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11-18-2013 Agenda with Backup MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL November 18, 2013, 7:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 AGENDA MONDAY, NOVEMBER 18, 2013 AT 7:00 P.M. Please note that the meeting starts at 7:00 p.m. Call to Order – Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Pro-Tem Fowler) Resolution No. 13-R-99 1.Î Consideration and/or action approving a resolution approving the Canvass of the November 5, 2013 Returns and Declaring the Results of the Election; and other matters in connection therewith (Mayor Carpenter/B. Dennis) 1A. Oath of Office Î (B. Dennis) A.Newly Elected Officers Î Oath of Office administered to Daryl John Place 3, Cedric Edwards Place 4, and Matthew Duke Place 5. (B. Dennis) B.Certificate of Election Î Presentation of Certificate of Election. (Mayor Carpenter) Presentations Presentation and update on the City of Schertz Capital Improvement Projects (J. Kessel/P. Gaudreau) City Events and Announcements Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to 3 no more than minutes. 11-18-2013 Council Agenda All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered to be self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. Minutes 2. - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of November 12, 2013. (J. Kessel/B. Dennis) Resolution No. 13-R-96 3. Î Consideration and/or action approving a Resolution authorizing an amended Professional Services Agreement with Jackson A&E Associates, Inc., and other matters in connection therewith. (J. Kessel/B. James) Schertz-Seguin Local Government Corporation Council Ex-Officio Liaison 4. Member Î Consideration and/or action regarding the appointment of Councilmember David Scagliola to serve as an Ex-Officio Member on the Schertz-Seguin Local Government Corporation Board. (J. Bierschwale/J. Bierschwale) Discussion and Action Items Ordinance No. 13-T-56 5. Î Consideration and/or approving an Ordinance authorizing a budget adjustment to establish additional expenditures in the FY 2013-14 Budget items related to the Commercial Place Properties Rehabilitation, Improvement, and Upgrade projects which will be funded through rental revenue and sales of recyclable material; repealing all Ordinances or Parts of Ordinances in conflict with this First Reading Ordinance; and providing an effective date. (J. Bierschwale/S. Willoughby/C. Raleigh) Resolution No. 13-R-97 6. Î Consideration and/or action approving a Resolution authorizing an amendment to the Fee Schedule of the City of Schertz Texas, to reflect the actual Cibolo Creek Municipal Authority Wastewater Treatment Rates for FY 2013-14. (J. Bierschwale/S. Willoughby) Ordinance No. 13-T-57 7. Î Consideration and/or action approving an Ordinance authorizing a budget adjustment in the amount of $135,086 from the Water Construction funds for the relocation of the 16-inch high pressure reuse waterline owned and operated by the Cibolo Creek Municipal Authority that is located in the future planned extension of Live Oak Road to the new 25-foot easement owned by 11-18-2013 City Council AgendaPage- 2 - Cibolo Creek Municipal Authority; repealing all Ordinances or Parts of Ordinances in First Reading conflict with the Ordinance; and providing an effective date. (J. Bierschwale/J. Hooks) Roll Call Vote Confirmation Requests and Announcements 8. Announcements by City Manager Citizen Kudos Recognition of City employee actions New Departmental initiatives 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. 11. Announcements by Mayor and Councilmembers City and community events attended and to be attended City Council Committee and Liaison Assignments (see assignments below) Continuing education events attended and to be attended Recognition of actions by City employees Recognition of actions by community volunteers Upcoming City Council agenda items Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; and Consultations with the City Attorney regarding advice on legal matters; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Reconvene into Regular Session 12. Take any actiondeemed necessary as a result of the Executive Session. Adjournment 11-18-2013 City Council AgendaPage- 3 - 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 15th DAY OF NOVEMBER 2013 AT 2:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis Brenda Dennis CPM, TRMC, MMC, City Secretary I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2013. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available.If you require special assistance or have a request for sign interpretative services or other services please call 210 619-1030 at least 24 hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor CarpenterMayor Pro-Tem Fowler – Place 1 Audit Committee Interview Committee for Boards and Commissions Hal Baldwin Scholarship Committee Schertz Housing Board Liaison Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Councilmember Scagliola – Place 2Councilmember Antuna - Place 3 Animal Control Advisory Committee ASA Commuter Rail District Board Î Lone Star Cibolo Valley Local Government Corporation Randolph Joint Land Use Study (JLUS) Executive Interview Committee for Boards and Commissions Committee Sweetheart Advisory Committee Schertz Seguin Local Government Corporation Councilmember Edwards – Place 4Councilmember – Verinder – Place 5 Audit CommitteeAudit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee 11-18-2013 City Council AgendaPage- 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: November 18, 2013 Department: City Secretary Subject:Resolution No. 13-R-99– Canvass of the th November 5 Election BACKGROUND Consideration and or action to approve Resolution No. 13-R-99 of the City Council of the City of Schertz, Texas approving the canvass of the November 5, 2013 General Election. FISCAL IMPACT None RECOMMENDATION Approve Resolution No. 13-R-99, declaring the winners. ATTACHMENTS Resolution No. 13-R-99 RESOLUTION NO. 13-R-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING THE CANVASS OF THE NOVEMBER 5, 2013 GENERAL ELECTION RESULTS. th WHEREAS, an election was duly held in the City of Schertz, Texas, on the 5 day of November, 2013 to elect Councilmembers for Places 3, 4, and 5; and WHEREAS, the administrators of the election has provided to the City, as required by applicable Texas law, the election results, as tabulated by the Administrators on the night of the election; and WHEREAS , as required by applicable Texas law, Mayor Carpenter and the City Council duly th canvassed the results of the election on this the 18 day of November, 2013; and WHEREAS , as a result of the canvass, the reported votes establish the following results: Bexar Bexar ComalComalGuadalupe Guadalupe County County County County County County Total EVEDEVEDEVEDVotes Place 3 1168 Daryl John 2010152602519 Bert Crawford 15141735634311043 Place 4 Grumpy Azzoz 11122026024701117 Cedric Edwards 24141826055291192 Place 5 1181 Matthew Duke 2215183614509 Richard Dziewit 119151512420968 TOTAL1037410313349828786669 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I The City Council finds that the results of the general election as set forth above reflect the reported votes, and the canvass of votes is hereby approved. SECTION II 37042965 The total of votes cast during early voting was by personal appearance, and 6669 votes were cast on Election Day. The total number of votes cast in this election was . SECTION III Daryl John Is hereby declared elected to the Office of Councilmember Place 3. Cedric Edwards Is hereby declared elected to the Office of Councilmember Place 4. Matthew Duke Is hereby declared elected to the Office of Councilmember Place 5. PASSED, APPROVED AND ADOPTED this 18th day of November, 2013. ___________________________ Michael R. Carpenter, Mayor Attest: __________________________________ Brenda Dennis, City Secretary Page2 In the name and by the authority of The State of Texas OATH OF OFFICE I Daryl John, do solemnly swear (or affirm), that I will faithfully execute the duties of Council Member Place 3, City of Schertz, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. ___________________________________ Affiant SWORN TO and subscribed before me by affiant on the 18th day of November 2013. ______________________________________ Signature of Person Administering Oath ____________________________________ (Seal) Printed Name ____________________________________ Title Form #2204 In the name and by the authority of The State of Texas OATH OF OFFICE I Cedric Edwards, do solemnly swear (or affirm), that I will faithfully execute the duties of Council Member Place 4, City of Schertz, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. ___________________________________ Affiant SWORN TO and subscribed before me by affiant on the 18th day of November 2013. ______________________________________ Signature of Person Administering Oath ____________________________________ (Seal) Printed Name ____________________________________ Title Form #2204 In the name and by the authority of The State of Texas OATH OF OFFICE I Matthew Duke, do solemnly swear (or affirm), that I will faithfully execute the duties of Council Member Place 5, City of Schertz, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. ___________________________________ Affiant SWORN TO and subscribed before me by affiant on the 18th day of November 2013. ______________________________________ Signature of Person Administering Oath ____________________________________ (Seal) Printed Name ____________________________________ Title Form #2204 In the name and by the authority of The State of Texas THIS IS TO CERTIFY, that at a general election held on November 5, 2013 Cedric Edwards Was duly elected Council Place 4 In testimony whereof, I have hereunto