Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
07-28-2015 Agenda with backup
City Council Agenda REGULAR SESSION CITY COUNCIL JULY 28, 2015, 6:00 P.M. I : El A 110i - 1� l i N U214 i We go /_\►I 11917.y 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Minister Allen Green, Resurrection Baptist Church) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /B. Cantu) • Announcements and recognitions by City Manager (J. Kessel) Workshop • Presentation and discussion regarding the Class & Compensation Study prepared by Evergreen Solutions. (J. Kessel/J. Ling) 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. 07 -28 -2015 Council Agenda Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a. future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered 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 Regular Meeting of July 21, 2015. (J. Kessel /B. Dennis) 2. Ordinance No. 15 -F -17 — Consideration and/or action approving an Ordinance and adopting new regulations regarding the collection and disposition of Solid Waste and Recyclable Material in the City. Final Reading (D. Wait /J. Bierschwale/J. Hooks /D. Letbetter) 3. Ordinance No. 15 -F -18 — Consideration and/or action approving an Ordinance Granting Cibolo Waste Incorporated, DBA Bexar Waste Inc., a Franchise for Municipal Solid Waste Collection, Recycling, and Household Hazardous Waste Collection and Disposal Program. Final Reading (D. Wait /J. Bierschwale /J. Hooks /D. Letbetter) Discussion and Action items 4. Ordinance No. 15 -E -22 — Consideration and /or action approving an Ordinance calling a General and Special Election to be held in the City of Schertz on November 3, 2015 for the purpose of electing Councilmembers for Places 3, 4 and 5 and calling a Home Rule Charter Amendment Election to be held in the City on such date; making provision for the conduct of the election; authorizing contracts with the Elections Administrators of Bexar and Guadalupe Counties to conduct this election; authorizing the election to be held as a Joint Election. First Reading (B. Dennis /C. Zech /Council) 5. Ordinance No. 15 -E -23 — Consideration and/or action approving an Ordinance calling a Bond Election to be held in the City of Schertz, Texas; making provision for the conduct of a Joint election; and resolving other matters incident and related to such election. First Reading (B. Dennis /J. Kuhn /Council) 6. Resolution No. 15 -R -62 — Consideration and /or action approving a Resolution authorizing the City Manager to execute a License Agreement with Stars Cheer & Tumbling Academy for parking spaces located at 1298 Borgfeld Road. (B. Cantu /J. Santoya /J. Kurz) 07 -28 -2015 City Council Agenda Page - 2 - 7. Resolution No. 15 -R -63 — Consideration and /or action approving a Resolution authorizing a contract with Hood Communications, Inc., for Phase One of the City Wireless Network Project. (B. James /M. Clauser) 8. Resolution No. 15 -R -64 — Consideration and /or action approving a Resolution authorizing an amendment of an agreement with Austex Tree Services, Inc. for Tree Pruning services. (B. James /C. Van Zandt) 9. Ordinance No. 15 -C -20— Conduct a Public hearing and consideration and/or action approving an Ordinance amending the Schertz Code of Ordinances, Chapter 18, PH Buildings and Building Regulations, by repealing existing International Codes and adopting new International Codes and adopting the revised Schertz Code of Ordinance, Chapter 18, Building and Building Regulations. First Reading (B. James /M. Sanchez /G. Durant) 10. Ordinance No. 15 -C -21 — Conduct a Public hearing and consideration and /or action approving an Ordinance amending the Schertz Code of Ordinances, Chapter 30, Fire PH Prevention and Protection, by repealing existing International Codes and adopting new International Codes and adopting the revised Schertz Code of Ordinance, Chapter 30, Fire Prevention and Protection. First Reading D. Wait /D. Covington/J. Perry) Roll Call Vote Confirmation Requests and Announcements 11. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 12. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 1.3. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Adiournment 07 -28 -2015 City Council Agenda Page - 3 - 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 24th DAY OF JULY 2015 AT 3:45 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. P,revkA2 Deo ouibs Brenda 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 fisted above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL 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 07 -28 -2015 City Council Agenda Page - 4 - Schertz Housing Board Liaison Sweetheart Advisory Committee Randolph Joint Land Use Study QLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember John — Place 3 Councilmember Thompson Place 5 Lone Star Rail District Audit Committee 07 -28 -2015 City Council Agenda Page - 5 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: July 28, 2015 Department: Subject: City Secretary Minutes The City Council held a Regular meeting on July 21, 2015. WLTG • �On None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of July 21, 2015. Minutes — Regular meeting July 21, 2015. Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: July 28, 2015 Department: Fire Department Subject: Ordinance No. 15 -C -21 — Conduct a Public hearing and consideration and/or action approving an Ordinance amending the Schertz Code of Ordinances, Chapter 30, Fire Prevention and Protection, by amending existing International Fire Codes and adopting new International Fire Codes and adopting the revised Schertz Code of Ordinance, Chapter 30, Fire Prevention and Protection. First Reading (D. Wait, D. Covington, J. Perry) BACKGROUND Goal The City Council has determined a need to revise current building and fire codes with regard to fire, building, fuel /gas and electrical requirements. The revisions proposed are intended to ensure the proper construction and life safety of structures built in the City and to follow compliance with the requirements of the Insurance Service Office Inc. Community Benefit It is the City's desire to protect the safety and welfare of the community through regulation of certain construction activities within the City. 50077367.2 Summary of Recommended Action Fire Department staff researched target cities and several surrounding cities on the codes they are operating under and have recently adopted. During the research amendments taken by these target cities were noted and compared to current City adopted codes. The City of Schertz is currently under the 2006 International Fire Code (IFC). Purpose of the IFC is for construction and occupancy safety as well as sets a minimum safety standards for occupancy. Additionally, the IFC covers life safety for both the occupants and responders. With the adopted amendments to the IFC 2012 the City will be in line with surrounding cities and for building construction and life safety. A workshop was held at the May 26, 2015 . City Council meeting for discussion and comments related to the IFC amendments. Fire Department staff attended construction industry meetings that were held to include attendance by GSABA members on July 13 and 14, 2015. Amendments were sent to City Legal staff for review and approval. Schertz Code of Ordinances, Chapter 30, Fire Prevention and Protection amendments include: • Amending Article II Fire Marshal - Section 30 -22 — Responsibilities 1. Clarified the designees of the Fire Marshal and their role as it pertains to state certified peace officer and the Fire Code. This allows enforcement of the Code by a greater number of personnel for safety reasons. • Amending Article IV Fireworks Code — Section 30 -64 Fireworks Prohibited 1. Amended section to follow with State laws. • Amending V Fire Prevention Code 1. Amended Section 30 -81 Fire Prevention. Code to adopt International Fire Code 2012 and pertinent appendices. 