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05-05-2015 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL May 5,2015,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a tea.. Call to Order — City Council Regular Session Invocation and Pledges of Allegiance to the Flays of the United States and State of Texas. (Mayor Carpenter- Invocation) (Girl Scout Troop No. 4834, Kara Heath, Brooklyn Heath, Jazlyn Ingram, Kenzie Hudson - Pledges of Allegiance) City Events and Announcements • Announcements of upcoming City Events Q. Bierschwale /B. James) • Announcements and recognitions by City Manager Q. Kessel) Proclamations • National Public Works Week (Mayor Carpenter) • National Building Safety /Inspections Month (Mayor Carpenter) • National Historic Preservation Month (Mayor Carpenter) Presentation • Presentation of the Schertz Photo History Book (B. James /D. Weirtz) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. 05 -05 -2015 Council Agenda All remarks shall be addressed to the Council as a body, and not to any individual member thereof: Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Dearing of `Residents portion of'the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. I . Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of April 28, 2015. (J. Kessel/D. Schmoekel) 2. Ordinance No. 15 -M -14 — Consideration and /or action approving an Ordinance amending the City's Code of Ordinances Chapter 50, Article IV regulating the discharge of Guns. Final Reading (C. Zech /M. Hansen) 3. Board, Committees and Commission Resignation — Consideration and /or action ratifying the resignation of Patrick Russell of the Parks Advisory Board. (B. Dennis /Council) Discussion and Action Items 4. Ordinance No. 15 -M -15 — Consideration and /or action approving an Ordinance ordering and declaring the 2006, 2008, and 2012 Charter Amendments Adopted. First Reading (C. Zech /B. Dennis) 5. Resolution No. 15 -R -35 — Consideration and /or action approving a Resolution authorizing a License Agreement with NIDO Ltd., to allow the City of Schertz Police Department to us the property as a shooting range and weapons training facility. (J. Bierschwale /M. Hansen) Roll Call Vote Confirmation Requests and Announcements 6. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 05 -05 -2015 City Council Agenda Page - 2 - 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information. 9. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Adiournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL :BULLETIN BOARDS ON THIS THE 1st DAY OF MAY 2015 . AT 8:15 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. grewda Devuvi, 'bs Brenda Dennis, City Secretar I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 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 authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the 05 -05 -2015 City Council Agenda Page - 3 - attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor Pro -Tem Edwards — Place 4 Audit Committee Audit Committee Interview Committee for Boards and Commissions Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions TIRZ II Board Cibolo Valley Local Government Corporation Councilmember Fowler — Place 1 Councilmember Azzoz — Place 2 Interview Committee for Boards and Commissions Animal. Control Advisory Committee Schertz Housing Board Liaison Sweetheart Advisory Committee Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember John — Place 3 Councilmember Thompson Place 5 Lone Star Rail District Audit Committee 05 -05 -2015 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: May 5, 2015 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a Regular meeting on April 28, 2015. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of April 28, 2015. ATTACHMENT Minutes — Regular meeting April 28, 2015. MINUTES REGULAR MEETING April 28, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 28, 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 Pro -Tem Cedric Edwards Councilmember Grumpy Azzoz Councilmember Robin Thompson Staff Present: Deputy City Manager John Bierschwale City Attorney Charles Zech Call to Order Mayor Pro -Tem Edwards called the meeting to order at Texas (Councilmember John) Councilmember John provided the invocati of the United States and the. State,, of Texas. of of Allegiance to the Flags Bierschwale /B. James) City Manager John Bierschwale who provided the • Wednesday, April2, Blood Drive, Community Center Parking Lot, 8:00 -11:00 a.m. • Thursday, May 7, Sweetheart Court Coronation, 5:30 -9:00 p.m., Schertz Civic Center • Friday, May, 1`5, Schertz Dog Park Grand Opening, 3:00 -6:00 p.m. • Sunday, May 17, Schertz EMS Golf Tournament, Olympia Hills Golf Course • Sunday, May 24, EMS Banquet, 6:00 p.m., Schertz Civic Center • Announcements and recognitions by City Manager (J. Kessel) Mayor Pro -Tem Edwards recognized City Manager