s igned my name and caused the Seal of Schertz to be affixed at the City of Schertz, this 18th day of November 2013. Michael R. Carpenter, Mayor In the name and by the authority of The State of Texas THIS IS TO CERTIFY that at a general election held on November 5, 2013 Daryl John Was duly elected Council Place 3 In testimony whereof, I have hereunto s igned my name and caused the Seal of Schertz to be affixed at the City of Schertz, this 18th day of November 2013. Michael R. Carpenter, Mayor In the name and by the authority of The State of Texas THIS IS TO CERTIFY that at a general election held on November 5, 2013 Matthew Duke Was duly elected Council Place 5 In testimony whereof, I have hereunto s igned my name and caused the Seal of Schertz to be affixed at the City of Schertz, this 18th day of November 2013. Michael R. Carpenter, Mayor Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: November 18, 2013 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a Regular meeting on November 12, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes ofthe Regular meeting of November 12, 2013. ATTACHMENT Minutes – Regular meeting November 12, 2013. MINUTES REGULAR MEETING November 12, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 12, 2013, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Michael Carpenter Mayor Pro-Tem Jim Fowler Councilmember David Scagliola Councilmember George Antuna Councilmember Sydney Verinder Staff Present: City Manager John Kessel Executive Director John Bierschwale Executive Director David Harris Executive Director Brian James City Attorney Katherine Tapley City Secretary Brenda Dennis Deputy City Secretary Donna Schmoekel Councilmember Cedric Edwards was absent. CALL TO ORDER: Mayor Carpenter called the Regular Meeting to order at 6:00 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND THE STATE OF TEXAS. Brother Butch Ikels from the Country Church, Marion, TX, provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director of Support David Harris who provided the following announcements and upcoming events: -Thursday, November 14, 2013 – Community Volunteer Banquet & Steve Simonson Award – 6:30 p.m. Schertz Civic Center -Thursday, November 14, 2013 – Northeast partnership Meeting – 11:30 a.m. Olympia Hills Golf and Conference Center -Friday, November 15, 2013 – Chamber of Commerce Business Appreciation Banquet – 6:00 p.m. Schertz Civic Center -Monday, November 18, 2013 – Will be the next regular scheduled Council meeting which will accommodate the legal requirement of conducting the canvassing of the election results. -Friday, November 22, 2013 – Guadalupe County Master Gardner’s Appreciation Day Celebration – County Annex, 1101 Elbel Road behind the building at 11:00 a.m. 11-12-2013 Minutes Page- 1 - -Friday, December 6, 2013 – Festival of Angels – 6:00 to 10:00 p.m. – Hal Baldwin Municipal Complex. Lighted Night Parade begins at 6:30 p.m. from Pickrell Park. Musical entertainment provided. Announcements and recognitions by City Manager (J. Kessel) No announcements at this time. Hearing of Residents: This time is set aside for any person who wishes to address the City Council. Each person should fill 3 out the speaker’s register prior to the meeting. Presentations should be limited to no more than minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. No one spoke. Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; and Consultations with the City Attorney regarding advice on legal matters; Mayor Carpenter recessed the regular meeting into executive session at 6:06 p.m. Reconvene into Regular Session Mayor Carpenter reconvened the meeting at 6:55 p.m. and moved back to the regular agenda. Mayor Carpenter recognized Mayor Pro-Tem Fowler who requested that Item 2 be removed for separate action. Consent Agenda Items Minutes 1. - Consideration and/or action regarding the approval of the minutes of the Regular meeting of November 5, 2013. (J. Kessel/B. Dennis) 11-12-2013 Minutes Page- 2 - Resolution No. 13-R-91 3.– Consideration and/or action approving a Resolution authorizing a Memorandum of Understanding with the City of Cibolo regarding the construction and financial responsibilities of the Southern Schertz Wastewater Reclamation Plant, and others matters in connection therewith. (J. Bierschwale/J. Bierschwale) The following was read into record: RESOLUTION NO. 13-R-91 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF CIBOLO REGARDING THE CONSTRUCITON AND FINANCIAL RESPONSIBILITIES OF THE SOUTHERN SCHERTZ WASTEWATER RECLAMATION PLANT, AND OTHER MATTERS IN CONNECTION THEREWITH Resolution No. 13-R-94 4. – Consideration and/or action approving a Resolution authorizing a modification to the existing construction contract with D. Wilson Construction Company, Inc. for the construction of three baseball fields, an equipment storage building and associated support systems and other matters in connection therewith. (B. James/P. Gaudreau) The following was read into record: RESOLUTION NO. 13-R-94 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MODIFICATION TO THE EXISTING CONSTRUCTION CONTRACT FOR THE CONSTRUCTION OF THREE BASEBALL FIELDS, AN EQUIPMENT STORAGE BUILDING AND ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Mayor Pro-Tem Fowler who moved, seconded by The vote was Councilmember Scagliola, to approve consent agenda items 1, 3 and 4. unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, and Verinder voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried. Discussion and Action Items Resolution No. 13-R-90 2. – Consideration and/or action approving a Resolution authorizing the execution of a Master Lease purchase Agreement between the City of Schertz, Texas and U.S. Bank Equipment Finance, a Division of U.S. Bank National Association for the purchase of various equipment items and to pay the costs of financing; authorizing certain City Officials and City Staff to execute documents to effectuate each installment delivery of the equipment; and enacting other provisions incident and related to the subject and purpose of this Resolution. (J. Bierschwale/D. Wait) The following was read into record: 11-12-2013 Minutes Page- 3 - RESOLUTION NO. 13-R-90 A RESOLUTION AUTHORIZING THE EXECUTION OF A MASTER LEASE PURCHASE AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND U.S. BANK EQUIPMENT FINANCE, A DIVISION OF U.S. BANK NATIONAL ASSOCIATION FOR THE PURCHASE OF VARIOUS EQUIPMENT ITEMS AND TO PAY THE COSTS OF FINANCING; AUTHORIZING CERTAIN CITY OFFICIALS AND CITY STAFF TO EXECUTE DOCUMENTS TO EFFECTUATE EACH INSTALLMENT DELIVERY OF THE EQUIPMENT; AND ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND PURPOSE OF THIS RESOLUTION Mayor Carpenter recognized EMS Director Dudley Wait who introduced this item answering questions from Council. Mr. Wait stated that our current devices, the LifePak 12, have been in service for over eleven years and have performed flawlessly. Unfortunately, these devices have exceeded their life span of ten years and due to technology changes and medical advancements; they will no longer be supported by Physio Control within the next eighteen months. The most up-to-date device is now the LifePak 15. Physio Control has provided a quote that includes the opportunity to lease/purchase these units. This lease agreement has a finance rate of 0% and will last sixty months. Although the life span of these new monitors will be ten years, this lease will allow us to re-evaluate where technology and patient care is in five years at the expiration of the lease and then to make a decision to keep them for five additional years or make a decision to replace them at the conclusion of the lease. This plan covers on-site maintenance and repair, an annual service call to re-calibrate and test each device and replacement batteries as needed. By purchasing five years of this plan at the time of service, we get the annual inspection service call during year one where each device is covered by warranty and then five full years of the plan after the warranty expires. By purchasing the entire plan up front, we save $150 per year per device and are insulated from any price increases in service plans throughout the first six years of the monitor’s life. Mr. Wait stated the annual fiscal impact for each lease year will be $69,540.84. At the end of the five year lease, the City can purchase the devices for $1. The amount for FY 2014 will be $69,890.84 due to a $350 closing fee cost on the lease. The FY 2014 EMS Budget includes a budgeted amount of $70,000 for this first year. In addition, the lease documents provide an out clause that terminates the lease if these funds are not appropriated at any time in the future for the life of the lease. Staff recommends approval. Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Mayor Pro- The vote was unanimous with Mayor Pro- Tem Fowler, to approve Resolution No. 13-R-90. Tem Fowler, Councilmembers Scagliola, Antuna, and Verinder voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried. Appointments/Reappointments and Resignations to City Boards, Commissions, 5. Committees – Consideration and/or action regarding appointments/reappointments and resignations to City Boards, Commissions, and Committees. (J. Kessel/B. Dennis) 11-12-2013 Minutes Page- 4 - Appointment of Ms. Janice Manzo – Alternate No. 2 to Library Board Mayor Carpenter stated the Library Board currently has one Alternate Member vacancy. Mayor Carpenter recognized Ms. Janice Munzo who came forward introducing herself expressing her desire to serve on the board. Mayor Carpenter recognized Mayor Pro-Tem Fowler who moved, seconded by Councilmember Antuna, to appoint Ms. Janice Munzo as Alternate Member No. 2 to the The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Library Board. Scagliola, Antuna, and Verinder voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried. November 18, 2013 City Council Meeting 6. – Consideration and/or action moving the Regular City Council meeting of November 19, 2013, to Monday, November 18, 2013. (Mayor & Council) Mayor Carpenter stated that as required by State Law the last day to canvass the results of the November 5, 2013 election is November 18, 2013. He stated the City Council‘s next regular meeting is scheduled for November 19, 2013. The City must canvass the November 5, 2013 election results no later than November 18, 2013, which is on a Monday. It is recommended scheduling the next City Council meeting on Monday, November 18, 2013 to accommodate the canvassing requirement and hold its regular meeting at that time. Mayor Carpenter recognized Councilmember Scagliola who requested that the meeting start at 7:00 p.m. which would allow him to be present. Council concurred. Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Councilmember Verinder, to cancel the Tuesday, November 19, 2013 City Council meeting The vote was unanimous with and move it to Monday, November 18, 2013 at 7:00 p.m.. Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, and Verinder voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried. Resolution No. 13-R-95 7. – Consideration and/or action approving a Resolution authorizing a contract with San Antonio Constructors, Ltd. relating to the Northcliffe Subdivision waterline upgrade and relocation project and authorizing the budget expenditures for the project and other matters in connection therewith.(J. Bierschwale/S. Willoughby) RESOLUTION NO. 13-R-95 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH SAN ANTONIO CONSTRUCTORS, LTD. RELATING TO THE NORTHCLIFFE SUBDIVISION WATERLINE UPGRADE AND RELOCATION PROJECT AND AUTHORIZING THE BUDGET EXPENDITURES FOR THE PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Engineer-In-Training Larry Busch who introduced this item answering questions from Council. Mr. Busch stated the existing asbestos cement water mains in the Northcliffe Subdivision are experiencing a large number of breaks due to the 11-12-2013 Minutes Page- 5 - ground shifting causing interruption of service to the residents in this area. The impact to the City includes crew resources and overtime costs, damaged streets, sidewalks, and driveway aprons and loss of purchased water. Replacement of these sections of waterline is high priority based on the frequency of waterline breaks and the impact on area residents from interrupted water service. Ten (10) bids were received on this project on October 24, 2013 and after reviewing all bids, San Antonio Constructors, LTD was the low bidder with a bid of $623,526.75. The goal is to award a bid to San Antonio Constructors, LTD to relocate multiple sections of waterlines to upgrade the existing line and alleviate the issues associated with the frequency of waterline breaks. When completed, water mains and water meters will be replaced and upgraded on the following streets as outlined in Exhibit B: Crestwood Dr., Tiffany Ln., Brookhead Ln., Northern Heights Dr., Meadowhead Dr., Castle Hills Dr., Sherwin Dr., and Angels Dr. Upgrade of waterlines in the area avoids interrupted water service caused by main breaks. Staff recommends Council approve Resolution 13-R-95 and award the bid for the Northcliffe Waterline Relocation and Upgrade Project to San Antonio Constructors, LTD. for the base bid of $623,526.75 with a not to exceed amount of $685,879. Project to be paid for from the FY 2013-14 Budget for the Northcliffe Waterline Relocation Project. The Public Works Department budgeted $800,000 for this phase of the project. Staff recommends approval. Mayor Carpenter recognized Mayor Pro-Tem Fowler who moved, seconded by The vote was unanimous Councilmember Scagliola, to approve Resolution No. 13-R-95. with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, and Verinder voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried. Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; and Consultations with the City Attorney regarding advice on legal matters; Section 551.074 Texas Government Code – Deliberation regarding personnel matters and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Attorney. Mayor Carpenter recessed the regular meeting into executive session at 7:11 p.m. Reconvene into Regular Session Mayor Carpenter reconvened the meeting at 7:50 p.m., and moved to Item 8. Appointment of a City Attorney 8. – Consideration, discussion, and/or action regarding appointment of a City Attorney and Bond Counsel. (Council) 11-12-2013 Minutes Page- 6 - Norton Rose Fulbright Denton, Navarro, Rocha & Bernal Mayor Carpenter recognized Councilmember Antuna who moved, seconded by Councilmember Verinder to make Charles E. Zech our new City Attorney Effective January 7, 2014 and direct the City Manager to get a letter of engagement from Denton, Navarro, Rocha The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers & Bernal. Scagliola, Antuna, and Verinder voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried. Mayor Carpenter recognized Councilmember Antuna who moved, seconded by Councilmember Scagliola to direct the City Manager to get a letter of engagement from Norton The vote was unanimous with Rose Fulbright as our bond counsel on a as-directed bases. Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, and Verinder voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 8. Requests and Announcements 9. Announcements by City Manager Citizen Kudos Recognition of City employee actions Mayor Carpenter recognized City Manager John Kessel who again commended City Secretary Brenda Dennis and Executive Director of Support David Harris on the tremendous work they have been doing on the election process. He also wanted to include thanking City Attorney Katherine Tapley for her contributions to the election issues at hand. 10. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 11. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests made. 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 11-12-2013 Minutes Page- 7 - Recognition of actions by City employees Recognition of actions by community volunteers Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro-Tem Fowler who stated he agreed with Councilmember Antuna’s comments regarding the long standing work in the past by Norton Rose Fulbright Law Firm and especially City Attorney Katherine Tapley who has done an outstanding job for the City. He wanted her to know that Economic Development Director David Gwin very much appreciated her assistance to him in on past projects. Councilmember Antuna welcomed Mr. Charles Zech of Denton, Navarro, Rocha & Bernal, as the new City Attorney. Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following: Thursday, November 7, 2013 – Chamber Mixer – Interstate Battery –Selma at the Forum, 5:30 p.m.-7:00 p.m. Mayor Carpenter recognized Councilmember Antuna who welcomed incoming City Attorney Charles Zech and also thanked outgoing City Attorney Katherine Tapley for her past contributions to the City of Schertz. Mayor Carpenter recognized Councilmember Verinder who also extended his appreciation to Katherine Tapley of Norton Rose Fulbright regarding their services as the City Attorney and welcomed Charles Zech of Denton, Navarro, Rocha & Bernal, as the new City Attorney. Yesterday was Veterans Day and he hoped everyone observed activities around the city or enjoyed private time as he did with two members of his own family who are actively serving our country. Mayor Carpenter also expressed appreciation to City Attorney Katherine Tapley for her individual contributions and stated the things we have recently experienced regarding the Comal county elections issues have been novel and he especially appreciated her help in that area. He also welcomed incoming City Attorney Mr. Charles Zech. 13. Take any actiondeemed necessary as a result of the Executive Session. No further action was taken. Adjournment As there was no further business, the meeting was adjourned at 8:06 p.m. __________________________________ Mayor, Michael R. Carpenter ATTEST: __________________________________ 11-12-2013 Minutes Page- 8 - City Secretary, Brenda Dennis 11-12-2013 Minutes Page- 9 - Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: November 18, 2013 Department: City Manager Subject: Resolution 13-R-96- Consideration and/or action approving a resolution extending the professional services agreement with Jackson A&E Associates, Inc. (J. Kessel/B. James) BACKGROUND On November 8, 2011 the City entered into a contract for owner’s representative services with Jackson A&E Associates, Inc., to provide third party owner’s representative services for the multiple Capital Improvement Projects which are currently in design, out to bid and under construction. These include the playscape, soccer complex, baseball complex, Animal Adoption Facility, and Aquatics Facility. The initial term of the agreement was for 12 months and was extended on November 18, 2012. This resolution extends the agreement for up to another 12 months. Goal: Enhance the design process by developing uniform building standards, developing more expert project scope, identifying long term energy and maintenance opportunities, and enhancing early design review to achieve value engineering without additional cost to the design firm. Provide for significantly enhanced construction inspection and documentation services. These inspections include both code and quality inspections, extensive photo documentation of the project for future review, written notices of violations and follow up documentation, and review of change order requests for validity. Also, manage the warranty phase of the new facility to ensure the construction firm completes all needed warranty