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02-11-2014 Agenda with BackupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL February 11, 2014, 6:00 P.M. 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Policy Values Economic Prosperity Fiscally Sustainable Family Friendly for All Ages High Quality of Life Safe Community Essential Services Attractive Community Innovative and Proactive Service Oriented Friendly City Call to Order — Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Deacon Harvey Balcer, Good Shepherd Catholic Church) City Events and Announcements Announcements of upcoming City Events (D. Harris /J. Bierschwale/B. James) Announcements and recognitions by City Manager (J. Kessel) Presentations • Presentation and update regarding the Schertz Historical Preservation Committee's Activities. (B. James/D. Weirtz) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to ally individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. 02 -11 -2014 Council Agenda Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on'a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered to be self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Special Meeting of January 31, 2014, and the Regular Meeting of February 4, 2014 (J. KesselB. Dennis) 2. Ordinance 14 -T -03 — Consideration and/or action approving an Ordinance authorizing a budget adjustment to establish additional expenditures in the FY 2013- 14 Budget in the amount of $95,000 related to the purchase of a Vac -Con Vacuum Truck to be funded from the Public Works Equipment Replacement Fund; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance and providing an effective date. Final Reading (J. Bierschwale /S. Willoughby) 3. Ordinance No. 14 -F -01 - Consideration and/or action amending Ordinance No. 04- F-09, CPS Energy; providing for adoption; thereto; providing that this Ordinance is Cumulative of all other Ordinances of the City not in conflict with the provisions of this Ordinance; and providing an effective date. Final Reading (D. Harris/D. Harris) 4. Ordinance No. 14 -T -02 — Consideration and/or action approving an Ordinance providing for the creation of the Schertz Infrastructure and Economic Development Fund; providing that this Ordinance is cumulative of all other Ordinances of the City not in conflict with the provisions of this Ordinance; and providing for an effective date. Final Reading (D. Harris/D. Harris) 5. Resolution No. 14 -R -16 — Consideration and/or action approving a Resolution in support of United States House of Representatives' Homeowner Flood Insurance Affordability Act of 2013 (HR 3370) and other matters in connection therewith. (M. Carpenter/D. Harris) Discussion and Action Items 6. Ordinance No. 14 -D -04 — Consideration and/or action approving an Ordinance amending the City's Code of Ordinances by adding Hickory Lane to Article V, Section 86 -149 Parking Prohibited on Roadways Maintained by the City of Schertz; and providing an effective date. First Reading (B. James/L. Busch) 7. Ordinance No. 14 -T -05 — Consideration and/or action approving an Ordinance authorizing additional funding for the P -25 Radio Transition; repealing all ordinances 02 -11 -2014 City Council Agenda Page - 2 - or parts of ordnances in conflict with this Ordinance; and providing an effective date. First Reading (B. Cantu/J. Walters/M. Bane) 8. Resolution No. 14 -R -15 — Consideration and/or action approving a Resolution authorizing the purchase of Motorola Radios, and other matters in connection therewith. (B. Cantu/J. Santoya/R. Duprat - Waldo) Roll Call Vote Confirmation Requests and Announcements 9. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 10. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 11. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Roll Call Vote Confirmation 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 7h DAY OF FEBRUARY 2014 AT 1:30 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. BY6VtAC1 DBt AUS renda Dennis CPM, TRMC, MMC, City Secret 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 , 2014. 02 -11 -2014 City Council Agenda Page - 3 - 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. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL ff)MMTTTPP A NM T T A TWIXT A QQTf-MIXUXTT0 Mayor Carpenter —Mayor Pro- Tem�Scagliola — UPlace 2 Audit Committee Animal Control Advisory Committee Hal Baldwin Scholarship Committee Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions Schertz Seguin Local Government Corporation Investment Advisory Committee Interview Committee for Boards and Commissions TIRZ II Board Sweetheart Advisory Committee Councilmember Fowler —Place 1 Councilmember John - Place 3 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Randolph Joint Land Use Study (JLUS) Executive 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 02 -11 -2014 City Council Agenda Page - 4 - CITY COUNCIL MEMORANDUM City Council Meeting: February 11, 2014 Department: Subject: BACKGROUND City Secretary Minutes Agenda No. I The City Council held a special meeting on January 31, 2014 and a regular meeting on 4, 2014, 2014. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the special meeting of January 31, 2014 and the minutes of the regular meeting on February 4, 2014. ATTACHMENT Minutes — special meeting January 31, 2014 and regular meeting February 4, 2014, 2014 MINUTES SPECIAL MEETING CITY OF SCHERTZ SENIOR CENTER January 31, 2014 A Special Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 31, 2014, at 1:00 p.m., in the City of Schertz Senior Center, 608 Schertz Parkway, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember David Scagliola Councilmember Cedric Edwards Staff Present: Executive Director Brian James City Secretary Brenda Dennis Bob Cantu, Chief of Staff Director of Parks Recreation & Community Special Guests: Guadalupe County Judge Lary Jones Comal County Senior Citizens Foundation Comal County Senior Citizens Foundation Councilmember Matthew Duke was absent. Call to Order Mayor Carpenter cal Invocation and, Pit Texas Councilmember Jim the United States. Welcome /Overview • Discuss Acti, Mayor Pro-Tem Jim Fowler Councilmember Daryl John ve Director John Bierschwale City Secretary Donna Schmoekel kdministrative Assistant Sandy Bryant Schertz Chamber President Maggie Titterington to order at 1:05 p.m. followed by the Pledge of Allegiance to the Flag of Programming of the Senior Center Mayor Carpenter stated that the Schertz City Council came to an agreement to terminate the existing contract between the City and the Comal County Senior Citizens Foundation. This action was voted on and passed this past Tuesday, January 28, 2014, at the regular City Council Meeting. Today, a special meeting has been called to discuss where we go from here and how we are going to operate the center in the coming months ahead. Mayor Carpenter thanked Debbie Madden from the Comal County Senior Citizens Foundation for her work during the past several months. 1 -31 -2014 Minutes Page • t - According to the terms of agreement the Comal County Senior Citizens Foundation will officially cease to operate the Schertz Area Senior Center at midnight this coming Sunday, February 2, 2014. The City leadership team will then officially take over. Those individuals are Director of Parks, Recreation and Community Services George Logan, Senior Administrative Assistant Sandy Bryant and one other person. This will be a work in progress and they will work closely with the Schertz Area Senior Center Advisory Council. Mayor Carpenter took a moment to recognize Guadalupe County Judge Larry Jones who grew up here in Schertz. Mayor Carpenter recognized Director of Parks Recreation & Community Services George Logan who stated that since September 2013, he has been working closely with the Senior Center Advisory Committee members: President Debbie Pape, Nancy Scott, Roy Escobar, Larry Gladu, and Shirley King. Mr. Logan introduced President Debbie Pape Mission Statement: "We envision a inspired lives." Vision Statement: "Schertz community through programs, Ms. Debbie Pape introduced following: the following: where everyone leads fall, healthy, and otes healthy aging and well -being in our and civic dnaaaement." Scott who read the Goal 1: Keep the core of programs, services, and resources, while expanding or shifting oroararnrnina to remain relevant to members Crow and into the future. Objective 1: Continue very strong emphasis on seniors. Objective 2.. Continue io'serve as a place that the senior community gathers, centers its resources, engageS;socially and be a catalyst for action. Objective 3: Build the Schertz Area Senior Center's ability to attract, serve, be responsive to, and e enriched by the full diversity' of the community. Objective 4: Continue to be humble and responsive to the community. Objective J: Continue tocombine forces and build strategic partnerships. Goal 2: Secure, financial resources to ensure the stability and sustainability of the Schertz Area Senior Center: Objective 1: Develop sustainable revenue streams. Objective 2: Leverage very strong support from members and participants for an operations budget. Ms. Nancy Scott introduced Advisory Committee Member Roy Escobar who read the following: 1 -31 -2014 Minutes Page - 2 - Goal 3: Strengthen communication to educate the community and our own membership, volunteers, and staff about all that the Schertz Area Senior Center offers and how we lead. Objective 1: Strengthen internal communication and education about what we do (for members, volunteers and staff). Objective 2: Strengthen external communications. Objective 3: Conduct a survey to foster communication with the current membership and the community. Goal 4: Ensure that we are maximizing our assets, including and board members. Objective 1: Enhance education with training and support Objective 2: Support staff and make jobs more sustainable Mr. Roy Escobar introduced Advisory following: Goal 5: Contribute to and engage with strengths of our seniors. membership, volunteers, volunteers and staff. who read the growth, using the skills and Objective 1: Maximize volunteer capacity to serve the Schertz Area Senior Center. Objective 2: Build the civic engagement of our constituency so that they may enrich the community. Objective 3: Advocate for seniors and building the strength of the community. • Citizen input and Advisory Committee MembefNancy Scott asked if anyone had any questions or comments. Ms. Scott asked the "members for a show of hands for those that were in agreement with the proposed goals and objectives as previously read. She then stated to let the record show the vote as +being unanimous. Ms. Scott".recognized several other individuals who spoke up regarding concerns about how to get participation from the surrounding areas of Cibolo, Selma, and Marion" and how to aet,information out to them. Mayor Carpenter responded that part of this effort could be accomplished through two organizations: 1) the Northeast Partnership, and 2) The Guadalupe County Mayors Association, ,These tvve` organizations connect to at least 14 other cities. Director of Parks Recreation "and Community Services George Logan will arrange to funnel this information back down to "the.rriembers of the Senior Center. Mayor Carpenter also stated he would ask the City Secretary's office to put a discussion item on the city agenda in the next couple of weeks regarding the possibility of forming a Citizen Advisory Committee much like what has already been established. This committee would be similar to other City Boards already in existence and it would report to and advise Council of items of concern to the Senior Center. This would then be promulgated on the City website, Schertz il'fagazine, and anywhere else that will garner us publicity. Mayor Carpenter stated that for now the Senior Center has been temporarily funded to maintain basic operations and everyone will need to assist in the future to find resources and begin building it back from the ground up. Restaurants are currently being contacted to try to 1 -31 -2014 Minutes Page - 3 - arrange a $4 charge for supplying daily meals as regularly as possible. The City will make every effort to continue to honor any prepaid lunch cards and membership dues. Other questions were answered regarding activities such as membership fees, sponsoring events such as dances and short trips, building maintenance, hiring a new onsite Coordinator, the operation of a Thrift store, craft/bake sales and other events for fimdraising purposes. Executive Director of Development Brian James stated that the goal is for staff to make a sustainable plan for the future, one to several years out, take this to Council and provide Council options on how to get there. A public hearing will be held and hopefiilly a large number of senior members will attend to voice their feelings and provide some direction to Council of where we all want to go with this. Another question was asked regarding the p Mayor Carpenter stated that George Logan is question was in regard to how we can get tl Center. He stated Maggie Titterington from d to assist in this area. A representative from A audience and she stated her employer will deft Schertz Area Senior Center needs. More questions and suggestions were offer having raffles or hosting a gambling` night. 