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12-10-2013 Agenda with backup
MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL December 10, 2013, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team 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) Presentations • Resolution Commendation Presentation to Mr. Earl Hartzog (Mayor Carpenter) • Presentation/discussion and update regarding signs (B. James /M. Sanchez) • Presentation/discussion and update regarding fundraising activities for the Hal Baldwin Scholarship and the Hal Baldwin Memorial Plaza (D. Harris/M. Spence) City Events and Announcements • Announcements of upcoming City Events (D. Harris /J. Bierschwale /B. James) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding 12 -10 -2013 Council Agenda 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. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of December 3, 2013. (J. Kessel /B. Dennis) 2. Ordinance No. 13 -S -58 — Consideration and /or action approving an Ordinance amending the Code of Ordinances, Unified Development Code (UDC) Section 21.4.9 Designation of Landmark Properties, Heritage Neighborhoods providing a Reversionary Clause; providing a Repealing Clause; providing a Severability Clause; providing a Penalty Clause; and providing an effective date. Final Reading (B. James /B. James) 3. Resolution No. 13 -R -106 — Consideration and/or action approving a Resolution authorizing changes in the Employee Nepotism Policy as contained in the City of Schertz Employee Policy Handbook. (J. Kessel /J. Smith) 4. Resolution No. 13 -R -107 — Consideration and/or action approving a Resolution authorizing an Interlocal Agreement between the City of Schertz, Texas and the Cibolo Creek Municipal Authority regarding Advancement of Funds by the City to the Cibolo Creek Municipal Authority for the Relocation of a 16 -Inch Reclaimed Waterline, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) Discussion and Action Items 5. Appointments /Reappointments and Resignations to City Boards, Commissions, Committees — Consideration and /or action regarding appointments /reappointments and resignations to City Boards, Commissions, and Committees. (J. Kessel /B. Dennis) • Appointment of Sydney Verinder — Regular Board Member, Schertz Economic Development Corporation 6. Resolution No. 13 -R -105 — Consideration and/or action approving a Resolution re- canvassing the results of the November 5, 2013 General Election results because of changes in the Comal County, Texas vote totals resulting from the November 21, 2013 Court- Ordered Recount of the Comal County, Texas Votes. (Mayor Carpenter /K. Tapley/B. Dennis) 7. Resolution No. 13 -R -102 — Consideration and/or action approving a Resolution casting votes to elect Directors for the Guadalupe County Appraisal District for the 2014 -2015 Term. (D. Harris /Mayor & Council) 12 -10 -2013 City Council Agenda Page - 2 - 8. Resolution No. 13 -R -103 — Consideration and/or action approving a Resolution casting votes to elect Directors for the Bexar County Appraisal District for the 2014- 2015 Term. (D. Harris/Mayor & Council) 9. Resolution No. 13 -R -104 — Consideration and/or action approving a Resolution casting votes to elect Directors for the Comal County Appraisal District for the 2014- 2015 Term. (D. Harris/Mayor & Council) 10. Ordinance No. 13 -D -59 — Consideration and/or action approving an Ordinance providing that the City Code of Ordinances of the City of Schertz, Texas be amended by revising Section 86 -118, Maximum Limits in School Zones for a certain street, removing the School Zone for a Certain Street, and Reducing the area for the School Zone on a certain street and providing an effective date. First Reading (J. Bierschwale /D. Letbetter) Roll Call Vote Confirmation Requests and Announcements 11. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 12. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 13. Requests by Mayor and Councilmembers to City Manager and Staff for information. 14. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items 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; 12 -10 -2013 City Council Agenda Page - 3 - Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.087 Texas Government Code — Deliberation regarding Economic Development Negotiations. Reconvene into Regular Session 15. Take any action deemed necessary as a result of the Executive Session. 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 6th DAY OF DECEMBER 2013 AT 1:00 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. grevok2 Devuva's renda Dennis CPM, TRMC, MMC, City Secreta 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. 12 -10 -2013 City Council Agenda Page - 4 - COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor 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 Randolph Joint Land Use Study (JLUS) Executive Investment Advisory Committee Committee TIRZ II Board Councilmember Scn iola — Place 2 Councilmember John - Place 3 Animal Control Advisory Committee Cibolo Valley Local Government Corporation Schertz Seguin Local Government Corporation Interview Committee for Boards and Commissions Sweetheart Advisory Committee Councilmember Edwards — Place 4 Councilmember — Duke — Place 5 Audit Committee Audit Committee ASA Commuter Rail District Board — Lone Star Investment Advisory Committee Hal Baldwin Scholarship Committee 12 -10 -2013 City Council Agenda Page - 5 - RESOLUTION OF COMMENDATION FOR EARL HARTZOG CITY OF SCHERTZ, STATE OF TEXAS WHEREAS, Earl Hartzog, a native of Patton, Pennsylvania, moved to Texas after joining the Air Force in 1962, and eventually settled in the city of Schertz in 1980; and WHEREAS, Earl and his wife Susan, were blessed with six children, all of whom they diligently supported and cheered on through the years in their numerous school activities such as band, basketball, and football, and are now blessed with seven grandchildren and one great- grandchild; and WHEREAS, Earl retired from the United States Air Force after serving 20 years as a Personnel Systems Analyst; and WHEREAS, Earl has served as a former City staff member, City Council member, and Board member as well as assuming many other responsible leadership roles, earning him the respect and gratitude of his fellow associates; and WHEREAS, Earl has volunteered countless hours of his time to this community by working on the Library Board, Planning and Zoning Board, and currently, the Board of Adjustments, where his ideas and decision making help to promote and support the continued growth of this city; and WHEREAS, his perseverance for perfection in all City endeavors has proven him to be an upstanding trusted citizen who continues to assist the City when asked; and NOW THEREFORE, I, Michael R. Carpenter, Mayor of the City of Schertz, Texas, on behalf of the entire City, City Council, and Staff, commend Earl Hartzog for his love of the City of Schertz, for his willingness to step up when asked to participate, and for his generosity to many worthwhile causes throughout the area, and deem him worthy of special recognition by all who reside in our great community. IN WITNESS WHEREOF, I hereunto set my hand and caused the seal of Schertz to be affixed this 10th day of December 2013. Michael R. Carpenter, Mayor Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: December 10, 2013 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a Regular meeting on December 3, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of December 3, 2013. ATTACHMENT Minutes — Regular meeting December 3, 2013. MINUTES REGULAR MEETING December 3, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 3, 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 Cedric Edwards Staff Present: Executive Director David Harris Councilmember Daryl John Councilmember Matthew Duke City Manager John Kessel Executive Director Brian James City Attorney Katherine Tapley Chief of Staff Bob Cantu City Secretary Brenda Dennis Deputy City Secretary Donna Schmoekel Call to Order _)�� Mayor Carpenter called the Regular Meeting to order at 6:01 p.m. Invocation and Pledges of Allegiance to The Flays of The United States and The State of Texas Mr. Ken Ratcliff provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Mayor Carpenter recognized the following Boy Scouts from Troop 624 who were in the audience this evening: Tyson Weatherhead, Collin Behunin, Jacob Davis, and Cameron Steadman. City Events and Announcements O • jiftpouncements 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: - Wednesday, December 4, 2013 — 2:30 p.m. - 100th Birthday Celebration for Ms. Elena Perales, a resident at Autumn Winds Retirement Lodge - Thursday, December 5, 2013 — Management and Department Head Team Building Retreat — 8:00 a.m. to 4:00 p.m. — North Center - Friday, December 6, 2013 — City Council Team Building Retreat — 8:00 a.m. to 4:00 p.m. — Fairfield Inn & Suites — 5008 Corridor Loop Road - 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 by Schertz- Cibolo - Universal City Independent School District bands, choirs; Sweetheart Court; Schertz Idol; and Schertz Senior Center Choir 12 -03 -2013 Minutes Page - 1 - - Saturday, December 7, 2013 — Kris Kringle Market — 9:00 a.m. to 4:00 p.m. — Schertz Parkway and Main Street. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who reminded Council & management to complete their evaluations for the upcoming Team Building retreat at the Fairfield Inn this coming Friday. He also extended appreciation for a job well done to Brenda Dennis, David Harris, and Katherine Tapley, and others in their assistance on the recent Election recount. Mr. Kessel thanked Human Resources Director Josh Smith for setting up the leadership retreats they will be participating in this month. Mayor Carpenter expressed his appreciation for the time volunteered by former councilmember and Schertz resident, Earl Hartzog, who served as a neutral appointee for the City and participated in the recent District Court- Ordered Comal County Election Recount. Presentations • Presentation and update from the Schertz Sweetheart Court (D. Harris /M. Sp ce) Mayor Carpenter recognized the Schertz Sweetheart Court: Katie Gibbons (Miss Schertz), Cindy Fischer (Miss Jubilee), and Ariel Villarreal (Miss Friendly City), who provided information on all the recent festivals and community service events they have attended. Mayor Carpenter recognized Events Coordinator Mary Spence who provided information on the upcoming events for this Friday, December 6 and 7, 2013; Festival of Angels and the Kris Kringle Market. • Presentation/discussion and possible action regarding Landmark Property Designations (B. James /D. Weirtz) Mayor Carpenter recognized Executive Director of Development Brian James and Chair of the Historical Preservation Committee Dean Weirtz who presented the following properties for consideration of being a Landmark Property or Heritage Neighborhood Designation: 'ON 104 Church Street - Landmark Property Designation 0 509 Main Street (Plaza Bldg.) - Landmark Property Designation 0 511 Main Street (Schertz State Bank) - Landmark Property Designation 0 6565 FM 482 (Kneupper Store)- Landmark Property Designation Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro- Tern Fowler, to approve the four properties presented this evening as Landmark Property Designations. The vote was unanimous with Mayor Pro -Tem Fowler, Couneilmembers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carried. • Presentation and update on the City of Schertz Drainage. (J. Bierschwale /S. Willoughby) 12-03-2013 Minutes Page - 2 - Mayor Carpenter recognized Assistant Public Works Director Jimmy Hooks and Engineer In Training, Larry Busch Jr. who gave a presentation on the 2013 Drainage Division answering questions from Council. • Presentation and update regarding the City of Schertz Street Bond Projects (J. Bierschwale /L. Busch) Mayor Carpenter recognized Engineer -In- Training Larry Busch who gave a presentation on the City of Schertz street bond projects answering questions from Council. Mayor and Council thanked Mr. Hooks and Mr. Busch for the thorough pres on and gave kudos to a job well done. Hearing of Residents: This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. - Mayor Carpenter recognized the following who spoke: • Mr. Robert Brockman, 1000 Elbel Road, asked if some signs would now be provided in our City to let drivers know that the use of engine brakes along the streets and highways adjacent to the residential areas is prohibited. Executive Director of Support David Harris replied that this information has been given to Public Works and signs would be forthcoming soon. He also wanted to advise Council that in regard to Agenda Items 4, 5, and 6, it is his understanding that state law dictates that if you don't cast at least one vote for each appraisal district candidate, if you ever have to replace the elected person you won't get a chance to vote during the second election. • Ms. Maggie Titterington, Schertz Chamber President, who spoke regarding the success of the chamber luncheon held today and commented about the increased amount of money they were able to donate to the DECA recipients, as well as fundraiser money that was raised for the Schertz Animal Services adoption trailer. She also gave an update on her recent conversations with TXDOT regarding the construction project on FM 3009 and IH 35. • Mr. Bert Crawford, 4100 Brook Hollow Drive, who thanked the city employees and City attorney, Katherine Tapley who all assisted in the recent election recount. 12-03-2013 Minutes Page - 3 - Workshop Discussion and consideration and/or action regarding Council Liaison positions on the various City boards and commissions. (Mayor Carpenter /Council) • ASA Commuter Rail District Board — Lone Star — effective Jan. 1, 2014 • Audit Committee • Investment Committee • Randolph Joint Land Use Study (JULUS) Executive Committee Mayor Carpenter stated that from time to time Council takes the opportunity to reevaluate their roles and assignments on the various City Council liaison assignments within the City. Mayor Carpenter stated that with Councilmember John and Councilmember Duke recently being elected, Council will need to discuss the vacancies and assign Council liaisons. Mayor and Council discussed the vacancies and it was agreed on the following assignments: • Councilmember Edwards: ASA Commuter Rail District Board • Councilmember Duke: Audit Committee & Investment Committee • Mayor Pro -Tem Fowler: Randolph Joint Land Use Study (JULUS) Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Mayor Pro- Tern Fowler, to approve the assignments as noted. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carried. Consent Agenda Items 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of November 18, 2013. (J. Kessel /B. Dennis) MW 2. Ordinance No. 13 -T -57 — 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 Cibolo Creek Municipal Authority; repealing all Ordinances or Parts of Ordinances in conflict with the Ordinance; and providing an effective date. Final Reading (J. Bierschwale /J. Hooks) The following was read into record: 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- 12 -03 -2013 Minutes Page - 4 - 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 3. Resolution No. 13 -R -101 — Consideration and/or action approving a Resolution authorizing a modification to the existing construction contract for the renovation of the existing soccer fields and construction of a new concession building and parking lots and associated support systems and other matters in connection therewith. (J. Kessel /P. Gaudreau) The following was read into record: -1.96V lqqlpok RESOLUTION NO. 13 -11-101 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MODIFICATION TO THE EXISTING CONSTRUCTION CONTRACT FOR THE RENOVATION OF THE EXISTING SOCCER FIELDS AND CONSTRUCTION OF A NEW CONCESSION BUILDING AND PARKING LOTS AND ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Mayor Pro -Tem Fowler, who moved, seconded by Councilmember Edwards, to approve consent agenda items 1, 2, and 3. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carried. Discussion and Actio- n I s 4. Resolution No. 13 -R -102 — Consideration and/or action approving Resolution casting votes to elect Directors for the Guadalupe County Appraisal District for the 2014 -2015 Term. (Mayor /Council) The following was rea v to record: RESOLUTION NO. 13 -R -102 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE GUADALUPE COUNTY APPRAISAL DISTRICT FOR THE 2014 -2015 TERM. Mayor Carpenter recognized Executive Director of Support David Harris who introduced this item stating that that each taxing unit is entitled to vote on members to the Guadalupe Appraisal District Board of Directors. The City of Schertz has 339 votes to cast. Mr. Harris stated that Schertz - Cibolo- Universal City ISD has cast 1,000 votes for Mr. Wilson, a trustee at the District, and 472 votes for Dr. Gilcrease. He stated that Guadalupe County has cast all of its 957 votes for Tax Assessor - Collector Tavie Murphy. A total of 5,000 votes are allocated amongst the 21 jurisdictions. Mr. Harris stated that one possible option is for 12 -03 -2013 Minutes Page - 5 - Council to cast their 339 votes toward the above candidates as follows: 68 votes each for Dunn, Gilcrease, Hogue, and Murphy and 67 votes for Wilson. Mayor and Council discussed the need to have more information on the candidates and requested staff to contact the Appraisal Districts. City Secretary Brenda Dennis and Executive Director David Harris stated that they will get with the Appraisal Districts to see if more information on the candidates could be obtained and possibly get their biographies. Council took no action at this time, pending more information. 5. Resolution No. 13 -R -103 — Consideration and/or action approving Resolution casting votes to elect Directors for the Bexar County Appraisal District for the 2014 -2015 Term. (Mayor /Council) The following was read into record: RESOLUTION NO. 13 -R -103 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE BEXAR COUNTY APPRAISAL DISTRICT FOR THE 2014 -2015 TERM. No action taken. 6. Resolution No. 13 -R -104 — Consideration and /or actiNappr Resolution casting votes to elect Directors for the Comal County Appraisal District for the 2014 -2015 Term. (Mayor /Council) The following was read into record: RESOLUTION NO. 13 -11-104 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE COMAL COUNTY APPRAISAL DISTRICT FOR THE 2014 -2015 TERM No action taken. 7. Ordinance No. 13 -S -58 — Conduct a public hearing and consideration and/or action approving an Ordinance amending the Code of Ordinances, Unified Development Code (UDC) Section PH 21.4.9 Designation of Landmark Properties, Heritage Neighborhoods providing a Reversionary Clause; providing a Repealing Clause; providing a Severability Clause; providing a Penalty Clause; and providing an effective date. First Reading (B. James /B. James) The following was read into record: ORDINANCE NO. 13 -S -58 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE 12 -03 -2013 Minutes Page - 6 - (UDC) SECTION 21.4.9 DESIGNATION OF LANDMARK PROPERTIES, HERITAGE NEIGHBORHOODS PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Executive Director of Development Brian James who introduced this item answering questions from Council. Mr. James stated that the proposed amendment involves changes to Section 21.4.9 Designation of Historic Landmarks, Creation of Historic Districts and Certificates of Appropriateness. The City Council has been designating Historic Landmarks based on the recommendation of the Schertz Historical Preservation Committee for some time. The program was intended to recognize structures important the community's past, but was not intended to trigger any additional regulations. Chapter 442 of the Government Code /Section 315.006 of the Texas Local Government Code does impose additional regulations on structures and properties designated as historic by a local government. This was not the intent of the City of Schertz designation. As such, it is recommended that the UDC be amended to alter the title of the designation to landmark property with the stipulation that the property is not to be considered a "historic structure or property" per section 315 of the Texas Local Government Code. In anticipation of Council consideration of this item after the Planning and Zoning Commission recommended approval of the amendment on September 11, staff noticed this item for consideration by City Council on October 15 where the item was tabled to allow the Schertz Historic Preservation Committee to review the item on October 24. Staff recommends approval. Mayor Carpenter opened the public hearing and recognized Mr. Dean Weirtz, 4301 Monument Pass who spoke in opposition of this ordinance. Mr. Weirtz stated that this is not the Ordinance which the Commission had submitted. As no one else spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter took comments from Council. Mayor Carpenter recognized Councilmembers Edwards and Scagliola who addressed questions to staff regarding Mr. Weirtz concerns. Councilmember Edwards and Scagliola expressed their concerns of creating a Historical Overlay District and how it could impact the owner due to the regulations imposed on structures and properties designated as historic by a local government. Mayor Carpenter recognized City Attorney Katherine Tapley who stated that for clarification, this ordinance is not addressing an overlay district issue tonight and that you are voting on a change to Section 21.4.9 Designation of Historic Landmarks, Creation of Historic Districts and Certificates of Appropriateness only. As Council continued to discuss this item, it was recognized that a future agenda item needed added to address the issue of creating a Historic Overlay District. It was also recommended to have the Councilmembers get with staff and the Historical Preservation Committee and discuss this issue before placing it on a future agenda. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Scagliola to approve Ordinance No. 13 -S -58 first reading. The vote was 12 -03 -2013 Minutes Page - 7 - unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carried. Executive Session Mayor Carpenter recessed the regular meeting into executive session at 7:23 p.m. Called under Section 551.087 Texas Government Code — Deliberation regarding Economic Development Negotiations. Reconvene into Regular Session Mayor Carpenter reconvened the meeting at 8:40 p.m., and moved to Agenda Item 8. 8. Resolution No. 13 -R -100 — Consideration and /or action approving a Resolution authorizing a First Amendment to the Development Agreement wit v rpillar, Inc., and other matters in connection therewith. (J. Kessel/D. Gwin) The following was read into record: RESOLUTION NO, A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (CATERPILLAR INC.), AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Economic Development Director David Gwin who introduced this item stating that in 2010, the City of Schertz ( "City "), the Schertz Economic Development Corporation ( "SEDC ") and Caterpillar Inc. ( "Caterpillar ") entered into a tax incentive agreement ( "Agreement "). Under the Agreement, Caterpillar could receive up to a 75% ad valorem tax reimbursement on the personal property taxes paid each year for each phase of the Caterpillar development for eight years. The incentive is reduced according to the schedule in Section 5(b) of the Agreement if less personal property is invested at the Caterpillar development. Mr. Gwin stated during the 2013 annual certification process, Caterpillar met all of the requirements as outlined in the Agreement; however, Caterpillar reported only $19,449,711 in personal property which resulted in a 0% ad valorem reimbursement for year one of Phase 1 according to Section 5(b) of the Agreement. He stated the First Amendment to Development Agreement (The "Amendment ") has been created to allow Caterpillar to realize all or part of the year one Phase 1 incentive in year two of Phase 1 by adding the personal property value above $25,000,000 to the year one Phase 1 reported value. Action requested of Council approves the First Amendment to Development Agreement (Caterpillar, Inc.) enabling Caterpillar to earn the year one of Phase 1 Incentive in year two of Phase 1. 12-03-2013 Minutes Page - 8 - Fiscal Impact: The potential incentive for year one of Phase 1 is currently being held by the City in reserve. If earned, it will be awarded based on the schedule as outlined in Section 5(b) of the Agreement. Under that methodology, the appropriate percentage will be applied to the value of personal property ad valorem taxes paid to the City and could result in the following reimbursement: • 75% = $72,921.83 • 50% = $48,614.55 • 25% = $24,307.28 Schertz Economic Development Corporation held a meeting on July 25, 2013 to consider the proposed First Amendment and voted unanimously to approve. Staff recommends approval. Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Mayor Pro- Tern Fowler, to approve Resolution 13 -R -100. The vote was unanimous with Mayor Pro - Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carried. IA6m, S" Executive Session Mayor Carpenter recessed the regular meeting intc Called under: ion at 8:50 p.m. 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; Section 551.087 Texas Government Code — Deliberation regarding Economic Development Negotiations. Mayor Carpenter reconvened the meeting at 9:25 p.m., and moved to the Workshop Item. • Discussion and"consideration and/or action regarding City Boards, Commissions and Committees Roles and Responsibilities. (Mayor Carpenter /Council) No action. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 8. 12 -03 -2013 Minutes Page - 9 - Requests and Announcements 9. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No items requested. 10. Requests by Mayor and Councilmembers that items be pl on future City Council agenda. Mayor Carpenter requested a discussion be scheduled for sometime in January 2014 to potentially consider honoring our past Mayors as they made some noteworthy achievements during their tenure. 11. Requests by Mayor and Councilmembers to City Manager and Staff for information. a' Mayor Carpenter recognized Mayor Pro -Tem Fowler who requested that the Councilmembers being assigned to new committees tonight be provided some information and contact names before attending their first meeting. The respective assignments are: 71"� • Councilmember Edwards: ASA Commuter Rail District Board • Councilmember Duke: Audit Committee & Investment Committee • Mayor Pro -Tem Fowler: Randolph Joint Land Use Study (JULUS) 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 Mayor Carpenter recognized Mayor Pro -Tem Fowler who stated he attended the following: • Friday, November 22, 2013 — Fashion Affair Clothing Boutique Ribbon Cutting — 6051 FM 3009 — across the street from Wal -Mart. • Tuesday, December 3, Schertz Chamber Luncheon Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following: • Tuesday, December 3, 2013 - Schertz Chamber Luncheon 12 -03 -2013 Minutes Page - 10 - Mayor Carpenter stated he and Chamber President Maggie Titterington will be attending a meeting with Representative Farias to gain his support in pushing TxDOT along towards completing the I -35 and FM 3009 road construction project. There will also be a meeting at 2:00 p.m. Thursday, December 5, 2013 with Guadalupe County Commissioners Cope and Wolverton, Maggie Titterington and the contractor. If anyone else wants to attend they are welcome to come. 13. Take any action deemed necessary as a result of the Executive Session. No action taken. Adiournment As there was no further business, the meeting was ATTEST: City Secretary, Brenda Dennis 12 -03 -2013 Minutes Page - I t - titer Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: December 10, 2013 Department: Development Services Subject: Ordinance No. 13 -S -58 — Conduct a public hearing and consideration and/or action to amend the Unified Development Code (UDC) Section 21.4.9 Designation of Historic Landmarks, Creation of Historic Districts, and Certificates of Appropriateness. Final Reading (B. James /B. James) BACKGROUND The proposed amendment involves changes to Section 21.4.9 Designation of Historic landmarks, Creation of Historic Districts and Certificates of Appropriateness. The City Council has been designating Historic Landmarks based on the recommendation of the SHPC for some time. The program was intended to recognize structures important the community's past, but was not intended to trigger any additional regulations. Chapter 442 of the Government Code /Section 315.006 of the Texas Local Government Code does impose additional regulations on structures and properties designated as historic by a local government. This was not the intent of the City of Schertz designation. As such, it is recommended that the UDC be amended to alter the title of the designation to landmark property with the stipulation that the property is not to be considered a "historic structure or property" per section 315 of the Texas Local Government Code. In anticipation of Council consideration of this item after the Planning and Zoning Commission recommended approval of the amendment on September 11, staff noticed this item for consideration by City Council on October 15 where the item was tabled to allow the Schertz Historic Preservation Committee to review the item on October 24. City Council approved this on first reading at their meeting of December 3, 2013. Goal Promote the history and culture of the City of Schertz. Community Benefit Recognize structures of significance to the community's past. City Council Memorandum Page 2 Summary of Recommended Action Approve the proposed ordinance on final reading. FISCAL IMPACT None RECOMMENDATION Approval of Final Reading of Ordinance 13 -S -58 ATTACHMENT Ordinance 13 -S -58 ORDINANCE NO. 13 -S -58 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE (UDC) SECTION 21.4.9 DESIGNATION OF LANDMARK PROPERTIES, HERITAGE NEIGHBORHOODS PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Schertz and the Schertz Historical Preservation Committee (SHPC) feels it important to recognize places within City limits and /or within the extra territorial jurisdiction (ETJ) that represent unique features of the City landscape either by their nostalgic, aesthetic, architectural, historic or symbolic character, and WHEREAS, The City of Schertz Comprehensive Land Plan emphasizes the need to preserve and enhance the City's rich history and culture, and WHEREAS, The City zoning districts are established for, among other purposes, protecting and preserving places and areas of historical, cultural and/or architectural importance and significance within the City limits, and WHEREAS, The City of Schertz specifically desires to recognize and promote preservation of those historic structures that comprise the most valued historic elements of the community's past through the establishment of historic district designations, and WHEREAS, The Schertz City Council as a matter of public policy aims to preserve, enhance and perpetuate those aspects of the city having historical, architectural, archaeological, nostalgic, aesthetic, or symbolic attributes and which may have an enduring impact on the city's cultural identity, and WHEREAS, The City of Schertz desires to recognize places that represent unique features of the City landscape, neighborhood development, aesthetic architectural, or symbolic character, through the creation of either heritage neighborhoods or landmark property designations, and WHEREAS, The heritage neighborhood and /or landmark property designations shall be of such a nature as to be free of the designation status as per Chapter 442, Section 315.006, of the Texas Local Government Code, and WHEREAS, all required notices have been provided, and WHEREAS, on September 11, 2013 the Planning and Zoning Commission recommended approval, and WHEREAS, on October 24, 2013, the Historic Preservation Committee reviewed the change, and WHEREAS, on December 3, 2013, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF SCHERTZ, TEXAS THAT: Section 1. Unified Development Code, Section 21.4.9 of the Code of Ordinances, City of Schertz, Texas is hereby amended as follows: See. 21.4.9 Designation of Landmark Properties and Heritage Neighborhoods A. Purpose and Applicability The purpose of this section is to recognize and encourage the preservation of those areas or specific buildings or structures of significance to the City. More specifically, this article is designed to achieve the following goals: To preserve, protect and enhance significant sites and structures that represent unique elements of the city landscape either by their aesthetic, architectural, nostalgic, or symbolic attributes in relation to persons, place and/or time. 2. To strengthen civic pride through neighborhood preservation and recognition. 