work in a timely and complete manner. Community Benefit Provide greater value to the community (community goals, quality of product, and more timely construction timetables), improved design, construction, and warranty work, increased leveraging leading to cost savings on major projects, and lower long term costs (warranty, maintenance, and operations). Summary of Recommended Action Staff recommends approval of Resolution No. 13-R-96 authorizing the City Manager to amend the contract with Jackson A&E Associates, Inc., to provide owner’s representative services to the City of Schertz. FISCAL IMPACT The fiscal impact of the agreement is described in attached amendment to the Professional Services Agreement which includes a maximum cost of services per month of $9,000. RECOMMENDATION: Approval of Resolution 13-R-96 authorizing the City Manager to amend the contract with Jackson A&E Services, Inc., to provide owner’s representative services for the City of Schertz. ATTACHMENT(S) Resolution 13-R-96 Amendment to the Professional Services Agreement RESOLUTION NO. 13-R-96 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDED PROFESSIONAL SERVICES AGREEMENT WITH JACKSON A&E ASSOCIATES, INC., AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the “City”) has determined that the City continues to require professional services relating to monitoring and managing the City’s numerous ongoing capital improvement projects on behalf of the City; and WHEREAS, City staff has determined that Jackson A&E Associates, Inc. is uniquely qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the contract with Jackson A&E Associates, Inc. pursuant to the Professional Services Agreement attached hereto as Exhibit A (the “Agreement”). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1.The City Council hereby authorizes the City Manager to execute and deliver the Amendment to the Agreement with Jackson A&E Associates, Inc. in substantially the form set forth on Exhibit A. Section 2.The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3.All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4.This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5.If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6.It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject 50448599.1 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. th PASSED AND ADOPTED, this 18 day of November, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50448599.1 EXHIBIT A AMENDED PROFESSIONAL SERVICES AGREEMENT A-1 50448599.1 City of Schertz, Texas Ï JA&E Proposal November 15, 2013 Multiple Projects Ï Schertz, Texas Page 1 of 15 November 15, 2013 Mr. John Kessel City Manager City of Schertz, Texas 1400 Schertz Parkway Building 2 Schertz, Texas 78154 RE: Proposal for OwnerÔs Representative Services Dear Mr. Kessel: Jackson A&E Associates, Inc. (JA&E) is pleased to submit this Proposal to perform OwnerÓs Representative Services for the City of Schertz, Texas. We appreciate the opportunity to provide our professional services and look forward to working with the City of Schertz staff. Presented below is our understanding of the proposed projects and the proposed scope of services, as well as, information about the potential project schedule, fee structure, terms and conditions and authorization documents. PROJECT INFORMATION The project consists of the provision of OwnerÔs Representative Services for tasks as directed by the City of Schertz (City), Texas to assist in the design and construction process for the Aquatic Center, Dog Park and Holding Facility and Soccer field renovations. The City will provide all information available regarding the project site and surrounding utilities, including any details regarding road and infrastructure improvements necessary. City of Schertz, Texas Ï JA&E Proposal November 15, 2013 Multiple Projects Ï Schertz, Texas Page 2 of 15 SCOPE OF SERVICES The Total Scope of Services for OwnerÔs Representation Services for the three projects is proposed to follow thru until the completion of the current projects and to provide assistance with the CityÔs Master Facility Plan. Additionally as time permits, work with City Staff to develop Master Specifications for the CityÔs future use EXCLUDED SCOPE ITEMS The following items are excluded from the Scope of Services: Coordination of the purchase and installation of furniture, fixtures and equipment and other direct purchase vendors Post construction control and administration Facilitation of formal partnering with the entire project team throughout the project Coordination of any required formal dispute resolution in concert with City Attorney Participation in the development and implementation of a project commissioning plan Move management ADDITIONAL SERVICES Additional services for this project may be added to the Scope of Services by written scope and an Agreement Amendment. SCHEDULE Jackson A&E Associates, Inc. can begin work on these projects upon receipt of your written acceptance of this proposal and understands that the desired time frame for project initiation is immediate. The total time frame anticipated to perform all phases of the Scope of Services is not known at this time. A contract amendment is anticipated at the appropriate point in the future. City of Schertz, Texas Ï JA&E Proposal November 15, 2013 Multiple Projects Ï Schertz, Texas Page 3 of 15 A secure office space and facility access will be provided by the City for JA&EÔs use and storage of project plans and documentation. PROFESSIONAL SERVICE FEES The fee for JA&EÔs professional services on the Projects as described in this proposal is based upon the information provided for the project, the Scope of Services only, the time frame anticipated, the referenced terms and conditions, and is $9,000.00 per month with a not to exceed value of $108,000.00 which does not include expenses. Travel to and from Schertz, lodging, automobile rental, meals and parking costs shall be reimbursed at the actual costs without markup. Reasonable telephone, postage and copying expenses are included. One color paper copy and one electronic copy (in PDF format) of all correspondence and reports are included. Other reimbursable expenses or direct costs attributable to the project required will be billed in addition to these with no markup. Professional Liability Insurance cost shall be billed at the actual cost plus ten percent. Any additional professional services required beyond this scope will be billed at the rate of $135.00 per hour. Professional services related to legal proceedings shall be billed at one and one-half times the scheduled rate. PAYMENTS City agrees to pay JA&EÔs invoice upon receipt. If payment is not received within 30 days from the CityÔs receipt of JA&EÔs invoice which is considered past due, City agrees to pay a service charge on the past due amount at the greater of 1% per month or the allowable legal rate, including reasonable attorneyÔs fees and expenses if collected through an attorney. After five days prior notice to City, JA&E may suspend services until paid on any project where payment of invoiced amounts not reasonably in dispute is not received by JA&E within 45 days of CityÔs receipt of JA&EÔs invoice. City receipt of invoice will be presumed one day after hand or email delivery. SUMMARY Jackson A&E Associates, Inc. understands your need for OwnerÔs Representative Services and is committed to providing you responsive, effective and timely City of Schertz, Texas Ï JA&E Proposal November 15, 2013 Multiple Projects Ï Schertz, Texas Page 4 of 15 consulting services on this project. To authorize this proposal, please return one signed copy of the Contract for our files. This proposal, with the attached Terms and Conditions, will constitute the agreement for this project Respectfully submitted, Jackson A&E Associates, Inc. City of Schertz, Texas Philip R Gaudreau, Assoc AIA, CSI John C Kessel, City Manager Managing Principal City of Schertz, Texas Ï JA&E Proposal November 15, 2013 Multiple Projects Ï Schertz, Texas Page 5 of 15 APPENDIX A SCOPE OF SERVICES OWNER REPRESENTATION SERVICES I.PROFESSIONAL SERVICES PROCUREMENT, PROGRAMMING AND MASTER PLANNING During the professional services procurement, we will: A.Participate in discussions with representatives of the City of Schertz to refine the scope of the project. B.Meet with the City regarding the selection of a Design Professional Team for the project and assist in the development of the Request for Qualifications (RFQ) for Architects / Engineers (A/E). C.Present the team recommendations for design services to the City Council for their review and approval. D.Assist in the negotiation and contract preparation with the Architect for these projects including defining the scope of work. E.We will assist in the appropriate consultant selection process, including quality control and construction materials testing. F.The need for specialty consultants will be evaluated for issues such as geotechnical engineers, cost estimators, acoustical concerns, audio visual needs, security, furniture and art, and then the consultants as needed will be selected. G.Participate in discussions regarding various construction delivery methods for the project and assist the project team in method selection. H.Prepare Requests for Proposals (RFP) for the construction delivery method chosen. City of Schertz, Texas Ï JA&E Proposal November 15, 2013 Multiple Projects Ï Schertz, Texas Page 6 of 15 I.Assist the City in evaluating the responses received from the RFP. J.Set up interviews, if necessary, and assist the City in the selection of the Construction Professionals. K.Present the team recommendations for Construction Professionals to the City Council for their review and approval. L.Assist in the negotiation and preparation of the contract for Construction