John Kessel who stated he received a nice note addressed to the Mayor from Randolph Air Force Base Vice - Commander Jody Perkins who thanked the city for their services in regard to their Avoid and Safety Hazard 04 -28 -201.5 Minutes Page -1- Program. Within twenty minutes of making a phone call, City personnel from Animal Services (Edward Armstrong) and Code Enforcement (Thomas Brooks) assisted Randolph Air Force Base with the removal of a feral hog carcass that was attracting a large number of vultures on one of the base's airplane runways, which was impeding air traffic on and off the base. It is a very big deal to this council, the community and the greater Schertz area to be a true team partner with the Air Force. For the Air Force vice commander to take the time to write this appreciation letter to the mayor speaks highly as to just how important this relationship is to the base as well as to the City of Schertz. Hearing of Residents No one signed up to speak. Consent ALenda Items 1. Minutes - Consideration and/or action Regular Meeting of April 21, 2015. Q. K 2. Ordinance No. 15 -T -13 — Consi a Budget Adjustment to the Drai Laura Heights Drainage Channel Busch) The following was readjj to record: of the minutes of the and /or actiop approving an Ordinance authorizing 3.nnel. Mainten Ate Fund for Improvements to the stream Section. Final, Reading (J. Bierschwale /L. ORDINANCE NO. 15-T-13 Mayor Pro -Teim Edwards recognized Councilmember Fowler who moved, seconded by Councilmembe'r Azzoz to approve the consent agenda items 1 and 2. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion Passed. Discussion and Action Items 3. Resolution No. 15 -R -32 — Consideration and/or action approving a Resolution authorizing a contract with Lambda Construction I, Ltd. related to the East Live Oak Pump Upgrade Project. (J. Bierschwale /C. Raleigh) 04 -28 -2015 Minutes Page - 2 - M The following was read into record: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH LAMBDA CONSTRUCTION I, LTD. RELATED TO THE EAST LIVE OAK PUMP UPGRADE PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Pro -Tem Edwards recognized Assistant Public Works Director Jimmy Hooks who stated this project was approved during the 201.4 -1.5 budget year and will be paid for out of the capital recovery fees. They conducted a public competiie concealed bid process and although Lambda Construction was the higher of the,'two bids submitted they based their selection on the company's experience, corporate history and stability. Also, they had done similar work projects of this nature in the past."" Staff recommends approval from council. City Manager John Kessel added that they used the best value selection method as provided for in state law in choosing this company fair the,project. Mayor Pro -Tem Edwards recognized Councilme her Fowler who asked if they were replacing a low pressure pump., Mr. Hooks stated s, they were replacing the old 50 horsepower pump with a new 100, horsepower pump and also adding a 300 horsepower pump and can on the high zone. was RESOLUTION NO. 15 -R -33 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING CONTRACTS TOTALING NO MORE THAN $80,000 WITH ADVANCED WATER WELL TECHNOLOGIES FOR LABOR AND RELATED MATERIALS FOR VARIOUS SEPARATE AND UNRELATED WATER PUMP REPAIR PROJECTS DURING THE 2014 -15 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Pro -Tem Edwards recognized Assistant Public Works Director Jimmy Hooks who stated in the past few weeks they had a couple of water pumps go down. They contracted with Advanced Water Well Technologies to pull the pump out. The cost was $23,000. They 04 -28 -201.5 Minutes Page - 3 - 5. were installing that pump when a second pump went out. That cost turned out to be $30,227. This combined total will bring us over the $50,000 limit we are allowed to spend on one company without council approval. Since this is the prime season of water usage we didn't want to get ourselves in a situation where another pump may go out soon and we would need to use Advanced Water Well Technologies again and not have permission to do so. Therefore, staff is asking for council's approval to increase the limit from $50,000 to $80,000. Staff is in the process of getting some other bidders and working to get a few more on -call companies to do this same service. They are also wanting to get somebody on call that they can use to change the oil more often and do the greasing with them. By approving this item tonight, in the event another p back to this company and have them fix it without approval. However, we also have the option of going Deputy City Manager John Bierschwale c made the $80,000 limit would allow us to preventive maintenance on these older pi emergency repairs. out, staff will be able to go first come to council for -r comnanv if we want to. it after the repair iring this