3. To provide application submission and review guidance relating to the designation of properties and/or sites. 4. The provision for designation of Landmark Properties shall also apply within the extraterritorial jurisdiction of the City of Schertz. B. Application Requirements Any request for the designation of a landmark property or heritage neighborhoods shall be initiated by completion of an application form as set forth in Appendix A of the Schertz Historical Preservation Committee's (SHPC) By -laws. C. Processing of Application and Decision 1. Submittal All applications under this section shall be submitted to the SHPC. The SHPC shall review the application for completeness and notify the applicant of items requiring correction or attention before providing a written recommendation on the application. Any interested citizen, to include SHPC members, may initiate an application. 2. Approval Procedures Applications for landmark properties and heritage neighborhoods shall be considered and voted upon at the SHPC's next quarterly meeting following application submission. Approval will require a two- thirds positive vote by members present. The SHPC may disapprove the nomination for reasons of incomplete and/or unsupportable data. If disapproved, the nominator will be notified in writing by SHPC as to the reason(s) for disapproval and given thirty days to resubmit the nomination form with corrected or supplemental data. If no reply is received by the thirty day deadline the nomination is considered closed without further action required. The approved SHPC nominations will be forwarded to the City Manager for placement on a City Council agenda within 30 days of receipt. Written notice shall be provided to the owner of the property before the tenth (10th) day before the hearing date of City Council. The City Council shall vote on all designation nominations and will require a majority of Council members to approve the nomination. The nominator will be notified in writing by the SHPC of city council approval/disapproval. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED ON FIRST READING, the 3rd day of December, 2013. PASSED, APPROVED ON INAL READING, the 10th day of December, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: December 10, 2013 Department: Human Resources Subject: Resolution No. 13- R -106- Amendment to City of Schertz employee policies BACKGROUND The employee policy handbook was last updated in May, 2008. Many of the policies contained within the policy handbook are now outdated and/or out of compliance. Staff has performed their due diligence in ensuring the proposed changes to personnel policy are appropriate through the following process: 1. Benchmark best practices of other municipalities in the South - Central Texas Region. 2. Solicit input from key employee stakeholders and Subject Matter Experts (SME's) 3. The development of an employee ad -hoc review committee consisting of individuals from various departments to ensure the policies fit the unique needs, culture, and values of the City of Schertz. 4. Vet policies through other review committees consisting of: a. Administrative Assistants (Gatekeepers) b. Department Heads c. City Management d. City Employment Attorney e. City Council Goal To amend various policies contained within the employee policy handbook to provide clarity of direction to city staff. Community Benefit These policy amendments provide greater clarity to supervisors and employees in their capacity as public servants. Summary of Recommended Action Nepotism Policy • Designed to prevent favoritism and conflicts of interest in the workplace • Maintains a grandfather clause • Special rules for Ci . Management • Elaborates and supports many existing nepotism rules • Employees cannot be involved in disciplinary action or investigations regarding relatives who are also employees. • Clarifies conditions in which employees become relatives • Create specific rules for accommodating nepotism issues through transfers FISCAL IMPACT None RECOMMENDATION Approve recommendations from staff to implement proposed policy changes. ATTACHMENT(S) Resolution No. 13 -R -106 Current Policies to be replaced Proposed policy changes RESOLUTION NO. 13 -R -106 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING CHANGES IN THE EMPLOYEE NEPOTISM POLICY AS CONTAINED IN THE CITY OF SCHERTZ EMPLOYEE POLICY HANDBOOK. WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City review and approve the amendments to the proposed policies presented by city staff in accordance with the City of Schertz Charter; and WHEREAS, the City Staff has identified areas of improvement within the current city policies for the purpose of correction, compliance, and communication. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the approval of staff recommendations to amend the current employee Nepotism Policy within the City of Schertz Employee Policy Handbook. 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 10th day of December, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - 2.1.4 Nepotism; Personal Relationships No person related within the second degree by affinity, or within the third degree by consanguinity to any elected officer of the City or to the City Manager, may hold any office or position with the City. This prohibition does not apply to officers or employees who have been continuously employed by the City for at least two (2) years prior to the election or appointment of the officer related in the prohibited degree. Members of an employee's family* will be considered for employment or transfer on the basis of their qualifications. Family members may not be hired or transferred within the City if employment or transfer would • create a supervisor /subordinate relationship with a family member; • result in two (2) immediate family members employed in the same Department; • have the potential for creating an adverse impact on work performance; or • create either an actual conflict of interest or the appearance of a conflict of interest. This policy shall also be applicable when promoting an employee. If one of the disqualifying conditions described above should occur with existing employees, attempts will be made to find a suitable position within the City to which one of the employees will transfer. If accommodations of this nature are not feasible, the affected employees will be consulted to determine which of them will resign or request a transfer. However, the ultimate determination as to which employee must end employment or request a transfer shall be made in the sole discretion of the City. Situations which are impermissible under this policy but which existed prior to September 15, 1997 are exempt from this policy. Employees are encouraged to use discretion if they are involved in a personal relationship with another employee. If such a relationship occurs and, in the opinion of either employee's Department head or the City Manager, the relationship creates operational or morale problems, either or both employees may be reassigned to another position in the Department or to another Department if such reassignment is determined by the Department head or the City Manager to be in the best interests of the City. * For purposes of this Section, "family" means the employee's parent, child, spouse, sibling, mother -in -law, father - in -law, sister -in -law, brother -in -law, son -in -law, daughter -in -law, or any other person living in the employee's household. 50075301.2 II -3 ���� HHEIl \� UZ I OP OREUIN TY CITY OF SCHERTZ EMPLOYEE HANDBOOK Nepotism PREPARED BY: Human Resources APPROVED BY: City Council DATE APPROVED: TBD EFFECTIVE DATE: TBD REPLACES VERSION: 2.1.4 Purpose The City places limitations on the employment of relatives to comply with all applicable laws and to prevent a condition of conflict between personal relationships and a City employee's duties and responsibilities to the City. This policy is designed to prevent a supervisor /subordinate relationship between relatives. This policy is also designed to prevent favoritism or the perception of favoritism by other employees in the department and/or City. Applicability This policy is applicable to all employees, temporary employees, and interns. For the purposes of this policy, interns are defined as employees. Definitions Affinity — Includes the spouse of an elected City official or employee and individuals related to the spouse. Consanguinity — Includes individuals related by blood to an elected City official or employee. Department— A major administrative branch of the City that reports to a Department Head and provides management responsibility for a group of related functions. Nepotism — The practice of favoring relatives over others. Relatives — Includes, but is not limited to, the first, second and third degree of consanguinity (blood), adoption; and the first and second degree of affinity (marriage). Common Law marriages as recognized by the State of Texas will also be included for purposes of this policy. Adopted and foster children shall be counted as blood relatives. ���� HHEIl \� UZ I OP OREUIN TY CITY OF SCHERTZ EMPLOYEE HANDBOOK Consanguinity (relative by blood) First Degree Second Degree Third Degree Father or Mother Grandparents Great Grandparents Son or Daughter Grandchildren Great Grandchildren (& Spouse) (& Spouse) (& Spouse) Uncle or Aunt Great Uncle or Aunt (& Spouse) (& Spouse) Brother or Sister Children of Great Uncle or Aunt (& Spouse) (& Spouse) First Cousin Second Cousin (& Spouse) (& Spouse) Nephew or Niece Children of First Cousin (& Spouse) (& Spouse) Great Nephew or Niece (& Spouse) Affinity (relative by marriage) First Degree Second Degree Spouse Grandparents Father or Mother Grandchildren Son or Daughter Uncle or Aunt First Cousin Nephew or Niece Brother or Sister ���� HHEIl \� UZ I OP OREUIN TY CITY OF SCHERTZ EMPLOYEE HANDBOOK Policy Nepotism is the showing of favoritism toward a relative. The City forbids the practice of nepotism in hiring personnel or awarding contracts. Grandfather Clause: Employees hired before the effective date of this policy shall be allowed to continue working in their current positions. After the effective date of this policy, no person shall be hired by the City if their employment with the City could violate this policy. Relatives of Officials No person related to any elected City official, the City Manager, Executive Directors, or the Human Resources Director within the first, second, or third degree by consanguinity (blood) or within the first and second degree by affinity (marriage) shall be employed with the City. This prohibition does not apply to employees who have been continuously employed by the City for at least two (2) years prior to the election of a City official related in the prohibited degree or to temporary employees. Furthermore, per state law, this prohibition does not apply to an employee related to the City Manager in the prohibited degree where the employee has been continuously employed by the City for a period of at least 30 days prior to the appointment of the City Manager. Relatives of City Employees General Provisions: No City employee shall have a relative working in the same department or any division within the same department as him/her. Supervision: No City employee shall directly or indirectly supervise a relative or supervise the work quality of a relative. Furthermore, no City employee shall be transferred or promoted into positions that require them to supervise the work quality of a relative or be placed in a direct or indirect supervisor /subordinate relationship with a relative. No City employee shall hold a job where the employee exercises supervisory authority over the work, work assignments, working conditions, or compensationibenefits of any relative who is also employed by the City. Relatives shall not be employed in a position whereby they would share the same immediate supervisor. Applicants: At the time of application, all applicants must disclose the name(s) of any relative(s) serving as an elected City official and any relative(s) currently employed by the City. ���� HHEIl \� UZ I OP OREUIN TY CITY OF SCHERTZ EMPLOYEE HANDBOOK Promotions /Transfers: All employees who are being considered for promotion or who are being transferred to another position, (whether in the same department or to a position in another department), must disclose the name(s) of any relative(s) serving as an elected City official or any relative(s) currently employed by the City. Conflict of Interest: The City reserves the right to prohibit the hiring, transfer, or promotion of any employee relative to any position within the City if the employment action could create an adverse impact on work performance, work conditions, a conflict of interest for the City, or the appearance of a conflict of interest for the City. If a current employee has a relative elected to a position with the City, the employee must either resign his/her position or the relative elected to City office must resign his/her elected position unless the employee has been employed by the City for at least two (2) years prior to the election. Recommendations for Hiring: A current City employee shall not be involved in the hiring or selection of a relative. Disciplinary Actions: No supervisor or any employee with supervisory authority, including the City Manager, Executive Directors, or Department Heads, shall participate in the disciplinary process, disciplinary decisions, or disciplinary appeals involving his /her relative. Investigations: No employee, including the City Manager, Executive Directors, or Department Heads, shall oversee or have any responsibility in conducting any City or internal investigation involving his /her relative. Special Considerations Employees Who Become Relatives: If employees become relatives and are in a direct or indirect supervisor- subordinate relationship, or in positions where a condition of conflict would exist, one or both of the employees shall notify Human Resources of this change in relationship status. Either or both of the employees may seek a transfer or resign from their respective positions. The decision as to which employee will vacate his /her position will, initially, be left up to the affected employees. The affected employee(s) will have fourteen (14) calendar days after becoming relatives to seek and/or be selected for another City position not barred by this policy or any other City policy. If one of the employees fails to seek and /or be selected for another position not barred by this or other policy within fourteen (14) calendar days of becoming relatives, the employee who has the least seniority with the City, based upon the most recent hire date, will be required to vacate his /her position. The respective Department Head will consult with the Human Resources Department prior to any termination of employment. ���� HHEIl \� UZ I OP OREUIN TY CITY OF SCHERTZ EMPLOYEE HANDBOOK Transfer Accommodations: Accommodations may be provided to employees who are impacted by this policy if no positions are available for which the employee would qualify to transfer into within the fourteen (14) day period (see above- Employees Who Become Relatives). The following conditions will apply when accommodations are granted: The employee will be given the opportunity to apply or interview for jobs, within reason, on City time. The employee will be required to provide advanced notice to his /her supervisor (prior to the date of such interview or appointment) and work with the supervisor on scheduling such absences. 