Professionals. During the programming and master planning phase, we will: M.Meet with representatives of the City of Schertz and the Architect to continue to refine the scope of the project from a departmental inclusion, timing and priority approach. N.After determining the final programming criteria, we will assist in refining the project plan. O.Review and provide comments on previously commissioned studies and plans. P.Arrange and attend meetings for the A/E team to interview the various departments included to obtain initial programming and master planning data. Q.Assist the A/E team in collecting data for the included departments existing systems and equipment. R.Review, provide comments and overviews of summarized information gathered. S.During this phase of the project and others as required, we will prepare presentations for and attend meetings with the City ManagerÔs office and City Council. City of Schertz, Texas Ï JA&E Proposal November 15, 2013 Multiple Projects Ï Schertz, Texas Page 7 of 15 II.DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENTS PREPARATION During the documentation preparation phase, we will: A.Conduct periodic meetings of the entire project team to address project status, issues and concerns. B.Review and analyze the drawings, budgets, meeting minutes and other descriptive material produced. C.Review geotechnical and environmental reports and advise the City on issues, potential effects and risks to the project. D.Review information produced applicable to local, state and federal codes and regulations, including zoning, energy, handicap access, storm-water runoff, and others which typically cause impact for projects of the nature anticipated. E.Provide design reviews and written comments as requested to the design team concerning contract documents produced at applicable phases of the project. F.Prepare a presentation to the City on the progress of the drawings, budgets and other descriptive materials at the Schematic Design, Design Development and the completion of Construction Documents. G.During the course of the various design phases and after the bids for the project are received, we will represent the owner during the value engineering process to aid in achieving a balance between cost and the facility requirements. III.BIDDING, CONSTRUCTION MONITORING AND CONTRACT CLOSEOUT During the bidding phase, we will: A.Work with the Construction Professionals in their prequalification process for contractors and subcontractors for the project. City of Schertz, Texas Ï JA&E Proposal November 15, 2013 Multiple Projects Ï Schertz, Texas Page 8 of 15 B.Assist in appropriate contractor and subcontractor selection process. C.Review of potential bidders and assist in soliciting bids for the construction. D.Work with the Construction Team to evaluate the bids for appropriate completeness based on documentation presented. E.Review all construction related costs (excluding soft costs) and provide an opinion as to its adequacy and appropriateness in relation to industry standard costs. Opinion of Cost Review will be conducted on information provided. F.Review the construction progress schedule and form an opinion as to appropriateness of the projected sequencing, duration of work items, and realism of the estimated Project completion based on the scope of the Project and the current availability of both materials and labor. During the construction monitoring phase, we will: G.Make scheduled weekly site review visits to the Project and such additional site review visits, as directed by City, to observe the quality of workmanship, substantiation of costs in place and the adequacy of balances complete, and the status of construction completion. H.Review and provide additional information for construction reports submitted to those interested parties that includes information concerning the description of obvious conflicts, deficiencies and omissions between the construction observed in place and the contract documents. In addition, outstanding defects or deviations noted in previous construction reports will be described noting the correction or resolution, if any. I.Report on the progress of the construction to date in relation to the Construction ManagerÔs projected construction schedule, noting concerns or issues with sequencing or completion timing. City of Schertz, Texas Ï JA&E Proposal November 15, 2013 Multiple Projects Ï Schertz, Texas Page 9 of 15 J.Review existing and ongoing soils, structural steel, concrete and other testing results (as prepared by others) for compliance with specification requirements and describe the effect, if any, upon the use of the structure in the event of a deficiency. K.Notify the City of unsatisfactory work or plan deviations observed, and review and report on corrective action taken. L.Review the construction progress to date to determine that the work has been generally accomplished in a good and workmanlike manner and is in general accordance with the intent of the contract documents. M.Provide quality, labeled, color or digital photographs, if desired, within the Construction Report(s) to more explicitly relate to the observations described. N.Review monthly reports and draw requests, as well as proposed changes in order to provide opinion to City as to the appropriateness of the progress and request for funds with respect to percent complete of work items. O.Review safety programs developed by the Construction Manager for the contractors and subcontractors and note any deficiencies in the implementation of such programs. During the contract closeout phase and upon substantial completion of the Project, we will: P.Assist in the creation of the CityÔs punch list. Q.Review the ArchitectÔs punch list identifying the remaining items necessary for correction and completion of ContractorÔs work and evaluate whether said list is complete and correct based on previous monthly observation, and see to the timely completion and resolution of such items on the punch list. City of Schertz, Texas Ï JA&E Proposal November 15, 2013 Multiple Projects Ï Schertz, Texas Page 10 of 15 R.Review applicable municipal or governmental final sign-offs, which are provided to consultant including, but not limited to, final certificates of occupancy. K.Assist in the contract close out process. City of Schertz, Texas Ï JA&E Proposal November 15, 2013 Multiple Projects Ï Schertz, Texas Page 11 of 15 JA&E TERMS AND CONDITIONS Jackson A&E Associates, Inc. (JA&E) is pleased to provide the services described in the foregoing proposal. The purpose of this document is to obtain your authorization for the work requested and the terms and conditions under which these services are provided as shown on this document. Compensation for services rendered will be based on the attached rate schedule (or as otherwise indicated in the proposal) which is a part of this work authorization. 1.SERVICES. Jackson A&E Associates, Inc., through and by its officers, employees, and subcontractors, (hereinafter JA&E) is an independent consultant and agrees to provide Client, for its sole benefit and exclusive use, consulting services set forth in our proposal. No third party beneficiaries are intended by this Agreement. 2.PAYMENT TERMS. Client agrees to pay JA&EÔs invoice upon receipt. If payment is not received within 30 days from the ClientÔs receipt of JA&EÔs invoice which is considered past due, Client agrees to pay a service charge on the past due amount at the greater of 1% per month or the allowable legal rate.. After five days prior notice to Client, JA&E may suspend services until paid on any project where payment of invoiced amounts not reasonably in dispute is not received by JA&E within 45 days of ClientÔs receipt of JA&EÔs invoice. Client receipt of invoice will be presumed one day after hand or email delivery by JA&E. Time is of the essence of this provision. Either party may terminate this Agreement without cause upon 30 days prior written notice. This Agreement will terminate automatically upon the insolvency of the Client. In the event Client requests termination prior to completion of proposed services, Client agrees to pay JA&E for all reasonable charges incurred to date and associated with termination of the work. 3.STANDARD OF CARE. JA&E will perform its services using that degree of care and skill ordinarily exercised under similar conditions by reputable members of JA&EÔs profession practicing in the same or similar locality at the time of service. No other warranty, express or implied, is made or intended by our proposal or by our oral or written reports. 4.INSURANCE. JA&E can maintain insurance coverage as follows: WorkerÔs Compensation Insurance - statutory. EmployerÔs Liability Insurance - $1,000,000 Commercial General Liability Insurance - $1,000,000 Automobile Liability Insurance - $1,000,000 Excess Umbrella - $1,000,000 Professional Errors & Omission - $1,000,000 5.PROFESSIONAL LIABILITY. For additional consideration from JA&E of $1.00, receipt of which is hereby acknowledged, Client agrees that JA&EÔs liability, and that of its officers, directors, employees, agents and subcontractors, to Client or any third party due to any negligent professional acts, errors or omissions or breach of contract by JA&E will be limited to an aggregate of $25,000. If Client prefers to have higher limits of professional liability, JA&E agrees to try to increase the aggregate limit, up to a maximum of $1,000,000, upon ClientÔs written request at the time of accepting our proposal, provided Client agrees to pay an additional consideration of ten percent of JA&EÔs total charges, or $500, whichever is greater. The additional charge for the higher liability limit is because of the greater risk assumed by JA&E and is not a charge for additional professional liability insurance. This limitation shall not apply to the extent prohibited by law. City of Schertz, Texas Ï JA&E Proposal November 15, 2013 Multiple Projects Ï Schertz, Texas Page 12 of 15 6.EXTENSION OF PROTECTION. Client agrees that any all limitations of JA&EÔs liability and indemnifications by the Client to JA&E shall include and extend to those individuals and entities JA&E retains for performance of the services under this Agreement, including but not limited to JA&EÔs officers, partners and employees and their heirs and assigns, as well as JA&EÔs subconsultants and their officers, employees, heirs and assigns. 