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07-07-2015 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL JULY 7,2015,6:00 P.M. I Is El If X10 �1i.�� 1 �� /�[� 17� 1[�Z�7►� 1 � 11 �i`cK�111t to i Me go /_\►VA 11 of 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 Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Daryl John) City Events and Announcements • Announcements of upcoming City Events ( /B. James /D. Wait /B. Cantu) • Announcements and recognitions by City Manager (J. Kessel) Presentations • Presentation regarding a new payment Kiosk located at the YMCA. (B. James /M. Clauser) • Presentation regarding the recent TAMI Award. (B. Cantu /L. Klepper) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof: Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding 07 -07 -2015 Council Agenda Officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Workshop • Discussion and possible action regarding allowing hand -held devices up on the dais and review of the City Council Code of Ethics and City Council Rules of Conduct and Procedure. (Item requested by Councilmember Azzoz and Mayor Carpenter) 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. 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Special Workshop Meeting of June 19, 2015 and the Regular Meeting of June 23, 2015. (J. Kessel/B. Dennis) 2. Ordinance No. 15 -T -19 — Consideration and /or action approving an Ordinance authorizing a Budget Adjustment to Tree Mitigation Fund 319 to procure Landscape Installation and Maintenance Services for the Schertz Soccer Complex located at 2600 Maske Road. Final Reading (B. James /C. VanZandt) 3. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees — Consideration and /or action regarding appointments /reappointments and resignations to City Boards, Commissions, and Committees. (Mayor /Council /B. Dennis) Discussion and Action Items 4. Resolution No. 15 -R -52 — Consideration and /or action approving a Resolution authorizing a Purchase Contract of Improved Real Property between the City of Schertz Economic Development Corporation (SEDC) and the Good Shepherd Catholic Church. (J. Kessel/K. Kinateder) 5. Resolution No. 15 -R -54 — Consideration and /or action approving a Resolution authorizing an amendment of the Interlocal Agreement for Dispatch Services with the City of Cibolo. (D. Wait /M. Hansen) 6. Resolution No. 15 -R -55 — Consideration and /or action approving a Resolution authorizing the adoption of Prevailing Wage Rates for Public Works Construction as determined by the U.S. Department of Labor. (D. Wait /J. Kurz) 7. Resolution No. 15 -R -56 — Consideration and /or action approving a Resolution approving the use of a State of Texas Cooperative Contract with Vulcan Materials Company for expenditures totaling no more than $80,000 for Asphalt and Related 07 -07 -2015 City Council Agenda Page - 2 - Materials for various separate and unrelated street upgrade and repair projects during remainder of the FY 2014/15 fiscal year. (D. Wait /S. Willoughby) 8. Resolution No. 15 -R -57 — Consideration and /or action approving a Resolution authorizing the City Manager to enter into a contract with Maldonado Nursery & Landscaping, Inc. for the installation, one (1) year warranty, and one (1) year maintenance contract associated with the landscape installation project for the Schertz Soccer Complex located at 2600 Maske Road. (B. James /C. VanZandt) 9. Resolution No. 15 -R -58 — Consideration and /or action approving a Resolution authorizing an amendment to the Interlocal Cooperation Agreement with the City of Cibolo, Texas and the Schertz - Cibolo - Universal City Independent School District regarding School Resource Officers. (D. Wait /M. Hansen) 1.0. Resolution No. 15 -R -59 — Consideration and or action approving a Resolution authorizing the City Manager to enter into an agreement retaining the services of Mr. David Klein of Lloyd Gosselink Attorneys at Law to handle matters associated with the protest of a wastewater discharge permit application and the decertification of territory within the corporate boundaries of the City of Schertz from the water and or wastewater certificates of convenience and necessity held by the Green Valley Special Utility District. (D. Wait) Roll Call Vote Confirmation Executive Session 11. City Council will meet in closed session under Texas Government Code Section 551.071, Consultation with Attorney, to discuss and deliberate legal issues associated with the Economic Development Incentives Agreement (Amazon.com.KYDC LLC). 12. City Council will meet in closed session under Texas Government Code Section 551.071, Consultation with Attorney, to discuss and deliberate legal issues associated with TECQ. Reconvene into Regular Session I la. Take any action based on discussions held in closed session under Agenda Item 11. 12a. Take any action based on discussions held in closed session under Agenda Item 12. Roll Call Vote Confirmation Requests and Announcements 13. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions 07 -07 -2015 City Council Agenda Page - 3 - • New Departmental initiatives 1.4. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 15. 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 Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 2nd DAY OF JULY 2015 AT 10:30 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. -FrevOn Ueww%s Orenda, Dennis City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 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 07 -07 -2015 City Council Agenda Page - 4 - 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 07 -07 -2015 City Council Agenda Page - 5 - Workshop CITY COUNCIL MEMORANDUM City Council Meeting: July 07, 2015 Department: Mayor /Council Subject: Discussion and possible action regarding allowing hand -held devices up on the dais and review of the City Council Code of Ethics and City Council Rules of Conduct and Procedure At the City Council meeting of June 23, 2015, Councilmember Azzoz requested an item be placed on the agenda to further discuss allowing hand -held devices up on the dais. Also, at that time Mayor Carpenter requested that the Council review the City Council Code of Ethics and City Council Rules of Conduct and Procedure. �.Y�7_� 1� 1►i i7r� None RECOMMENDATION Mayor and Council to discuss and take any action based on discussions regarding hand -held devices and any requested changes to the City Council Code of Ethics and Rules of Conduct and Procedure. ATTACHMENTS Signed Code of Ethics Approved Rules of Conduct and Procedure it O�mm�d'�A City Council Code of Ethics Introduction 12 -09 -14 Final The City Council Code of Ethics (the "Codes ") applies only to the members of the City Council: the Mayor, the Mayor Pro -Tem and the other City Council members. Furthermore, all provisions of the Codes apply equally to the Mayor, Mayor Pro -Tem and City Council members, who must follow the content of the Codes as well as the spirit. It is the policy of the City Council that all of its members shall abide by federal and state law. It is also the policy of the City Council that all of its members shall abide by the provisions set forth in the City Charter and all City ordinances and policies, including the Codes. Purpose By adopting these Codes, Council members commit to: • transparent and accountable governance; • honest, fair and respectful dealings with fellow Council members, City staff, and the wider community; and • working together to deliver the best outcomes for the long -term interests of the City. These standards, together with the ongoing requirement for Council members to abide by Council policies, as they change from time to time, will ensure that public trust and confidence in the City Council is enhanced. Limitations The Codes are intended to support, explain or otherwise clarify the articles set forth in the City Charter or to exercise the specific right given to the City Council in the City Charter in Article III, Section 3.01 and Article IV, Section 4.08, to exercise its governmental powers. Nothing in the Codes is intended to contradict or supersede the City Charter or state law. Procedure 1. Council Member and Board. Committee or Commission Member Interactions a. City boards, committees and commissions are formed in order to provide independent recommendations to Council and, in the case of some commissions, to conduct hearings in order to make determinations, which may or may not be subject to appeal to the Council. 2. Council Members Serving as Council Liaisons a. A Council liaison is a Council member who is specifically assigned to be the liaison between the City Council and a board, committee or commission. The primary role of the liaison is that of facilitator of communications between the Page 1 CITY o \ iPOlt. \LY.\ 12 -09 -14 Final board, committee or commission and the Council. A Council member who is appointed to sit as a member of a board, committee or commission is not a liaison for purposes of this policy. b. A Council liaison shall facilitate communications between the board, committee or commission and the Council. The liaison should not be an advocate for the board, committee or commission, give direction to a board, committee or commission or influence a decision of a board, committee or commission. The liaison may, however, assist and provide guidance to a board, committee or commission with their work plans or agendas. c. A Council Liaison Acts as the: i. Spokesperson on behalf of the Council when so directed by the Council. ii. Contact person, if the board, committee or commission (or an individual board, committee or commission member) wants such a channel of communication. iii. Council representative present to identify procedural and structural issues relating to the effective functioning of the board, committee or commission for Council. d. Council Liaison Participation Expectations: i. Attendance is discretionary with the Council member. Attendance as a liaison at a board, committee or commission meetings is not required. ii. Liaisons shall have no vote on the board, committee or commission. iii. Liaison attendance at board, committee or commission retreats is discouraged unless attendance is requested by the board, committee or commission. iv. Liaisons do not have a right to be in attendance at board, committee or commission executive sessions and shall abstain from attending such executive sessions unless invited to attend by the collective board, committee or commission. Ethical Conduct Rules 1. Ethical Conduct Rules for all City Council Members a. During City Council meetings, City Council members shall assist in preserving order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to obey the orders of the presiding officer or the rules of the City Council. Page 2 12-09-14, Final b. During City Council meetings, a City Council member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine discussion to the question under debate, avoid discussion of personalities and indecorous language, and refrain from personal attacks and verbal abuse. c. During City Council meetings, a City Council member desiring to question the administrative staff shall address questions to the City Manager, who shall be entitled either to answer the question(s) or designate a member of City staff. Such designation may occur at any time, including prior to a City Council meeting. City Council members shall not berate nor admonish staff members. d. During City Council meetings, a City Council member, once recognized, shall not be interrupted while speaking unless called to order by the presiding officer, to raise a point of order, procedure or privilege, or unless the speaker chooses to yield to questions from another member. If a City Council member is called to order while speaking, that member shall cease speaking immediately until the question of order is determined. If ruled to be in order, the member shall be permitted to proceed. If ruled to be not in order, the member shall remain silent or make additional remarks so as to comply with rules of the City Council. e. During City Council meetings, City Council members shall confine their questions to the particular matters before the assembly, and in debate, shall confine their remarks to the issues before the City Council. f. During City Council meetings, when there is more than one speaker on the same subject, City Council members will delay their comments until after all speakers on the subject have been heard. g. Council members shall clearly state when he /she has been directed by Council to speak on behalf of the City Council at the meeting of any board, committee or commission. All other commentary offered before a board, committee or commission is deemed to be the personal opinion of the Council member. h. Council members shall not speak on behalf of the Council at any place or time unless they have been so directed by the body of the City Council. Any commentary offered at any time, in public or otherwise, is deemed to be the personal opinion of the City Council member speaking. Page 3 CITY o� s � ,$hU3t.Yi4,0 12 -09 -14 Final i. Council members shall not speak to any board, committee or commission member on any matter that may come before the Council in a manner designed to influence the member. j. No Council member shall privately lobby any member outside of the meetings in an attempt to influence his or her individual vote. k. Any Council member who has testified on his or her own behalf or as a witness before a board, committee or commission on any administrative action which then comes to Council is disqualified from participating as a Council member on the matter only if there is a legal conflict of interest. 2. Confidentiality of Information Shared in Executive Session a. Council members shall keep all matters discussed in executive session confidential. b. Any Council member who shares any part or portion of the discussions, discourse, presentations or information heard or presented during an executive session shall be deemed to have violated the Codes. 3. Individual Members of Council Members Of COunC1l Providing Direction or Instruction to the C1 Manager Instruction to the Ci Mana eg_ r or Staff a. Only the City Council, acting as a body, is permitted to provide direction and instruction to the City Manager, City Secretary, City Attorney or the City Judge (or Judges) regarding any matter confronting the City, whether policy - related or otherwise. b. No member of Council (specifically including the Mayor, the Mayor Pro -Tem and the individual Council members) shall, at any time, give individual instruction to, attempt to define policy for, or make any demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff. c. No member of Council shall attempt to influence the City Manager, City Secretary, City Attorney, City Judge (or Judges) or any member of staff to circumvent City rules, policies or ordinances. Page 4 ITY 12-09-14 Final d. Any member of Council may, of course, at any time, make requests of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff for information, assistance, or other help as may be necessary, so long as no orders, threats, promises, intimidations, or ultimatums, explicit or implicit, are issued. e. The single exception to this rule is that in times of emergency lawfully declared by the Mayor, the Mayor may act independently as to matters of urgent need until a meeting of the Council, in quorum, can be called. £ Any member of Council giving individual instruction or making a demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff, with the exception of times of emergency lawfully declared by the Mayor, during which time the Mayor may act independently until a meeting of the Council, in quorum, can be called, shall be deemed to have violated the Codes. Violations 1. Violation of the Code of Ethics a. Council members are expected to abide by the Codes at all times. b. Any Council member not adhering to the Codes shall be in violation of said Codes. 2. Violations of Provisions of the City Charter a. Council members are expected to abide by the articles set forth in the City Charter. b. Any Council member who acts in violation of or in a manner inconsistent with the provisions of the City Charter shall be deemed to have violated the Codes. Page 5 o`` a 44 / \ \ 4C��+hOt4ciY.0 12 -09 -14 Final 3. Violations of Law or Policy by Council Members Depending on the circumstances of alleged violations of law or policy, the Council may initiate an investigation of the allegations prior to the filing of a request for any of the actions described in this policy. Nothing in this policy shall preclude individual Council members from making public statements regarding such alleged conduct. In deciding whether or not to open an investigation (whether pursuant to these rules or pursuant to Article 1V, Section 4.10 of the City Charter), City Council should consider: a. whether a Council investigation may compromise other investigations regarding the same alleged actions, and, if the actions may result in criminal charges, whether the right of the accused Council member to a fair jury trial may be compromised by proceeding with an investigation; b. if persons involved in the allegations may choose to exercise their constitutional right against self - incrimination, which may limit the investigation's ability to present a full picture of alleged events; and c. how to ensure the protection of rights of those accused of violations of law or policy, those making such accusations, and those who have information regarding the accusations. At any point during any of the processes described in this policy, the Council may refer the matter, as appropriate, to the Bexar, Comal or Guadalupe County District Attorney, the Texas Elections Commission, or to another law enforcement agency, for investigation. Following such a referral, the Council may proceed with any actions it chooses to take under the provisions of the City Charter. Reporting Violations Any suspected violation or alleged violation by a Council member must be reported to the Mayor. Any suspected violation or alleged violation by the Mayor shall be reported to the Mayor Pro -Tem and the City Attorney. In the case of a City staff member making the report regarding a Council member, the report shall be made to the City Manager, who will then report it to the Mayor. Upon report, the City Manager and City Attorney will assist the Mayor (or the Mayor Pro-Tern regarding a report concerning the Mayor) in following the procedures addressing violations or alleged violations. Page 6 l; GITy pk �nnic.cr¢,o 12-09-14 Final Procedure for Conducting Inquiries The role of leading an inquiry of any Council member for any violation or alleged violation of this policy lies with the Mayor, Mayor Pro -Tem, and, if approved by Council, an independent attorney or investigator. If the Mayor is the subject of an inquiry, the Mayor Pro -Tem, or the next ranking official by seniority and, if approved by Council, an independent attorney or investigator will lead the inquiry. The City Attorney shall not conduct the investigation of any Council member. All Council members who are not the subject of an inquiry have a right to participate in the inquiry process regarding violations or alleged violations and their subsequent enforcement. Any member of the Council who is the subject of an inquiry shall have the ability to provide a written statement responding to the findings of the inquiry. Enforcement of Violations The members of City Council have the obligation to govern themselves responsibly in the enforcement of any violation of this policy. The objective for establishing rules of enforcement pertaining to this policy is to provide fair, consistent, concise, and efficient guidelines for the use of enforcement against violations of this policy. As a general matter, enforcement of this policy may be progressive, but circumstances may indicate that strong actions be taken immediately. Furthermore, Council is not bound to the enforcement guidelines of this policy, and should make decisions on a case -by -case basis. City Council, as a collective body, may change the order of the disciplinary steps listed below, or may choose not to use any step, depending on the circumstances under review. City Council members may take any appropriate disciplinary action including, but not limited to: • Cautioning • Cautioning is identified as a verbal reprimand due to a violation of the policy. The cautioning is only a verbal reprimand and shall not be recorded. • A cautioning shall only be administered in private by the Mayor with only one (1) member of Council present. If the Mayor is receiving the cautioning, it shall be administered in private by the Mayor Pro -Tem with only one (1) member of Council present. • Correction o Correction is identified as a verbal reprimand due to multiple policy violations. Page 7 y CITY of i 12 -09 -14 Final The correction of any Council member, including the Mayor, will not be administered in writing and shall be conducted in accordance with the Open Meetings Act. • A quorum of Council plus one (1), including the corrected Council member, shall be present during the correction of another Council member. • The City Attorney shall be notified of the correction before the correction is administered and the City Attorney shall be present during the administration of the correction. • Censure • The act of placing a Council member under censure is an official and public reprimand of a City Council member by the body of the City Council for multiple and /or serious infractions against the City Council Code of Ethics. Therefore, City Council Members who are placed under censure are considered to be `not in good standing' with the body of the Council. • The censure of any Council member, including the Mayor, shall be administered in writing. • Censure may last up to sixty (60) days or as appropriately defined by City Council on a case by case basis. • At the end of the censure period, the censure has expired and shall not be extended. • A Council member placed under censure may return to a good standing status once their censure period has ended. • The body of the City Council may determine to end the censure period of a Council member prior to the conclusion of said period at their discretion. • All censure hearings shall be conducted in accordance with the Open Meetings Act. • Because censures are administered in writing, a censure must be publicly voted on in open session of City Council. The censure of any Council member must be passed by a 2/3 supermajority vote. Page 8 CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these "Rules ") are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well -being of the community. There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act. As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: • Address the merits of the issues no personal attacks • Focus on representing the interests of all citizens. • Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. 0 Assume positive intentions — don't look for hidden agendas. • Observe the City's written Rules of Conduct and Procedure. 0 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. 0 Understand that "majority rules ". Once a vote is taken, if you were in the minority agree to disagree and move on. Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. • Coordinate all requests of the City staff through the City Manager. 10 -28 -2014 TABLE OF CONTENTS 5.1 Appointment Procedure for the Mayor ProTeom --------------------- ] 5.2 Appointment Procedure for a Councilmember ----------------------4 /o28-20w i Page ARTICLE l. AUTHORITY 1.1 City Charter ........................................................................................................................ l 1.2 Effective Date; Amendment .............................................................................................. l ARTICLE 2. GENERAL RULES 2.1 Meetings tobe Public ......................................................................................................... l 2.2 Quorum ------------------------------------------ l 2.3 Minutes of Meetings .......................................................................................................... i 2.4 Questions t0 Contain One Snbjeot----------------------------. l 2.5 Right 10 the Floor ............................................................................................................... l 2.6 (3tv Manager --------------------------------------- l 2.7 City Attorney ---------------------------------------2 2.8 (ltv Secretary --------------------------------------..2 2.9 Officers and Employees ---------------------------------..2 2]0 Rules of Order .................................................................................................................... 2 2.11 Suspension of Rules ........................................................................................................... 2 2.12 Amendment to l{olem-----------------------------------. 2 2.13 Matters Not Addressed hw 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 ................................................................................................................................. ] 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 ProTeom --------------------- ] 5.2 Appointment Procedure for a Councilmember ----------------------4 /o28-20w i 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 10 ARTICLE 8 To Postpone or Extend ...................................................................... ............................... 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. 9.1 Motions ............................................................................................... ............................... 8 9.2 Debate ................................................................................................. ............................... 8 9.3 Motion Procedures .............................................................................. ............................... 8 9.4 Point of Privilege ................................................................................ ............................... 9 9.5 Point of Procedure or Order ................................................................ ............................... 9 9.6 To Appeal a Ruling ............................................................................. ............................... 