compar company is very these pumps are ),do some future )d'and these are City Manager John Kessel stated we have three different numbers we are working with. The first number is the budgeted atnount, which has sufficient funding already allocated and allows us to do this work as well as blhcr work. The second number is the $80,000, which is a `not to exceed' number that we wo41d be able to go up to (with this particular company) but not exceed the spending limit without, additional council approval. The third number is the $30,221, which is the amount that we would be entering into a contract with someone to do the repair s I eryice. So council is saying yes to $30,227 for a contract and not to exceed speridltag $80,0001 in any calendayear with that contractor. The following was read into record: ORDINANCE NO. 15 -M -14 AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 50, ARTICLE IV REGULATING THE DISCHARGE OF GUNS; PROVIDING FOR CERTAIN EXCEPTIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 04 -28 -2015 Minutes Page - 4 - Mayor Pro -Tem Edwards recognized City Attorney Charles Zech who stated the City of Schertz has previously adopted regulations consistent with state law regulating the discharge of firearms within the city limits. Last year the council amended that regulation providing for an exception for the discharge of a firearm by a public safety officer on property owned or ]eased by the city for purposes of gun training. Recently, the city has been negotiating with a property owner to allow for training on that property. We need to amend the current regulations in regard to this exception. The amendment would change the wording of `public safety officer' to ` Schertz Police Officer'. Also we have decided a licensed agreement would be more appropriate than a lease, sow ' e will be adding `owned, leased or licensed' by the city for purposes of gun training. The following was read into RESOLUTION NO. 15 -R -34 Lt. Co'rreu,, is also present tonight because he did the actual work on this grant and can answer any questions- council may have. He is also to be recognized and commended because two'yars ago he was offered a challenge to become the Police Department Grant Officer. During this two year time period he has applied for nearly $2.5 million in grant money and has successfully gotten the Police Department an amount just under $900,000. Mayor Pro -Tem Edwards moved, seconded by Councilmember Azzoz to approve Resolution No. 15 -R -34. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion Passed. 04 -28 -201.5 Minutes Page - 5 - Roll Call Vote Confirmation Mayor Pro -Tern Edwards recognized Deputy City Secretary Donna Schmoekel who recapped the votes for agenda items 1 through 6. Executive Session 7. The City Council will meet in closed session under Section 551.072 of the Texas Government Code, Deliberation Regarding Real Property. • Project E -005 - Project Shelter • Mayor Pro -tem Edwards announced he was infornW, earlier this e-01 ening that there was no longer a need to go into Executive Session. Reconvene into Regular Session 7a. Take any action based on discussions held in clos Item 7 was cancelled. No action Roll Call Vote Confirmation Mayor Pro -Tern Edwards recognized recapped the votes for agenda item 7a. Item 7 was cancelled. No action taken. • Citizen Kudos- • Recognition ofCity employee actions • New Departmental initiatives No further announcements were provided. ion under Agenda Item 7. ecretary Donna Schmoekel who 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items were requested. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. 04 -28 -201.5 Minutes Page - 6 - Mayor Pro -Tern Edwards recognized Councilmember Azzoz who requested the following: an update on 1) the Woodland Oaks Park retaining wall 2) the park signs where all the letters are missing, 3) the proposed handheld devices ordinance, and 4) infrastructure, especially Elbel Road, which needs some repairs. Mayor Pro -Tern Edwards recognized Councilmember Thompson who requested that we space the recent staff requests by council over the next several weeks in order to give city staff enough time to gather information and prepare their presentations to council. 