02-03-2015 Agenda with backup
MEETING AGENDA
City Council
REGULAR SESSION CITY COUNCIL
February 3, 2015,6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
Policy Values
Economic Prosperity
Fiscally Sustainable
Family Friendly for All Ages
High Quality of Life
Safe Community
Essential Services
Attractive Community
Innovative and Proactive
Service Oriented
Friendly City
AGENDA
TUESDAY,FEBRUARY 3,2015AT 6:00P.M.
Call to Order –City Council Regular Session
Invocation and Pledges of Allegiance to the Flags of the United States and State of
Texas.
(Councilmember Thompson)
A. Mayor Pro-Tem Oath of Office –Oath of Office administered to
Councilmember Cedric Edwards. (Mayor Carpenter to administer oath)
City Events and Announcements
Announcements of upcoming City Events (J. Bierschwale/B. James)
Announcements and recognitions by City Manager (J. Kessel)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should fill out the speaker’s register prior to the meeting. Presentations should be limited to
3
no more than minutes.
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.
02-03-2015 Council Agenda
Discussion by the Council of any item not on the agenda shall be limited to statementsof
specific factual information given in response to any inquiry, a recitation of existing policy in
response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding
officer, during the Hearing of Residents portion of the agenda, will call on those persons who
have signed up to speak in the order they have registered.
Discussion and Action Items
Minutes
1.-Consideration and/or action regarding the approval of the minutes the
Regular Meeting of January 27, 2015. (J. Kessel/B. Dennis)
Appointments/ Reappointments and Resignations to City Boards, Commissions
2.
and Committees
–Consideration and/or action regarding resignations and
appointments to the Historical Preservation Committee. (Mayor/Council/B. Dennis)
Resolution No. 15-R-09–
3.Consideration and/or action approving a Resolution
authorizing the application for the Texas Emissions Reduction Program (TERP)
Grant from the Texas Commission on Environmental Quality (TCEQ).(J.
Bierschwale/C. Raleigh/J. Harshman)
Ordinance No. 15-M-06
4.–Consideration and/or action approving an Ordinance
authorizing and amending the City Council Rules of Conduct and Procedure
providing for the treatment of abstentions; repealing all Ordinances or parts of
First Reading
Ordinances in conflict with thisOrdinance. (Mayor/C. Zech)
Ordinance No. 15-M-07
5.–Consideration and/or action approving an Ordinance
amending the City of Schertz Code of Ordinances and certain other Ordinances by
amending the Fee Schedule and establishing the WholesaleDistribution Water Rate.
First Reading
(J. Bierschwale/S. Willoughby)
Roll Call Vote Confirmation
Requests and Announcements
6.Announcements by City Manager
Citizen Kudos
Recognition of City employee actions
New Departmental initiatives
7.Requests by Mayorand Councilmembers that items be placed on a future City
Council agenda.
8.Requests by Mayor and Councilmembers to City Manager and Staff forinformation.
9.Announcements by Mayor and Councilmembers
City and community events attended and to beattended
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City Council Committee and Liaison Assignments(see assignments below)
Continuing education events attended and to be attended
Recognition of actions by City employees
Recognition of actions by community volunteers
Upcoming City Council agenda items
Executive Session
10.City Council will meet in closed session under section 551.074 Evaluation of the City
Secretary and Deputy City Secretary.
Reconvene into Regular Session
10a.Take any necessary action based on discussions held in closed session under Agenda
Item number 10.
Roll Call Vote Confirmation
Adjournment
CERTIFICATION
I, BRENDA DENNIS,CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO
HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON
TH
THE OFFICIAL BULLETIN BOARDS ON THIS THE29DAY OFJANUARY 2015AT
2:30P.M.,WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL
TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER
551, TEXAS GOVERNMENT CODE.
Brenda Dennis
BrendaDennis,CitySecretary
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 _____DAYOF _______________, 2015.
