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12-02-2014 Agenda with backupMEETING AGENDA City Council CITY COUNCIL December 2, 2014 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team Call to Order — City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Azzoz) City Events and Announcements • Announcements of upcoming City Events (J. BierschwaleB. James) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding 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. 12 -02 -2014 Council Agenda Workshop • Discussion and update regarding blighted areas in our neighborhoods. (Item requested by Councilmember Fowler) Q. Bierschwale/M. Harris /J. Hamilton) • Presentation and discussion regarding Employee Compensation Model. (Item requested by Councilmember Azzoz) (J. Kessel) Discussion and Action Items 1. Resolution No. 14 -R -93 — Consideration and approval of a Resolution by the Schertz City Council approving a Bond Resolution previously adopted by the Board of Directors of the Schertz /Seguin Local Government Corporation authorizing the issuance of bonds designated as "Schertz /Seguin Local Government Corporation Contract Revenue Improvement and Refunding Bonds, new Series 2015 "; acknowledging that these obligations were sold to Raymond James & Associates, Inc., Dallas, Texas, as the authorized Representative of a Group of Underwriters pursuant to the provisions of a purchase contract; ratifying, reconfirming, and readopting the provisions of a Regional Water Supply Contract executed between the City of Schertz, Texas, the City of Seguin, Texas, and the Schertz /Seguin Local Government Corporation; authorizing the Mayor, the City Manager, and the City Secretary of the City of Schertz, Texas to execute on behalf of the City of Schertz, Texas all documents in connection with this transaction; and other matters in connection therewith (J. Bierschwale /J. Kuhn/M. McLiney /A. Friedman) 2. Application for Landmark or Heritage Neighborhood Designation — Consideration and/or action approving a designation request for Landmark Property located at 505 Exchange Street. (B. James/D. Weirtz) 3. Resolution No. 14 -R -96 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, authorizing a Professional Services Agreement with Bury -San, Inc., relating to engineering and design for the David Lack Boulevard extension project. (B. James/K. Woodlee) 4. Resolution No. 14 -R -98 — Consideration and /or action approving a Resolution authorizing the application for the 2014 Assistance to Firefighters Grant. (J. Bierschwale /D. Covington) 5. Resolution No. 14 -R -97 — Consideration and/or action approving a process for considering and appointing an individual to the vacant Place 5 City Council position. (J. Kessel /B. Dennis Roll Call Vote Confirmation Requests and Announcements 6. Announcements by City Manager • Citizen Kudos 12 -02 -2014 City Council Agenda Page - 2 - • Recognition of City employee actions • New Departmental initiatives 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information. 9. 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 Adiournment 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 26th DAY OF NOVEMBER 2014 AT 11:30 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. greKJ12 DeV Va'S renda Dennis CPM, TRMC, MMC, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2014. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. 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 12 -02 -2014 City Council Agenda Page - 3 - 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 COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Mayor Pro -Tem John — Place 3 Lone Star Rail District Councilmember Fowler — Place 1 Councilmember Azzoz — Place 2 Interview Committee for Boards and Commissions Animal Control Advisory Committee Schertz Housing Board Liaison Sweetheart Advisory Committee Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember Edwards — Place 4 Councilmember Duke — Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 12 -02 -2014 City Council Agenda Page - 4 - CITY COUNCIL MEMORANDUM City Council Meeting: December 2, 2014 Department: Subject: Administration Resolution No. 14 -R -93 Agenda No. 1 CONSIDERATION AND APPROVAL OF A RESOLUTION BY THE SCHERTZ CITY COUNCIL APPROVING A BOND RESOLUTION PREVIOUSLY ADOPTED BY THE BOARD OF DIRECTORS OF THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION AUTHORIZING THE ISSUANCE OF BONDS DESIGNATED AS "SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION CONTRACT REVENUE IMPROVEMENT AND REFUNDING BONDS, NEW SERIES 2015 "; ACKNOWLEDGING THAT THESE OBLIGATIONS WERE SOLD TO RAYMOND JAMES & ASSOCIATES, INC., DALLAS, TEXAS, AS THE AUTHORIZED REPRESENTATIVE OF A GROUP OF UNDERWRITERS PURSUANT TO THE PROVISIONS OF A PURCHASE CONTRACT; RATIFYING, RECONFIRMING, AND READOPTING THE PROVISIONS OF A REGIONAL WATER SUPPLY CONTRACT EXECUTED BETWEEN THE CITY OF SCHERTZ, TEXAS, THE CITY OF SEGUIN, TEXAS, AND THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION; AUTHORIZING THE MAYOR, THE CITY MANAGER, AND THE CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS TO EXECUTE ON BEHALF OF THE CITY OF SCHERTZ, TEXAS ALL DOCUMENTS IN CONNECTION WITH THIS TRANSACTION; AND OTHER MATTERS IN CONNECTION THEREWITH BACKGROUND The SSLGC has been working with Southwest Securities and SAMCO Capital Markets, the SSLGC's Co- Financial Advisors, on refunding the SSLGC's outstanding Series 2007 Bonds for interest rate savings combined with $7,300,000 in new bonds to complete land and water rights acquisition portions of the Guadalupe Project. The refunding and new money will be sold together to minimize costs of issuance. FISCAL IMPACT The Bonds will be solely paid from the Pledged Revenues as outlined in the Regional Water Supply Contract that became effective November 15, 1999 and entered into by and among the Schertz /Seguin Local Government Corporation, the City of Schertz, and the City of Seguin. Preliminary interest rate indications show that Net Savings, after all costs of issuance and contributions, will be in excess of $2,300,000 ($90,000 annually until 2041). Savings will benefit Schertz and Seguin equally. RECOMMENDATION Staff recommends proceeding with the refunding and new bonds to lock in the savings and begin funding the Guadalupe Project and approving Resolution No. 14-R-93 ATTACHMENT Resolution No. 14 -R -93 RESOLUTION 14 -R -93 APPROVING A BOND RESOLUTION PREVIOUSLY ADOPTED BY THE BOARD OF DIRECTORS OF THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION AUTHORIZING THE ISSUANCE OF BONDS DESIGNATED AS "SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION CONTRACT REVENUE IMPROVEMENT AND REFUNDING BONDS, NEW SERIES 201599; ACKNOWLEDGING THAT THESE OBLIGATIONS WERE SOLD TO RAYMOND JAMES & ASSOCIATES, INC., DALLAS, TEXAS, AS THE AUTHORIZED REPRESENTATIVE OF A GROUP OF UNDERWRITERS PURSUANT TO THE PROVISIONS OF A PURCHASE CONTRACT; RATIFYING, RECONFIRMING, AND READOPTING THE PROVISIONS OF A REGIONAL WATER SUPPLY CONTRACT EXECUTED BETWEEN THE CITY OF SCHERTZ, TEXAS, THE CITY OF SEGUIN, TEXAS, AND THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION; AUTHORIZING THE MAYOR, THE CITY MANAGER, AND THE CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS TO EXECUTE ON BEHALF OF THE CITY OF SCHERTZ, TEXAS ALL DOCUMENTS IN CONNECTION WITH THIS TRANSACTION; AND OTHER MATTERS IN CONNECTION THEREWITH NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council of the City of Schertz, Texas (the "City ") has reviewed and hereby approves (i) the Bond Resolution as to form and content, including the factual findings contained therein and all documents referenced therein, adopted by the Board of Directors of the Schertz /Seguin Local Government Corporation (the "Corporation ") relating to the issuance of obligations designated as "Schertz /Seguin Local Government Corporation Contract Revenue Improvement and Refunding Bonds, New Series 2015" (the "Bonds "), (ii) the Bonds that were sold to Raymond James & Associates, Inc., as the authorized representative of a group of underwriters (the "Underwriters "), (iii) the Regional Water Supply Contract, including the factual findings contained therein, previously approved and executed among the City of Schertz, Texas, the City of Seguin, Texas (collectively, the "Cities "), and the Schertz /Seguin Local Government Corporation (the "Contract ") which provides certain security for the payment of these obligations, (iv) the bond purchase contract (the "Purchase Contract ") authorizing the sale of the Bonds to the Underwriters, (v) the Sale and Offering Documents (as defined in the Contract), including, but not limited to, the City's annual continuing disclosure requirements in accordance with the Rule (as defined in the Contract), (vi) the City's obligations under the Contract and acknowledges that the payment of principal of and interest on such Bonds is payable, in whole or in part, from the Annual Payments to be made by the Cities to the Corporation under and pursuant to the Contract, and (vii) the refunding of the Refunded Obligations and acknowledges that this refunding will provide present value savings to the Corporation. The Mayor, the City Manager, and the City Secretary of the City of Schertz, Texas are hereby authorized to execute on behalf of the City, the Purchase Contract, and any and all documents in connection with this transaction. This resolution may be relied upon by the appropriate representatives of the parties to this transaction and the Texas Attorney General in his review and approval of this transaction. 58132183.1 Section 2. The City Council recognizes that Section 53 of the Bond Resolution contains covenants of the City relating to the Bonds. Since certain financial information, financial status, operating data, and annual audits of the City's utility system will be entirely within the control and disposition of the City, and the Preliminary Official Statement and the Final Official Statement prepared in connection with the issuance of the Bonds (together, the "Official Statement "), describe a continuing disclosure undertaking agreement (the "Undertaking ") of the City, the City Council specifically adopts the covenants hereinafter described, which comprise the Undertaking, and shall comply therewith for so long as all or any portion of the Annual Payments made by the City under the Contract act as security for or a source of repayment of the Bonds. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EMMA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http://www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule 15c2 -12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2014, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 35 of the Bond Resolution, being the information described in Exhibit C thereto, and (2) if not provided as part of such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit C thereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such financial statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall file unaudited financial statements within such period and audited financial statements for the applicable fiscal year to the MSRB, when and if the audit report on such financial statements becomes available. Under current Texas law, including, but not limited to, Chapter 103, as amended, Texas Local Government Code, the City must have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit. The annual financial statement, including the auditor's opinion on the statement, shall be filed in the office of the City Secretary within 180 days after the last day of the City's fiscal year. Additionally, upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552. 58132183.1 -2- If the City changes its fiscal year, it will file notice of such change (and of the date of the new fiscal year end) with the MSRB prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non - payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional paying agent /registrar or the change of name of a paying agent /registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has 58132183.1 -3- assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations. Disclaimers. and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under the Bond Resolution for purposes of any other provision of the Bond Resolution. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or 58132183.1 -4- sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of the Bond Resolution that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word - searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the SEC. Section 3. Authorized Officials of the City will review and approve the Official Statement. Information appearing in the Official Statement concerning the City (including, particularly, the description of the Undertaking and Appendices C and E thereto), as of its date, were and are true and correct in all material respects. Insofar as the City and its affairs, including its financial affairs, are concerned, such Official Statement did not and does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. Insofar as the descriptions and statements, including financial data, of or pertaining to entities, other than the City, and their activities contained in such Official Statement are concerned, such statements and data have been obtained from sources which the City believes to be reliable, and the City has no reason to believe that they are untrue in any material respect. Section 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. 58132183.1 -5- Section 5. All ordinances and 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 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 8. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 9. This Resolution shall be in force and effect from and after the date of its adoption, and it is so resolved. [The remainder of this page intentionally left blank.] 