2. Amended Section 30 -82 Amendments to adopt proposed amendments to the International Fire Code 2012. • Amending Article VI Life Safety Code 1. Amended to adopt most current edition of National Fire Protection Association Standard 101 — Life Safety Code. 50077367.2 FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission reviewed the changes proposed at their regular meeting of July 22, 2015 . and offered a recommendation of approval. Staff recommends that the public hearing be conducted and that the first reading of Ordinance 15 -C -21 amending the Schertz Code of Ordinances, Chapter 30, Fire Prevention and Protection by amending existing International Codes and adopting new International Codes and adopting the revised Schertz Code of Ordinances, Chapter 30, Fire Prevention and Protection be approved. ATTACHMENT(S) Ordinance No. 15 -C -21 50077367.2 ORDINANCE NO. 15 -C -21 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ CHAPTER 30, FIRE PREVENTION AND PROTECTION BY AMENDING EXISTING INTERNATIONAL CODES AND ADOPTING NEW INTERNATIONAL CODES. WHEREAS, the Texas Local Governmental Code empowers the cities to enact fire codes and regulations and provide for their administration, enforcement, and amendment; and WHEREAS, the regulation of fire safety codes by the City of Schertz (the "City ") is necessary to protect the public health and welfare; and WHEREAS, the City Council of the City desires to protect the safety and welfare of the citizens of the City through regulation of construction activities fire safety compliance in the City; and WHEREAS, the City has previously adopted multiple international codes; and WHEREAS, more recent international codes have been adopted by the International Code Committee; and WHEREAS, City Staff has undertaken a review of the newly adopted international codes as compared to the City's existing codes; and WHEREAS, City Staff recommends adopting the international codes provided for herein along with certain amendments; and WHEREAS, City Staff presented the international codes provided for herein along with their amendments to the City Planning and Zoning Commission (the "P &Z ") on July 22, 2015 and WHEREAS, the P &Z voted to recommend approval of the provisions regulating construction activities set forth herein at the P &Z meeting on July 22, 2015 ; and WHEREAS, the City Council has determined that the regulation of construction activities and fire safety compliance in the City, as set forth herein, is in the best interests of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Chapter 30, "Fire Prevention and Protection" of the Code of Ordinances, City of Schertz, Texas, Articles II, IV, V and VI are hereby amended. Section 2. Amendments. Chapter 30 "Fire Prevention and Protection" of the Code of Ordinances, City of Schertz, Texas, is hereby amended to read as follows: ARTICLE II. FIRE MARSHAL Sec. 30 -22. — Responsibilities. Is amended to read. The Fire Marshal and his designee, must be a state - certified peace officer. The Fire Marshal, and his designee, shall perform such duties as prescribed by law and other ordinances. The Fire Marshal shall be the authority having jurisdiction concerning nuisances, arson, fire prevention and/or fire code matters. ARTICLE IV. FIRE WORKS CODE. Is amended as follows. Section 30 -64. — Fireworks prohibited (a) Except as provided hereinafter, it shall be unlawful for a person to manufacture, assemble, store, transport, sell, offer or have in possession with intent to sell, use, discharge, ignite, or otherwise set in action any fireworks within the corporate limits of the city of its extfateffitefial ; sdietie (b) Except as provided hereinafter, it shall be unlawful for a person to manufacture, assemble, store, have in possession with intent to use, discharge, ignite, or otherwise set in action any fireworks within 5000 feet outside of the City's corporate limits. (c) Packaged or unopened fireworks cannot be confiscated by the municipal authority. Sec30 -67. — Seizure and disposal. Repealed. ARTICLE V. — FIRE PREVENTION CODE Sec. 30 -81. - Fire Prevention Code adopted. Is amended to read. The International Fire Code, 2012 Edition (IFC- 2012), as amended, revised and corrected, including Appendices B, C, D, F, H, I, and all future editions, revisions, amendments, and corrections, published by the International Code Council (ICC), one copy of which is on file with the city secretary, is hereby adopted and incorporated by reference as the Fire Prevention Code of the City of Schertz, subject to and including by reference such amendments as herein shall appear. Sec. 30 -82 — Amendments The International Fire Code, 2012 Edition (IFC -2012) is hereby amended as stated below. Section [A] 10 1.1 is amended to read as follows: [A] 101.1 Title. These regulations shall be known as the Fire Code of City of Schertz, hereinafter referred to as "this code ". Section [A] 102.9 is amended by adding 102.9.1 Fire ChiefAuthorization as follows: [A] 102.9.1 Fire Chief Authorization The Fire Chief is authorized to make and enforce such rules and regulations for the prevention and control of fires and fire hazards as may be necessary from time to time to carry out the intent of this Code. Section 104 GENERAL AUTHORITY AND RESPONSIBILITIES, is amended by adding Section [A] 104.1.1 entitled Authority of the Fire Chief and the Fire Department and Section [A] 104.1.2 entitled Additional Duties and Police Powers of Fire Department Members as follows: [A] 104.1.1 Authority of the Fire Chief and the Fire Department. The Fire Chief is duly authorized to act by any means he deems necessary to Protect life and property from fire hazards. The Fire Chief may delegate his power to any other member of the Fire Department. [A] 104.1.2 Additional Duties and Police Powers of Fire Department Members. In addition to the duties required or prescribed for members of the Fire Department in connection with the regular functions of such department, when so required by order of the City Manager in case of riots, floods, or other public emergencies or catastrophes or public danger of any sort, and all fires by order of the Fire Chief, Assistant Chief, Battalion Chief, or any Captain or Lieutenant of the Fire Department, each and all members of the Fire Department shall be and become vested with full Police powers and shall perform all duties required for the protection of persons or property or the preservation of public safety, peace and order. Section [A] 104.3 Right of Entry, is amended by adding subsection [A] 104.3.2 entitled Photographic Documentation to read as follows: [A] 104.3.2 Photographic Documentation. Members of the Fire Department making such examinations or inspections shall have the right, with proper credentials, and be authorized to take a reasonable number of photographs or videotapes for evidence and for records for use by the Fire Department to study hazards and scientific control for fire safety. Section [A] 105.4.2 Information on construction documents is amended by adding Section [A] 105.4.2.2 entitled Occupancy Classification Letter as follows: Al 105.4.2.2 OCCUDanev Classification Letter. Two conies of a completed "Occupanc Classification Letter" (a.k.a. "Commodities Letter ") or other approved Fire Protection report shall be submitted to the City for buildings or portions thereof that are to be used for any of the following purposes: 1. Warehousing or storage 2. Retail including rack