____________________________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
authorizedby 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
02-03-2015 City Council AgendaPage- 3 -
constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel
for the governmental body and constitutes an opinion by the attorney that the items discussed
therein may be legally discussed in the closed portion of the meeting considering available
opinions of a court of record and opinions of the Texas Attorney General known to the
attorney. This provision has been added to this agenda with the intent to meet all elements
necessary to satisfy Texas Government Code Chapter 551.144(c)and the meeting is conducted
by all participants in reliance on this opinion.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor CarpenterMayor Pro-Tem John –Place 3
Audit CommitteeLone Star Rail District
Hal Baldwin Scholarship Committee
Interview Committee for Boards and Commissions
Investment AdvisoryCommittee
TIRZ II Board
Councilmember Fowler –Place 1Councilmember Azzoz –Place 2
Interview Committee for Boards and CommissionsAnimal Control Advisory Committee
Schertz Housing Board LiaisonSweetheart Advisory Committee
Randolph Joint Land Use Study (JLUS) Executive
Committee
Schertz Seguin Local Government Corporation
Councilmember Edwards –Place 4CouncilmemberThompsonPlace 5
Audit CommitteeAudit Committee
Hal Baldwin Scholarship Committee
Interview Committee for Boards and Commissions
Cibolo Valley Local Government Corporation
02-03-2015 City Council AgendaPage- 4 -
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: February 3, 2015
Department: City Secretary
Subject: Minutes
BACKGROUND
The City Council held a regular meeting on January 27, 2015.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the regular meeting of January 27, 2015.
ATTACHMENT
Minutes – regular meeting January 27, 2015.
MINUTES
REGULAR MEETING
January 27, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
January 27, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400
Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Mayor Michael Carpenter Mayor Pro-Tem Daryl John
Councilmember Jim Fowler Councilmember Grumpy Azzoz
Councilmember Cedric Edwards Councilmember Robin Thompson
Staff Present: City Manager John Kessel
Deputy City Manager John Bierschwale Executive Director Brian James
Chief of Staff Bob Cantu City Attorney Charles Zech
City Secretary Brenda Dennis Deputy City Secretary Donna Schmoekel
Call to Order
Mayor Carpenter called the meeting to order at 6:00 p.m.
Invocation and Pledges of Allegiance to the Flags of the United States and the State of
Texas
(Councilmember Edwards)
Councilmember Edwards provided the invocation followed by the Pledges of Allegiance to the
Flags of the United States and the State of Texas.
Mayor Carpenter moved to the Hearing of Residents section on the agenda.
Hearing of Residents
Ms. Maggie Titterington, Chamber President who provided updated information
regarding the upcoming Chamber Events:
-Wednesday, January 28, 2015, Biz Ed – Doing Business in Schertz, 7:30 a.m. Schertz
Chamber Offices.
-Saturday, January 31, 2015, Health & Wholeness Fair, Sponsored by the Baptist
Emergency Hospital, Schertz Civic Center 11:00 a.m.
-Thursday, February 5, 2015, Ribbon Cutting at RockStar’s Place, 1248 FM 78, 3:00
p.m.
-HEB is starting to open up all their different shops within HEB. Mia’s Mirror in
HEB Grand Opening and Ribbon Cutting will be Friday February 6, 2015, at 9:00
a.m. She stated that HEB will be hosting several soft openings of their other shops
and the Chamber will be sending out notifications.
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Ms. Titterington also stated that she has been contacted by several businesses regarding
the Grackle (bird) problem. She stated that HEB has spent $20,000 trying to get rid of
the grackles in the parking lot. She stated that this is a sanitation issue and she is not sure
what the City can do to assist. She wasn’t sure if the City had a policy in dealing with
this issue or what can be done.
Mayor Carpenter stated that since the Council can respond with factual information the
city in the past allowed the use of explosive materials for the dispersion of the birds.
Mayor Carpenter stated they could visit with Marshal Harris or Mr. Bierschwale on this
issue.
Mr. David Richmond, 2921 Bent Tree, who came forward, extending a thank you to the
City, particularly the Public Works Department for the recent completion of a sidewalk
section in his neighborhood. He stated that when his subdivision, Greenshire, was
developed back in the 80’s a section of sidewalk was not put in by the developer at that
time, but as the neighborhood has grown to completion, this section on the west side of
Woodland Oaks Drive between the Woodland Oaks bridge and Bent Tree Drive, forces
many walkers to walk out in the street. Mr. Richmond stated that at their last meeting
several residents spoke up regarding their appreciation of completing the section of
sidewalk.
Mayor Carpenter moved to the discussion and action items of the agenda.
Discussion and Action Items
Minutes
1. - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of January 20, 2015. (J. Kessel/B. Dennis)
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler to approve the minutes of the regular meeting of January 20,
The vote was unanimous, with Mayor Pro-Tem John, Councilmembers
2015.
Fowler, Azzoz, Edwards, and Thompson voting for, no one voting no. Motion
passed.