1 could not have any funds associated with it. City Manager John Kessel spoke stating the We need an annual budget and funding td, . membership can dllgment thisbudgeted amc (the needs) and the fundraising can take care getting any, future grant money. k into that possibility. A second community to support the Senior hamber of Commerce will be able Zachel Amezquita, was also in the uture contributor to addressing the ling fund raising possibilities such as since gambling is not legal in Texas, it r Center needs to be a first class operation. 1 what we have on hand. Fundraising by The City will provide the basic foundation rest (the wants). In answer, to another question, Mayor Carpenter stated that all of the City contracts with W.ellMed and the other current renters of the building are still in tact. A senior center member wanted to`know how the separation from the Coma] County Senior Citizens Foundation happened: Mayor Carpenter responded that a large group of folks petitioged ,the City to" do something on September 17, 2013. Subsequently, at a public hearing the council instructed staff to begin negotiating a separation agreement. In conclusion, Nayor Carpenter asked each Councilmember present to say a few words regarding their support for this project. Guadalupe County Judge Larry Jones also promised his support towards bringing the Senior Center forward by following through on anything Mayor Carpenter and the Council requested of him. Thanks again were given to the Comal County Senior Citizens Foundation participants, Mt•. Ken Lowery and Ms. Debbie Madden, the current Schertz Area Senior Center Advisory Committee, City Councilmembers, and Schertz Chamber of Commerce President Maggie Titterington. 1 -31 -2014 Minutes Page - 4 - Mayor Carpenter stated that while we were having the meeting, Ms. Titterington secured lunches for Monday from Quiznos and Tuesday from HEB. Adiournment As there rnas no fia -then business, the meeting eras adjourned at 2:11 p.m. R. Carpenter ATTEST: City Secretary, Brenda Dennis 1 -31 -2014 Minutes Page - 5 - MINUTES REGULAR MEETING February 4,2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 4, 2014, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building 44, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember David Scagliola Councilmember Cedric Edwards Staff Present: Executive Director David Harris City Attorney Charles Zech City Attorney Charles Zech City Secretary Brenda Dennis Call to Order Mayor Carpenter called the Regular Texas Reverend Linda n by the Pledges of A. Mayor Pro -Ten David Scagliola. Mayor Pro -Tem Jim Fowler Councilmember Daryl John Councilmember Matthew Duke order at 6:04 United P es of the — Oath of Kessel Brian James irector David Gwin of Staff Bob y City Secre the invocation followed States and the State of Texas. V administered to Councilmember oath) Carpenter;'stated that the current Rules of Council state that every six months they the office of Mayor Prp= Tem: >by seat number to the next Councilmember in line, as s that Councilne.mber has.been elected to office and not appointed, and provided that re willing to serve, Mayor Carpenter provided the Oath of Office to Councilmember David Scagliola. Mayor Carpenter and Council thanked Councilmember Fowler for his past service as Mayor Pro -Tem and congratulated Councilmember Scagliola on the appointment. Mayor Pro -Tem Fowler thanked the Council and citizens. Newly appointed Mayor Pro-Tern Scagliola thanked everyone for the confidence in serving as Mayor Pro-Tern once again. Mayor Carpenter stated that Councilmember Scagliola was service as Mayor Pro -Tem at the time his honor Mayor Baldwin of his passing and served admirably at a time of difficulty and served the City very well. Mayor Carpenter thanked Mayor Pro -Tem Scagliola again. Mayor Carpenter also pointed out that Councilmember Greenwald, who is here this evening sitting in the back, served nine terms as Mayor Pro -Tem in the City of Schertz. Mayor Carpenter thanked Mr. Greenwald. 02 -04 -2014 Minutes Page - l - City Events and Announcements • Announcements of upcoming City Events (D. Harris /J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director of Support David Harris who provided the following announcements and upcoming events: • Thursday, February 6, 2014, Trail Rider Luncheon 11:00 a.m. to 1:00 p.m. at Pickrell Park. • Wednesday, February 12, 2014, Transportation Safety. Advisory Commission Community meeting regarding multiple complaints about speeding issues on Oak Valley Drive. Location to be determined. • Tuesday, February 18, 2014, Schertz Chamber of Commerce Luncheon, 11:30 to 1:00 p.m. Please contact Brenda or Donna no later thad February 11,, 2014 if you will be attending. Mayor Carpenter recognized Executive the following announcements and upcor Brian James who provided • Monday, February 10, 2014, the City will be holding the first of our semi - annual City of Schertz Boards, Commissions and Committees and Corporation Roundtable Meetings. He stated with the Chairs of the various Boards, Commissions, Committees will provide a five- minute presentation about issues their Boards and Committees are working on and is facing in an effort to increase communication among the various City Boards and Commissions. We then will provide a packet of the information to City Council to ' them see what they are working on and get direction From Council,on which oes they would like the Council to work on. Mr. James stated that Parks, Recreation and Community Services Director George Logan provided him with a copy of the latest Game Time 2014 Playground Design Guide, Game Time'is the company that designed our playground equipment, you will notice the;City of Sehertz Playscape is prominently displayed on the cover. City Manager (J. Kessel) Mayor'Carpenter recognized City Manager John Kessel who stated he would be providing the information under the next agenda item. Presentation • Employee Longevity Recognition (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated that this evening they would be honoring three staff members who have 20 or more years of service with the City. Among the three individuals being recognized tonight, they have a total of 65 years of service to the City, and that only includes from their official full -time hire date. As you will see, most of them worked part -time or volunteered with the City before being hired on full - time. They have dedicated their lives to giving back to the community they hold near and 02 -04 -2014 Minutes Page - 2 - dear to their hearts. With their hard work, they have each made monumental changes in their respective fields that have helped shape where they are today. The three honorees tonight have a common thread woven among them; they are all part of our "Core Business" that is Public Safety. Two of our gentlemen have logged their time with the Fire Department and the other is with the Police Department. Listening to them remember stories from years ago proved to be very entertaining. From hearing about the time a helicopter landed in the narrow margin of the parking lot of a carwash on FM 1518, to a time where a rescue helicopter dumped fuel right on IH 35 to be able to carry more people from an accident scene, these guys have truly seen it all. They have also seen the technology change tremendously through the years and have helped play an integ`al part in making sure Schertz is at the forefront of where we need to be. Gone "are the days of logging and dispatching calls with rotary phones and chalkboards; we have the advanced CAD dispatch system that does the work now. It is because of the vision and execution of these gentlemen here that our City is a safer and better place to work, live and play. Mr. Kessel stated when asked the question careers, they responded: Assistant Fire Chief Glen Outlaw stated "sere Coordinator for 9 years and helping to get it to where Police Dispatch Supervisor Ronnie Rutkowski stated where it is today." Battalion Chief Kirk Timke stated "working with leaders he knows thev can he "' Glen Outlaw — Full -Time Hire Date October 1, 1993 began his cart Emily to this t 1 system here in October.1993 Marshal iwJ995 Emergency Mari; their as the Emergency Management the dispatch system to and developing them into the in Sehertz in 1989 with the Volunteer Fire Department. He moved . because he was active duty Air Force at the time and the small pealed to him and his wife, Donna. He was hired by the City of ire inspector in October 1992 and was hired on full -time a year later worked his way up through the ranks and was promoted to Fire ten Assistant Chief in 2004. All the while he served as the City's nt Coordinator from 2000 — 2009. Glen is known for doing things by the books and though he's worked for 4 Fire Chiefs and five City Managers throughout his tenure, he mentions he has always had the City Staff's support and they have always stood behind him and his work. In the changing world of City Code, inspections and compliance, Glen can proudly say that every year is better than the last. Glen plans on retiring at the end of this year; he will have 21 years of City service and 15 years as a Master Peace Officer under his belt at that time. He enjoys spending time enjoying his hobbies of traveling in his motorhome, motorcycle riding and flying. Some may not know that Glen is a licensed private pilot and is a member of a flying club in this area. He jokingly states that after fueling up a plane, it makes you appreciate $3 gas! 02 -04 -2014 Minutes Page - 3 - Coming from Chief David Covington, he has this to say about Glen: "Glen likes to come across as gruff or mean, neither of which are true. Sorry Glen, your secret's out. Even with coffee cups that say "I'm Crabby ", or "Make my day ", or the one that looks like a grenade and asks you to pull the pin, he's really a softie at heart. In fact, I think his greatest asset as Assistant Chief is just how much he really cares for his firefighters. He will fight for them. Just mess with them and see. Glen does double duty as Assistant Chief for the department while serving as the Fire Marshal for the City. Both jobs are enormously important, and he juggles his time and efforts well. He's our lead on anything to do with radios or CAD or gadgets. In fact some of the guys call him "Gadget." Congratulations to him on achieving this milestone in serving the City and Citizens of Schertz." 