display of products 3. Hazardous material storage and/or use 4. Manufacturing The Occupancy Classification Letter is required to be submitted 1. with the building permit submittal documents when seeking a building permit, 2. to the Fire Inspector during a Certificate of Occupancy inspection, or 3. at any other time when required by the fire code official. The Occupancy Classification Letter is to be prepared by the owner and/or tenant of the building /space in question or a registered design professional. It is to be signed, dated and on company letterhead. If the Occupancy Classification Letter is prepared by a registered design professional representing the owner and/or tenant of the building /space in question, the letter is to be countersigned y the owner and/or tenant. The Occupancy Classification Letter is to be kept on site at all times. Prior to a change in 1) the type or amount of hazardous material(s) used or stored, 2) the type or amount of storage or storage height or method, or 3) the manufacturing process, a revised Occupancy Classification. Letter is to be submitted to the Fire Chief or his designee for review. Section 105.6Required operational permits is amended by adding Section 105.6.47 Food Booths, and Section [A] 105.6.48 entitled Mobile Food Establishments as follows: [A] 1.05.6.47 Food Booths. An operational permit is required for the operation of a food booth. For permit to operate a food booth, see Section 320. [A] 105.6.48 Mobile Food Establishments. An operational permit is required for the operation and maintenance of a mobile food establishment. Small, light weight vendor push carts, as determined by the fire code official, are not covered under this section. For permit to operate a Mobile Food Establishment, see Section 321. Section [A] 105.7. 11 LP-gas is hereby amended as follows: 1A1105.7.11 LP -gas. A construction permit is required for installation of or modification to an LP -gas system that contains 120 gallons or more. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit. Section [A] 110.2 Evacuation is amended by adding [A] 110.2.1 Removal of'Occupants: [A] 110.2.1 Removal of Occupants. A member of the Fire Department is authorized to require the removal of occupants at a location when actual occupancy exceeds the permitted or posted occupant load. A person commits an offense if he refuses to obey an order to vacate. Section 111.4 (IFC -2012) Failure to comply. Such provision is hereby amended to read as follows: Section 111.4 (IFC -2012) Failure to comply "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a violation of Class C Misdemeanor. Punishable by fine not to exceed $2000 per damper offense" SECTION 202, GENERAL DEFINITIONS is amended by adding definitions and modifying existing ones as follows: SECTION 202 GENERAL DEFINITIONS Change of Occupancy is amended to read as follows: Change of Occupancy. A change in the purpose or level of activity to include change of ownership or business name, within a building that involves a change in application of the requirements of this code. Fire Lane is amended to read as follows: Fire Lane. Shall mean any area appurtenant to entrances or exits of a building deemed necessm by the Fire Chief or his designee to remain free and clear of parked vehicles for access to such building in case of fire or other emergency and designated by him as such, and may include sidewalks, driveways, portions of parking lots, or any other area adjacent to or near building entrances or exits, or and Fire Watch is amended to read as follows: FIRE WATCH .Qualified individuals are defined as State Certified Fire Inspectors assigned to the Fire Prevention Division of the City of Schertz, or, if approved by the Fire Marshal, Texas Certified Firefighters, Peace Officers, individuals employed by a private security firm, or other designated individuals whose sole duty when assigned a fire watch is to perform constant patrols of the premises and keep watch for signs of unwanted fire A written log must be maintained and personnel must have at least one approved means of notifying the fire department of fire or other emergencies. Foster Care Family Home is added as follows: FOSTER CARE FAMILY HOME shall mean a single independent residential occupancy that is the primary residence of the caregiver and licensed by the state to provide twenty four (24) hour care for six or fewer children (including those related to the care) up to the age of eighteen (18) Mobile Food Establishment is added as follows: MOBILE FOOD ESTABLISHMENT shall mean a mobile food operation using any producing equipment to cook, fry, or warm products for consumption from a motorized vehicle, towable trailer. or watercraft. OCCUPANCY CLASSIFICATION. For the purposes of this code, certain occupancies are defined as follows: [BGj Residential Group R -3 is amended to add the following: [BGj Residential Group R -3. Residential Group R -3 occupancies where the occupants are primarily permanent in nature and not classified as Group R -1, R -2, R -4 or 1, including: Foster Care Family Homes Special Event is added as follows: SPECIAL EVENT shall mean an indoor or outdoor event that, in the opinion of the Fire Code Official or their designee, meets any of the following criteria: follows: 1. Constitutes a use or occupant load ordinarily permitted by the face of the Certificate of Occupancy. 2. Requires the means of egress to be altered from a configuration that was previously approved by the Building Code Official, Fire Code Official, or their designee (e.g., installation of booths, curtains, partitions, tables /chairs, etc. or the locking of select doors to limit access to portions of a building or area). 3. Poses a condition that compromises any life safetysystems that were previously approved by the Building Code Official, Fire Code Official, or their designee (e.g., reduced lighting, increased sound levels, installation of alternate interior finishes, etc.). 4. Poses a condition that reduces the effectiveness of public safety services of any kind (e.g., Conditions that result in reduced access to fire hydrants, sprinkler riser /pump rooms, Fire Department Connections, etc.)." Section 307.1 General is amended by adding Section 307.1.2 Carrying Burning Materials as 307.1.2 Carrying Burning Materials. No person in the city shall carry or cause to be carried, in any street or other thoroughfare, any burning coal or firebrands, unless the same is shut up in a covered vessel. Section 307.4 Location. Such provision is hereby amended to read as follows: Section 307.4 Location The location and conditions for open burning shall be in accordance with rules established by the Texas Commission on Environmental Quality (y TCEQ) and in effect at the time the permit is issued. Location and conditions shall be further restricted, as follows: Forecasted wind speed of 15 mph or less; 2. Open burning shall not be allowed in residential areas on lot sizes less than three (3) acres; Open burning shall not be allowed on days subject to an "Air Quality Health Alert" or other air quality warning." 