9 9.7 To Recess ................................................................................... ............................... 9&10 9.8 To Withdraw ..................................................................................... ............................... 10 9.9 To Postpone or Extend ...................................................................... ............................... 10 9.10 To Refer ............................................................................................ ............................... 10 9.11 To Amend ......................................................................................... ............................... 10 9.12 To Limit or Close Debate or "Call the Question" ............................. ............................... 10 9.13 To Count the Vote ............................................................................. ............................... 11 9.14 To Take Action or Reconsider an Action; Main Motions ................ ............................... 11 10 -28 -2014 ii TABLE OF CONTENTS (continued) Page 9.15 To take action or Rescind motion ..................................................... ............................... 11 9.16 To Take Action; Main Motions ........................................................ ............................... 11 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning ............................................................................................... .............................12 10.2 Removal .............................................................................................. .............................12 10.3 Resisting Removal ............................................................................ ............................... 12 10.4 Motions to Enforce ........................................................................... ............................... 12 10.5 Adjournment ..................................................................................... ............................... 12 ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ........................................................................ ............................... 12 11.2 Special Committees ................................................................. ............................... 12 & 13 ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council ..................................................................... ............................... 13 12.2 Manner of Addressing the Council — Time Limit ............................. ............................... 13 12.3 Personal and Slanderous Remarks .................................................... ............................... 13 12.4 Public Hearings ................................................................................. ............................... 13 12.5 Written Communications .................................................................. ............................... 13 12.6 Hearing of Residents ......................................................................... ............................... 1.4 ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information ............................................... ............................... 14 13.2 City Manager's Responses to Requests ............................................ ............................... 1.4 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 ....................................................... ............................... 1.5 10 -28 -2014 iii ARTICLE 1. AUTHORITY 1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules are adopted. In the event of a conflict between these Rules and the Charter, the Charter shall govern over these Rules. In the event of a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public. All meetings of the Council and all meetings of committees composed of a quorum of the Council shall be open to the public as provided by State law, except when State law allows closed or executive sessions for certain limited topics. 2.2 Quoru m. Three members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. 2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Secretary and shall constitute the official record of the Council. Such minutes, after being approved by the Council (except any closed or executive session portion), shall be open to public inspection. The City Secretary shall provide an index showing the action of the Council in regard to all matters before to it at both regular and special meetings. A recording or "certified agenda" of each closed or executive session shall be made and maintained as required by State law. 2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff desiring to speak shall be recognized by the Mayor (or the presiding officer in the Mayor's absence) at an appropriate time, and shall confine his/her remarks to the subject under consideration or to be considered. 2.6 Cite. The City Manager or the Acting City Manager shall attend all meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. The City Manager shall be notified of all special meetings of the Council. 10 -28 -2014 1 2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, and shall, upon request of the Council or the City Manager, give an opinion, either written or oral, on questions of law. 2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings of the Council, unless excused, and shall keep the official minutes. 2.9 Officers and Employ. Any officer or employee of the City, when requested by the City Manager, shall attend meetings of the Council. If requested to do so by the City Manager, they shall present information relating to matters before the Council. 2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council. 2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State law may be temporarily suspended by a majority vote of the Councilmembers who are present. The vote of each person on any such suspension shall be entered in the minutes. 2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings not addressed by these Rules, the Charter, or State law shall be determined by the Mayor (or the presiding officer in the Mayor's absence). ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part 11, Section 2 -2. The Council may also hold regularly scheduled meetings which may be designated by the Council as "workshop" sessions. 3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or any three (3) members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, except that announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, hour, and place of the special meeting and shall identify the subject or subjects to be considered. 3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember's departure from the Council chamber. See Sections 9.3 and 9.4. 3.5 Executive Sessions. Executive or closed sessions may only be held in accordance with State law. 10 -28 -2014 2 3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency meeting may be called as a special meeting as set forth in Section 3.2, however, an emergency meeting may not be held unless authorized by, and notice is given in accordance, with State law. ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the Mayor and the Mayor Pro -Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro -Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members' motives, and confine Councilmembers in debate to the question under discussion. 4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege, points of procedure or order, and withdrawals of motions, subject to the right of any member to appeal to the Council as set forth in Article 9 of these Rules. See Sections 9.3, 9.4, 9.5, 9.6, and 9.8. 4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken on all votes. 4.6 Substitution of 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 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Council will discuss, and with a majority vote, appoint the Councilmember to serve as the Mayor Pro Tem for the City. (b) The appointed Mayor Pro Tem must be a Councilmember and must meet the qualifications of Section 4.02 of the City Charter. In addition, to be appointed to the position of Mayor Pro Tem, a Councilmember must be an elected member of Council. 10 -28-2014 3 (c) Term dates for the Mayor Pro Tem position will begin in February and August of each year (the election dates offset by three (3) months). Terms will sequentially rotate according to Councilmember place. (d) If the Councilmember place that is up for appointment as Mayor Pro Tem is vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro Tem, the Mayor Pro Tem appointment will go to the next qualified Councilmember. (e) The position will have a term of office of six (6) months. (f) The appointed Mayor Pro Tem may be removed by Council by a two- thirds (2/3) majority vote of the members of Council at any time during his or her term. (g) Council reserves the right to alter this procedure at any time by resolution or rule. 5.2 Appointment Procedure for a Councilmember. (a) The Council may appoint a Councilmember to a vacant seat as authorized by Section 4.06 of the City Charter. (b) The Council will announce and advertise on the City's website and in the City's newspaper of record that applications are being accepted for a vacant position on Council. (c) A due date for applications to be submitted will be set. (d) Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of the City Charter. (e) Applications will be received by the City Secretary's office and distributed to all Councilmembers. (f) An interview date will be set and posted for a public meeting. (g) Interviews of prospective candidates will be held in a public forum by a quorum of Councilmembers. (h) Councilmembers will discuss, and appoint by majority vote, the new member of Council at either the same meeting as the interviews or at a subsequent Council meeting. (i) The Council is the final judge of whether a candidate is qualified to serve as a Councilmember as set forth in Section 4.03 of the City Charter. (j) Council reserves the right to alter this procedure at any time by resolution or rule. 10 -28 -2014 4 ARTICLE 6. ORDER OF BUSINESS 6.1 Agenda. The City Manager and the City Secretary shall prepare an agenda for each meeting of the Council. Items may be placed on the agenda by the City Manager (or in his absence any Assistant City Manager), the Mayor, or any Councilmember, except that a Councilmember directing that an item or items be placed on an agenda must do so in open session, during a properly posted meeting of the Council. Items placed on the agenda by the City Manager (or in his absence any Assistant City Manager) may be removed only by the City Manager (or any Assistant City Manager) and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on an agenda by the Mayor may be removed only by the Mayor, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on the agenda by a Councilmember may be removed only by that specific Councilmember, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. (a) Information Required. Any item to be on the agenda must be provided to the City Manager pursuant to a procedure established and modified by the City Manager from time to time. Each item on the agenda must contain sufficient information so that full disclosure of the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish the Mayor and each Councilmember a copy of the agenda, including the proposed ordinances, resolutions, petitions, notices, or other materials as required. Copies of attachments and background material will generally be provided for the initial presentation only and should be retained by the Mayor and the Councilmembers until such time as the item is finalized. (d) Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. (e) Order; Exception. The ordinances, resolutions, and other proposed actions shall be taken up and disposed of by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. 6.2 Communication to Mayor and Council. The City Manager shall provide the Council with a copy of each ordinance or resolution and appropriate analysis of items proposed to be acted upon by the Council at a meeting. These communications shall be delivered to the 10 -28 -2014 5 Mayor and Councilmembers along with the agenda. This information should also be retained by the Mayor and Councilmembers until such time as the item is finalized. Staff members, in making presentations to Council at a meeting of the Council, should endeavor to restrict their presentations to five (5) minutes, excluding responses to questions by the Mayor and/or Councilmembers. 6.3 Approval of Minutes. Minutes may be approved without public reading if the City Secretary has previously furnished the Mayor and each Councilmember with a copy thereof. 6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor and each Councilmember may bring before the Council any business that person believes should be brought up during the "Requests by Mayor and Councilmembers" and "Announcements by Mayor and Councilmembers" portions of the agenda. These matters need not be specifically listed on the agenda unless the person desiring to make a comment knows prior to posting of the agenda that he /she will make such comment. In response to an unposted comment, there (1) may only be a statement of factual information in response, (2) a recitation of existing City policy, or (3) discussion regarding a proposal to place the subject on the agenda for a subsequent meeting. 6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant City Manager) with respect to items believed to be non - controversial, the City Secretary shall place multiple items on a "Consent Agenda" portion of the agenda, subject to the right of the Mayor or any Councilmember to request at the meeting that any one or more of such items be removed from the Consent Agenda for individual consideration. First readings of ordinances shall in all events be posted for individual consideration and shall not be included on the Consent Agenda. ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be presented to the Council only in printed, typewritten, or electronic form. 7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City Manager or his designee. 7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form and legal content by the City Attorney, when requested by the Mayor or the City Manager. 7.4 Funding. All actions authorizing an expenditure of money shall include the exact source of the funds to be expended. 7.5 Reading of Caption Only. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6 Ordinances —Two Readings; Emergencies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that 10 -28-2014 6 immediate action may be taken upon an emergency as determined by the Council in accordance the Charter or State law. 7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all ordinances and resolutions and shall be entered in the minutes of the Council. 7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise required by these Rules, the Charter, or State law, shall require the affirmative vote of three (3) Councilmembers who are present and eligible to vote. 7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as presiding officer shall not be restricted to voting only in the event of a tie. 7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance on second reading or on a single reading as an emergency, the City Secretary shall assign a number to each ordinance or resolution within the records of the City. 7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and it shall be filed and thereafter preserved in the office of the City Secretary. ARTICLE 8. RULES OF DECORUM 8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the Council without first being recognized by the presiding officer. 8.2 Order. While the Council is in session, the Councilmembers must preserve the order and decorum of the meeting, and a Councilmember shall neither, by statement or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any other Councilmember while speaking or refuse to obey the orders of the presiding officer. Councilmembers are expected to remain on the dais during a Council meeting unless they have good cause to vacate. 8.3 Presiding Officer. The Mayor or the Mayor Pro -Tem or such other member of the Council who is serving as the presiding officer may participate in debate, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of such Councilmember acting as the presiding officer. If the presiding officer is engaged in debate and is, at the insistence of three (3) Council members, abusing the position of the presiding officer, the presiding officer must relinquish the chair to the Mayor Pro -Tem, or in his /her absence, to the next most senior Councilmember (by time of service on the Council) present. The Mayor Pro -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. 10 -28 -2014 7 8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to Section 2.5 or 8.5, he /she shall avoid all references to personalities and indecorous language. 8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor or another Councilmember when speaking unless it is to raise a point of privilege (Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to withdraw a previously - stated motion (Section 9.8), or as otherwise provided in these Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the Councilmember so interrupted should cease speaking until the question is determined. ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions. A Councilmember, after he /she obtains the floor, or the Mayor may make a motion on the particular subject of discussion or a procedural point as permitted. A "Second" to the motion, if required, must be made by a Councilmember who did not make the motion within a reasonable but brief time period. The Mayor may not "Second" a motion. A motion or a "Second" merely implies that the maker of the motion and the person who "Seconds" agree that the motion should come before the meeting and not that he /she necessarily favors the motion. Without a "Second ", if required, the motion dies. 9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions(1 type) *. When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Motion May Interrupt Speaker Second Required Debatable Amendable Resolved by Chair No Vote Affirmative Vote by 3 Council- members 2/3 Vote A. Meeting Conduct Motions 1. point of privilege yes no no no yes no no 2. point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no B. Disposition Motions 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 10 -28 -2014 8 8. to amend no yes yes yes no yes no 9. to limit or close debate or "call the question" no yes yes yes no no yes 10. to extend debate no yes yes yes no yes no 11. to count the vote no yes no no nog no no C. Main Motions 12. to reconsider yes yes if original motion was debatable no no yes no 13. to rescind no yes yes yes no no yes 14. to take action no yes yes yes no Yes * ** no 9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Councilmember to the presiding officer, drawing urgent attention to a need for personal accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Councilmember(s). In essence, it is a call to the presiding officer for the purpose of assuring a Councilmember's convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. 9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer's ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of three (3) Councilmembers is required. 9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. Mandatory if seconded; no vote required 10 -28 -2014 9 Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of three (3) Councilmembers is required. 9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his /her proposal. This is the maker's privilege; thus, it does not require a second. Because the withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Councilmember later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand—or a new issue. 9.9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Council to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of three (3) Councilmembers is required. 9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section 9.14). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of three (3) Councilmembers is required. 9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a second, and it is debatable and amendable. An affirmative vote of three (3) Councilmembers is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 9.12 To Limit or Close Debate or "Call the Question ". Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer's determination. A motion to close debate is the same as a motion to "call the question ". Because this motion affects the most fundamental right of any Councilmember, the right to speak one's views, it is the only procedural motion that requires an affirmative vote of two - thirds of participants voting. 10 -28-2014 10 9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It represents the right of a Councilmember to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result —and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 9.14 Motion to Reconsider. Allows a main motion to be brought back before the City Council for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. 9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered and it requires a two - thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 9.16 To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed o£ It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of three (3) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. 10 -28-2014 11 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning. All persons other than a recognized speaker shall, at the request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer may order the person to leave the meeting. The Chief of Police, or such member or members of the Police Department or other persons as the presiding officer may designate, shall be sergeant -at- arms of the Council meetings. If the person so requested does not leave the meeting, the presiding officer may order the sergeant -at -arms to remove such person. 10.2 Removal. Any designated sergeant -at -arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant -at -arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council (or successor provision of law). 10.3 Resisting Removal. Any person who resists removal by the sergeant -at -arms shall be charged with violating Section 42.05 (a) of the Texas Penal Code. 10.4 Motions to Enforce. Any Council member may move to require the presiding officer to enforce these Rules and the affirmative vote of a majority of the Councilmembers present and eligible to vote shall require the presiding officer to do so. 10.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of the individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular or a special meeting or, subject to State law, may be recessed to a set time and date. ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees. The Council may create committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the Charter, the Code of Ordinances, or State law. Membership and selection of members shall be as determined by the Council if not specified by the Charter, the Code of Ordinances, or State law. No person may concurrently serve on more than one Board unless, by virtue of his /her position on the Council, he /she also holds a position on another Board. Persons related within the second degree by affinity or consanguinity to the Mayor or any member of the Council shall not be eligible to serve on a standing committee. No standing committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter, the Code of Ordinances, or State law. 11.2 Special Committees. The Council may, as the need arises, authorize the appointment of "ad hoc" Council committees. Except where otherwise specifically provided by the Charter, the Mayor and the City Council shall appoint the members of the special. committees. Any committee so created shall be given a "mission statement" directing its 10 -28 -2014 12 activities. Any special committee shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Councilmembers present and entitled to vote. ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council shall speak at the podium into the microphone (or at another designated location), shall give his /her name and address in an audible tone of voice for the record, and, unless further time is granted by the Council, shall, subject to Section 12.4 below, limit his /her remarks to three (3) minutes or less. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 1.0 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 12.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 12.2 above) interested persons may speak, subject to the Councilmembers' right to appeal the presiding officer's ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. 10 -28-2014 13 12.6 Hearing of Residents. There shall be included on the agenda of each City Council meeting an item labeled "Hearing of Residents ". After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Council on items on or not on the agenda at that time, providing they have completed the "Hearing of Residents" form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Council prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for "Hearing of Residents" must speak during the "Hearing of Residents" portion of the meeting. Councilmembers and members of City staff may not discuss unposted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section 12.2, unless otherwise authorized by the presiding officer. ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information. The City Manager is directly responsible for providing information to all the Councilmembers concerning any inquiries by a specific Councilmember. If the City Manager or his staff's time is being dominated or misdirected by a Councilmember, it is his responsibility to inform the Mayor or the Council as a whole. 