20 YEARS Ronnie Rutkowski — Full -Time Hire Date October 7 1993 Communications Manager — Police Department Ronnie Rutkowski has been a member of Emergency Services in some form of fashion for most of his adult life. He started with Schertz PD temporarily as a dispatcher in October 1991 and then went up the road to New Braunfels PD in 1993. He returned to Schertz and was hired on full -time in October, 1993. He was then promoted to Communications Supervisor in October 1997, where his knowledge and impact have been evident over the years. When Ronnie returned to Schertz PD fall -time, he began his career here with a vision; he set out to accomplish many,things and with rnany years of hard work, he has done so. He has increased staffing in dispatch (started out with one dispatcher with a paper and pen to record the calls), computerized, the place (got rid of the old key cards) and got the dispatchers certified inthe EMT training (a huge advantage when they are on calls as they can help save lives too). With the way.teehnology has grown tremendously, Ronnie has seen it as a fun challenge to take on and improve the current way of doing things (for example, he,wgs instrumental in getting the computers in the patrol cars). from Lt. Mike Carey, he has this to say about Ronnie: "When it comes to' the area of dispatching no one is more knowledgeable than Ronnie Rutkowski, be it telling you where to go or how to get there. Ronnie is one of those individuals who can dispatch a call, answer 911, and drink his coffee without batting an eye. No one-is more'qualified than Ronnie when it comes to radios and consoles we use, he can take -one down and put it back together and only have a few nuts and bolts left over. For the serious -side - Ronnie is an integral part of the 911 Dispatch Center and without him it would be difficult to accomplish the task we face on a daily basis." Ronnie Rutowski is a true asset to our City. 25 YEARS Kirk Timke — Full -Time Hire Date October 1", 1988 Battalion Chief — Fire Department 02 -04 -2014 Minutes Page - 4 - Kirk Timke is a long -time Schertz resident. He moved here in 1974 and is married to the girl next door — literally (his parents live next door to hers). He began his career in the Volunteer Fire Department. As the City was still working on getting full -time positions together in the Fire Department, Kirk then worked part -time in the Water Department and pall -time in the Fire Department. During this time he was part of the crew that laid nearly 5 miles of water line on Ware- Seguin Road during the summer (aka "the Cantu line "). He recalls how they would work from 6:00 am — 7:00 pm during that time to get the project accomplished. His full -time career with Schertz Fire started in 1988. He mentions that a quality one needs to have as a firefighter is to be a quick learner — "get good or get gone" as he says. Kirk can proudly say that he is the first person to work 25 years in his department. Kirk worked his way up through the ranks and is currently shift commander on the A Shift. He jokes that "if you hang out long enough, they either gotta get rid of you or promote you!" Kirk has been there for the monumental changes in the 24/7 on October 1st, 1993 for example. He has worked played a key pall on being on the truck; selection c expertise during its construction. To him though,, what' the guys. He likes the opportunity to see the potential in take them to the next level with his encouragement priority is to make sure that the guys get home safe to next level of leaders in this department and does so with Coming from Chief David Fire Department; when they went to on fire trucks fox 27 years and has ommittee, providing the valuable s most important about his job are everyone there and then be able to and leadership. His number one their families. Kirk is guiding the "Kirk is our first firefighter to complete 25 years with the department. That makes him the "old man" of,suppression; although he is most certainly young at heart. Kirk is a most valuable asset to have around because he makes you think. You see, Kirk likes to argue, and I don't mean that in a bad way. Not at all. He challenges you to think through consequences and alternatives before moving forward, and that is good thing. I know sometimes he, does it just to mess with me, but it's still fun, and productive. I can only imagine the logic that is,"-discussed when he and Glen go to their regular "breakfast meetings" togetther.' Certainly, with 25 years of dedication to Schertz Fire Rescue,, Kirk deserves the recognition as a fnefighter and leader." Mayor Carpenter recessed the meeting at 6:49 p.m., for photo opportunities and congratulations. Mayor Carpenter reconvened `the meeting at 6:55 p.m., and moved to the Hearing of Residents section of the agenda. , Hearing of Residents: Mayor Carpenter recognized the following who spoke: • City Secretary Brenda Dennis who announced the upcoming "Community Volunteer Fair" April 10, 2014. She stated that the City is opening up the Volunteer Fair to all organizations within in the City. She stated that she has already received commitments from the Schertz Chamber of Commerce, GRAYSA and the Schertz Homes for Pets organizations. She looks forward to a great event and asked to pass the word along to other organizations that may be 02 -04 -2014 Minutes Page - 5 - interested in joining us that evening. Mrs. Dennis thanked Events Coordinator Mary Spence and Executive Director of Support David Harris for assistance in putting the brochure together. • Reverend Linda Montgomery, Schertz United Methodist Church, who spoke about their upcoming event on March 30, 2014, "Faith in Action ", a Free Handyman service workday. She stated that if you or someone you know needs help, or if you would like to get involved to contact Schertz United Methodist Church. Reverend Montgomery provided the Council with a brochure on the upcoming event. • Mr. Daniel Scott, 3941 Brook Hollow, who spoke on tr during school hours and registration of legal names on Planning Brian James invited Mr. Scott to attend tht Advisory Commission meeting this Thursday. Mayor Carpenter asked Mr. Scott to get with Executive Director of PI Executive Director of Operations John Bierschwale to let them know on the items he spoke on. Mayor Carpenter moved back to the Presentation section Presentation • Presentation and update regarding the Projects. (J. Bierschwale /A. Cockerell) Mayor Carp( Manager Ala( and activities: 75 a n Green Valley Drive Executive Director of Transportation Safety Brian James or is concerns are Corporation Schertz - Sequin Local Government Corporation General provided a PowerPoint presentation on the following topics addressed questions from Council. 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of January 28, 2014. (J. KesselB. Dennis) 2. Resolution No. 14 -R -08 — Consideration and /or action approving a Resolution approving and authorizing an Agreement for a Permanent Waterline Easement along Wiederstein Road from San Antonio One and San Antonio Three, Michigan Limited Partnerships in connection with the Wiederstein Road Waterline Project and authorizing the acceptance of such 02 -04 -2014 Minutes Page -6- Permanent Waterline Easement by the City in accordance with the terms of the Dedication Agreement, and other matters in connection therewith. (J. Bierschwale /J. Hooks) The following was read into record: RESOLUTION NO. 14 -R -08 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN AGREEMENT FOR A PERMANENT WATERLINE EASEMENT ALONG WIEDERSTEIN ROAD FROM SAN ANTONIO ONE AND SAN ANTONIO THREE, MICHIGAN LIMITED PARTNERSHIPS IN CONNECTION WITH THE WIEDERSTEIN ROAD WATERLINE PROJECT AND AUTHORIZING THE ACCEPTANCE OF SUCH PERMANENT WATERLINE EASEMENT BY THE CITY IN ACCORDANCE WITH `THE TERMS OF THE DEDICATION AGREEMENT, AND OTHER > MATTERS IN CONNECTION THEREWITH 3. Resolution No. 14 -R -08A — Consideration and/or action approving a Resolution approving and authorizing an Encroachment Agreement with CPS Energy to encroach on the existing electrical easement, and other matters in connection therewith.(J. Bierschwale /J. Hooks) The following was read into milli, A RESOLUTION BY THE CITY APPROVING I AND AUTHi EXISTING E CONNECTION OF THE CITY OF SCHERTZ, TEXAS AN AGREEMENT FOR AN PS ENERGY TO ENCROACH ON THE AND OTHER MATTERS IN 4. Resolution No, 14 -R -13 - Consideration and/or action approving a Resolution authorizing the Schertz- Seguin Local Government Corporation (SSLGC) Budget Amendment for Fiscal Year 2014, and other matters in connection therewith. (J. Bierschwale /A. Cockerell) The following was read.into record: RESOLUTION NO. 14 -R -13 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SCHERTZ- SEGUIN LOCAL GOVERNMENT CORPORATION (SSLGC) BUDGET AMENDMENT FOR FISCAL YEAR 2014, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Councilmember Fowler, to approve Consent Agenda items 1 -4. The vote was unanimous with Mayor Pro -Tem Seagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried 02 -04 -2014 Minutes Page - 7 - Discussion and Action Items 5. Resolution No. 14 -R -14 — Presentation and consideration and /or action approving a Resolution authorizing a Development Agreement with GE Oil & Gas Inc., and other matters in connection therewith. (J. Kessel/D. Gwin) The following was read into record: RESOLUTION NO. 14 -11-14 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A DEVELOPMENT AGREEMENT,_AMONG THE CITY OF SCHERTZ TEXAS, THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, AND GE OIL & GAS INC '.; AUTHORIZING CERTAIN BENEFITS BY THE CITY PURSUANT THERETO; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director of Economic Development David Gwin who stated in 2012 the Schertz Economic Development Corporation worked with Salof Companies ( "Salof') to relocate its operations into the vacant 400,000 square foot facility located at 1150 Schwab Road. In June of 2013, GE acquired Salof Companies. Currently GE has 225 employees at this location with an annual payroll of $9 million. Action requested of Council is to consider a Resolution and act on the Development Agreement with GE Oil & Gas Inc. Under the,agreement, GE will add 175 full -time jobs ($7 million in payroll) resulting in a total of 400 full -time jobs at the site with a total annual payroll of $16 million by December 31, 2015 and invest $8 million of new capital investment. Further, the City'and the SEDC:<will provide an infrastructure and fast tracking incentive, as" well as fund $200,000 extensions of David Lack Drive to be paid out of the Economic Development Fund. Staff, recommends approval. Mr. Gwin addressed questions fiom Council regarding if he had the tools necessary for future projects, stating his Board is committed but has staffing concerns in Development Services, Public Works and Public Mayor Carpenter requested that 'a joint meeting be set up with SEDC and the Council around the end of March to discidss sustainability of our success. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Councilmember Fowler, to approve Resolution No. 14 -R -14 as presented. The vote was unanimous with `Mayor Pro -Tent Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried 6. Ordinance 14 -T -03 — Consideration and/or action approving an Ordinance authorizing a budget adjustment to establish additional expenditures in the FY 2013 -14 Budget in the amount of $95,000 related to the purchase of a Vac -Con Vacuum Truck to be funded from the Public Works Equipment Replacement Fund; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance and providing an effective date. First Rending (J. Bierschwale /S. Willoughby) 02 -04 -2014 Minutes Page - 8 - The following was read into record: ORDINANCE NO. 14 -R -14 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO ESTABLISH ADDITIONAL EXPENDITURES IN THE FY 2013 -14 BUDGET IN THE AMOUNT OF $95,000 RELATED TO THE PURCHASE OF A VAC -CON VACUUM TRUCK TO BE FUNDED FROM THE PUBLIC WORKS EQUIPMENT REPLACEMENT FUND; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Assistant Public Works Director Jimmy Hooks who provided a Power Point presentation stating the Public Works requested and received approval in the FY 2013 -14 adopted budget to purchase a vacuum truck for safer, more, sanitary means of cleaning sewer lift- stations owned by the City in the amount of $205,000. After budget approval, staff further researched the trucks and found that a larger, more expensive model with more safety and operation features that would,provide a,better long -term investment for the City. The new truck will include enhanced safetyfeatures as well as an Inspector Camera System with DVR Recording Device. V390/1000 Vac -Con Total 1 $299,494 Staff recommends approval of a budget adjustment from the Public Works Equipment Replacement fund in the amount of $95,000 for a total of $300,000 for the purchase of a 2014 V390/1000 Vac -Con Vacuum Truck. Staff, recommends approval. Mr. Hooks answered questions from Council. Mayor Carpenter stated that with the addition of this truck, it will allow the City to be more efficient. ; Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro - Tern Scagliola, to approve Ordinance No. 14-T-03 on first reading. The vote was unanimous wui) , Mayor Pro -Tem Scag&14; Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 6. Executive Session Mayor Carpenter stated they would meet only under Item Number 11 and not Item 12. Mayor Carpenter recessed the regular meeting into executive session at 8:00 p.m. 02 -04 -2014 Minutes Page - 9 - 11. City Council will meet in closed session under section 551.074 Texas Government Code, Personnel Matters to evaluate the Municipal Prosecutor and Municipal Judge. Councilmember Edwards left the meeting at 8:23 p.m. Reconvene into Regular Session Mayor Carpenter reconvened the meeting at 8:25 p.m. Reconvene into Regular Session ILa. Take any necessary action based on discussions held in number 11. Mayor Carpenter recognized Mayor Pro -Ten Councilmember Fowler to recommend the follo increase to $775.00 per session; Judge Takas, in Dullnig, $370.00 per Teen Court Session and $ unanimous with Mayor Pro -Tem Seagliola, C voting yes and no one voting no. Councilmember Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Mayor Carpenter moved to -1 Requests and Announeemr 7. Announcements by • Citizen Kudo • Recognition s • New Departs 8. Request's b Mayor agenda. and actions under Agenda Item tgliola who moved, seconded by increase per session; Judge Hrneir, c to $740.00 per session; Prosecutor 10 per Court Session. The vote was dmembers Fowler, John, and Duke zrds was absent. Motion Carried the votes of item l la. of the agenda. Councilmembers that items be placed on a future City Council Mayor Carpenter recognized Councilmember Fowler who stated that he would like the Council to consider placing on a future agenda the yearly evaluation of the City Secretary Brenda Dennis and a six -month evaluation of the Deputy City Secretary Donna Schmoekel. He would like the Council to take a look at their performance to see if everything is going the way things need to be done. He stated that he is happy with the way things are going, but would like to hear from the others. Mayor Carpenter requested an item be placed on a future agenda either the end of February or first of March to discuss specific IT needs in support of our Court. 02 -04 -2014 Minutes Page - 10 - Mayor Carpenter recognized Councilmember Fowler who stated that recently the City Staff took the Sexual Harassment Awareness training and suggested the possibly the HR Director could provide the on -line link to Council as well to take at their pleasure. City Manager John Kessel stated that he would have the HR Director provide the information to them. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Carpenter recognized Councilmember Duke who requested staff look at the lights that are out on Schertz Parkway by the new development. Executive Director of Support David Harris stated that due to an accident on Schertz parkway a pole was knocked down and that 311 has placed a work order on the outage. 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attendee • City Council Committee and Liaison Assignments (see • Continuing education events attended and to be attends • Recognition of actions by City employees,, • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized events: • Friday, January 31, 2014, S • Monday, February 31 2014, Mayor events: Scagliola who stated he attended the following icil meeting at the Senior Center tting Ceremony at Ryder Transportation Fowler who stated he attended the following • Friday; January 31,2014, Special Council meeting at the Senior Center. He thanked Parks Recreation 'and,- Community Services George Logan, Sr. Administrative Assistant Sandy Bryant and Administrative Assistant Sherry Davis for stepping in and assisting in the transition process. Mayor Carpenter recognized Councilmember Duke who apologized for not being about to attend the meeting on .Friday due to a family commitment, but thanked everyone for what they are doing at,the Senior Center. Mayor Carpenter• also thanked George, Sandy and Sherry for all their help at the Senior Center. Adiournment As there was no further business, the meeting was adjourned at 8:41 p.m. Mayor, Michael R. Carpenter 02 -04 -2014 Minutes Page -11 - ATTEST: City Secretary, Brenda Dennis 02 -04 -2014 Minutes Page -12- CITY COUNCIL MEMORANDUM City Council Meeting: February 4, 2014 Department: Public Works Agenda No. 2 Subject: Ordinance No. 14- T -03 —An Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment to establish additional expenditures in the 2013 -14 Budget in the amount of $95,000 related to the purchase of a Vac -Con Vacuum Truck to be funded from the Public Works Equipment Replacement Fund: repealing all ordinances or parts of ordinances in conflict with this ordinance and providing an effective date Final Reading. C• . :1 ►1 Public Works requested and received approval in the FY 2013 -14 Budget to purchase a vacuum truck for safer, more sanitary means of cleaning sewer lift- stations owned by the City. Staff researched trucks and budgeted an amount based on proposals received. After budget approval, staff further researched the trucks and found that a larger, more expensive model with more safety and operation features would provide abetter long -term investment for the City. The budgeted truck was a 3 -yard capacity and as this would meet our current needs, it will not provide for the long -term future needs of the Department. There was also some safety concerns with the first truck we specified. In order to operate the vacuum portion of the machine, the transmission needed to be engaged. This could result in a safety hazard to the Public Works crews. Staff recommends approval of budget adjustment from the Public Works Equipment Replacement fund in the amount of $95,000 for a total of $300,000 for the purchase of a 2014 V390/1000 Vac -Con Vacuum Truck. The new truck will include enhanced safety features as well as an Inspector Cam Camera System with DVR Recording Device. V390/1000 Vac -Con Vacuum Truck $297,494 Radio, tools, and equipment $2,000 Total $299,494 Goal: To establish $95,000 in additional expenditures in the FY 2013 -14 Budget items related to the purchase of a Vac -Con Vacuum Truck to be funded from the Public Works Equipment Replacement Fund and approval to purchase truck from Buy Board since the expenditure exceeds $50,000. City Council approved this on first reading at their meeting of February 4, 2014. Community Benefit: By purchasing a larger model with more safety and operation features, City funds will be invested in equipment that will provide long -term needs for the City. Summary of Recommended Action: Approve Ordinance No. 14 -T -03 on first and final reading increasing the FY 2013 -14 Budget in the amount of $95,000 for expenses related to the purchase of a Vac -Con Vacuum Truck to be funded from the Public Works Equipment Replacement Fund. FISCAL IMPACT $95,000 additional funds added to the approved $205,000 in the FY 2013 -14 Budget for a total of $300,000. STAFF RECOMMENDATION Staff recommends approval of the budget adjustment Ordinance No. 14 -T -03 on the final reading. ATTACHMENT(S) Ordinance No. 14 -T -03 ORDINANCE NO. 14 -T -03 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO ESTABLISH ADDITIONAL EXPENDITURES IN THE FY 2013 -14 BUDGET IN THE AMOUNT OF $95,000 RELATED TO THE PURCHASE OF A VAC -CON VACUUM TRUCK TO BE FUNDED FROM THE PUBLIC WORKS EQUIPMENT REPLACEMENT FUND; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 13 -T -34, the City of Schertz adopted the budget for the City for the fiscal year 2013 -14, which provides funding for the City's operations throughout the 2013 -14 fiscal year; and WHEREAS, the City needs to adjust the budget to establish additional expenditures in the FY 2013 -14 Budget items related to the purchase of a Vac -Con Vacuum Truck to be funded from the Public Works Equipment Replacement Fund; and WHEREAS, the City staff recommends that the City Council approve this Ordinance increasing the FY 2013 -14 Budget in the amount of $95,000 for the purchase of a Vac -Con Vacuum Truck to be funded from the Public Works Equipment Replacement Fund; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the budget to establish $95,000 in additional expenditures in the FY 2013 -14 Budget, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the FY 2013 -14 Budget to establish $95,000 in additional expenditures related to the purchase of a Vac -Con Vacuum Truck funded by the Public Works Equipment Replacement Fund. 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 pail of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, this the 4th day of February, 2014. PASSED AND APPROVED ON FINAL READING, this thel 1"' day of February, 2014. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: February 11, 2014 Department: City Manager Subject: Ordinance No. 14 -F -01 - DISCUSSION AND ACTION REGARDING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING ORDINANCE NO. 04 -F -09, CPS ENERGY; PROVIDING FOR ADOPTION; THERETO; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. (Final Reading) BACKGROUND Goal Provide for management of the City's Rights -of -Way by utility companies. Community Benefit CPS Energy is one of three electric utilities in the City of Schertz. Franchise agreements are one method in which the City can effectively manage the use of the City's Rights -of Ways by these firms. The City has Franchise agreements directly with CPS Energy, New Braunfels Utilities, Guadalupe Valley Electric Cooperative, CenterPoint Energy; AT &T and Time Warner have a State - issued franchise agreement which permits telecommunication companies to have access to local Rights -of -Way. All firms pay Franchise Fees to the City for use of the Rights -of -Way. Summary of Recommended Action Adopt Ordinance No. 14 -F -0 1 on second and final Reading. Per City Charter, Council must wait 30 days before second and final reading on a franchise agreement on February 11, 2014; One week prior to final reading (February 4, 2014), the City Secretary will post the agreement on the City's web site (Agreement 50418595.1 City Council Memorandum Page 2 posted). Once final approval has been granted, the Franchise agreement becomes effective 30 days later, March 13, 2014. This agreement is for 20 years; this length of term is the typical length of time for Franchise Agreements. City Public Service (d/b /a CPS Energy) is proposing a 20 -year extension to its Franchise Agreement with the City of Schertz which expires February 28, 2014; the existing Agreement will remain in effect until the extension is effective March 13, 2014. The other proposed change is an increase in the Franchise Fee from 3 percent to 4 percent effective with start of the new franchise on March 13, 2014. This additional fee is already built into the planned 4.5 percent increase CPS has had approved by the City of San Antonio City Council. In a separate agenda item, staff is recommending that the added 1 percent of gross receipts to the City be segregated into the City of Schertz- controlled Schertz Infrastructure and Economic Development Fund. Staff recommends establishing the following uses for this fund: 1. To benefit the community and improve the quality of life of customers through the support of electric system improvements that have a public safety, public welfare to include environmental stewardship benefits to customers, and 2. To expand the economy of the City and thereby increase net electric revenues for the economic benefit of the City, or 3. Any other purpose the City Council may, in its opinion, supports economic activity of the City of Schertz. Other than an increase in