4. Failure for permit holder to keep a control burn under control through negligence, which activates an emergency response by Fire Department will require the permit holder to pav for the cost of the fire response in accordance to fees set forth in Exhibit -l- Fee Schedule. Section 308.1.4 Open flame cooking devices is amended by deleting exception 2 and 3 and renumbering as follows: 308.1.4 Open -flame cooking devices. Charcoal burners and other open -flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) or combustible construction. Exceptions: One- and two- family dwellings. Section 308 OPEN FLAMES is amended by adding Section 308.5 entitled Fire Hazard Prohibited as follows: 308.5 Fire Hazard Prohibited. In Group R, Division 1 & 2 occupancies, a person shall not construct, erect, install, maintain or use any incinerator or barbecue pit or so burn any combustible material as to constitute or occasion a fire hazard by the use or burning thereof or as to endanger the life or grope , of any person thereof. The use or burning of any such devices under the following conditions shall constitute a fire hazard and is strictly prohibited- 1. Within 10 linear feet of any combustible surface, including but not limited to decks, porches, balconies, walls, or verandas. 2. Beneath any balcony, porch, roof overhang, deck, or veranda. CHAPTER 3 GENERAL REQUIREMENTS is amended by adding a new Section 319 PARADE FLOATS to read as follows: SECTION 319 PARADE FLOATS 319.1 Decorative Materials. Decorative material on parade floats shall be noncombustible or flame retardant_ 319.2 Fire Protection. Motorized parade floats and towing apparatus shall be provided with a minimum 2 -A, 10 -B:C -rated portable fire extinguisher readily accessible to the operator. 319.3 Exhaust Pipes. Motorized float exhaust pipes must be extended past the exterior of the float and be clear of all decorative material. 319.4 Escape Hatch. Motorized floats shall be equipped with a quick escape hatch from interior driver compartments. CHAPTER 3 GENERAL REQUIREMENTS is amended by adding a new Section 320 FOOD BOOTHS as follows: SECTION 320 FOOD BOOTHS 320.1 Permits. For permit to operate a food booth, see Section 1.05.6.47. It shall be unlawful to operate a food booth without a permit. 320.2 Fire Extinguishers. One 2A -10 BC fire extinguisher shall be required for all food booths. Booths containing deep fat fryers shall have a class K portable fire extinguisher for up to four fryers having a maximum cooking medium capacity of 80 pounds each. For every additional _..group of four fryers having a maximum cooking capacity of 80 pounds each, an additional class K extinguisher will be required. For individual fryers exceeding 6 square feet in surface area, class K extinguishers will be installed in accordance with manufacturers' recommendations. All fire extinguishers shall have a current (within a year) inspection sticker from a licensed extinguisher company or provide proof that the extinguisher is new (store receipt). 320.3 Location. Food booths utilized for cooking shall have a minimum of 10 feet clearance on two sides. Booths shall not be placed in fire lanes unless otherwise approved by the fire code official. Booths shall not be placed within 10 feet of amusement rides or devices. 320.4 Cooking equipment location. Barbeque pits shall not be located within 10 feet of combustible materials. Barbeque pits shall not be located under the food booth canopy. 320.5 Acceptable Cooking Sources. The following are the only pproved cooking sources for food booths: 1_. Wood or charcoal 2. Propane 3. Natural Gas 4. Electricity 320.6 Generators. Fuel tanks shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Generators shall be isolated from contact with the public. Storage of gasoline is not allowed in or near generators or food booths. 320.7 Decorations. All decorative material shall be at least six feet away from any open flame, cooking element, or heat source or be flame resistant. 320.8 Escape route. All concession stands shall have a minimum of a three ft. aisle for emergency escpe. 320.9 Propane. All equipment used in conjunction with propane tanks must be UL Listed for the purposes in which they will be used. Tanks shall be secured to prevent falling. Tanks shall only be white or aluminum in color. Only one spare tank will be allowed in a food booth. Emptied propane tanks are to be removed from the site immediately after use. Regulators shall be attached to the tanks as close as possible. Leaks can be detected using a soqp and water solution. Tank shutoff valves and/or additional shutoff valves shall be accessible and away from the cooking appliance(s). Propane tanks shall not be within five feet of an ignition source. Propane tanks shall not be located within 10 feet of a building door or window. CHAPTER 3 GENERAL REQUIREMENTS is amended by adding a new Section 321 MOBILE FOOD ESTABLISHMENTS to read as,follows: SECTION 321 MOBILE FOOD ESTABLISHMENTS 321.1 Permits. 321.1.1 It shall be unlawful to operate mobile food establishments without a permit as required by Section 105.6.48. Annual mobile food establishment permits must be displayed in a visible location in or on the mobile food establishment. 321.1.2 Mobile food establishments left on site for more than 24 hours at carnivals fairs festivals, or other public events will be subject to Food Booth permit requirements, inspections, and fees as set forth in Section 320 and Section 105.6.47 of this code in addition to and associated with the annual mobile food establishment permits. 321.2 Fire Extinguishers - Fire extinguishers are required in mobile food establishments in accordance with sections 321.2.1 through 321.2.4 321.2.1 All mobile food vendors shall have at minimum one (2AIOBC) portable fire extinguisher mounted in a conspicuous place within the kitchen area. 321.2.2 Mobile food vendors with portable generators shall have a (3A40BQ portable fire extinguisher. _ 321.2.3 All portable fire extinguishers shall be serviced, inspected, and tagged annually. 321.2.4 In addition to any other required fire extinguisher, all mobile food vendors who deep fat shall have a class K portable fire extinguisher for up to four fryers having a maximum . cooking medium capacity of 80 pounds each. For every additional rg_oup of four fryers having maximum cooking capacity of 80 pounds each, an additional class K extinguisher will be required. For individual fryers exceeding six square feet in surface area, class K extinguishers will be installed in accordance with manufacturers' recommendations. 321.3 Use of LPG - Liquefied Petroleum Gas usage shall comply with sections 321.3.1 through 321.3.5. 321.3.1 L.P. Gas containers shall be located and secured on the exterior of the mobile food establishment, open to atmosphere or if containers are kept in compartment, said compartment must be separate from the interior food preparation area. Access must be from the exterior of the unit and compartment floor and exterior door must be vented to the atmosphere. 321.3.2 All mobile units with propane shall post a "NO SMOKING" sign next to or directly above the propane bottle and visible to the public. Such sign shall be posted with a minimum of four inch lettering. 321.3.3 Any hose used to pipe L.P. Gas to a device shall be listed by UL, FM, or other approved agency and listed specifically for LP Gas service. All couplings, fittings, and any other devices shall meet the requirements for LP Gas Service as outlined in the International Fuel Gas Code, NFPA 58 and 54, or be deemed unapproved and removed from service. 321.3.4 LPG tanks shall be located outside the mobile food establishment a minimum of five feet from the primary means of egress. 321.4 Baffles and Closures 321.4.1 All deep -fat fryers shall have a steel baffle between the fryer and surface flames of an adjacent appliance or shall maintain a 16 inch separation distance. The baffle, if installed, shall be eight inches in heir 321.5 Emergency Egress. Emergency egress shall comply with Sections 321.5.1 through Section 321.5.2.2 321.5.1 Mobile food establishments shall have a clear, unobstructed height over the aisle -way portion of the unit of at least 74 inches from floor to ceiling and a minimum of 30 inches of unobstructed horizontal aisle space. 