13.2 City Manager's Responses to Requests. The City Manager is expected to respond in a timely manner to the Council and Councilmember's requests. When information is requested, the City Manager will estimate a reasonable time frame for collecting the requested information. (a) If the City Manager disagrees with the request, he should say so and explain his position. (b) If the City Manager disagrees with individual directives, he should initiate clarification of the Council's will with regard to the individual Councilmember's request. (c) The City Manager may delegate responsibility for the response as necessary and appropriate, but the City Manager will be responsible for its receipt by the Council in a timely manner. (d) The City Manager should maintain a checklist and timetable for requests and other directives of the Council. (e) All Councilmembers will be provided the same written information when any matter under consideration may be of general concern to the Council. There will be no preferential dissemination of information by the City Manager or his staff. 10 -28-2014 14 13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a consensus of the Councilmembers present will be required to direct the City Manager to take any action. 13.4 City Manager's Duty to Inform. The City Manager is responsible for keeping the Council informed. The Council should be provided weekly reports outlining progress on outstanding issues as well as information on new issues and opportunities. Additionally, the Council should be informed of City news prior to release of such information to the community, newspaper(s), or other governmental entities, etc. 13.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures for handling customer concerns in all departments with prompt feedback to citizens and Councilmembers. 13.6 City Manager /Council Relations. The City Manager should strive to maintain positive relations with the Council by following these guidelines: (a) Work to establish mutual trust with the Council. (b) Maintain open lines of communication with the Council and keep Council informed. (c) Inform all Councilmembers of educational opportunities, recognizing that an educated Council is in the City's best interest. (d) Include the Council in City- sponsored employee social events. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. Amended: November 12, 2014 10 -28 -2014 15 CITY COUNCIL MEMORANDUM City Council Meeting: July 07, 2015 Department: Subject: City Secretary Minutes Agenda No. 1 The City Council held a Special Workshop Meeting on June 19, 2015 and a Regular meeting on June 23, 2015. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Special Workshop Meeting on June 19, 2015and the Regular meeting of June 23, 2015. ATTACHMENTS Minutes -- Special Workshop Meeting June 19, 2015 Minutes -- Regular meeting June 23, 2015. MINUTES SPECIAL WORKSHOP MEETING June, 19 2015 A Special Mid - Budget Retreat Workshop meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 19, 2015, at 9:00 a.m., at the GVEC Western Operation Center Meeting Room, Seguin, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Jim Fowler Councilmember Robin. Thompson Staff Present: Deputy City Manager John Bierschwale Executive Director Dudley Wait City Secretary Brenda Dennis IT Director Myles Clauser Councilmember Grumpy Azzoz was absent. Guests Mr. Robert Brockman, 1.000 Elbe] Road. Call to Order (General Mayor Carpenter indicated that a quo rum was not the meeting to order. therefore at this time he did not call Discussion and direction regarding mid - budget preparation, including but not limited to the Classification and Compensation Study, Employee Engagement Survey, Facilities Master Plan, Charter Review Commission recommendations and Bond Committee recommendations, as well as key growth and service pro vision indicators such as population growth, tax base development, staffing levels and structure, and how to apply the information to assist in appropriate priority based decision making. (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who provided information on the topics listed below. Mayor and Council present discussed these topics. 06 -1.9 -2015 Minutes Page -1- Budget Priorities for FY 2016 From the March 6, 2015 . Pre Budget Retreat, City Council set the following priorities for the FY 2016 Budget: Focused operation priorities: I. Class & Comp Study funding and plan 2. Strategic staffing levels 3. Complete existing work program before Limited bond election: 1. Fire Station #3 2. FM Road Matching Funds 3. Intersection /Turn Lane Im The Bond Committee has refined the Study has preliminary information de June 2015 Council Additionally, at the March 6, 2,015 four topics in June: 1. Charter Commission — 19 3. 4. to and the projects & Comp Council agreed to cover commendation and receive direction to November 3, 2015. Discussion regarding Bord Committee recommendations: Publid Safety Building (Fire Station #3) - $8 Million • FM R044 ay Matching Funds (FM 1103 & FM 1518) — $7 • Park and Recreation Land Acquisition - $1 Million Discussion regarding CO and Tax Note Project List Process (subject to capacity limits which will be more refined during annual budget process) • Roadways • Facilities • Equipment Receive direction to prepare to call Bond Election (November 3, 2015) Discussions were held in depth regarding the Park and Recreation Land Acquisition. Class & Comp Study Facilities Master Plan 06 -1.9 -2015 Minutes Page - 2 - This is because we may need to adjust our "pre- budget" direction as we consider the preliminary Class /Comp Study findings. Additionally, Council and Staff will need to prepare in July to call an election the first week of August (Bonds and Charter). Key decisions can't be left to chance In a dynamic city with an ever increasing population, forward looking decisions require: 1. Extra care to achieve an aligned 2. More purposeful processes and ; 3. Greater understanding of future 4. Sustained forward progress Call to Order Councilmember Daryl John arrived at 9:46 a.m. and as a quorum was now present. Mayor and Council continued discusi Department Class and Class and the fo rowth Statement Plan Steps Discussion Discussion strategic and called the meeting to order topics: at 3:00 p.m. and continued discussion regarding the following: Class add Comp Philosophy Development Class and Comp Philosophy Statement Class and Comp Draft Implementation Plan Class and Comp First Steps Discussion Facilities Master Plan Discussion Charter Amendments —19 Propositions Bond Propositions — 3 Bond Measures 06 -19 -2015 Minutes Page - 3 - Mayor /Council and staff discussed in great length and agreed to bring forward all 19 Charter Propositions to the November ballot as well as bring two (2) Bond Proposals which included: Public Safety Building (Fire Station #3) - $8 million FM Roadway Matching Funds (FM 1.1.03 and FM 1518) - $7 million Total bond package $15 Million Mayor and Council discussed the Park and Recreation Land Acquisition and wished this item to be included in the CO considerations in a similar way as the Roadway projects so that it could be considered with all the projects we might need. Council agreed to bring forward on the neat agenda :a resolution adopting Philosophy and Policy Statements. Adiournment As there was no further business the meeting was adjourned at`:12 p.m. ter, Mayor Brenda Dennis, City 06 -1.9 -2015 Minutes Page - 4 - MINUTES REGULAR MEETING June 23, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 23, 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 Councilmember Jim Fowler Councilmember Daryl John Staff Present: Deputy City Manager John Bierschwale Executive Director Dudley Wait City Attorney Charles Zech Call to Order Mayor Pro -Tem Edwards Councilmember Grum-ov Azzoz City M, Executi Mayor Pro -Tem Edwards called the meeting to order at 6:01.m. Texas (Pastor Andy Hostetler, Discovery Pastor Hostetler provided the invocation the United States and the State of 'Texas. Mayor Carpenter arrived at 6:03 Carpenter lo) 1 James Secretary Donna Schmoekel of Allegiance to the Flags of Events (B. James/D. Wait /B. Cantu) Director Dudley Wait who provided the • Monday, :tune 29; Abel's Diner Ribbon Cutting, 8:00 a.m., 17327 IH 35 North.. • Friday, Julys 3rd, City Office Closed in Observance of Independence Day. • Friday & Saturday, July 3rd & 41h 40111 Anniversary Celebration of 4th of July Jubilee starting off at Pickrell Park. • Saturday, July 4th Schertz Idol Semi - Finals — 2:00 p.m. — Schertz Jubilee Celebration. • Monday, July 20th, Operation Comfort Fund Raiser, 11:00 a.m. to 3:00 p.m., Sponsored by Grumpy's Cafe, 18817 FM 2252, proceeds will benefit local charity. • Saturday, October 31, 2015 through Sunday, November 1, 2015, Joint Base Randolph San Antonio Open House and Air Show — 9:00 a.m. — 6:00 p.m., free admission and parking. • Announcements and recognitions by City Manager (J. Kessel) 6 -23 -2015 Minutes Page -1- Mayor Carpenter recognized City Manager John Kessel who congratulated the Communications /Public Affairs Team for recently receiving the TAMI Award for the Schertz Magazine. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: • Mrs. Clare Layton, 2231 Lost Meadows, who spoke about hand -held devices on the dais at City Council meetings. Workshop • Presentation and discussion regarding Street Project Mayor Carpenter recognized Storm Water Point presentation regarding street project answering questions from Council: 2005 - City Limits (square miles): 28.3, f 109.9. 2015- City Limits (square miles) miles) = 158.7. Moving Forward scope of work: ait/S. Willoughby) a Power ;hts and 2005 Streets (linear miles) _ i 37,500; 2015 Streets (linear project selection and 5; IO'and 30 year financial plans. J communication. A mation process. es informed by data and driven by input of • Pavement Condition Index (PCI) generated through Micropaver • Existing and Anticipated Traffic Volumes • Anticipations of private developer improvements • Accident data • Close proximity to other projects • Auxiliary construction (i.e. utilities, drainage, etc.) • Preventative Maintenance Value • Availability of Other Funding Sources Policy Guidelines: Factor Scorecard Distribution among areas of City Focus • Quality of Life 6 -23 -2015 Minutes Page - 2 - Allocation Economic Engine Core Services to Categories of Project Types Preventative Maintenance Reconstruction New Capacity Other Factors • Road types (Arterial, Collector, Local) • Council, Citizen, and Staff (knowledge and input) • Geographic distribution • Project Cost vs. Number of Projects Near Term Goals: Provide recommendations for C.O. Bond Cons • Simplified Factor Scorecard based on a • Intended to address some immediate ne Mr. Busch addressed questions from the update. Consent Agenda Items The followine was Council for the approval of the minutes of the nis) on and/or action approving a Resolution sovernment Corporation (SSLGC) Budget the Cathodic Protection Project. (D. Wait /J. ON NO. 15 -R -47 A RESOLUTION BY THE "CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SCHERT /SEGUIN LOCAL GOVERNMENT CORPORATION (SLGC) BUDGET AMENDMENT FOR FISCAL YEAR 2014- 15 IN 'SHE, AMOUNT OF $869,001 FOR THE CATHODIC PROTECTION PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH 3. Resolution No. 15 -R -49 — Consideration and /or action approving a Resolution supporting the Cibolo Valley Local Government Corporation project in Wilson County and its inclusion in the Texas Water Development Board's South Central Texas (Region L) Regional Water Planning Area's Regional Water Plan. (J. Bierschwale /J. Bierschwale) The following was read into record: RESOLUTION NO. 15 -R -49 6 -23 -2015 Minutes Page - 3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS SUPPORTING THE CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION PROJECT IN WILSON COUNTY AND ITS INCLUSION IN THE TEXAS WATER DEVELOPMENT BOARD'S SOUTH CENTRAL TEXAS (REGION L) REGONAL WATER PLANNING AREA'S REGIONAL WATER PLAN 4. Cancellation of June 30, 2015 City Council Meeting — Consideration and/or action cancelling the June 30, 2015 City Council meeting due to lack of agenda items. (B. Dennis/Council) Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Thompson to approve the consent agenda items I through 4. The vote was unanimous with Mayor Pro-Tem Edwards, � ,,ounciheimbers Fowler, Azzoz, John and Thompson voting for and no one voting, no. ,Motion passed. Discussion and Action Items 5. Resolution No. 15-R-45 — Consideration and/or action approving a Resolution authorizing purchases totaling no more than $75,,Q,00,',' with JRS Business Solutions for Dale Carnegie Training Classes for City Employees During the FY 2014/15 Fiscal Year and other matters in connection thetew—ith. (B. James/B." ,James) The following was read into record: UTION NO. 15- A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING `PURCHASES TOTALING NO MORE THAN $75,000 WITH JRS BUSINESS I SOLUTIONS'' FOR DALE CARNEGIE TRAINING CLASSES FOR CITY EMPLOYEES DURING THE 2014-15 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter reco , gnized Executive Director Brian James who introduced this item stating, one of the things that you know when approving the budget is that each department will have money for travel and training. They often use that money for their job specifie,"or department specific training such as the drainage department will attend specific training related to their jobs, the building code department will attend their specific job related training and so on. One of the things that we felt like we were lacking were general training of a more broad spectrum, and what we had was the IT Department took advantage of sending some of their staff through the Dale Carnegie training course. We worked with them and talked about what their internal customers were saying as well as what external customers were saying. We felt like what needed to change is maybe their way of looking at business and doing business as well as the way they dealt with other folks. They took it upon themselves to put their department through the course and I think everyone was impressed with what they came away with in terms of positive changes in behavior in that department. So when we continued to discuss the need for broader training, one of the first things was customer service. We have a lot of employees who interact with the public and to some folks this comes naturally and others 6-23-2015 Minutes Page - 4 - not so much. We started on our own bringing employees into the Dale Carnegie training starting with customer service and the other thing we did was performance management. As you know we changed our performance evaluations a couple of years ago, going to a new form which was on -line and we received very good feedback from the new system. From this, one of the things that stood out when we tested the new form initially, we had one department head that said that they never had training on doing performance evaluations. At this point we realized we needed to give the folks adequate training on this, and while we do this internally we felt we needed to bring someone from the outside to provide this training and this is when we turned to the Dale Carnegie folks. Mr. James introduced Lisa Wright with Dale Carnegie who was in the audience this evening and stated that she has been helping us with this. We worked. th Ms. Wright to tailor a training session specifically to our forms and system to fit foie City of Schertz. The last thing we had Dale Carnegie do was come in and,"" '' pro, e training on employee engagement, and as you know last week we provided information on our recent employee survey and there were some areas as you know we didn't do so o"11 on and we wanted specific training on the areas we wanted to, ;improve on. One area had to do with supervisors making their employees feel muc' h more engaged in then jobs ,and Dale Carnegie brought us in to provide this training. Council will find in their information the number of employees who attended these training, sessions. They will customize the size of the training there being training for smaller and larger groups. We have been very pleased with this training and what we wanted to do is, not lose sight of the training given the things we have going on. W are coming tonight - to Council for approval of a resolution that allows the City Manager ttr enter into this contract to spend up to $75,000 this year on a series of training classes with Dale Carnegie: We have provided a list of what we have going forward: World Class Service (phase,2 of Attitudesfor Service) - 2 rounds. This course will be a 4- week course, 4 sours per week (one day) for up to 30 staff per session. Performance Apprai ales,- 2 rounds. These sessions will be 3 hours each for up to 20 ip Communication - rounds. These sessions will be 3 hours for up to 20 staff Pain Fr , Perform an e Management - 2 rounds. These sessions will be 4 hours over 2 weeks for pp to 20 staff per session. The approximate `cost for these classes will be $60,600.00. Staff recommends that Council authorize expenditures of up to $75,000 with JRS Business Solutions during the remainder of the 2014 -15 Fiscal Year for Dale Carnegie employee training classes. Mayor Carpenter recognized Councilmember Thompson who stated that he appreciates that the City wants to better its employees and also appreciates the fact that when we have a local business that we are able to utilize them. Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked what employees are included in this scope. Mr. James stated that we have front line staff, supervisors and others; there is a variety of personnel involved in the different training sessions. The idea 6 -23 -2015 Minutes Page - 5 - is to include as many staff members as possible. Mayor Pro -Tern Edwards asked would everyone have the opportunity to be involved. Mr. James indicated yes our goal is to have as many people attend the various training sessions as possible. Mayor Carpenter recognized Councilmember Azzoz who stated that employee areas of concern are always pay and internal communications and he would like to know where we are going with this. Mr. James stated we want fairness; this is not a study, we haven't given folks a lot of training. We want to give employees tools and skill sets that will equal expectations as to what we are doing different. This will hold folks accountable. Mr. James stated that he is happy to have any member of Council also attend one of the sessions and that he will provide information to them going forward. Councilmembers discussed the need to have staff provide a progress report s well as a report of classes conducted and attended. Mr. James stated that he wants to give credit to 'Tammy Lawrence with the IT Department who will be the one to provide thin report and will be the'iot e doing the bulk of the work. CE NO. 15 -F -1.7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,: REPEALING AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY` , OF SHERTZ AND ADOPTING A NEW ORDINANCE WITH UPDATED PROVISIONS REGARDING THE COLLECTION AND DISPOSITION OF SOLID WASTE AND RECYCLABLE MATERIAL IN THE CITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE Mayor Carpenter recognized Executive Director Dudley Wait who introduced this item stating he is here this evening presenting as Mr. Hooks had taken ill this evening. Mr. Wait stated we are here to talk about agenda item 6 and that item 7 is directly related to it. He stated that at the end of 2014 staff was contacted by our current Franchisee Bexar Waste, and Mr. Henry Gutierrez and Mr. George Gutierrez are here in the audience this 6 -23 -2015 Minutes Page - 6 - evening. They contacted us to explore the option of doing a couple of things. One was making the franchise for our solid waste services an exclusive franchise and extending that term out to a ten (10) year term at a time. Currently we are in a six (6) year term and are in the second year of that term. Mr. Wait stated that this letter came to us and may have come to Councilmembers as well. Staff started looking into this and took the opportunity to make some substantial changes. Over the last 20 years or so our solid waste ordinance and franchise ordinance have been the same document. This had caused us issues when either one had public health related issues due to not being responsible with solid waste or having a non - franchisee provide solid waste services. Because it was all rolled into one bundle it made it very difficult for the Municipal Judge to determine which section applied to citizens or which section applied to anon- authorized solid waste hauler, and which applied to our franchisee hauler, because we tried to put everything in one document. Staff has worked since early this year to craft agenda item 6 which is a solid waste ordinance. It is a stand -alone item on its own acid establishes guidelines, policies and procedures for the City to address public health issues that come up with solid waste as well as to clearly outline our process as to who is anti mho is not allowed to deal with solid waste within the City limits:of Schertz. This ordinance does point back to a Franchise Ordinance which will be out next agenda item but there is one exclusion in this ordinance that would not deal with the Franchise" of normal solid waste and that would be for some of our industrial partners who Iona, have a large volume of recyclable material and they may want to go out and get their" recyclable hauler to bring that material to wherever they are going to dispose of it. W do have a caveat in our solid waste ordinance for that one particular item. However, ,those haulers have to be individually permitted by the City through permit fees with their vehicles and licenses and be checked out much like we would our franchise provider. This opens this up to work with our industrial park that has tremendously large volumes of recyclables. Staff recoi Ordinance The updated Carpenter our resid Mayor Carl use another City of Sebertz on the innce outlines the re Franchisee is Bexar 15 -F -17 establishing a new Solid Waste irement of the use of the City's Solid Waste to and is recommended for approval in its own ouncilmember Thompson who asked what impact it would it indicated there would be no impact on them. �gnized Councilmember Fowler who asked if this means they can't outside of Bexar Waste. Mr. Wait indicated that was correct. Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked if we should have a disaster, would there be enough containers. Mr. Bierschwale stated that Bexar Waste could contract out for additional containers should they not have enough; he indicated that this was done during the 1998 floods. Mayor Carpenter recognized Councilmember John who stated there are a lot of manufacturers in Schertz that produce large volumes of cardboard and steel; are we suggesting that they would have to get a separate permit for those companies individually. Mr. Wait answered this will enable those companies who want to use someone other than the Franchisee (maybe they are part of a national chain or they may 6 -23 -2015 Minutes Page - 7 - have a state wide contract and would like to use that contractor) and there is a mechanism for them to dispose of those recyclables exactly the same way and that the non - franchisee recycle hauler would have to come in and go through the permit process and pay the city fees in order to provide that service. Mr. Wait stated if a company is happy with the service being provided by Bexar Waste and wants to continue to use them, they can. Councilmember John stated sometimes they are specific, for instance the steel recycle companies. Bexar Waste doesn't have the ability to recycle steel in a plant but the plants provide the recycle containers to the manufacturer and pick it up whenever they're full and take it to the appropriate recycle plant. Do those haulers need a separate permit now? Mr. Wait indicated yes under this ordinance the total fee would be a permit fee and a $2,500 fee for the vehicle annually. We got this information from talking to some of our neighboring cities on how they set those types of fees. Councilmember John stated that the fee seems high just for recycling something. Mr. Bierschwale stated there is a reason the fees are set at this rate, and it is because those eotmpanies are not paying the franchise fee like Bexar Waste is; the franchise fee covers the cost of the road repairs for damage that garbage and recycle trucks cause on,'our city streets.`-,,,The $2,500 is a fraction of the cost of what those trucks could cause in road damage. Of course this is up to the Council to approve and we are only charging what our sister cities are charging all the other trucks in the area. Mr. Bierschwale stated that the City of San Antonio charges $2,500 for each truck that goes through their cityfbr;that weight charge that they don't collect in a franchise fee. He stated that at this time e� know of only a few companies that would take advantage of this and it is totally up to th i to decide. Mayor Carpenter recognized Councilmember Azzoz who stated so what we are saying is we are doing this because Bexar Waste cannot orar "we saying that should a company have a contract with another recycle company they' could utilize them, but that they would have to come in fora permit and pay the fees associated with the permit. Mr. Wait indicated ypsand, stated that this came up =from one of our manufacturers who had large volumes of recycle material and that is why 'they are addressing it in this ordinance. Councilmember Azzo asked: if Bear Waste is capable of doing this. Mr. Wait stated that Bear''Waste can Dandle most situations but some clients can do their own and so they have no control over-that. There are those very specialized situations with other recycle items that another haulcr:could handle but that he is sure that it would have to be profitable for a company to do this. Mr. Wait stated that we put this in the ordinance to show there is another, option for companies to use if you don't want to use our franchisee. Mr. Wait, stated that he has received this with Bexar Waste and Mr. Bierschwale stated that he did" run this ordinance by Henry Gutierrez and this would be a mechanism for those haulers who are now hauling without a franchise. This ordinance states that if you are going to be'in Schertz hauling you are going to pay the weight charge for those trucks coming through Schertz. Mayor Carpenter recognized Mr. Henry Gutierrez (owner of Bexar Waste) who stated there is not much that they cannot handle but there are a couple of accounts who are using an outside source or haul their own recyclables. There is not any type of service in the city that Bexar Waste can't serve. Mayor Carpenter recognized Councilmember Thompson who asked for those that haul and use their own trucks for recyclables and have their own contract what is the method of contacting them to let them know if this proposed ordinance passes. Mr. Bierschwale 6 -23 -2015 Minutes Page - 8 - stated we will end up going to those companies either by us or Bexar Waste informing them of the new ordinance that is in effect and they will have 30 days to comply, because we have to give them 30 days after approval of the ordinance. Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated during our economic development phase when we are courting a company to come into the city, is this topic being discussed with the company before they make a decision to come into the City. Mr. Bierschwale stated that this can be discussed with them and usually is. In a couple of cases after some companies have come into the City they realize that they didn't discuss it and that they don't like what the City of Schertz has to offer. I Mayor Pro -Tem Edwards asked if we have been going out policing the City to see "if :we' have those companies taking out these types of loads. Mr. Bierschwale stated that eve have issued warnings and usually they adhere to the warning and if not the Marshal's 'department would go out and issue a citation. As of today we have not issued one in the industrial area but we have issued citations in the past where they do a roll-off 'We have also I ad,companies sneak in their roll -offs. We normally catch these types; -of issues. Either Bexar Waste contacts us or our Marshal's office sees one of the haulers.. Mr. Wait stated that this is why the Council has :two ordinances before them this evening as we do have those cases and the Municipal Judges have been confused in the past as we only have had the single ordinance.. I This ordinance will help clarify those issues. Mayor Carpenter recognized Couneilmember. Azzoz who Mated that since Bexar Waste can handle these situations and he agrees' with Councilmember John that the fees are extremely high, why don't we leave Bexar Waste as the exclusive franchisee and if any other company appeal's and says they have their own contact then they have to obey our rules. If a company is hauling materials and Bexar Waste is not able to haul it then they would have 6 rite a sub contact with them. I He believes that with Bexar Waste doing this it will avoid headaches4n. us chasing people around for compliance. Mr. Wait stated that he can certainly tlk "to those who are interested in hauling recyclables and that this ordinance isti't going to come back to Council next week. It will come back to Council for final reading in 30 days$,,because when we come to the next related item it has to be published and out for 30 days before approval because it has to be publicized. We didn't want to bring this ordinance in at week two and pass it and then go through the 30 days of publicity, discover some issues that may make us want to change some language and have to start all over with the ordinance. We can take these 30 days and speak to Bexar Waste and examine it with our Economic Development folks and the folks that are out there and speak to them about using their own hauler and try to see if we can come up with some type of resolution where we can incorporate both pieces. Another reason we wanted to bring this ordinance to Council is that should Bexar Waste no longer be in business in 10 years and be our Franchisee, then again we are back to having to adjust that original ordinance and adjust the Franchise ordinance. Right now we are trying to set these up separately. Mayor Carpenter asked that the Council consider a couple of things. The removing of recyclables has the connotation and suggestion that we have the removal of something that has a residual value, it's a commodity, it's not just waste. This is a different kind business, it's immediately adjacent of waste hauling but it is a little different. The other thing is if we have within the business community folks that are regional or national 6 -23 -2015 Minutes Page - 9 - players who have a contract with a carrier and they've already spent that money, there may be some advantage to allowing them to have their commodities taken away even if it includes an additional fee of $2,500 rather than using our current Franchisee. These situations are relatively few and far between and he would asked Council to consider if this could have a deleterious effect on those existing businesses, and it could put them at a disadvantage because they already invested into having a relationship with someone else at a regional or national level. This is not a wide spread thing throughout the City but one with an appropriate accommodation for those businesses. The other point is that when we take a little space like staff has indicated in this ordinance that we are further encouraging recycling to some degree. We are saying those of you who have made an investment as a regional or national player, to have your recypling, picked up for all your locations throughout the country, we are going to make sore type of accommodation for that, because it is not waste hauling it is removal of a commodity. He would hate for us to say in our city you may have that relationship but eve donut want you to do that and then have those companies say, well look at the cuts of going this way versus that, just take those recyclables put them in the trash and have us just be done twith it. He does not want to discourage recycling either. He believes there is an economic, development consideration for the businesses who have"rnade,that regional or national investment and thinks there is a consideration whether or not w want to potentially take an action that would discourage recycling by saying there is oe way and one way only for a commodity hauler operating in the City of Schertz. He, is a big fan of Bexar Waste; he has seen very few companies do dais that is a family own4 business. He will say again and again that the fact there is there'is trash in his neighborhood that they didn't put there and Bexar Waste picks it up; that's amazing "service. In this,one small area there is a little room for movement. He would encourage the Council to pass this ordinance as well as the next ordinance. let's get Henry Gutierrez his l d, year contract that he has asked for; there are some financial implications that are beneficial to his company that he needs this done and over the next 30 days go and talk to some businesses, go and talk to Henry and others and let's 'male sure" that we don't 'discourage recycling and don't cause any ,or Carpentef 'recognized , Councilmember Azzoz who moved, seconded by Mayor Tem Edwards - o,, approve, Ordinance No. 15 -F -17 on first reading. The vote was oimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John Thompson voting for and no one voting no. Motion passed. 7. Ordinance No. 1546-11`8 — Consideration and /or action approving an Ordinance Granting Cibolo Waste , lnccrporated, DBA Bexar Waste Inc., a Franchise for Municipal Solid Waste Collection, Recycling, and Household Hazardous Waste Collection and Disposal Program. FirstReading (D. Wait/J. Bierschwale /J. Hooks /D. Letbetter) ORDINANCE NO. 15 -F -18 AN ORDINANCE GRANTING CIBOLO WASTE INCORPORATED, DBA BEXAR WASTE INC., A FRANCHISE FOR MUNICIPAL SOLID WASTE COLLECTION, RECYLING, AND HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL PROGRAM; IMPOSING PROVISIONS AND CONDITIONS RELATING TO THE EXERCISE OF SAME; AND PROVIDING 6 -23 -2015 Minutes Page - 10 - FOR PENALTIES NOT TO EXCEED $2000 FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. Mayor Carpenter recognized Executive Director Dudley Wait who stated this is the second half of the split work staff did creating a free standing franchise ordinance to handle our solid waste here in the City of Schertz; this was done at the request of our current contractor /franchisee. We have crafted this to be an exclusive franchise and have a ten year term. We currently have four years left on our current agreement through 2019. In that, we have a published fee schedule provided by Bexar Waste who gave the two year extension. Staff recommends we maintain that fee schedule for the first four years of the ten year Franchise Agreement. Then we can come back after that time and renegotiate those rates for the remaining six years. It 1t11ow" protection for both Bexar Waste and the City. It allows both to get out of the contract if circumstances warrant it. Mayor Carpenter recognized Councilmember Azzoz who moved; ,seconded by Councilmember John to approve Ordinance Nd 15 -F -18 on first reading: The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Notion passed. 8. Ordinance No. 15 -T -19 Consideration and /or action approving an Ordinance authorizing a Budget Adjustment'to Tree-,Mitigation Fund, '319 to procure Landscape Installation and Maintenance Services for the- hertz Soccer Complex located at 2600 Maske Road. First Reading (B. James / . V h" Zandt) The INANCE N0.45-T-19 Mayor Carpenter recognized Executive Director Brian James who stated this ordinance is to amend the budget to move money from our tree mitigation fund to do the tree planting and irrigation and associated maintenance for the soccer field project. In two weeks we will bring for the second reading of the ordinance and the contract for the actual installation of the trees. We often take the eligible cost out of tree mitigation because we have a large pot of money there that we can use. Mayor Carpenter recognized Councilmember Fowler who stated he knew of an area called Live Oak Hills. This area is full of trees; could we replant any of these trees? Mr. James said we don't have the expertise to move trees and replant them. On that property, a developer would be subject to the tree ordinance and he may choose to pick some trees 6 -23 -2015 Minutes Page - 11 - up and move them to where they need them. The challenge is that some of those trees are so close together that there is a problem getting them out. However, that property owner has moved trees in the past and he would probably take a look at that option again. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tem Edwards to approve Ordinance No. 15 -T -19 on first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 9. Resolution No. 15 -R -50 — Consideration and /or action approving a Resolution accepting the nomination from Gilbert Brown, Commander of the Combat Wounded Veterans of Texas, Military Order of the Purple Heart Department of Texas, designating the City of Schertz as a "Purple Heart City." (Mayor /Council) The following was read into record: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ACCEPTING THE NOMINATION FROM GILBERT BROWN, COMMANDER OF THE COMBAT WOUNDED VETERANS OF TEXAS, MILITARY ORDER OF THE PURPLE HEART DEPARTMENT OF TEXAS, DESIGNATING THE CITY OF SCHERTZ AS A "PURPLE HEART CITY." Mayor Carpenter stated the City of. Schertz received a letter from Gilbert Brown, Commander of the Combat Wounded Veterans of Texas, Military Order of the Purple Heart Department of Texas, stating that a member of Alamo Chapter 1836, Narcisco Pulido, approached. the Chapter Commander, Lorenzo Rodriguez, about approving a declaration declarin, the Cityf Schertz as ,a "Purple Heart City." letter invited the City of Schertz to issue such a proclamation, in which the lamation w ll:be read a d,presented at the July 4, 2015, Schertz Jubilee Ceremonies accepts the honor, of bei " "Purple Heart City ". Mayor Carpenter recommended qcil approve Resolution No. 15 -R -50 accepting the nomination of becoming a ple, heart City." Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro -Tem Edwards to approve Resolution No. 15 -R -50. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 10. Resolution No. 15 -R -51 — Discussion and consideration and /or action approving a Resolution adopting Philosophy and Policy Statements. (Mayor /Council) The following was read into record: 6 -23 -2015 Minutes Page - 12 - A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING PHILOSOPHY AND POLICY STATEMENTS AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter stated during the June 19, 2015 City Council Mid Budget Retreat, discussions were held with staff regarding adoption of philosophy and policy statements as it relates to the classification and compensation study which was one of the budget priorities based on the March 6, 2015 Pre - Budget Retreat. At this meeting Council and staff agreed to bring forward a resolution acknowledging, support and provide transparency. Discussion followed amongst several councilmemhcrs and the mayor in regard to a statement contained in Section III, "The implementation of goals will be to provide a balance between compensation and strategic staMfg e'vels." Coui c llmember Fowler was not comfortable with the wording and ,whether or not it was clear, enough. Mayor Carpenter explained this sentence allows management to make decisions 'oa maintaining the staffing level at an appropriate number to handle the existing workload versus simply providing more pay to an existing but understaffed, department or group. Mayor Carpenter recognized Councilmember Thompson who said he believes this is an important first step which gives us the philosophical foundation on which to proceed so we are not aught up kith personalities or numbers. Together, as a city, staff, and council, we agree to move, forward and strengthen our ability not to get into individual driven arguments later- Mayor Mayor Carpenter recognized Councilmember Fowler who stated he thinks this is a way of how we are going to do business, treat our employees fairly, be transparent and do the best we can. If we forfeit on this then we have a real problem with our employees. He prefers we take a vote on this now. Mayor Carpenter recommended council endorse what the employees of the city have created thus showing them council's support. 6 -23 -2015 Minutes Page -13 - Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro -Tem Edwards to approve Resolution No. 15 -R -51. The vote was 4 -1 with Mayor Pro -Tem Edwards, Councilmembers Fowler, John and Thompson voting for and Councilmember Azzoz voting no. Motion passed. Roll Call Vote Confirmation Deputy City Secretary Donna Schmoekel provided the roll call vote information for agenda items 1 through 10. Before moving on to the next agenda item, Mayor Carpenter asked Deputy City Manager John Bierschwale if he wanted to say a few words in view of the fact tharahis was his last city council meeting prior to his last day of work next Tuesday, June 30 He then asked the council and audience to join him in rising in honor of Mr. Bierschwale as he approached the podium. Mr. Bierschwale stated that it has been an honor. Ten months:ago,in front of C, uuncil, he announced his intent to retire — and now that moment has come,pp:'This"is his last council meeting and he thanked everyone; it has been a pleasure. He cannot'ay enough about the citizerts`of Schertz and he really also cannot say enough about the employees :f the cite who give their heart out for this community. They work hard each day for the citizens and they truly put their heart in their jobs. He hopes and prays that everyone will always take pride, in this community as much as he does. "God Bless You! I Love this City! Thank,you so much for allowing me to work here and it has been a pleasure and a great honor. Thank You." 1 Requests and Announcements 11. Announcements • Citizen Kudos • Recognition of City employee acti • New Dennrtnt ntal initi�ifiiv6s provided. 12. Rests by Mayor, and Councilmembers that items be placed on a future City Mayor Carpenter recognized Councilmember Azzoz who stated that in response to a couple of citizens concerns he would like us to revisit the subject of allowing hand held devices up on the dais. Subsequently, Mayor Carpenter asked the City Secretary's Office to add to the next agenda an item to review the Council Code of Ethics and Rules of Procedure. 13. 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 6 -23 -2015 Minutes Page - 14 - • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated he enjoyed the budget workshop meeting retreat held last week Friday, June 19. He thanked the staff and all the employees who were part of the philosophy and policy statements that were made. He commended them for their quality work and leadership — good job. Mayor Carpenter stated he had a note reminding him to ask Mr. Henry Gutierrez, owner of Bexar Waste, to come forward if he had something he wanted to say. Mr. Gutierrez just wanted to clarify that in regard to outside haulers of trash there is probably only two or three. He finds that Bexar Waste is already servicing a good number of national accounts and those businesses understand there is a franchise in place in Schertz and they usually find out that the city's s' fv?ices are less expensive than their national account rates and ultimately they go with the city services. He thanked council for their confidence in Bexar Waste and the city staffs hard work on Items 7 and 8 of tonight's agenda regarding the new, proposed franchise - agreement. Mayor Carpenter recognized Councilmember lhompsoh who stated he also thought the retreat meeting on Friday was well put together, and reflected a lot of quality work and that the city management tom coming all together reflected well on our city. Mayor Carpenter stated he is hesitati City in comparison to Mr. Bierschw gavel and know that Mr. Bierschv behalf of the residents of this City, Councils and Mayors and former re himself. "God:Bless You and Thank VINVI&W Donna Schmoekel, Uity secretary 6 -23 -2015 Minutes Page -15 - it,has only been ten "years for him serving the s teuxe of 37 years and it is hard to grab the ,-seat is-no going to be taken next time. On on behalf of the City Staff, all of the former nts and in particular the Mayor's family and i for your service to the City of Schertz." Michael R. Carpenter, Mayor Agenda No. 8 lei IM4 01104IEd1a10[Q17_1►`111/lul City Council Meeting: July 7, 2015 Department: Parks Subject: Ordinance No. 15 -T -19- — An Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment to the Tree Mitigation. Fund 319 (Final Reading) (B.James /K.Woodlee /C.VanZandt BACKGROUND The City desires to install landscaping in the newly renovated Schertz Soccer Complex located at 2600 Maske Road to compliment the many amenities and improvements on site. To date, this project is approximately 98% complete (on the part of the contractor) with the landscaping still to be accomplished by separate provider. The scope of this work includes the installation of landscaping plants and materials (trees, ornamental trees, etc.), modification of the existing irrigation system to accommodate a revised, UDC - compliant landscape plan, a quality assurance program, a one (1) year materials warranty, and a one (1) year maintenance contract. The project was publicly bid using a Request for Proposals (RFP) format. Only one (1) bid was received for this project from Maldonado Nursery & Landscaping, Inc. Even though it was the only bid received, based on Maldonado's experience, qualifications, reputation, capability, experience with similar projects, and available resources, City staff is confident that this vendor has the capability and resources to properly and effectively install the landscaping materials, modify the existing irrigation system to accommodate the plantings, and guarantee /maintain the landscape for a period of one (1) year. City Council approved this on first reading at their meeting of June 23, 2015. FISCAL IMPACT The (estimated) funding for this project was included in the Tree Mitigation Fund 319 budget for FY 2014 -2015. The total dollars identified for this project was $71,525. At the time, the funding estimate was based upon landscape installation with a one (1) year warranty; however, that estimate did not include a one (1) year maintenance contract. Staff has determined that the inclusion of a one (1) year maintenance contract does serve the best interest of the City of Schertz by protecting our investment during this transition period in the Schertz Youth Soccer Alliance taking over the maintenance of the fields. The total funding for all projects indentified for FY 2014 -15 in Fund 319 is $116,125. To date, Parks has expended $9,154 associated with the successful completion of the Arroyo Verde Tree Planting Project. In addition, Council recently authorized the expenditure of $55,600 for the Tree Pruning contract for Oak Forest, Cut -Off, and Woodland Oaks Parks. The remaining fund balance (for this fiscal year) is now $51,371. The total cost of this contract is $148,184.47 or a difference of $96,813.47. The total fund balance amount in Fund 319 is $528,245.05; this expenditure represents less than 18.3% of the total available funds. RECOMMENDATION Staff recommends that $96,814 from the Fund 319 fund balance be transferred to the current, active account. In addition, staff recommends Council approval of the final reading of Ordinance 15 -T -19. ATTACHMENTS Ordinance 15 -T -19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE TREE MITIGATION FUND 319 TO PROCURE LANDSCAPE INSTALLATION AND MAINTENANCE SERVICES FOR THE SCHERTZ SOCCER COMPLEX LOCATED AT 2600 MASKE ROAD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has solicited Requests for Proposal to procure landscape installation and maintenance services for the Schertz Soccer Complex located at 2600 Maske Road; and WHEREAS, the City needs to adjust the Budget to allocate funds in Fund 319 in the amount of $96,814 for the installation and maintenance services for landscaping at the Maske Road Soccer Complex; WHEREAS, City staff recommends that the City Council of the City adjust the Budget as indicated to provide funding for the landscape installation and maintenance services Schertz Soccer Complex; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Budget for this purpose; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall increase the Budget in Fund 319 Tree Mitigation in the amount of $96,813 through use of reserves. 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT THIS ORDINANCE WAS PASSED and APPROVED on first reading this the 23rd day of June, 2015. PASSED, APPROVED and ADOPTED on second reading this the 7th day of July, 2015. APPROVED: Mayor, Michael Carpenter ATTEST: City Secretary, Brenda Dennis APPROVED AS TO FORM: City Attorney 50558021.1 - 2 - Agenda No. 3 lei IM401"LlueIEd1a10[Q "T.1101 Dim City Council Meeting: July 7, 2015 Department: City Secretary Subject: Boards, Committees, and Commission appointments — Resignations, appointments The City Secretary's office received information that Mr. Max Hernandez is unable to fulfill his commitment as a regular member of the Transportation Safety Advisory Commission and therefore is resigning. Information was vetted to the Interview Committee to move Richard Dziewit' s up from alternate to the now vacant regular position and also appoint Debbie Perrone as a new alternate. FISCAL IMPACT None RECOMMENDATION Based on the recommendations by the Interview Board staff recommends Council ratify the resignation of Max Hernandez, move Richard Dziewit to the vacant position as a result of Mr. Hernandez's resignation and appoint Ms. Debbie Perrone as an Alternate Member. Item No.4 SEDC MEMORANDUM City Council Meeting: July 7, 2015 Department: Economic Development Subject: Resolution No. 15 -R -52 - Improved Property Contract (1300 Schertz Parkway) BACKGROUND Goal: To Consider /Discuss /Act on the recommendation for approval of Resolution No. 15 -R -52 authorizing the Improved Property Contract of an approximately 0.541 acre tract out of the G. Malpaz Original Survey No. 67, Abstract No. 221, Schertz, Guadalupe County, Texas, being the same property with GEO ID # 2G0221 -0000- 09900 -0 -00 for the amount of $215,000 (See Exhibit A). The property is located at 1300 Schertz Parkway and is adjacent to the Hal Baldwin Municipal Complex. Community Benefit: The single - family home sits adjacent to two public uses, the Hal Baldwin Municipal Complex and Clements High School. Additionally, the City is in the process of evaluating the current and future office /space needs of the SEDC and other City departments. Preliminary findings suggest that additional space is needed. By purchasing the property the SEDC and City would have additional space to expand. Summary of Recommended Action: Consider /Discuss /Act on Resolution No. 1.5 -R -52 authorizing the purchase of the property by the SEDC. FISCAL IMPACT The property owner, the Archbishop of San Antonio, and the SEDC have agreed on a purchase price of $215,000.00 plus associated closing and legal costs. The property will be paid for with SEDC funds budgeted and approved during FY 2014 -2015 from the Land Purchases account. SEDC BOARD RECOMMENDATIONS The SEDC Board of Directors met on June 25, 2015. . A motion on approval of Resolution 15 -R -52 to recommend approval to the City Council to purchase real estate property located at 1300 Schertz Parkway was made by Mr. M. Thomas, seconded by Ms. A. Kiser. Motion passed unanimously. STAFF RECOMMENDATIONS Staff recommends approval of Resolution No. 15 -R -52 ATTACHMENT(S) Resolution No. 15 -R -52 Exhibit A: Improved Property Contract A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PURCHASE CONTRACT OF IMPROVED REAL PROPERTY BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION (SEDC) AND THE GOOD SHEPHERD CATHOLIC CHURCH, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Archdiocese of San Antonio through Rev. Gustavo Garcia- Siller, Archbishop of San Antonio has agreed to sell to the SEDC approximately 0.541 acre tract out of the G. Malpaz Original Survey No. 67, Abstract 221, Schertz, Guadalupe County, Texas, being the same property with GEO ID #2G0221- 0000 - 09900 -0 -00 (the "Property ") for TWO HUNDRED FIFTEEN THOUSAND AND NO /1.00 DOLLARS ($215,000); and WHEREAS on June 24, 2015, the SEDC board held a public meeting wherein on recommendation of City Staff voted unanimously to approve the form of this Resolution and recommend its passage by City Council; and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize the purchase of the Property by the SEDC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. 