Resolution No. 15-R-08
2.– Consideration and/or action approving a Resolution authorizing
the city manager to execute a professional services agreement with Evergreen Solutions to
conduct a city staff classification and compensation study and authorizing a contingency
amount. (J. Kessel/J. Smith)
The following was read into record:
RESOLUTION NO. 15-R-08
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
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EVERGREEN SOLUTIONS TO CONDUCT A CITY STAFF
CLASSIFICATION AND COMPENSATION STUDY AND
AUTHORIZING A CONTINGENCY AMOUNT
Mayor Carpenter recognized Human Resource Director Josh Smith who introduced this
item stating the Schertz City Council identified a Classification and Compensation Study
for City employees as a top priority in the City’s budget process.
The City of Schertz is proposing to conduct a complete classification and compensation
study in attempts to stay competitive within the competing labor market, to remain fair
and equitable, to properly classify employee positions, and to retain productive
employees long-term.
As the City prepares to reach the 50,000 population figure, it is recognized that proper
staffing levels and staff knowledge, skills, and abilities are two of the most significant
factors in determining our future success. It is also recognized that 100% of our service
delivery comes from our staff. This study will help prepare both an immediate set of
recommendations and develop a longer term, five year strategy to positively impact our
current staff and to ensure our future success.
Mr. Smith stated the City of Schertz has not conducted a complete compensation study in
approximately 10 years. In 2011, a partial compensation study was conducted internally
and neither it nor the 2004 study included a classification update.
The City Council budgeted $85,000 to conduct the Classification and Compensation
Study. Additionally, the City Council has budgeted $300,000 for an initial
implementation of the study, recognizing that additional implementation funds may be
required.
rd
The City released an RFQ in search for a 3 party provider to conduct a classification and
compensation study. The City received eight bid proposals from various vendors. A panel
of six City staff reviewed the proposals and, through a scoring system, selected three
finalists to interview. After the interviews were conducted, the panel, utilizing the same
scoring system, has recommended Evergreen Solutions as the most qualified respondent.
Mr. Smith provided the following goals that were set out during this process:
1.Properly classify positions in the City to reflect actual knowledge, skills, and
abilities, as well as the essential duties of each position.
2.To have competitive compensation within Schertz’s competing labor market and
benchmark cities.
3.To promote internal and external compensation equity.
To foster productive employees, in part, through a fair and balanced compensation
system.
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Mr. Smith and City Manager John Kessel addressed questions from Council.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
The vote was
Councilmember Thompson to approve Resolution No. 15-R-08.
unanimous, with Mayor Pro-Tem John, Councilmembers Fowler, Azzoz, Edwards,
and Thompson voting for, no one voting no. Motion passed.
Mayor Carpenter moved back to the presentation section of the agenda.
Presentations
Presentation/briefing and update regarding the 2015 Hal Baldwin Scholarship
Committee. (B. Cantu/P. Horan)
Mayor Carpenter recognized Chief of Staff Bob Cantu who came forward stating that this
evening the Hal Baldwin Scholarship Committee met and has agreed and decided on the
essay questions that they will be asking and will be drawing up a draft and sending it
back to the committee for approval. Mr. Cantu recognized and thanked Ms. Patty Horan
who assisted in facilitating their meeting.
Mayor Carpenter moved back to the City Events and Announcement section of the agenda.
City Events and Announcements
Announcements of upcoming City Events (J. Bierschwale/B. James)
Mayor Carpenter recognized Deputy City Manager John Bierschwale who provided the
following announcements:
Saturday, January 31, 2015, Schertz Chamber of Commerce Health and Wholeness
Fair hosted by the City of Schertz, the Chamber of Commerce and the Baptist
Emergency Hospital, Civic Center 11:00 a.m.
Mr. Bierschwale also stated that CCMA has filed their permit for the South Schertz Plant.
He announced that CCMA will close on the last track of land they spoke about last week.
Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who recognized City Secretary
Brenda Dennis and Deputy City Secretary Donna Schmoekel thanking them for their
recent attendance at several meetings during the past week and covering for each other.
Roll Call Vote Confirmation
Deputy City Secretary Donna Schmoekel provided the roll call vote information for agenda
items 1 and 2.
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Requests and Announcements
3. Announcements by City Manager
Citizen Kudos
Recognition of City employee actions
New Departmental initiatives
No further announcements.
4. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No items requested.
5. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Carpenter recognized Councilmember Edwards who stated that they have talked
about their profiles that they all did recently and was wondering if his fellow colleagues
Councilmember Thompson and Councilmember Azzoz had taken their profile
assessment. City Manager John Kessel stated that he would make sure that they have
received the information and have taken the assessment.
Mayor Carpenter recognized Councilmember Fowler who stated he had received a call
regarding the intersection of Schertz Parkway and Woodland Oaks. The complaint is that
individuals coming out of Woodland Oaks are trying to get on Schertz Parkway; you
have a single lane road and some individuals want to turn left while others want to turn
right. Those wanting to turn right are getting caught in a long line of traffic. He is
requesting staff take a look at this intersection and see if it is possible to widen the road.