321.5.2 Should travel distance from any portion of the interior exceed 10 feet, the mobile food establishments shall have a minimum of two exits located remote from each other and so arranged as to provide a means of unobstructed travel to the outside of the vehicle. 321.5.2.1 A secondary means of egress shall be located remote of the main exit door, with an unobstructed minimum passage of 24" X 24 " to the outside. The bottom of this secondary means of egress shall not be more than four feet above the vehicle floor or a readily accessible horizontal surface capable of supporting a weight of 300 pounds minimum opening to the outside. 321.5.2.2 The latch mechanism of any exit facility shall be operable by hand, and shall not require the use of a key or special knowledge for operation from the inside. The secondary exit shall be labeled with the word 'EXIT" with two inch minimum letters on contrasting background. 321.6 Generator Refueling 321.6.1 Refueling of generators shall be performed in an approved location not less than 20 feet from the mobile food establishment. Fuel shall be stored in a UL or FM approved flammable liquid safety container in an approved location. Generators shall be grounded in an approved method. Generators shall not be refueled in areas occupied by the public. Section 405.2 Frequency is amended by adding a new Section 405.2.1 Fire Drill Records to read as follows: 405.2.1 Fire Drills for E Occupancies. The operator of premises housing an E Occupancy shall conduct fire drills: 1. Without warning 2. In a manner requiring: a. all students to immediately leave the structure upon hearing the fire drill signal; b. a roll call by classes outside the structure; and c. doors to be closed as each area is evacuated; 3. In a manner simulating fire conditions; 4. In a manner prohibiting students from running or r playLng; 5. If approved, in a manner permitting security ecurity persons to remain inside the structure during drills; 6. Which include: a. Complete checks of each section of the structure: b. The use of varying evacuation routes; c. Occasional simulation of blocked exits; d. Provisions for calling the fire department; and e. The use of varying drill times; 7. During weather which does not pose a health threat to students; 8. As an exercise in discipline and procedure. rather than speed: and 9. By pulling a manual pull station. Section 405.2 Frequency is amended by adding a new Section 405.2.2 Fire Drills for E Occupancies to read as follows: 405.2.2 Fire Drills for E Occupancies. FIRE CHIEF'S POWER TO ORDER FIRE DRILL. The Fire Chief may require a fire drill at any E Occupancy. ate. time. Section 503. 1.1 Buildings and facilities is amended by adding Section 503.1.1.1 Access from adjacent lot as follows: 503.1.1.1 Access from adjacent lot. Where fire apparatus access roads for a building or buildings are provided from an adjacent lot, a fire lane easement or ingress /egress easement is required to be recorded on the adjacent lot's plat that is providing the common access. The adjacent lot's plat is to clearly show the easement graphically, Exception: In lieu of the graphical easement, a note maw placed on the plat that, at a minimum, states, the following: "Ingress and egress shall be provided between all adjacent lots for adequate fire department vehicle access per the City of Schertz Fire Code. The cross access shall not be blocked nor may this note be taken off the plat without written permission from the City of Schertz Director of Development Services and the Schertz Fire Department Fire Marshal." Section 503.2.1 Dimensions is amended by adding Section 503.2.1.2 Mountable Curbs are added to read as follows: 503.2.1.2 Mountable Curbs. Mountable curbs are Dermitted when aDDroved by the Fire Marshal. Section 503.2.3 Surface is amended by adding a second paragraph to read as follows: 503.2.3 Surface. Drivable grass surfaces, or other alternative drivable surfaces, are permitted when approved by the Fire Marshal or his designee and in accordance with all of the following conditions: 1. Sealed documents indicating eomDlianee with the Drovisions of 503.2.3 shall be submitted by a registered design professional for review. 2. The drivable grass surface, or alternative drivable surface, shall not be used as the primary access to the site. 3. The surface shall be capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. 4. Blue traffic reflectors shall be provided on each side of the surface every 20 feet to clearly mark its boundaries. Vegetation on and surrounding the surface shall be maintained such that said reflectors are visible at all times. 5. Sod is not permitted to be placed over the drivable base. 6. If the surface proposed is to be used as the aerial apparatus access road for the facility, concrete curbing or other approved edging, shall be installed along both sides of the portion to be used as such for enhanced lateral stability. A registered design professional shall design said curbing. Sealed drawings of the design shall be provided to the Fire Department and Development Services for review. 7. If sand or other free - flowing fill is used as a main structural component for the surface, concrete curbing or other approved edging shall be installed along both sides of the surface for material containment. A registered design professional shall design such curbing. Sealed drawings of the design shall be provided to the Fire Department and Development Services for review. A signed letter from the manufacturer shall be provided to the Fire Marshal certifying that the installation meets all requirements in the manufacturer's installations prior to issuance of the Certificate of OccupanM. 8. The surface shall be maintained in proper working order at all times when utilized as a required fire lane. Should the surface become damaged or fall into disrepair, the Fire Marshal or his designee shall be authorized to require the repair and re- certification of said surface. Section 503.2.4 Turning radius is amended by adding a second paragraph to read as follows: 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. The turning radii of a fire apparatus access roadway shall require a minimum of 50 feet outside radius and a minimum of 25 feet clear distance to the inside radius on all turns in excess of 30 degrees. Section 503.2.5 Dead Ends is amended to read as,follows: 503.2.5 Dead Ends. Dead -end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. Turn arounds approved by the Fire Marshal or as permitted by ppendix D are acceptable. Exception: Where the building is equipped throughout with an approved sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the maximum length of dead -end fire aqpparatus access roads shall be increased to 200 feet. This increase shall not be applicable to Groups H and I Occupancies, buildings with occupancies having High -Piled Combustible Storage and high -rise buildings. Section 503.2.7 Grade is amended to read as follows: 503.2.7 Grade. The gradient for a fire apparatus access road shall not exceed 12 %. Section 503.3 Markings is repealed and replaced with a new Section 503.3 Markings as follows: 503.3 Markings. Such provision is hereby amended to read as follows: Striping, signs or other markings, when approved by the fire code official, shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Striping, signs, and other markings shall be maintained in a clean and legible condition at all times and shall be replaced or repaired necessary to provide adequate visibility. 