. Ad valorem taxes for the year are due and payable on October 1, 2010 and shall become delinquent after January 31, 2011. A delinquent tax shall incur all penalty and interest authorized by state law, Section 33.01 of the Property Tax Code. Taxes that remain delinquent on and after July 1, 2011, incur an additional penalty of 15% of the amount of the taxes, penalty and interest due, such additional penalty to defray the cost of collection as authorized in Section 6.30 of the Property Tax Code. The City shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. SECTION 9. Taxes are payable at the office of the counties of Comal, Bexar and Guadalupe. PASSED AND APPROVED ON FIRST READING THIS 31st DAY OF August 2010. ___________________________ Hal Baldwin, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary PASSED AND APPROVED ON SECOND READING THIS 7th DAY OF September 2010. ____________________________ Hal Baldwin, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: September 7, 2010 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a regular meeting on August 31, 2010. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the August 31, 2010 minutes. ATTACHMENT Minutes 08-31-2010 MINUTES REGULAR MEETING August 31, 2010 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 31, 2010, 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 Hal Baldwin Mayor Pro-Tem Edwards Councilmember Jim Fowler Councilmember David Scagliola Councilmember George Antuna 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 CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. PROCLAMATION • Payroll week Mayor Baldwin read the Payroll week proclamation. HEARING OF RESIDENTS Mayor Baldwin recognized the following citizens: • Ms. Doreen Bowers, 2608 Hidden Garden, who addressed the Council on the issue of the recent Council vacancy and appointment procedures. • Mr. Garron Ritter, Vice President of the newly formed SYSA Board, who provided a briefing on the status of the Soccer Alliance requirements, mentioning the following new SYSA Board of Directors: President, Robert Wallace, GRAYSA; Vice President, Garron Ritter, Lions Futbol; Treasurer, Emery Kelley, GRAYSA; Secretary, Robert Sanderson, Lions Futbol; Robert Galindo, Chuck Van Zandt, and George Logan with the City of Schertz. • Mr. Ken Greenwald, 205 Westchester Drive, who presented Library Director, Gail Douglas with an autographed copy of his brother’s, Jim Greenwald’s twelfth book. • Mr. Robert Brockman, 1000 Elbel Road, who stated he attended a book signing on Saturday at the Bird Seed Store and author, Ann Mallard gave him a book about 8-31-10 Minutes Crescent Bend Nature Park. Mr. Brockman presented Library Director, Gail Douglas with an autographed copy of the book. Mr. Brockman also asked Council if the City still had a Department of Governmental Affairs, and stated that he believes Mr. Bob Cantu is running out of jobs and suggested he be appointed to that job. • Ted Meyers of Kung Jung Mu Sul of Schertz introduced student Monique who invited City Council to attend the upcoming “Bully Prevention Seminar” Saturday September 18, 2010, from 1:00 p.m. to 3:00 p.m., as well as invited them to this Friday’s Belt Ceremony, which starts at 6:00 p.m. Discussion and/or Action Items 1. Public Hearing Fiscal Year 2010-11 Budget – Conduct a public hearing and consideration and/or action approving the City of Schertz FY 2010-11 Budget. (Second required public hearing) (D. Harris/J. Santoya) Ordinance No. 10-T-25 -City of Schertz FY 2010-11 -Consideration and/or action approving an Ordinance on the proposed FY 2010-11 Budget. First Reading (D. Harris/J. Santoya) Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item answering questions from Council. Mr. Harris stated in accordance with the City Charter, the City Manager has submitted a budget proposal to the City Council for consideration. This is the second of two required public hearings and the first of two required votes regarding the adoption and approval of the FY 2010-11 Budget. Mr. Harris provided the following calendar: • August 24, 2010 -First Public Hearing • August 31, 2010 -2nd Public Hearing and 1st Vote • September 7, 2010 2nd Vote on the FY 2010-11 Budget • October 1, 2010 New Budget in Effect Mr. Harris provided the following information as a brief overview for Council: Plan A: $0.4342 includes (Current rate) • Current approved staff • 9% Health Insurance cost increase • 20% increase in fuel expense • Code Enforcement Officer and Service Clerk for Marshal Services • Master Planning Project Plan B: $0.4493 Adds: (Proposed budget is currently set at this rate) • Parks & Recreation 2 Seasonal Part-time workers • Adult Services Librarian • 2% Cost of Living adjustment Plan C: $0.4615 adds $250,000 to reserves 8-31-10 Minutes Page -2 - $0.4675 adds $375,000 to reserves Mr. Harris went over: • Property Values • FY 2010-11 Tax Rate Impact to Homeowners • General Fund – Expenses • Interest & Sinking Debt Fund • Details of New Personnel Mayor Baldwin opened the public hearing and provided the following statement: “the City has two public hearings this evening, one is on the budget and the other is on the tax rate and requested speakers to address the different issues, but understands that if citizens have to comment on both, then that was not a problem, it would just help on commenting in the proper place.” Mayor Baldwin recognized the following: • Ms. Doreen Bowers, 2608 Hidden Garden, who asked for clarification and definition of reserves. Mayor Baldwin and City Manager Don Taylor explained the current amount and how it got to that amount, as well as explained the reasoning for wanting to put money back into reserves. Ms. Bowers expressed her approval for employees to receive their COLA as well as the items needed to do their job, because they are valuable assets. • Mr. Robert Gibson, 3517 McAlister Lane, who first apologized to Mayor Pro-Tem Edwards for his group leaving at the last meeting while he was having dialoged explaining to the citizens the process and reasoning for items in the budget. Mr. Gibson commented on the reserve amounts as well as commented on the City finding better ways of informing citizens on the budget and tax rate proposals. Mayor Baldwin closed the public hearing as no one else wished to speak and opened it back up to Council comments. Mayor Baldwin recognized Mayor Pro-Tem Edwards who made the following comments: • Budget has been on the website since the first budget workshop, August 3, 2010, as well as a hard copy in the City Secretary’s office, and as well at the Library. Mayor Baldwin stated that it was because of Mr. Gibson that the City placed the budget online this year as he spent $35.00 for a copy last year. Assistant City Manager David Harris stated that it was on the City Secretary page as well as the Finance page of the website. • Explained the purchases of the Soccer Fields and Freeway Manor Property from the reserves. • Absolute necessity of a Master Plan for the city Mayor Baldwin recognized Councilmember Scagliola who made the following comments: • Would like the City to think about better ways for citizens to get information when Council is considering the budget and tax rates. 8-31-10 Minutes Page -3 - • Provided what he believes, the definitions are on effective, efficient, and effectiveness. He stated that he does not question the effectiveness of the management or leaders of the City. • Line item veto approach is not very efficient, but he believes that is the only way, so he will give it a try: (1) implement a hiring chill and explained what he meant by “chill”, (2) trim expenses associated with off-sites, i.e., TML conferences, (3) scrub a piece of the special events fund, provide an appropriate COLA, 1.25% instead of the 2%, (4) determine what can be trimmed or delayed from Fleet Services, including staff vehicles, (5) does not believe the City can afford the $250,000 for the Gateway Master Plan. He knows he voted for it and it is a great idea, but does not believe the City has the money right now to fund it; EDC has the money to jump-start it. Mayor Baldwin recognized Mayor Pro-Tem Edwards who stated that if the City gives a 1.25% COLA it would save $85,000. City Manager Don Taylor stated that the City does not have extra vehicles, so there would be no savings there. Mayor Pro-Tem Edwards stated that he recently spent time over at the Police Department and was assured that the vehicles are necessary. City Manager Don Taylor stated that a police vehicle with 85,000 miles on it is like 250,000 miles on a normal car. When a citizen calls for police assistance, he wants to make sure that they get to the destination on time and with no vehicle problems. He reiterated that again he started on this budget over a year ago. He stated the present budget is at .4342; he is raising it to .4493 to keep up with the services necessary for the citizens of Schertz. The .4493 does not include raises for the employees this year, they received no raises last year or the year before; they received a COLA, which is what exactly the Government states they should receive to maintain the same. Mayor Baldwin recognized Councilmember Fowler who made the following comments: • Look at the additional employees where it indicates the funding sources • In favor of adding monies to the reserves Councilmembers mentioned that during the City Council seat campaigns most were hearing from the citizens the need for more Code Enforcement Officers. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Fowler to approve Ordinance No. 10-T-25, adopting the budget at the rate of .4493 for the fiscal year beginning October 1, 2010 and ending September 30, 2011 as presented by staff. The vote was 4-1 with Councilmember Scagliola voting no. Motion Carried Mayor Baldwin stated that he cares for the tax rate and has done his best as a Councilmember, Mayor, and as a Business Manager for the school district to keep tax rates as low as possible. He is in favor of doing what is necessary to keep up with cost of living expenses and keep up the salaries for the people you ask to perform. He does not see anything in the budget that needs to be cut out. Mayor 8-31-10 Minutes Page -4 - Baldwin stated that it is extremely important to have a Master Plan to guide the City with their zoning needs for how the City is going to look after it has been built out. Mayor Baldwin gave the following example: recently the Comal School District purchased a valuable piece of property for the use of building a new high school. If the City had a Master Plan in place, then this property would not have been sold to the school district, but used as an anchor for a strip center; that would have brought sales tax and ad valorem taxes to the City. 2. Public Hearing on Proposed Tax Rate for FY 2010-11 – Conduct a public hearing and consideration and/or action regarding the adoption of the FY 2010-11 Tax rate. (Second required public hearing) (D. Harris/J. Santoya) Ordinance No. 10-T-26 -Tax Rate for Fiscal Year 2010-11 -Consideration and/or action approving an Ordinance on the proposed FY 2010-11 Tax Rate. First Reading (D. Harris/J. Santoya) Mayor Baldwin stated that Mr. Harris already presented the tax information as discussed above in his presentation regarding the proposed budget. Mayor Baldwin opened the public hearing and recognized the following: • Ms. Melba Smith, 206 Aero, against a property tax increase • Ms. Doreen Bowers, 2608 Hidden Garden, approves the rate of .4493 • Mr. Gary Evans, 2517 Kline Circle, against a property tax increase • Mr. Robert Gibson, 3517 McAlister Lane, against a property tax increase Mayor Baldwin closed the public hearing as no one else spoke. Mayor Baldwin opened it up for Council discussion and recognized the following: Councilmember Carpenter stated he supports the .4493 tax rate which does not put money back into the reserves, but challenges the City Manager team to find a way with the possible savings from this year and the budget next year to put $125,000 back into reserves. Mayor Baldwin recognized Councilmember Fowler who asked if the City did not put money back into the reserves, how it would affect the bond rating. Mayor Baldwin recognized Financial Advisor Ryan Cunningham who came forward explaining fund reserves answering questions from Council. Mayor Baldwin recognized Councilmember Scagliola who moved for a rate of .4342. Motion died for lack of second. Mayor Baldwin recognized Mayor Pro-Tem Edwards who stated he agrees with the proposed tax rate of .4493 and commented on the use of take home vehicles; the necessity of these when departments are on call. 8-31-10 Minutes Page -5 - Mayor Baldwin stated he agrees with the .4493 proposed tax rate and agrees that it is not the best time to increase taxes. He also challenges staff to find $125,000 for reserves and stop the urge of buying lots. Councilmember Carpenter stated staff and Council have held the line this year, did not purchase items needed, and held spending on training. Mayor Baldwin recognized Councilmember Carpenter, seconded by Councilmember Fowler to approve Ordinance No. 10-T-26 with the tax rate of .4493. The vote was 4-1 with Councilmember Scagliola voting no. Motion Carried 3. Refinancing of the Series 2001 Certificates of Obligation – Discussion and briefing with Mark McLiney of Southwest Securities, the City’s Financial Advisor regarding the potential refinancing of the Series 2001 Certificates of Obligation to generate Debt Service savings. (M. McLiney) Mayor Baldwin recognized Financial Advisor Ryan Cunningham of Southwest Securities who briefed the Council regarding the potential refinancing of the series 2001 Certificates of Obligations, which are supported by ad valoreum taxes and become callable on February 1, 2011. The City has 90 days prior to due date to issue new bonds and refund the existing obligations. Action requested of Council will give Mr. Cunningham and staff authority to proceed towards a bond sale in October. Based on today’s interest rates a new refunding bond would save the City approximately $250,000 or $25,000 per year. It was the consensus of Council to have Ryan Cunningham and Mark McKliney of Southwest Securities to proceed towards a bond sale in October. 4. Impervious Cover -Discussion only regarding swimming pools being included with impervious cover. (M. Sanchez) Mayor Baldwin recognized Development Services Director Michelle Sanchez who introduced this item stating that on August 17, 2010, members of City Council requested discussion on whether swimming pools should be included in the impervious coverage restrictions adopted by the Unified Development Code and provided a brief PowerPoint regarding the following: • UDC Table 21.5.7.A Dimensional Requirements • Provided a table regarding cities, which were surveyed where swimming pools were included as impervious coverage. • Provided definitions out of the “Planning Dictionary” of impervious coverage and pervious surface. Mayor Baldwin recognized City Engineer Larry Dublin who came forward further explaining the types of coverage’s, as well as provided brief information on when it evolved, which was the “Clean Water Act” of the 60’s. The idea 8-31-10 Minutes Page -6 - was to determine if water moved rapidly over a smooth surface, which runs off in rivers, streams, etc. The main idea was to clean the water. Mayor and Council discussed this matter further and requested staff to bring back a revision to the UDC to not include swimming pools as impervious cover. Ms. Sanchez stated that she would like for Council to consider this early next year as we have already two revisions to the UDC, which was adopted in April, City Council concurred. 5. Minutes – Discussion and consideration and/or action regarding the approval of the minutes of the August 24, 2010, regular meeting. Mayor Baldwin recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Carpenter to approve the minutes of the regular meeting of August 24, 2010. The vote was unanimous. Motion Carried 6. Resolution No. 10-R-47 – Consideration and/or action approving a resolution approving a payment to the City from the Economic Development Corporation for Master Planning Costs. First Reading (J. Jewell) (Item Item was pulled from the 8-24 agenda) Mayor Baldwin recognized Economic Development Director Jeff Jewell who introduced this item answering questions from Council. Mr. Jewell stated action requested of Council approves a payment to the City from the Economic Development Corporation for the creation of master development plans for the City by Gateway Planning Group, Inc. Fiscal impact not to exceed $399,175 to be paid for from EDC funds. The total project costs anticipated are $658,625 ($259,450 from General Fund and $399,175 from EDC). City Council approved the project on July 27, 2010. Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Antuna and Mayor Pro-Tem Edwards to approve Resolution No. 10-R-47 first reading. Vote was unanimous. Motion Carried 7. Resolution No. 10-R-52 -Consideration and/or action approving a resolution of the City of Schertz, Texas, amending the Fee Schedule of Appendix C of the Code of Ordinances, City of Schertz. (R. Galindo/J. Santoya) Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item answering questions from Council. Mr. Harris stated that city departments collect a wide variety of fees for permits, services, fines, and other charges that are all part of the every day operations of municipal government. Since September 2008, the fees have been incorporated into a single fee schedule. Mr. Harris provided a brief PowerPoint outlining the following proposed changes: 8-31-10 Minutes Page -7 - Summary of Changes 2009-10 2010-11 Library Books per day -adult $.25 Delete Books per day – child $.10 Delete All Books Per Day N/A $0.25 Audio cassettes per day $.10 $0.25 Audio cassettes per day $1.00 $0.25 Civic Center Grand Ballroom Setup Kit N/A $35.00 Capital Recovery fee, per person N/A $1.00 Civic Center Cut off Hall Mon-Thurs, per day N/A $325 Monday –Thursday, half day N/A $250 Friday & Saturday, per day N/A $1,200 Sunday, per day N/A $500 Sunday, half day N/A $325 Approved setup kit N/A $35 Capital Recover Fee, per person N/A $1.00 Civic Center Conf. Hall Mon-Thurs, per day N/A $250 Monday-Thursday, half day N/A $175 Sunday, per day N/A $400 Sunday, half day N/A $250 Audiovisual Access N/A $25 Approved setup kit N/A $35 Capital Recover Fee, per person N/A $1.00 Not available on Friday and Saturday Civic Center – Bluebonnet HALL Audiovisual Access N/A $25 Approved Setup Kit N/A $35 Capital Recovery Fee, per person N/A $1.00 Community Center North 3501 Morning Dr Monday – Thursday all day $125 $150 150 Monday – Thursday, half day $75 $100 Approved Setup kit N/A $35 Community Center Central Monday – Thursday, per day (removed per/hr $20/hr $150 Monday – Thursday, half day N/A $100 Friday-Saturday, per day $200 $400 Sunday, per day N/A $250 Sunday, half day N/A $150 Stage $50 $100 Damage/Cancellation Deposit $100 $200 Approved Setup kit N/A $35 Parks and Recreation – All