11. Announcements by Mayor and Councilmembers Mayor -Pro Terri Edwards recognized Chief of Staff Bob Cantu and Deputy City Manager John Bierschwale and other members of the Schertz Lions Club in regard to the recent Casino Night event. This is ,another local volunteer organization that is doing a good job. .rles Zech reminded everyone that every year his law firm puts on a free legal seminar elected city officials and ' tiff called the Hog Wild Seminar. They have partnered i Texas State University and the seminar will be held on May 29 in San Marcos. This 7s keynote speaker will be the Mayor of Houston. If you need information on it ise let him know. Adiournment As there was no further Business the meeting was adjourned at 6:58 p.m. Cedric Edwards, Mayor Pro -Tern ATTEST: Donna Schmoekel, Deputy City Secretary 04 -28 -201.5 Minutes Page - 7 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: May 5, 2015 Department: Police Department Subject: Ordinance No. 15 -M -14 - Discharge of Firearms Ordinance (Final Reading) The City of Schertz (the "City ") authorization an amendment to Chapter 50 of the City's Code of Ordinances on May 20th of 2014. Reviewing the amended ordinance it was discovered that it did not include the option for the Police Department to enter into a license to utilize property for a firearms training facility. This amendment will make that change. City Council approved this on First Reading at their meeting of April 28, 2015. Goal The City wishes to enter into a license to utilize land for a firearms training facility. Community Benefit The benefit of this ordinance is to create an opportunity for the City to enter into a license allowing the Police Department to utilize land for a firearms training facility. Summary of Recommended Action Recommend approval of Final Reading of ordinance amending chapter 50 of the City Code of Ordinances to make it lawful for a Schertz Police officer or an individual under the supervision of a Schertz Police officer to discharge a firearm on property owned, licensed or leased by the City for the purpose of firearms training. FISCAL IMPACT None. RECOMMENDATION Recommend approval of Final Reading of Ordinance No. 1.5 -M -14 ATTACHMENT(S) Ordinance No. 15 -M -1.4 ORDINANCE NO. 15 -M -14 AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 50, ARTICLE IV REGULATING THE DISCHARGE OF GUNS; PROVIDING FOR CERTAIN EXCEPTIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 50 -1.24 of the City's Code of Ordinances currently prohibits the discharge of a gun within the certain portions of the City limits; and WHEREAS, Section 50 -1.25 of the City's Code of Ordinances currently provides certain exceptions to the prohibitions found in Section 50 -124; and WHEREAS, City Staff has reviewed the current regulations and hereby recommends certain additional exceptions to the prohibition on the discharge of a gun be provided for in Section 50- 1.25 to authorize the City of Schertz Police Department (the " Schertz Police Department ") to utilize a shooting range and weapons training facility to train its officers; and WHEREAS, the City Council of the City of Schertz hereby finds and determines that the recommendations of City Staff should be accepted; and WHEREAS, City Council of the City of Schertz hereby finds and determines that the exceptions to the prohibition on the discharge of a gun and the additional amendments provided for herein are in the best interest of the health, safety, and welfare of the citizens of the City of Schertz. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That Chapter 50, Article IV Guns, BB Guns, Pellet Guns be amended as follows: Sec. 50 -125. Exception. Excepted from section 50 -124 are: (5) By any Schertz Police-Officer or by an individual under the supervision of a Schertz Police Officer on property owned, licensed or leased by the City for purposes of gun training. 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 28tb day of April, 2015. . PASSED, APPROVED and ADOPTED ON SECOND READING, the 5th day of May, 2015. . ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Q Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: May 5, 2015 Department: Subject: City Secretary Boards, Commissions and Committee Member Resignations The City has received a resignation from Mr. Patrick Russell of the Parks Advisory Board. FISCAL IMPACT RM RECOMMENDATION Staff recommends ratifying the resignation of Mr. Patrick Russell. ATTACHMENTS Resignation — Patrick Russell. Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: May 5, 2015 Department: City Attorney Subject: Ordinance No. 15 -M -15 — An ordinance ordering and declaring the 2006, 2008 and 2012 Charter Amendments Adopted First Reading On May 1.3, 2006, November 4, 2008, and November 6, 2012 . the City of Schertz held elections on the adoption of amendments to the City's Home Rule Charter. On May 16, 2006, November 1.2, 2008, and November 19, 2012, City Council canvassed the votes of the respective elections. Texas Local Government Code Section 9.05 (b) provides that an amendment to a charter does not take effect until the governing body of the municipality enters an order in the records of the municipality declaring that the amendment is adopted. The City Attorney, upon review of the stated ordinances, raised concerns regarding whether the language within the canvassing documents satisfied the requirements of the Texas Local Government Code. The City Attorney has recommended the adoption of the present ordinance as a prophylactic measure to ensure compliance with the law. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve Ordinance No. 15 -M -15 on first reading. ATTACHMENT Ordinance No. 15 -M -15 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, ORDERING AND DECLARING THE 2006, 2008, AND 2012 CHARTER AMENDMENTS ADOPTED. WHEREAS: On May 1.3, 2006, November 4, 2008, and November 6, 2012 . the City of Schertz held elections on the adoption of amendments to the City's Home Rule Charter; and WHEREAS: On May 16, 2006, November 12, 2008, and November 19, 2012, City Council canvassed the votes of said elections; and WHEREAS: Texas Local Government Code Section 9.05 (b) provides that an amendment to a charter does not take effect until the governing body of the municipality enters an order in the records of the municipality declaring that the amendment is adopted; and WHEREAS: pursuant to notice of a public meeting held in compliance with the Texas Open Meetings Act, the City Council of the City of Schertz, Texas, convened into a regular meeting of the City Council on the 13th day of May, 2006, 12th Day of November, 2008, and 19th Day, of November 2012 for the purpose of entering an order into the records of the City and declaring that the amendments to the City Charter are adopted; and WHEREAS: In order to ensure compliance with the requirements of Texas Local Government Code Section 9.05 (b) the City Council desires to adopt the order declaring the previous Charter Amendments adopted. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: Section 1. Findings. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Section 2. Proceedings. That an election was duly called and held on May 1.3, 2006, November 4, 2008, and November 6, 2012 and final votes were canvassed on May 13, 2006, November 1.2, 2008, and November 19, 2012 . on the question of the adoption of amendments to the City of Schertz Home Rule Charter. Section 3. Adoption of Amendments. It is hereby ordered that the following measures are herby declared to be adopted based on the canvassing of the following elections: May 1.3, 2006 Propositions 1 - 34 November 12, 2008 Propositions 1, 2, 3, 5, 8, 9, 10, 11, 12 November 19, 2012 . Propositions 1 -5 Section 4. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance shall be declared invalid by judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance or Section of the Code which this ordinance is contained and the remainder of this Section of the Code and ordinance shall be enforced as written. PASSED ON FIRST READING, the 5th day of May, 2015. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of May, 2015. Michael R. Carpenter, Mayor Brenda Dennis, City Secretary Approved as to Form: City Attorney's Office Agenda No. 5 Cpl 1fMOL11"LlusI NU 10I01 [o7 710 Rod 1 City Council Meeting: May 5, 2015 Department: Police Department Subject: Resolution No. 15-R-35 Shooting Range Agreement BACKGROUND The Police Department does not currently have its own facility to conduct weapons training. We are dependent upon the benevolence and schedule of other agencies. To conduct firearms training and qualifications it currently requires that officers travel to another jurisdiction. Through this agreement, land is made available for use as a firearms training facility. The land is part of an active landfill. The specific site is a former concrete mixing site and is partially surrounded by large dirt, steel and concrete berms that are ideal for containment. This is a temporary solution dependent upon the status of the landfill and development of the area. The landfill is expected to be in operations for approximately another twenty years. It is currently mostly surrounded by farm land. Goal Approve a resolution authorizing a license with NIDO LTD. for use of land to be utilized as a firearms training facility. Community Benefit The community benefits by the Police Department having a local firearms training facility. The facility can be scheduled in a manner to reduce overtime and the location reduces travel time and expense. Summary of Recommended Action Recommendation that Resolution to approve an agreement with NIDO LTD. FISCAL IMPACT The cost associated with this agreement is $1 annually. The funds are currently available in the Police Department Training Budget. No budget amendment will be necessary. 