503.3.1 Striping — Fire apparatus access roads shall be continuously marked by painted lined of red traffic paint six inches (6 ") in width to show the boundaries of the lane. The words "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" shall appear in four inch (4 ") white letters at twenty five feet (25') intervals on the red border markings along both sides of the fire lanes. Where a curb is available, the striping shall be on the vertical and horizontal of the curb. 503.3.2. Signs- Signs, when approved by the fire code official, shall read "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" and shall be twelve inches (1.2 ") wide and eighteen inches (18 ") high. Signs shall be on a white background with letters and borders in red, using not less than two inch (2 ") tall lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches (6' 6 ") above finished grade. Signs shall be spaced not more than fifty feet (50') apart along both sides. Signs may be installed on permanent buildings or walls or as approved by the Fire Chief. Section 503.6 Security gates is hereby amended by adding the following language and adding a new Section 503.6.1 Direction of Swing to read as follows: 503.6 Security gates. The installation of security gates across a fire apparatus access road shall . be approved by the fire chief. Where security gates are installed, they shall have an approved means of emergency operation to include a fire department specific key switch, lock, or box. Upon loss of power to electric gate operators, a secondary power source or clearly marked and identified manual release shall be provided. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. 503.6.1 Direction of Swing. Security gates installed across a Fire Apparatus Access Road shall swing in the direction of travel towards the building or open horizontally to avoid backing W of Fire Apparatus and to allow for an expedited response. SECTION 503 FIRE APPARATUS ACCESS ROADS is amended by adding Sections 503.7 Fire Marshal Authority to Designate Fire Lanes, 503.8 Summons to be Issued for Parking Violation, 503.9 Removal of Vehicle by Property Owner, 503.10 Removal of ' Vehicle by Fire Chief, and 503.11 Abandonment of Fire Lane to read as follows: 503.7 Fire Marshal Authority to Designate Fire Lanes. The Fire Marshal is hereby authorized to designate fire lanes on designated premises where such areas must be free of parked vehicles and other obstructions to provide ready access to buildings therein, in case of fire or other emergencies. The Fire Marshal's designation of such fire lanes does not obviate the owner of such property of their responsibility to maintain the area. Further, owners of the private property or their designated representative may request that additional fire lanes be designated by the Fire Marshal. 503.8 Summons to be Issued for Parking Violation. A summons or notice to appear in answer to a charge of parking in violation of this section specifying the location of the fire lane in which such violation occurred and the date and time of such violation, may be issued by an. police officer or any inspector in the Fire Prevention Bureau of the Fire Department. 503.9 Removal of Vehicle by Property Owner. Except an authorized emergency vehicle, the owner of private property, or their agent, may have any motor vehicle that is parked in a legally designated fire lane removed and stored at either their own expense or that of the vehicle o ep rator. The owner of the premises, or their agent, who has a vehicle removed and stored, is not liable for damages incurred as a result of removal or storage, if the vehicle is removed by a vehicle wrecker service insured against liability for property damage incurred in towing vehicles and is stored by a storage company insured against liabilijy for property damage incurred in the storage of vehicles. 503.10 Removal of Vehicle by Fire Chief. Any vehicle parked in any designated fire lane may be removed at the vehicle owners' expense upon the authorization of the Fire Chief under the following conditions: 1. When the vehicle is in violation by parking in a fire lane, or 2. When a vehicle blocks the ingress/egress esslegress of a business, theater, night club, apartment complex, gymnasium or a place of assembly, or 3. When a vehicle's presence threatens the life safety of the public by impeding the ability of the fire apparatus and emergency medical equipment to respond to an emergency. The Fire Chief shall cause such vehicle to be removed by the towing service operating under a contract with the city and shall further cause such vehicle to be impounded in one of the Police Department Vehicle Storage sections. 503.11 Abandonment of Fire Lane. No owner, manager or person in charge of any premises served by a required fire lane shall abandon or close any such fire lane without the written permission of the Fire Marshal. Section 505.1 Address Numbers is amended to read as follows: 505.1 Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of six inches high with a minimum stroke width of 0.5 inch (12.7 mm). For buildings with individual suites, the suite numbers shall be a minimum of four inches high with a minimum stroke width of 0.5 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. SECTION 505 PREMISES IDENTIFICATION is amended to add sections 505.3, 505.3.1 and 505.4 as follows: 505.3 Multi - Building Complexes. Office, industrial and apartment complexes shall be identified by name and number on a display board at the main entry roadway, 505.3.1 Multi- Address Complexes. Office and industrial complexes with multiple addresses contained within shall post all addresses so that they are visible from 505.5 Tenant identification. Each occupied tenant space provided with a secondary exit to the exterior or exit corridor shall be provided with tenant identification by business name and address. Letters and numbers shall be posted on the corridor side of the door, be plainly legible and shall contrast with their background. Exception: Tenant identification is not required for anchor stores. SECTION 506 KEY BOXES, is amended to add Sections 506.2.1 Key Box Access and Removal of Keys and 506.3 Key Box Location and Contents as follows: 506.2.1 Key Box Access and Removal of Keys. The Fire Department shall have the only key to the key box. Removal of any key by other than the authorized Fire Department personnel shall be a violation of this Code. 506.3 Key Box Location and Contents. Required key boxes shall be located as follows and as approved by the Fire Marshal: Between eight feet and 10 feet to the side of the main entrance level to the building and near fire riser room, or as approved by the Fire Marshal. The key box shall contain designated keys essential to emergency perations including, but not limited to, the following: Elevator keys cqpable of accessing all floors in the building 2. Stairway keys Fire control station keys 4. Alarm System keys Section 507.3 Fire flow, is amended to read as follows and Section 507.3.1 Fire Flow for Rural Isolated Areas is added to read as follows: 507.3 Fire flow. Fire Flow requirements for buildings or portions of buildings and facilities shall be as per Appendix B of the International Fire Code or other approved method as determined by the Fire Marshal. When utilizing Table C105.1 to determine number and distribution of fire hydrants, and the flow requirement falls between the values on the table, the flow requirement shall be rounded up to meet the higher value. Section 507.4 Water supply test is amended to read as follows: 507.4 Water supply test. Adequacy of the water supply shall be determined by an approved flow test that is conducted on the fire hydrants nearest the project site unless otherwise approved by the Code Official. The flow test shall be as follows: The flow test shall have been conducted no more than 12 months prior to the date of construction document submittal to the City of Schertz. 