Pavilions Monday-Thursday 50% discount on rental rates $25 to $150 Electricity (1st 3 hours) $8.00 Delete Electricity (each additional hour) $2.00 Delete Animal Services Quarantine fee 8-31-10 Minutes Page -8 - Plus Daily charge per animal for boarding $8.00 $10.00 Marshal Services *City violation court fee N/A $10.00 Inspections Plumbing Contractor (Annually) $60.00 N/C Administration Fee for Cancellation of permit, plus Plan Review fee if applicable 10% of permit fee Business Office Water Deposit (Renters) in City $60.00 $150.00 Water Deposit (Renters) out of City $90.00 $150.00 Garbage Collection Fees Class I: Residential, Single Family, per month $10.81 $11.08 Recycling Fee, per month/container $1.25 $1.87 Mr. Harris stated action requested of Council amends the City’s fee schedule, effective October 1, 2010 by increasing and changing certain fees in the current schedule. Staff estimates the City will generate an estimated $47,000 in additional revenue, which is reflected in the FY 2010-11 proposed budget. Mayor and Council addressed the following concerns on rate increases: • Water deposit increase – Mr. Harris stated this was increased for renters due to renters leaving the City and leaving a water balance. Mayor Baldwin stated his concerns for the deposit rate increase stating that areas such as Aviation Heights just received notification of their flood insurance rates going up between $1,000 and $2,000. He stated that if you impose a higher water deposit, his concern would be that the renters in the area could not afford this and would have to move. • Councilmember Carpenter also addressed his concerns for such a jump in water deposits and believes staff should adjust the in-City to $75.00 this year and possibly looking at raising it to $90.00 next year to see what effect it has. • Mayor Pro-Tem Edwards also agreed with the considerable deposit increase stating too, that he is concerned about the Aviation Heights area possibly becoming desolate. • Garbage collection fees: Mr. Harris stated that this fee increase is at the request of Bexar Waste for a 2 1/5 % increase this year and another 2 1/5% next year. • Staff provided Council information on what the write-off amounts are as well as stating that after two two years the deposits are refunded. Mayor Baldwin recognized Mr. Henry Gutierrez with Bexar Waste who came forward stating the reason for the request in increase of rates. He stated that it is like 8-31-10 Minutes Page -9 - a pass through amount imposed upon him by the landfills. City Manager Don Taylor reiterated the explanation of increase imposed by the landfills. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve Resolution No. 10-R-52 accepting the fee schedule with the following changes: water in-city deposit rate of $125.00 and the water out-of city deposit rate at $125.00, and approve the garbage rate increase for this year at a rate of $11.08. Mayor Baldwin again recognized Councilmember Carpenter who stated that he believes doubling the water deposits is too much. Mayor Baldwin recognized Councilmember Antuna who stated that he would like the Council to consider the out-of-city water deposit fee at $150.00 and asked if Councilmember Scagliola could amend his motion. Councilmember Scagliola amended his motion to include in-city water deposit rate at $125.00 and out-of-city water deposit rate at $150.00 and increase the garbage rate to $11.08; Councilmember Fowler seconded the motion. Councilmembers again discussed this issue, Mayor Baldwin recognized Councilmember Antuna who called for a vote. Further discussion by Council, Councilmember Antuna withdrew his motion calling for a vote. Mayor Pro-Tem Edwards asked what the motion was. City Attorney Michael Spain clarified the motion stating that the motion was to increase the City water deposit rate to $125.00 and out-of-city water deposit rate to $150.00, including the garbage rate increase of $11.08. Mayor Baldwin called for the vote. The vote was 4-1 with Councilmember Carpenter voting no. Motion Carried 8. Appointments/Resignations to Boards and Commissions/Committees – Consideration and/or action regarding appointments/resignations to Boards and Commission/Committees. • Ratify the resignations of Robert Crawford and Michael Tews – Historical Preservation Committee • Appointments to the Planning and Zoning Commission Mayor Baldwin stated the City received resignations letters from Mr. Robert Crawford and Mr. Michael Tews from the Historical Preservation Committee. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Fowler for the ratification of the resignations of Mr. Robert Crawford and Mr. Michael Tews. The vote was unanimous. Motion Carried Mayor Baldwin stated that the Council Interview Committee met on August 26, 2010 and the following was the board’s recommendations for appointments to the Planning and Zoning Commission effective October 1, 2010: 8-31-10 Minutes Page -10 - • Timothy (Jake) Jacobs move to voting position (currently holds alternate position 1) • Amy McBrearty move to alternate position 1 (currently holds alternate position 2); and appoint Bert Crawford to alternate position 2. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Mayor Pro-Tem Edwards for the appointment of Jake Jacobs to voting position; appointment of Amy McBrearty to alternate one position; and the appointment of Bert Crawford to alternate two position effective October 1, 2010. The vote was unanimous. Motion Carried Mayor Baldwin moved into executive session at 10:02 p.m. EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Mayor Baldwin reconvened into regular session at 10:45 p.m. RECONVENE TO REGULAR SESSION 9. Take any action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 11. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized Councilmember Carpenter who asked if an item could be placed on a future agenda to discuss changing the Council meeting start time to 5:30 p.m. Councilmembers concurred. Mayor Baldwin recognized Councilmember Scagliola who asked if there was a way to place the agenda on the overhead for individuals in the audience. City Secretary Brenda Dennis stated that it would be possible to place a hard copy on the overhead projector, but that it would be hard to view. Councilmember Scagliola also stated that there is a SchertzFest banner at Foster and 78 and the date says it is October. Assistant City Manager David Harris stated that he would certainly look into this; that if one is wrong then possibly all the banner dates are wrong. 12. Requests by Mayor and Councilmembers to City Manager and Staff for information. 8-31-10 Minutes Page -11 - Mayor Baldwin recognized Councilmember Fowler who stated he drove by the house on Wimbledon, took photographs, and asked if staff could inspect the area around the fireplace chimney flume; it seems that there is an area exposed on the backside and his concern is that animals could be getting into house and could be a possible hazard. Assistant City Manager John Bierschwale stated that he would have the Marshal’s office look into it and get back with him. 13. 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 Baldwin recognized Mayor Pro-Tem Edwards who stated that last week he went over to the police department and sat with them for a few hours and just wanted to commend them for a job well done. (Mayor Pro-Tem Edwards commended several officers) Mayor Baldwin recognized Councilmember Scagliola who stated he attended the anniversary celebration of the Library on Saturday and commended staff and Grumpys for a great job and great food. Councilmember Scagliola stated that he had asked last week if banners could be put up on Country Club Blvd and thanked staff for taking care of this so quickly, as well as he had asked for a status report on the house at Wimbledon and staff quickly provided that as well, appreciates the proactive initiatives that staff provides. Councilmember Scagliola stated that this morning he attended a groundbreaking ceremony for Tyrannus School of the Arts, across from Woman Hollering Road and FM 1518. 14. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized City Attorney Michael Spain that stated that Assistant City Attorney Jaime French gave birth to her third son, Tyler yesterday and she will be out until January. Mayor Baldwin recognized Assistant City Manager John Bierschwale who stated that the pool of water reported earlier outside of City Hall will be fixed tomorrow. Mayor Baldwin recognized Assistant City Manager David Harris who reminded Council and Staff that Wednesday September 8th the City of Schertz will be hosting a water symposium at the Civic Center, as well as reminded council to mark their 8-31-10 Minutes Page -12 - 8-31-10 Minutes Page -13 -calendars for September 15th at 6:00 at the Civic Center, the Schertz Sweetheart Banquet and Coronation would be hosted. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 10:50 p.m. ___________________________________ Hal Baldwin, Mayor ATTEST: _______________________________________ Brenda Dennis, TRMC, CMC City Secretary Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: September 7, 2010 Department: Economic Development Subject: Resolution No. 10-R-47 -Reimbursement of City Costs relating to Gateway Planning (Final Reading) BACKGROUND The Board of Directors of the SEDC has determined that the approval of a project consisting of the creation of master development plans for the City with an aggregate expenditure of not to exceed $399,175 to reimburse the City for costs it has incurred or will incur with Gateway Planning Group, Inc. for a City-wide master planning project are advisable. The proposed actions require City Council approval. The provision of the Development Corporation Act which permits these expenditures requires City Council approval by resolution at two readings. Second reading will be on the City Council’s August 31, 2010 agenda. City Council passed this on first reading at their meeting of August 31, 2010. FISCAL IMPACT EDC funds not to exceed $399,175 RECOMMENDATION Approval of Resolution No. 10-R-47 final reading ATTACHMENT Resolution No. 10-R-47 CCM Resolution 10-R-47.doc RESOLUTION NO. 10-R-47 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A PAYMENT TO THE CITY BY THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION FOR MASTER PLANNING COSTS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz Economic Development Corporation (the “SEDC”) is organized pursuant to the Development Corporation Act, Title 12, Subtitle C1, Local Government Code, as amended (the “Act”); WHEREAS, Section 505.158 of the Act permits the SEDC to fund land, buildings, equipment, facilities, expenditures, targeted infrastructure, and improvements found by the Board of Directors of the SEDC to promote new or expanded business development; WHEREAS, expenditures under Section 505.158 of more than $10,000 must be approved by resolution of the City Council of the City of Schertz, Texas (the “City”) after at least two separate readings; and WHEREAS, the Board of Directors of the SEDC has determined that the approval of a project consisting of the creation of master development plans for the City with an aggregate expenditure of not to exceed $399,175 to reimburse the City for costs it has incurred or will incur with Gateway Planning Group, Inc. for a City-wide master planning project (the “Project”) is in furtherance of the corporate purposes of the SEDC and in the best interests of the City and its citizens; WHEREAS, the Board of Directors of the SEDC has determined that the funding of the Project will promote new or expanded business development within the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the Project proposed by the SEDC; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The funding of the Project by the SEDC is hereby approved. Upon approval by the City, the President of the SEDC and the Executive Director of the SEDC with the approval of the President are each hereby authorized by the City Council to pay to the City an aggregate amount not to exceed $399,175 to reimburse the City for costs it has incurred or will incur with Gateway Planning Group, Inc. for a City-wide master planning project. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Resolution 10-R-47.doc -2-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 matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND APPROVED on first reading the 31st day of August, 2010. PASSED AND FINALLY APPROVED on second and final reading the 7th September day of August, 2010. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: September 7, 2010 Department: City of Schertz Investment Advisory Committee Subject: Resolution No. 10-R-53 Revising the Schertz Investment Policy BACKGROUND The City of Schertz Investment Policy requires a review of the City of Schertz Investment Policy annually. The Investment Committee is recommending to maintain the existing Schertz Investment Policy without any changes. FISCAL IMPACT There will not be any fiscal impact. RECOMMENDATION Approval of Resolution No. 10-R-53 . ATTACHMENT Resolution No. 10-R-53, with City of Schertz Investment Policy attached. CCM Resol 09-R-23.doc RESOLUTION NO. 10-R-53 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ADOPTION OF THE CITY OF SCHERTZ INVESTMENT POLICY. WHEREAS, the City of Schertz Investment Policy requires an annual review by the City Council (the “City Council”) and after such review the City of Schertz (the “City”) has determined that it is in the best interest of the City to adopt the City of Schertz Investment Policy, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby adopts the City of Schertz Investment Policy and is repealing any and all prior changes and amendments to Investment Policy attached as Exhibit A. Section 2. The City of Schertz Investment Policy requires an annual review by the City Council and after review the City Council recommends maintaining the existing investment policy as is Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 7th day of September, 2010. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) Resol 09-R-23.doc EXHIBIT A CITY OF SCHERTZ, TEXAS INVESTMENT POLICY See attached Resol 09-R-23.doc A-1 CITY OF SCHERTZ, TEXAS INVESTMENT POLICY 20003062.2 ITEM 5A SCHERTZ -i-TABLE OF CONTENTS I. INVESTMENT SCOPE...........................................................................................................1 General Statement................. ..........................................................................................1 Funds Included............................................................................................. ....................1 Funds Excluded.................................................................................................................1 II. INVESTMENT OBJECTIVES....................... .....................................................................1 General Statement............................................................................................................1 Safety.................................................................................................................................2 Liquidity..................................................... ......................................................................2 Diversification................................................................................................................ .2 Yield..................................................................................................................................2 Maturity................................................... ........................................................................3 Quality And Capability of Investment Management....................................................3 Public Trust.......................................................................................................................3 Portfolio Management..................................................... ................................................4 Investment Strategy..........................................................................................................4 III. INVESTMENT RESPONSIBILITY AND CONTROL....................................................4 City's Investment Delegate.................................................................................. ............4 Selecting And Processing Investments............................................................................5 Documenting Investments And Providing Details.......................... ..............................5 Developing Cash Flow Projections For All Portfolios...................................................5 Determining Cash Available For Investment...................... ..........................................5 Monitoring Investment Performance..............................................................................5 Reconciling Investment Records And General Ledger.................................................6 Allocating Interest Revenue.............................................................................................6 Providing Revenue Estimates For All Portfolios...........................................................6 Prudence.................................................................................... ......................................6 Business Relationships of City Manager (or his/her designee).....................................6 Liability of City Manager (or his/her designee)............. ...............................................7 IV. INVESTMENT REPORTING.............................................................................................7 Quarterly Report............................................................... ..............................................7 Investment Advisory Committee.....................................................................................8 Annual Review...................... ...........................................................................................8 Notification of Investment Changes or Defaults............................................................ Compliance Audit.............................................................................................................9 V. INVESTMENT INSTRUMENTS.............................................. ..........................................9 Authorized Investment Instruments...............................................................................9 VI. INVESTMENT INSTITUTIONS.............. ........................................................................12 Investment Institutions Defined.....................................................................................12 Selection of Bank And Securities Dealers.....................................................................12 ITEM 5A SCHERTZ -ii-VII. INVESTMENT COLLATERAL AND SAFEKEEPING...............................................13 Collateral or Insurance For Deposits................................................... ........................13 Safekeeping.....................................................................................................................13 Delivery vs. Payment..................... ................................................................................14 I. INVESTMENT SCOPE General Statement This policy (this “Policy”) serves to satisfy the statutory requirement of the Public Funds Investment Act, as amended, Texas Government Code Chapter 2256, as amended (the “Act”), to define and adopt a formal written investment policy for the City of Schertz, Texas (the “City”). The City shall be authorized to invest its funds pursuant to the provisions of the Act and this Policy or, upon obtaining the prior approval of the City Council of the City (the “City Council”), any other applicable law. Funds Included This Policy applies to all City funds under the direct control of the City, at the present time any funds to be received in the future and any other funds held in custody by the City, unless expressly prohibited by law or unless it is in contravention of any depository contract between the City and any depository bank. The City funds that are entrusted to the City Council for investment pursuant to this Policy are divided into the following portfolios based on the the source of funds: The operating account portfolio that consists of funds from the general fund and all other miscellaneous funds. The agency funds portfolio, which consists of all agency funds. Special Revenue, Special Assessment, and all other City funds. Funds Excluded This Policy shall not be applicable to any funds on deposit in any bond account, reserve account, or capital improvement construction account. The provisions of the ordinances authorizing the issuance of these debt obligations and the provisions of the Internal Revenue Code of 1986, as amended control the investment of funds on deposit in these accounts. II. INVESTMENT OBJECTIVES General Statement Funds of the City will be invested in accordance with the Act, this Policy, written investment strategy, and written administrative procedures to be developed by the City Manager (or his/her designee). The City's investment portfolio shall be managed in a manner to attain the maximum rate of return allowed through prudent and legal investing of of City funds while preserving and protecting capital in the overall portfolio. 20003062.2 1 Safety The primary objective of the City for all portfolios and funds is to ensure the safety of the principal. All investment transactions shall first seek to avoid capital losses. Liquidity The City's investment portfolio must be structured in a manner that will provide the liquidity necessary to meet all operating requirements which might reasonably be anticipated, and to pay obligations as they become due. Diversification The policy of the City, except when investing with the City’s depository bank or in U.S. Treasury Bills, Bonds or Notes, will be to diversify its investment portfolio when investing in certificates of deposit of other banks and savings and loans domiciled in Texas, repurchase agreements, U.S. agencies securities, and other investment instruments provided for by law. The City's portfolio shall be diversified to eliminate the risk of loss resulting from over concentration of assets in a specific maturity, a specific issuer or a specific class of investments. Investments of the City shall shall always be selected to provide stability of income and reasonable liquidity. Liquidity is defined as the ability to sell an investment at reasonable cost under adverse market conditions. In establishing specific diversification strategies, the following general polices and constraints shall apply: (1) Portfolio maturities shall be staggered in a way that avoids undue concentration of assets in a specific maturity sector. Maturities shall be selected which provide for stability of income and reasonable liquidity. (2) Liquidity shall be maintained through practices that ensure that the next disbursement date and payroll date are covered through current revenues, maturing investments, or marketable securities. (3) Risks of market price volatility shall be controlled through maturity diversification. Yield It is the objective of the City to earn the maximum rate of return allowed on its investments within the constraints imposed by its safety and liquidity objectives, and the applicable law governing the investment of public funds. The City must invest its portfolios in eligible investments that yield the highest possible rate of return while providing the necessary protection of the principal. The City seeks to optimize return on investments in all portfolios. The average minimum rate of return for the 20003062.2 2 entire portfolio, excluding funds needed for current obligations, must be at least equal to a no default risk rate of return indicator, such as the return on the three-month Treasury bill. If funds are subject to yield restrictions due to federal arbitrage regulations, those funds are excluded from the yield calculation. The City may only invest in a particular eligible investment if its yields are equal to or greater than the bond equivalent yield on United States Treasury obligations of comparable maturity. The City Council may establish additional appropriate criteria for investment performance measures. Maturity Portfolio maturities will be staggered to achieve the highest return of interest but at the same time provide for the necessary liquidity to meet the City's cash needs. City funds shall be invested only in investments whose maturities do not exceed five years at the time of purchase, except, if permissible, funds accumulated for debt service payments, bond fund reserve accounts, and registry trust funds. In addition, the average maturity of the overall portfolio, excluding those investments held for future major capital expenditures and registry trust funds, shall not exceed 4.5 years. Quality and Capability of Investment Management It is the City's policy to provide for periodic training in investments as required by the Act for the City Manager through courses and seminars offered by professional organizations and associations in order to ensure the quality and capability of the City Manager (or his/her designee) in making investment decisions. The treasurer, the chief financial officer if the treasurer is not the chief financial officer, and the City Manager (or his/her designee) of the City shall: (1) attend at least one training session from an independent source approved by the City Council of the City or the Investment Advisory Committee advising the City Manager (or his/her designee) as provided for in the Policy of the City and containing at least 10 hours of instruction relating to the treasurer’s or officer’s responsibilities under this Policy within 12 months after taking office or assuming duties; and (2) attend an investment training session not less than once in a two-year period and receive not less than 10 hours of instruction relating to investment responsibilities under this Policy from an independent source approved by the City Council of the City or the Investment Advisory Committee advising the City Manager (or his/her designee) as provided for in the Policy of the City. Training under this Policy must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with the Act. Public Trust 20003062.2 3 It will be the objective of the City to act responsibly as custodians of the public trust. Portfolio Management Under this Policy all investments will be made with the intent of pursuing, at the time of purchase, the best rate of return on securities held until maturity, and not with the intent of speculative trading. However, securities may be sold before maturity if market conditions present an opportunity for the City to benefit from this transaction. Investment Strategy As a part of its Policy, the City shall adopt a separate written investment strategy for each of the funds or groups of funds under its control. Each investment strategy must describe the investment objectives for the particular fund using the following priorities in order of importance: (1) Understanding of the suitability of the investment to the financial requirements of the City; (2) Preservation and safety of principal; (3) Liquidity; (4) Marketability of the investment if the need arises to liquidate the investment before maturity; maturity; (5) Diversification of the investment portfolio; and (6) Yield. III. INVESTMENT RESPONSIBILITY AND CONTROL City's Investment Delegate In accordance with Section 2256.005 of the Act, the City Manager (or his/her designee) is designated as the officer responsible for the investment of the City's funds. The City Manager (or his/her designee) is the primary manager of City investment portfolios, and shall develop and maintain written administrative procedures for the operation of the investment program, consistent with this Policy, including the following: (1) Summarizing the economic and market analysis; (2) Forecasting available cash for investments; (3) Formulating strategies for asset mix, investment instruments, maturities, and target yields; 20003062.2 4 (4) Monitoring performance against the current investment strategy and evaluating reasons for variances; (5) Reporting portfolios performance for the previous quarter to the City Council; and (6) Revising the investment strategy based on recommendations by the Investment Advisory