2. An employee who is offered a position with the City at a lower level than the one previously held will receive his /her former salary unless that salary is greater than the top of the range of the new position. In this case, the employee's new salary will be set at the top of the range of the new position. 3. Accommodations will not be given to an employee who refuses a bona fide job offer. Accommodations will not extend beyond six (6) months after the employees last day of work with the City. 4. Accommodations will only be given when the employee meets all minimum qualifications for the position in which he /she applies. 5. The City Manager will have the final approval on gLny accommodations. Related Policies Classification of Employment Progressive Discipline and Disciplinary Appeals Policy Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: December 10, 2013 Department: Public Works Subject: Resolution No. 13 -R -107 — A Resolution by the City Council of the City of Schertz, Texas authorizing an Interlocal Agreement between the City of Schertz, Texas and the Cibolo Creek Municipal Authority regarding relocation of a 16 -inch reclaimed waterline and other matters in connection therewith 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 water line 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 to be $135,086 to relocate the line. City Council approved 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 on December 3, 2013 by Ordinance 13 -T -57. CCMA will manage the relocation process and the City will be the financially responsible party. CCMA has requested that the City enter into an Interlocal Agreement to complete this project. Staff recommends that the City enter into an Interlocal Agreement with CCMA for the completion of the 16 -inch Reclaimed Waterline Relocation Project. Goal: To enter into an Interlocal Agreement with CCMA for the completion of the 16 -inch Reclaimed Waterline Relocation Project. Community Benefit: By entering into an Interlocal Agreement with CCMA and investing in relocating the reuse line, the City will save funds to repair Maske Road if the high - pressure line breaks. Summary of Recommended Action: Approve Resolution 13 -R -107 approving an Interlocal Agreement with CCMA for the completion of the 16 -inch Reclaimed Waterline Relocation Project. FISCAL IMPACT No fiscal impact to approve the Interlocal Agreement. STAFF RECOMMENDATION Staff recommends approval of Resolution No. 13 -R -107 ATTACHMENT(S) Resolution No. 13 -R -107 Interlocal Agreement between the City of Schertz and the Cibolo Creek Municipal Authority RESOLUTION NO. 13 -R -107 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING ADVANCEMENT OF FUNDS BY THE CITY TO THE CIBOLO CREEK MUNICIPAL AUTHORITY FOR THE RELOCATION OF A 16 -INCH RECLAIMED WATERLINE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an Interlocal Agreement Between the City of Schertz, Texas and the Cibolo Creek Municipal Authority Regarding the Relocation of a 16 -inch Reclaimed Waterline, in the form attached hereto as Exhibit A (the "Agreement ") regarding the relocation of a 16 -inch reclaimed waterline owned by the Authority and located on Live Oak Road at Schertz Parkway (the "Waterline "); and, WHEREAS, Cibolo Creek Municipal Authority, a conservation and reclamation district created and operating pursuant to Article XVI, § 59 of the Texas Constitution (the "Authority "), is the regional agency designated to provide regional wastewater service in the Cibolo Creek Watershed in the vicinity of the City; and WHEREAS, the City is faced with future growth within its city limits in the vicinity of Live Oak Road and Schertz Parkway; and WHEREAS, the City believes it is in the best interest of the City to relocate the Waterline based on the cost of relocation versus the cost estimates to repair one or two potential future breaks in the Waterline if the Waterline is located under the road; and WHEREAS, to assist the Authority in its efforts in, and for the purposes of, relocating said Waterline, the City agreed by Ordinance No. 13 -T -57 to fund the sum of One Hundred Thirty -Five Thousand Eighty -Six and No /100 Dollars ($135,086.00) from the City's Water Construction Funds to the Authority; and WHEREAS, the Authority and the City, exercising their respective mutual authorities, wish to enter into the Agreement to set forth the terms and conditions related to the City's advancement of funds to the Authority for relocation of said Waterline; and WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services, and pursuant to Chapter 791, Texas Government Code, as amended, and the general and special laws of the State of Texas, the Parties are authorized to enter into the Agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the Authority pursuant to the Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the Authority 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 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 10th day of December, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50702102.2 - 2 - EXHIBIT A INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING THE RELOCATION OF A 16 -INCH RECLAIMED WATERLINE 50702102.2 - 3 - INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING THE RELOCATION OF A 16 -INCH RECLAIMED WATERLINE This Interlocal Agreement Between the City of Schertz, Texas and the Cibolo Creek Municipal Authority Regarding the Relocation of a 16 -inch Reclaimed Waterline (the "Agreement ") regarding the payment by the City of Schertz, Texas, a Texas municipal corporation (the "City"), to the Cibolo Creek Municipal Authority, a conservation and reclamation district created and operating pursuant to Article XVI, § 59 of the Texas Constitution (the "Authority "), of One Hundred Thirty -Five Thousand Eighty -Six and No /100 Dollars ($135,086.00) for expenses related to the relocation of 16" High Pressure Reuse Line owned by the Authority and located on Live Oak Road at Schertz Parkway (the "Waterline ") and regarding the Authority's relocation of said Waterline, is entered into between the City and the Authority, to be effective as of the date on which the last Party signs this Agreement (the "Effective Date "). The City and the Authority are collectively referred to herein as the "Parties" and are each a "Party ". WITNESSETH: WHEREAS, the Authority is the regional agency designated to provide regional wastewater service in the Cibolo Creek Watershed in the vicinity of the City; and WHEREAS, the City is faced with future growth within its city limits in the vicinity of Live Oak Road and Schertz Parkway; and WHEREAS, the City believes it is in the best interest of the City to relocate the Waterline based on the cost of relocation versus the cost estimates to repair one or two potential future breaks in the Waterline if the Waterline is located under the road; and WHEREAS, to assist the Authority in its efforts in, and for the purposes of, relocating the Waterline, the City of Schertz hereby agrees and agreed by Ordinance No. 13 -T -57 to fund the sum of One Hundred Thirty-Five Thousand Eighty -Six and No /100 Dollars ($135,086.00) from the Water Construction Funds to the Authority; and WHEREAS, the Authority and the City, exercising their respective mutual authorities, wish to enter into this Agreement to set forth the terms and conditions related to the City's advancement of funds to the Authority for relocation of said Waterline; and WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services, and pursuant to Chapter 791, Texas Government Code, as amended, and the general and special laws of the State of Texas, the Parties are authorized to enter into this Agreement. AGREEMENT: NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the sufficiency of which are acknowledged, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: I. Advancement of Funds 1.1 The City agrees to advance funds to the Authority in the sum of One Hundred Thirty- Five Thousand Eighty -Six and No /100 Dollars ($135,086.00) (the "Funds ") for use by the Authority to relocate the Waterline. 1.2 The City will advance such Funds to the Authority at such time as the Authority has entered into a contract, containing terms mutually agreeable to the Authority and the City, for relocation of said Waterline (the "Relocation Contract "). 1.3 The Funds shall be used by the Authority solely for the purpose of relocating the Waterline in accordance with the Relocation Contract. Any Funds not expended for the relocation of the Waterline shall promptly be returned by the Authority to the City. 1.4 The Authority shall enter into a Relocation Contract no later than January 10, 2014, and the Authority shall complete, or cause to be completed, the relocation of the Waterline no later than July 10, 2014. II. Binding Effect; Benefiting Parties 2.1 This Agreement shall bind and benefit the respective Parties and their legal successors, but shall not otherwise be assignable, in whole or in part, by either Party without first obtaining the written consent of the other Party. 2.2 This Agreement inures to the benefit of and obligates only the Parties. No term or provision of this Agreement shall benefit or obligate any person or entity not a Party to the Agreement. The Parties shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this Agreement. III. Governmental Functions; Liability; No Waiver of Immunity or Defenses 3.1 Notwithstanding any provision to the contrary herein, this Agreement is a contract for and with respect to the performance of governmental functions by governmental entities. 3.1.1 The services provided for herein are governmental functions, and the City and the Authority shall be engaged in the conduct of a governmental function while providing and/or performing any service pursuant to this Agreement. -2- 3.1.2 The relationship of the Authority and the City shall, with respect to that part of any service or function undertaken as a result of or pursuant to this Agreement, be that of independent contractors. 3.1.3 Nothing contained herein shall be deemed or construed by the Parties, or by any third party, as creating the relationship of principal and agent, partners, joint venturers, or any other similar such relationship between the Parties. 3.2 Each Party reserves and does not waive any defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from or in connection with this Agreement. This Agreement shall not be interpreted nor construed to give to any third party the right to any claim or cause of action, and neither the City nor the Authority shall be held legally liable for any claim or cause of action arising pursuant to or in connection with this Agreement except as specifically provided herein or by law. 3.3 Neither Party waives or relinquishes any immunity or defense on behalf of itself, its trustees, councilmembers, officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants and agreements contained herein. IV. Notices 4.1 All correspondence and communications concerning this Agreement shall be directed to: SCHERTZ: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager With a copy to: Denton, Navarro, Rocha & Bernal, P.C. 2517 N. Main Ave. San Antonio, Texas 78212 Attention: Charles Zech AUTHORITY: Cibolo Creek Municipal Authority By mail: P.O. Box 930 Schertz, Texas 78154 By personal delivery: 100 Dietz Road Schertz, Texas 78154 Attention: Clint Ellis With a copy to: Adams & Flake, Inc. 1001 Pat Booker Road, Suite 200 Universal City, Texas 78148 -4199 Attention: Harry B. Adams III -3- Notices required hereunder shall be hand - delivered or sent by prepaid certified mail, return receipt requested. V. Severability 5.1 If any provision of this Agreement shall be deemed void or invalid, such provision shall be severed from the remainder of this Agreement, which shall remain in force and effect to the extent that it does not destroy the benefit of the bargain. VI. Entire Agreement 6.1 This Agreement is the entire agreement between the City and the Authority as to the subject matter hereof and supersedes any prior understanding or written or oral agreement relative to the subject matter hereof. This Agreement may be amended only by written instrument duly approved and executed by both Parties in accordance with the formalities of this Agreement. VII. Governing Law; Venue 7.1 All Parties agree that this Agreement shall be construed under the laws of the State of Texas, and obligations under the Agreement shall be performed in Guadalupe County, Texas. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in the State District Court of Guadalupe County, Texas. The Parties agree to submit to the jurisdiction of said court. [ Signatures and acknowledgements on the following pages] Q SIGNATURE PAGE TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING THE RELOCATION OF A 16 -INCH RECLAIMED WATERLINE The Parties hereto have executed this Agreement as of the dates set forth below to be effective as of the Effective Date. CITY OF SCHERTZ, TEXAS John C. Kessel, City Manager THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the day of , 2013, by John C. Kessel, the City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of said City. [ Seal ] S -1 Notary Public in and for the State of Texas SIGNATURE PAGE TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING THE RELOCATION OF A 16 -INCH RECLAIMED WATERLINE CIBOLO CREEK MUNICIPAL AUTHORITY Clint Ellis, General Manager THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the day of , 2013, by Clint Ellis, the General Manager of the Cibolo Creek Municipal Authority, on behalf of said entity. [ Seal ] S -2 Notary Public in and for the State of Texas Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: December 10, 2013 Department: City Council Subject: Boards, Committees, and Commission appointments /reappointments and Resignations BACKGROUND The Schertz Economic Development Corporation currently has a vacancy as a result of the Matthew Duke being elected as Councilmember. The City Secretary's office has received the following applications: Sydney Verinder, Schertz Economic Development Corporation FISCAL IMPACT None RECOMMENDATION Staff recommends Council ratify the appointments of the following: Sydney Verinder to the Schertz Economic Development Corporation Attachments Applications: Sydney Verinder Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: December 10, 2013 Department: City Secretary Subject: Resolution No. 13 -R -105 — Re- canvassing the results of the November 5, 2013 General Election results because of changes in the Comal County, Texas vote totals resulting from the November 21, 2013 2013 Court- Ordered recount of the Comal County, Texas Votes. BACKGROUND An election was duly held in the City of Schertz, Texas (the "City "), on November 5, 2013 to elect Councilmembers for Places 3, 4, and 5 (the "City Election "). Comal County, Texas ( "Comal County ") administered the portion of the City Election for City residents who were registered voters residing in Comal County (the " Comal County Portion of the City Election "). Likewise, Guadalupe County, Texas ( "Guadalupe County ") administered the portion of the City Election for City residents who were registered voters residing in Guadalupe County (the "Guadalupe County Portion of the City Election "), and Bexar County, Texas (` Bexar County ") administered the portion of the City Election for City residents who were registered voters residing in Bexar County (the ` Bexar County Portion of the City Election "). The administrators of the City Election provided to the City, as required by applicable Texas law, the City Election results, as tabulated by the administrators on the night of the City Election. As required by applicable Texas law, Mayor Carpenter and the City Council duly canvassed the results of the City Election on November 18, 2013. On November 19, 2013, in Cause No. C2013- 152813, In Re: Recount of Comal County November S, 2013 Elections: State Constitutional Election; Comal ISD Election; City of Schertz Election; Cibolo Creek Municipal Authority Election, in the District Court of Comal County, Texas, 274th Judicial District, the court issued an Order Granting Petitioner Comal County, Texas' Petition for Official Election Recount (the "Order "). The Order required a recount of all of the votes cast (including early voting, mail -in ballots, and election day voting) in all of the elections (or portions of the elections) administered by Comal County in connection with the November 5, 2013 state constitutional election, the Comal ISD election, the City Election, and the Cibolo Creek Municipal Authority election (collectively, the "Recount "). The Recount was conducted on Thursday, November 21, 2013. As a result of the Recount, the vote results from the Comal County Portion of the City Election changed. City Council Memorandum Page 2 With respect to the City Election, the Recount only included the Comal County Portion of the City Election and not the Guadalupe County Portion of the City Election and the Bexar County Portion of the City Election, which results from the Guadalupe County Portion of the City Election and the Bexar County Portion of the City Election remain the same. The Order requires the City to re- canvass the results of the City Election if the Recount changes the results of the Comal County Portion of the City Election. The reported votes from Guadalupe County and Bexar County as canvassed by Resolution No. 13 -R -99 and the revised results of the Comal County Portion of the City Election as determined by the Recount establish the following results for the City Election: Bexar Bexar Comal Comal Guadalupe Guadalupe County County County County County County Total EV* ED EV* ED EV* ED Votes Place 3 Daryl John 20 10 15 7 602 519 1173 Bert Crawford 15 14 17 4 563 431 1044 Place 4 Grumpy Azzoz 11 12 20 3 602 470 1118 Cedric Edwards 24 14 18 6 605 529 1196 Place 5 Matthew Duke 22 15 18 6 614 509 1184 Richard Dziewit 11 9 15 4 512 420 971 TOTAL 103 74 103 30 3498 2878 6686 * EV includes early voting and mail -in ballots. Although the Recount results change the total number of votes cast in the City Election results, the Recount results do not change the winners of the City Election. FISCAL IMPACT None RECOMMENDATION Approve Resolution No. 13 -R -105, re- canvassing the election results and reaffirming the winners of the election. ATTACHMENTS Resolution No. 13 -R -105 RESOLUTION NO. 13 -R -105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, RE- CANVASSING THE RESULTS OF THE NOVEMBER 5, 2013 GENERAL ELECTION RESULTS BECAUSE OF CHANGES IN THE COMAL COUNTY, TEXAS VOTE TOTALS RESULTING FROM THE NOVEMBER 21, 2013 COURT - ORDERED RECOUNT OF THE COMAL COUNTY, TEXAS VOTES WHEREAS, an election was duly held in the City of Schertz, Texas (the "City "), on November 5, 2013 to elect Councilmembers for Places 3, 4, and 5 (the "City Election "); and WHEREAS, Comal County, Texas ( "Comal County ") administered the portion of the City Election for City residents who were registered voters residing in Comal County (the "Corral County Portion of the City Election "); and WHEREAS, likewise, Guadalupe County, Texas ( "Guadalupe County ") administered the portion of the City Election for City residents who were registered voters residing in Guadalupe County (the "Guadalupe County Portion of the City Election "), and Bexar County, Texas ( "Bexar County ") administered the portion of the City Election for City residents who were registered voters residing in Bexar County (the `Bexar County Portion of the City Election "); and WHEREAS, the administrators of the City Election provided to the City, as required by applicable Texas law, the City Election results, as tabulated by the administrators on the night of the City Election; and WHEREAS, as required by applicable Texas law, Mayor Carpenter and the City Council duly canvassed the results of the City Election on November 18, 2013; and WHEREAS, on November 19, 2013, in Cause No. C2013- 1528B, In Re: Recount of Comal County November 5, 2013 Elections: State Constitutional Election; Comal ISD Election; City of Schertz Election; Cibolo Creek Municipal Authority Election, in the District Court of Comal County, Texas, 274th Judicial District, the court issued an Order Granting Petitioner Comal County, Texas' Petition for Official Election Recount (the "Order "); and WHEREAS, the Order required a recount of all of the votes cast (including early voting, mail -in ballots, and election day voting) in all of the elections (or portions of the elections) administered by Comal County in connection with the November 5, 2013 state constitutional election, the Comal ISD election, the City Election, and the Cibolo Creek Municipal Authority election (collectively, the "Recount "); and WHEREAS, the Recount was conducted on Thursday, November 21, 2013; and WHEREAS, as a result of the Recount, the results from the Comal County Portion of the City Election changed; WHEREAS, with respect to the City Election, the Recount only included the Comal County Portion of the City Election and not the Guadalupe County Portion of the City Election and the Bexar County Portion of the City Election, which results from the Guadalupe County Portion of the City Election and the Bexar County Portion of the City Election remain the same; and WHEREAS, the Order requires the City to re- canvass the results of the City Election if the Recount changes the results of the Comal County Portion of the City Election; and WHEREAS, the reported votes from Guadalupe County and Bexar County as canvassed by Resolution No. 13 -R -99 and the revised results of the Comal County Portion of the City Election as determined by the Recount establish the following results for the City Election: Bexar Bexar County County EV* ED Place 3 Daryl John 20 Bert Crawford 15 Place 4 Grumpy Azzoz 11 Cedric Edwards 24 Place 5 Matthew Duke 22 Richard Dziewit 11 TOTAL 103 * EV includes early voting and mail -in ballots. 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 City Election as set forth above reflect the reported votes from Guadalupe County and Bexar County as canvassed by Resolution No. 13 -R -99 and the revised results of the Comal County Portion of the City Election as determined by the Recount, and the re- canvass of votes is hereby approved. SECTION II The total of votes cast during early voting (including mail -in ballots) was 3704, and 2982 votes were cast on Election Day. The total number of votes cast in the City Election was 6686. Page 2 Comal Comal Guadalupe Guadalupe County County County County Total EV* ED EV* ED Votes 10 15 7 602 519 1173 14 17 4 563 431 1044 12 20 3 602 470 1118 14 18 6 605 529 1196 15 18 6 614 509 1184 9 15 4 512 420 971 74 103 30 3498 2878 6686 * EV includes early voting and mail -in ballots. 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 City Election as set forth above reflect the reported votes from Guadalupe County and Bexar County as canvassed by Resolution No. 13 -R -99 and the revised results of the Comal County Portion of the City Election as determined by the Recount, and the re- canvass of votes is hereby approved. SECTION II The total of votes cast during early voting (including mail -in ballots) was 3704, and 2982 votes were cast on Election Day. The total number of votes cast in the City Election was 6686. Page 2 SECTION III Daryl John is hereby reaffirmed to have been elected to the Office of Councilmember Place 3. Cedric Edwards is hereby reaffirmed to have been elected to the Office of Councilmember Place 4. Matthew Duke is hereby reaffirmed to have been elected to the Office of Councilmember Place 5. SECTION IV 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 V 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 VI This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION VII 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 VIII 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 IX This Resolution shall be in force and effect from and after its final passage, and it is so resolved. Page 3 PASSED, APPROVED AND ADOPTED this 10th day of December, 2013. Michael R. Carpenter, Mayor Attest: Brenda Dennis, City Secretary Page 4 SUMMARY REPT -GROUP DETAIL JOINT AMENDMENT / SPECIAL ELEC 2,436 11 COMAL COUNTY, TEXAS 0 0 63 NOVEMBER 5, 2013 RUN DATE:11 /22/13 09:45 AM TOTAL VOTES % EV PRECINCTS COUNTED (OF 38) . . . . . 38 100.00 REGISTERED VOTERS - TOTAL . . . . . 0 BALLOTS CAST - TOTAL. . . . . . . 16,039 8,830 PROPOSITION 1 COMAL COUNTYWIDE VOTE FOR 1 FOR . . . . . . . . . . . . 11,199 86.57 5,689 AGAINST . . . . . . . . . . . 1,737 13.43 908 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 199 116 PROPOSITION 2 COMAL COUNTYWIDE VOTE FOR 1 FOR . . . . . . . . . . . . 11,088 86.92 5,658 AGAINST . . . . . . . . . . . 1,669 13.08 832 Over Votes . . . . . . . . . 1 0 Under Votes . . . . . . . . . 377 223 PROPOSITION 3 COMAL COUNTYWIDE VOTE FOR 1 FOR . . . . . . . . . . . . 7,164 57.64 3,785 AGAINST . . . . . . . . . . . 5,264 42.36 2,535 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 707 393 PROPOSITION 4 COMAL COUNTYWIDE VOTE FOR 1 FOR . . . . . . . . . . . . 10,822 84.07 5,500 AGAINST . . . . . . . . . . . 2,050 15.93 1,046 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 263 167 PROPOSITION 5 COMAL COUNTYWIDE VOTE FOR 1 FOR . . . . . . . . . . . . 7,251 57.66 3,762 AGAINST . . . . . . . . . . . 5,324 42.34 2,635 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 560 316 PROPOSITION 6 COMAL COUNTYWIDE VOTE FOR 1 FOR . . . . . . . . . . . . 8,098 62,98 4,343 AGAINST . . . . . . . . . . . 4,760 37.02 2,186 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 277 184 REPORT -EL45A PAGE 001 MAIL ED PROV 771 6,409 29 674 4,813 23 41 784 4 0 0 0 9 74 0 641 4,764 25 65 771 1 1 0 0 17 136 1 379 2,986 14 282 2,436 11 0 0 0 63 249 2 652 4,648 22 56 944 4 0 0 0 16 79 1 414 3,062 13 270 2,406 13 0 0 0 40 203 1 521 3,216 18 194 2,371 9 0 0 0 9 84 0 SUMMARY REPT -GROUP DETAIL JOINT AMENDMENT / SPECIAL ELEC 544 COMAL COUNTY, TEXAS 13 153 NOVEMBER 5, 2013 12 RUN DATE:11 /22/13 09:45 AM 0 0 27 201 TOTAL VOTES X EV PROPOSITION 7 COMAL COUNTYWIDE VOTE FOR 1 FOR . . . . . . . . . . . . 9,059 72.09 4,685 AGAINST . . . . . . . . . . . 3,507 27.91 1,689 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 569 339 PROPOSITION 8 COMAL COUNTYWIDE VOTE FOR 1 FOR . . . . . . . . . . . . 8,756 72.59 4,566 AGAINST . . . . . . . . . . . 3,307 27.41 1,572 Over Votes . . . . . . . . . 1 0 Under Votes . . . . . . . . . 1,071 575 PROPOSITION 9 COMAL COUNTYWIDE VOTE FOR 1 FOR . . . . . . . . . . . . 10,710 85.11 5,494 AGAINST . . . . . . . . . . . 1,874 14.89 879 Over Votes . . . . . . . . . 2 0 Under Votes . . . . . . . . . 549 340 Council Member, Place 3 CITY OF SCHERTZ VOTE FOR 1 Daryl John . . . . . . . . . . 22 51.16 15 Bert Crawford . . . . . . . . . 21 48.84 12 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 26 15 Council Member, Place 4 CITY OF SCHERTZ VOTE FOR 1 Grumpy Azzoz . . . . . . . . . 23 48.94 17 Cedric Edwards. . . . . . . . . 24 51.06 13 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 22 12 Council Member, Place 5 CITY OF SCHERTZ VOTE FOR 1 Matthew Duke . . . . . . . . . 24 55.81 16 Richard Dziewit . . . . . . . . 19 44.19 12 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 26 14 COMAL ISD BOND ELECTION VOTE FOR 1 FOR . . . . . . . . . . . . 6,134 46.00 4,194 AGAINST . . . . . . . . . . . 7,202 54.00 3,286 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 85 30 REPORT -EL45A PAGE 002 MAIL ED PROV 544 3,817 13 153 1,653 12 0 0 0 27 201 2 485 3,690 15 149 1,577 9 1 0 0 89 404 3 617 4,578 21 81 910 4 2 0 0 24 183 2 0 7 0 5 4 0 0 0 0 4 7 0 3 3 0 5 6 0 0 0 0 1 9 0 2 6 0 3 4 0 0 0 0 4 8 0 245 1,690 5 294 3,605 17 0 0 0 6 49 0 f MARY REPT -GROUP DETAIL JOINT AMENDMENT / SPECIAL ELEC COMAL COUNTY, TEXAS NOVEMBER 5, 2013 `RUN DATE:11 /22/13 09:45 AM TOTAL VOTES I x EV Place 3 CIBOLO CREEK MUNICIPAL AUTHORITY VOTE FOR 1 Richard Braud . . . . . . . . . 71 100.00 39 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 99 54 Place 4 CIBOLO CREEK MUNICIPAL AUTHORITY VOTE FOR 1 JC Dufresne. . . . . . . . . . 25 35.21 18 T. "Jake" Jacobs . . . . . . . . 46 64.79 21 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 99 54 Place 5 CIBOLO CREEK MUNICIPAL AUTHORITY VOTE FOR 1 Bobby D. Greaves . . . . . . . . 