Franchise Fee and change of dates, the agreement remains unchanged. Recommend approval on first reading. City Council approved this on first reading at their meeting of January 7, 2014. FISCAL IMPACT For FY 2013 -14, $420,837 is budgeted in the City's General Fund from CPS Energy; as the City grows, this number will increase in future years. For the proposed Community Infrastructure and Economic Development Fund, estimated annual revenue to be added to the fund is $140,279 or $70,140 for FY 2013 -14. RECOMMENDATION Approval of final reading of Ordinance No. 14 -17-01 ATTACHMENT Ordinance No. 14 -F -01 Existing Franchise Agreement with City Public Service. ORDINANCE NO. 14 -F -01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING ORDINANCE NO. 04 -F -09, CITY PUBLIC SERVICE (CPS ENERGY); PROVIDING FOR ADOPTION; THERETO; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance 04 -F -09, grants an electric and gas franchise for twenty years to City Public Service (CPS Energy); and WHEREAS, CPS Energy has requested an amendment to the existing franchise; and WHEREAS, the City of Schertz (City) finds that amending the franchise agreement and entering into the Addendum to Ordinance No. 04 -F -09 is in the best interests of the citizens of the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I. AMENDMENTS Ordinance No. 04 -F -09 is hereby amended to incorporate an Addendum to Ordinance No. 04 -F -09 that reflects the following changes and is attached in Exhibit 1: SECTION 1 DESCRIPTION. This agreement hereby grants the City of San Antonio, acting by and through the City Public Service Board, (CPS Energy), a twenty (20) year franchise commencing on March 13, 2014 for transmission, distribution and sale of electricity and gas within CPS Energy's certificated service area and within the City Schertz, Texas (Franchise Agreement). CPS Energy may construct, operate and maintain in, upon, over, under, and across the present and future streets, alleys, public ways and places within the City of Schertz, Texas (City) all the facilities CPS Energy deems reasonably necessary for the rendition of safe, reliable and economical electric and gas service (CPS Energy Facilities). SECTION 2. Payment for Sheet Rental. CPS Energy shall make a payment for street rental to the City in the amount of four percent (4 %) of CPS Energy's gross receipts from the sale of electricity and gas within the City. "Gross receipts" excludes uncollectibles. The payment for street rental shall be treated by CPS Energy as a system -wide cost of service, and shall not be identified separately on the customer bill. 2.1. The payment for street rental will reflect CPS Energy's gross receipts for such sales, on a quarterly basis and will be due to the City within thirty (30) days after the close of each quarter in CPS Energy's fiscal year. SECTION 3. Limitation on Assessments. No revision is made to this Section. SECTION 4. Audits. No revision is made to this Section. SECTION 5. Construction. Operation and Maintenance of Facilities. No revision is made to this Section. 5.1 No revision is made to this Subsection. 5.2 No revision is made to this Subsection. SECTION 6. Civic Improvements. No revision is made to this Section. SECTION 7. Use of Pole Space. No revision is made to this Section. SECTION 8. Rate Schedules. No revision is made to this Section. SECTION 9. Furnishing of Information. No revision is made to this Section. SECTION 10. Uniform Franchise Benefits. No revision is made to this Section. SECTION 11. Limited indemnity. No revision is made to this Section. SECTION 12. Effective Date. This Franchise Agreement shall become effective upon its adoption by the City in the form authorized by the board of CPS Energy. It shall supersede and take precedence over inconsistent ordinances, resolutions, or regulations hereafter or heretofore passed by the City. The payments provided for in SECTION 2 shall be effective for CPS Energy's gross receipts from electric and gas sales within the City commencing March 13, 2014, if this Franchise Agreement is adopted by the City on or before February 28, 2014, or otherwise shall be effective for CPS Energy's gross receipts from electric and gas sales within the City commencing the first day of the month following adoption by the City. SECTION 13. Headings. No revision is made to this Section. SECTION 14. Continuation of Agreement, No revision is made to this Section. SECTION 15. Assignment. No revision is made to this Section. Exhibit A: Confidentiality Agreement for an Inter - governmental Transfer of Information. No revision is made to this Exhibit. H. The City Manager is authorized to enter into and execute the Addendum with CPS Energy to Ordinance 04 -F -09. 11 This Ordinance shall be cumulative of all provisions of ordinances of the City of Schertz, Texas, except where the provisions of the Ordinance are in direct conflict with the provisions such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. IV. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competentjurisdiction, such unconstitutionality shall not affect any of the remaining plu•ases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. PASSED ON FIRST READING, the 7th day of January, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the I ITtt day of FEBRUARY, 2014. ATTEST: Brenda Dennis, City Secretary SIGNED: Michael Carpenter, Mayor ORDINANCE NO. 5V- F- 9 FA&6311-1 1► / \�i 1�1 GRANTING AN ELECTRIC AND GAS FRANCHISE TO CITY PUBLIC SERVICE WHEREAS, the City of Schertz has reviewed and is satisfied with the qualifications of the Franchisee named below: NOW, THEREFORE, BE rr ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. DESCRIPTION. The City of San Antonio, acting by and through the City Public Service Board, (CPS), or the Franchisee, is granted a twenty-year franchise, commencing March 1, 2004, for transmission, distribution and We of electricity and gas within the City of Schertz (City). CPS may construct, operate and maintain in, upon, over, under, and across the present and future streets, alleys, public ways and places within the City all the facilities CPS deems reasonably necessary for the rendition of safe, reliable and economical electric and gas service (CPS Facilities). Section 2. PAYMENT FOR STREET RENTAL. CPS shall make a payment for street rental to the City in the amount of three percent (3 %) of CPS's gross receipts from the sale of electricity and gas within the City. "Gross receipts" excludes uncollectibles. The payment for street rental shall be treated by CPS as a system -wide cost of service, and shall not be identified separately on the customer bill. The payment for street rental will reflect CPS's gross receipts for such sales, on a quarterly basis and will be due to the City within sixty (60) days after the close of each quarter in CPS's fiscal year. Section 3. LIMITATION ON ASSESSMENTS. The street rental charge is in lieu of all other fees or charges and the City shall not impose or collect, nor attempt to impose or collect, any charge or fee in connection with the construction, operation and maintenance of CPS Facilities within the City other than the payment for street rental provided for under Section 2 above. Section 4. AUDITS. Upon written notice to CPS, the City shall be entitled, during normal working hours and at reasonable intervals during the term of this agreement, to audit records of CPS supporting the payment for street rental, including customer lists, to the extent such information is public information. Section 5. CONSTRUCTION, OPERATION AND MAINTENANCE OF FACILITIES, CPS may open cut streets, curbs and sidewalks, bore, or utilize any other methods it deems reasonably necessary to construct, operate and maintain CPS Facilities within the City. The design and construction of CPS Facilities and CPS's access to and restoration of paved surfaces shall be in accordance with CPS's design and construction standards. Information concerning and copies of CPS's design and construction standards shall be made available to the City upon request by the City. Street cuts and restoration of paved surfaces shall be subject to ordinances that may be adopted by the City to the extent that such requirements are not in conflict with the following provisions. a. Prior to starting any work, CPS shall give ten (10) days written notice of the scope and duration of the work to the official designated by the City. Prior notice may be reduced or waived by the City in order to allow the work to proceed. In the event CPS determines there is an emergency, CPS may act without any prior notice, but shall provide notice to the City as soon as practicable. b. The surface of any street, alley, or public way or place, landscaping, and any other improvement disturbed by CPS shall be restored by CPS within a reasonable time after the completion of the work. Damages to landscaping and improvements caused by CPS or its contractors shall be repaired to the original condition, reasonable wear and tear excepted. No street, alley, or public way or place shall be encumbered by CPS for a longer period than shall be reasonably necessary to execute the work. CPS shall continue to maintain the integrity of the portion of any paved surface over CPS Facilities, as restored by CPS during the work, as long as CPS Facilities remain in use by CPS at that location. Section 6. CIVIC IMPROVEMENTS, The City shall give reasonable prior written notice of street repaving, widening or straightening projects to CPS. CPS shall, at its expense, relocate CPS Facilities in connection with activities reasonably related to the City's widening or straightening of streets. Section 7. USE OF POLE SPACE. CPS shall permit the City to use existing CPS poles for the City's communications conductors used for the City's governmental purposes, to the extent CPS determines space is available. Such use shall be subject to the City's execution of CPS's form of contract for pole attachment and payment of the CPS fees applicable to such service. Section 8. RATE SCHEDULES. CPS shall offer to serve the City s accounts under the rate schedules most favorable to the City, in accordance with CPS's Rules and Regulations applying to Electric and Gas Service. Section 9. FURNISHING OF INFORMATION. Upon the City s request, CPS will make available to the City meeting agendas for City Public Service Board meetings, information packets, and rate filings, and will arrange periodic sessions for presentations by and discussions with knowledgeable CPS employees. Section 10. UNIFORM FRANCHISE BENEFITS. If at any time during the term of this agreement, CPS enters into a franchise agreement for the provision of electric or gas service which provides increased financial benefits to any incorporated community in excess of the percentages stated in Section 2, CPS shall provide written notice of such event to the City. At the option of the City, which must be exercised in writing within sixty (60) days after the City s receipt of notice from CPS, this agreement shall be amended to incorporate such increased financial benefit. The amendment to the agreement shall be effective from the same date shown in the franchise with such other incorporated community. Section 11. LIMITED INDEMN=. It is expressly understood and agreed by and between the City and CPS that CPS shall indemnify and hold the City harmless from any and all loss sustained by the City on account of any suit, judgment, claim or demand whatsoever to the extent that such loss is attributed to the negligence of CPS, its agents or employees in the performance of services under this franchise agreement. Section 12. EFFECTIVE DATE. This franchise agreement shall become effective upon its acceptance by the City Public Service Board. It shall supersede and take precedence over inconsistent ordinances, resolutions, or regulations hereafter or heretofore passed by the City. The payments provided for in Section 2 shall be effective for CPS's gross receipts from electric and gas sales within the City commencing March 1, 2004, if this franchise agreement is adopted by the City on or before April 15, 2004, and otherwise shall be effective for CPS's gross receipts from electric and gas sales within the City commencing the first day of the month following adoption by the City. Section 13. HEADINGS. The headings of the sections in this agreement are for organizational purposes only. They have no separate meaning and shall not be read as affecting the language of the sections. Section 14. CONTINUATION OF AGREEMENT This agreement shall remain in effect beyond the expiration of its term until a new agreement becomes effective between the parties or until this agreement is terminated by either party upon 180 days prior written notice, which notice may precede the expiration date by not more than 180 days. Section 15. ASSIGNMENT. This agreement may be assigned by CPS upon mutual written agreement of the City and CPS. III City of Schertz Ordinance No. 83 -F -16 and any other ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Approved on fast reading the_2&dof March, PASSED, APPROVED AND ADOPTED the Mayor, City of Schertz, Texas U n� �� � City Secretary, City of Schertz, Texas (Seal of City) ACCEPTED: City Public Service Board of the City of San Antonio, Texas 0 Title: Date: PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS, County of Guadalupe 'S y Before me, the undersigned authority, on this date personally appeared Tommy crow , known to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin Gazette - Enterprise, a newspaper published in said county; that a copy of the within and foregoing notice was published in said newspaper time(s) before the return day named therein, such publications being on the following dates: M and a newspaper copy of which is hereto attached. _ Swofl4o and subscribed before me this ?