58132183.1 -6- APPROVED THIS THE 2" DAY OF DECEMBER, 2014. ATTEST: City Secretary 58132183.1 -7- Mayor A NORTON ROSE FULBRIGHT November 10, 2014 Fulbright & Jaworski LLP by E -Mail 300 Convent Street, Suite 2100 San Antonio, Texas 78205 -3792 United States Ms. Brenda Dennis City Secretary Tel +1210 224 5575 City of Schertz Fax +1 210 270 7205 1400 Schertz Parkway nortonrosefulbright.com Schertz, Texas 78154 Re: Schertz/Seguin Local Government Corporation Contract Revenue Refunding Bonds, New Series 2014 Dear Brenda: I enclose as Exhibit A to this letter the agenda item to be utilized in preparing the agenda for the December 2, 2014 regular meeting of the City Council. Thank you for ensuring that this agenda item is posted in accordance with the provisions of the Texas Open Meetings Act. I also enclose as Exhibit B the suggested motion for this item. I also enclose a draft copy of the Approving Bond Resolution for inclusion in the City Council's agenda packets. Please send any comments to this Approving Bond Resolution to me as soon as possible so that it may be finalized. Lastly, I enclose Exhibit A and Exhibit B in Word format for your convenience. Thank you, in advance, for your prompt attention to this matter. If I can provide any additional assistance col {cerning this matter, please do not hesitate to contact me. Kuhn WJK/jcq Enclosure cc: Mr. John Kessel (City of Schertz, Texas) Mr. John Bierschwale (City of Schertz, Texas) Mr. Charles Zech (Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C.) Ms. Connie Lock (Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C.) Mr. Alan Cockerell (Schertz/Seguin Local Government Corporation) Ms. Regina Franke (Schertz/Seguin Local Government Corporation) Mr. Pat Lindner (Davidson, Troilo, Ream & Garza P.C.) Mr. Mark McLiney (Southwest Securities, Inc.) Mr. Andrew Friedman (Southwest Securities, Inc.) Ms. Veronica Alonzo (Southwest Securities, Inc.) Mr. Duane Westerman (SAMCO Capital Markets, Inc.) Fulbright & Jaworski LLP is a limited liability partnership registered under the laws of Texas. 58171224.1 Fulbright & Jaworski LLP, Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP, Norton Rose Fulbright South Africa (incorporated as Deneys Reitz, Inc.), each of which is a separate legal entity, are members of Norton Rose Fulbright Veren, a Swiss Verein. Details of each entity, with certain regulatory information, are at nortonrosefulbright.mm. Norton Rose Fulbright Verein helps coordinate the activities of the members but does not itself provide legal services to clients. Ms. Brenda Dennis November 10, 2014 Page 2 Mr. Allen Westerman (SAMCO Capital Markets, Inc.) Ms. Mary Ann Davis (SAMCO Capital Markets, Inc.) Mr. George W. Scofield (Firm) Mr. Clay Binford (Firm) Ms. Rachel S. Lisenby (Firm) Mr. Arnold Cantu, III (Firm) Ms. Lauren Ferrero (Firm) 58171224.1 A NORTON ROSE FULBRIGHT EXHIBIT A CONSIDERATION AND APPROVAL OF A RESOLUTION BY THE SCHERTZ CITY COUNCIL APPROVING A BOND RESOLUTION PREVIOUSLY ADOPTED BY THE BOARD OF DIRECTORS OF THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION AUTHORIZING THE ISSUANCE OF BONDS DESIGNATED AS "SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION CONTRACT REVENUE IMPROVEMENT AND REFUNDING BONDS, NEW. SERIES 2015"; ACKNOWLEDGING THAT THESE OBLIGATIONS WERE SOLD TO RAYMOND JAMES & ASSOCIATES, INC., DALLAS, TEXAS, AS THE AUTHORIZED REPRESENTATIVE OF A GROUP OF UNDERWRITERS PURSUANT TO THE PROVISIONS OF A PURCHASE CONTRACT; RATIFYING, RECONFIRMING, AND READOPTING THE PROVISIONS OF A REGIONAL WATER SUPPLY CONTRACT EXECUTED BETWEEN THE CITY OF SCHERTZ, TEXAS, THE CITY OF SEGUIN, TEXAS, AND THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION; AUTHORIZING THE MAYOR, THE CITY MANAGER, AND THE CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS TO EXECUTE ON BEHALF OF THE CITY OF SCHERTZ, TEXAS ALL DOCUMENTS IN CONNECTION WITH THIS TRANSACTION; AND OTHER MATTERS IN CONNECTION THEREWITH 58171224.1 EXHIBIT B A MOTION BY COUNCILMEMBER AND SECONDED BY COUNCILMEMBER THAT THE CITY COUNCIL APPROVE A RESOLUTION APPROVING A BOND RESOLUTION PREVIOUSLY ADOPTED BY THE BOARD OF DIRECTORS OF THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION AUTHORIZING THE ISSUANCE OF SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION CONTRACT REVENUE IMPROVEMENT AND REFUNDING BONDS, NEW SERIES 2015" 58171224.1 Schertz Historical Preservation Committee Application for Landmark or Heritage Neighborhood Designation This application is to serve as the means by which citizens may apply for approval to have a structure, residence, neighborhood, or designated area within the city limits or extra territorial jurisdiction (ETJ) of Schertz, Texas designated as either a "Landmark" property or a Heritage Neighborhood. "Landmark Property" shall mean any site or structure situated within the City of Schertz or its ETJ, designated by the Schertz Historical Preservation Committee (Commission) (SHPC) and declared by a majority vote of the Schertz City Council to be representative of a period of importance to the City's early development and/or representative of exceptional cultural, archaeological, architectural or personal significance. "Heritage Neighborhood" shall mean any significant concentration, linkage or continuity of sites or structures united by an early City development period, architecturally, archaeologically, or culturally by plan or physical development. NAME OF APPLICANT / NOMINATOR: Schertz Historical Preservation Committee ADDRESS OF APPLICANT / NOMINATOR: 1400 Schertz Parkway, Schertz, Texas 78154 TELEPHONE NUMBER: 210 -619 -1000 NOMINATION FOR: Landmark Property NOMINEE: 505 Exchange Street, Schertz, Texas SECTION A. DESIGNATION REQUEST STATEMENT OF JUSTIFICATION: The home at 505 Exchange Street, Schertz, Texas was built by a local San Antonio builder in the year 1929 for Mr. and Mrs. Max and Hulda Zamzow. The Zamzow family had previously owned a small farm between the then small towns of Cibolo and Schertz, Texas. The Zamzow's had five children who grew up in the home, one of whom is Mae Mylyus (born: 1924) who now resides at 1101 Fawn Dr., Schertz, Texas and who confirms her parent's ownership of the home until their deaths. Mae's father (Max) worked as a truck driver and was involved in the construction of Randolph Air Field in 1930 -1931. Mae resided in the home from 1929 until her marriage in 1948. The home stayed in the family following her parent's death. Her sister Nadine (Reicherzer) and husband Hugo next owned the house. Two sons of Nadine and Hugo Reicherzer inherited the home upon their parent's death (January 1998). The home is currently owned by the two sons (Gary & Kenny). The home retains its original exterior and interior design (two bedrooms /one bath /living room/kitchen) and has a basement area. Schertz Historical Preservation Committee Application for Landmark or Heritage Neighborhood Designation - Page 2 STATEMENT OF JUSTIFICATION CONT. Hugo and Nadine were active volunteers for the Schertz community having participated as members of the local PTA, the Schertz School Board and the Schertz Volunteer Fire Department. The home is representative of the best in design and construction of the early 20th century. Its size and set -back position on the large corner lot made it a glamorous and most admired home of the time. Its full frontage porch with attractive red brick surround was a special architectural feature unique within the community (see photo attached). The double dormer feature centered on the front roofline added spectacular architectural interest to the property. The home is worthy of Schertz landmark designation due to its position as one of the community's first neighborhood family dwellings and its unique architectural features that reflect a beauty and style unprecedented for the period. SECTION B. COMMITTEE ACTION — DATE APPROVED APPROVED WITH MODIFICATION DENIED SECTON C. CITY COUNCIL ACTION - DATE APPROVE APPROVE WITH MIDIFICATION DENIED Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: December 2, 2014 Department: Engineering Subject: Resolution No. 14 -R -96 — A Resolution by the City Council of the City of Schertz, Texas authorizing a Professional Services Agreement with Bury -SAN, Inc., relating to Engineering and Design for the David Lack Boulevard Extension Project and other matters in connection therewith. BACKGROUND At the time of development of the Lack's Furniture Store on IH 35 and Schwab Road, Lack's built half of the David Lack Boulevard for access to the property. When Sysco was under construction, the other half was built to extend to the driveway of their property. After the closing of the Lack's Furniture Store, the property was purchased by GE Salo£ GE Salof is in the process of expanding their business and in connection with an Economic Development Agreement, the City has agreed to pay for the approximately 300 -foot extension of David Lack Boulevard to service this expansion. The Development Agreement approved by Council in February, 2014, included the funding of $200,000 for that roadway extension project, both design and construction. The engineering consulting firm Bury -SAN, Inc. provided design services to Sysco and designed the existing constructed segment of David Lack Boulevard. Prior to hiring the City's current On -Call Engineering Firms, because of the project engineer's knowledge of the project site, Bury -SAN's services were requested to assist with this short extension. The approval of the Professional Services Agreement with Bury -SAN, Inc., will allow for this project to be designed bid for construction. The agreement includes Site Civil Engineering, Surveying, Geotechnical, and Title Research Services for this project. A current preliminary estimate of construction cost for the project is $176,000 which given the design costs would be over budget by approximately $13,000. Cost saving options will be explored during the engineering process to achieve the most cost effective design. Depending on the breakdown of costs of construction, drainage improvements, utility work, and street construction, staff will explore options to make up the difference in funding. Goal Enter into a Professional Services Agreement with Bury -SAN, Inc. for engineering and design to allow for bidding of project to construct an approximately 300 -foot extension of David Lack Boulevard. Community Benefit Provide for access to expansion for GE Salof who makes a major economic impact on the City. Completion of the roadway extension will fulfill one of the City's obligations included in the Schertz -GE Development Agreement. Summary of Recommended Action Staff recommends Council approve hiring Bury -SAN, Inc. to engineer and design approximately 300 -foot extension of David Lack Boulevard. FISCAL IMPACT Engineering and design cost for the project in the amount of $36,750 to be paid for from the Economic Development Fund. RECOMMENDATION Staff recommends Council approve Resolution 14 -R -96 ATTACHMENTS Resolution 14 -R -96 Professional Services Agreement Project Location RESOLUTION NO. 14 -R -96 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH BURY -SAN, INC., RELATING TO ENGINEERING AND DESIGN FOR THE DAVID LACK BOULEVARD EXTENSION PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City requires professional services relating to engineering and design for the David Lack Boulevard Extension Project; and WHEREAS, City staff has determined that Bury -SAN, Inc. is uniquely qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Bury -SAN, Inc. pursuant to the Engineering Services Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Bury -SAN, Inc. in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject 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 2nd day of December, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A ENGINEERING SERVICES AGREEMENT A -1 CITY OF SCHERTZ STANDARD PROFESSIONAL SERVICES AGREEMENT THE STATE OF TEXAS § GUADALUPE COUNTY § THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and entered by and between the CITY OF SCHERTZ, TEXAS, (the "City ") a Texas municipality, and Bury-SAN, Inc. ( "Professional'). Section 1. Duration. This Agreement shall become effective upon execution by both parties and shall remain in effect until satisfactory completion of the Scope of Work unless terminated as provided for in this Agreement. Section 2. Scope of Work. (A) Professional will provide engineering, design, consultation, project management, and other services as required to perform and complete the Scope of Work specifically identified in the Scope of Work attached hereto as Exhibit A. (B) The Professional shall perform its Services for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (C) The Professional may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent professional or when it has actual notice of any defects in the reports and surveys. If this information provided by City is incomplete or inaccurate, or if site conditions are encountered which materially vary from those indicated by City, or if City directs Professional to change the original Scope of Work shown in Exhibit A, a written amendment equitably adjusting the costs, performance time and /or terms and conditions, shall be executed by City and Professional. Section 3. Compensation. (A) Professional bills for its services on a time and materials basis using the Fee Schedule attached as Exhibit B. As requested, Professional has provided an estimate of the fees for the Work amounting to $36,750.00. Professional has included in this estimate all services and costs necessary to perform the Scope of Work and represents that all necessary David Lacks Boulevard Extension — Bury-SAN Page 1 services and costs for the performance of the Scope of Work are included in the Fee Schedule estimate. Professional will not exceed that estimate without prior approval from City. Professional will notify City, for approval, of any proposed revisions to the Fee Schedule. City approval is required prior to Professional performing any work which may alter the Scope of Work or increase the contract price from the estimate of the fees. City has the right to refuse any changes that would increase the Scope of Work or the contract price from the estimate of fees. No separate payment will be made for any work other than those items occurring in the Fee Schedule or negotiated and approved by City in a supplemental agreement for additional work in compliance with Section 4(B) of this Agreement. (B) Professional will submit monthly invoices for Services rendered, and City will make payment within thirty (30) days of receipt of Professional's invoices. If City objects to all or any portion of an invoice, it will notify Professional of the same within fifteen (15) days from the date of receipt of the invoice and will pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion of the invoice. Prices or rates quoted do not include state or local taxes. Section 4. Changes to the Project Work; Additional Work. (A) Changes to Work. Professional shall make such revisions to any work that has been completed as are necessary to correct any errors or omissions as may appear in such work. No additional compensation will be paid forwork performed to correct such errors or omissions. If the City finds it necessary to make changes to previously satisfactorily completed work or parts thereof, the Professional shall make such revisions if requested and as directed by the City and such services will be considered as additional work and paid for as specified under following paragraph. (B) Additional Work. The City retains the right to make changes to the Scope of Work at any time by a written order. Work that is clearly not within the general description of the Scope of Work