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 2. The City Council hereby authorizes the SEDC President to execute and deliver a purchase of the Improved Property Contract, in substantially the same form, as set forth on Exhibit "A "; provided such contract is first fully executed on behalf of Seller. Section 3. Upon Seller's production of a survey of the property satisfactory to the title insurance company and a commitment for title insurance issued by the title insurance company approved by the City Attorney, City Council hereby authorizes the SEDC President to close on the purchase of the Property, accept the Special Warranty Deed, in substantially the same form as shown in Exhibit "A ", and execute such other closing documents reasonably required by the title insurance company or seller. Section 4. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 7th day of July, 2015. CITY OF SCHERTZ, TEXAS Michael Carpenter Mayor ATTEST: Brenda Dennis City Secretary (CITY SEAL) 50234811.1 EXHIBIT A Rdim 1 � 1 1. 50234811.1 A -1 IMPROVED PROPERTY CONTRACT 1. PARTIES: The parties to this contract are Most Rev. Gustavo Garcia- Seler, Archbishop of San Antonio or his successors in office (Seller) and CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION (Buyer). Seller agrees to sell and convey to Buyer and Buyer agrees to buy from Seller the Property defined below. 2. PROPERTY: an approximately 0.541 acre tract out of the G. Malpaz Original Survey No. 67, Abstract No. 221, Schertz, Guadalupe County, Texas, being the same property with GEO ID 4 2G0221- 0000 - 09900 -0 -00, and shown on Exhibit "A" attached hereto. 3. SALES PRICE: TWO - HUNDRED- FIFTEEN THOUSAND AND 00 /000 UNITED STATES DOLLARS ($215,000.00). 4. FINANCING: Not Applicable 5. EARNEST MONEY: Upon execution of contract by all parties, Buyer shall deposit ONE THOUSAND AND NO /00 UNITED STATES DOLLARS ($1,000.00) as earnest money with TFfLE COMPANY. If Buyer fails to deposit the earnest money as required by this contract, Buyer will be in default. 6. TITLE POLICY AND SURVEY: A. TITLE COMPANY means: Providence Title Company Attn: Dinah Heilmann 300 FM 3009, Suite 105 Schertz; Texas 78154 Telephone 210- 447 -3750 Email: DHeilmanngprotitletx.com B. TITLE POLICY means an Owner Policy of Title Insurance issued by Title Company, as agent for Underwriter, or directly by Underwriter, in conformity with the last Title Commitment delivered to and approved by Buyer. C. UNDERWRITER means an insurance company authorized to issue title insurance policies in the state of Texas. D. COMMITMENT means a Commitment for Issuance of an Owner Policy of Title Insurance by Title Company, as agent for Underwriter, or directly by Underwriter, stating the condition of title to the Land. E. SURVEY means an on- the - ground, staked plat of survey and metes - and - bounds description of the Land, prepared by Surveyor or another surveyor satisfactory to Title Company, dated after the Effective Date, and certified to Title Company to Initialed for identification by Buyer and Seller Page I of 21 comply with the current standards and specifications for a Category I -A survey as published by the Texas Society of Professional Surveyors for the Survey Category. F. SURVEYOR means an individual licensed by the Texas Board of Professional Land Surveyors. G. DELIVERY OF TITLE COMMITMENT, SURVEY, AND LEGIBLE COPIES. Seller must deliver the Title Commitment to Buyer within 10 days after the Effective Date; the Survey within 10 days after the Effective Date; and legible copies of the instruments referenced in the Title Commitment, and Survey, within 10 days after the Effective Date. H. OBJECTIONS: Buyer has until 10 days after delivery ( "Title Objection Deadline ") to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer's objections to any of them ( "Title Objections "). Buyer will be deemed to have approved all matters reflected by the Survey and Title Commitment to which Buyer has made no Title Objection bythe Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are "Permitted Exceptions." If Buyer notifies Seller of any Title Objections, Seller has five days from receipt of Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing ( "Cure Notice "). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closing, B11y er may, u 'vi thin five clays after the deadline 4b. the giving Cure Notice, notify Seller that either this contract is terminated or Buyer will proceed to close, subject to Seller's obligations to remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date, and cure only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before Closing, Seller must remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections that Seller has agreed to cure. I. TITLE NOTICES: a. ABSTRACT OR TITLE POLICY: The Commitment should be promptly reviewed by an attorney of Buyer's choice due to the time limitations on Buyer's right to object. b. MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S): The Property is not subject to mandatory membership in a property owners association(s). Texas Property Code § 5.012, Texas Property Code. C. STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, Initialed for identification by Buyer and Seller Page 2 4 21 bonded indebtedness, or standby fee of the district prior to final execution of this contract. d. TIDE WATERS: The Property does not abut the tidally influenced waters of the state. Texas Natural Resources Code §33,135. e. ANNEXATION: The Property is located within the municipal corporate limits of the city of Schertz, Guadalupe County, Texas, Texas Property Code §5.011 f PROPERTY LOCATED IN A CERTIFIED SERVICE AREA OF A UTILITY SERVICE PROVIDER: Notice required by § 13.257, Water Code: The real property, described in Paragraph 2, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned Buyer hereby acknowledges receipt of the foregoing notice at or before the .,�.,elltr.^,n .^,f a binding com act for the purchase of the real property described in Paragraph 2 or at closing of purchase of the real property. g. PUBLIC IMPROVEMENT DISTRICT: Not applicable. h. TEXAS AGi�iCvi TUicAL DE v ELOPivi NT DiSTRiCT; The property is not located in a Texas Agricultural District. For additional information, contact the Texas Department of Agriculture. i. TRANSFER FEES: The Property is not subject to a private transfer fee obligation, Property Code § 5.205. PROPANE GAS SYSTEM SERVICE AREA: Not applicable PROPERTY CONDITION: A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer's agent's access to the Property at reasonable times. Buyer must deliver evidence to Seller that Buyer has liability insurance for its proposed inspection activities, with coverages and in amounts that are substantially the same as those maintained by Seller or with such lesser coverages and in such lesser amounts as are reasonably satisfactory to Seller. Buyer may have the Property inspected by inspectors selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections. Seller at Seller's expense shall immediately cause existing utilities to be turned on and shall keep the utilities on during the time this contract is in effect. Initialed for identification by Buyer and Seller Page 3 of 21 Buyer must deliver to Seller copies of all inspection reports that Buyer prepares or receives from third -party consultants or contractors within three days after their preparation or receipt. NOTICE: Buyer should determine the availability of utilities to the Property suitable to satisfy Buyer's needs. B. ACCEPTANCE OF PROPERTY CONDITION: "As Is" means the present condition of the Property with any and all defects and without warranty except for the warranties of title and the warranties in this contract. Buyer's agreement to accept the Property As Is under Paragraph 7B(1) and (2) does not preclude Buyer from inspecting the Property. 1. THIS CONTRACT IS AN ARM'S - LENGTH AGREEMENT BETWEEN THE PARTIES. THE PURCHASE PRICE WAS BARGAINED ON THE BASIS OF AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE AGREEMENT OF THE PARTIES THAT THERE ARE NO REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR IMPLIED WARRANTIES, EXCEPT THOSE IN THIS CONTRACT AND THE CLOSING DOCUMENTS. BUYER IS NOT RELYING ON ANY REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR IMPLIED WARRANTIES OTHER THAN THOSE EXPRESSLY CONTAINED IN THIS CONTRACT AND THE CLOSING DOCUMENTS. BUYER IS NOT RELYING ON ANY INFORMATION REGARDING THE PROPERTY PROVIDED BY ANY PERSON, OTHER THAN BUYER'S OWN INSPECTION AND THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS CONTRACT AND THE CLOSING DOCUMENTS. 2. AFTER ('T r)QTXT(: RLTVER PwLEASBe QUT r rn Fnnnrt T TADTf rry r.�n ✓ V ULLLLl\ X X\V L L1A1J1L11 1 1 Vl\ ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY, INCLUDING LIABILITY (1) UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA), THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), THE TEXAS SOLID WASTE DISPOSAL ACT, OR THE TEXAS WATER CODE; OR (2) ARISING AS THE RESULT OF THEORIES OF PRODUCTS LIABILITY AND STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES TO EXISTING LAWS ENACTED AFTER THE EFFECTIVE DATE THAT WOULD OTHERWISE IMPOSE ON SELLERS IN THIS TYPE OF TRANSACTION NEW LIABILITIES FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY. THIS RELEASE APPLIES EVEN WHEN THE ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY RESULT FROM SELLER'S OWN NEGLIGENCE OR THE NEGLIGENCE OF SELLERS REPRESENTATIVE. 3. The provisions of Paragraph 7B (1) and (2), regarding the Property will be included in the deed with appropriate modification of terms as the context requires. Initialed for identification by Buyer and Seller Page 4 of 21 C. COMPLETION OF REPAIRS: Buyer acknowledges that the existing Structure on the Property requires extensive repairs before occupancy; and Buyer acknowledges the Structure is made part of this Sale "AS IS WHERE IS" and Seller shall make no repairs. D. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances, including asbestos and wastes or other environmental hazards, or the presence of a threatened or endangered species or its habitat may affect Buyer's intended use of the Property. If Buyer is concerned about these matters, an addendum promulgated by TREC or required by the parties should be used. E. SELLER'S DISCLOSURES: Intentionally Deleted, 8. BROKERS' FEES: A. Neither Seller nor Buyer are represented by a Broker and neither shall be obligated to pay any Broker Fees and no part of the Purchase Price may be used to satisfy any Broker's fees or commissions. This provision shall survive closing. B. Buyer and Seller each indemnify and agree to defend and hold the other party harmless from any loss, attorney's fees, and court and other costs arising out of a claim by any person or entity claiming by, through, or under the indemnitor for a broker's or finder's fee or commission because of this transaction or this contract, whether the claunarn is disclosed to the indemnitee or not. At Closing, each party will provide the other party with a release of broker's or appraiser's liens from all brokers or appraisers for which each party was responsible. This provision shall survive closing. 9. CLOSING: A. The closing of the sale will be on or before the tenth day after BUYER'S Title Objection Deadline. B. At closing: (1) Seller shall execute and deliver a special warranty deed, in substantially similar form as Exhibit "A ", conveying title to the Property to Buyer and showing no additional exceptions to those permitted in Paragraph 6 and furnish tax statements or certificates showing no delinquent taxes on the Property. (2) Buyer will deliver the Purchase Price and other amounts that Buyer is obligated to pay under this contract to Title Company in funds acceptable to Title Company. The Earnest Money will be applied to the Purchase Price. Initialed for identification by Buyer and Seller Page 5 of 21 (3) Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases, loan documents and other documents reasonably required for the closing of the sale. (4) There will be no liens, assessments, or security interests against the Property which will not be satisfied out of the sales proceeds unless securing the payment of any loans assumed by Buyer and assumed loans will not be in default 10. POSSESSION: A. Buyer's Possession: Seller shall deliver to Buyer possession of the Property in its present condition upon closing. B. Leases: (1) After the Effective Date, Seller may not execute any lease (including but not limited to mineral leases) or convey any interest in the Property without Buyer's written consent. (2) As of the Effective Date Seller has not leased the Property to any third party. 11. SPECIAL PROVISIONS: Intentionally deleted. 12. SETTLEMENT AND OTHER EXPENSES: A. The following expenses must be paid at or prior to closing: (1) Expenses payable by Seller (Seller's Expenses): Seller will pav the basic charge for the Title Policy; one -half of the escrow fee charged by Title Company; the costs to prepare the deed; the costs to obtain, deliver, and record releases of any liens required to be released in connection with the sale; the costs to record documents to cure Title Objections agreed or required to be cured by Seller and to resolve matters shown in Schedule C of the Title Commitment; the costs to obtain the Survey and certificates or reports of ad valorem taxes; the costs to deliver legible copies of the instruments referenced in the Title Commitment, and Survey and Seller's records; any other costs expressly required to be paid by Seller in this contract; and Seller's attorney's fees and expenses. (2) Buyer will pay one -half of the escrow fee charged by Title Company; the costs to obtain, deliver, and record all documents other than those to be obtained or recorded at Seller's expense; the additional premium for the "survey /area and boundary deletion" in the Title Policy, if the deletion is requested by Buyer, as well as the cost of any other endorsements or modifications of the standard form of Title Policy requested by Buyer; the costs of work required by Buyer to have the Initialed for identification by Buyer and Seller Page 6 of 21 Survey reflect matters other than those required under this contract except changes required for curative purposes; the costs to obtain financing of the Purchase Price, including the incremental premium costs of the loan title policies and endorsements and deletions required by Buyer's lender; any other costs expressly required to be paid by Buyer in this contract; and Buyer's attorney's fees and expenses. 13. PRORATIONS AND ROLLBACK TAXES: A. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents will be prorated through the Closing Date. The tax proration may be calculated taking into consideration any change in exemptions that will affect the current year's taxes. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the proration when tax statements for the current year are available. If taxes are not paid at or prior to closing, Buyer shall pay taxes for the current year. B. ROLLBACK TAXES: If this sale or Buyer's use of the Property after closing results in the assessment of additional taxes, penalties or interest (Assessments) for periods prior to closing, the Assessments will be the obligation of Buyer, 14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty after the effective date of this contract, Seller shalt restore the Property to its previous condition as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so due to factors beyond Seller's control, Buyer may (a) terminate this contract and the earnest money will be refunded to Buyer (b) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (c) accent the Property in its damaged condition with an assignment of insurance proceeds and receive credit from Seller at closing in the amount of the deductible under the insurance policy. Seller's obligations under this paragraph are independent of any other obligations of Seller under this contract. 15. DEFAULT: A. Seller's Default; Remedies before Closing. If Seller fails to perform any of its obligations under this contract or if any of Seller's representations are not true and correct as of the Effective Date or on the Closing Date ( "Seller's Default "), Buyer may d o the following as its sole and exclusive remedy before Closing: I. Termination, Liquidated Damages. Buyer may terminate this contract by giving notice to Seller on or before the Closing Date and Closing Time and have the Earnest Money, less $100 as described above, returned to Buyer. Unless Seller's Default relates to the untruth or incorrectness of Seller's representations for reasons not reasonably within Seller's control, if Seller's Default occurs after Buyer has incurred costs to investigate the Property after the Effective Date and Buyer terminates this contract in accordance with the previous Initialed for identification by Buyer and Seller Page 7 o1'21 sentence, Seller will also pay to Buyer as liquidated damages the lesser of Buyer's actual out -of- pocket expenses incurred to investigate the Property after the Effective Date ( "Buyer's Expenses ") within ten days after Seller's receipt of an invoice from Buyer stating the amount of Buyer's Expenses accompanied by reasonable evidence of Buyer's Expenses. 2. Specific Performance. Unless Seller's Default relates to the untruth or incorrectness of Seller's representations for reasons not reasonably within Seller's control, Buyer may enforce specific performance of Seller's obligations under this contract, but any such action must be initiated, if at all, within ninety days after the breach or alleged breach of this contract. If such action is not initiated within that period and this contract has not previously been terminated, Buyer will be deemed to have elected to terminate this contract as of the expiration of that period. If title to the Property is awarded to Buyer, the conveyance will be subject to the matters stated in the Title Commitment. 3. Actual Damages. If Seller conveys or encumbers any portion of the Property before Closing so that Buyer's ability to enforce specific performance of Seller's obligations under this contract is precluded or impaired, Buyer will be entitled to seek recovery from Seller for the actual damages sustained by Buyer by reason of Seller's Default, including attorney's fees and expenses and court costs. 4. Seller's Default: Remedies after Closing, If Seller's representations ?re not true and correct at Closing due to circumstances reasonably within Seller's control and Buyer does not become aware of the untruth or incorrectness of such representations until after Closing, Buyer will have all the rights and remedies available at law or in equity. If Seller fails to perform any of its obligations under this contract that survive Closing, Buyer will have all rights and remedies available at law or in equity unless otherwise provided by the Closing Documents. B. Buyer's Default; Remedies before Closing, If Buyer fails to perform any of its obligations under this contract ( "Buyer's Default "), Seller may terminate this contract by giving notice to Buyer on or before Closing and have the Earnest Money paid to Seller. If Buyer's Default occurs after Seller has incurred costs to perform its obligations under this contract and Seller terminates this contract in accordance with the previous sentence, Buyer will also reimburse Seller for the lesser of Seller's actual out -of- pocket expenses incurred after the Effective Date to perform its obligations under this contract ( "Seller's Expenses "), within ten days after Buyer's receipt of an invoice from Seller stating the amount of Seller's Expenses accompanied by reasonable evidence of Seller's Expenses. The foregoing constitutes Seller's sole and exclusive remedies for a default by Buyer before Closing. I. Buyer's Default, Remedies after Closing. If Buyer fails to perform any of its obligations under this contract that survive Closing, Seller will have all rights Initialed for identification by Buyer and Seller Page 8 of 21 and remedies available at law or in equity unless otherwise provided by the Closing Documents. C. Liquidated Damages. The parties agree that just compensation for the harm that would be caused by a default by either party cannot be accurately estimated or would be very difficult to accurately estimate and that Seller's Expenses, Buyer's Expenses or the Earnest Money, as the case may be, are reasonable forecasts of just compensation to the nondefaulting party for the harm that would be caused by a default. D. Attorney's Fees. If either party retains an attorney to enforce this contract, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through alternative dispute resolution procedures such as mediation. Any dispute between Seller and Buyer related to this contract which is not resolved through informal discussion will be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 17. ATTORNEY'S FEES: A Party who prevails in any legal proceeding related to this contract is entitled to recover reasonable attorney's fees and all costs of such proceeding. 18. ESCROW: A. ESCROW: The escrow agent is not (i) a party to this contract and does not have liability for the performance or nonperformance of any party to this contract, (ii) liable for interest on the earnest money and (iii) liable for the loss of any earnest afavne`y' Yau.]t.V vy ttll. Lu,i uid vl 0.11y llllaul.tal lllJUtuuvu All wull:ll ulc carlGJt iiioiil;y has been deposited unless the financial institution is acting as escrow agent. B. EXPENSES: At closing, the earnest money must be applied first to any cash down payment, then to Buyer's Expenses and any excess refunded to Buyer. If no closing occurs, escrow agent may (i) require a written release of liability of the escrow agent from all parties, (ii) require payments of unpaid expenses incurred on behalf of a party, and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money. C. DEMAND: Upon termination of this contract, either party or the escrow agent may send a release of earnest money to each party and the parties shall execute counterparts of the release and deliver same to the escrow agent. If either party fails to execute the release, either party may make a written demand to the escrow agent for the earnest money. If only one party makes written demand for the earnest money, escrow agent shall promptly provide a copy of the demand to the other party. If escrow agent does not receive written objection to the demand from the other party within 15 days, escrow agent may disburse the earnest money to the party making demand reduced by the amount of unpaid expenses incurred on behalf Initialed for identification by Buyer and Seller Page 9 of 21 of the party receiving the earnest money and escrow agent may pay the same to the creditors. If escrow agent complies with the provisions of this paragraph, each party hereby releases escrow agent from all adverse claims related to the disbursal of the earnest money. D. DAMAGES: Any party who wrongfully fails or refuses to sign a release acceptable to the escrow agent within 7 days of receipt of the request will be liable to the other party for liquidated damages in an amount equal to the sum of: (i) three times the amount of the earnest money; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. E. NOTICES: Escrow agent's notices will be effective when sent in compliance with Paragraph 21. Notice of objection to the demand will be deemed effective upon receipt by escrow agent. 19. REPRESENTATIONS: All covenants, representations and warranties in this contract survive closing. If any representation of Seller in this contract is untrue on the Closing Date, Seller will be in default. Unless expressly prohibited by written agreement, Seller may continue to show the Property and receive, negotiate and accept back up offers. 20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person," as defined by applicable . law, or if Seller fails to deliver an affidavit to Buyer that Seller is not a "foreign person," then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together with appropriate tax forms. Internal Revenue Service regulations require filing written reports if currency in excess of specified amounts is received in the transaction. 21. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand - delivered at, or transmitted by facsimile as follows: To SELLER at: GOOD SHEPHERD CATHOLIC CHURCH Atm. Tina Flanagan Address: PO BOX 929, Schertz, TX 78154 Telephone: (210) 658 -4350 Facsimile: (210) 658 -7051 Email: gsacctg @satx.rr.com With a copy to: Most Rev. Gustavo Garcia- Siller 2718 W. Woodlawn Avenue San Antonio, Texas 78228 Telephone: (210) 734 -2620 Facsimile: (210) 735 -2774 Email: ruben.hinojosa@archsa.org Attention: Ruben Hinojosa Initialed for identification by Buyer and Seller Page 10 of 21 To BUYER at: CITY OF SCHERTZ Attn. Kyle Kinateder, Executive Director City of Schertz Economic Development Corporation Address: 1400 Schertz Parkway, Schertz, TX 78154 Telephone:(210)619 -1070 Facsimile: (210) 619 -1079 Email: kkinatedergSehertz.com 22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. Addenda which are a part of this contract are: None 23. ASSIGNMENT. Buyer may assign Buyer's interest in this contract upon the written consent of Seller, which shall not be unreasonably withheld, denied, delayed or conditioned. Buyer is hereby authorized to assign Buyer's interest in this contract to M6.8 Investments LLC, without further approval of Seller required. 24. TERMINATION OPTION: Intentionally deleted. 25. CONSULT AN ATTORNEY BEFORE SIGNINGIREAD THIS CONTRACT CAREFULLY. SELLER'S Attorney is: Drought, Drought & Bobbitt, LLP 2900 Weston Centre 112 East Pecan St. San Antonio, TX 78205 Telephone: 210- 225 -4031 Facsimile: 210- 222 -0586 Email: ecbgddb- law.com BUYER'S' Attorney is: Denton Navarro Rocha Bernal Hyde & Zeeh, PC 2517 N. Main Avenue San Antonio, Texas 78212 Telephone:- (210) 227 -3243 Facsimile: (210) 225 -4481 Email: habib.erkan @rarnpage- sa.com 26. Waiver of Consumer Rights. BUYER WAIVES ITS RIGHTS UNDER THE TEXAS DECEPTIVE TRADE PRACTICES — CONSUMER PROTECTION ACT, SECTION 17.41 ET SEQ. OF THE TEXAS BUSINESS AND COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. Initialed for identification by Buyer and Seller Page 11 of 21 AFTER CONSULTATION WITH AN ATTORNEY OF ITS OWN SELECTION, BUYER VOLUNTARILY CONSENTS TO THIS WAIVER. 