6. Announcements by Mayor and Councilmembers
City and community events attended and to be attended
City Council Committee and Liaison Assignments (see assignments below)
Continuing education events attended and to be attended
Recognition of actions by City employees
Recognition of actions by community volunteers
Upcoming City Council agenda items
Mayor Carpenter recognized Councilmember Fowler who stated last week he held his
first meeting with eight (8) pastors to discuss and come up with how we can work
together to help seniors who need small repairs or other small projects done, but they are
unable to do so. Councilmember Fowler stated that the first meeting had a great outcome
and resulted in good ideas. He stated they are looking at putting a mission statement and
goals together and will be meeting next month to go over these. He thanked the City and
General Services for providing the room and refreshments.
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Mayor Carpenter stated that the Mayor’s Task Force and Community Involvement future
planning held their second meeting this past weekend. He stated they are making some
very interesting and fast progress in looking at all the projects the city might consider in
the near term and some more in the long term. They also discussed community
involvement and how to get others involved in the city as we seem to have the same
citizens getting involved that are already on various boards and committees.
Mayor Carpenter also stated that the Mayors of the Northeast Partnership held a special
meeting last week and were briefed by Chris Young with Linebarger Goggan Blair &
Sampson, LLP, regarding a number of proposed legislative bills that would directly
impact our cities.
Mayor Carpenter stated that they will be having a group meeting with the Guadalupe
County Mayor’s Association and get with them and go up to Austin as a group to speak
to our legislature representatives.
Executive Session
Mayor Carpenter adjourned the regular session at 6:36 p.m. into executive session.
Councilmember Edwards left the meeting.
7. City Council will meet in closed session under section 551.074 Evaluation of the City
Secretary and Deputy City Secretary.
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 7:36 p.m.
7a. Take any necessary action based on discussions held in closed session under Agenda
Item number 7.
No action taken.
Adjournment
Meeting was adjourned at 7:36 p.m.
__________________________________
Michael R. Carpenter, Mayor
ATTEST:
__________________________________
Brenda Dennis, City Secretary
1-27-2015 Minutes
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Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: February 3, 2015
Department: City Secretary
Subject: Boards, Commissions and Committee
Member Resignations and Appointments
BACKGROUND
The City has received a resignation from long standing member Ms. Gail Hyatt of the Historical
Preservation Committee. As a result of her resignation there is now a vacancy.
Mr. William Dandy has submitted his application to serve on this board. Mr. Dandy has been
attending the Historical Preservation Committee meetings.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends ratifying the resignation of Ms. Gail Hyatt and recommends appointing Mr.
William Dandy to fill the vacant regular position.
ATTACHMENTS
Resignation - Gail Hyatt
Application - William Dandy
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: February 3, 2015
Department: Public Works
Subject: Resolution No. 15-R-09 –
A
Resolution by the City Council of the
City of Schertz, Texas authorizing
the application for the Texas
Emissions Reduction Program
(TERP) Grant from the Texas
Commission on Environmental
Quality (TCEQ).
BACKGROUND
The City is requesting authorization to apply for the Texas Emissions Reduction Program
(TERP) Grant from the Texas Commission on Environmental Quality (TCEQ). TCEQ is
inviting applications for replacement of selected types of non-road and on-road heavy-duty
vehicles to help reduce emissions through the purchase of new and upgraded vehicles and
equipment. Staff attended a workshop presented by the Alamo Area Council of
Governments (AACOG) in late January.
City Council approved Ordinance 14-B-48 approving the Issuance of Tax Notes Series 2015
in the amount of $2,125,000 for purchase of vehicles, ambulances, materials, supplies,
equipment, machinery, and other personal property. $1.2 Million of these funds were
designated for the replacement of certain Public Works equipment and machinery. The
Public Works Department has identified up to nine pieces of equipment and machinery that
will be replaced with this funding. Every piece of equipment and machinery, except for one
unit (due to the fact that we are not replacing an item) has the potential to be partially
reimbursed from the approval of the TERP Grant.
Staff has calculated a possible maximum savings of approximately $200,000 through the
TERP Grant if the City is approved for each of the nine pieces of machinery and equipment
that we are qualified for. If approved, with the savings from the Grant Program and savings
from due diligence in finding the best possible price for equipment and machinery, staff has
estimated the potential to purchase two additional pieces of equipment that are in need of
replacement and will assist both Public Works and Emergency Services in their day-to-day
operations and to perform in a more effective and efficient manner.