and does not otherwise constitute special services under this Agreement must be approved in writing by the City by supplemental agreement before the additional work is undertaken by the Professional. If the Professional is of the opinion that any work is beyond that contemplated in this Agreement and the Scope of Work governing the project and therefore constitutes additional work, the Professional shall promptly notify the City of that opinion, in writing. If the City agrees that such work does constitute additional work, then the City and the Professional shall execute a supplemental agreement for the additional work and the City shall compensate the Professional for the additional work on a time and materials basis, at the rates contained in the Fee Schedule. If the Fee Schedule is inadequate to specify the rate, the parties will agree to a reasonable rate before performance and shall incorporate that rate into the supplemental agreement. If the David Lacks Boulevard Extension — Bury-SAN Page 2 changes deduct from the extent of the Scope of Work, the contract sum shall be adjusted accordingly. All such changes shall be executed under the conditions of the original Agreement. Any work undertaken by Professional not previously approved as additional work shall be at risk of the Professional. Section 5. Time of Completion. Time is the essence of this contract. The prompt completion of the services under the Scope of Work is critical to the City. Unnecessary delays in providing services under a Scope of Work shall be grounds for dismissal of the Professional and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Professional prior to the time of termination. The Scope of Work shall provide, in either calendar days or by providing a final date, a time of completion prior to which the Professional shall have completed all tasks and services described in the Scope of Work. Section 6. Warranty. (A) In performing services, Professional agrees to exercise professional judgment, made on the basis of the information available to Professional, and to use the same degree of care and skill ordinarily exercised in similar circumstances by reputable engineers performing comparable services. This standard of care shall be judged as of the time and place the services are rendered, and not according to later standards. Reasonable people may disagree on matters involving professional judgment and, accordingly, a difference of opinion on a question of professional judgment shall not excuse City from paying for services rendered or result in liability to Professional. (B) If any failure to meet the foregoing Warranty appears during one year from the date of completion of the service and Professional is promptly notified thereof in writing, Professional will at its expense re- perform the nonconforming work. (C) THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY. PROFESSIONAL DOES NOT WARRANT ANY PRODUCTS OR SERVICES OF OTHERS DESIGNATED BY CITY. Section 7. Insurance. Before commencing work under this Agreement, Professional shall obtain and furnish to the City evidence of the following insurance during the term of this Agreement David Lacks Boulevard Extension — Bury-SAN Page 3 and thereafter as required herein. Professional will procure and maintain insurance as required by law. At a minimum, Professional will have the following coverage: Professional Liability Insurance: professional errors and omissions liability insurance with limits of liability not less than $1,000,000 per occurrence covering all work performed by the Professional, its employees, sub - contractors, or independent contractors. Owner to be named as additional insured. Workers Compensation and Occupational Disease Insurance: The Professional shall carry and maintain during the term of this Agreement, workers compensation and employers liability insurance meeting the requirements of the State of Texas on all the Professional's employees carrying out the work involved in this contract. Owner to be named as additional insured. Commercial General Liability Insurance: The Professional shall carry and maintain during the term of this Agreement, commercial general liability insurance for bodily injury, death or loss of or damage to property of third persons on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000 per occurrence. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000 per occurrence. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Professional or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Owner to be named as additional insured. Automobile Liability Insurance: Professional shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of this contract by the Professional or its employees. Subcontractor: In the case of any work sublet, the Professional shall require subcontractor and independent contractors working under the direction of either the Professional or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Professional. Qualifying Insurance: The insurance required by this Agreement shall be written by non - assessable insurance company licensed to do business in the State of Texas and currently rated "B" or better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims made" form. David Lacks Boulevard Extension — Bury-SAN Page 4 Section 8. Safety. (A) City shall inform the Professional and its employees of any applicable site safety procedures and regulations known to City as well as any special safety concerns or dangerous conditions at the site. The Professional and its employees will be obligated to adhere to such procedures and regulations once notice has been given. (B) Professional shall not have any responsibility for overall job safety at the site. If in Professional's opinion, its field personnel are unable to access required locations or perform required services in conformance with applicable safety standards, Professional may immediately suspend performance until such safety standards can be attained. If within a reasonable time site operations or conditions are not brought into compliance with such safety standards, Professional may in its discretion terminate its performance, in which event, City shall pay for services and termination expenses as provided in Section 10: Termination. Section 9. Miscellaneous Provisions. (A) Subletting. The Professional shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Professional of any responsibility for work done by such subcontractor. (B) Ownership of Documents. As long as City is current in the payment of all undisputed invoices, all work product prepared by the Professional pursuant to this Agreement, including, but not limited to, all Contract Documents, Plans and Specifications and any computer aided design, shall be the sole and exclusive property of City, subject to the Professional's reserved rights. Professional's technology, including without limitation customary techniques and details, skill, processes, knowledge, and computer software developed or acquired by Professional or its Consultants to prepare and manipulate the data which comprises the instruments of services shall all be and remain the property of the Professional. (C) Professional's Seal. To the extent that the Professional has a professional seal it shall be placed on all documents and data furnished by the Professional to the City. All work David Lacks Boulevard Extension — Bury-SAN Page 5 and services provided under this Agreement will be performed in a good and workmanlike fashion and shall conform to the accepted standards and practices of the Professional's industry. The plans, specifications and data provided by Professional shall be adequate and sufficient to enable those performing the actual work to perform the work as and within the time contemplated by the City and Professional. The City acknowledges that Professional has no control over the methods or means of work nor the costs of labor, materials or equipment. Unless otherwise agreed in writing, any estimates of costs by the Professional are for informational purposes only and are not guarantees. (D) Compliance with Laws. The Professional shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Professional shall furnish the City with satisfactory proof of compliance. (E) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the City and is not an employee, agent, official or representative of the City. Professional shall not represent, either expressly or through implication, that Professional is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Professional. (F) Non - Collusion. Professional represents and warrants that Professional has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Professional further agrees that Professional shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the services performed by Professional under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Professional, Professional shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to this Agreement. (G) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, byway of illustration and not of David Lacks Boulevard Extension — Bury-SAN Page 6 limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection. Because force majeure events occur without fault on the part of the City and because Professional is in the best position to predict and protect itself from such events, no additional compensation will be made to Professional for expenses resulting from delay caused by any of the foregoing force majeure events. Professional's sole remedy for such delay is an extension of time. (H) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Services, this Agreement shall govern. The Scope of Services is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms. Section 10. Termination. The performance of work may be terminated or suspended by City, for any reason. Such suspension or termination shall be subject to notice of City's election to either suspend or terminate the Agreement fifteen (15) days' prior to the effective suspension or termination date. The Notice shall specify the extent to which performance of work is suspended or terminated and the date upon which such action shall become effective. In the event work is terminated or suspended by City prior to the completion of services contemplated hereunder, Professional shall be paid for the services rendered to the date of termination or suspension and reasonable services provided to effectuate a professional and timely project termination or suspension. Section 11. Indemnification. TO THE FULLEST EXTENT PERMITTED BY LAW, PROFESSIONAL SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND OWNER, THE CITY OF SCHERTZ, AND ALL OF ITS OFFICERS, DIRECTORS, AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, DEMANDS, LIENS, DAMAGES, LOSSES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, EXPERT AND ATTORNEYS FEES, ARISING OUT OF OR RESULTING FROM BODILY INJURY OR DEATH OF ANY PERSON, OR PROPERTY DAMAGE, INCLUDING LOSS OF USE OF PROPERTY (EXCEPTING DAMAGE TO THE PROJECT COVERED BY BUILDER'S RISK David Lacks Boulevard Extension — Bury-SAN Page 7 INSURANCE), ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR PROFESSIONAL'S PERFORMANCE OF SERVICES OR OTHER ACTIVITIES OF PROFESSIONAL, BUT ONLY TO THE EXTENT CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF PROFESSIONAL OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY PROFESSIONAL OR ANYONE FOR WHOSE ACTS PROFESSIONAL MAY BE LIABLE. Professional agrees to and shall contractually require its consultants and subcontractors of any tier to assume the same indemnification obligations to Indemnities as stated herein. Section 12. Notices. Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited with sufficient postage in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 13. No Assignment. Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 14. Severability. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 15. Waiver. Either City or the Professional shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 16. Governing Law; Venue. This Agreement and all of the transactions David Lacks Boulevard Extension — Bury-SAN Page 8 contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas, such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 17. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 18. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 19. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 20. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 21. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 22. Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 23. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. David Lacks Boulevard Extension — Bury-SAN Page 9 Section 24. Right To Audit. City shall have the right to examine and audit the books and records of Professional with regards to the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books and records will be maintained in accordance with generally accepted principles of accounting and will be adequate to enable determination of: (1) the substantiation and accuracy of any payments required to be made under this Agreement; and (2) compliance with the provisions of this Agreement. Section 25. Dispute Resolution. The parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. Section 26. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. David Lacks Boulevard Extension — Bury-SAN Page 10 EXECUTED on this the day of 12014. CITY: By: Name:John C. Kessel Title: City Manager ADDRESS FOR NOTICE: CITY City of Schertz Attn: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, Texas 78154 with a copy to: City Attorney City of Schertz, Texas Attn: Charles E. Zech 2517 N. Main Avenue San Antonio, Texas 78212 PROFESSIONAL: By: Name: Co . Armstrong Title: Principal PROFESSIONAL Bury-SAN, Inc. 922 Isom Road, Suite 100 San Antonio, TX 78216 David Lacks Boulevard Extension — Bury-SAN PAGE 11 Exhibit A Scope of Work This page is blank Standard ProlessionalSer vicesAgreentenl_Schertz BURY April 4, 2014 (Revised June 17, 2014) (Revised July 30, 2014) (Revised August 7, 2014) Ms. Kathryn Woodlee City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Re: David Lack Boulevard Extension Schertz, Texas Dear Ms. Woodlee: Proposal No. 14 -o82 Rev. 3 Project No. Z0ioo80i -5o00i We appreciate the opportunity to submit this proposal for professional services associated with the extension of David Lack Boulevard in Schertz, Guadalupe County, Texas. This proposal will include services for Site Civil, Surveying, and Sub - Consultants Services. These services will all be combined and provided within this proposal. A separate section is provided for each individual service. These sections will summarize the scope of services provided and associated fees. A subtotal is also provided for each service. Based upon our understanding, the project will consist of a t3oo LF extension of David Lack Boulevard. If you agree with the above scope of services and associated fees, please forward the City of Schertz Agreement for Consultant Services for our review and execution. Receipt of the signed Agreement will serve as our notice to proceed. We appreciate the opportunity to submit this proposal and look forward to assisting you in the development of this project. Upon your review of this proposal, we would appreciate the opportunity to meet with you to review and further clarify the project and scope as presented. Please call if you have any questions. 