2. The flow test shall be conducted in accordance with the 2010 edition of NFPA 291, Recommended Practice for Fire Flow Testing and Marking of Hydrants, and any other applicable local, state, or national standards and/or requirements. The flow test results shall be submitted with the construction documents. 4. If the water supply piping is not yet constructed, hydraulic calculations for the proposed piping design shall be submitted. The calculations shall be based on the flow test conducted on the fire hydrants nearest the project site and shall verify that the piping design provides the minimum require fire flow at no less than 25 psi residual. Upon completion of construction and prior to final certificate of occunancv. a flow test shall be conducted to verify the results of the calculations. Section 507.5.3 Private fire service mains and water tanks is amended by adding Section 507.5.3.1 Private fire service main as follows: 507.5.3.1 Private Fire Service Main. Private fire mains as used in this Code are the pipe and its appurtenances on private property between Schertz, other public water system, or other sources of water and the base elbow of private fire hydrants or the rise for automatic sprinkler or standpipe systems. When connected to a public water system, the private fire main begins at a point designated by the public water utility. When connected to a rg avity tank or pressure tank, the private fire main begins at the inlet side of the tank check valve. Section 507.5.5 Clear spaces around hydrants is amended to read as follows: 507.5.5 Clear space around hydrants. A 3 -foot (914 mm) clear space shall be maintained around the circumference of fire hydrants, except as otherwise required or approved. The clear space around hydrant and the access to the hydrant will be no more than eight percent slope. Section 507.5 Fire Hydrant Systems is amended by adding Sections 507.5.7 Design Criteria for Water Mains and 507.5.8 Fire Hydrant Installation Criteria as follows: 507.5.7 Design Criteria for Water Mains. Where the fire service mains are used to supply required fire hydrants, the mains shall be sized to flow the required fire flow as determined by Section 507.3. 2. Where the fire service mains are used to supply required fire hydrants plus fire sprinkler and/or fire standpipe systems, the mains shall be sized to flow the larger of the fire hydrant flow demand as determined by Section 507.3, the fire sprinkler demand as determined by Section 903.3 or the fire standpipe demand as determined by Section 905.2. 3. The required number of fire hydrants for the fire flow determined by Section 507.3 shall be specified in Appendix C, Table C 105.1. 4. When sizing the fire service main, the distribution of the fire flow among the required fire hydrants (as determined by item no. 1 or 2 above) shall be as determined by the Fire Marshal, but in most cases shall have no less than 1,000 gpm at the hydraulically remote fire hydrant with the remaining fire flow equally distributed among the remaining required fire hydrants. Main Size: 5.1 Minimum diameter for public water mains shall be six inches in single - family residential areas and eight inches in all other areas. Larger mains may be required to accommodate fire flow requirements. 5.2 Private fire mains shall be hydraulically calculated. Water pressure in private fire mains shall not be less than thirty-five per square inch (35 psi) with no hydrants in use. When hydrants are in use supplyin the he required fire flow, water pressure in the main at the fire hydrant discharge level shall be not less than 25 pounds per square inch (25 psi) residual. Except for specific requirements of this code, all hydrants and mains required for private protection shall be designed, constructed, and operated in conformance with the local water purveyor's criteria, specifications and regulations for public fire hydrants and mains on public streets and NFPA 24. Section 510.5.3 Acceptance test procedure is amended to read as follows: 510.5.3 Acceptance Test Procedures. When an emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested to ensure that two -way coverage on each floor of the building is a minimum of 90 percent. Testing will be accomplished by a licensed third party contractor. The test procedure shall be conducted as follows: 1. Each floor of the building shall be divided into a grid of 20 approximately equal test areas. 2. The test shall be conducted using a calibrated portable radio of the latest brand and model used by the agency talking through the agency's radio communications system. 3. Failure of a maximum of two nonadjacent test areas shall not result in failure of the test. 4. In the event that three of the test areas fail the test, in order to be more statistically accurate, the floor shall be permitted to be divided into 40 equal test areas. Failure of a maximum of four nonadjacent test areas shall not result in failure of the test. If the system fails the 40 -area test, the system shall be altered to meet the 90 percent coverage requirement. 5. A test location approximately in the center of each test area shall be selected for the test, with the radio enabled to verify two -way communications to and from the outside of the building through the public agency's radio communications system. Once the test location has been selected, that location shall represent the entire test area. Failure in the selected test location shall be considered failure of that test area. Additional test locations shall not be permitted. 6. The gain values of all amplifiers shall be measured and the test measurement results shall be kept on file with the building owner so that the measurements can be verified during annual tests. In the event that the measurement results become lost, the building owner shall be required to rerun the acceptance test to reestablish the gain values. 7. As part of the installation a spectrum analyzer or other suitable test equipment shall be utilized to ensure spurious oscillations are not being generated by the signal booster. This test shall be conducted at time of installation and subsequent annual inspections. Section 510 Emergency Responder Radio Coverage is amended to add sections 510.7 Five Year Test and 510.8 Qualifications of texting personnel as follows: 510.7 Five Year Test. In addition to the annual test, the building owner shall perform a radio coverage test a minimum of once ever five to ensure that the radio system continues to meet the requirements of the original acceptance. The procedure set forth above shall apply to such tests. 