Staff requests approval to apply for the TERP Grant Program for a partial rebate for the
replacement of up to nine units.
Goal
To obtain approval by City Council to apply for the TERP Grant Program offered
by TCEQ for a partial rebate for the replacement of up to nine pieces of
equipment and machinery for a possible savings of approximately $200,000.
Community Benefit
Through the use of a rebate grant, the City is able to better utilize funds provided
by the sale of Tax Notes for the replacement purchase of up to nine pieces of
equipment and machinery.
Summary of Recommended Action
Approval of Resolution 15-R-09 granting permission to the City of Schertz Public
Works Department to apply for the 2015 TCEQ TERP Grant Program for the
replacement purchase of up to nine pieces of machinery and equipment.
FISCAL IMPACT
A potential grant award of up to approximately $200,000 to use towards the replacement
purchase of up to nine pieces of equipment and machinery for the Public Works Department.
RECOMMENDATION
Approval of Resolution No. 15-R-09
ATTACHMENT(S)
Resolution 15-R-09
TERP Grant Program Guidelines
RESOLUTION NO. 15-R-09
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS AUTHORIZING THE
APPLICATION FOR THE TEXAS EMISSIONS
REDUCTION PROGRAM (TERP) GRANT, AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City of Schertz (the “City”) wishes to apply for the Texas Commission
on Environmental Quality Texas Emissions Reduction Program Grant for a partial rebate to
replace up to nine pieces of equipment and machinery; and
WHEREAS, the possible estimated savings from this grant program could be as high as
approximately $200,000; 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 apply for the Texas Commission on Environmental Quality
Texas Emissions Reduction Program Grant.
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 Texas Commission
on Environmental Quality Texas Emissions Reduction Program Grant.
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 Criminal Investigations Division of the Texas
Governor’s Office.
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.
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.
rd
PASSED AND ADOPTED, this 3 day of February, 2015.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
Agenda No. 4.
CITY COUNCIL MEMORANDUM
City Council Meeting: February 3, 2015
Department: Council
Subject: Ordinance No. 15-M-06
An
Ordinance authorizing and amending
the City Council Rules of Conduct
and Procedure: repealing all
ordinances or parts of ordinances in
(First
conflict with this ordinance.
Reading)
BACKGROUND
The City Council has identified the need to clarify how abstention (or present/silent)
votes are counted with respect to determining tie votes and majority/quorum calculations.
In working with the City Attorney the Council discussed the effect of legally required
abstentions and non-required abstentions.
The Council considered various options and directed the City Attorney to draft language
and provide information and rules on how to interpret the effect of abstentions when the
Councilmember has no legal obligation to abstain.
At the January 20, 2015 City Council meeting, the Council voted and unanimously
approved language to be added to the Council Rules and Procedures ordinance that would
have the effect of any vote by a councilmember that is not an Aye vote or a Nay vote
shall be counted as a Nay vote unless it is an abstention as required by law. Additionally,
the abstention (or present/silent) vote would count towards the calculation of a majority
or quorum.
The attached Ordinance provides for a section regarding the effect of abstentions.
Goal
To clarify, update and amend the Council’s Rules of Conduct and Procedures related to
procedures for voting and abstentions.
Community Benefit
To clearly establish procedures for voting and abstentions.
City Council Memorandum
Page 2
Summary of Recommended Action
Staff recommends Council approve first reading of Ordinance No. 15-M-06 amending the
Council Rules of Conduct and Procedures by amending Article 9, by adding Section 9.17
Effect of Abstentions. See attached corresponding Ordinance.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve first reading of Ordinance No. 15-M-06.
ATTACHMENTS
Ordinance No. 15-M-06
ORDINANCE NO. 15-M-06
AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING
AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE;
PROVIDING FOR THE TREATMENT OF ABSTENTIONS; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Schertz has previously adopted Rules of
Conduct and Procedure for the conduct of meetings of the City Council; and
WHEREAS, the City Council currently does not address the procedural treatment of
abstentions by Council Members from a vote; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
amend, update, and clarify the Rules of Conduct and Procedure as they relate to abstentions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. That the City Council Rules of Conduct and Procedure are amended as
follows:
Article 9 is amended by adding Section 9.17 Effect of Abstentions a follows:
Action on required Abstentions; Effect of non-required Abstentions. The following rules
shall apply when a Council Member abstains from voting on an item:
When the Council Member is Legally Obligated to Abstain.