922 Isom Road Sincer ly, Suite 100 San Antonio, Texas 78216 P210.525.9090 Gary W. l;reela d, P.E. F210.525.0529 SENIOR PROJE T MANAGER Bury -SAN, Inc. TBPE F -1048 Austin San Antonio Dallas Houston I: \Proposal Log 2014 \14 -082 pro rev. 4.docx.mm Temple BURYINC.COM SCOPE OF WORK EXHIBIT "A" BURY SITE CIVIL ENGINEERING SERVICES BURY SITE CIVIL ENGINEERING SERVICES Page I z Based on our understanding of your needs at this time and the current status of this project, we propose to provide the following specific services: A. Public Paving Construction Documents The proposed project involves the planning, design and construction of public roadways. We understand we will submit a preliminary 50% plan set and a final l00% plan set. We will prepare Engineering Construction Documents and supporting documents for this roadway and associated. drainage system for review and approval by the City of Schertz. The design section and length of roadway will be defined on the plans and we have assumed the geotechnical design previously prepared for the existing adjacent section of David Lack Boulevard will be adequate for the design requirements for this extension. These documents will include plan /profile, details, and other City of Schertz required items for review and approval. We have assumed that no utility extensions will be required in the roadway. We understand a portion of the existing public water main May need to be relocated. 2. We will provide any necessary design and details needed for adjustment to the existing utilities that may be in conflict with the proposed improvements. 3. We will prepare an Erosion and Sedimentation Control Plan, which meets the current City of Schertz design criteria. 4. Coordinate with City of Schertz staff for the purposes of clearing staff comments and seek permit approval. B. Project Meetings Depending your needs and nature of the project, the amount of project meeting times can vary drastically. We have budgeted three project meetings two hours in length for the design and approval time period, for a total of approximately six hours. C. Bidding and Award Services We have assumed that the above described design documents will be combined into a single Construction Bid Package that will be publicly bid by the City of Schertz. 1. We will assist the Client in preparing the bid package including the Project Manuals and City Specifications. These documents will be delivered electronically. 2. We will prepare construction quantity take -offs and prepare a line item bid form. 3. Bury will attend the pre -bid conference and prepare minutes of the meeting. 4. Issue addenda as necessary to clarify the bidding documents. 5. Prepare the bid sheets, attend the bid opening, prepare the bid tabulations and assist the Client in the evaluation of the bids. BURY SITE CIVIL ENGINEERING SERVICES D. Public Works Construction Phase Services Page 12 1. Attend the pre- construction conference required by the City of Schertz prior to construction. 2. Provide two (2) periodic onsite construction observation services. 3. We will respond to Requests for Information (RFIs), review contractor submittals, and answer contractor questions. 4. Prepare construction cut sheets required by the City of Schertz. Have the cut sheets sealed by a Registered Professional Engineer and deliver them to the City of Schertz. 5. Based upon redlined As- builts furnished to us by the Contractor, revise the original Construction Drawings to reflect "Record Drawing" conditions and furnish to the City. 6. Once construction has been substantially completed, complete a final site observation visit and prepare a punch list as required. Once the punch list has been significantly completed, prepare an Engineer's Letter of Concurrence required by the City of Schertz. 7. The above items will be performed on a one (i) -time basis. Services performed outside of the above will be provided at our standard hourly rates as additional services. E. Reimbursables /Reproduction Reproduction, courier and delivery services will be provided for this project and billed in accordance to our Standard Rate Schedule. In addition, minor out -of- pocket expenses for travel expenses, courier and review agency fees, etc, incurred will be billed at Cost + zo %. We request that you issue checks for fees unless otherwise agreed upon in advance. We have provided an estimated budget for this phase. ASSUMPTIONS In preparing this proposal, we have made the following assumptions: • The project will be developed as a single phase. The floodplain note will be based on the current flood insurance rate maps prepared by FEMA or City approved drainage study only. • The fee does not include preparation of a floodplain study or research to determine if one is necessary or has been performed, or detailed drainage studies to analyze conveyance of offsite runoff involving hydrologic or hydraulic analyses, survey cross sections, fieldnotes and easements. • No public water or waste water extensions are required. • Any covenants, restrictions or any other similar documents will be prepared by your attorney. • No drainage improvements are required with this project. BURY PROFESSIONAL SURVEYING SERVICES BURY PROFESSIONAL SURVEYING SERVICES Page I i Based on our understanding of your needs at this time and the current status of this project, we propose to provide the following specific services: A. Surveys Development of this tract requires accurate surveys of a variety of items including boundary, topography, and trees. We will perform the following surveys to the requirements of the local governmental review agencies. 1. Route Design The nature of the project requires that route surveys be performed for onsite and offsite improvements. We will perform topographic, tree and right -of -way surveys needed for the planning and design of a ±30o LF extension of David Lack Blvd and associated public storm sewer improvements. The scope of these surveys has been adjusted to reflect the total project scope for use in this project. The scope of these services is defined as follows: Prepare a topographic and tree survey which will be used to complete the design of the roadway extension and public storm sewer system. The topographic survey will be based on an on- the - ground survey and will be produced at a one - foot contour interval. A tree survey will be performed on the ground, as required by City Ordinances. This survey is based on an estimated i tree to be located. Any significant increase in this number may result in an appropriate budget adjustment. Perform design route survey of the proposed roadway extension and public storm system. Provide topographic and improvements survey for the use in project design including plan /profile layout of route. A composite drawing will be prepared from the surveys. This composite will be prepared at a scale for approximately 1" = 40 ", or a scale suitable for use. This information will be utilized for preparation of a final base map to prepare the site plan. z. Field Notes and Exhibits Additional right -of -way will be required to be dedicated to the City of Schertz from adjacent landowners. It is assumed that the legal description (fieldnotes) will be sealed by a Registered Professional Land Surveyor (RPLS). A sketch will accompany each legal description. Based upon the route design survey to be performed above, we will prepare a fieldnotes description and exhibit if required for each portion of properties to be dedicated to the city as directed by you. ASSUMPTIONS In preparing this proposal, we have made the following assumptions: All boundary monumentation is recoverable and in good condition. There are no boundary problems, disputes or lawsuits associated with the tract, which would affect completion of the survey. PROFESSIONAL SURVEYING SERVICES Page 12 • Survey field notes and /or sketches required for easements, restrictive covenants or other documents will be prepared as an additional service unless specifically noted above. • Surveyor's Standard Certification is acceptable. • No construction phase surveying services are included. • Soil boring stake out is not included. BURY SITE RELATED SUB - CONSULTANT SERVICES BURY SITE RELATED SUBCONSULTANT SERVICES Page I i Based on our understanding of your needs at this time and the current status of this project, we propose to provide the following specific services: A. Site Related Sub - Consultant Services The nature of this project requires professional services from several sub - consultants. While we will coordinate with all the Design Team consultants, we have included the following sub - consultants under our contract in order to simplify the design process, Their fees are included in this proposal. 1. Geotechnical Engineer: Geotechnical services are not included in our scope of our services. Geotechnical report from previous roadway design will be used for the pavement recommendations. We will contract with a geotechnical engineer to provide construction material testing which it typical for this size and type of project. The subconsultant will be responsible for all aspects of their work. This scope is limited to the minimum testing requirements based on City of Schertz testing requirements. 2. Title Research: We will contract with a title company to provide title research to identify any easements, exceptions, or exclusions within the limits of the proposed property to be used for the roadway. The subconsultant will be responsible for all aspects of their work. ASSUMPTIONS The following services are excluded unless specifically included in this proposal. • Structural design of retaining walls, storm water splitter boxes or detention ponds, bridges, culverts and similar structures. • Geotechnical engineering, soil borings or analysis. • Environmental site assessments, wetlands, endangered species and KARST feature investigations. • Preparation of traffic safety, sign or signalization plans. • Design franchise utility services for electricity, gas, cable, telephone, etc. BURY Exhibit B SCHEDULE OF FEES FOR PROFESSIONAL SERVICES PROJECT FEE: PERSONNEL: See Fee Schedule attached. EXPENSES: CONDITIONS: Services will be performed in accordance with the City of Schertz Standard Professional Services Agreement. Standard Professional Services Agree men l_Scheriz PAGE 12 FEE SCHEDULE EXHIBIT "B" BURY SUMMARY OF SERVICES AND FEES BURY Lump Sum $ 21,700 Sub -Total $ 21,700 Lump Sum $ 3,500 Sub -Total $ 3,500 ter- W76 W Lump Sum $ 10,550 Sub -Total $ 10,550 TOTAL $ 35.750 BURY FEE SCHEDULE — EXHIBIT "B" Page 11 SITE CIVIL FEE SCHEDULE We propose to provide the specific services described above on a lump sum fee basis as follows: Item Fee Basis Fee Phase Fee Basis Fee 1 -4 Lump Sum $ 9,000 T .21 A.e � MM M� � Lump Sum $ 1,200 .03 Lump Sum v �1?{IICCS 1 -5 Lump Sum $ 5,000 .17 i Public �Noks anstructcznPhase�eres — 1 -7 Lump Sum $ 6,500 .29 Sub -Total Vff Cost + lo% $ 1,000 .89 Sub -Total $ 22,700 SURVEYING FEE SCHEDULE SUBCONSULTANT FEE SCHEDULE Item Fee Basis Fee Phase A.e � MM M� � 1 Route Design Lump Sum $ 2,500 .90 2 Field Notes and Exhibits Each + tax $ 1,000 .971 Sub -Total Is 3,500 SUBCONSULTANT FEE SCHEDULE TOTAL FEES $ 36,750 Please note that the above fees are based on a smooth project implementation and have assumed no major changes to the project after we begin final design and preparation of the design drawings and application for this project. Fees shown for the hourly basis elements are for budgeting purposes only and invoices will reflect the actual time and material costs incurred. Work provided outside the above scope of services will be billed as an additional service once approved in writing by your office. BURY Item Fee Basis Fee Phase A.e i. Geotechnical Engineer Lum Sum $ 8,050 .85 z. Title Research Lum Sum $ 2,500 .86 Sub -Total $ 10,550 TOTAL FEES $ 36,750 Please note that the above fees are based on a smooth project implementation and have assumed no major changes to the project after we begin final design and preparation of the design drawings and application for this project. Fees shown for the hourly basis elements are for budgeting purposes only and invoices will reflect the actual time and material costs incurred. Work provided outside the above scope of services will be billed as an additional service once approved in writing by your office. BURY EXHIBIT Client#: 83385 14BURYHOI ACORDTM CERTIFICATE OF LIABILITY INSURANCE D /DD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 8 /07/ 8/07/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Wortham Insurance &Risk Mgt a/c °NN Ext : 512 453 -0031 ac No): 512 453 -0041 221 West 6th St #1400 E -MAIL Austin, TX 78701 ADDRESS: EACH OCCURRENCE $1,000,000 512 453 -0031 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Cincinnati Insurance Company 10677 INSURED INSURERB: Hartford Underwriters Insurance 30104 Bury Holdings, Inc. dba: Bury, Inc. $10,000 PERSONAL BADVINJURY 221 West 6th Street, Suite 600 INSURERC: Austin, TX 78701 INSURER D: GENERAL AGGREGATE INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUB WVD POLICYNUMBER POLICY EFF MM /DD POLICY EXP MM /DD/YYYY LIMITS A GENERAL LIABILITY EPP0099500 9/0212013 09/021201 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXI OCCUR PREMIEES Ea ENcTED6ce $500,000 MED EXP (Any one person) $10,000 PERSONAL BADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN.L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY I PRO LOC JECT $ A AUTOMOBILE LIABILITY EBA0099500 9/0212013 09/021201 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB X OCCUR EPP0099500 9/02/2013 09/021201 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 EXCESS LIAB CLAIMS -MADE DED I X RETENTION $0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? � NIA 65WBAJ8051 2/01/2014 02/011201 X WCSTATU- OTH- s ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) yes, descdbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) ** Named Insured Schedule - excluding Workers Compensation ** Bury Holdings, Inc. (formerly known as: Bury+Partners Holdings, Inc.) Bury DFW, Inc. (formerly known as: Bury+Partners -DFW, Inc.) Bury SAN, Inc. (formerly known as: Bury+Partners -SA, Inc.) Bury AUS, Inc. (formerly known as: Bury+Partners, Inc.) (See Attached Descriptions) City of Schertz ATTN: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, TX 78154 111L•1c SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S479669/M433729 14FQO DESCRIPTIONS (Continued from Page 1) Bury HOU, Inc. (formerly known as: Bury+Partners- Houston, Inc.) DBA: Bury, Inc. Bury + Partners - Public Works, Inc. Land Design Partners, Inc. Land Design Partners - SA, Inc. Saenz + Bury Engineering, LLC Bury + Partners HS &A, Inc. GL/Auto Forms and Endorsements Schedule: Commercial General Liability Coverage Form #GA101 TX Contractors' Commercial General Liability Broadened Endorsement #GA233 Earlier Notice of Cancellation Provided By Us #IA4086 Cancellation Notification #IA4087 Additional Insured by Contract #AA4171 Blanket Waiver of Subrogation - Auto #AA4172 ** Named Insured Schedule - Workers Compensation I Bury Holdings, Inc. (formerly known as: Bury+Partners Holdings, Inc.) Bury DFW, Inc. (formerly known as: Bury+Partners -DFW, Inc.) Bury SAN, Inc. (formerly known as: Bury+Partners -SA, Inc.) Bury AUS, Inc. (formerly known as: Bury+Partners, Inc.) Bury HOU, Inc. (formerly known as: Bury+Partners- Houston, Inc.) DBA: Bury, Inc. Bury + Partners - Virginia, Inc. Bury + Partners - Public Works, Inc. Bury + Partners - HS &A, Inc. Land Design Partners, Inc. Land Design Partners - DFW, Inc. Land Design Partners - SA, Inc. WC Forms and Endorsements Schedule: Waiver of our Right to Recover from Others Endorsement #WC 000313 Texas Waiver of our Right to Recover from Others Endorsement #WC 420304 Texas Notice of Material Change Endorsement #WC 420601 SAGITTA 25.3 (2010/05) 2 of 2 #S4796691M433729 LETTER OF TRANSMITTAL Date: October 1, 2014 ProjectNo.: Roloo801 -50001 Attention: Cindy Raleigh Company: City of Schertz Address: 10 Commercial Place, Building 2, Schertz, Texas 78154 Phone: 210 -619 -1785 CC: Re: David Lack Boulevard Extension E] Courier ❑7Delivery ❑ Pick -Up ❑ Overnight ® U.S. Mail Quantity Description ofltem(s) 1 City of Schertz Standard Professional Services Agreement Notes: Please do not hesitate to contact our office with any questions or comments. Thank you, Gary W. Freeland, P.E. SENIOR PROJECT MANAGER 922 Isom Road, Suite ioo, San Antonio, Texas 78216 Phone (210) 525 -9ogo Fax (210) 525-0529 TBPE # F -1048 BURYINC.COM I: \100801 \5000i \AD Transmittals (LOTS & Faxes) \201410 o1 Raleigh.docx.cs Cynthia A. Raleigh From: Charles Zech <charles.zech @rampage- sa.com> Sent: Thursday, September 18, 2014 9:59 AM To: Cynthia A. Raleigh; Connie Lock Cc: John Kessel Subject: RE: Bury Engineering Contract for David Lacks Blvd Cynthia: We are relying on Mr. Chapman's legal expertise in this area. Charles E. Zech -IL Iqlans-10 Denton Navarro Rocha Bernal Hyde & Zech, F. C. 2517 N. Main Avenue San Antonio, Texas 78212 www.rampagelaw.com Fax (210) 225 -4481 Office (210) 227 -3243 charles.zech Aram pan e- sa.com CONFIDENTIALITY NOTICE This transmission is intended for the individual or entity to which it is addressed, and may be information that is PRIVILEGED & CONFIDENTIAL. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and have received this information in error, you are hereby notified that any dissemination, distribution, or copying of this communications is prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. From: Cynthia A. Raleigh [mailto:CRaleigh @schertz.coml Sent: Thursday, September 18, 2014 8:46 AM To: Charles Zech; Connie Lock Subject: FW: Bury Engineering Contract for David Lacks Blvd Good morning. Mr. Chapman created this agreement and before I can send for approval by management, I need an email from you stating that you approve this agreement. Thanks. Cindy From: Caroline Hall [ mailto :carolineCQ,bchapmanfirmtx.com] Sent: Wednesday, September 17, 2014 2:34 PM To: Cynthia A. Raleigh Cc: Kathryn J. Woodlee; Jeff Chapman Subject: Bury Engineering Contract for David Lacks Blvd Dear Cindy, Attached please find the modified Bury Engineering contract for David Lacks Blvd for your review. Please do not hesitate to call Jeff with any questions or changes you may have. Thank you, Caroline Caroline Hall Associate Attomey caroline chapmanfirmtx.com Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: December 2, 2014 Department: Fire Department Subject: Resolution No. 14 -R -98 - BACKGROUND The City is requesting authorization to apply for a 2014 Assistance to Firefighters Grant through the U.S. Department of Homeland Security for Vehicle Acquisition and Operations and Safety projects in the total amount not to exceed $240,000, of which 10% is matched by the City. Goal Secure a vehicle in an amount not to exceed $190,000 to be used exclusively at highway incidents to protect Fire, EMS, Police, and others while operating at an emergency scene. Purchase a hazardous materials identification tool not to exceed $50,000 to improve safety and efficiency of emergency operations when dealing with unknown substances. Community Benefit For protection at Roadway incidents the Fire Department uses existing equipment valued at as much as $750,000 to block the emergency scene from dangerous traffic. Providing a lesser cost vehicle to provide such protection is fiscally responsible. Such vehicle will be equipped with crash attenuator, message board, and equipment to reduce the damage, time -on- scene, and impact to traveling public. The Fire Department is the responsible local agency for all hazardous materials incidents in the City. When an abandoned hazardous material is unknown, it is very expensive to secure and dispose o£ Unknown hazardous materials must be treated as if they were worst case scenario materials, tying up resources and manpower. Quick, accurate material identification allows safe disposal of the product at a cost far less than declaring such as an unknown substance. Summary of Recommended Action Allow submission of grant application. FISCAL IMPACT Matching funds of up to $24,000 will come from Fire Department operating budget. Some replacement equipment will be deferred to accommodate the cost. RECOMMENDATION Approval of Resolution No. 14 -R -98 ATTACHMENT(S) Resolution No. 14 -R -98 RESOLUTION NO. 14 -R -98 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPLICATION FOR A GRANT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") wishes to apply for a 2014 Assistance to Firefighters Grant through the U.S. Department of Homeland Security; and WHEREAS, the grant projects shall not exceed a total of $240,000 and require City matching funds not to exceed $24,000; and WHEREAS, the City Council of the City of Schertz hereby finds and determines that it is in the best interest of the City to accept the 2014 Assistance to Firefighters Grant with a cost to the City not exceeding $24,000. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the application for the 2014 Assistance to Firefighters Grant for a total project amount not to exceed totaling $240,000 with matching funds by the City not to exceed $24,000. Section 2. The City Council hereby authorizes the City Manager or his designee to take all actions necessary in connection with the acceptance of the Grant including, but not limited to, executing the Grant Agreement, acceptance, rejection, to alter, or terminate the grant. Section 3. The City Council hereby assures that, in the event of loss or misuse of grant funds, all funds shall be reimbursed to the U.S. Department of Homeland Security. Section 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 5. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Item 4A FIRE Resolution AFG grant 2014 Page 1 Section 8. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 9. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 2nd day of December, 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Item 4A FIRE Resolution AFG grant 2014 Page 2 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: December 2, 2014 Department: City Secretary Subject: Resolution No. 14 -R -97 — Resolution announcing that the City Council is accepting applications for the Vacant Place 5 City Council position in the City of Schertz, Texas; approving the form of application for appointment; setting a deadline for submitting applications, setting an interview date; authorizing the City Secretary to advertise on the City's Website and in the City's Newspaper of Record that applications are being accepted for the Vacant Place 5 City Council Positon; and other matters in connection therewith BACKGROUND At the January 8, 2013, Council Meeting Council approved Ordinance No. 12 -M -34 on final reading regarding the procedures for appointing a Councilmember. Appointment Procedure for a Councilmember 5.2 Appointment Procedure for a Councilmember. (a) The Council may appoint a Councilmember to a vacant seat as authorized by Section 4.06 of the City Charter. (b) The Council will announce and advertise on the City's website and in the City's newspaper of record that applications are being accepted for a vacant position on Council. (c) A due date for applications to be submitted will be set. (d) Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of the City Charter. City Council Memorandum Page 2 (e) Applications will be received by the City Secretary's office and distributed to all Councilmembers. (f) An interview date will be set and posted for a public meeting. (g) Interviews of prospective candidates will be held in a public forum by a quorum of Councilmembers. (h) Councilmembers will discuss, and appoint by majority vote, the new member of Council at either the same meeting as the interviews or at a subsequent Council meeting. (i) The Council is the final judge of whether a candidate is qualified to serve as a Councilmember as set forth in Section 4.03 of the City Charter. 0) Council reserves the right to alter this procedure at any time by resolution or rule. Staff incorporated these procedures into the Current Council Rules of Conduct and Procedures. (See Attached Current Copy adopted by Ordinance No. 14 -M -46) Goal To establish a date and time for submittal of applications for the City Council Place 5 vacancy. Community Benefit Establishment of a fully seated Council. Summary of Recommended Action Staff recommends Council review the two (2) Resolutions No. 14 -R -97 (A) with a deadline to submit applications by December 15, 2014 and set interviews for December 16, 2014, or Resolution No. 14 -R -97 (B), with a deadline to submit applications by December 29, 2014, and set interviews for January 6, 2015, or may as stated above under (J) Council may reserve the right to alter this procedure by resolution or rule. FISCAL IMPACT None RECOMMENDATION Council discuss the above options and direct staff accordingly. ATTACHMENTS Resolution No. 14 -R -97 (A), Resolution No. 14 -R -97 (B), and Resolution No. 14 -R -97 (C) and Pros and Cons Sheet. RESOLUTION NO. 14 -R -97 (A) A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ANNOUNCING THAT THE CITY COUNCIL IS ACCEPTING APPLICATIONS FOR THE VACANT PLACE 5 CITY COUNCIL POSITION IN THE CITY OF SCHERTZ, TEXAS; APPROVING THE FORM OF APPLICATION FOR APPOINTMENT; SETTING A DEADLINE FOR SUBMITTING APPLICATIONS FOR APPOINTMENT; SETTING AN INTERVIEW DATE; AUTHORIZING THE CITY SECRETARY TO ADVERTISE ON THE CITY'S WEBSITE AND IN THE CITY'S NEWSPAPER OF RECORD THAT APPLICATIONS ARE BEING ACCEPTED FOR THE VACANT PLACE 5 CITY COUNCIL POSITION; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, pursuant to Ordinance No. 14 -M -46, the City Council of the City of Schertz, Texas (the "City ") adopted procedures to fill certain vacancies on the City Council (the "Procedures "); and WHEREAS, there is currently a vacancy in the City Councilmember Place 5 position; and WHEREAS, the City Council has determined that it is in the best interest of the City to seek applications for appointment to fill the vacant Place 5 Councilmember position in accordance with the Procedures; and WHEREAS, at the November 25, 2014, City Council meeting, the City Council directed City Staff to commence the process for accepting applications for appointment to fill the vacant Place 5 Councilmember position in accordance with the Procedures. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council of the City hereby announces that the City Council is accepting applications for appointment for the vacant Place 5 City Councilmember position. The City Council hereby directs the City Secretary, or her designee, to make the form of application set forth on Exhibit "A" attached hereto and incorporated herein (the "Application ") available to prospective candidates in accordance with the Procedures. In addition, the City Secretary, or her designee, is hereby directed to place a Public Notice on the City's website and in the City's newspaper of record announcing that the City is currently accepting qualified candidate applications in the form of the Application from citizens interested in serving on the City Council in Place 5 to fill an unexpired term expiring in November 2015. Section 2. The City Council hereby sets the deadline for submission of applications to the City Secretary as Monday, December 15, 2014 at 12:00 p.m., and the City Council hereby sets the date for interviews of qualified applicants for Tuesday, December 16, 2014, at 4:00 p.m. at the Hal Baldwin Municipal Complex, City Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. Section 3. 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 4. 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 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. 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 7. 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 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 2nd day of December, 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50594976.2 - 2 - EXHIBIT A APPLICATION FOR APPOINTMENT FOR THE VACANT PLACE 5 CITY COUNCILMEMBER POSITION RESOLUTION NO. 14 -R -97 (B) A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ANNOUNCING THAT THE CITY COUNCIL IS ACCEPTING APPLICATIONS FOR THE VACANT PLACE 5 CITY COUNCIL POSITION IN THE CITY OF SCHERTZ, TEXAS; APPROVING THE FORM OF APPLICATION FOR APPOINTMENT; SETTING A DEADLINE FOR SUBMITTING APPLICATIONS FOR APPOINTMENT; SETTING AN INTERVIEW DATE; AUTHORIZING THE CITY SECRETARY TO ADVERTISE ON THE CITY'S WEBSITE AND IN THE CITY'S NEWSPAPER OF RECORD THAT APPLICATIONS ARE BEING ACCEPTED FOR THE VACANT PLACE 5 CITY COUNCIL POSITION; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, pursuant to Ordinance No. 14 -M -46, the City Council of the City of Schertz, Texas (the "City ") adopted procedures to fill certain vacancies on the City Council (the "Procedures "); and WHEREAS, there is currently a vacancy in the City Councilmember Place 5 position; and WHEREAS, the City Council has determined that it is in the best interest of the City to seek applications for appointment to fill the vacant Place 5 Councilmember position in accordance with the Procedures; and WHEREAS, at the November 25, 2014, City Council meeting, the City Council directed City Staff to commence the process for accepting applications for appointment to fill the vacant Place 5 Councilmember position in accordance with the Procedures. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council of the City hereby announces that the City Council is accepting applications for appointment for the vacant Place 5 City Councilmember position. The City Council hereby directs the City Secretary, or her designee, to make the form of application set forth on Exhibit "A" attached hereto and incorporated herein (the "Application ") available to prospective candidates in accordance with the Procedures. In addition, the City Secretary, or her designee, is hereby directed to place a Public Notice on the City's website and in the City's newspaper of record announcing that the City is currently accepting qualified candidate applications in the form of the Application from citizens interested in serving on the City Council in Place 5 to fill an unexpired term expiring in November 2015. Section 2. The City Council hereby sets the deadline for submission of applications to the City Secretary as Monday, December 29, 2014 at 12:00 p.m., and the City Council hereby sets the date for interviews of qualified applicants for Tuesday, January 6, 2015 at 4:00 p.m. at the Hal Baldwin Municipal Complex, City Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. Section 3. 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 4. 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 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. 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 7. 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 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 2nd day of December, 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50594976.2 - 2 - EXHIBIT A APPLICATION FOR APPOINTMENT FOR THE VACANT PLACE 5 CITY COUNCILMEMBER POSITION RESOLUTION NO. 14 -R -97 (C) A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING A PROCESS AND PROCEDURE FOR APPOINTMENT OF AN INDVIDUAL TO THE VACANT PLACE 5 CITY COUNCIL SEAT; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, pursuant to Ordinance No. 14 -M -46 the City Council of the City of Schertz, Texas (the "City ") adopted procedures to fill certain vacancies on the City Council (the "Procedures "); and WHEREAS, there is currently a vacancy in the City Councilmember Place 5 position; and WHEREAS, the City Council has determined that it is in the best interest of the City to seek applications for appointment to fill the vacant Place 5 Councilmember position in accordance with the Procedures; and WHEREAS, City Council has previously adopted rules of Conduct and Procedure which includes a process for appointment to vacant City Council seats; and WHERES, pursuant to Section 5.2 0) of the Rules of Conduct and Procedure City Council may, at its discretion, alter the adopted process for appointment to City Council vacancies by resolution or rule; and WHEREAS, City Council finds and determines that it is necessary and appropriate to alter the adopted process as outlined in this Resolution for the single purpose of filling the current vacancy in Place 5. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council, pursuant to its authority in section 5.2 (J) of the City Council's Rules of Conduct and Procedures, hereby adopts the following procedures for City Council appointment to the currently vacant City Council Place 5: 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 2nd day of December, 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50594976.2 - 2 - EXHIBIT A APPLICATION FOR APPOINTMENT FOR THE VACANT PLACE 5 CITY COUNCILMEMBER POSITION CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these "Rules ") are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well -being of the community. There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act. As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: • Address the merits of the issues no personal attacks • Focus on representing the interests of all citizens. • Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. • Assume positive intentions don't look for hidden agendas. • Observe the City's written Rules of Conduct and Procedure. • When others are speaking, listen with an open mind. • Recognize that inappropriate public disclosure of confidential information can be detrimental to the City and its citizens. • Understand that "majority rules ". Once a vote is taken, if you were in the minority agree to disagree and move on. Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. • Coordinate all requests of the City staff through the City Manager. 10 -28 -2014 TABLE OF CONTENTS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ................................................................................. ............................... 2 3.3 Recessed Meetings .............................................................................. ............................... 2 3.4 Adjourned Meetings ............................................................................ ............................... 2 3.5 Executive Sessions .............................................................................. ............................... 2 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem ................................ ............................... 3 5.2 Appointment Procedure for a Councilmember ................................... ............................... 4 10 -28 -2014 1 Page ARTICLE 1. AUTHORITY 1.1 City Charter ......................................................................................... ............................... 1 1.2 Effective Date; Amendment ............................................................... ............................... 1 ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public .......................................................................... ............................... 1 2.2 Quorum ............................................................................................... ............................... 1 2.3 Minutes of Meetings ........................................................................... ............................... 1 2.4 Questions to Contain One Subject ...................................................... ............................... 1 2.5 Right to the Floor ................................................................................ ............................... 1 2.6 City Manager ...................................................................................... ............................... 1 2.7 City Attorney ...................................................................................... ............................... 2 2.8 City Secretary ...................................................................................... ............................... 2 2.9 Officers and Employees ...................................................................... ............................... 2 2.10 Rules of Order ..................................................................................... ............................... 2 2.11 Suspension of Rules ............................................................................ ............................... 2 2.12 Amendment to Rules ........................................................................... ............................... 2 2.13 Matters Not Addressed by Rules ........................................................ ............................... 2 ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ................................................................................. ............................... 2 3.3 Recessed Meetings .............................................................................. ............................... 2 3.4 Adjourned Meetings ............................................................................ ............................... 2 3.5 Executive Sessions .............................................................................. ............................... 2 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem ................................ ............................... 3 5.2 Appointment Procedure for a Councilmember ................................... ............................... 4 10 -28 -2014 1 TABLE OF CONTENTS (continued) 9.1 Page 9.2 ARTICLE 6. 8 9.3 ORDER OF BUSINESS 8 6.1 Agenda ................................................................................................ ............................... 5 6.2 Communication to Mayor and Council ............................................... ............................... 5 6.3 Approval of Minutes ........................................................................... ............................... 6 6.4 Presentations by Members of Council ................................................ ............................... 6 6.5 Consent Agenda .................................................................................. ............................... 6 9.9 ARTICLE 7. 10 9.10 CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 10 7.1 Printed, Typewritten, or Electronic Form ........................................... ............................... 6 7.2 City Manager Review ......................................................................... ............................... 6 7.3 City Attorney to Approve ................................................................... ............................... 6 7.4 Funding ............................................................................................... ............................... 6 7.5 Reading of Caption Only .................................................................... ............................... 6 7.6 Ordinances -Two Readings; Emergencies ........................................ ............................... 6 7.7 Recording of Votes ............................................................................. ............................... 7 7.8 Vote Required ..................................................................................... ............................... 7 7.9 Tie Vote .............................................................................................. ............................... 7 7.10 Numbering Ordinances and Resolutions ............................................ ............................... 7 7.11 Ordinance Passage Procedure ............................................................. ............................... 7 ARTICLE 8 RULES OF DECORUM 8.1 Recognition by presiding officer ........................................................ ............................... 7 8.2 Order ................................................................................................... ............................... 7 8.3 Presiding Officer ................................................................................. ............................... 7 8.4 Improper References to be Avoided ................................................... ............................... 8 8.5 Interruptions ........................................................................................ ............................... 8 ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions ............................................................................................... ............................... 8 9.2 Debate ................................................................................................. ............................... 8 9.3 Motion Procedures .............................................................................. ............................... 8 9.4 Point of Privilege ................................................................................ ............................... 9 9.5 Point of Procedure or Order ................................................................ ............................... 9 9.6 To Appeal a Ruling ............................................................................. ............................... 9 9.7 To Recess ................................................................................... ............................... 9 & 10 9.8 To Withdraw ..................................................................................... ............................... 10 9.9 To Postpone or Extend ...................................................................... ............................... 10 9.10 To Refer ............................................................................................ ............................... 10 9.11 To Amend ......................................................................................... ............................... 10 9.12 To Limit or Close Debate or "Call the Question" ............................. ............................... 10 9.13 To Count the Vote ............................................................................. ............................... 11 9.14 To Take Action or Reconsider an Action; Main Motions ................ ............................... 11 10 -28 -2014 11 TABLE OF CONTENTS (continued) Page 9.15 To take action or Rescind motion ..................................................... ............................... 11 9.16 To Take Action; Main Motions ........................................................ ............................... 11 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning ............................................................................................... .............................12 10.2 Removal .............................................................................................. .............................12 10.3 Resisting Removal ............................................................................ ............................... 12 10.4 Motions to Enforce ........................................................................... ............................... 12 10.5 Adjournment ..................................................................................... ............................... 12 ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ........................................................................ ............................... 12 11.2 Special Committees ................................................................. ............................... 