Committee. Selecting and Processing Investments The City Manager (or his/her designee) reviews the composition of the current portfolio and determines whether the securities under consideration maintain the portfolio within the guidelines established by this Policy, subchapter A of the Act, and all federal, state, and local statutes, rules or regulations. The City Manager (or his/her designee) approves the wire transfer form authorizing the transfer of funds for a specific investment transaction. Documenting Investments and Providing Details The City Manager (or his/her designee) retains documentation of all investment transactions, including any bond swaps. The City Manager (or his/her designee) provides information and supporting supporting documentation for all investment transactions for entry in the General Ledger. The City Manager (or his/her designee) will utilize information and back-up documentation on all investment transactions to ensure accurate calculation of cash position and accurate posting to appropriate accounts. Developing Cash Flow Projections for All Portfolios The City Manager (or his/her designee) analyzes prior period data and develops and amends cash flow projections of the City's cash requirements. The City Manager (or his/her designee) uses cash flow projections to match assets and liabilities in order to maximize the return on investments. Determining Cash Available for Investment The City Manager (or his/her designee) determines the amount of City funds available for investment each business day. All funds that can be legally invested and that are not required for that day's disbursements are considered funds available for investment. Monitoring Investment Performance The City Manager (or his/her designee) designee) must routinely perform market and economic analysis to forecast probable market conditions for the investment period by assembling and analyzing current and trend data to develop and plan investment strategy. This analysis uses information obtained from investment advisors, brokers, and investment industry publications. 20003062.2 5 The City Manager (or his/her designee) monitors the current and expected yield curves for interest rate movements. When interest rates are expected to decline, maturity ranges are extended within portfolio and the constraints of this Policy. When interest rates are expected to increase, maturity ranges are shortened. The City Manager (or his/her designee) monitors yield spreads between various government agency issues and United States notes and bonds to determine the best value. The City Manager (or his/her designee) summarizes economic and market trend information and presents recommendations for investments strategy based on economic and market conditions to the City Council and the Investment Advisory Committee. Reconciling Investment Records and General Ledger The City Manager (or his/her designee) prepares a monthly report that includes information such as identifying investments at par value, identifying CUSIP number, disclosing the premium or discount, and the interest purchased for the City's investments. The report includes monthly and year-to-date interest accruals and amortization/accretion of premium/discount. This report should reconcile to the investment accounts in the General Ledger. Allocating Interest Revenue The City Manager (or his/her designee) allocates the interest revenue earned from investments proportionately to all accounts that participate in the investment function. Providing Revenue Estimates for All Portfolios The City Manager (or his/her designee) provides an estimate of the investment revenue for the annual budget by August 1 of each year. Prudence Investments of the City shall be made with judgment and the exercise of due care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital, as well as the probable income to be derived for the City. Unless authorized by law, a person may not deposit, withdraw, withdraw, transfer, or manage in any other manner the funds of the City. Business Relationships of City Manager (or his/her designee) The City Manager (or his/her designee) must file a statement with the City Council and the Texas Ethics Commission of any personal business relationship that the City Manager (or his/her designee) may have with a business organization as defined in the Act offering to engage in an investment transaction with the City. A personal business relationship is defined by Section 2256.005 of the Act to exist if 20003062.2 6 (1) The investment officer owns 10% or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; (2) Funds received by the investment officer from the business organization exceed 10% of the investment officer's gross income for the previous year; or (3) The investment officer has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal account of the investment officer. Liability of City Manager (or his/her designee) The City Manager (or his/her designee) is not responsible for any loss of the City funds through the failure or negligence of a depository bank or other financial or investment institution as described in Article VI of this Policy. IV. INVESTMENT REPORTING Quarterly Report The City Manager (or his/her designee) will continually monitor and evaluate the City's investments, and report quarterly to the City Council as provided in Section 2256.023 of the Act. The report must: (1) describe in detail the investment position of the City on the date of the report; (2) be prepared jointly by all investment officers of the City; (3) be signed by each investment officer of the City; (4) contain a summary statement, prepared in compliance with generally accepted accounting principles, of each pooled fund group that states the: (a) beginning market value for the reporting period; (b) additions and changes to the market value during the period; (c) ending market value for the period; and (d) fully accrued interest for the reporting period; (5) state the book value and market value of each separately invested asset at the beginning and end of the reporting period by the type of asset and fund type invested; 20003062.2 7 (6) state the maturity date of each separately invested asset that has a maturity date; (7) state the account or fund or pooled group fund in the City for which each individual investment was acquired; and (8) state the compliance of the investment portfolio of the City as it relates to: (a) the investment strategy expressed in the City's investment policy; and (b) relevant provisions of the Act. The report shall be presented not less than quarterly to the City Council and the City Manager of the City within a reasonable time after the end of the period. If the City invests in other than money market mutual funds, investment pools or accounts offered by its depository bank in the form of certificates of deposit, or money market accounts or similar accounts, the reports prepared by the investment officers under this section shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the City Council by that auditor. Investment Advisory Committee An Investment Advisory Committee composed of the City Manager (as Chair), both Assistant City Managers, the Mayor, Finance Director, Financial Analyst, and one member of the City Council designated from time to time by the City Council will meet no less than once semiannually to review the last two quarterly reports prepared by the City Manager (or his/her designee) and review the Investment Objectives, Investment Responsibility and Control, and Investment Instruments as established by this Policy and the Act. Annual Review This Policy and investment strategy will be reviewed by City Council annually. The City Council shall adopt a written rule, order, ordinance, or resolution stating that it has reviewed the Policy and investment strategy and shall record in the order, ordinance or resolution any changes made to either the Policy or investment strategy. Notification of Investment Changes or Defaults It shall be the duty of the City Manager (or his/her designee) to notify the City Council of any significant changes in current investment methods and procedures prior to their implementation and to immediately notify the City Council in the event of a default or nonpayment of any investment acquired with City funds. In addition, the City Council in its annual review of the Policy shall adopt any order, ordinance, or resolution establishing its annual review and record any changes to the Policy or investment strategies. 