50631771.1 Approval of Resolution No. 15 -R -35 Ir W VON sI ►I I DILIY Resolution No. 15 -R -35 License Agreement 50631771.1 RESOLUTION NO. 15 -R -35 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A LICENSE AGREEMENT WITH NIDO LTD. A TEXAS LIMITED PARTNERSHIP AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into a License Agreement, attached hereto as Exhibit A (the "Agreement "), with NIDO LTD. A Texas limited partnership (the "Property Owner ") to allow the City of Schertz Police Department to use Property as a shooting range and weapons training facility; and WHEREAS, the City of Schertz Police Department (the "Schertz Police Department ") requires a shooting range and weapons training facility to train its officers; WHEREAS, the Property Owner is the owner of seventy acres of undeveloped land located at 550 FM 78, Schertz, Texas 78148 (the "Land "); WHEREAS, the City desires to use approximately 1.6 acres of the Property Owner's Land, described in Exhibit A (the "Property "), for use as a shooting range and weapons training facility for the Schertz Police Department; WHEREAS, the Property Owner desires to grant a license to the City for the Schertz Police Department to use the Property as a shooting range and weapons training facility; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with NIDO LTD. in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 5th day of May, 2015. . CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 imall CRIME VICTIMS' LIAISON INTERLOCAL AGREEMENT 50234811.1 A -1 LICENSE AGREEMENT This LICENSE AGREEMENT is entered into as of _, 2015 (the "Agreement "), between the CITY OF SCHERTz, TEXAS, a home -rule municipality (the "City "), and NIDO, LTD., a Texas limited partnership (the "Property Owner "). U76F ., WHEREAS, the City of Schertz Police Department (the "Schertz Police Department ") requires a shooting range and weapons training facility to train its officers; WHEREAS, the Property Owner is the owner of seventy acres of undeveloped land located at 550 FM 78, Schertz, Texas 78148 (the "Land "); WHEREAS, the City desires to use approximately 1.6 acres of the Property Owner's Land, described in Exhibit A (the "Property "), for use as a shooting range and weapons training facility for the Schertz Police Department; WHEREAS, the Property Owner desires to grant a license to the City for the Schertz Police Department to use the Property as a shooting range and weapons training facility; and NOW THEREFORE, in consideration of the terms, conditions, and mutual covenants contained herein and other good and valuable consideration received by each party, the sufficiency of which are hereby acknowledged, the City and the Property Owner hereby agree as follows: A (_RTTMPNT ARTICLE 1 —USE OF PROPERTY Section 1.01. The Property Owner hereby grants to the City for the payment of one dollar ($1.00) annually a license for the Schertz Police Department to enter and use the Property as a shooting range and weapons training facility. Those persons permitted to use the Property as a shooting and and weapons facility under this Agreement shall be specifically limited to those persons who are either (1) licensed peace officers in the State of Texas who are employed or affiliated in a law enforcement capacity with the City or the Schertz Police Department, or (2) supervised by licensed peace officers in the State of Texas who are employed or affiliated in a law enforcement capacity with the City or the Schertz Police Department. Section 1.02. The Schertz Police Department has permission to enter and use the Property pursuant to this Agreement on any day between 7:00 a.m. and 1.1:00 p.m. The discharge of firearms shall not occur on any day prior to 8:00 a.m. or after 10:00 p.m. The Schertz Police Department also has permission at all times to enter the Property to pick up or drop off equipment related to the shooting range and weapons training facility as may be needed from time to time. The Schertz Police Department's use of the Property shall be exclusive, except as described in Section 1.05. The City or the Schertz Police Department shall give the Property Owner at least two hours' notice of any use of the Property allowed herein. Section 1.03. The Schertz Police Department's access to the Property shall be through a twenty (20) feet wide access road as shown on the attached Exhibit B. The Property Owner shall be allowed to limit access to the Property due to inclement weather conditions that flood or otherwise may damage the access road area. At its discretion, the Property Owner may provide alternate access to the Property. Section 1.04. The City and the Property Owner agree that the shooting range shall be arranged so that discharged shots, bullets or other projectiles are confined to the Property. Section 1.05. The Schertz Police Department is authorized, in any manner it sees fit, to store shooting supplies, stands, targets, plate racks, and other substantially similar equipment typically used at a shooting range on the Property. The Schertz Police Department may place a storage structure on the Property to store materials used by the Schertz Police Department; however, no weapons will be stored on the Property. The City shall provide to the Property Owner any keys or access codes used to access the property; however, the Property Owner shall not have access to any keys or access codes for