12 & 13 ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council ..................................................................... ............................... 13 12.2 Manner of Addressing the Council — Time Limit ............................. ............................... 13 12.3 Personal and Slanderous Remarks .................................................... ............................... 13 12.4 Public Hearings ................................................................................. ............................... 13 12.5 Written Communications .................................................................. ............................... 13 12.6 Hearing of Residents ......................................................................... ............................... 14 ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information ............................................... ............................... 14 13.2 City Manager's Responses to Requests ............................................ ............................... 14 13.3 Directions to City Manager ............................................................... ............................... 15 13.4 City Manager's Duty to Inform ........................................................ ............................... 15 13.5 Customer Concerns ........................................................................... ............................... 15 13.6 City Manager /Council Relations ....................................................... ............................... 15 10 -28 -2014 111 ARTICLE 1. AUTHORITY 1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules are adopted. In the event of a conflict between these Rules and the Charter, the Charter shall govern over these Rules. In the event of a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public. All meetings of the Council and all meetings of committees composed of a quorum of the Council shall be open to the public as provided by State law, except when State law allows closed or executive sessions for certain limited topics. 2.2 Quo rum. Three members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. 2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Secretary and shall constitute the official record of the Council. Such minutes, after being approved by the Council (except any closed or executive session portion), shall be open to public inspection. The City Secretary shall provide an index showing the action of the Council in regard to all matters before to it at both regular and special meetings. A recording or "certified agenda" of each closed or executive session shall be made and maintained as required by State law. 2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff desiring to speak shall be recognized by the Mayor (or the presiding officer in the Mayor's absence) at an appropriate time, and shall confine his/her remarks to the subject under consideration or to be considered. 2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. The City Manager shall be notified of all special meetings of the Council. 10 -28 -2014 1 2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, and shall, upon request of the Council or the City Manager, give an opinion, either written or oral, on questions of law. 2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings of the Council, unless excused, and shall keep the official minutes. 2.9 Officers and Employ. Any officer or employee of the City, when requested by the City Manager, shall attend meetings of the Council. If requested to do so by the City Manager, they shall present information relating to matters before the Council. 2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council. 2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State law may be temporarily suspended by a majority vote of the Councilmembers who are present. The vote of each person on any such suspension shall be entered in the minutes. 2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings not addressed by these Rules, the Charter, or State law shall be determined by the Mayor (or the presiding officer in the Mayor's absence). ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part II, Section 2 -2. The Council may also hold regularly scheduled meetings which may be designated by the Council as "workshop" sessions. 3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or any three (3) members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, except that announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, hour, and place of the special meeting and shall identify the subject or subjects to be considered. 3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember's departure from the Council chamber. See Sections 9.3 and 9.4. 3.5 Executive Sessions. Executive or closed sessions may only be held in accordance with State law. 10 -28 -2014 2 3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency meeting may be called as a special meeting as set forth in Section 3.2, however, an emergency meeting may not be held unless authorized by, and notice is given in accordance, with State law. ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mao. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the Mayor and the Mayor Pro -Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro -Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members' motives, and confine Councilmembers in debate to the question under discussion. 4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege, points of procedure or order, and withdrawals of motions, subject to the right of any member to appeal to the Council as set forth in Article 9 of these Rules. See Sections 9.3, 9.4, 9.5, 9.6, and 9.8. 4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken on all votes. 4.6 Substitution of Mao. In the event the Mayor must relinquish the chair, the Mayor shall call upon the Mayor Pro -Tem to preside if the Mayor Pro -Tem is present. If the Mayor Pro -Tem is not present, the Mayor may call upon the most senior Councilmember (by time of service on the Council) present to preside, but such substitution shall not continue beyond adjournment of that meeting. ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Council will discuss, and with a majority vote, appoint the Councilmember to serve as the Mayor Pro Tem for the City. (b) The appointed Mayor Pro Tem must be a Councilmember and must meet the qualifications of Section 4.02 of the City Charter. In addition, to be appointed to the position of Mayor Pro Tem, a Councilmember must be an elected member of Council. 10 -28 -2014 3 (c) Term dates for the Mayor Pro Tem position will begin in February and August of each year (the election dates offset by three (3) months). Terms will sequentially rotate according to Councilmember place. (d) If the Councilmember place that is up for appointment as Mayor Pro Tem is vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro Tem, the Mayor Pro Tem appointment will go to the next qualified Councilmember. (e) The position will have a term of office of six (6) months. (f) The appointed Mayor Pro Tem may be removed by Council by a two - thirds (2/3) majority vote of the members of Council at any time during his or her term. (g) Council reserves the right to alter this procedure at any time by resolution or rule. 5.2 Appointment Procedure for a Councilmember. (a) The Council may appoint a Councilmember to a vacant seat as authorized by Section 4.06 of the City Charter. (b) The Council will announce and advertise on the City's website and in the City's newspaper of record that applications are being accepted for a vacant position on Council. (c) A due date for applications to be submitted will be set. (d) Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of the City Charter. (e) Applications will be received by the City Secretary's office and distributed to all Councilmembers. (f) An interview date will be set and posted for a public meeting. (g) Interviews of prospective candidates will be held in a public forum by a quorum of Councilmembers. (h) Councilmembers will discuss, and appoint by majority vote, the new member of Council at either the same meeting as the interviews or at a subsequent Council meeting. (i) The Council is the final judge of whether a candidate is qualified to serve as a Councilmember as set forth in Section 4.03 of the City Charter. 0) Council reserves the right to alter this procedure at any time by resolution or rule. 10 -28 -2014 4 ARTICLE 6. ORDER OF BUSINESS 6.1 Agenda. The City Manager and the City Secretary shall prepare an agenda for each meeting of the Council. Items may be placed on the agenda by the City Manager (or in his absence any Assistant City Manager), the Mayor, or any Councilmember, except that a Councilmember directing that an item or items be placed on an agenda must do so in open session, during a properly posted meeting of the Council. Items placed on the agenda by the City Manager (or in his absence any Assistant City Manager) may be removed only by the City Manager (or any Assistant City Manager) and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on an agenda by the Mayor may be removed only by the Mayor, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on the agenda by a Councilmember may be removed only by that specific Councilmember, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. (a) Information Required. Any item to be on the agenda must be provided to the City Manager pursuant to a procedure established and modified by the City Manager from time to time. Each item on the agenda must contain sufficient information so that full disclosure of the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish the Mayor and each Councilmember a copy of the agenda, including the proposed ordinances, resolutions, petitions, notices, or other materials as required. Copies of attachments and background material will generally be provided for the initial presentation only and should be retained by the Mayor and the Councilmembers until such time as the item is finalized. (d) Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. (e) Order; Exception. The ordinances, resolutions, and other proposed actions shall be taken up and disposed of by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. 6.2 Communication to Mayor and Council. The City Manager shall provide the Council with a copy of each ordinance or resolution and appropriate analysis of items proposed to be acted upon by the Council at a meeting. These communications shall be delivered to the 10 -28 -2014 5 Mayor and Councilmembers along with the agenda. This information should also be retained by the Mayor and Councilmembers until such time as the item is finalized. Staff members, in making presentations to Council at a meeting of the Council, should endeavor to restrict their presentations to five (5) minutes, excluding responses to questions by the Mayor and/or Councilmembers. 6.3 Approval of Minutes. Minutes may be approved without public reading if the City Secretary has previously furnished the Mayor and each Councilmember with a copy thereof. 6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor and each Councilmember may bring before the Council any business that person believes should be brought up during the "Requests by Mayor and Councilmembers" and "Announcements by Mayor and Councilmembers" portions of the agenda. These matters need not be specifically listed on the agenda unless the person desiring to make a comment knows prior to posting of the agenda that he /she will make such comment. In response to an unposted comment, there (1) may only be a statement of factual information in response, (2) a recitation of existing City policy, or (3) discussion regarding a proposal to place the subject on the agenda for a subsequent meeting. 6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant City Manager) with respect to items believed to be non - controversial, the City Secretary shall place multiple items on a "Consent Agenda" portion of the agenda, subject to the right of the Mayor or any Councilmember to request at the meeting that any one or more of such items be removed from the Consent Agenda for individual consideration. First readings of ordinances shall in all events be posted for individual consideration and shall not be included on the Consent Agenda. ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be presented to the Council only in printed, typewritten, or electronic form. 7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City Manager or his designee. 7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form and legal content by the City Attorney, when requested by the Mayor or the City Manager. 7.4 Funding. All actions authorizing an expenditure of money shall include the exact source of the funds to be expended. 7.5 Reading of f Caption Only. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6 Ordinances —Two Readings; Emergencies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that 10 -28 -2014 6 immediate action may be taken upon an emergency as determined by the Council in accordance the Charter or State law. 7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all ordinances and resolutions and shall be entered in the minutes of the Council. 7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise required by these Rules, the Charter, or State law, shall require the affirmative vote of three (3) Councilmembers who are present and eligible to vote. 7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as presiding officer shall not be restricted to voting only in the event of a tie. 7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance on second reading or on a single reading as an emergency, the City Secretary shall assign a number to each ordinance or resolution within the records of the City. 7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and it shall be filed and thereafter preserved in the office of the City Secretary. ARTICLE 8. RULES OF DECORUM 8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the Council without first being recognized by the presiding officer. 8.2 Order. While the Council is in session, the Councilmembers must preserve the order and decorum of the meeting, and a Councilmember shall neither, by statement or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any other Councilmember while speaking or refuse to obey the orders of the presiding officer. Councilmembers are expected to remain on the dais during a Council meeting unless they have good cause to vacate. 