20003062.2 8 Compliance Audit The City, in conjunction with its annual financial audit, shall perform a compliance audit of management controls on investments and adherence to the Policy. V. INVESTMENT INSTRUMENTS Authorized Investment Instruments The City Manager (or his/her designee) shall use any or all of the following authorized investment instruments consistent with governing law: (1) Obligations, including letters of credit, of the United States or its agencies and instrumentalities; (2) Direct obligations of the State of Texas or its agencies and instrumentalities; (3) Collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency of instrumentality of the United States; (4) Other obligations, the principal of and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of the State of Texas or the United States or their respective agencies and instrumentalities; (5) Obligations of states, agencies, counties, cities, and other political subdivisions of any state having been rated as to investment quality by a nationally recognized investment rating firm and having received a rating of not less than A or its equivalent; (6) Certificates of deposit issued by a state or national bank domiciled in this State, a savings bank domiciled in this State or a state or federal credit union domiciled in this State that are (A) Guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; or (B) Secured by obligations that are described by subdivisions (1)-(6) of this subsection, including mortgage-backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the City; or 20003062.2 9 (C) Secured in any other manner and amount provided by law for deposits of the City; (7) Prime domestic bankers' acceptances if it (A) Has stated maturity of 270 days or fewer from the date of its issuance; (B) Will be, in accordance with its terms, liquidated in full at maturity; (C) Is eligible for collateral for borrowing from a Federal Reserve Bank; and (D) Is accepted by a bank organized and existing under the laws of the United States or any state, if the short-term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A-1 or P-1 or an equivalent rating by at least one nationally recognized credit rating agency; (8) Commercial paper if it (A) Has a stated maturity of 270 days or less from the date of its issuance; and (B) Is rated not less than A-1, P-1, or the equivalent by at least (1) Two nationally recognized credit rating agencies; or (2) One nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state thereof; (9) Fully collateralized direct repurchase agreements having a defined termination date, secured by obligations described by subdivision (1) of this subsection, pledged to the City, held in the City’s name, and deposited at the time the investment is made with a third party selected and approved by the City, and placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this State; (10) A guaranteed investment contract is an authorized investment for bond proceeds under the Act if the guaranteed investment contract (A) Has a defined termination date; 20003062.2 10 (B) Is secured by obligations described by subdivision (1) in an amount at least equal to the amount of bond proceeds invested under the contract; and (C) Is pledged to the City and deposited with the City or with a third party selected and approved by the City; and (11) Bond proceeds, other than bond proceeds representing reserves and funds maintained for debt service purposes, may not be invested under the Act in a guaranteed investment contract with a term of longer than five years from date of issuance of the bonds; to be eligible as an authorized investment (A) The City Council must specifically authorize guaranteed investment contracts as an eligible investment in the ordinance or resolution authorizing the issuance of bonds; (B) The City must receive bids from at least three separate providers with no material financial interest in the bonds from which proceeds were received; (C) The City must purchase the highest yielding guaranteed investment contract for which a qualifying bid is received; (D) The The price of the guaranteed investment contract must take into account the reasonably expected drawdown schedule for the bond proceeds to be invested; and (E) The provider must certify the administrative costs reasonably expected to be paid to third parties in connection with the guaranteed investment contract. In addition to the investments described by items (1) -(11) above, the City may invest funds under its control in eligible public funds investment pools as permitted under the Act. A public funds investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service or no lower than investment grade by at least one nationally recognized rating service with a weighted average maturity no greater than 90 days. In addition to the investments described by items (1) -(11) above, the City may, in accordance with the Act, purchase, sell, and invest funds, after receiving a prospectus and other information required by the SEC, under its control in an SEC-regulated, no-load money market mutual fund with a dollar-weighted average stated maturity of 90 days or less and whose investment objectives include seeking to maintain a stable net asset value of $1 per share or a no-load mutual fund which is registered with the SEC, has an average weighted maturity of less than 20003062.2 11 two years, is invested exclusively in obligations approved by the Act, is continuously rated as investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent and conforms to the requirements set forth in Sections 2256.016(b) and (c) of the Act relating to the eligibility of investment pools to receive and invest funds of the City. The City shall not (i) invest in the aggregate more than 15% of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service in mutual funds as described by the Act; (ii) invest any portion of bond proceeds, reserves and funds held for debt service, in mutual finds described by the Act; or (iii) invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service in any one mutual fund described by the Act in an amount that exceeds 10% of the total assets of the mutual fund. VI. INVESTMENT INSTITUTIONS Investment Institutions Defined The City Manager (or his/her designee) shall invest City funds with any or all of the following institutions or groups consistent with federal and state law and the current depository bank contract: (1) The City’s Depository bank; (2) Other state or national banks domiciled in Texas that are insured by FDIC; (3) Savings and loan associations domiciled in Texas that are insured by FDIC; (4) Public funds investment pool; or (5) Government securities brokers and dealers acceptable to the City. Selection of Bank and Securities Dealers All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must be given a copy of the Policy and must supply the City Manager (or his/her designee) with the information specified below. First, a broker/dealer must submit audited financial statements for the financial institution or broker/dealer. Second, a broker/dealer must provide evidence of appropriate registration by the qualified representative of the business organization as such terms are defined in the Act. For bank dealers, this requires a statement from a senior bank official that the bank dealer is appropriately registered with its primary regulatory agency (the Office of the Comptroller of the Currency for National Banks) as a government securities dealer, municipal securities dealer, or both. For a securities firm, this requires a statement from a senior official that the firm is registered with the National Association of Securities Dealers. Third, a broker/dealer must provide a completed Broker/Dealer questionnaire furnished by the City Manager (or his/her designee). Finally, a broker/dealer must deliver a written statement, acceptable to the City, by the qualified representative, offering to engage in an investment transaction with the City, that they have 20003062.2 12 received and thoroughly reviewed the Policy and acknowledged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the City and the business organization that are not authorized by this Policy and other investment policies, except to the extent that this authorization is dependent on an analysis of the makeup of the City's entire portfolio or requires an interpretation of subjective investment standards. The City Manager (or his/her designee) will recommend both primary and secondary securities dealers to the City Council for final approval. The City Manager (or his/her designee) may not acquire or otherwise obtain any authorized investment described in this Policy from a person who has not delivered to the City the written statement required in this section. The City Council or the designated Investment Advisory Committee member shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. VII. INVESTMENT COLLATERAL AND SAFEKEEPING Collateral or Insurance for Deposits The City Manager (or his/her designee) shall ensure that all deposited and invested City funds are, to the extent required, fully collateralized or insured consistent with federal and state law and the current bank depository contract in one or more of the following manners: (1) FDIC insurance coverage; (2) Obligations of the United States or its agencies and instrumentalities; (3) Direct obligations of the State of Texas or its agencies; (4) Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State of Texas or the United States or its agencies and instrumentalities; or (5) Any other manner allowed by law. Safekeeping All purchased securities shall be held in safekeeping by the City, or a City account in a third party financial institution, or with a Federal Reserve Bank. All certificates of deposit, insured by FDIC, purchased outside the depository bank shall be held in safekeeping by either the City or a City account in a third party financial institution. All pledged securities by the depository bank shall be held in safekeeping by the City, or a City account in a third party financial institution, or with a Federal Reserve Bank. 20003062.2 13 20003062.2 14 All certificates of deposit, pledged by the depository bank shall be held in custody of a Federal Reserve Bank for safekeeping, be the subject of a valid pledge agreement designating the City as the beneficiary of the pledge agreement; be insured by the FDIC; be described in detail by a safekeeping receipt issued to the City by the Federal Reserve Bank having custody of the certificates; and