7.CORPORATE PROTECTION. It is intended by the parties to this Agreement that JA&EÔs services shall not subject JA&EÔs individual employees, officers, directors, managers or partners to any personal legal exposure for the risks associated with the services. Therefore, and notwithstanding anything to the contrary herein, Client agrees that as the ClientÔs sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against JA&E, a Texas Corporation, and not against any of JA&EÔs individual employees officers, directors, managers or partners. 8.SITE OPERATIONS. Client will arrange for right-of-entry to the property for the purpose of performing project management, studies, tests and evaluations pursuant to the agreed services. Client represents that it possesses necessary permits and licenses required for its activities at the site. JA&E is not responsible for any damage or loss due to undisclosed or unknown surface or subsurface conditions owned by Client or third parties, except to the extent such damage or loss is a result of JA&EÔs negligence. Otherwise, Client agrees for the additional consideration of $1.00, receipt of which is hereby acknowledged, to the extent permitted by law, to indemnify JA&E, its officers, directors, employees, agents and subcontractors, from any such claim, suits or losses, including related reasonable attorneyÔs fees. JA&E will take reasonable precautions to minimize damage to the property caused by our operations. Unless otherwise stated in JA&EÔs proposal, our charges do not include cost of restoration due to any related damage which may result. If Client requests JA&E to repair such damage, JA&E will do so at an appropriate additional cost. 9.FIELD REPRESENTATIVE. The presence of JA&EÔs or its subcontractorÔs field personnel, either full-time or part-time, may be for the purposes of providing project administration, assessment, observation and/or field testing of specific aspects of the project as authorized by Client. Should a contractor(s) not retained by JA&E be involved in the project, Client will advise such contractor(s) that JA&EÔs services do not include supervision or direction of the means, methods or actual work of the contractor(s), its employees or agents. Client will also inform contractor that the presence of JA&EÔs field representative will not relieve the contractor of its responsibilities for performing the work in accordance with its agreement with Client. If a contractor (not a subcontractor of JA&E) is involved in the project, Client agrees, in accordance with generally accepted construction practices, that the contractor will be solely and completely responsible for working condition on the job site, including security and safety of all persons and property during performance of the work, and compliance with all Client safety requirements and OSHA regulations. These requirements will apply continuously and will not be limited to normal working hours. It is agreed that JA&E will not be responsible for job or site safety or security on the project, other than for JA&EÔs employees and subcontractors, and that JA&E does not have the duty or right to stop the work of the contractor. 10.UNFORESEEN CONDITIONS OR OCCURRENCES. It is possible that unforeseen conditions or occurrences may be encountered at the site which could substantially alter the necessary services or the risks involved in completing JA&EÔs services. If this occurs, JA&E will suspend services and promptly notify and consult with Client, but will act based on JA&EÔs sole judgment where risk to JA&E personnel is involved. Possible actions could include: City of Schertz, Texas Ï JA&E Proposal November 15, 2013 Multiple Projects Ï Schertz, Texas Page 13 of 15 a)Complete the original Scope of Services in accordance with the procedures originally intended in our proposal, if practical in JA&EÔs judgment; b)Agree with Client to modify the Scope of Services and the estimate of charges to include study of the unforeseen conditions or occurrences, with such revision agreed to in writing; c)Terminate the services effective on the date specified by JA&E in writing. 11.DOCUMENTS. JA&E will furnish Client the agreed upon number of documents and supporting information. These instruments of service are furnished for ClientÔs exclusive internal use and reliance, use of ClientÔs counsel, use of ClientÔs qualified bidders and for regulatory submittal in connection with the proposed services provided for in this Agreement, but not for advertising or other type of distribution, and are subject to the following: a)All documents generated by JA&E under this Agreement shall remain the sole property of JA&E. JA&E shall retain all common law, statutory and other reserved rights, including the copyright thereto. Any unauthorized use or distribution of JA&EÔs work shall be at ClientÔs and recipientÔs sole risk and without liability to JA&E. JA&E may retain a confidential file copy of its work product and related documents. b)If Client desires to release, or for JA&E to provide, our work product(s) to a third party not described above for that partyÔs reliance, JA&E will agree to such release provided we receive written acceptance from such third party to be bound by acceptable terms and conditions similar to this Agreement (e.g. Secondary Client Agreement). Work product(s) provided for disclosure of information only will not require separate agreement. Client acknowledges and agrees to inform such third party that JA&EÔs work product(s) reflects conditions only at the time of the study and may not reflect conditions at a later time. Client further acknowledges that such request for release creates a potential conflict of interest for JA&E and by this request waives any such claim should JA&E comply with the request. c)Client agrees that all documents furnished to Client or ClientÔs agents or designees, if not paid for, will be returned upon demand and will not be used by Client or any other entity for any purpose whatsoever. Client further agrees that documents provided by JA&E pursuant to this Agreement will not be used for any project not expressly provided for in this Agreement without JA&EÔs prior written approval. d)Client shall furnish documents or information reasonably within ClientÔs control and deemed necessary by JA&E for proper performance of our services. JA&E may rely upon Client-provided documents in performing the services under this Agreement; however, JA&E assumes no responsibility or liability for their accuracy. Client-provided documents will remain the property of Client, but JA&E may retain one confidential file copy as needed to support our work product. 12.CLAIMS. The parties agree to attempt to resolve any dispute without resort to litigation, including use of non-binding mediation, prior to filing of any suit. However, in the event a claim results in litigation, and the claimant does not prevail at trial, then the claimant shall pay all costs incurred in pursuing and defending the claim, including reasonable attorneyÔs fees. 13.OPINIONS OF COST. If requested, JA&E will use its best efforts and experience on similar projects to provide realistic opinions of probable costs for remediation, repair or construction as appropriate based on reasonably available data or JA&EÔs recommendations. However, such opinions are intended primarily to provide information on the order of magnitude or scale of such costs and are not intended for use in firm budgeting or negotiation unless specifically agreed otherwise in writing by JA&E. Client understands actual costs of such work depend heavily on regional economics, local construction practices, material availability, site conditions, weather conditions, contractor skills, and many other factors beyond JA&EÔs control. JA&E makes no warranty, express or implied, that bids or negotiated costs of such work will not vary from JA&EÔs opinions of probable costs. City of Schertz, Texas Ï JA&E Proposal November 15, 2013 Multiple Projects Ï Schertz, Texas Page 14 of 15 14.TESTIMONY. Should JA&E or any JA&E employee be compelled by law to provide testimony or other evidence by any party, whether at deposition, hearing or trial, in relation to services provided under this Agreement, and JA&E is not a party in the dispute, then JA&E shall be compensated by Client for the associated reasonable expenses and labor for JA&EÔs preparations and testimony at appropriate unit rates. 15.CONFIDENTIALITY. JA&E will maintain as confidential any documents or information provided by Client and will not release, distribute or publish same to any third party without prior permission from Client, unless compelled by law or order of a court or regulatory body of competent jurisdiction. Such release will occur only after prior notice to Client. 16.GOVERNING LAW. This Agreement shall be governed in all respects by the laws of the State of Texas. 17.SURVIVAL. All provisions of this Agreement for indemnity or allocation of responsibility or liability between Client and JA&E shall survive the completion of the services and the termination of this Agreement. 18.SEVERABILITY. In the event that any provision of this Agreement is found to be unenforceable under law, the remaining provisions shall continue in full force and effect. 