When a Council Member is legally obligated to abstain from voting pursuant to
Texas Local Government Code Chapter 171, a local ordinance or the City Charter
then the Council Member shall leave the dais and exit City Council Chambers
until such time as the debate and vote on the item has been concluded. The City
Secretary shall record that the Council Member left the room and abstained from
the vote in the official minutes and there shall be no other effect.
When the Council Member as no Legal Obligation to Abstain from Voting.
When a Council Member has no legal obligation to abstain from voting then an
abstention shall be recorded in the minutes as an abstention and shall procedurally
be treated as a “no” vote.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the 3rd day of February, 2015.
PASSED, APPROVED and ADOPTED ON SECOND READING, the ____ day of
____________, 2015.
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(Seal of City)
CS
ITY OF CHERTZ
CC
ITY OUNCIL
RCP
ULES OF ONDUCT AND ROCEDURE
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.
02-03-2015 Revised
TABLE OF CONTENTS
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
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TABLE OF CONTENTS
(continued)
Page
ARTICLE 6.
ORDER OF BUSINESS
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
ARTICLE 7.
CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
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
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TABLE OF CONTENTS
(continued)
Page
9.15 To take action or Rescind motion .................................................................................... 11
9.16 To Take Action; Main Motions ....................................................................................... 11
9.17 Effect of Abstentions………………………………………………………………11 & 12
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
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ARTICLE 1.
AUTHORITY
1.1City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by
ordinance, determine its own rules and order of business.
1.2Effective 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
2.1Meetings 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.
2.2Quorum. 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.
2.3Minutes 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.
2.4Questions 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.
2.5Right 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.
2.6City 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.
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2.7City 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.
2.8City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings
of the Council, unless excused, and shall keep the official minutes.
2.9Officers and Employees. 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.
2.10Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council.
2.11Suspension 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.
2.12Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly
adopted ordinance.
2.13Matters 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
3.1Regular 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.
3.2Special 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.
3.3Recessed 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.
3.4Adjourned 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.
3.5Executive Sessions. Executive or closed sessions may only be held in accordance with
State law.
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3.6Emergency 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
4.1Mayor. 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.
4.2Call 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.
4.3Preservation 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.
4.4Rulings 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.
4.5Questions 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.
4.6Substitution of Mayor. 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
5.1Appointment 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.
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(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.
5.2Appointment 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.
(j)Council reserves the rightto alter this procedure at any time by resolution or rule.
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ARTICLE 6.
ORDER OF BUSINESS
6.1Agenda. 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.
6.2Communication 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
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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.
6.3Approval 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.
6.4Presentations 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.
6.5Consent 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
7.1Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be
presented to the Council only in printed, typewritten, or electronic form.
7.2City Manager Review. All ordinances and resolutions shall be reviewed by the City
Manager or his designee.
7.3City 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.
7.4Funding. All actions authorizing an expenditure of money shall include the exact source
of the funds to be expended.
7.5Reading of Caption Only. Upon being introduced, each proposed ordinance or resolution
shall be read by caption only.
7.6Ordinances—Two Readings; Emergencies. Ordinances introduced at a Council meeting
shall not be finally acted upon until at least the next regular meeting, except that
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immediate action may be taken upon an emergency as determined by the Council in
accordance the Charter or State law.
7.7Recording 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.
7.8Vote 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.
7.9Tie 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.
7.10Numbering 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.
7.11Ordinance 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
8.1Recognition by presiding officer. Subject to Section 8.5, No person shall address the
Council without first being recognized by the presiding officer.
8.2Order. 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.
8.3Presiding 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-Tem 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.
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8.4Improper 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.
8.5Interruptions. 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
9.1Motions. 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.
9.2Debate. Debate, if permitted, must be limited to the merits of the issue under discussion
as stated by the presiding officer.
9.3Motion 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.
Affirmative
MayResolved Vote by 3
Interrupt Secondby Chair Council-2/3
Motion Speaker Required Debatable Amendable No Vote members 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,
nd
ABA Publishing, 2 Edition.
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8.to amend no yes yes yes no yes no
9.to limit or close debate or no yes yes yes no no yes
”call the question”
10.to extend debate no yes yes yes no yes no
**
11.to count the vote no yes no no no no no
C.Main Motions
12.to reconsider yes yes if original no no yes no
motion
was
debatable
13.to rescind no yes yes yes no no yes
14.to take action no yes yes yes no Yes*** no
9.4Point 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.
9.5Point 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.
9.6To 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.
9.7To 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
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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.
9.8To 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.
9.9To 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.
9.10To 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.
9.11To 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.
9.12To 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.
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9.13To 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.
9.14Motion 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.
9.15Motion 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.
9.16To 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.