any storage structure the Schertz Police Department uses to store equipment as described in this Section. Section 1.06. Subject to Section 3.02 and as part of the consideration for this Agreement, the Property Owner and the Property Owner's employees will have access to and permission to enter onto the Property for any of the following purposes: (a) to determine whether the Property is in good condition and whether the City is complying with its obligations under this Agreement; (b) to serve, post or keep posted any notice as required or allowed under provisions of this Agreement; or (c) to do or perform or cause to be done or performed any act necessary for the safety or preservation of the Property or improvements on the Property and any access -ways or adjoining property. ARTICLE II -TERM OF AGREEMENT AND TERMINATION Section 2.01. The term of this Agreement is one (1) year, beginning on the date of this Agreement, and expiring one year after the date of this Agreement; however, this Agreement shall automatically renew each year unless either party to this Agreement provides 30 days prior written notice to the other party to terminate the Agreement. Section 2.02. Either the City or the Property Owner, with or without cause, can terminate this Agreement by providing one (1) month prior written notice to the other party. Upon the termination of this Agreement, the City shall remove all buildings, trash, debris, shooting supplies and other items the City or the Schertz Police Department brought onto the Property during the term of this Agreement. The City shall be liable for all costs of the cleanup N required under this Section and shall leave the Property in substantially the same condition as of the date of commencement of this Agreement. The City shall complete the restoration of the Property required under this Section no later than three (3) months after the date this Agreement terminates, unless otherwise agreed to in writing by both the Property Owner and the City. ARTICLE III —HOLD HARMLESS & INDEMNIFICATION Section 3.01. THE CITY, ITS SUCCESSORS, AND ASSIGNS IN EXCHANGE FOR THE CONSIDERATION CONTAINED HEREIN, AGREE TO HOLD HARMLESS THE PROPERTY OWNER FOR ANY INJURY CLAIMS, CAUSES OF ACTION, INCLUDING CLAIMS OF NEGLIGENCE OR OTHER DISPUTES THAT MAY ARISE FROM THE USE OF THE PROPERTY IN CONNECTION WITH THIS AGREEMENT AS LONG AS THE DISPUTE ARISES OUT OF AN ACT OR OMISSION BY A CITY OF SCHERTZ POLICE OFFICER, AN AGENT OF THE CITY OR OTHER GUEST OF THE CITY ON THE PROPERTY. Section 3.02. THE CITY SHALL INDEMNIFY THE PROPERTY OWNER FOR THE CITY'S NEGLIGENT ACTS IN CONNECTION WITH THE USE OF THE PROPERTY AS DESCRIBED IN THIS AGREEMENT. IN CONNECTION WITH SUCH INDEMNIFICATION, THE CITY AGREES TO MAINTAIN TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL "ENDORSEMENT EL217- INDEMNIFICATION UNDER CONTRACT," WHICH COVERS SUCH INDEMNIFICATION, FOR THE TERM OF THIS AGREEMENT AND FOR ANY AUTOMATIC TERM RENEWALS UNDER THIS AGREEMENT. Section 3.03. The Property Owner shall not use the Schertz Police Department's non- consumable targets and /or range equipment. THE PROPERTY OWNER FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, THE SCHERTZ POLICE DEPARTMENT, AND ALL OF ITS AGENTS, REPRESENTATIVES, AND EMPLOYEES FOR ANY INJURY CLAIMS, CAUSES OF ACTION, INCLUDING CLAIMS OF NEGLIGENCE OR OTHER DISPUTES BUT ONLY IF SUCH CLAIMS ARISE FROM THE USE OF THE PROPERTY AS A SHOOTING RANGE /WEAPONS TRAINING FACILITY AND THE DISPUTE ARISES OUT OF AN ACT OR OMISSION BY THE PROPERTY OWNER OR THE PROPERTY OWNER'S EMPLOYEES. Section 3.04. For purposes of this Agreement, the Property Owner and the Property Owner's employees do not constitute guests of the City. Section 3.05. The Property Owner waives all liability on the part of the City, the Schertz Police Department, and all of its agents, representatives, and employees for foreseeable and/or unforeseeable environmental remediation, soil extraction, or other environmental clean -up activity that is not directly related to use of the Property as a shooting range /weapons training facility by a City of Schertz police officer, an agent of the City, or other guest of the City. Section 3.06. The City and the Schertz Police Department agree (i) to abide by all laws of the United States, the State of Texas, and all City ordinances and (ii) to obtain all permits and 3 licenses required to use the Property as a shooting range and weapons training facility as described in this Agreement. Section 3.07. FOR PURPOSES OF THE INDEMNITIES OWED TO THE PROPERTY OWNER UNDER SECTION 3.01 AND SECTION 3.02, THE TERM "PROPERTY OWNER" SHALL INCLUDE INDEMNIFICATION FOR ANY SUCH CLAIMS TO BE MADE AGAINST THE PERSONS AND /OR ENTITIES LISTED ON ATTACHED EXHIBIT C. ARTICLE IV- SEVERABILITY Section 4.01. The parties agree that if any clause or provision of this Agreement is determined to be