19.ASSIGNMENT. This Agreement may not be assigned by either party without the prior permission of the other. 20.CONSIDERATION. The parties agree that the charges for JA&EÔs services are sufficiently adjusted to include any specific consideration payable to Client under these terms and conditions. 21.INTEGRATION. This Agreement, the attached documents and those incorporated by reference herein constitute the entire Agreement between the parties and cannot be changed except by a written instrument signed by both parties. 22.STATUTES OF REPOSE AND LIMITATION. All legal causes of action between the parties to this Agreement shall accrue and any applicable statutes of repose or limitation shall begin to run not later than the date that JA&EÔs services are completed or terminated. 23.CLIENT DISCLOSURE. Client agrees to advise JA&E upon execution of this Agreement of any hazardous substance or any condition, known or that reasonably should be known by Client, existing in, on, or near the site that presents a potential danger to human health, the environment, or JA&EÔs equipment. Client agrees to provide JA&E continuing related information as it becomes available to the Client. By virtue of entering into this Agreement or providing services hereunder, JA&E does not assume control of or responsibility as an operator or otherwise for the site or the person(s) in charge of the site, or undertake responsibility for reporting to any federal, state or local public agencies any conditions at the site that may present a potential danger to public health, safety or the environment. Client agrees under advice of its counsel to notify the appropriate federal, state or local public agencies as required by law; or otherwise to disclose, in a timely manner, any information that may be necessary to prevent damage to human health, safety, or the environment. 24.ENVIRONMENTAL INDEMNITY. In connection with toxic or hazardous substances or constituents, including but not limited to mold, and to the maximum extent permitted by law, Client agrees to defend, hold harmless, and indemnify JA&E from and against any and all claims, liabilities, or judgments, except to the extent finally determined as being caused by JA&EÔs negligence or willful misconduct, resulting from: a)ClientÔs violation of any federal, state, or local statute, regulation, or ordinance relating to the management or disposal of toxic or hazardous substances or constituents; City of Schertz, Texas Ï JA&E Proposal November 15, 2013 Multiple Projects Ï Schertz, Texas Page 15 of 15 b)ClientÔs undertaking of or arrangement for the handling, removal, treatment, storage, transportation, or disposal of toxic or hazardous substances or constituents found or identified at the site; c)Toxic or hazardous substances or constituents introduced at the site by Client or third persons before, during, or after the completion of JA&EÔs services; d)Allegations that JA&E is a handler, generator operator, treater, storer, transporter, or disposer unless expressly retained by Client for such services under the Resource Conservation and Recovery Act of 1976 as amended or any other similar federal, state or local regulation, ordinance, or law due to JA&EÔs services; e)A release of toxic or hazardous substances or constituents at or from the project site before, during, or after completion of JA&EÔs services under this Agreement. Any third party suit or claim for damages against JA&E alleging strict liability, personal injury (including death) or property damage from exposure. 25.SAMPLE DISPOSAL. Test specimens or samples generally are consumed or substantially altered during testing and any remnants are disposed of immediately upon completion of tests. Remaining samples and other specimens are disposed of 30 days after submission of JA&E's report. END OF JA&E TERMS AND CONDITIONS City of Schertz, Texas Ï JA&E Proposal November 15, 2013 Multiple Projects Ï Schertz, Texas Page 16 of 15 Agenda Item 4 CITY COUNCIL MEMORANDUM City Council Meeting: November 18, 2013 Department: Council Subject:Appointment Ex-Officio Member to the Schertz Seguin Local Government Corporation BACKGROUND This City Council at their meeting of August 27, 2013 held a workshop for discussion regarding the various Council liaison positions on City Boards and Commissions. At that meeting, Councilmember Scagliola mentioned that he was currently serving on the Cibolo Valley Local Government Corporation and would also like to serve on the Schertz Seguin Local Government Corporation. rd Per the By-laws Section 2.1 (b) – 3 Paragraph: (Ex-Officio Duties) –“ In addition, a member of the Schertz City Council and the Seguin City Council, including either Mayor, shall serve as an ex-officio, non-voting member of the Board for the purpose of serving as a liaison between the Board and the Schertz City Council or Seguin City Council, as appropriate. These ex-officio members shall be appointed by, be replaced by, and be subject to removal by the Schertz City Council or Seguin City Council, as appropriate.” The Schertz Seguin Local Government Corporation is made up of 5 Directors (voting members). The officer positions include: President/Vice President/Secretary/Treasurer/Assistant Secretary 2 Ex-Officio. The action this evening officially appoints Councilmember David Scagliola as the Ex-Officio Member replacing Councilmember George Antuna. FISCAL IMPACT None RECOMMENDATION Staff recommends Council appoint Councilmember David Scagliola as the Ex-Officio Member to the Schertz Sequin Local Government Corporation. Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: November 18, 2013 Department: Public Works Subject:Ordinance No. 13-T-56 – An Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment to establish additional expenditures in the FY 2013-14 Budget Items related to the Commercial Place Properties rehabilitation, improvement, and upgrade projects which will be funded through rental revenue and sale of recyclable material; repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an First Reading. effective date. BACKGROUND The City purchased and closed on the following properties on September 30, 2013: 27 Commercial Place 11 Commercial Place Lot 32, Block 1 Lot 24, Block 2 The City entered into a Lease Agreement with Talon Engineering, LPE, the current occupant of 11 Commercial Place. Talon Engineering, LPE pays the City a lease fee of $4,800 per month. The City also received a refundable deposit at closing in the amount of $7,000 from Talon Engineering, LPE. Talon plans to vacate at the end of December. After closing, staff toured the properties and found that the previous owner had left behind surplus materials that could be recycled. The funds from the sale of this recycled property could be used to make the property ready for staff to occupy. The purpose of this Budget Amendment Ordinance is to set up an account in the FY 2013-14 Budget for the lease payments and recycled surplus materials and any materials that are to be sold on GovDeals. This fund will be utilized to make the properties ready to occupy staff. Some of the projects needed for move in include, but are not limited to: Restroom rehabilitation Epoxy Fleet Shop Floors Electrical hook-ups for shop lifts, tire machines, and brake lathe Exterior safety lighting Asphalt and stripe parking lot Install vehicle lifts Install Air Line Re-key building and install security employee identification on doors Security Installation Fire protection system installation The City has budgeted for many of these installations, upgrades, and repairs in the initial bond sale for the purchase of the property. The additional funds from the lease payments, sale of recycled and surplus materials as well as items sold on GovDeals will offset the costs associated with the above mentioned improvements. Goal : To establish additional expenditures in the FY 2013-14 Budget items related to the Commercial Place Properties rehabilitation, improvement, and upgrade projects which will be funded through rental revenue and sale of recyclable material. Community Benefit : By utilizing the lease payments and funds from the sale of recycled and surplus materials as well as items sold on GovDeals, the cost of the necessary upgrades, repairs, and improvements will be reduced, thus saving funds. Summary of Recommended Action : Approve Ordinance No. 13-T-56 on first reading increasing the FY 2013-14 Budget for expenses related to the Commercial Place Properties rehabilitation, improvement, and upgrade projects and recognizing the revenue from the lease agreement and the sale of recyclable material. FISCAL IMPACT Funds received from the lease payments, sale of recycled and surplus materials as well as items sold on GovDeals will be placed used to fund the expenditures authorized by the approval of Ordinance 13-T-56. STAFF RECOMMENDATION Staff recommends approval of the budget adjustment Ordinance No. 13-T-56 on the first reading. ATTACHMENT(S) Ordinance No. 13-T-56 ORDINANCE NO. 13-T-56 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO ESTABLISH ADDITIONAL EXPENDITURES IN THE FY 2013-14 BUDGET ITEMS RELATED TO THE COMMERCIAL PLACE PROPERTIES REHABILITATION, IMPROVEMENT, AND UPGRADE PROJECTS WHICH WILL BE FUNDED THROUGH RENTAL REVENUE AND SALE OF RECYCLABLE MATERIAL; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 13-T-34, the City of Schertz adopted the budget for the City for the fiscal year 2013-14, which provides funding for the City’s operations throughout the 2013-14 fiscal year; and WHEREAS, the City needs to adjust the budget to establish additional expenditures in the FY 2013-14 Budget items related to the Commercial Place Properties rehabilitation, improvement, and upgrade projects which will be funded through rental revenue and sale of recyclable