��ay of � A.D., 2004. CARC?L ANN AVERY y �* * nm ac�a�cuaara s y Notary Public, Guadalupe C, Texas ,��5 wh CemMsslm Erpues C8-S4 -204 p oun �J ty, LsG'L�G4;`LE.�' PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS, County of Guadalupe Before me, the undersigned authority, on this date personally appeared q c Tommy Crow , known to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin Gazette - Enterprise, a newspaper published in said county; that a copy of the within and foregoing notice was published in said newspaper / time(s) before the return day named therein, such publications being on the following dates: and a newspaper copy of which is hereto attached. Swom n subscribed before me this Za_�day of A.D., 2004. i (/c� \�CAROL ANN ANE inRY \ J Nalar PikBC St* o, res %p "°' 1AY �U. ^..n1iS�at - 0- 7;.'?M4 „ AN :,. .:ORD1NMCE. GRANTM AN ELEO- f CHi3� TO. CRY PUB u ED the ft ORY ..NWM .. .... Notary Public, Guadalupe County, Texas Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: January 11, 2014 Department: Subject: BACKGROUND City Manager Ordinance No. 14 -T -02 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING FOR THE CREATION OF THE SCHERTZ INFRASTRUCTURE AND ECONOMIC DEVELOPMENT FUND; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. (Final Rending) Goal Provide a segregated fund to pay for economic development and electric system upgrades for use by the City. Community Benefit The largest growth in Schertz is in the CPS Energy service territory. CPS once had a fund to assist with economic development and electric system upgrade in this area. Since CPS's business model will require them to seek additional funding for certain upgrades — such as wood to steel poles —the City can use the additional I percent being provided in the new franchise agreement to fund such projects and thus not tap the City's existing resources. Summary of Recommended Action Adopt an ordinance that creates such a fund for future use on special projects related to economic development and electric infrastructure. The CPS Energy Community Infrastructure and Economic Development (CIED) Fund was a fund that supported electric system improvements related to a City's economic development efforts until the program was terminated by the CPS Energy Board of Directors on January 30, 50448595.1 City Council Memorandum Page 2 2012. Prior to its termination, funding for the program came from 1% of gross receipts on CPS Energy account holders in the City. This fund supported the City's economic development efforts by allowing the Economic Development Department to offer funds to help defray the costs of a project's electric infrastructure including running new lines and adding electric facilities to support many Schertz projects including the Caterpillar facility along with the Capital Group and Tesoro data centers. The program also was used for overhead wooden pole to steel pole conversion including the removal of utility poles at Crescent Bend Nature Park. Under the project's closure, remaining fiends were distributed to participating cities including Schertz. The Finance Department has segregated the payments into a separate fund Schertz Infrastructure and Economic Development (SIED Fund in the General Fund) for tracking purposes. Though the City can essentially spend these funds as it desires, staff recommends using these funds for their original purpose: economic development and electric utility related projects in the CPS Energy portion of the City. $264,330 has been received since the closure of this fund by CPS Energy; two projects have been funded out of this fund (Capital Group property tax rebate and a Pfeil Road wood to steel pole conversion) leaving a balance of $92,427. Tonight, CPS Energy is proposing a 20 -year extension to its Franchise Agreement with the City of Schertz. Arnong the proposed changes is an increase in the Franchise Fee from 3 percent to 4 percent effective with start of the new franchise on March 13, 2014. This additional fee is already built into the planned 4.5 percent increase in fees system -wide that CPS has had approved by the City of San Antonio City Council. Staff is recommending that the added 1 percent of gross receipts to the City be segregated into the City of Schertz- controlled Schertz Infrastructure and Economic Development Fund. Staff recommends establishing the following uses for this fund: 1. To benefit the community and improve the quality of life of customers through the support of electric system improvements that have a public safety, public welfare to include environmental stewardship benefits to customers, and 2. To expand the economy of the City and thereby increase net electric revenues for the economic benefit of the City, or 3. Any other purpose the City Council may, in its opinion, supports economic activity of the City of Schertz. City Council approved this on first rending at their meeting of January 7, 2014 and requested the City rename the fund which this final Ordinance has renamed the fund to "THE SCHERTZ INFRASTRUCTURE AND ECONOMIC DEVELOPMENT FUND." FISCAL IMPACT Estimated annual revenue to be added to the fund is $140,279 or $70,140 for FY 2013 -14. RECOMMENDATION Approval of Ordinance No. 14 -T -02 final reading ATTACHMENT City Council Memorandum Page 3 Ordinance No. 14 -T -02 ORDINANCE #14 -T -02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING FOR THE CREATION OF THE SCHERTZCOMMUNITY INFRASTRUCTURE AND ECONOMIC DEVELOPMENT FUND; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance 04 -F -09, effective March 1, 2004, grants an electric and gas franchise for twenty years to City Public Service (CPS Energy); and WHEREAS, CPS Energy has requested an amendment to the existing franchise; and WHEREAS, the City of Schertz (City) finds that amending the franchise agreement and entering into the Addendum to Ordinance No. 04 -F -09 is in the best interests of the citizens of the City as codified in Ordinance No. 14 -T -02; and WHEREAS, the Addendum increases the Franchise Fee from 3 to 4 percent of gross receipts; and WHEREAS, the City of Schertz has budgeted 3 percent Franchise Fee revenues for FY 2013 -14 and has not budgeted the additional 1 percent increase in Franchise Fee revenues the City will begin receiving in March 2014; WHEREAS, the City of Schertz has previously received funds from CPS Energy Community Infrastructure and Economic Development once the program was closed; and WHEREAS, the City of Schertz desires to create its own Schertz Infrastructure and Economic Development Fund with the additional 1 percent increase in Franchise Fee revenues from CPS Energy for use in economic development, electric system improvements and other purposes ; and WHEREAS, Ordinance No. 14 -F -01 is scheduled to take effect March 13, 2014. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. City Council authorizes the creation of the SchertzInfrastructure and Economic Development Fund (SIED Fund) to be funded by one - fourth of the Franchise Fee received from City Public Service, d /b /a CPS Energy, beginning March 13, 2014. The City reserves the right to amend the amount of the Franchise Fee allocation based on various reasons, including any increases to the Franchise Fees received from CPS Energy during the duration of the franchise agreement or at the time of the renewal of the agreement. Section 2. Funds from the City's SIED fund shall be appropriated by project by Resolution of the City Council for the following purposes: 1. To benefit the community and improve the quality of life of customers through the support of electric system improvements that have a public safety or public welfare benefit to customers, or 2. To expand the economy of the City and thereby increase net electric revenues for the economic benefit of the City, or 3. Any other purpose the City Council may, in its determination, supports economic activity or electric system improvements in the City of Schertz. Section 3. This ordinance is effective upon the effective date of Ordinance No.14 -F -01, March 13, 2014. Section 4. This Ordinance shall be cumulative of all provisions of ordinances of the City of Schertz, Texas, except where the provisions of the Ordinance are in direct conflict with the provisions such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Section 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any please, clause sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. PASSED ON FIRST READING, the 7th day of January, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the 11th—day of February, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Agenda No.5 CITY COUNCIL MEMORANDUM City Council Meeting: February 11, 2014 Department: City Manager Subject: Resolution 14 -R -16 -- A RESOLUTION OF THE CITY OF SCHERTZ, TEXAS, N SUPPORT OF UNITED STATES HOUSE OF REPRESENTATIVES' HOMEOWNER FLOOD NSURANCE AFFORDABILITY ACT OF 2013 (HR 3370) AND OTHER MATTERS N CONNECTION THEREWITH. BACKGROUND Goal To encourage Congress to restore Flood Insurance subsidies that were removed in the Biggert- Waters Flood Insurance Reform Act of 2012. Community Benefit To aid homeowners in paying flood insurance subsidies thereby preventing property tax erosion. Summary of Recommended Action Approve Resolution 14 -R -16 in support of restoring flood insurance subsidies by the United States Congress. FISCAL IMPACT No City fiscal impact has been determined as to the impact of property value loss. RECOMMENDATION Approval of Resolution No.14 -R -16 ATTACHMENT Resolution No. 14 -R -16 50448595.1 RESOLUTION NO. 14 -R -16 A RESOLUTION OF THE CITY OF SCHERTZ, TEXAS, IN SUPPORT OF UNITED STATES HOUSE OF REPRESENTATIVES' HOMEOWNER FLOOD INSURANCE AFFORDABILITY ACT OF 2013 (HR 3370) AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the Biggert - Waters Flood Insurance Reform Act of 2012 sought to reform the nearly bankrupt National Flood Insurance Program due to recent payouts as a result of Hurricanes Katrina, Irene, Isaac, and Sandy; and WHEREAS, the goal of the Biggert- Waters Act was to shift the financial risk of insuring flood - prone properties from taxpayers to the private market; and WHEREAS, homeowners near coasts, rivers, and wetlands saw their insurance rates soar and their property values plummet; and WHEREAS, Members of the House have introduced the Homeowner Flood Insurance Affordability Act of 2013 (HR 3370) to delay the enactment of the Biggert- Waters Act provision that would charge the property owner the full amount for flood insurance and restore the flood insurance subsidy for affected property owners for five years; and WHEREAS, the United States Senate has recently passed S 1846, a companion bill to the Homeowner Flood Insurance Affordability Act of 2013 (HR 3370); and WHEREAS, the Homeowner Flood Insurance Affordability Act of 2013 (HR 3370) has bipartisan support of 182 cosponsors in the House and remains in the House Committee on Financial Services. BE IT RESOLOVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: 1. City Council encourages the United States House of Representatives to pass the Homeowner Flood Insurance Affordability Act of 2013 (HR 3370) with all due speed and haste. 