9.17Effect of Abstentions; action on required Abstentions; Effect of non-required
Abstentions. The following rules shall apply when a Council Member abstains from
voting on an item:
When the Council Member is Legally Obligated to Abstain.
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When a Council Member is legally obligated to abstain from voting pursuant to Texas
Local Government Code Chapter 171, a local ordinance or the City Charter then the
Council Member shall leave the dais and exit City Council Chambers until such time as
the debate and vote on the item has been concluded. The City Secretary shall record that
the Council Member left the room and abstained from the vote in the official minutes and
there shall be no other effect.
When the Council Member as no Legal Obligation to Abstain from Voting.
When a Council Member has no legal obligation to abstain from voting then an
abstention shall be recorded in the minutes as an abstention and shall procedurally be
treated as a “no” vote.
ARTICLE 10.
ENFORCEMENT OF DECORUM
10.1Warning. 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.
10.2Removal. 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).
10.3Resisting 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.
10.4Motions 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.
10.5Adjournment. 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.
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ARTICLE 11.
CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS
11.1Standing 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.
11.2Special 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
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
12.1Addressing the Council. Any person desiring to address the Council by oral
communication shall first secure the permission of the presiding officer.
12.2Manner 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.
12.3Personal 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.
12.4Public Hearings. After being recognized by the presiding officer, interested persons, or
their authorized representatives, may address the Council with respect to the subject
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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.
12.5Written 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.
12.6Hearing 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
13.1City 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.
13.2City 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.
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(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.
13.3Directions 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.
13.4City 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.
13.5Customer 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.
13.6City 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
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Agenda No. 5
CITY COUNCIL MEMORANDUM
City Council Meeting: February 3, 2015
Department: Public Works
Subject:Ordinance No. 15-M-07
– An
Ordinance by the City Council of the
City of Schertz, Texas Amending the
City of Schertz Code of Ordinances and
certain other Ordinances by amending
the fee schedule and establishing the
Wholesale Distribution Water Rate, and
other services provided by the City of
Schertz.First Reading.
BACKGROUND
The City of Schertz currently has water connections to Joint Base Randolph and Green
Valley Special Utility District for emergency water service. We are in the process of entering
into an Inter-Local Agreement with the City of Cibolo and have an agreement with the
Crossvine to supply water for their landscape at a wholesale distribution rate once approved
until reuse water is available. The City of Schertz does not have a Wholesale Water Rate
established that may be charged when selling water to other organizations and entities.
Presently, the four water systems that qualify for this rate are:
1.Joint Base Randolph (Emergency Water)
2.Green Valley Special Utility District (Emergency Water)
3.The Crossvine (Irrigation Water)
4.City of Cibolo (planned Keli Heights Subdivision)
In December, staff engaged Mr. Dan Jackson with Economists.com to assist in developing a
Wholesale Distribution Rate for the City based on the FY 2012-13 Rate Study. The results of
the study show this rate based on delivery of water to any area adjacent to the Schertz Water
System. The rate components are the base rate as per meter size as is in our current rate
schedule and the volumetric rate. The base rate is a ready to service charge with zero gallons
that covers bonds and debt of the Water Department and is currently covered on our Fee
Schedule. The proposed volumetric rate is $2.27 per 1,000 gallons of water and covers water
treated and delivered from SSGLC. It does not include costs for flushing, testing,
maintenance, and customer service. This rate is approximately 17% lower than the effective
rate the City currently charges to its retail customers. Per Dan Jackson the proposed rate is
just and reasonable and in accordance with general ratemaking principals.
To qualify for the Wholesale Distribution Rate, one of the following criteria must be met:
1.The water system owned by the Distributor must be a self-maintained water
distribution service which will be supplied water through one City of Schertz Master
Meter along with an agreement between the City and the Distributor must be
authorized.
2.Military Bases.
3.Temporary Use until Reuse Water is made available to a particular area.
The benefit of the Wholesale Distribution Rate for the City is that there is no maintenance,
testing, flushing, or customer service costs to the City. The rate of $2.27 per thousand gallons
of water is based on the April 2013 Water Rate Study. This price will be re-evaluated during
the Proposed 2015 Water Rate Study. The rate will increase at the same percentage as the
City Wide Water Rates.
Goal
To set a rate schedule for wholesale distribution water sales to recover sufficient funds to
meet all treatment, delivery and administration, meet all debt service and coverage
requirements while at the same time minimizing the impact on our wholesale distribution
customers. Approve a rate that is just and reasonable and in accordance with general
ratemaking principals.
Community Benefit
The ability to add wholesale suppliers with water service at a rate that will continue to offset
the expenses of the department.