material; and WHEREAS, the City staff recommends that the City Council approve this Ordinance increasing the FY 2013-14 Budget for expenses related to the Commercial Place Properties rehabilitation, improvement, and upgrade projects and recognizing the revenue from the lease agreement and the sale of recyclable material; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the budget to establish additional expenditures in the FY 2013-14 Budget, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the FY 2013-14 Budget to establish additional expenditures related to the Commercial Place Properties rehabilitation, improvement, and upgrade 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. th PASSED ON THE FIRST READING, the 18 day of November, 2013. PASSED AND APPROVED ON THE FINAL READING, the ______day of December, 2013 CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) - 2 - Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: November 18, 2013 Department: Public Works Subject:Resolution No. 13-R-97 BACKGROUND The City performed a study for water and wastewater rates in 2013 to ensure that revenues would meet fiscal year budget expenditures for the next five years. The Public Works Department presented these fees to City Council on July 30, 2013 and Council approved Resolution 13-R-60 approving the proposed rates. The City approved Ordinance No. 13-M-27 setting the fees for the FY 2013-14 Budget on August 6, 2013. On November 5, 2013, the City received the adopted Cibolo Creek Municipal Authority Rate Structure. The CCMA rate structure differs from the rates that the City adopted in the FY 2013-14 Fee Schedule. The City portion is not changing; however, staff believes that it is best to pass a resolution modifying the City of Schertz Schedule of Fees. The CCMA fees are less than projected and staff is modifying the Resolution to reflect the actual fees. Per Ordinance No. 13-M- 27 the City may amend the Fee Schedule by Resolution. The updated five-year Wastewater Rates and comparison to rates established by the City in August are as follows: CurrentFY 2014-15FY 2015-16FY 2016-17FY 2017-18 Rate City Portion $0.20$0.27$0.36$0.46$0.51 Expected $2.78$3.03$3.48$3.78$3.87 CCMA Actual CCMA $2.74$3.00$3.29$3.60$3.94 Old $2.98$3.30$3.84$4.24$4.38 Combined Rate New $2.94$3.27$3.65$4.06$4.45 Combined Rate Goal Approve Resolution No. 13-R-97 amending the wastewater rate schedule for FY 2013-14 that will provide necessary revenues to meet projected expenditures to maintain yearly balanced budgets while at the same time minimize the fiscal impact on our customers. Community Benefit The lower wastewater rate schedule for FY 2013-14 will reduce the financial impact on businesses and residents in the City. Summary of Recommended Action Staff recommends Council approve Resolution No. 13-R-97 setting the updated wastewater rates for FY 2013-14. FISCAL IMPACT Continuedcollection of wastewater fees based on the updated rate schedule. RECOMMENDATION Staff recommends Council approve Resolution 13-R-97 ATTACHMENTS Resolution 13-R-97 RESOLUTION NO. 13-R-97 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE FEE SCHEDULE TO REFLECT THE ACTUAL CIBOLO CREEK MUNICIPAL AUTHORITY WASTEWATER TREATMENT RATES FOR FY 2013-14. WHEREAS, pursuant to Ordinance 13-M-27, the City of Schertz adopted the budget for the City for the fiscal year 2013-14, which provides funding for the City’s operations throughout the 2013-14 fiscal year; and WHEREAS, due to the need for periodic modification of said fees and for the purposes of efficiency, Ordinance 13-M-27 approves fee changes to be completed by resolution rather than by ordinance; and WHEREAS, the City Council of the City of Schertz has determined that it is in the best interests of the City to adjust the Fee Schedule to reflect the actual rates set by the Cibolo Creek Municipal Authority for Wastewater Treatment Fees. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1.The City Council hereby authorizes the amendment to the Fee Schedule to reflect the actual fees set by the Cibolo Creek Municipal Authority for Wastewater Treatment. Section 2.The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3.All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4.This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5.If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6.It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7.This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 18th day of November, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) - 2 - Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: November 18, 2013 Department: Public Works Subject:Ordinance No. 13-T-57 – An Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment in the amount of $135,086 from the Water Construction Funds for the relocation of the 16-inch high-pressure reuse waterline owned and operated by the Cibolo Creek Municipal Authority that is located in the future planned extension of Live Oak Road to the new 25-foot easement owned by Cibolo Creek Municipal Authority; repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an First Reading effective date. BACKGROUND The future planned extension of Live Oak Road at Schertz Parkway will encroach into Cibolo Creek Municipal Authority’s easement that contains a 16” high pressure reuse water line. CCMA has indicated that the line may remain in Live Oak Road, but if repairs are completed on the line, they do not want to be responsible for roadway repairs. This high pressure line, approximately 10-feet deep, has experienced several breaks in the last 12 months. Based on estimates to repair the road after one or two breaks, the cost to relocate the waterline to CCMA’s other easement is the most efficient and cost-effective plan for the City. CCMA is currently upgrading a sewer transmission line in the same area; and they have already completed the bid process and based on bids submitted by the best qualified bidder the cost to relocate the line is $135,086. CCMA will manage the relocation process and the City will be the financially responsible party. Staff recommends that the City relocate the 16-inch reclaimed waterline owned by CCMA from the center of the future Live Oak Road to the new 25-foot easement owned by CCMA. Goal : To complete a budget transfer in the amount of $135,086 from Water Construction Funds to the Water/Wastewater Operating Budget to relocate the 16-inch reclaimed waterline owned by CCMA from the center of the future Live Oak Road to the other easement owned by CCMA. Community Benefit : By investing in relocating the reuse line, the City will save funds to repair Live Oak Road if the high-pressure line breaks. Summary of Recommended Action : Approve Ordinance No. 13-T-57 approving a budget transfer in the amount of $135,086 from the Water Construction Funds to the Water/Wastewater Operating Budget to relocate the 16-inch reclaimed waterline owned by CCMA from the center of the future Live Oak Road to the other easement owned by CCMA. FISCAL IMPACT $135,086 from the Water Construction Fund. STAFF RECOMMENDATION Staff recommends approval of the budget adjustment Ordinance No. 13-T-57. ATTACHMENT(S) Ordinance No. 13-T-57 Letter from CCMA regarding the relocation of the 16” Proposal from Pesado Construction to CCMA ORDINANCE NO. 13-T-57 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT IN THE AMOUNT OF $135,086 FROM THE WATER CONSTRUCTION FUNDS FOR THE RELOCATION OF THE 16-INCH HIGH PRESSURE REUSE WATERLINE OWNED AND OPERATED BY THE CIBOLO CREEK MUNICIPAL AUTHORITY THAT IS LOCATED IN THE FUTURE PLANNED EXTENSION OF LIVE OAK ROAD TO THE NEW 25-FOOT EASEMENT OWNED BY CIBOLO CREEK MUNICIPAL AUTHORITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 13-T-34, the City of Schertz adopted the budget for the City for the fiscal year 2013-14, which provides funding for the City’s operations throughout the 2013-14 fiscal year; and WHEREAS, The future planned extension of Live Oak Road at Schertz Parkway will encroach into Cibolo Creek Municipal Authority’s easement that contains a 16-inch high pressure reuse water line; and WHEREAS, Cibolo Creek Municipal Authority has indicated that the line may remain in Live Oak Road, but if repairs are completed on the line, they do not want to be responsible for roadway repairs; and WHEREAS, the high-pressure reuse line, approximately 10-feet deep, has experienced several breaks in the last 12 months; and WHEREAS, the City staff believes that it is in the best interest of the City to relocate this high-pressure reuse line based on estimates to repair the road after one or two breaks; and WHEREAS, the City needs to adjust the budget in the amount of $135,086 from the Water Construction Funds for the relocation of the 16-inch high pressure reuse line owned and operated by the Cibolo Creek Municipal Authority to the new 25-foot easement owned by Cibolo Creek Municipal Authority; and WHEREAS, the City staff recommends that the City Council approve this Ordinance increasing the FY 2013-14 Budget by the transfer of $135,086 from the Water Construction Funds for expenses related to the relocation of the 16-inch high pressure reuse line owned by Cibolo Creek Municipal Authority; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the budget to establish additional expenditures in the FY 2013-14 Budget, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the FY 2013-14 Budget to transfer $135,086 from the Water Construction Funds for the expenses related to the relocation of the 16-inch high-pressure reuse line owned by Cibolo Creek Municipal Authority. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. th PASSED ON FIRST READING, the 18 day of November, 2013. PASSED AND APPROVED ON THE FINAL READING, the ___day of December, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) - 2 -