67 100.00 38 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 103 55 REPORT -EL45A PAGE 003 MAIL ED PROV 1 31 0 0 0 0 8 37 0 0 7 0 1 24 0 0 0 0 8 37 0 1 28 0 0 0 0 8 40 0 �f elfi-4 Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: December 10, 2013 Department: Council Subject: Resolution No. 13 -R -102 - Guadalupe County Appraisal District Board of Directors BACKGROUND The City has received a letter regarding the Official Ballot to cast votes for the Board of Directors election for the Guadalupe Appraisal District. Direction and a resolution format for submission are included. Per Section 6.03(k) of the Texas Property Tax Code, the governing body of each taxing unit entitled to vote shall determine by resolution and submit its vote by way of returning the ballot to the chief appraiser prior to December 15, 2013. Taxing units allotted votes may be cast for one candidate or may distributed among any number of candidates. The chief appraiser shall count the votes, declare the candidates who receive the largest cumulative vote total, and submit the results prior to December 31, 2013 to the governing body of each taxing unit who participated in the election and to each of the candidates. The City has 339 votes to cast. The Candidates are: • Mr. Darren Dunn • Dr. Greg Gilcrease • Mr. Jay Hogue • Mrs. Tavie Murphy • Mr. Louis R. Ramirez, Sr. • Mr. Mark Wilson Schertz - Cibolo- Universal City ISD has cast 1,000 votes for Mr. Wilson, a trustee at the District, and for 472 votes for Dr. Gilcrease. Guadalupe County has cast all of its votes, 957 for Tax Assessor - Collector Tavie Murphy. A total of 5,000 votes are allocated amongst the 21 jurisdictions that are clients of the Appraisal District. FISCAL IMPACT None RECOMMENDATION City Council Memorandum Page 2 Staff recommends Council review the candidates and cast their 339 votes toward the above candidates. One possible option is for Council to cast their 339 votes toward the above candidates as follows: 68 votes each for Dunn, Gilcrease, Hogue, and Murphy and 67 votes for Wilson. ATTACHMENT Appraisal District letter and ballot RESOLUTION NO. 13 -R -102 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE GUADALUPE COUNTY APPRAISAL DISTRICT FOR THE 2014- 2015 TERM. WHEREAS, section 6.03(k), of the Texas Property Tax Code, as amended by HB2043, requires that each taxing unit entitled to vote cast their votes by Resolution and submit results of that vote to the Chief Appraiser of the Guadalupe County Appraisal District on or before December 15, 2013. THEREFORE, THE City of Schertz, Schertz Texas submits the attached Official Ballot, as issued by the Chief Appraiser, stating the vote for candidates for the election of the Board of Directors for the Guadalupe Appraisal District for 2014 -2015. ACTION TAKEN this 3rd day of December 2013, in Regular Session of the governing body of the above mentioned taxing unit; as authorized under Section 6.03(k) of the Texas Property Tax Code, and amended by HB2043, for the purpose of casting votes to elect the Board of Directors of the Guadalupe County Appraisal District. PASSED AND ADOPTED, this 10TH day of December, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter,-Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Main Office p 3000 N. Austin St. Seguin, Texas 78155 (830)303 -3313 A U(830)372 -2874 (Fax) October 25, 2013 City of Schertz Michael Carpenter, Mayor Attn: John Kessel, City Manager 1400 Schertz Pkwy. Schertz, Texas 78154 To Whom It May Concern: GUADALUPE APPRAISAL DISTRICT Schertz Substation 1101 Ethel Rd. Schutz, Texas 78154 (210)945 -9708 Ext. 202 (210)566 -1334 (Fas) Board of Directors Dr. Greg Gilcrease- Chairman Mrs. Tavie Murphy- Alice Chair Mrs. Sylvia Schlather- Secretary Mr. Dairen Dunn- Member Mr. Mark Wilson- Member Chief Al maiser Jamie Oslwrne Denuly Chief Aomaiser Erich Strcy Enclosed is an Official Ballot to cast votes for the Guadalupe Appraisal District's Board of Directors election. Directions and a resolution format for submission are enclosed. Per Section 6.03(k) of the Texas Property Tax Code, the governing body of each taxing unit entitled to vote, shall determine by resolution and submit its vote by way of returning the ballot to the chief appraiser before December 15, 2013. Taxing units allotted votes may be cast for one candidate or may distributed among any number of candidates. The chief appraiser shall count the votes, and declare the five candidates who receive the largest cumulative vote totals. The results shall be submitted before December 31, 2013 to the governing body of each taxing unit in the District and to the candidates. Please call if you should have any questions in this regard. OFFICIAL BALLOT TO ELECT BOARD OF DIRECTORS FOR THE GUADALUPE APPRAISAL DISTRICT FOR 2014 -2015 Issued to: CITY OF SCHERTZ Directions: Please enter the number of votes cast on the blank space opposite the name of the candidate. You may cast all of your votes for one candidate, or divide those votes among any number of the candidates. You have 339 total available votes. CANDIDATES (listed alphabetically) 1. Mr. Darren Dunn 2. Dr. Greg Gilcrease 3. Mr. Jay Hogue 4. Mrs. Tavie Murphy 5. Mr. Louis R. Ramirez, Sr. 6. Mr. Mark Wilson RESOLUTION OF VOTES CAST TO ELECT DIRECTORS FOR THE GUADALUPE APPRAISAL DISTRICT FOR THE 2014 -2015 TERM WHEREAS, Section 6.03(k), of the Texas Property Tax Code, as amended by HB2043, requires that each taxing unit entitled to vote cast their vote by Resolution and submit results of that vote to the Chief Appraiser of the Guadalupe Appraisal District before December 15, 2013. THEREFORE, THE submits the above Official Ballot, as issued by the Chief Appraiser, stating the vote for candidates for the election of the Board of Directors for the Guadalupe Appraisal District for 2014 -2015. ACTION TAKEN this day of , 2013, in Session of the governing body of the above mentioned taxing unit; as authorized under Section 6.03(k) of the Texas Property Tax Code, and amended by HB2043, for the purpose of casting votes to elect the Board of Directors of the Guadalupe Appraisal District. ATTEST: Signature of Presiding Officer Title GUADALUPE APPRAISAL DISTRICT n Main Office Schein Substation Board of Directors "a` 3000 N. Austin St 1101 Ethel Rd. Dr. Greg Gilcrease- Chairman Seguin, Texas 78155 Schertz, Texas 78154 Mrs. Tavie Murphy -Vice Chair (830)303 -3313 (210)945 -9708 Ext. 202 Mrs. Sylvia Schlather- Secretary (830)372.2874 (Fax) (210)566 -1334 (Fax) Mr. Darren Dunn- Member o Mr. Mark Wilson- Member August 12, 2013 City of Schertz Attn: Mayor Carpenter, City Manager Kessel and City Secretary Dennis 1400 Schertz Pkwy. Schertz, Texas 78154 Dear Mayor Carpenter, City Manager Kessel and City Secretary Dennis, Jamie Deputy Chief Anuraiser Erich St ey Per Section 6.03 (b.) of the Texas Property Tax Code, the terms of all members of the Guadalupe Appraisal District Board of Directors will expire on December 31, 2013. In light of that, this letter is forwarded to the required representatives of the taxing units entitled to participate in the nomination and voting process for the directors to serve the next two year term. Following is a brief timeline of this process: • The chief appraiser delivers notice of election and voting entitlement to the taxing units. • Each taxing unit may nominate by resolution one candidate for each directorship to be filled (5 directorships are to be filled). Nominations by way of resolution must be submitted to the chief appraiser no later than October 15, 2013. • The chief appraiser will then prepare and deliver a ballot of all nominees to each taxing unit by October 30, 2013. • The governing body of each taxing unit must determine their vote by resolution and submit to the chief appraiser on or before December 15, 2013. • The chief appraiser will tabulate the votes, declare the winners and submit the results to the governing body of each taxing unit prior to December 31, 2013. Nominee Qualifications Section 6.03 (a.) of the Texas Property Tax Code states that to be eligible to serve on the board of directors, an individual must be a resident of the district and must have resided in the district for at least two years immediately preceding the date the individual takes office. Section 6.035 (a.) of the Texas Property Tax Code disqualifies an individual from serving as a director if that individual owns property on which delinquent property taxes have been owed for more than 60 days. This restriction is not applicable under installment agreements or deferrals. There are also restrictions which outline prohibited family relations. Enclosed is a Statement of Qualifications to be completed by each nominee and turned in to the Guadalupe Appraisal District with formal nominations. Voting Allocation Enclosed, you will find a summary of the voting entitlement of the taxing units participating in the nomination and election for the Guadalupe Appraisal District board of directors for the 2014/2015 term. City of Schertz will have 339 votes to cast in this election process. Votes may be allocated to one nominee or votes may be distributed to more than one nominee. The nominees who receive the largest cumulative vote total are declared the directors for the next two years. Should you have any questions in regard to this process, do not hesitate to contact Rose Radtke in our office. Thank you for your time and effort in this regard. Sic Iy, I Ja Osborne, R.P.A. Chief Appraiser GUADALUPE APPRAISAL DISTRICT BOARD OF DIRECTORS Statement of Qualifications Per Texas Property Tax Code To serve on the Board of Directors for an appraisal district, the Texas Property Tax Code states the following: • Section 6.03 Board of Directors (a) The appraisal district is governed by a board of directors. Five directors are appointed by the taxing units that participate in the district as provided by this section. If the county assessor - collector is not appointed to the board, the county assessor - collector serves as a nonvoting director. The county assessor - collector is ineligible to serve if the board enters into a contract under Section 6.05(b) or if the commissioners, court of the county enters into a contract under Section 6.24(b). To be eligible to serve on the board of directors, an individual other than a county assessor - collector serving as a nonvoting director must be a resident of the district and must have resided in the district for at least two years immediately preceding the date the individual takes office. An individual who is otherwise eligible to serve on the board is not ineligible because of membership on the governing body of a taxing unit. An employee of a taxing unit that participates in the district is not eligible to serve on the board unless the individual is also a member of the governing body or an elected official of a taxing unit that participates in the district. • Section 6.035 Restrictions on Eligibility and Conduct of Board Members and Their Relatives (a) An individual is ineligible to serve on an appraisal district board of directors and is disqualified from employment as chief appraiser if the individual: (1.) is related within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to an individual who is engaged in the business of appraising property for compensation for use in proceedings under this title or of representing property owners for compensation in proceedings under this title in the appraisal district.; or (2.) owns property on which delinquent taxes have been owed to a taxing unit for more than 60 days after the date the individual knew or should have known of the delinquency unless: (A.) the delinquent taxes and any penalties and interest are being paid under an installment payment agreement under Section 33.02; or (B.) a suit to collect the delinquent taxes is deferred or abated under Section 33.06 or 33.065. 83`d Session Legislative Change- HB 585 SECTION 4. Section 6.035, Tax Code, is amended by adding Subsection (a -1) to read as follows: (a -1) An individual is ineligible to serve on an appraisal district board of directors if the individual has engaged in the business of appraising property for compensation for use in proceedings under this title or of representing property owners for compensation in proceedings under this title in the appraisal district at any time during the preceding five years. (b) A member of an appraisal district board of directors or a chief appraiser commits an offense if the board member or the chief appraiser remains employed knowing that an individual related within the second degree by consanguinity of affinity, as determined under Chapter 573, Government Code, to the board member or chief appraiser is engaged in the business of appraising property for compensation for use in proceedings under this title or of representing property owners for compensation in proceedings under this title in the appraisal district in which the member serves in the appraisal district in which the member serves or the chief appraiser is employed. . An offense under this subsection is a Class B misdemeanor. • Section 6.036 Interest in Certain Contracts Prohibited (a) An individual is not eligible to be appointed to or to serve on the board of directors of an appraisal district if the individual or a business entity in which the individual has a substantial interest is a party to a contract with: (1) the appraisal district; or (2) a taxing unit that participates in the appraisal district, if the contract relates to the performance of an activity governed by this title. (b) An appraisal district may not enter into a contract with a member of the board of directors of the appraisal district or with a business entity in which a member of the board has a substantial interest. (c) A taxing unit may not enter into a contract relating to the performance of an activity governed by this title with a member of the board of directors of an appraisal district in which the taxing unit participates or with a business entity in which a member of the board has a substantial interest. (d) For purposes of this section, an individual has a substantial interest in a business entity if: (1) the combined ownership of the individual and the individual's spouse is at least 10 percent of the voting stock or shares of the business entity; or (2) the individual or the individual's spouse is a partner, limited partner, or officer of the business entity. (c) In this section, "business entity" means a sole proprietorship, partnership, firm, corporation, holding company, joint -stock company, receivership, trust, or other entity recognized by law. Statement I have reviewed the requirements and restrictions, and hereby swear and affirm that I conform to the qualifications to serve as a member of Board of Directors for the Guadalupe Appraisal District. Signature of Nominee Printed name of Nominee Contact Phone Number Date Street Address of Nominee's Residency City State zip � o O W V O) (n A W N - O O W V O) (n A W N 117 O N .t N 0 w m z O --1 z G) m z r m m z N O A N 0 3 v, W D v O n v X m n q /0 VI m r m 0 O z C Q O to ( p r (D p Z � 0 c7 O- d n O N m o - n O C =1 r- J. Co v wm N p N n C O' Z C J 65 p _ p' O Z Um cn p m n p 0. O ". n W m. m. 0 Cm 0 n 3. 0 c _ o 0 _ 0, pO l fx30 '- M -' N1 O " co W W W N W N O) N O) N m N V WV O O) Ch A co O W N O) OD w O O) -� OJ O N W (A O W W W V n N A Co O co --� O) O O (-O V OW . WOo D � A N A -� IV O O V (+) W O C A (D (D V W 3 w Zo V V N N W O N A (W)) W A m �: W O 0) W O W V Cl) (D A N V W (D G) (J N CD -� O) W ..' 