27. Seller and Buyer acknowledge that the legal description contained in paragraph 2 of this Contract may be or is technically, legally insufficient for the purposes of supporting an action for specific performance or other enforcement hereof. As such, Seller and Buyer confirm to one another that, notwithstanding said insufficiency, they desire to proceed to create the Survey, which shall provide a legally sufficient description of the Property; therefore, since the parties are desirous of executing this Contract and to preserve the rights herein granted to each as a remedy for the breach of this Contract, to include the right to demand and successfully enforce performance and ensure such rights and remedies are not precluded due to the legal description of the Property which is the subject hereto, the Seller and Buyer agree and acknowledge that (1) they are experienced in transactions of the nature provided for in this transaction, (2) that, in fact, they are specifically familiar with the location of the Property that is the subject of this Contract, having walked and examined it, (3) each hereby waives any and all rights in a cause of action in the performance hereunder to claim that performance should not or cannot be demanded, ordered, or enforced for the want of a legally sufficient and enforceable description of the Property either prior to or subsequent to the preparation of the Survey, and (4) once the Survey is prepared, that the description of the Property for the purposes of this Contract is as described in the Survey. Remainder of page intentionally left blank Initialed for identification by Buyer and Seller Page 12 of 21 To be effective ( "EFFECTIVE DATE ") as of later date executed below: SELLER: Most Rev. Gustavo Garcia- Siller, Archbishop of San Antonio R' CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION; a Texas non -profit industrial development corporation TIMOTHY BROWN, PRESIDENT Initialed for identification by Buyer and Seller Page 13 of 21 CONTRACT AND EARNEST MONEY RECEIPT Receipt of the Improved Property Contract concerning an approximately 0.541 acre tract out of the G. Malpaz Original Survey No. 67, Abstract No. 221, Schertz, Guadalupe County, Texas, being the same property with GEO ID 4 2G0221- 0000- 09900 -0 -00, and ONE THOUSAND AND NO/00 UNITED STATES DOLLARS ($1,000.00) Earnest Money in the form of is acknowledged. Escrow Agent: Providence Title Company Date: By: Printed Name: Providence Title Company 300 FM 3009, Suite 105 Schertz, TX 78154 Telephone: Email: Initialed for identification by Buyer and Seller Page 14 of 21 EXHIBIT "A" Property Details Account �� Property ID: 67557 Geo ID: 2G0221- 0000- 09900 -0 -00 Type: Real Legal Description: ABS: 221 SUR: G MALPAZ 0.541 AC. Location Owner Sims Address: SCHERTZ PARKWAY SCHERTZ, TX 78154 Neighborhood: CLA16 Mapsco: Jurisdictions: GCO, LTR, CSC, SCS, CAD Owner Name: GOOD SHEPHERD CATHOLIC CHURCH Mailing Address: ,.LIVE OAK RD, SCHERTZ, TX 78154 Property Appraised Value: $53,991.00 nttps:// pry) paccess. trueautomation •com /illap /Vtew/Map/2/6755-//20i5 PropertyACCESS - r Initiated for Identification by Buyer and Seller Page 15 of 21 EXHIBIT `B" Form of Special Warranty Deed. Initialed for identification by Buyer and Seller Page 16 of 21 Notice of Confidentiality Rights: If You Are a Natural Person, You May Remove or Strike Any or All the Following Information from Any Instrument That Transfers an Interest in Real Property Before it Is Filed for Record in the Public Records: Your Social Security Number or Your Driver's License Number, STATE OF TEXAS § COUNTY OF GUADALUPE § Special Warranty Deed Grantor: Gustavo Garcia - Siller, Archbishop of San Antonio Grantor's Address: 2718 W. Woodlawn Avenue San Antonio, Bexar County, Texas 78228 Grantee: CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION Grantee's Address: EXECUTIVE DIRECTOR CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION 1400 SCHERTZ PARKWAY SCHERTZ, TX 700154 (GUADALUPE COUNTY) Pronerty: A tract of land. containino 541 acre not of t h e C' M i Original Survey No. 6 7 , Abstract 221, Schertz, Guadalupe County, Texas, the land being more particularly described on Exhibit A, which is incorporated by reference for all purposes. Consideration: Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Reservations from Conveyance: None Exception to Conveyance and Warranty: Validly existing easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded and validly existing instruments, other than conveyances of the surface fee estate, that affect the Property; and taxes for current year, which Grantee assumes and agrees to pay. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Initialed for identification by Buyer and Seller Page 17 of 21 Grantor and Grantor's a successors in office and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. 1) THIS CONVEYANCE WAS NEGOTIATED AT ARM'S - LENGTH BETWEEN THE PARTIES. THE PURCHASE PRICE WAS BARGAINED ON THE BASIS OF AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE AGREEMENT OF THE PAR'T'IES THAT THERE ARE NO REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR IMPLIED WARRANTIES, EXCEPT THOSE IN THIS INSTRUMENT OF CONVEYANCE, THE CONTRACT FOR SALE, AND THE CLOSING DOCUMENTS. GRANTEE IS NOT RELYING ON ANY REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR IMPLIED WARRANTIES OTHER THAN THOSE EXPRESSLY CONTAINED IN PHIS INSTRUMENT OF CONVEYANCE, THE CONTRACT FOR SALE, AND THE CLOSING DOCUMENTS GRANTEE IS NOT RELYING ON ANY INFORMATION REGARDING THE PROPERTY PROVIDED BY ANY PERSON, OTHER THAN BUYER'S OWN INSPECTION AND THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS INSTRUMENT OF CONVEYANCE, THE CONTRACT FOR SALE THIS AND THE CLOSING DOCUMENTS. 2) GRANTEE RELEASES GRANTOR FROM LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY, INCLUDI1G LIABILITY (1) UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA), THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), THE TEXAS SOLID WASTE DISPOSAL ACT, OR THE TEXAS WATER CODE; OR (2) ARISING AS THE RESULT OF THEORIES OF PRODT_ICTS LIARTT.TTY AND STR ICT LTA RTLITY, nR UNDER NEW LAWS OR CHANGES TO EXISTING LAWS ENACTED AFTER THE EFFECTIVE DATE THAT WOULD OTHERWISE IMPOSE ON GRANTOR IN THIS TYPE OF TRANSACTION NEW LIABILITIES FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY. THIS RELEASE APPLIES EVEN WHEN THE ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY RESULT FROM GRANTOR'S OWN NEGLIGENCE OR THE NEGLIGENCE OF GRANTOR'S REPRESENTATIVE. When the context requires, singular nouns and pronouns include the plural. IN WITNESS WHEREOF, Grantor has set his hand, this day of_, 2015. [Signatures on the Following Pages] Initialed for identification by Buyer and Seller Page 18 of 21 GRANTOR: By: Most Rev. Gustavo Garcia, Archbishop of San Antonio STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of by Most Rev. Gustavo Garcia- Siller, Archbishop of San Antonio, NOTARY PUBLIC, STATE OF TEXAS My Commission expires: GRANTEE: ACCEPTED ON BEHALF OF THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION: Timothy Brown, President STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me this date by Timothy Brown, in his capacity as Board President, and on behalf of, the City of Schertz Economic Development Corporation, a Texas non - profit industrial development corporation. Date: NOTARY PUBLIC, STATE OF TEXAS My Commission expires: The preparers of this document has made no investigation of the following matters: The accuracy of the legal description used herein; whether or not the Grantor is the correct owner of the property; whether or not the party signing on behalf of the Grantor is authorized to sign on behalf of the Grantor; or any title matters whatsoever. Initialed for identification by Buyer and Seller Page 19 of 21 PREPARED IN THE LAW OFFICE OF: Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C. 2517 N. Main Avenue San Antonio, TX 78212 Initialed for identification by Buyer and Seller Page 20 of 21 AFTER RECORDING RETURN TO: City of Schertz Economic Development Corporation 1400 Schertz Parkway Schertz, TX 78154 EXHIBIT "A" Field notes description and plat showing legal description of 0.541 acre tract Initialed for identification by Buyer and Seller Page 21 of 21 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: July 7, 2015 Department: Police Subject: Resolution 15 -R -54- Amendment to Interlocal Agreement with Cibolo for Dispatch Services BACKGROUND The City entered into an interlocal agreement (ILA) with the City of Cibolo for public safety /law enforcement dispatch services on October 1, 2010. Under this agreement, the City furnishes all dispatch services for all calls received requesting City of Cibolo public safety services. The City furnishes all capital equipment and facilities necessary to render dispatch services, including all prerequisite governmental licenses, permits, and personnel, except that the City of Cibolo is responsible for obtaining and providing mobile and portable radios capable of operating on the City of Schertz's radio frequency. To enhance dispatch capabilities, the City of Cibolo has requested to place equipment on the City of Schertz' radio tower. This equipment will improve Cibolo's ability to research call information and will allow for automated alerting for their Fire Department. To facilitate placement of the equipment, the ILA will be amended to state the following: "The City of Cibolo may, upon obtaining written authorization from the City of Schertz, place equipment necessary to the provision of dispatch services contemplated under this agreement upon City of Schertz radio towers (the "placed equipment "); provided that any contract for installing placed equipment or maintenance include the City of Schertz as an additional insured at a level approved in writing by the City of Schertz, the City of Cibolo shall be responsible for the maintenance and repair of the placed equipment, and that the City of Cibolo shall otherwise be responsible for any damage to Schertz -owned property or disruption to service caused by any placement, maintenance or repair of the placed equipment." No other changes will be made to the agreement. Goal The goal of Resolution 15 -R -54 is to amend the interlocal agreement with the City of Cibolo for dispatch services, to allow placement of equipment on the City of Schertz' radio tower to enhance dispatch services. Community Benefit It is the City's desire to partner with the City of Cibolo to foster excellence in providing high - quality public safety dispatch services to Schertz and surrounding communities. This amendment will enable the City to provide enhanced services to Cibolo, resulting in more effective and efficient dispatching. Summary of Recommended Action Staff recommends Council approve the Resolution to amend the interlocal agreement with the City of Cibolo for dispatch services, to allow placement of equipment on the City of Schertz' radio tower to enhance dispatch services. FISCAL IMPACT No fiscal impact for approval of the Resolution. Any costs associated with placement of the equipment on the City radio tower will be covered by the City of Cibolo. RECOMMENDATION Staff recommends Council approve Resolution 15 -R -54. ATTACHMENT(S) Resolution No. 15 -R -54 Exhibit A: Amendment to Interlocal Agreement RESOLUTION NO. 15 -R -54 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AMENDMENT OF AN INTERLOCAL AGREEMENT FOR DISPATCH SERVICES WITH THE CITY OF CIBOLO, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, by Resolution Number 10 -R -49, the City Council (the "City Council ") of the City of Schertz (the "City ") approved an Interlocal Agreement for Dispatch Services with the City of Cibolo, Texas ("Cibolo"), permitting Cibolo to utilize public safety and law enforcement dispatch services of the City; and WHEREAS, the City of Cibolo, in furtherance of the intent of the agreement, will provide for certain equipment on City radio towers; and WHEREAS, it is of benefit to both parties to allow the additional equipment on City radio towers as it will improve connectivity allowing for enhanced public safety response; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the amendment to the Agreement 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 7th day of July, 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 EXHIBIT A GI! ' 50234811.1 A -1 FIRST AMENDMENT TO INTER -LOCAL AGREEMENT FOR DISPATCH SERVICES THIS FIRST AMENDMENT TO INTER -LOCAL AGREEMENT FOR DISPATCH SERVICES (the "First Amendment ") is entered into this day of , 2015 ( "Effective Date "), by and between the CITY OF SCHERTZ and the CITY OF CIBOLO. WHEREAS, the City of Schertz and the City of Cibolo previously entered into an inter- local agreement to provide dispatch services (the "Agreement "); and WHEREAS, the City of Cibolo, in furtherance of the intent of the agreement which is to provision of dispatch services by the City of Schertz, to provide for certain equipment on City of Schertz radio towers; and WHEREAS, the Agreement does not address the provision of equipment on City of Schertz radio towers; and WHEREAS, it is of benefit to both parties to allow the additional equipment on City of Schertz . radio towers as it will improve connectivity allowing for improved public safety response, as emergency calls can be routed directly to Cibolo; and WHEREAS, the City of Schertz and the City of Cibolo desire to amend the Agreement on the terms and conditions contained herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the City of Schertz and the City of Cibolo agree as follows: 1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. 2. Amendment. The following paragraph shall be hereby be included as part of the Agreement: 1 The City of Cibolo may, upon obtaining written authorization from the City of Schertz, place equipment necessary to the provision of dispatch services contemplated under this agreement upon City of Schertz radio towers (the "placed equipment"); provided that any contract for installing placed equipment or maintenance'include the City of Schertz as an additional insured at a level approved in writing by the City of Schertz, the City of Cibolo. shall responsible for the maintenance and repair of the placed equipment, and that the City of Cibolo shall otherwise be responsible for any damage to Schertz owned property or disruption to service caused by any placement, maintenance or repair of the placed equipment. 3. Remainder of Agreement Unaffected. The parties hereto aelmowledge that except as expressly modified hereby, the Agreement remains unmodified and in fall force and effect. In the event of any conflict or inconsistency between the terms of this First Amendment and the Agreement, the terms of this First Amendment shall control. This First Amendment may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. [Signature pages follow] 2 This First Amendment is executed by as of the date first written above. CITY OF SCHERTZ: By: Print Name: Title: By: Print Name: Title: FIRST AMENDMENT TO INTER -LOCAL AGREEMENT FOR DISPATCH SERVICES THIS FIRST AMENDMENT TO INTER -LOCAL AGREEMENT FOR DISPATCH SERVICES (the "First Amendment ") is entered into this day of , 2015 ( "Effective Date "), by and between the CITY OF SCHERTZ and the CITY OF CIBOLO. RECITALS WHEREAS, the City of Schertz and the City of Cibolo previously entered into an inter- local agreement to provide dispatch services (the "Agreement "); and WHEREAS, the City of Cibolo, in furtherance of the intent of the agreement which is to provision of dispatch services by the City of Schertz, to provide for certain equipment on City of Schertz radio towers; and WHEREAS, the Agreement does not address the provision of equipment on City of Schertz radio towers; and WHEREAS, it is of benefit to both parties to allow the additional equipment on City of Schertz radio towers as it will improve connectivity allowing for improved public safety response, as emergency calls can be routed directly to Cibolo; and WHEREAS, the City of Schertz and the City of Cibolo desire to amend the Agreement on the terms and conditions contained herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the City of Schertz and the City of Cibolo agree as follows: I. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. 2. Amendment. The following paragraph shall be hereby be included as part of the Agreement: 1 The City of Cibolo may, upon obtaining written authorization from the City of Schertz, place equipment necessary to the provision of dispatch services contemplated under this agreement upon City of Schertz radio towers (the "placed equipment "); provided that any contract for installing placed equipment or maintenance include the City of Schertz as an additional insured at a level approved in writing by the City of Schertz, the City of Cibolo shall responsible for the maintenance and repair of the placed equipment, and that the City of Cibolo shall otherwise be responsible for any damage to Schertz owned property or disruption to service caused by any placement, maintenance or repair of the placed equipment. 3. Remainder of Agreement Unaffected. The parties hereto acknowledge that except as expressly modified hereby, the Agreement remains unmodified and in full force and effect. In the event of any conflict or inconsistency between the terms of this First Amendment and the Agreement, the terms of this First Amendment shall control. This First Amendment may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. [Signature pages follow] N This First Amendment is executed by as of the date first written above. CITY OF SCHERTZ: By: Print Name: Title: CITY OF CIBOLO: Print Name: Title: Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: July 7, 2015 Department: Finance /Purchasing /Public Works Subject: Resolution No. 15 -R -55 — A Resolution by the City Council of the City of Schertz, Texas authorizing the adoption of prevailing wage rates for public works construction projects BACKGROUND The City of Schertz is required by Texas Government Code Chapter 2258 to determine the general prevailing rate of per diem wages for each craft or type of worker in the locality in which a public works construction project is to be performed. As outlined in Texas Government Code Section 2558.022(a), the City must determine the prevailing rate either by 1) conducting a survey of wages received by classes of workers employed on projects of a character similar to the contract work performed within the Schertz city limits, or 2) adopting the prevailing wage rates as determined by the U.S. Department of Labor in accordance with the Davis -Bacon Act, and its subsequent amendments. Once these rates are determined, any contractor, or subcontractor, awarded a contract by the City, shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. It is the City's recommendation to use the prevailing wages published by the U.S. Department of Labor in accordance with the Davis -Bacon Act (40 U.S.C. Section 276a, et seq.), and its subsequent amendments, in lieu of conducting wage rate surveys and compiling wage rate schedules. FISCAL IMPACT No fiscal impact. RECOMMENDATION Staff recommends Approval of Resolution 15 -R- 55 to adopt prevailing wage rates to be used for all future construction contracts awarded by the City. Resolution 15 -R -55 RESOLUTION NO. 15 -R -55 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ADOPTION OF PREVAILING WAGE RATES FOR PUBLIC WORKS CONSTRUCTION AS DETERMINED BY THE U.S. DEPARTMENT OF LABOR, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") is required by Chapter 2258 of the Texas Government Code to determine the prevailing rate of per diem, and a prevailing rate for legal holiday and overtime work, in the locality for each craft and type of worker needed to perform a contract for public works construction; and WHEREAS, Chapter 2258 allow municipalities to use prevailing wage rates as determined by the U.S. Department of Labor in accordance with the Davis -Bacon Act (40 U.S.C. Section 276a, et seq.), and its subsequent amendments, in lieu of conducting wage rate surveys and compiling wage rate schedules; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby elects to use the prevailing wage rates as determined by the U.S. Department of Labor in accordance with the Davis -Bacon Act (40 U.S.C. Section 276a, et seq.), and its subsequent amendments, in lieu of conducting wage rate surveys and compiling wage rate schedules. Section 2. If and when the U.S. Department of Labor's wages rate schedules may be revised, updated, or amended, such revisions, updates and amendments shall automatically apply for the construction of public works in the City, but shall not be applied or enforced retroactively to any public works project for which a formal agreement has been executed prior to the revision, update or amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Resolution or the application thereof to any person . or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this day of , 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - Agenda No. 7 C KoLnI104 I Ed 10102 L11 ' • 1 City Council Meeting: July 07, 2015 Department: Subject: BACKGROUND Public Works Resolution No. 1.5 -R -56 - A Resolution by the City of Schertz to utilize a State of Texas cooperative contract with Vulcan Materials Company for expenditures totaling no more than $80,000 for asphalt and related materials for various separate and unrelated street upgrade and repair projects during the remainder of the 2014 -15 Fiscal Year and other matters in connection therewith Staff has been utilizing Brauntex Materials, Inc. for asphalt and other related materials for various and unrelated street repair and upgrade projects in the City. Projects include the Lower Seguin Road Reconstruction Project, Elbe1 Road repair, and potholes City -wide. All purchases have been related to the Public Works Department for these types of projects. The City's Purchasing Policy, adopted and approved by City Council by Resolution 11 -R -14 outlines the need for City Council approval for any expenditure over $50,000 in one fiscal year with one vendor. Recently, upon staff research, it was found that the expenditures for Brauntex Materials, Inc. exceeded this $50,000 mark. Total expenditures to -date for Brauntex Materials, Inc. is approximately $81,566.22. Staff has worked with the Purchasing Department to identify a State of Texas cooperative contract with Vulcan Materials Company to allow for the continuation of the street upgrades and improvement projects already in process. It is estimated that the remaining cost of materials and asphalt needed to complete projects City -wide for the remainder of Fiscal Year 2014 -15 will not exceed $80,000. Subchapters D and F of Chapter 271 of the Local Government Code authorize cities to participate in cooperatives with the State or other local governments for the purpose of procuring goods and services. Accordingly, section 271.083.b states that "a local government that purchases an item under a state contract or under a reverse auction procedure, as defined by Section 2155.062(d), Government Code, sponsored by the commission satisfies any state law requiring the local government to seek competitive bids for the purchase of the item." Staff requests approval to utilize a State of Texas Cooperative Contract with Vulcan Materials Company for the purchase of these materials needed for street repair and upgrade projects. Public Works Department will be implementing the following measures to help prevent overages from occurring in the future for all vendors used: • Train staff how to run reports and keep track of expenditures for vendors. • Work with Purchasing to prepare an RFP for hot mix material providers as well as complete the On Call Construction RFP's that are in process to award a yearly contract with one company for all minor street maintenance projects and other projects. If a major in -house project is to be completed, a separate RFP will be released for the project to keep better track of expenditures. Goal To obtain approval from City Council to utilize a State of Texas Cooperative Contract with Vulcan Materials Company for the purchase of these materials needed for street repair and upgrade projects in an amount not to exceed $80,000. Community Benefit To provide the best services at the lowest cost for related materials for various separate and unrelated street repair and upgrade projects within the City of Schertz. Summary of Recommended Action Staff recommends that Council authorize the use of a State of Texas Cooperative Contract with Vulcan Materials Company for the purchase of these materials needed for street repair and upgrade projects for the remainder of Fiscal Year 2014 -15. FISCAL IMPACT Not to exceed $80,000 with Vulcan Materials Company. Costs associated with the expenditures for Brauntex Materials, Inc. have been processed for payment. Funds were budgeted and available to pay these invoices as needed and are available for the additional purchases from Vulcan Materials Company. 119 UE1304 1041010117,174 Y [I7►1 Staff recommends Council approve Resolution 15 -R -56. ATTACHMENTS Resolution 15 -R -56 RESOLUTION NO. 15 -R -56 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING THE USE OF A STATE OF TEXAS COOPERATIVE CONTRACT WITH VULCAN MATERIALS COMPANY FOR EXPENDITURES TOTALING NO MORE THAN $80,000 FOR ASPHALT AND RELATED MATERIALS FOR VARIOUS SEPARATE AND UNRELATED STREET UPGRADE AND REPAIR PROJECTS DURING REMAINDER OF THE 2014 -15 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") needs asphalt and related materials for the completion of various separate and unrelated street upgrade and repair projects; and WHEREAS, Subchapters D and F of Chapter 271 of the Local Government Code authorize cities to participate in cooperatives with the state or other local governments for the purpose of procuring goods and services; and WHEREAS, the City's Purchasing Policy, adopted and approved by the City Council of the City (the "City Council ") pursuant to Resolution No. 11 -R -14, authorizes the City Manager, or his or her designee, to approve and execute contracts for amounts less than $50,000 without obtaining City Council approval for such contracts; and WHEREAS, the total amount of the various separate and unrelated purchases for asphalt and related materials that the City expended with Brauntex Materials, Inc. during the 2014 -15 fiscal year has exceeded $50,000; and WHEREAS, staff has identified a State Cooperative Contract with Vulcan Materials Company; and WHEREAS, staff requests that City Council approve the use of the Cooperative State Government Contract with Vulcan Materials Company for asphalt and other material for street upgrade and repair projects in an amount not to exceed $80,000 for the remainder of Fiscal Year 2014 -15. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the use of the State Cooperative Contract with Vulcan Materials Company for asphalt and unrelated materials for various and unrelated street upgrade and repair projects with expenditures not to exceed $80,000 for the remainder of Fiscal Year 2014 -15. 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 7t` day of July 2015. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- Agenda No. 8 lei I M40111Ll[e I Ed 1 010 [Q17_1►`111/lu l City Council Meeting: July 7, 2015 Department: Subject: BACKGROUND Parks Resolution No. 15 -R -57- — A Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to enter into a contract with Maldonado Nursery & Landscaping, Inc. for the installation, one (1) year warranty, and one (1) year maintenance contract associated with the landscape project at the Schertz Soccer Complex (B.James /PhilGaudreau/ C.VanZandt The City desires to install landscaping in the newly renovated Schertz Soccer Complex located at 2600 Maske Road to compliment the many amenities and improvements on site. To date, this project is approximately 98% complete (on the part of the contractor) with the landscaping still to be accomplished by separate provider. The scope of this work includes the installation of landscaping plants and materials (trees, ornamental trees, etc.), modification of the existing irrigation system to accommodate a revised, UDC - compliant landscape plan, a quality assurance program, a one (1) year materials warranty, and a one (1) year maintenance contract. The project was publicly bid using a Request for Proposals (RFP) format. Only one (1) bid was received for this project from Maldonado Nursery & Landscaping, Inc. Even though it was the only bid received, based on Maldonado's experience, qualifications, reputation, capability, experience with similar projects, and available resources, City staff is confident that this vendor has the capability and resources to properly and effectively install the landscaping materials, modify the existing irrigation system to accommodate the plantings, and guarantee /maintain the landscape for a period of one (1) year. FISCAL IMPACT The (estimated) funding for this project was included in the Tree Mitigation Fund 319 budget for FY 2014 -2015. The total dollars identified for this project was $71,525. At the time, the funding estimate was based upon landscape installation with a one (1) year warranty; however, that estimate did not include a one (1) year maintenance contract. Staff has determined that the inclusion of a one (1) year maintenance contract does serve the best interest of the City of Schertz by protecting our investment during this transition period in which the Schertz Soccer Alliance will be assuming maintenance of the fields and premises. The total funding for all projects indentified for FY 2014 -15 in Fund 319 is $116,125. To date, Parks has expended $9,154 associated with the successful completion of the Arroyo Verde Tree Planting Project. In addition, Council recently authorized the expenditure of $55,600 for the Tree Pruning contract for Oak Forest, Cut -Off, and Woodland Oaks Parks. The remaining fund balance (for this fiscal year) is now $51,371. The total cost of this contract is $148,184.47. The total fund amount in Fund 319 is $528,245.05; this expenditure represents less than 18.3% of the total available funds. RECOMMENDATION Staff recommends that Maldonado Nursery & Landscaping, Inc. be awarded the contract for the installation, one (1) year warranty, and one (1) year maintenance contract associated with the landscape project at the Schertz Soccer Complex. In addition, staff recommends that Council approve this resolution authorizing the City Manager to enter into the contract for services. ATTACHMENTS Resolution 15 -R -57 Contract RESOLUTION NO. 15 -R -57 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MALDONADO NURSERY & LANDSCAPING, INC. FOR THE INSTALLATION, ONE (1) YEAR WARRANTY, AND ONE (1) YEAR MAINTENANCE CONTRACT ASSOCIATED WITH THE LANDSCAPE INSTALLTION PROJECT FOR THE SCHERTZ SOCCER COMPLEX LOCATED AT 2600 MASKE ROAD;AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City solicited Requests for Proposal to procure landscape installation and maintenance services for the Schertz Soccer Complex located at 2600 Maske Road; and WHEREAS, only one (1) bid was received through the RFP process from Maldonado .Nursery & :Landscaping, Inc. at a total cost of $148,184.47; WHEREAS, City staff is confident that this vendor has the capability and resources to properly and effectively install the landscaping materials, modify the existing irrigation system to accommodate the plantings, and guarantee /maintain the landscape for a period of one (1) year at the Schertz Soccer Complex; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to award this contract to Maldonado Nursery & Landscaping, Inc.; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Manager is hereby authorized to enter into a contract with Maldonado Nursery & Landscaping, Inc. in the amount of $148, 184.47. 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 7th day of July 2015. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- Agenda No. 9 C 1' • 1 City Council Meeting: July 7, 2015 Department: Police Department Subject: Resolution No. 15 -R -58 - Amendment to the Interlocal Cooperation Agreement with SCUCISD for police services BACKGROUND The City of Schertz renewed an agreement with Schertz- Cibolo- Universal City Independent School District on August 19, 2014 to provide certain police services. The new agreement includes a provision that would automatically adjust the consideration paid for those services by a percentage equal to the percentage increase of the U.S. Department of Labor, Consumer Price Index for All Urban Consumers (the CPI -U) un- adjusted 12 months ended May of the previous year. The agreement did not specifically address what would occur should the CPI -U decrease as it did this year. This amendment would provide for no change in the consideration should the CPI -U decrease and would also provide a maximum increase of 5% per year. Another change by the amendment allows for the Police Department to utilize its own canine(s) for the detection of narcotics and ordinance upon school campuses rather than requiring a contract with an outside vendor. Summary of Recommended Action It is recommended that the attached amendment be approved by Council. FISCAL IMPACT Costs associated with this agreement are reimbursed by SCUCISD Staff recommends approval of Resolution No. 15 -R -58. ATTACHMENT(S) Resolution No. 1.5 -R -58, with Interlocal Cooperation Amendment attached Cover letter from Dr. Gibson, Superintendent of Schools RESOLUTION NO. 15 -R -58 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF CIBOLO, TEXAS AND THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an interlocal cooperation agreement with the City of Cibolo, Texas ( "Cibolo ") and the Schertz - Cibolo- Universal City Independent School District (the "District ") relating to the provision of certain police services to the District by the City and Cibolo; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Cibolo and the District pursuant to the amendment to the Interlocal Cooperation Agreement attached hereto as Exhibit A (the "Amendment "). THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Amendment with City and the District in substantially the form set forth on Fxhihit 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. 50417899.1 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 _ day of July, 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50417899.1 EXHIBIT A 50417899.1 A -1 Amendments to Interlocal Cooperation Agreement The following provisions supplement, modify, amend, and /or delete the standard provisions of the Interlocal Cooperation Agreement ( "Agreement ") for School Resource Officers between the Schertz - Cibolo- Universal City Independent School District and the City of Schertz, Texas, and control to the extent of any conflict with such standard provisions. Where a portion of the Agreement is not supplemented, modified, amended, and /or deleted by these Amendments, such unaltered portions of the Agreement shall remain in effect. Article 1.9 SCUCISD agrees that Schertz will manage contracts with outside vendors related to canines utilized for the detection of narcotics and ordinance upon school campuses with the Service Area. Schertz will coordinate the use of such canines with campus administrations whenever possible; however, when in the best interest of law enforcement and campus security, unannounced inspections may occur. • First sentence, after the words outside vendors insert, "or provide the service themselves ". Article 2.2.1 Beginning in the second twelve (12) month period of the initial term of this Agreement, the Consideration shall be increased by a percentage equal to the percentage increase of the U.S. Department of Labor, Consumer Price Index for All Urban Consumers (the °CPI -U "), all items, un- adjusted 12 months ended May of the previous year; provided the city's proposal for a rate adjustment shall be submitted no later than June 30 of each year, shall contain a copy of the CPI -U, and shall be attached as an amendment to the Agreement. • Change the section which currently reads "ended May of the previous year" to read "ended January of the current year." • Add the following sentence at the end of the article. "Should the CPI -U result in a reduction in Consideration, such reduction shall not be less than the previous year's rate. Alternatively should the CPI -U result in an increase in Consideration, such increase shall not exceed five percent (5 %) per year. Schertz- Cibolo- Universal City ISD By: By: Name: Name: Title: Title: Date: Date: City of Schertz IBOLO - UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT Elbel Road Schertz, Texas 78154 Phone (210) 945 -6200 Fax (210) 945 -6252 www.scuc.txed.net High Achievement For All Students High - Performing and Engaged Workforce Effective and Efficient District and Campus Operations City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager Subject: Proposed Amendments to School Resource Officer Mr. Kessel, Based on input from your staff and a review of the most recent Consur (CPI -U) we propose amending our agreement. First to recognize your < selves and to make provision for any possible wide swings in the CPI -1 from last year to this year. We propose adding both a floor and a ceiling 2.2.1 of our agreement. Additionally in order to provide this inforinatio purposes we also propose changing the month cited from May to the Escalation agreements using the CPI usually involve changing level of the CPI between the reference period and a subsequent f index point change between the two periods and then determin illustrates the computation of a percent change: CPI for current period ending April: 236. Less CPI for previous period (April): 237. Equals index point change: - 0.473 Divided by previous period CPI: 237.072 Equals: - 0.0019 Result multinlied by 100 0: - 0.0019 x 10( Equals percent change: (- 0.1911/4) 1 Although we still believe havi Agreement to limit increases or rise higher than normal seems I no less than the rate paid the p year. Please review the attache( Sincerely, Greg Gibson, Ed.D. Superintendent of Schools Enclosure: Proposed SRO Amendment June 16, 2015 Price Index for All Urban Consumers ibility to provide canine services your �urrently the CPI -U is in the negative our CPI clause reference in paragraph, i a timely manner for future budgeting months ending January or February. the base payment by the percent change in the eriod. This is calculated by first determining the ing the percent change. The following example scalation index is in the best interest of this agreement, amending the es in Consideration in those years where the CPI may take deep drops or Therefore we propose limiting a reduction in Consideration escalation to contract year and a CPI cap or ceiling increase of five percent (5 %) per rent and return an executed copy if you are in agreement. SCUCISD Mission Statement Schertz-Cibolo- Universal City ISD provides a safe, secure and challenging learning environment, through the responsible use of all resources, to afford opportunities for all students to realize their individual potential and to become responsible and productive members of society. C KoLnI104 I Ed 10102 L11 ' • 1 City Council Meeting: July 07, 2015 Department: Public Works Agenda No. 10 Subject: Resolution No. 1.5 -R -59 - A Resolution by the City of Schertz authorizing the City Manager to enter into an agreement retaining the services of Mr. David Klein of Lloyd Gosselink Attorneys at Law to handle matters associated with the protest of a wastewater discharge permit application and the decertification of territory within the corporate boundaries of the City of Schertz from the water and or wastewater certificates of convenience and necessity held by the Green Valley Special Utility District. flam The cities of Schertz and Cibolo have cooperatively joined with the Cibolo Creek Municipal. Authority (CCMA) to build a wastewater treatment plant located on Trainer Hale Road just off Interstate 10. CCMA has begun the permitting process for this new plant with the Texas Commission on Environmental Quality. Also, both cities and CCMA have reached out to the Green Valley Special Utility District, whose Certificates of Convenience and Necessity (CCN) overlap significant portions of Cibolo, Schertz and CCMA's CCN's, to seek their involvement in this new discharge plant for their wastewater treatment needs in lieu of them building another plant along the Cibolo Creek. The staff of the GVSUD has previously stated they would like to utilize the CCMA plant to avoid the cost and licensing necessary to open their own facility and thereby avoid any potential conflicts between the in- process CCMA plant and a future GVSUD plant. This would also benefit GVSUD further because they have very limited wastewater infrastructure within this southern area so they could concentrate on the transmission of their customer's wastewater and leave the treatment and discharge to CCMA. Additionally, this would help both cities and CCMA because of the overlapping CCN's and a possible negative consequence to CCMA's in- progress permit process by the initiation of a second TCEQ permit. CCMA's new treatment plant is vital to our development needs south of FM 78 in both Cibolo and Schertz. Any delay, or the possible rejection of CCMA's permit by TCEQ as a result of multiple permit applications across the same territory could have long -range consequences to both communities. On June 4, we were notified that despite our conversations, the GVSUD had submitted a wastewater treatment and discharge application to TCEQ on April 1, 2015 to construct a plant on the Santa Clara Creek that flows into the Cibolo Creek. Part of the public notice of this permit process gives both cities and CCMA the opportunity to make public comment and to submit a request for a contested hearing if appropriate. After two meetings with the City of Cibolo staff, we have concluded that moving forward jointly in protesting this application would be both cost effective as well as positive in demonstrating the commitment of both cities in working toward a regional cooperative plan for our wastewater needs. CCMA recommended Mr. David Klein, an attorney with Lloyd Gosselink Attorneys at Law who is an expert in water and wastewater CCN and permitting processes. Mr. Klein has worked for several years as an attorney with TCEQ before joining Lloyd Gosselink. After meeting jointly with Mr. Klein and the City of Cibolo, city staff would recommend that the City Council authorize the City Manager to retain the services of Mr. Klein for attorney services related to water and wastewater issues that would include but not be limited to formally protesting the GVSUD discharge permit, requesting a public hearing in Schertz with TCEQ and potentially filing a contested case hearing if necessary. Additionally, Mr. Klein may be used to decertify GVSUD's wastewater CCN territory that is within the corporate boundaries of the City of Schertz. GOAL To retain the services Mr. David Klein of Lloyd Gosselink Attorneys at Law for services related to CCN's and permitting processes of Green Valley Special Utility District. FISCAL IMPACT Mr. Klein's hourly rate is $250. His associate who will be assisting him, Christie Dickenson's rate is $225 an hour and his para -legal will be billed at $115 per hour. Although we do not have an estimate of the number of hour's necessary to complete this process, Mr. Klein has assured us that by working jointly with Cibolo, we will minimize the amount of research and preparatory work needed to be done. These charges will be paid from the Legal Services line item within the Water Enterprise Fund Budget. RECOMMENDATION Staff recommends Council approve Resolution 15 -R -59. ATTACHMENTS Resolution 15 -R -59 RESOLUTION NO. 15 -R -59 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A LEGAL SERVICES AGREEMENT WITH LLOYD GOSSELINK ATTORNEYS AT LAW, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City requires legal services relating to wastewater permitting issues, and WHEREAS, City staff has determined that Attorney David Klein with Lloyd Gosselink Attorneys at Law is uniquely qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Lloyd Gosselink Attorneys at Law pursuant to the Letters of Engagement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Letters of Engagement with Lloyd Gosselink Attorneys at Law 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 7th day of July, 2015. . CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50077397.1 50077397.1 A -1 Lloyd 8 16 Congress Avenue, Suits 1 900 } Austin „Texas 78701 Telephone. (S 12) 32.2 -5 00 u(----)ssel1nK1 Facsimile: (512) 472 -0532 2ATTORN13YSAT r. A h' wwwlglawfirm.com Mr. Klein's Direct Line: (5 12) 322-5818 Elmairt dkleinri,tglaw irm.coni June 23, 2015 Mr. Dudley Wait, Executive Director. Operations VIA FIRST CLASS MAIL City of Sc}hertr 141111 Schertz Parkway: Schertz, Texas 78154 Re: City of Schertz — CCN Decertification; Billing File Number 3530 -01 Dear Mr. Wait: We want to express our appreciation for the opportunity you have given our farm to work with you. As part of our routine Ili opening new files, and in part to comply with the provisions of Texas Local Government Code Chapter 176, we provide clients with an engagement letter, The purpose of this letter is to set forth our, understanding of the legal services to be performed by us for this engagement and the basis upon which we will be paid for those services. This letter confirms that Lloyd Gossel nk Rochelle & Townsend, P.C. ("Lloyd Gosselia ” ) Nvill represent the City of Schertz (the "City' or "Scher•tz ") with respect to assisting the City with negotiating a CCN transfer agreement and/or preparing, filing and prosecuting one or more CCN certification or decertification applications) of Green Valley Special Utility= District under Texas Water Code, Chapter 13 (the "Matter "). Our acceptance of this representation (tile "Representation") becomes effective upon our receipt of an executed copyF of this agreement. Terms of Engagement This letter sets out the terms of our enuagernent in the Representation. Certain of those terms are included in the body of this letter, and additional terns are contained in the attached document, entitled Additional ttonal "I'er ms gl'Engagrei lent, dated August 27, 2013, That document is expressly incorporated into this letter, and it should be read carefully. The execution and return of the enclosed copy of this letter constitutes an agreement to all the terms set forth in this letter and in the attached Ad tiara Terms gf.Engagetnent. It is understood and agreed that our engagement is limited to the Representation, and our acceptance of this engagement does not imply any undertaking to provide legal services other than those set forth in this letter, Llovd Gosselinh Unpgernent Letter r.9 4795716. Lloyd Goss blink Roche-Ile & Towns rid, P. C Mr. 'Dudley Wait June 23, 201 Page ? Personnel Who Will Be Orkin on the Matter I will be the attorney in charge of the Representation. Christie Dickenson and I will be working o n the Matter. You may call, write, or e -mail nee whenever you have any questions about the :Representation. Other firm personnel, including firm lawyers and paralegals, will participate in the Representation if, in our judgment, their participation is necessary or appropriate.. Legal Fees and Other Charges Our fees in the Matter will be based on the time spent by firm personnel, primarily firm lawyers or paralegals, who participate in the Representation We will charge for all time spent by such personnel in the Representation in increments of tenths of an hour. We charge for time spent in activities including but not limited to the following telephone and office conferences with clients, representatives of clients, opposing counsel, and others; conferences among our attorneys and paralegals; factual investigation, if needed, legal research; file management; responding to requests fron'i you that we provide infon— nation to you or your auditors; drafting letters and other documents; and travel, if needed. Legal fees and costs are difficult to estimate. Accordingly, we have made no commitment concerning the fees and charges that will be necessary to resolve or complete the Representation, although we will make every effort to manage fees and costs by working efficiently and cost - effectively. My time is billed at the rate of 250 per hour. My == associate, Christie Dickenson and paralegal, Lissette Ruiz, will be working with me and their time will be billed at the rate of 225 and $115 per hour, respectively. Other lawyers, paralegals and other personnel may be assigned as necessary to achieve proper staffing. We utilize briefing clerks, paralegals, file clerks and other support personnel to perform those tasks not requiring the time of any attorney. Their time is billed at an amount determined by the experience of the individual. The foregoing rates may be adjusted annually and, if so, will be noted on your bill. We will submit all out -of- pocket expenses incurred for reimbursement, Usually we ask the client to pay directly all filing fees, charges for consultants, etc. due to the size of such fees and to avoid the client incurring our overhead charge. We endeavor to have a- statement of services rendered and expenses incurred by the 15th of the following month. Full payment is due on receipt of the statement. Conflicts of Interest Before accepting the Representation, we have undertaken reasonable and >eustonlary efforts to determine whether there are any potential conflicts of interest that would bar our firer► from representing your in the Matter_ As you know, my law' - firm and I have represented C_ryibolo Creek Municipal Authority ( "CCMA ") and the City of Cibolo ( "Cibolo ") on a variety of issues, including eater and wastewater matters, and we continue to provide such services to CCMA and Lloyd GosseIink Engagemem Getter 1.72 47+ 5716,1 Mr. Dudley Wait June 23. 