be issued with the City as registered owner. Delivery vs. Payment It will be the policy of the City that all transactions, except investment pool funds and mutual funds, shall be purchased using the delivery vs. payment method through the Federal Reserve System. By so doing, City funds are not released until the City has received, through the Federal Reserve wire, the securities purchased. Adopted: April, 2002 Reviewed: May 20, 2003 and adopted April 28, , 2004 March 9, 2005 and adopted Oct 17, 2006 and adopted Oct 23, 2007 and adopted May 19, 2009 and adopted September 7, Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: September 7, 2010 Department: City Attorney Subject: Ordinance No. 10-M-27 -Regular City Council Meetings (First reading) BACKGROUND Section 4.09(a) of the City Charter provides in part that the “City Council shall meet at least once each month at a time and place prescribed by ordinance.” Ordinance No. 10-M-04 adopted on March 16, 2010 set the City Council’s current meeting policy as to regular meeting days, times, and places. Ordinance No. 10-M-27 amends Ordinance No. 10-M-04 solely to change the regular meeting time of City Council to 5:30 p.m. FISCAL IMPACT None. RECOMMENDATION Adoption of Ordinance No. 10-M-27 on first reading ATTACHMENT Ordinance No. 10-M-27 CCM Ordn 10-M-27.doc ORDINANCE NO. 10-M-27 ESTABLISHING THE TIME OF CITY COUNCIL MEETINGS; PROVIDING AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. WHEREAS, Section 4.09(a) of the City Charter of the City of Schertz, Texas (the “City”) provides in part that the “City Council shall meet at least once each month at a time and place prescribed by ordinance”; WHEREAS, Ordinance No. 10-M-04 codified in Section 2-2(a) of the City’s Code of Ordinances, sets the days, times, and places of regular meetings of the City Council; and WHEREAS, this Ordinance changes the time of regular meetings of the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Time and Place of Regular Council Meetings. Section 2-2(a) of the Code of Ordinances is hereby amended to read as follows: “(a) Regular meetings of the city council shall be held on each of the first four Tuesdays of each month, provided that the city council by motion or resolution resolution or the City Manager in consultation with the Mayor may cancel any such regular meeting due to conflicting events or meetings or lack of need for a meeting so long as at least one regular meeting of city council is conducted each month. Regular meetings of the city council shall commence at 5:30 p.m. Regular meetings of the city council shall be held at the city council chambers, 1400 Schertz Parkway in the City of Schertz, provided that from time to time a regular meeting of the city council may be conducted in joint session with another governmental body commencing at a different time and/or at another location in the City of Schertz as designated by posted written notice of the city secretary.” Section 2. Effective Date. This Ordinance shall be effective thirty days after the date of its final adoption, and any publication required by law. Section 3. Conflicting Ordinances and Resolutions. All other ordinances and resolutions and parts of ordinances and resolutions in conflict with this Ordinance are hereby repealed. Approved on first reading the 7th day of September, 2010. PASSED, APPROVED, and ADOPTED the ____ day of __________, 2010. Mayor, City of Schertz, Texas (Seal of City) ATTEST: _______________________________ City Secretary, City of Schertz, Texas Ordinance 10-M-27.doc Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: September 7, 2010 Department: Administration/Finance Subject: Resolution No. 10-R-54 – Amending and replacing Resolution No. 10-R-52 and amending Appendix C of the Code of Ordinances – Fee Schedule BACKGROUND City Manager Don Taylor requested that this item be placed back on this agenda and is recommending Council reconsider the In City Water Deposit amount of $75.00 and the Out of City amount to $125.00. RECOMMENDATION Staff recommends that the City Council approve Resolution No. 10-R-54, amending Appendix C of the Code of Ordinances, fee schedule to revise the water deposit for in city service rate to $75.00 and out of city service rate to $125.00 and replacing Resolution No. 10-R-52. ATTACHMENTS Resolution No. 10-R-54 Fee Schedule (Exhibit “A”) RESOLUTION NO. 10-R-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, REPEALING RESOLUTION NO. 10-R-54 AMENDING THE FEE SCHEDULE OF APPENDIX C OF THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS. WHEREAS, Ordinance No. 08-M-43 (“the Ordinance”) governs the fees charged by the City for goods and services provided; and WHEREAS, Section 1 of Ordinance No. 08-M-43 specifies that Exhibit “A” to the Ordinance may be amended by a resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I. The schedule attached to this resolution, hereinafter known, as Exhibit “A” shall establish the fees to be charged for the City goods and services named in the attachment. SECTION II. Appendix C of the Code of Ordinances, City of Schertz, Texas is hereby amended to read as shown in the attached and incorporated Exhibit “A” hereto. SECTION III. This resolution amends and replaces Resolution No. 10-R-52, adopted on August 31, 2010. SECTION IV. This resolution shall be effective for all services rendered and products sold effective October 1, 2010. APPROVED this 7th day of September, 2010. _______________________ Hal Baldwin Mayor Attest: ________________________ Brenda Dennis, TRMC, CMC City Secretary City of Schertz Schedule of Fees Summary of Changes 2009-10 2010-11 Library Books per day -Adult $ 0 .25 delete Books per day -Child $ 0 .10 delete All Books per day N/A $ 0 .25 Audio cassettes per day $ 0 .10 $ 0 .25 DVDs, CDs, Videos per day $ 1 .00 $ 0 .25 Community & Civic Centers Civic Center -Grand Ballroom Approved Setup Kit N/A $ 35.00 Capital Recovery Fee, per person N/A $ 1.00 Civic Center Cut-Off Hall (Larger portion of Ballroom -4,172 sq ft) Monday through Thursday, per day N/A $ 325.00 Monday through Thursday, half day N/A $ 250.00 Friday and Saturday, per day N/A $ 1,200.00 Sunday, per day N/A $ 500.00 Sunday, half day N/A $ 325.00 Approved Setup Kit N/A $ 35.00 Capital Recovery Fee, per person N/A $ 1.00 Civic Center Conference Hall (Smaller portion of Ballroom -3,026 sq ft) Monday through Thursday, per day N/A $ 250.00 Monday through Thursday, half day N/A $ 175.00 Sunday, per day N/A $ 400.00 Sunday, half day N/A $ 250.00 Audiovisual Access N/A $ 25.00 Approved Setup Kit N/A $ 35.00 Capital Capital Recovery Fee, per person N/A $ 1.00 Not Available on Friday and Saturday Civic Center -Bluebonnet Hall Audiovisual Access N/A $ 25.00 Approved Setup Kit N/A $ 35.00 Capital Recovery Fee, per person N/A $ 1.00 Community Center North-3501 Morning Dr (2,006 sq ft) Monday-Thursday, all day $ 125.00 $ 150.00 Monday-Thursday, half day $ 75.00 $ 100.00 Approved Setup Kit N/A $ 35.00 1 City of Schertz Schedule of Fees Summary of Changes 2009-10 2010-11 Community Center Central -(Moved from Parks) Monday-Thursday, per day (removed per hour option) $20/hour $ 1 50.00 Monday -Thursday, half day N/A $ 1 00.00 Friday-Saturday, per day $ 200.00 $ 4 00.00 Sunday, per day N/A $ 2 50.00 Sunday, half day N/A $ 1 50.00 Stage $ 50.00 $ 1 00.00 Damage/Cancellation Deposit $ 100.00 $ 2 00.00 Approved Setup Kit N/A $ 35.00 Parks and Recreation All Pavilions Monday-Thursday 50% discount on rental rates, except holidays $25 to $150 Electricity (1st 3 hours) $ 8.00 delete Electricity (each additional hour) $ 2.00 delete Animal Services Quarantine Fee Plus Daily Charge per animal for boarding $ 8.00 $ 10.00 Marshal Services City Code Violation Court Fee N/A $10.00 Inspections Plumbing Contractor (Annually) $ 6 0.00 N/C Administrative Fee for Cancellation of Permit, plus Plan Review Fee if applicable 10% of permit fee Water Deposit In City $ 60.00 $ 75.00 Out of City $ 90.00 $ 125.00 Garbage Collection Fees Class I: Residential, Single Family, per month $ 10.81 $ 11.08 Recycling Fee, per month/container $ 1.25 $ 1.87 Business Office 2 Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: September 7, 2010 Department: TSAC/Parks and Recreation Board Subject: Boards and Commissions Resignations/Appointments/reappointments BACKGROUND The City Council will consider action regarding the reappointment/appointment for TSAC and Parks and Recreation Board. FISCAL IMPACT None RECOMMENDATION It is recommended that the City Council appoint Byron Sanderfer to the Transportation Safety Advisory Commission (TSAC) to fill an expired term ending December 2012 and appoint Patrick Russell to the Parks and Recreation Advisory Board to fill an expired term ending October 2011. ATTACHMENTS: Interview Committee recommendation of letter 1400 SCHERTZ PARKWAY SCHERTZ, TEXAS 78154-1634 (210) 619-1040 FAX (210) 619-1039 September 2, 2010 City of Schertz Councilmembers 1400 Schertz Parkway Schertz TX 78154 Re: Recommendation Regarding Reappointment/Appointment to Board and Commissions The Interview Committee conducted interviews on September 2, 2010 and the following is the board recommendations for appointments: Transportation Safety Advisory Committee: Byron Sanderfer to an alternate position to fill an expired term ending December 2012. Park & Recreation Advisory Board: Patrick Russell to an alternate position to fill an expired term ending October 2011 It is by unanimous decision that the Committee recommends the appointment of the above mentioned to the boards/commissions.