illegal, invalid or unenforceable under any present or future federal, state, or local law, including, but not limited to, the City Charter, City Code, or City ordinances of the City, effective during the term of this Agreement, then and in that event it is the intention of the parties hereto that the remainder of this Agreement shall not be affected, and it is also the intention of the parties to this Agreement that in lieu of each clause or provision of this Agreement that is illegal, invalid or unenforceable, there be added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. ARTICLE V- NOTICES Section 5.01. Notices to the City required under this Agreement shall be deemed sufficient if in writing and hand delivered or sent via registered or certified mail, postage prepaid, addressed to: With copy to: City of Schertz, Texas Attn: City Manager 1400 Schertz Parkway Schertz, Texas 781.54 Charles Zech Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C. 2517 N. Main Avenue San Antonio, Texas 7821.2 or to such other address as may have been designated in writing by City from time to time. Notices to the Property Owner shall be deemed sufficient if in writing and hand delivered or sent via registered or certified mail, postage prepaid, addressed to the Property Owner at: P.O. Box 790641 San Antonio, Texas 78279 :1 ARTICLE VI- GOVERNING LAW Section 6.01. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Guadalupe County, Texas. ARTICLE VII - GENDER AND CAPTIONS Section 7.01. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. Section 7.02. The captions contained in this Agreement are for convenience of reference only and in no way limit or enlarge the terms and conditions of this Agreement. ARTICLE VIII - ENTIRE AGREEMENT Section 8.01. This Agreement, together with its attached exhibits and the authorizing ordinance or resolution, attached as Exhibit B, in writing, constitutes the entire Agreement between the parties, any other written or parole agreement with City being expressly waived by the Property Owner. This Agreement shall not take effect until the authorizing ordinance or resolution, which shall agree to all the terms herein, has been duly authorized, voted upon, and agreed to by the City pursuant to all legal formalities required by state and local laws. Section 8.02. No amendment, modification or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties. Section 8.03. Any amendment, modification or alteration of the terms of this Agreement shall not be binding on the City unless approved by City Council as evidenced by ordinance or resolution. ARTICLE IX -TITLE AND QUIET ENJOYMENT Section 9.01. The Property Owner represents and warrants to the City as of the execution date of this Agreement that the Property Owner has good and sufficient title and interest to the Property. Section 9.02. The Property Owner agrees that the City, on paying the rental and performing all of its covenants herein, shall peaceably and quietly have, hold, and enjoy the Property, except for the uses by the Property Owner allowed herein. ARTICLE X- ASSIGNMENT Section 10.01. This Agreement is non - assignable unless agreed to in writing by the Property Owner and the City. 5 ARTICLE XI- RELATIONSHIP OF PARTIES Section 11.01. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third part, as creating the relationship of principal and agent, partners, joint ventures, or any other similar relationship between the parties to this Agreement. It is understood and agreed that no provision contained in this Agreement nor any acts of the parties create a relationship other than the relationship of licensor and licensee. ARTICLE XII- AUTHORITY Section 12.01. The City and the Property Owner each hereby represents and warrants that the person signing this Agreement on its behalf has full authority to do so. [SIGNATURES ON FOLLOWING PAGE] no IN WITNESS WHEREOF, the parties have executed this License Agreement as of the day and year first above written. CITY OF SCHERTZ, TEXAS John Kessel, City Manager NIDO, LTD., a Texas Limited Partnership wo S -1 EXHIBIT A Property Map A -1 EXHIBIT B Map showing access way Beck Dispose-All, Ltd. Beck Landfill dba Nido, Ltd. Beck Readymix Concrete Co., Ltd. Cibolo Ltd. Dan E. McCarty Lee McCarty Benjamin Davis Kenneth McCarty Sage, LLC EXHIBIT C C-1 1 its s NCHHERTZ COMMUNITY- SERVICE* OPP RTUNITY Last Update: June 3, 2014 cityofschertz,clscoordlnatnr: Tony MCFells, emcfalls�schertz.com (zto)81 &1184 Thls product Is for Informatlonal ppryoses and may not have bean prepared for or be - ItIble for legal. eng ineering. or rveying puryoses. It does not represent an on- the - ground survey end represents only the approximate relative locetlon of property boundaries. City of Schertz Firing Range Proposed Location 0 Parcel Boundaries 240' Radius i Em N W�pE S 1 Inch = 500 Feet 150 300 600 900 1,200 Feet