8.3 Presiding Officer. The Mayor or the Mayor Pro -Tem or such other member of the Council who is serving as the presiding officer may participate in debate, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of such Councilmember acting as the presiding officer. If the presiding officer is engaged in debate and is, at the insistence of three (3) Council members, abusing the position of the presiding officer, the presiding officer must relinquish the chair to the Mayor Pro -Tem, or in his /her absence, to the next most senior Councilmember (by time of service on the Council) present. The Mayor Pro-Tern or such other member, other than the Mayor, who is serving as presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of the member acting as the presiding officer. 10 -28 -2014 7 8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to Section 2.5 or 8.5, he /she shall avoid all references to personalities and indecorous language. 8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor or another Councilmember when speaking unless it is to raise a point of privilege (Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to withdraw a previously- stated motion (Section 9.8), or as otherwise provided in these Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the Councilmember so interrupted should cease speaking until the question is determined. ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions. A Councilmember, after he /she obtains the floor, or the Mayor may make a motion on the particular subject of discussion or a procedural point as permitted. A "Second" to the motion, if required, must be made by a Councilmember who did not make the motion within a reasonable but brief time period. The Mayor may not "Second" a motion. A motion or a "Second" merely implies that the maker of the motion and the person who "Seconds" agree that the motion should come before the meeting and not that he /she necessarily favors the motion. Without a "Second ", if required, the motion dies. 9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions(1 type) *. When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Motion May Interrupt Speaker Second Required Debatable Amendable Resolved by Chair No Vote Affirmative Vote by 3 Council- members 2/3 Vote A. Meeting Conduct Motions 1. point of privilege yes no no no yes no no 2. point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no B. Disposition Motions 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 10 -28 -2014 8 8. to amend no yes yes yes no yes no 9. to limit or close debate or "call the question" no yes yes yes no no yes 10. to extend debate no I yes yes yes 1 no yes no 11. to count the vote no yes no no sy no no no C. Main Motions 12. to reconsider yes yes if original motion was debatable no no yes no 13. to rescind no yes yes yes no no yes 14. to take action no yes yes yes no Yes * ** no 9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Councilmember to the presiding officer, drawing urgent attention to a need for personal accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Councilmember(s). In essence, it is a call to the presiding officer for the purpose of assuring a Councilmember's convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. 9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer's ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of three (3) Councilmembers is required. 9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. Mandatory if seconded; no vote required 10 -28 -2014 9 Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of three (3) Councilmembers is required. 9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his /her proposal. This is the maker's privilege; thus, it does not require a second. Because the withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Councilmember later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand—or a new issue. 9.9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Council to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of three (3) Councilmembers is required. 9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section 9.14). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of three (3) Councilmembers is required. 9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a second, and it is debatable and amendable. An affirmative vote of three (3) Councilmembers is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 9.12 To Limit or Close Debate or "Call the Question". Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer's determination. A motion to close debate is the same as a motion to "call the question ". Because this motion affects the most fundamental right of any Councilmember, the right to speak one's views, it is the only procedural motion that requires an affirmative vote of two - thirds of participants voting. 10 -28 -2014 10 9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It represents the right of a Councilmember to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result —and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 9.14 Motion to Reconsider. Allows a main motion to be brought back before the City Council for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. 9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered and it requires a two - thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 9.16 To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of three (3) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. 10 -28 -2014 11 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning. All persons other than a recognized speaker shall, at the request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer may order the person to leave the meeting. The Chief of Police, or such member or members of the Police Department or other persons as the presiding officer may designate, shall be sergeant -at- arms of the Council meetings. If the person so requested does not leave the meeting, the presiding officer may order the sergeant -at -arms to remove such person. 10.2 Removal. Any designated sergeant -at -arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant -at -arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council (or successor provision of law). 10.3 Resisting Removal. Any person who resists removal by the sergeant -at -arms shall be charged with violating Section 42.05 (a) of the Texas Penal Code. 10.4 Motions to Enforce. Any Council member may move to require the presiding officer to enforce these Rules and the affirmative vote of a majority of the Councilmembers present and eligible to vote shall require the presiding officer to do so. 10.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of the individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular or a special meeting or, subject to State law, may be recessed to a set time and date. ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees. The Council may create committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the Charter, the Code of Ordinances, or State law. Membership and selection of members shall be as determined by the Council if not specified by the Charter, the Code of Ordinances, or State law. No person may concurrently serve on more than one Board unless, by virtue of his /her position on the Council, he /she also holds a position on another Board. Persons related within the second degree by affinity or consanguinity to the Mayor or any member of the Council shall not be eligible to serve on a standing committee. No standing committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter, the Code of Ordinances, or State law. 11.2 Special Committees. The Council may, as the need arises, authorize the appointment of "ad hoc" Council committees. Except where otherwise specifically provided by the Charter, the Mayor and the City Council shall appoint the members of the special committees. Any committee so created shall be given a "mission statement" directing its 10 -28 -2014 12 activities. Any special committee shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Councilmembers present and entitled to vote. ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council shall speak at the podium into the microphone (or at another designated location), shall give his/her name and address in an audible tone of voice for the record, and, unless further time is granted by the Council, shall, subject to Section 12.4 below, limit his /her remarks to three (3) minutes or less. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 10 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 12.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 12.2 above) interested persons may speak, subject to the Councilmembers' right to appeal the presiding officer's ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. 10 -28 -2014 13 12.6 Hearing of Residents. There shall be included on the agenda of each City Council meeting an item labeled "Hearing of Residents ". After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Council on items on or not on the agenda at that time, providing they have completed the "Hearing of Residents" form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Council prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for "Hearing of Residents" must speak during the "Hearing of Residents" portion of the meeting. Councilmembers and members of City staff may not discuss unposted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section 12.2, unless otherwise authorized by the presiding officer. ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information. The City Manager is directly responsible for providing information to all the Councilmembers concerning any inquiries by a specific Councilmember. If the City Manager or his staff's time is being dominated or misdirected by a Councilmember, it is his responsibility to inform the Mayor or the Council as a whole. 13.2 City Manager's Responses to Requests. The City Manager is expected to respond in a timely manner to the Council and Councilmember's requests. When information is requested, the City Manager will estimate a reasonable time frame for collecting the requested information. (a) If the City Manager disagrees with the request, he should say so and explain his position. (b) If the City Manager disagrees with individual directives, he should initiate clarification of the Council's will with regard to the individual Councilmember's request. (c) The City Manager may delegate responsibility for the response as necessary and appropriate, but the City Manager will be responsible for its receipt by the Council in a timely manner. (d) The City Manager should maintain a checklist and timetable for requests and other directives of the Council. (e) All Councilmembers will be provided the same written information when any matter under consideration may be of general concern to the Council. There will be no preferential dissemination of information by the City Manager or his staff. 10 -28 -2014 14 13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a consensus of the Councilmembers present will be required to direct the City Manager to take any action. 13.4 City Manager's Duty to Inform. The City Manager is responsible for keeping the Council informed. The Council should be provided weekly reports outlining progress on outstanding issues as well as information on new issues and opportunities. Additionally, the Council should be informed of City news prior to release of such information to the community, newspaper(s), or other governmental entities, etc. 13.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures for handling customer concerns in all departments with prompt feedback to citizens and Councilmembers. 13.6 City Manager /Council Relations. The City Manager should strive to maintain positive relations with the Council by following these guidelines: (a) Work to establish mutual trust with the Council. (b) Maintain open lines of communication with the Council and keep Council informed. (c) Inform all Councilmembers of educational opportunities, recognizing that an educated Council is in the City's best interest. (d) Include the Council in City- sponsored employee social events. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. Amended: November 12, 2014 10 -28 -2014 15 APPLICATION TO SERVE ON CITY COUNCIL Please type or print clearly Please return to the attention of the City Secretary, 1400 Schertz Parkway, Schertz, Texas 78154 by Due Date TBD Full Name: Date of Birth: Home phone: (Include area code) Work phone: (Include area code)_ Mobile number: (Include area Code) Physical address: (Street, City, State, Zip) Mailing address: (If different from above) (Street, City, State, Zip) Email address (s): Do you live in the corporate limits of the City of Schertz? ❑ Yes ❑ No Are you 18 years or older? ❑ Yes ❑ No Are you registered to vote? ❑ Yes ❑ No Which County? Registration No: (The City Charter requires that members of Council be qualified voters residing in the City) Have you been a resident of the City for at least six consecutive months immediately preceding your filing for office? Yes No Are you an obligator to the City on any obligation past due, provided, however, that a person may be elected or select- o ed o and hold office if such obligation is being actively contested in the appropriate forum? ❑ Yes ❑ No Current /past occupation or area of expertise: Professional and /or community activities: Additional pertinent information /references: Submission of a Resume or Curriculum Vitae is encouraged. A letter of interest may also be submitted. Signature S'S(CIHIIE]Rt�V7Z COMMUNITY* SERVICE* OPPORTUNITY FILLING THE VACANCY IN THE POSITION OF COUNCILMEMBER PLACE 5 PROS & CONS -1- Choice Pro Con 1. Leave position vacant until Allows citizens to fill the Council will be short one November 2015 position. member for an additional one year; there will be one fewer Councilmember contributing to Council discussions and one fewer Councilmember to cover the various Council liaison positions; there will be a greater likelihood of failure to have a quorum since the vacancy will be at the Councilmember level. 2. Call a special election for Allows citizens to fill the All of the "con" factors in May 2015 to fill the position position. choice 1 above (except for 6 months instead of a year), plus the winner will have to stand for re- election 6 months later, plus cost of May election. 3. Council appoints a person to Avoids all of the "cons" in Takes the interim choice fill the position through the choices 1 and 2 above. from the voters (but this is a "normal" appointment permitted process under the process. Charter, which has been approved by the voters); delays the appointment process until January 2015. 4. Council appoints a person to Avoids all of the "cons" in Takes the interim choice fill the position waiving the choices 1 and 2 above; fills from the voters (but this is a "normal" appointment the seat immediately. permitted process under the process and filling the seat Charter, which has been by direct Council approved by the voters). appointment. -1-