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CO CO CO m CO au aD W w CO W CO CO ao aD ao CO au m oD ao au CD V V V V V V V V V V V V V V V V V V V V V N CO N co N N N N N N N N N N N N N N N N N N N N '0 w O W CD CD OD CD W W 0) co OD co CD co W W DD W OD QD CD IV N N IJ N " N N N N IJ N N N N IJ N N N N N N V V V V V V V V V V V V V V V V V V V V V' 'V w w CO w w w w w w w w w w W CO w W w w w w W W W W is (a is W W W W (a w (a W is W W W (a W W W p w w W w W w w w W w w w w W W W W W W w W w If II II If II 11 II 11 If II II II II II 11 If II II II If II II 4 -o 0 r O O O O O O O O O O O O O O O O O O O O O O (o O O O O O O O O O O O O -� N O O O O O O O' (D -, o o A O O O O o O O o O A o -> A W A CO (D w O) W O o 7 O W N N W O O O O) W --� CO W W CO CO N W V (D AA A W V V W W O O: W O) N O O O) CO CO W N W --� OD O OD W V O) V W O N Ut co W rh N O A V " O V O) V A CO W W OD O N N A O A co . r m X X X X X X X X X X X X X X X X X X X X X X W_ O) O) O) N N O) O) O1 (n (n OI (DI O) O) Ol (n D) O) U) UI Vt N G.,. O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o O O o O O O o O O O o 0 CD 0 0 o O O II II 11 If II 11 II 11 II II II 11 II 11 II II II II II II II II - m o' w O co N N N A N CO 3 N O A -ti W -� 0 m O V N O O w O) O O m N (OD [WO (w0 (On 0) N y. 117 O N .t N 0 w m z O --1 z G) m z r m m z N O A N 0 3 v, W D v O n v X m n q /0 VI m r m 0 O z Page 1 of 1 Dennis, Brenda From: Tavle Murphy [tavie @co.guadalupe.tx.us) Sent: Wednesday, December 04, 2013 1:19 PM To: Dennis, Brenda Subject: FW: BIO FOR BOARD CANDIDATES FOR 2014 -2015 TERM Subject: RE: BID FOR BOARD CANDIDATES FOR 2014 -2015 TERM Thank you for your request for additional information on the candidates for the Board of Directors elections. I have been the Tax Assessor /Collector for Guadalupe County since 1998 and became a member of the Appraisal Board at that time but I became a voting member several years ago. I feel I am able to represent all the entities when I am a voting member. I have been vice- chairman for four years. I am very proud of our board and the work that our Appraisal district staff do for not only Guadalupe County but also Comal and Hays Counties. I think it is very Important to keep communication going between the board and the entities and the tax offices. Thank you for any support that you may give me. Tavle Murphy, RTA Tax Assessor /Collector Guadalupe County Tax Office 830 - 303 -8850 12/4/2013 Darren Dunn is a partner with Guadalupe Media, LTD, which operates radio station KWED and the newspaper Seguin DailyV[j PrairD View aA &M IJnivensty) in 1987. radio. He started at a campus radio station (KP Dunn been a reporter, jock, music director, news director, operations manager and now general manager at Guadalupe Media M Houston. He would eventually land at KWED and came as an intern at KIKK AM/F n says accepting a job in Seguin and Guadalupe County was the best decision he has ever made. Dunn is married to wife, LeeAnn. The couple has two beautiful small children, Carter (7) and Addle (3). His experiences and affiliations include: - Current member of the Guadalupe Appraisal District Board of Directors Past- Chairman of the Seguin Area Chamber of Commerce Past- President of the Rotary Club of Seguin Chairman of Partnership for a Better Seguin (PBS) Seguin ISD Visioning Committee Member - Seguin ISD Bond Advisory Committee Member - Served on the Seguin Zoning Board of Adjustments - Member of the Seguin MLK Day Planning Committee - Member of Destination Seguin Bond Advisory Committee - Member of International Broadcasters IdeaBank - Member of the Seguin Wellness Task Force - Member of the Guadalupe County Children's Advocacy Board of Directors Page 1 of 1 Dennis, Brenda From: Tavie Murphy [tavie @co.guadalupe.tx.usj Sent: Wednesday, December 04, 2013 1:19 PM To: Dennis, Brenda Subject: FW: BIO FOR BOARD CANDIDATES FOR 2014 -2015 TERM Subject: RE: BID FOR BOARD CANDIDATES FOR 2014 -2015 TERM Thank you for your request for additional information on the candidates for the Board of Directors elections. I have been the Tax Assessor /Collector for Guadalupe County since 1998 and became a member of the Appraisal Board at that time but I became a voting member several years ago. I feel I am able to represent all the entities when I am a voting member. I have been vice - chairman for four years. I am very proud of our board and the work that our Appraisal district staff do for not only Guadalupe County but also Comal and Hays Counties. I think it is very important to keep communication going between the board and the entities and the tax offices. Thank you for any support that you may give me. Tavie Murphy, RTA Tax Assessor /Collector Guadalupe County Tax Office 830 - 303 -8850 12/4/2013 330 Notch Leaf Cibolo, TX. 78108 210 - 659 -3107 home 210 -842 -9609 cell Jhogue4@yahoo.cum OBJECTIVE To help our city grow and move in the right direction. To communicate with all citizens of Cibolo on issues that are a challenge for our city. SKILLS & ABILITIES Currently run the day to day operations and financials of a business I own with another family. Logistics and Financial responsibility area a strong point in keeping our business running on a day to day basis. I feel like these attributes will be a benefit while working for our city. EXPERIENCE I am married to my wife of 35 years Joni. We have two children, a son Justin, which is 30 and attending college in Mesa, AZ. He was in the Army five years. We have a daughter, Jamie that is 20 and a sophomore at Texas State University. We have owned our home in Cibolo since January 1995. VICE PRESIDENT -OWNER OF POWERHOUSE RETAIL SERVICES SW April 2003 to Current Have helped grow our company from doing 250k per year to 2.5 million in 10 years. We have employed as many as 40 people. COMMUNICATION Like working with others to make things happen. Get along well with others even though we might not agree on issues. Always willing to compromise to make things work well for all involved LEADERSHIP Currently am Chairman of the Streets and Drainage Committee and was on the Charter Review Committee. JAMES WHETSTONE REFERENCES 1376 Hilkrest Drive New Braunfels, TX 78130 210 -573 -0951 TERENCE BENSON 120 Springtree Hollow Cibolo, TX. 78108 707 - 430 -7779 Page 2 Page 1 of 2 Dennis, Brenda From: drgilcrease @axs4u.net Sent: Wednesday, December 04, 2013 11:30 AM To: Dennis, Brenda Subject: Guadalupe Appraisal District Board of Directors Election Greetings Mrs. Dennis, I received a request from Jaime Osborne to send you a bio on me to help you prepare information for the City of Schertz City Council to consider when casting votes in the 2 01 412 01 5 Board of Directors election which will be on their agenda for their meeting on Tuesday. I hope the following information will help. My name is Dr. Greg Gilcrease. I have served on the appraisal district board for the last 6 years serving as chairman the last 2 years. I am currently a member and president of the Navarro ISD Board of Trustees. In addition to my board duties I have practiced dentistry in San Marcos for the last 26 years. Listed below are the many organizations I am a member of. I believe in service to the community and continue to volunteer as much time as possible. I commend you on your service and hope this NO helps in you deliberations. Respectfully, Dr. Greg Gilcrease Education: University of Texas Dental Branch- Houston Doctor of Dental Surgery- 1987 Texas State University Bachelor of Science in Biology- 1983 San Marcos High School Honors and Activities: San Marcos High School Varsity letterwinner in football, basketball, and hack (All- District football, Regional Qualifier track) Member of the band, NHS, student council, choir (All- Region choir) Eagle Scout Texas State University Football (1979 -1981) Lone Star Conference Champions (1980,1981); NCAA National Champions 1981 Academic All- America (1980,1981); Academic All -Texas Colleges (1980,1981); Academic All -Lone Star Conference (1979,1980,1981) Beta Beta Beta Biology Honor Society 1987- Present: Dentist for the Texas State University Athletic Department (1999- present) 12/5/2013 Page 2 of 2 Coach for youth soccer, volleyball, baseball, softball, and basketball for the SM Little League, SMAYSO, Seguin Little League, and Geronimo Youth Sports Member of the Texas State Bobcat Club, Touchdown Club, Sixth Man Club, Alumni Association, and T- Association (Board Member) Member of the Texas Association of Sports Officials, officiating high school football for the Austin Football Officials Association Member of the American Dental Association Member of the Texas Dental Association, served as delegate to the TDA House of Delegates 1996 -2002 Member of the River District Dental Association, served as president 1999 -2000 Member of the Academy of Gp Orthodontics Member of the Navarro ISD Board of Trustees, 2006 - present, currently serving as president Member of the Guadalupe Appraisal District Board of Directors, 2008- present, currently serving as chairman Personal: Married since January 21,1989 to Laurie Gilcrease Two children, daughter Grayson and son Garrett 12/5/2013 Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: December 10, 2013 Department: Council Subject: Resolution No. 13 -R -103 - Bexar County Appraisal District Board of Directors BACKGROUND The City has received a letter regarding the Official Ballot to cast votes for the Board of Directors election for the Bexar Appraisal District. Direction and a resolution format for submission are included. Per Section 6.03(k) of the Texas Property Tax Code, the governing body of each taxing unit entitled to vote shall determine by resolution and submit its vote by way of returning the ballot to the chief appraiser prior to December 15, 2013. Taxing units allotted votes may be cast for one candidate or may distributed among any number of candidates. The chief appraiser shall count the votes, declare the candidates who receive the largest cumulative vote total, and submit the results prior to December 31, 2013 to the governing body of each taxing unit who participated in the election and to each of the candidates. The City has 1 vote to cast. The Candidates are: • Jack E. Burton, Jr • Cheri Byrom • Keith Hughey • Denver McClendon • Jose Macias • Juan Mancha • Jim Martin • Sergio "Chico' Rodriguez • Leo Salas • Rick A. Schroder • Roberto C. Trevino There are 5,000 votes amongst the 45 client agencies which use the Bexar Appraisal District. FISCAL IMPACT None RECOMMENDATION City Council Memorandum Page 2 Staff recommends Council review the candidates and cast their 1 vote toward one of the above candidates. One possible vote option is for Roberto Trevinoa nominee of the City of San Antonio and the San Antonio ISD. ATTACHMENT Appraisal District letter and ballot RESOLUTION NO. 13 -R -103 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE BEXAR COUNTY APPRAISAL DISTRICT FOR THE 2014 -2015 TERM. WHEREAS, section 6.03(k), of the Texas Property Tax Code, as amended by HB2043, requires that each taxing unit entitled to vote cast their votes by Resolution and submit results of that vote to the Chief Appraiser of the Bexar County Appraisal District on or before December 15, 2013. THEREFORE, THE City of Schertz, Schertz Texas submits the attached Official Ballot, as issued by the Chief Appraiser, stating the votes for candidates for the election of the Board of Directors for the Bexar County Appraisal District for 2014 -2015. ACTION TAKEN this 3rd day of December 2013, in Regular Session of the governing body of the above mentioned taxing unit; as authorized under Section 6.03(k) of the Texas Property Tax Code, and amended by HB2043, for the purpose of casting votes to elect the Board of Directors of the Bexar County Appraisal District. PASSED AND ADOPTED, this 10TH day of December, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter,-Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) October 18, 2013 411 N. Frio, P.O. Box 830248 San Antonio, TX 78283 -0248 Phone (210) 242 -2432 Fax (210) 242 -2451 Website www.bead.org BEXAR APPRAISAL DISTRICT VIA CERTIFIED MAILER 7004 - 1160- 0005 - 6426 -4385 The Honorable Michael Carpenter, Mayor City of Schertz 1400 Schertz Parkway Schertz, TX 78154 RE: Voting Phase of Selection Process for Election of Bexar Appraisal District Board of Directors for 2014 -2015 The Honorable Mayor Carpenter: Nominations for the Bexar Appraisal District Board of Directors for the 2014 -2015 terms have been submitted; thank you to those who participated in this process. As required by Section 6.03(k), Texas Tax Code, eligible taxing units may now cast votes for the nominees. Enclosed is a copy of the voting entitlement of each taxing unit and a ballot listing all persons nominated by the taxing units in alphabetical order. Each taxing unit authorized to vote may do so by resolution of its governing body. Per Section 6.03(k), Texas Tax Code, "The governing " The results of this election will be delivered to each unit by December 31. If you have any questions regarding this process, please contact me or my Executive Assistant Jennifer Rodriguez at (210) 242 -2406. Sincerely, C Michael Am zquita Enclosures CC Via Regular Mail: Mr. John Kassel, City Manager CANDIDATE OFFICIAL ELECTION BALLOT OF BEXAR APPRAISAL DISTRICT BOARD OF DIRECTORS TO SERVE TWO -YEAR TERM FROM JANUARY 1, 2014 THROUGH DECEMBER 31, 2015 JACK E. BURTON, JR (NOMINATED BY CITY OF BALCONES HEIGHTS) CHERIBYROM (NOMINATED BY SOUTHWEST ISD) KEITH HUGHEY (NOMINATED BY NORTH EAST ISD) DENVER MCCLENDON (NOMINATED BY ALAMO COMMUNITY COLLEGE DISTRICT) JOSE MACIAS (NOMINATED BY JUDSON ISD) JUAN MANCHA (NOMINATED BY HARLANDALE ISD) JIM MARTIN (NOMINATED BY NORTHSIDE ISD) SERGIO °CHICO° RODRIGUEZ (NOMINATED BY BEXAR COUNTY) LEO SALAS (NOMINATED BY SOMERSET ISD) RICK A. SCHRODER (NOMINATED BY CITY OF HELOTES) ROBERTO C. TREVINO (NOMINATED BY CITY OF SAN ANTONIO & SAN ANTONIO ISD) TAXING UI NUMBER OF VOTES Taxing Unit 2012 Tax Levy Sum of Levies Votes Alamo Community College $148,375,262.00 $2,198,893,506.00 337 City of Alamo Heights $5,128,840.00 $2,198,893,506.00 12 Alamo Heights I.S.D. $60,074,426.00 $2,198,893,506.00 137 City of Balcones Heights $1,207,703.00 $2,198,893,506.00 3 Bexar County $289,399,279.00 $2,198,893,506.00 658 Boerne I.S.D. $15,615,206.00 $2,198,893,506.00 36 City of Castle Hills $2,409,409.00 $2,198,893,506.00 5 Town of China Grove $95,005.00 $2,198,893,506.00 0 ComalI.S.D. $22,205,318.00 $2,198,893,506.00 50 City of Converse $4,808,660.00 $2,198,893,506.00 11 East Central I.S.D. $26,610,434.00 $2,198,893,506.00 61 Edgewood I.S.D. $13,004,078.00 $2,198,893,506.00 30 City of Elmendorf $171,282.00 $2,198,893,506.00 0 Fair Oaks Ranch $1,657,214.00 $2,198,893,506.00 4 Floresville I.S.D. $15,845.00 $2,198,893,506.00 0 City of Grey Forest $33,653.00 $2,198,893,506.00 0 Harlandale I.S.D. $17,582,498.00 $2,198,893,506.00 40 City of Helotes $2,639,286.00 $2,198,893,506.00 6 City of Hill County Village $280,551.00 $2,198,893,506.00 1 Town of Hollywood Park $2,108,188.00 $2,198,893,506.00 5 Judson I.S.D. $87,444,904.00 $2,198,893,506.00 199 City of Kirby $1,365,648.00 $2,198,893,506.00 3 City of Leon Valley $3,820,317.00 $2,198,893,506.00 9 City of Live Oak $3,937,404.00 $2,198,893,506.00 9 City of Lytle $2,581.00 $2,198,893,506.00 0 Medina Valley I.S.D. $3,193,739.00 $2,198,893,506.00 7 North East I.S.D. $389,938,329.00 $2,198,893,506.00 887 Northside I.S.D. $457,926,840.00 $2,198,893,506.00 1041 City of Olmos Park $2,516,326.00 $2,198,893,506.00 6 City of San Antonio $401,950,307.00 $2,198,893,506.00 914 San Antonio I.S.D. $161,203,500.00 $2,198,893,506.00 367 City of Schertz $625,080.00 $2,198,893,506.00 1 Schertz - Cibolo I.S.D. $4,588,577.00 $2,198,893,506.00 10 City of Selma $1,228,364.00 $2,198,893,506.00 3 City of Shavano Park $2,568,038.00 $2,198,893,506.00 6 City of Somerset $276,067.00 $2,198,893,506.00 1 Somerset I.S.D. $4,213,109.00 $2,198,893,506.00 10 South San Antonio I.S.D. $18,753,288.00 $2,198,893,506.00 43 Southside I.S.D. $8,542,423.00 $2,198,893,506.00 19 Southwest I.S.D. $19,375,500.00 $2,198,893,506.00 44 City of St. Hedwig $479,254.00 $2,198,893,506.00 1 City of Terrell Hills $4,287,454.00 $2,198,893,506.00 10 City of Universal City $5,237,572.00 $2,198,893,506.00 12 City of Von Orm $74,140.00 $2,198,893,506.00 0 City of Windcrest $1,922,608.00 $2,198,893,506.00 4 TOTAL 1 $2,198,893,506.001 1 5000 Texas Property Tax Code Sec. 6.03 "The voting entitlement of a taxing unit that is entitled to vote for directors is determined by dividing the total dollar amount of property taxes imposed in the district by the taxing unit for the preceding tax year by the sum of the total dollar amount of property taxes imposed in the district for that year by each taxing unit that is entitled to vote, by multiplying the quotient by 1,000, and rounding the product to the nearest whole number. 