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. 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. 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 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. 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. 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 11 `l' day of February, 2014 CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: February 11, 2014 Department: Engineering / Public Works Subject: Ordinance No. 14 -D -04 - An Ordinance by the City Council of the City of Schertz, Texas providing that the Code of Ordinances of the City of Schertz, Texas be amended by adding Hickory Lane to Article V, Section 86 -149 Parking Prohibited on Roadways Maintained by the City of Schertz. (First Reading) BACKGROUND At the August 13, 2013 Council Meeting, staff presented an ordinance prohibiting parking around a cul -de -sac in the Greenshire Subdivision on Hickory Lane. Council directed staff to work with the residents and the HOA Board to determine if there was a need for restrictions around the other islands in the subdivisions as well. Since that time staff attended a HOA Board meeting on September 26, 2013 to discuss the concerns and agree on a plan of action and the target areas. On December 19, 2013 staff visited with homeowners (or left door hangers with contact information) at the homes in the target areas. The almost overwhelming response from the residents around the rest of the islands in Greenshire were they were no problems as the residents work together well and self - regulate. At the January 9, 2014 Transportation Safety Advisory Commission (TSAC) meeting we reported back to the commission and the consensus was to move forward with the previous recommendation of prohibiting parking in the areas as indicated on Exhibit A. Goal To ensure that all streets maintained by the City are currently listed and up to date in the City Code Ordinance and to alleviate the parking issues around the island and in the cul -de -sac on Hickory Lane in the Greenshire Subdivision and to ensure that the City can provide proper health and safety services for the citizens of Greenshire by Emergency Services when the need arises. Community Benefit City Ordinances are current and up to date regarding all streets owned maintained by the City to strive to provide for the safety of the citizens of Schertz. Summary of Recommended Action Recommend approval on first reading to prohibit parking in certain areas around the island in the cul -de -sac on Hickory Lane in the Greenshire Subdivision as shown in Exhibit A. FISCAL IMPACT The fiscal impact will be $250.00 for no parking striping paid out of FY 2013 -2014 approved budget account number 101 - 359 - 551600 Street Maintenance RECOMMENDATION Staff recommends Council approve on first reading Ordinance No. 14 -D -04 to amend Article V, Section 86 -149 Parking Prohibited of the Code of Ordinances to include specific areas around the island in the cul -de -sac on Hickory Lane in the Greenshire Subdivision as shown in Exhibit A. ATTACHMENT Ordinance No. 14-D-04 Exhibit A — Hickory Lane Map ORDINANCE NO. 14 -D -04 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY ADDING HICKORY LANE TO ARTICLE V, SECTION 86 -149 PARKING PROHIBITED ON ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been established that the island in the cul -de -sac on Hickory Lane in the Greenshire Subdivision is not covered under Article V, Section 86 -149 Parking Prohibited of the City Code of Ordinances. WHEREAS, it is recommended to add the island in the cul -de -sac on Hickory Lane in the Greenshire Subdivision to the City Code of Ordinances under Article V, Section 86 -149, Parking Prohibited. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Article V, Section 86 -149 of the Code of Ordinances, Parking Prohibited on Roadways Maintained by the City of Schertz, Texas is amended to add the following: Street Extent Hickory Lane No Parking on cul -de -sac around the island in the cul -de -sac as outlined in 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance authorized herein 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 requited by law. PASSED ON FIRST READING, the I It" of February, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the _ day of 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) W W 1 N \ 1 \ \ \ \ O O �y \ 1 \ \ 1. n ,\ N L o W n o n- CP Z U °' i ° QP�ee iz£c 2 �O c� P O �a w elect > o N ° O CL E m Y C may 4 O O a z ' o a` No cn \ '' s� S s R +y t E'•# Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: February 11, 2014 Department: Fire /Police/EMS/Marshal/ Animal Control/ Subject: Ordinance No. 14 -T -05 — Authorizing additional funding for the P -25 Radio Project (First Reading) BACKGROUND Goal The City of Schertz Public Safety Departments seeks to replace all existing radios with P -25 Phase 2 compliant radios. Community Benefit Schertz Public Safety Departments rely extensively on radios for everyday operations. It is the mechanism by which services are dispatched to emergency incidents; the means by which public safety services communicate with each other at emergency incidents; and is the means by which personnel summon help when threatened or in dangerous situations. Therefore a reliable radio system is of paramount importance to the operation of these public safety services. The City of Schertz Public Safety Departments utilizes Harris radios on the Live Oak radio system for communications. To meet federal regulations, the Live Oak system will no longer support our existing radios as of January 2015. The project proposed in the attached ordinance will bring the City into compliance with the federal regulations allowing our public safety agencies to continue to utilize the Live Oak system, and other systems that may be available. Ordinance 13 -13-17 issued tax notes in the amount of $785,000 to purchase P -25 radios. At that time all affected agencies tested available brands of radios that met the P -25 criteria. After testing, all agencies chose Motorola radios as the best equipment to meet their operational needs. After evaluation functional needs and feature enhancements caused the price to be higher than the amount available from the tax notes alone. Therefore the attached 50077367.2 ordinance authorizes a budget adjustment allowing a $33,228.83 transfer from the Police Forfeiture Fund to the Capital Project fund to complete the project. The attached resolution then authorizes the City to execute a contract with Motorola in the amount of $761,530.55. Summary of Recommended Action Recommend approval of ordinance authorizing budget amendment and resolution authorizing purchase. FISCAL IMPACT Tax notes were previously sold with the net amount of $785,000. Police Forfeiture Fund will pay the additional amount of $33,228.83 for a total project amount of $818,228.83. RECOMMENDATION Recommend approval of first reading. ATTACHMENT(S) Ordinance No. 14 -T -05 Exhibit B —P -25 Radio Equipment Financial Spreadsheet 50077367.2 Attachment A Quote # Motorola Radio / Accessory Quotes Cost Q00000253546 EMS APX 7000 $135,905.45 Q00000253789 EMS Dual 7500 $24,891.00 Q00000253787 EMS Dash 7500 $22,059.00 Q00000253690 EMS / PD Dual Head $32,760.00 Q00000253656 PD 4500 Mobile $111,917.25 Q00000251338 PD APX6000 $293,386.80 Q00000253662 PD Moto $7,449.50 Q0000251334 Fire APX7000XE $104,802.75 Q00000253542 FD Admin APX7000 $25,981.00 Q00000253968 FD 7500 Mobile $75,250.50 Q00000253692 6500 Base $23,184.00 Q00000253779 Encryption Key $3,393.30 $860,980.55 Quote # Consolidated Telecom Services Installation Labor Cost 121613A PD Vehicles $7,800.00 121613B PD - Admin Dual Head $900.00 121613C PD - Motorcycles $1,200.00 904579 PD - Motorcycle Cables $400.00 121613D Marshals Office $1,200.00 121613E Animal Services $675.00 121613F EMS $7,200.00 121613G Fire Dept $6,450.00 121613H Base Station $2,707.16 $28,532.16 Motorola Radios /Accessories Cost $860,980.55 SW Public Safety Radio Face Plates (47 x $28.96 ) $1,361.12 CTS Motorola Installation Labor $28,532.16 LCRA Programming 191 Radios x $25.00 $4,775.00 Harris Phase II Upgrades x14@ $205 ea.) $2,870.00 Maestro Dispatch Console Upgrade $19,160.00 Sub -Total $917,678.83 Radio Trade -In Credit - $99,450.00 50077367.2 Total Project Cost $818,228.83 Project Cost $818,228.83 Subtract PD seizure funds - $33,228.83 Tax Note Funds - $785,000.00 Over /Under $0.00 50077367.2 Quote # Motorola Radio / Accessory Quotes Cost Q00000253546 EMS APX 7000 $135,905.45 Q00000253789 EMS Dual 7500 $24,891.00 Q00000253787 EMS Dash 7500 $22,059.00 Q00000253690 EMS / PD Dual Head $32,760.00 Q00000253656 PD 4500 Mobile $111,917.25 Q00000251338 PD APX6000 $293,386.80 Q00000253662 PD Moto $7,449.50 Q0000251334 Fire APX7000XE $104,802.75 Q00000253542 FD Admin APX7000 $25,981.00 Q00000253968 FD 7500 Mobile $75,250.50 Q00000253692 16500 Base $23,184.00 QUO000253779 JEncryption Key $3,393.30 $860,980.55 Quote # Consolidated Telecom Services Installation Labor Cost 121613A PD Vehicles $7,800.00 1216138 PD - Admin Dual Head $900.00 121613C PD - Motorcycles $1,200.00 904579 PD - Motorcycle Cables $400.00 121613D Marshals Office $1,200.00 121613E Animal Services $675.00 121613F EMS $7,200.00 121613G Fire Dept $6,450.00 121613H Base Station $2,707.16 $28,532.16 PD Seizure Fund Expense 1 $33,228,83 Project Cost $818,228.83 Subtract PD seizure funds - $33,228.83 Tax Note Funds - $785,000.00 Over /Under $0.00 Quote # Radio / Accessory Quotes Cost Q00000253546 EMS APX 7000 $135,905.45 Q00000253789 EMS Dual 7500 $24,891.00 Q00000253787 EMS Dash 7500 $22,059.00 Q00000253690 EMS Dual Head x5 $23,400.00 Q00000253692 EMS 6500 Base Station x4 $15,456.00 $221,711.45 ORDINANCE NO. 14 -T -05 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ADDITIONAL FUNDING FOR THE P25 RADIO TRANSITION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 13 -B -17, the City of Schertz (the "Ci_yt ") issued tax notes in the amount of $785,000, and adopted a project budget for the radio and communication equipment upgrade; and WHEREAS, the City needs to increase the Project Budget by $33,228.83 for the purchase, programming, and installation of the P25 compliant radios which will be funded by the Police Forfeiture; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Project Budget as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall increase the Project Budget and shall transfer $33,228.83 from the Police Forfeiture Fund to the Capital Project Fund 404 to fully implement the State mandated initiative radio compliance. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 11th day of February, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of 2014. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: February 11, 2014 Department: Purchasing & Asset Management Subject: Resolution No. 14 -R -15 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz approving a Purchasing Agreement between the City of Schertz and Motorola Solutions, Inc., for Project 25 compatible radios (B. Cantu/ J. Santoya/ R. Duprat - Waldo) BACKGROUND The City of Schertz is in the process of purchasing Project 25 compatible radios fulfilling a Federal Communications Commission (FCC) mandate by the January 2017 deadline. The mandate allows public servants, across county lines to communicate with each other during an emergency. Several radio systems were tested by stakeholder departments to decide on the best radio fit for the City. Motorola Solutions, Inc was the overwhelming choice by the stakeholders, meeting all the requirements mandated by the FCC. Goal Allow emergency services and departments to cornrnunicate with each other during an emergency, across city and county lines. Meet the requirements of the FCC Project 25 program before the January 2017 deadline. Community Benefit Improved communication interoperability with our communication partners. Effective and efficient delivery of city services to the citizens of Schertz and all surrounding communities. Summary of Recommended Action Staff is recommending approval of Resolution No. 14 -R -15. City Council Memorandum Page 2 FISCAL IMPACT Tax notes were previously sold with the net amount of $785,000. The Agreement with Motorola Solutions, Inc. for the radio equipment only, costs $761,530.55. RECOMMENDATION Staff recommends approval of Resolution 14 -R -15 approving a purchase of P -25, Phase 2, 6.25 kHz compliant radios from Motorola, Solutions, Inc. ATTACHMENT Resolution No. 14 -R -15 Purchase Agreement with Motorola Solutions, Inc. Attachment A -The Proposals Attachment B -The Motorola Warranty RESOLUTION NO. 14 -R -15 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE PURCHASE OF MOTOROLA RADIOS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City purchase P25 compliant radios from Motorola Solutions, Inc.; and WHEREAS, the City Council has determined that it is in the best interest of the City to purchase the P -25 compliant radios from Motorola Solutions, Inc. BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to purchase P -25 compliant, Phase 2 radio from Motorola Solutions, Inc. in the amount of $761,530.55. 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 11th day of February, 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - PURCHASE AGREEMENT This Agreement is between the City of Schertz, Texas ( "City" or "Purchaser ") and Motorola Solutions Inc. ("Motorola" or "Vendor "), each individually a "Party" and collectively the "Parties ", to be effective as of February. 2014 (`Effective Date "). GENERAL RECITALS WHEREAS, the City is required to meet the Federal Communications Commission, (FCC), mandates by January 2015, where systems in 700 MHz must demonstrate a 6.25 kHz operating mode and deploy a Project 25 Phase II 6.25kHz compliant radio system prior to the January 2017 deadline. WHEREAS, The City will need to procure P -25 Phase II compliant radios in order to meet the P25 Phase 11 regulations, along with the need to maintain interoperability with our communication partners: WHEREAS, The Vendor meets all of the requirements mandated by the FCC. WHEREAS, Houston - Galveston Area Council ( "H- GAC "), acting as the agent for various local governmental entities who are "End Users" under inteelocal agreements (including the Purchaser) has solicited proposals for radio communications equipment and conducted discussions with Motorola concerning its proposal and, where applicable, in accordance with the competitive procurement procedures of Texas law; and WHEREAS, H -GAC and Motorola entered into that certain Contract dated as of May 1, 2012 (the "Contract "), which provided that End Users may purchase radio communications equipment from Motorola pursuant to certain terms contained therein; and WHEREAS, the City desires to enter into an agreement with Vendor to purchase such equipment pursuant to the terms and conditions of the H -GAC Contract. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE FOLLOWING MUTUAL PROMISES AND THE MUTUAL BENEFITS TO BE DERIVED BY THE PARTIES HERETO, IT IS UNDERSTOOD, CONTRACTED AND AGREED AS FOLLOWS: SECTION I SERVICES GENERALLY 1.1 The City hereby contracts with Vendor to provide the equipment and accessories described in the Proposal, attached hereto as Attachment A and incorporated herein for all purposes (the "Proposal'), in accordance with the terms set forth in the Proposal. Contractor shall provide the services associated with such matters. 1 SECTION II INTEGRATION: MODIFICATION: SEVERABILITY• GOVERNING LAW 2.1 This Agreement embodies the entire understanding of the Parties; there are no further or other agreements or understandings, written or oral, in effect between the Parties. The drafting, execution, and delivery of this Agreement by the parties have been induced by no representations, statements, warranties, or agreements other than those expressed in this Agreement, and except as expressly provided to the contrary, the provisions of this Agreement are for the benefit of the Parties solely and not for the benefit of any other persons) or entities. 2.2 A waiver, alteration, or modification of any of the provisions of this Agreement will not be binding unless in writing and signed by authorized representatives of the Parties to this Agreement. 2.3 A determination by a court of law with competent jurisdiction that a section or any part of a section of this Agreement is void, Invalid, or unenforceable for any reason, shall not render void, Invalid, or unenforceable any other section or any part of any other section of this Agreement. 2.4 Except to the extent governed by United States law that preempts state law, this Agreement shall be governed by and construed in accordance with the laws of the State of Texas and Guadalupe County. SECTION III ■�[iyYC�� 3.01 All notices, requests, demands, or other communications affecting the terms of this Agreement shall be in writing, and shall be deemed to have been duly given if delivered in person, by facsimile or within ten (10) days after deposited in the United States mail, postage prepaid, certified, with return receipt requested. Notice shall be addressed to the Parties as follows: The City: City of Schertz, Texas 1400 Schertz Parkway Schertz, TX 78154 Attention: City Manager (210) 619 -1000 Facsimile No. (210) 619 -1050 Contractor: Motorola Solutions Inc. 1301 EastAlgonquin Road Schaumburg, IL 60196 (512) 924 -3891 [Remainder of page intentionally left blank.] 2 IN WITNESS WHEREOF, the parties have executed this Agreement; CITY OF SCHERTZ By: John C. I {ousel, City Manager Date: Title: M 555 ! l%i�� ��« %n� Date: /—d / -/ s -1 1 I C" [4u &Yal LI HZK6l01111l l_II_[1]1M PURCHASE OF GOODS The City of Schertz agrees to purchase Motorola Brand Project 25 Phase 2 radios and accessory goods (the goods) from Motorola Solutions Inc through the H -GAC (Houston Galveston Area Council) contract. Motorola Solutions Inc. agrees to deliver Project 25 Phase 2 compliant public service radios and accessories in the itemized quantities and under the conditions shown in the quotes in Attachment A. PURCHASE PRICE The City of Schertz agrees to pay Motorola the sum of seven hundred sixty -one thousand, five hundred and thirty dollars and fifty five cents ($761,530.55) USD. Motorola agrees to pay all fees associated with the H -GAC purchase. Pricing is considered FOB (free on board), with no additional shipping or delivery fees charged to the City of Schertz. The price is fixed and will not increase during the purchase and delivery period. ORDERING Motorola Solutions Inc. will sell, transfer and deliver the goods to the City of Schertz upon receiving the City of Schertz purchase order. The City of Schertz purchase order must be on City letterhead, identify Motorola Solutions, Inc, as the vendor. The purchase order will contain a "bill to" address with a contact name and phone number, and include a "ship to" address with contact name and phone number. The purchase order will be equal to the value of the order. The purchase order will identify the City of Schertz's tax exempt status, be in a non - editable format, and include a signature as required. DELIVERI( Motorola shall deliver all goods within 45 days of receipt of a delivered City of Schertz purchase order. Partial deliveries will be accepted. PAYMENT TERMS Partial deliveries will be accepted; however partial payments will not be made. Payment is due net 30 after completion of delivery of all items. WARRANTY All equipment will be warranted according to the manufacturer's standard warranty for a period not less than one year from the date of receipt of the entire delivery. The warranty is in Attachment B. TRAINING Motorola shall provide training, at no cost to the City of Schertz, in the use and end user programming (if any) at a City of Schertz property. Training shall cover each type of equipment provided and be geared toward the end user. Training will commence after all radlos have been received, Installed, and programmed, and will be conducted over a period of several clays to accommodate shift assignments. MANUALS Motorola shall supply the City of Schertz with user and programming manuals (as appropriate) for each model of equipment provided. INSTA11 AEON Installation will be performed by Consolidated Telecom Services who is a Motorola Solutions authorized installation center. PROGRAMMING & 13NCRYPTION Programming and encryption of the equipment into the Schertz /Give Oalr 'falls Group shall be performed-by the Lower Colorado River Authority, TERMINA'T'ION VOR CATISE The City of Schertz may terminate this agreement, without penalty, for cause based upon the failure of Motorola Solutions Inc. to comply with the terms and /or conditions of this agreement. CONDITIONS Conditions of this agreement will be governed by the laws of the State of Texas. Venue claim regarding this contract will lie In Guadalupe County, Texas. No additional terms or conditions will be binding upon Motorola Solutions Inc, or'the Cit, of Schertz, unless agreed in writing and signed by a duly authorized offleor if each party. ENTIRE AGREEMENT This Instrument sets forth the entire agreement between the parties, and no representation, promise or condition not contained herein shall modify these terms whether made prior to or subsequent to the execution of this agreement. This agreement will be considered final and agreed to by the City of Schertz and Motorola Solutions Inc. when (1) a fully executed final agreement, Including Attachments A &l3" Is delivered to each party; and, (2) Motorola receives a properly executed purchase order from file QIty of Schertz. -Z/-, Motorola Solutions Represeiikative Date City of Schertz Representative hate mm Ov�5,nac0 C � aw�00� p� d a zoB� o �oo D Q - x o q a z v� Oad. x O w mz S°a, s -1210 Sk aX c 2o,c� N p^ ao5o a of °, o `p "j�N p G m J° h5 El CL Zt 3e, ac v 20 C D 9 v 5 n w m V ro ro< 7 0 m m O � i3 v� U z 4t to to Z to �° O�U Ql DC N p 0 n`DJ(� 2 mom x -� 3 0 fD a. m � a K �3) •-a sC J Q ro9Z 500 ApAr°' Y g p art 4'D c o. c.0 o ru Sq w'ny�i ZpObs vOCm ,a.$ m ��o' pa 30 O C0 0aop• -o'� N OmNzR7m ,g� Z 'gym aa� �? 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N fA <A to w EA V E N N tJ V V V V VEA W ONO N 0000000 O fJIOOOOO �O �OOOO O O O O O O O O O O O O Q O to to to ' R d a0iwmmm�'tnvi�iN -1 W ( V� V V V V V (h N O V V N O 0 iN f O ( C7 N W W V V ' V 11 V (J � O101010 0000 COG A 0 0 0 x D x 4 �Q �a z In 4 ° m y o y ga oy N x n o o .Va V N D A a 2 D C � c D ?• O N W MI o� CF Q a � w A 0 0 0 x D x 4 �Q �a z In 4 ° m y o y ga oy N x n o o .Va V N D A ) \ \ R % # 0 a. »,.. ;,§(( ISO = ) \) /)(\ ®■ mam ®+ )3 mai /j \ § a / ) � \ \m§ �)) )2 k)3 �k) to )M // m§ (� jj \| •,e k(§ #k7 \m§ �)) )2 k)3 �k) Account Manager: Stephen Sample 1301 East Algonquin Rd Date: 11110113 quotes: Multiple - - - -- Prepared For. CI of Schanz eenvecrnumoer. wUAc Ship to Address: 0111 to Address: 000000253690 000000253789 City of 9chertz 1400 Schertz Pkwy *48cho tz 1I 08chanzP Emallf mbane&chertzcom OU0000263775 0000OD253542 000000253692 SohsrtY TX 78164 SOULS, TX 78164 Email: Agency: City of Schertz The MOL orderinglquote system will not allow me to show the credits because the offer expired In November. We are currently able to extend the $99,450 In credit towards your project. The credit amount Is based on quantity and type of units being purchased. Reference Quotes; QU0000253546 QU0000253662 000000253968 QU0000251338 000000253690 000000253789 QU00002$3656 000000253787 QU0000251334 OU0000263775 0000OD253542 000000253692 Please feel free to contact me with any questions Stephen Sample