2015 Page 3 Cibolo. I expect that Schertz ; recognizes that there exists the possibility, however remote, that a conflict of interest with CCMA or Cibolo or their interests may arise during or following our- Representation of Schertz in the Matter. Of course, if at any time during the Representation l become aware of a potential or actual conflict of interest between CCMA, Cibolo and Schertz, 1 will so apprise you. Similarly, if" during the representation you should become aware of a potential or actual conflict, I`. trust you will so advise me. Linder either of such circumstances, Schertz, in its side discretion, obviously has the right to terminate this employment agreement and our Representation. However. given my firrn7s representation of CCMA and Cibolo, I < °alcl request an acknowledoe - nient that my lam #ire will continue to have the ability and right to represent CCMA and Cibolo on non - Matter issues, should CCMA or Cibolo so request. Sc.hertz's approval of this employment agreement will so acknowledge and affirm my law firm's right to continue its representation of CCMA and Cibolo, in accordance with the terms of this paragraph. Additionally, in order that we comply with the requirements of Chapter 176 of the Texas Local Government Cade and House Dill 1491, enacted by the (Ise' Texas Legislature in 007, we have performed an internal conflicts of interest inquiry, used on the information available to us, we are not aware of any potential disqualification. We reviewed that issue in accordance with the rules of professional responsibility adopted in Texas. Conclusion This letter- and the attached Additional Tckrnis cif I'ngc einent constitute the entire terms of the engageme nt of Lloyd Gosselink Rochelle -& Townsend. P.C. in the Representation, These written ter ms of engagernent are not subject to any oral agreements or understandings, and they can be modified only by further written agreement signed both by you and Lloyd Gosselink Rochelle & Townsend, P.C. runless expressly stated in these terms of engagement, no obligation or undertaking shall be implied on the part of` either you or Lloyd Gosselink Rochelle Townsend:, P.C. Please carefully= review this document, which includes this letter and the attached Adc,litr°onal Terais Qf Engc cqe en(. If there are any questions about these terms of engagement, t, or if these terms are inaccurate in any way, please let me ]snow immediately. If acceptable, we would appreciate you signing and returning the enclosed duplicate original of this document. Sincerely, Davrid J. Klein DJK/dsr Enclosures Uoyd Gosselink, Ungagement Low 1,92 4795716.1 Mr. Dudley Wait June 23, 2015 Page 4 AGREED AND ACCEPTED: John C. Kessel, City Manager Date Lloyd Gosselink Engagement Letter 1.92 4795716.1 Additional Terms of Engagement This supplement to our engagement letter sets out additional terms of our agreement to provide the representation described in our engagement. Because these additional terms of engagement are a part of our agreement to provide legal services, you should review them carefully and should promptly communicate to us any questions concerning this document. We suggest that you retain this statement of additional terms along with our engagement letter and any related documents. The Scope of the Representation As lawyers, we undertake to provide representation and advice on the legal matters for which we are engaged. It is important for our clients to have a clear understanding of the legal services that we have agreed to provide. Thus, if there are any questions about the scope of the Representation that we are to provide in the Matter, please raise those questions promptly, so that we may resolve them at the outset of the Representation. Any expressions on our part concerning the outcome of the Representation, or any other legal matters, are based on our professional judgment and are not guarantees. Such expressions, even when described as opinions, are necessarily limited by our knowledge of the facts and are based on our views of the state of the law at the time they are expressed. Upon accepting this engagement on your behalf, Lloyd Gosselink Rochelle & Townsend, P.C. agrees to do the following: (1) provide legal counsel in accordance with these terms of engagement and the related engagement letter, and in reliance upon information and guidance provided by you; and (2) keep you reasonably informed about the status and progress of the Representation. To enable us to provide effective representation, you agree to do the following: (1) disclose to us, fully and accurately and on a timely basis, all facts and documents that are or might be material or that we may request, (2) keep us apprised on a timely basis of all developments relating to the Representation that are or might be material, (3) attend meetings, conferences, and other proceedings when it is reasonable to do so, and (4) otherwise cooperate fully with us. Our firm has been engaged to provide legal services in connection with the Representation in the Matter, as specifically defined in our engagement letter. After completion of the Representation in the Matter, changes may occur in the applicable laws or regulations that could affect your future rights and liabilities in regard to the Matter. Unless we are actually engaged after the completion of the Representation to provide additional advice on such issues, the firm has no continuing obligation to give advice with respect to any future legal developments that may pertain to the Matter. It is our policy and your agreement that the person or entity that we represent is the one identified in our engagement letter, and that our attorney - client relationship does not include any related persons, employees of the client, or related entities. Who Will Provide the Legal Services As our engagement letter confirms, Lloyd Gosselink Rochelle & Townsend, P.C. will represent you in the Matter. Lloyd Gosselink Rochelle & Townsend, P.C. is a Texas professional corporation. Although our firm will be providing legal services, each client of the firm customarily has a relationship principally with one attorney, or perhaps a few attorneys. At the same time, however, the work required in the Representation, or parts of it, may be performed by other firm personnel, including lawyers and paralegals. Such delegation may be for the purpose of involving other firm personnel with experience in a given area or for the purpose of providing services on an efficient and timely basis. Page 1 August 27, 2013 Communication and Confidentiality In keeping with technological advancements and the corresponding demands of clients, it is the practice of the firm to use electronic (email) correspondence from time to time to communicate and to transmit documents. As such, the possibility exists that electronic transmissions could be intercepted or otherwise received by third parties and lose their privileged nature if the method of communication is ruled to lack sufficient confidentiality. As with any correspondence regarding legal representation, regardless of the manner of transmission, we urge you to use caution in its dissemination in order to protect its confidentiality. By signing below, you agree that we may use email in the scope of the Representation. We recognize our obligation to preserve the confidentiality of attorney - client communications as well as the client confidences, as required by the governing rules of professional responsibility. If the Matter involves transactions, litigation or administrative proceedings or like proceedings in which our firm appears as counsel of record for you in publicly available records, we reserve the right to inform others of the fact of our representation of you in the Matter and (if likewise reflected or record in publicly available records) the results obtained unless you specifically direct otherwise. Periodically, the firm is asked to provide a Representative Client List to prospective clients and in various legal directories (e.g., Martindale- Hubbell and the Texas Legal Directory). Unless you advise us to the contrary, we may disclose to third parties the fact that our firm represents you. Lloyd Gosselink is not requesting authorization to disclose any privileged information obtained during its representation. Disclaimer Lloyd Gosselink Rochelle & Townsend, P.C. has made no promises or guarantees to you about the outcome of the Representation of the Matter, and nothing in our engagement letter or these terms of engagement shall be construed as such a promise or guarantee. Termination At any time, you may, with or without cause, terminate the Representation by notifying us in writing of your intention to do so. Any such termination of services will not affect the obligation to pay for legal services rendered and expenses and charges incurred before termination, as well as additional services and charges incurred in connection with an orderly transition of the Matter. We are subject to the codes or rules of professional responsibility for the jurisdictions in which we practice. There are several types of conduct or circumstances that could result in our withdrawing from representing a client, including, for example, the following: non - payment of fees or charges; misrepresentation or failure to disclose material facts; fraudulent or criminal conduct; action contrary to our advice; and conflict of interest with another client. We try to identify in advance and discuss with our clients any situation that may lead to our withdrawal. A failure by you to meet any obligations under these terms of engagement shall entitle Lloyd Gosselink Rochelle & Townsend, P.C. to terminate the Representation. In that event, you will take all steps necessary to release Lloyd Gosselink Rochelle & Townsend, P.C. of any further obligations in the Representation or the Matter, including without limitation the execution of any documents necessary to effectuate our withdrawal from the Representation or the Matter. The right of Lloyd Gosselink Rochelle & Townsend, P.C. to withdraw in such circumstances is in addition to any rights created by statute or recognized by the governing rules of professional conduct. Our engagement letter specifically explains our fees for services in the Matter. We will bill on a regular basis, normally each month, for fees and expenses and charges. It is agreed that you will make full payment within thirty (30) days of receiving our statement. We may give notice if an account becomes delinquent, and it is further agreed that any delinquent account must be paid upon the giving of such notice. If the delinquency continues and Page 2 August 27, 2013 you do not arrange satisfactory payment terms, we may withdraw from the Representation. However, any termination by either party may be subject to, or controlled by, orders of a court. Document Retention Upon completion of our work on this matter, it is our firm's policy that your original documents (e.g., permits, licenses, deeds, wills, etc.) and other client property be returned within a reasonable period of time. As to any documents so returned, we may elect to keep a copy of the documents in our stored files. Our own files, including lawyer work product pertaining to the matter, will be retained by the firm. These firm files include firm administrative records, time and expense reports, billing and accounting records, and internal work product. Internal work product includes drafts, notes, internal communications (in both paper and electronic mediums), and legal and factual research prepared for the internal use of our firm's lawyers. All documents retained by the firm will be transferred to the person responsible for administering our records retention program. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to destroy or otherwise dispose of any such documents or other materials retained by us after the completion of our work without additional notice. Charges for Expenses and Services Our invoices will include amounts for legal services rendered and for other expenses and services. Examples of other expenses and services include charges for photocopying, travel and conference expenses, messenger deliveries, computerized research, and other electronic transmissions or filings. In addition, we reserve the right to send to you for direct payment any invoices delivered to us by others, including experts and any vendors. Rates for our legal services, expenses and charges are subject to change from time to time and will be noted on your bill. In some situations, we can arrange for such services and expenses to be provided by third parties billed through our billings or by direct billing to the client. Standards of Professionalism and Attorney Complaint Information Pursuant to rules promulgated by the Texas Supreme Court and the State Bar of Texas, we are to advise our clients to the contents of the Texas Lawyer's Creed, a copy of which is attached. In addition, we are to advise clients that the State Bar of Texas investigates and prosecutes complaints of professional misconduct against attorneys licensed in Texas. A brochure entitled Attorney Complaint Information is available in our office in Austin and is likewise available upon request. A client that has any questions about the State Bar's disciplinary process should call the Office of the General Counsel of the State Bar of Texas at 1- 800 - 932 -1900 toll free. Additional Terms of Engagement 1.7 .doc Page 3 August 27, 2013 THE TEXAS LAWYER'S CREED A Mandate for Professionalism Promulgated by The Supreme Court of Texas and the Court of Criminal Appeals November 7, 1989 am a lawyer; I am entrusted by the People of Texas to preserve and improve our legal system. I am licensed by the Supreme Court of Texas. I must therefore abide by the Texas Disciplinary Rules of Professional Conduct, but I know that Professionalism requires more than merely avoiding the violation of laws and rules. I am committed to this Creed for no other reason than it is right. I. OUR LEGAL SYSTEM A lawyer owes to the administration of justice personal dignity, integrity, and independence. A lawyer should always adhere to the highest principles of professionalism. 1. I am passionately proud of my profession. Therefore, "My word is my bond." 2. 1 am responsible to assure that all persons have access to competent representation regardless of wealth or position in life. 3. 1 commit myself to an adequate and effective pro bono program. 4. 1 am obligated to educate my clients, the public, and other lawyers regarding the spirit and letter of this Creed. 5. 1 will always be conscious of my duty to the judicial system. A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer shall employ all appropriate means to protect and advance the client's legitimate rights, claims, and objectives. A lawyer shall not be deterred by any real or imagined fear of judicial disfavor or public unpopularity, nor be influenced by mere self- interest. 1. 1 will advise my client of the contents of this Creed when undertaking representation. 2. 1 will endeavor to achieve my client's lawful objectives in legal transactions and in litigation as quickly and economically as possible. 3. 1 will be loyal and committed to my client's lawful objectives, but I will not permit that loyalty and commitment to interfere with my duty to provide objective and independent advice. 4. 1 will advise my client that civility and courtesy are expected and are not a sign of weakness. 5. 1 will advise my client of proper and expected behavior. 6. 1 will treat adverse parties and witnesses with fairness and due consideration. A client has no right to demand that I abuse anyone or indulge in any offensive conduct. 7. 1 will advise my client that we will not pursue conduct which is intended primarily to harass or drain the financial resources of the opposing party. 8. 1 will advise my client that we will not pursue tactics which are intended primarily for delay. 9. 1 will advise my client that we will not pursue any course of action which is without merit. 10. 1 will advise my client that I reserve the right to determine whether to grant accommodations to opposing counsel in all matters that do not adversely affect my client's lawful objectives. A client has no right to instruct me to refuse reasonable requests made by other counsel. 11. 1 will advise my client regarding the availability of mediation, arbitration, and other alternative methods of resolving and settling disputes. 1111. LAWYER TO LAWYER A lawyer owes to opposing counsel, in the conduct of legal transactions and the pursuit of litigation, courtesy, candor, cooperation, and scrupulous observance of all agreements and mutual understandings. III feelings between clients shall not influence a lawyer's conduct, attitude, or demeanor toward opposing counsel. A lawyer shall not engage in unprofessional conduct in retaliation against other unprofessional conduct. 1. 1 will be courteous, civil, and prompt in oral and written communications. 2. 1 will not quarrel over matters of form or style, but I will concentrate on matters of substance. 3. 1 will identify for other counsel or parties all changes I have made in documents submitted for review. 4. 1 will attempt to prepare documents which correctly reflect the agreement of the parties. I will not include provisions which have not been agreed upon or omit provisions which are necessary to reflect the agreement of the parties. 5. 1 will notify opposing counsel, and, if appropriate, the Court or other persons, as soon as practicable, when hearings, depositions, meetings, conferences or closings are cancelled. 6. 1 will agree to reasonable requests for extensions of time and for waiver of procedural formalities, provided legitimate objectives of my client will not be adversely affected. 7. 1 will not serve motions or pleadings in any manner that unfairly limits another party's opportunity to respond. 8. 1 will attempt to resolve by agreement my objections to matters contained in pleadings and discovery requests and responses. 9. 1 can disagree without being disagreeable. I recognize that effective representation does not require antagonistic or obnoxious behavior. I will neither encourage nor knowingly permit my client or anyone under my control to do anything which would be unethical or improper if done by me. 10. 1 will not, without good cause, attribute bad motives or unethical conduct to opposing counsel nor bring the profession into disrepute by unfounded accusations of impropriety. I will avoid disparaging personal remarks or acrimony towards opposing counsel, parties and witnesses. I will not be influenced by any ill feeling between clients. I will abstain from any allusion to personal peculiarities or idiosyncrasies of opposing counsel. 11. 1 will not take advantage, by causing any default or dismissal to be rendered, when I know the identity of an opposing counsel, without first inquiring about that counsel's intention to proceed. 12. 1 will promptly submit orders to the Court. I will deliver copies to opposing counsel before or contemporaneously with submission to the court. I will promptly approve the form of orders which accurately reflect the substance of the rulings of the Court. 13. 1 will not attempt to gain an unfair advantage by sending the Court or its staff correspondence or copies of correspondence. 14. 1 will not arbitrarily schedule a deposition, Court appearance, or hearing until a good faith effort has been made to schedule it by agreement. 15. 1 will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any party. 16. 1 will refrain from excessive and abusive discovery. 17. 1 will comply with all reasonable discovery requests. I will not resist discovery requests which are not objectionable. I will not make objections nor give instructions to a witness for the purpose of delaying or obstructing the discovery process. I will encourage witnesses to respond to all deposition questions which are reasonably understandable. I will neither encourage nor permit my witness to quibble about words where their meaning is reasonably clear. 18. 1 will not seek Court intervention to obtain discovery which is clearly improper and not discoverable. 19. 1 will not seek sanctions or disqualification unless it is necessary for protection of my client's lawful objectives or is fully justified by the circumstances. VAW_\YM /4"Mi1k' I1 0I01-DZrL Lawyers and judges owe each other respect, diligence, candor, punctuality, and protection against unjust and improper criticism and attack. Lawyers and judges are equally responsible to protect the dignity and independence of the Court and the profession. 1. 1 will always recognize that the position of judge is the symbol of both the judicial system and administration of justice. I will refrain from conduct that degrades this symbol. 2. 1 will conduct myself in court in a professional manner and demonstrate my respect for the Court and the law. 3. 1 will treat counsel, opposing parties, witnesses, the Court, and members of the Court staff with courtesy and civility and will not manifest by words or conduct bias or prejudice based on race, color, national origin, religion, disability, age, sex, or sexual orientation. 4. 1 will be punctual. 5. 1 will not engage in any conduct which offends the dignity and decorum of proceedings. 6. 1 will not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities to gain an advantage. 7. 1 will respect the rulings of the Court. 8. 1 will give the issues in controversy deliberate, impartial and studied analysis and consideration. 9. 1 will be considerate of the time constraints and pressures imposed upon the Court, Court staff and counsel in efforts to administer justice and resolve disputes. Order of the Supreme Court of Texas and the Court of Criminal Appeals The conduct of a lawyer should be characterized at all times by honesty, candor, and fairness. In fulfilling his or her primary duty to a client, a lawyer must be ever mindful of the profession's broader duty to the legal system. The Supreme Court of Texas and the Court of Criminal Appeals are committed to eliminating a practice in our State by a minority of lawyers of abusive tactics which have surfaced in many parts of our country. We believe such tactics are a disservice to our citizens, harmful to clients, and demeaning to our profession. The abusive tactics range from lack of civility to outright hostility and obstructionism. Such behavior does not serve justice but tends to delay and often deny justice. The lawyers who use abusive tactics, instead of being part of the solution, have become part of the problem. The desire for respect and confidence by lawyers from the public should provide the members of our profession with the necessary incentive to attain the highest degree of ethical and professional conduct. These rules are primarily aspirational. Compliance with the rules depends primarily upon understanding and voluntary compliance, secondarily upon reenforcement by peer pressure and public opinion, and finally when necessary by enforcement by the courts through their inherent powers and rules already in existence. These standards are not a set of rules that lawyers can use and abuse to incite ancillary litigation or arguments over whether or not they have been observed. We must always be mindful that the practice of law is a profession. As members of a learned art we pursue a common calling in the spirit of public service. We have a proud tradition. Throughout the history of our nation, the members of our citizenry have looked to the ranks of our profession for leadership and guidance. Let us now as a profession each rededicate ourselves to practice law so we can restore public confidence in our profession, faithfully serve our clients, and fulfill our responsibility to the legal system. The Supreme Court of Texas and the Court of Criminal Appeals hereby promulgate and adopt "The Texas Lawyer's Creed -- A Mandate for Professionalism" described above. In Chambers, this 7th day of November, 1989. The Supreme Court of Texas Thomas R. Phillips, Chief Justice Franklin S. Spears, Justice C. L. Ray, Justice Raul A. Gonzalez, Justice Oscar H. Mauzy, Justice Eugene A. Cook, Justice Jack Hightower, Justice Nathan L. Hecht, Justice Lloyd A. Doggett, Justice The Court of Criminal Appeals Michael J. McCormick, Presiding Judge W. C. Davis, Judge Sam Houston Clinton, Judge Marvin O. Teague, Judge Chuck Miller, Judge Charles F. (Chuck) Campbell, Judge Bill White, Judge M. P. Duncan, 111, Judge David A. Berchelmann, Jr., Judge Lloyd 816 ongress Avenue, Suite 1900 Austin,Texas 78701 Gosselink Telephone: (S 12) 322-5800 Facsimile. (512) 472 -0532 A I' T () R N E Y" S A `T` 1- A W www.igtawfirm.com r Mr. Kicin's Direct Line (5 12) 322-5919 Eniaih dkicin ea ,,lb) .iix=lirirr.aom June 2' ), 2015 Mr. Dudley Wait, Executive. Director. Operations VIA FIRST T BAS S ]"MAIL City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Re: Supplement to Engagement Letter — GVSUD TPDES Permit; Billing File number: 3530 -02 Tear Mr. Wait: We appreciate the confidence you have shown in us by recently requesting additional legal services from our crni f o r ' various reasons it is necessary for our firm to specifically enu merate those natters on which we are working. The purpose of this letter is to set forth our understanding of the legal services to be performed by us and is a Supplen -lent to the original Engagement Letter. This letter confirms, that Lloyd Gosselink Rochelle & Townsend, P.C. ( "Lloyd Gosselink ") will represent the City of Schertz (the "City " or "Schertz" ) with respect to assisting the City with protesting, Green Valley Special Utility District's application for a TPDES Permit (the "Matter " ). Furthermore, this letter is Our notice to you regarding our acceptance of this representation (the ' "Representation "). Terms of Engagement Our original Engagement Letter and the Additional Terms qf* L'tigagernent attached thereto set out the terms of our engagement in the Representation, This letter is expressly incorporated into that document. It is understood and agreed that our engagement is timited to the Representation, and our acceptance of this engagement does not imply any undertaking to provide legal services other than those set forth in the original Engagement Vetter and all Supplements thereof. Personnel Who Will Be Working on the Matter I will be the attorney in charge of the Representation, and I will be working on` the Matter. You may call, write, or e -mait me whenever you have any questions about the Representation. "Other firm personnel. including firm laxvyers and paralegals, will participate in the Representation if, in ourjud meat, their participation is necessary or appropriate. 47957211 Mr. Dudlev Waif .June 23, 261 Page ? Conflicts of Interest Before accepting the Representation, we have undertaken reasonable and customary efforts to determine whether there are any potential conflicts of interest that would bar our fire from representing you in the Matter. As you know, my law firer and I Have represented Cibolo Creek. Municipal Authority ( "CCMA ") and the City of Cibolo ("Cibolo") on a variety of issues, including water and wastewater matters, and we continue to provide such services to C'CMA and Cibolo. I expect that Schertz recognizes that there exists the possibility, however remote, that a conflict of interest with COMA or Cibolo or their interests may arise; during or following our Representation of Schertz in the Matter, OF course, if at any time daring the Representation I become aware of a potential or actual conflict of interest between ! CMA, Cibolo and Schertz, I will so apprise you, Similarly=, if during the Representation you should become aware of a potential or actual conflict, I trust yotr Will so advise me. Lender either of such circumstances, Schertz, in its stile discretion, obviously has the right to terminate this erriployment agreement and our Representation. However, given my firm's representation of CC "MA and Cibolo, I would request an acknowl edge nlent that my law firm will continue to have the ability and right to represent COMA and Cibolo on non- Matter issues, should CCMA" or Cibolo so request. ch rta's approval of this employment agreement will so acknowledge and affirm my law firm's right to continue its representation of CC`MA and Cibolo, in accordance with the terms of this paragraph. Additionally, in Larder that we comply with the requirements of Chapter 176 of the Texas Local Government Code and House Dill 1491, enacted by the 80"' Texas Legislature in 2007, we have perfor�nred an internal conflicts of interest inquiry. Based oil the information available to us, we are not aware of any potential disqualification. We reviewed that issue in accordance with the rules of professional responsibility adopted in Texas. Conclusion This letter is appended to, and made a pail of, our original Engagement letter and the Additional tTcFrnis Qf Engageinelat attached thereto, and too'ether v6t;h all other Supplements constitute the entire terms of the eng agerx ent of Lloyd Gosselink Rochelle & Townsend, P.C. in the Representation. These written terms of engagement are not subject to any oval agreements or understandings, and they can be modified only by further written Supplement. unless expressly stated in these terms of engagement, no obligation or undertaking shall be implied on the part of either you or Lloyd Gosselink Rochelle & Townsend, P.C. If there are any questions about these terms of` engagement, or if these terns are inaccurate in any way, please let rile know immediately. Sincerely, David J. Klein l Tf /dsr