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N O U O W N m O C a) C U O w g O O J N J Y m U D C r 'm a �• N p ( m O N 0 0 'U E C C U) N C C .a Z N U ¢ Z-, O L 'O Q N E W C ` d o m 0)'o U C m N U U 'c C m a) o C C E 0 U) O U 1) 0 a) C N m m N o a) C m L a 75 N E m Q �O O_ Q m ° U (n J m a) N m N '� ,�, Q 0) 0) O O m m N N L L p • LY o v •Y c v K U LL A H H H H ai v d � i m 0 v t m E o y 6a o d oo o Z NN U S m N L c c c c N 0 ° L m r 9 m m E ru E L N Y ° C � « ; 7 / 0 © 0 { ] \ / \ t \ ( \ \ \ j cl Cl \ \ j Co \ 4 / 3 \ \ E ; co 3 , \ ) C / 2 § / 2 - _ E / f \ ~ ) ( ) ) M f 6 k z & # D { 0 / - j \ » o \ ) / ca / { E & o e 0 03& / 0 SERGIO "CHICO" RODRIGUEZ BEXAR COUNTY COMMISSIONER, PCT. 1 Sergio "Chico" Rodriguez was sworn into office as Bexar County Commissioner for precinct one on January 1, 2005 pledging to serve with an open mind, a compassionate heart, and in the spirit of cooperation. He was re- elected on March 4h, 2008 garnering 22,584 votes, and again in 2012 garnering 57,407 votes. Since assuming office in 2005, Commissioner Rodriguez has made the Office of Precinct 1 more responsive, accessible and open to the constituents of the precinct. He has maintained his promise of accessibility by holding town hall meetings, meeting with constituents, being actively visible in the community and working closely with other elected officials on issues affecting his constituents; including: fair and equitable water supply, affordable housing, public transportation, community health and education, and economic development. Commissioner Chico Rodriguez has worked diligently to provide funding for infrastructure improvements and social services within Precinct 1. The following are only a few of the results Bexar County has seen through his leadership and dedication as a public servant: • Approved $1.09 billion budget (2007 -2008) maintaining same property tax rate just under 32.7 cents. Budget highlights include an increase in law enforcement patrol by 25 %, the county's largest increase to date. In addition, a flood control program totaling $550 million over 10 years —the largest program in the county's history. This includes $53 million for second year of two -year, $106 million regional flood control program, as well as, $11.7 million for the acceleration of the Mission Reach of the San Antonio River Improvement Project. • Voted for a voluntary County tax freeze on homesteads for the elderly and the disabled • Voted to create a Veterans Advisory Committee charged to ensure Bexar County serves the needs of our Veterans • Helped bring half a million dollars in private donations to programs that help at risk youth in Precinct 1 • Initiated programs providing free mammograms and free flu shots to residents in Precinct 1 • Expanded Meals on Wheels Program - delivering good, hot meals to seniors • Supported a residential healthcare facility for special needs children in partnership with Children's Shelter ($878K) - 4040 High Ridge Circle • Initiated new programs to help keep teens in school and offer assistance to abused children • Supported new diabetes treatment center at the CentroMed Community Health Center at Commercial and Teal Road • Opened the first Bexar County Satellite Office in Precinct 1 to help bring vital services to his constituents Committed to quality, affordable housing, public safety, and transportation related policy, Commissioner Rodriguez holds several key appointments among local boards and commissions including the Industrial Development Corporation where he serves as president of the board and the Housing Finance Corporation where he serves as vice president. In addition, he is a member of the Committee of Six — San Antonio River Improvement Project, Committee of Seven — Regional Flood Project, the Metropolitan Planning Organization Transportation Policy Board, the Alamo Area Council of Governments Board of Directors, Chair of the Lackland JLUS Executive Board, the only county appointee to the Community Action Advisory Board, a Bexar Appraisal District board member, a former BexarMet Oversight Committee member, and has also served on the Youth Commission Task Force. Commissioner Rodriguez is a former Bexar County Sheriff Officer and worked for CPS Energy before taking office. He was born and raised in San Antonio, is a Harlandale High School graduate, and is a lifelong resident of the Southside. He has three daughters; all of them are currently working and /or attending college in San Antonio. Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: December 10, 2013 Department: Council Subject: Resolution No. 13 -R -104 - Comal County Appraisal District Board of Directors BACKGROUND The City has received a letter regarding the Official Ballot to cast votes for the Board of Directors election for the Comal Appraisal District. Direction and a resolution format for submission are included. Per Section 6.03(k) of the Texas Property Tax Code, the governing body of each taxing unit entitled to vote shall determine by resolution and submit its vote by way of returning the ballot to the chief appraiser prior to December 15, 2013. Taxing units allotted votes may be cast for one candidate or may distributed among any number of candidates. The chief appraiser shall count the votes, declare the candidates who receive the largest cumulative vote total, and submit the results prior to December 31, 2013 to the governing body of each taxing unit who participated in the election and to each of the candidates. The City has 49 votes to cast. The Candidates are: • Gary Boldt • Robert Doyle • Craig Hall • Dan Krueger • Randy Maschek The Comal ISD has allocated its 2,747 votes as follows: 550 votes each to Krueger, Boldt, Hall, and Maschek and 547 votes for Doyle. FISCAL IMPACT None Staff recommends Council review the candidates and cast their 49 votes toward the above candidates. One possible combination is to allocate the votes as follows: 10 votes each for Boldt, Doyle, Hall, and Krueger, and 9 votes for Maschek. City Council Memorandum Page 2 ATTACHMENT Appraisal District letter and ballot RESOLUTION NO. 13 -R -104 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE COMAL COUNTY APPRAISAL DISTRICT FOR THE 2014 -2015 TERM. WHEREAS, section 6.03(k), of the Texas Property Tax Code, as amended by HB2043, requires that each taxing unit entitled to vote cast their votes by Resolution and submit results of that vote to the Chief Appraiser of the Comal County Appraisal District on or before December 15, 2013. THEREFORE, THE City of Schertz, Schertz Texas submits the attached Official Ballot, as issued by the Chief Appraiser, stating the votes for candidates for the election of the Board of Directors for the Comal County Appraisal District for 2014 -2015. ACTION TAKEN this 3rd day of December 2013, in Regular Session of the governing body of the above mentioned taxing unit; as authorized under Section 6.03(k) of the Texas Property Tax Code, and amended by HB2043, for the purpose of casting votes to elect the Board of Directors of the Comal County Appraisal District. PASSED AND ADOPTED, this 10TH day of December, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter,-Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) SCOTT WATSON COMAlly APPRAISAL DISTRICT CRAIG HALL CHAIRMAN ' 900 S. SEGUIN AI'ENHE ' MEMBER DAN KRUEGER NEW BRAUNFELs, TX 78130 RANDY MASCHEK VICE CHAIRMAN NJOIBER GARYBOLDT CURTIS KOEHLER CATHY C. TALCOTT SECRETARY CRIEFAPPRAISER MEMBER October 29, 2013 Mr. John Kessel City of Schertz 1400 Schertz Parkway Schertz, TX 78154 RE: 2014 -2015 Board of Directors Election Ballot Dear Mr. Kessel: Enclosed is the 2014 -2015 Board of Directors ballot for the city of Schertz. As per Section 6.03(d) of the Texas Property Tax Code, "voting entitlement is determined by dividing the total dollar amount of property taxes imposed in the district by the taxing unit for the preceding tax year by the sum of the total dollar amount of property taxes imposed in the district for that year by each taxing unit that is entitled to vote, by multiplying the quotient by 1,000 and by rounding the product to the nearest whole number." Also, Section 6.03 (k) of the Texas Property Tax Code requires that each taxing unit entitled to vote cast their vote by Resolution and submit results of that vote to the Chief Appraiser of the Comal Appraisal District by December 15, 2013. In calculating this year's votes, it is determined that the city of Schertz has 49 votes to cast in this election. Sincerely, _ `Cutis Kochler, RPA/RTA Chief Appraiser Enclosure Phone (830) 625 -5597 wneccomalad.org Metro (830) 606 -1407 Phone(830)885 -4975 Fax (830) 625 -8595 OFFICIAL BALLOT Issued to: City of Schertz TO ELECT BOARD OF DIRECTORS FOR THE COMAL APPRAISAL DISTRICT FOR THE YEARS 2014 -2015 Directions: Please enter the number of votes cast on the blank space opposite the name of the candidate or divide those votes amount any number of the candidates. You have 49 total available votes. 1. Gary Boldt CISD, City of New Braunfels 2. Robert Doyle CISD 3. Craig Hall CISD, City of New Braunfels, Comal County 4. Dan Krueger CISD, City of New Braunfels 5. Randy Maschek CISD, City of New Braunfels, Garden Ridge Issued under my hand this 29th day of October, 2013. Curtis Koehler, Chief Appraiser ------------------------------------------------------------------------------ RESOLUTION OF VOTES CAST TO ELECT DIRECTORS FOR THE COMAL APPRAISAL DISTRICT FOR THE YEARS 2014 -2015 WHEREAS, Section 6.03(k), of the Texas Property Tax Code requires that each taxing unit entitled to vote cast their vote by Resolution and submits results of that vote to the Chief Appraiser of the Comal Appraisal District by December 15, 2013. THEREFORE, the City of Schertz submits the above Official Ballot, as issued by the Chief Appraiser, stating the vote for candidates for the election of the Board of Directors for the Comal Appraisal District. ACTION TAKEN this day of 2013, in Session of the governing body of the above mentioned taxing unit; as authorized under Section 6.03 of the Texas Property Tax Code for the purpose of casting votes to elect the Board of Directors of the Comal Appraisal District. ATTEST: City Council Meeting: Department: Subject: BACKGROUND Agenda No. 10 CITY COUNCIL MEMORANDUM December 10, 2013 Public Works / Engineering Ordinance No. 13 -D -59- Providing that the Code of Ordinances for the City of Schertz be amended by revising section 86 -118 Maximum Limits in School Zones removing the school zone for a certain street and reducing the area for the school zone on a certain street and providing an effective date First Reading In discussions with SCUCISD, it was recommended that the school zone on Schertz Parkway be eliminated from the Code of Ordinances, the hours of the school zone on Elbel Road be extended to run from 7:30 a.m. to 4:30 p.m. and the school zone area on Elbel Road be reduced to start at Schertz Parkway and Elbel Road and run to 1,230 feet west of FM 3009. In addition, the crosswalk on Elbel Road and Westchester will be improved with flashing lights and signs to help protect students. As outlined in Section 86 -50 of the Code of Ordinances — Driving into or through school crossing zones, it is unlawful for any person to drive or operate any vehicle into or through any school crossing zone at a time when there is a child or children crossing or standing therein, provided that such school crossing zone has been indicated by signs not less than 100 feet from the zone and further provided that such zones have been established across paved streets indicated by lines of white or yellow paint marking its boundaries, which zones shall not be greater in width than 20 feet. Additional benefits to the removal of the school zone on Schertz Parkway include decreased response time for emergency vehicles traveling on Schertz Parkway, reduced traffic violations, and a safer, more efficient roadway for commuters. The Transportation Safety Advisory Commission unanimously approved this change at the November 7, 2013 meeting. Goal To ensure that school zones are up to date in the City of Schertz, that speed limits in school zones are reflective upon the times that students will be going to and from school to provide for safe travel, and to provide for the proper area needed for school zones. Additionally, to provide for protection of students using crosswalks to travel to and from school. Community Benefit By working cooperatively with the Schertz - Cibolo- Universal City ISD, the City and the ISD can promote safety for students traveling on city -owned streets and crosswalks. City Council Memorandum Page 2 Summary of Recommended Action Recommend approval on first reading to allow for the removal of the school zone on Schertz Parkway, extend the hours for the school zone on Elbel Road and reduce the area of the school zone on Elbel Road to 1,230 -feet west of FM 3009 and allow for enforcement of the new school zone area speed limits. FISCAL IMPACT $32,090.25 for the Elbel and Westchester Crosswalk Improvements to be paid using School Crossing Guard Funds out of FY 2013 -14 approved budget, contingencies. RECOMMENDATION Staff recommends approval of Ordinance 13 -D -59 on the first reading. ATTACHMENT(S) Ordinance 13 -D -59 Schertz Parkway and Elbe] Road Exhibit ORDINANCE NO. 13 -D -59 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CITY CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86 -118, MAXIMUM LIMITS IN SCHOOL ZONES FOR A CERTAIN STREET, REMOVING THE SCHOOL ZONE FOR A CERTAIN STREET, AND REDUCING THE AREA FOR THE SCHOOL ZONE ON A CERTAIN STREET AND PROVIDING AN EFFECTIVE DATE WHEREAS, §542.202 of the Texas Transportation Code provides that local authorities with respect to a highway under its jurisdiction and in the reasonable exercise of the police power can designate school crossing zones; and WHEREAS, §541.302 of the Texas Transportation Code defines a "school crossing zone" as a reduced speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary school or secondary school during the time the reduced speed limit applies; and WHEREAS, the City has received a request from the Schertz - Cibolo Universal City Independent School District (SCUCISD) to remove the school zone on Schertz Parkway, increase the timeframe of the school zone on Elbel Road and reduce the area for the school zone on Elbel Road based upon the representation of SCUCISD that traffic is controlled by a traffic light and there are few to no school children walking to school in the previously determined school zone; and WHEREAS, the City has investigated and determined that it would be advantageous and beneficial to the citizens of the City to amend Section 86 -118 of the Schertz Code of Ordinances as set forth below. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That Section 86 -118 Maximum Limits in School Zones of the Code of Ordinances, on roadways maintained by the City of Schertz, Texas be amended as follows: Remove the School Zone on Schertz Parkway between Buffalo Drive and Elbel Road. Extend the School Zone hours on Elbel Road from 7:30 a.m. to 4:30 p.m. Reduce the School Zone on Elbel Road to be established from Schertz Parkway and Elbel Road to 1,230 -feet west of F.M. 3009. 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. City Council Memorandum Page 2 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. Approved on first reading this the 10th day of December, 2013. PASSED, APPROVED, AND ADOPTED on finial reading the _day of December, 2013. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Relocate Signage i i Remove Crosswalk . -oR ice` Ell � I I sn �.o Improved Flasher t 4P r Improved Flasher r / , w Lighted Crosswalk Improved Flasher r rr rrrr r rrrr r m r rR rr rrrr rrrr \I • s Cit y of Schertz W N E School Zone Revisions S Schertz Parkway & Elbel Road 0 250 500 1,000 1,500 Feet Improved Flasher WRemoved Flasher Relocated Signage XRemoved Signage Retained Crosswalk 111111 Removed Crosswalk ^� Retained School Zone Removed School Zone Cit y of Schertz W N E School Zone Revisions S Schertz Parkway & Elbel Road 0 250 500 1,000 1,500 Feet