Summary of Recommended Action
Staff recommends Council approve the Wholesale Water Distribution Rate as presented.
FISCAL IMPACT
No immediate fiscal impact to approve the Ordinance and implement the rate to have it
available for future sales; however, after establishment of the fee and the acceptance of
Wholesale Distribution Suppliers to our system, collection of fees will occur monthly based
on volumetric usage. Although usage and actual fiscal impact is challenging to predict at this
time, there is a fiscal impact in approving versus not approving this fee. With the lack of a
Wholesale Water Distribution Fee, we would be required to charge a higher fee to the
qualifying water systems; therefore causing them to use less water because of the greater cost
or even risking the loss of the potential revenue.
RECOMMENDATION
Staff recommends Council approve Ordinance 15-M-07
ATTACHMENTS
Ordinance 15-M-07
Economists.com Rate Study
ORDINANCE NO. 15-M-07
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE CITY OF SCHERTZ CODE OF ORDINANCES AND
CERTAIN OTHER ORDINANCES BY AMENDING THE FEE SCHEDULE AND
ESTABLISHING THE WHOLESALE DISTRIBUTION WATER RATE, AND
OTHER SERVICES PROVIDED BY THE CITY OF SCHERTZ.
WHEREAS,
the City of Schertz (the “City”) has established by ordinances and
resolutions for fees for licenses, permits, and services provided by the City; and
WHEREAS
, the City Council has authorized a review and a consolidation of certain fees
for licenses, permits, and services provided by the City; and
WHEREAS
, the Schedule of Fees attached as Exhibit A reflects revisions to certain fees,
a restatement of certain fees not revised, and a consolidation of all such fees; and
WHEREAS
, due to the need for periodic modification of said fees and for the purposes
of efficiency, the City Council desires to adopt future fee changes by resolution rather
than by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS THAT:
SECTION 1.
All persons, firms, or corporations applying for licenses or permits or receiving other
City services described on Exhibit A that require the payment of a fee incident to such
application or service shall pay the fees as prescribed in the Fee Schedule attached hereto
as Exhibit A and made a part of hereof. It shall be a violation of this Ordinance to
conduct any activity or commence any use or receive any service for which payment of a
fee described herein is required until such fee has been paid (if required to be paid in
advance) or to fail to pay such fee when properly billed.
SECTION 2.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Schertz, Texas as to the fees set forth on Exhibit A effect on the
effective date of this Ordinance, except where the provisions of this Ordinance are in
direct conflict with the provisions of such ordinances and such Code, in which event the
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
The City Council may, from time to time, by ordinance add to the fees set forth on
Exhibit A, and the fees now or hereafter set forth on Exhibit A may be modified from
time to time by resolution of the City Council.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase,
clause, sentence, paragraph, or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, and sections of this Ordinance, since the same would have been enacted by
the City Council without the incorporation in this Ordinance of any such unconstitutional
phrase, clause, sentence, paragraph, or section.
SECTION 5.
Subject to the last sentence of this Section, any person, firm, or corporation who violates,
disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of
any of provisions of this Ordinance shall be fined not more than Five Hundred Dollars
($500.00) for each offense. Each day that a violation is permitted to exist shall constitute
a separate offense. If any other ordinance, including the Code of Ordinances, establishes
a different penalty for the failure to pay any fee on Exhibit A, the provisions of such other
ordinance or the Code of Ordinances shall control with respect to such penalty.
SECTION 6.
All rights and remedies of the City are expressly saved as to any and all violations of the
provisions of the Code of Ordinances in effect on the effective date of this Ordinance and
modified by this Ordinance or any other ordinances in effect on the effective date of this
Ordinance and modified by this Ordinance and requiring the payment of fees for licenses,
permits, and other services provided by the City which have accrued on the effective date
of this Ordinance; and any and all accrued violations and all pending litigation, both civil
and criminal, whether pending in court or not, under such ordinances, shall not be
affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 7.
This Ordinance shall be in full force and effect from and after its final passage and any
publication required by law.
rd
Passed and approved on the first reading this 3 day of February, 2015.
PASSED AND APPROVED ON FINAL READING this _______day of __________,
2015.
____________________________________
Michael R. Carpenter, Mayor
ATTEST:
___________________________________
Brenda Dennis, City Secretary
City of Schertz
Schedule of Fees
Water & Sewer2013-142014-15
Summary of Changes
Wholesale Water RateN/A2.27
Available by agreeemnt to Distributors with self-maintained water distribution
service, Military Bases, and for temporary use until resuse water is made
available in a particular area.
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