510.8 Qualifications of testing personnel. All tests shall be conducted, documented, and signed by person in possession of a current FCC general radiotelephone operator license. All test records shall be retained at the inspected premise by the building owner and a copy submitted to the Schertz Fire Rescue within 30 days of when the test has been conducted. In the event the test shall fail to comply with the minimum requirements of the City, appropriate repairs shall be made and additional tests conducted until tests meet the minimum requirements of the City. Proof of current license shall be submitted along with third part.. tag. Section 901.6 Inspection, testing and maintenance is amended by adding Section 901.63 Maintenance Agreement as follows: 901.6.3 Maintenance Agreement. A maintenance agreement, as defined by Section 202, with a licensed fire protection company shall be provided to the Fire Marshal for each fire protection system at all times. Proof of a maintenance agreement shall be provided during any ystem acceptance test. Agreements for testing and inspection only as defined by Section 202 shall not be credited with having met this requirement. A fire watch will be performed at all times that a system is taken out of service. Except for emergencies, the fire code official shall be given 72 hours notice before a system is voluntarily taken out of service. When, at the discretion of the Fire Chief or his designee, there is a life safety issue, uniformed employees of the Schertz Fire Department or other fire watch personnel as approved by the Fire Chief or his designee shall perform a fire watch. Fire watch personnel shall be provided with at least one approved means for notification to the fire department dispatch and their sole duty shall be to perform constant patrols and watch for safety hazards and occurrences of fire. The cost of the fire watch shall be at the current overtime rate for fire inspections and shall be the sole responsibility of the owner /contractor to pay. The fire watch fee shall be paid to the City of Schertz within 30 days before final approval is granted on system work. Section 903.1 General is amended by adding Section 903.1.3 High Volume Low Speed Fans in new and existing buildings as follows: 903.1.2 High Volume Low Speed Fans in new and existing buildings. The use of High Volume Low Speed (HVLS) or High Volume Low VelociLy HVLV) fans in fire sprinklered areas of new and existing buildings shall only be permitted as follows: 1. HVLS fans are permitted in rack storage and palletized storage arrangements up to twenty (20) feet in height in buildings with thirty(30) feet or less ceiling clearance, when Early Suppression Fast Response (ESFR )sprinklers are used to protect the storage array_ 2. HVLS fans are permitted in light - hazard and ordinary- hazard occupancies as defined in NFPA 13, Standard for the Installation of Sprinkler Systems. 3. HVLS fans are not permitted in in sprinklered areas with palletized storage greater than twelve (12) feet in height protected by control mode sprinklers. 4. IN all cases, HVLS fans are required to be designed and installed to shut down automatically fire alarm signal. This includes automatic shut down upon sprinkler system waterflow alarm or any manual or automatic fire alarm detection device provided in the space. 5. In all cases, the clearance between the HVLS fans and the ceiling sprinklers and the top of storage shall be in compliance with the obstruction and clearance rules of NFPA 1.3. Exception: When a technical opinion and report is provided in accordance with Section 104.7.2, the Fire Marshal or his designee shall analyze the opinion and report and may approved the use of HVLS or HVLV fans in additional areas when it is determined that the effectiveness of the fire sprinkler system is not compromised. Section 903.2 Where Required is amended to read as follows: 1. An automatic sprinkler system shall be installed throughout all levels of any new Group A (Assembly), B (Business), E (Educational), F (Factory), H (Hazardous), I (Institutional), M (Mercantile), and S (Storage) occupancies of more than 1.0,000 square feet or where more than two stories in height or where the combined floor area on all floors, including mezzanines exceeds 10,000 square feet, and throughout all R -3 (Residential) occupancies of more than 5,000 square feet or more than two stories in height. The calculated area shall include all occupied space and exclude garage if separated from the resident and its attic space, by one -hour firewall (according to International Building Code -2012 ED. - Table 719.1 (2)) and also exclude any detached building. 2. Such systems shall be in compliance with International Building and Fire Codes and installed in accordance with the most current edition of NFPA 13 NFPA 13D or NFPA 13R as applicable. If this ordinance is in conflict with the above listed codes then the more restrictive shall prevail. 3. The requirements of this section shall apply to existing buildings as follows: A. Existing buildings Except Group R -3 exceeding 10,000 square feet Existing buildings, other than Group R -3, with useable floor space exceeding 10,000 square feet, are exempt from automatic sprinkler requirements until such time as: B. Any addition, renovation, remodeling, or other action results in any increase in useable floor space; or C. Any renovation or remodeling project involves 25% or more of the building; or D. Any change in Occupancy GroLip. E. Existing buildings (Except Group R -3) 10,000 square feet or less. Existing buildings, other than Group R -3, with useable floor space of 10,000 square feet or less, are exempt from automatic sprinkler system requirements until such time as. F. The building is modified to increase useable floor space to more than 10,000 square feet; or G. The occupancy group changes to Group R -3 and useable floor space exceeds 5,000 square feet. H. Existing Group R -3 buildings exceeding 5,000 square feet. Existing Group R -3 buildings with useable floor space exceeding 5,000 square feet are exempt from automatic sprinkler requirements until such time as: I. Any addition, renovation, remodeling, or other action results in any increase in useable floor space; or J. Any renovation or remodeling project involves 25% or more of the building; or K. The occupancy group changes to other than Group R and useable floor space exceeds 10,000 square feet. L. Existing Group R -3 buildings 5,000 square feet or less. Existing Group R -3 buildings with useable floor space of 5,000 square feet or less, are exempt from automatic sprinkler system requirements until such time as the building is modified to increase useable floor space to more than 5,000 square feet. Section 903.2.1 Group A is hereby amended by adding the following exception: Exception: A one -story detached open pavilion consisting of only a roof and supporting columns that meets all of the following criteria shall not require fire sprinklers. 1. The detached open pavilion is a Group A2, Group A3, or Group A4 Occupancy. 2. The detached open pavilion shall be less than 10,000 ft2 in area. 3. The detached open pavilion shall be separated from adjacent structures by minimum of 30 feet. 4. The detached open pavilion is open on at least three sides and open a minimum of 50% of the perimeter of the area covered. In order to be considered "open" for the purpose of this exception, an open side shall be at least 50% open with the open area uniformly distributed to prevent the accumulation of smoke and toxic . gases. 5. The detached open pavilion shall have a minimum of 300% of the total number of required exits and a minimum of 300% of total exit minimum width or required capacity based upon the occupant load of the pavilion. Section 903.2.1.3 Group A -3 is hereby amended by adding a condition to read as follows: 903.2.1.3 Group A -3. An automatic sprinkler system shall be provided for fire areas containing Group A -3 occupancies and intervening floors of the building where one of the following conditions exists: The fire area exceeds 10,000 square feet (1115 m'). The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 4. Any Grop A -3 occupancy that serves alcohol shall comply with the fire sprinkler requirements for Group A -2 Occupancies in section 903.2.1.2. Section 903.3.7 Fire Department Connections is amended to read as follows: The location of fire department connections shall be in accordance with Section 912.2, as amended. SECTION 903 AUTOMATIC SPRINKLER SYSTEMS is amended by adding a new exception to Section 903.4 Sprinkler system supervision and alarms and a new Section 903.7 Separation from Non -Sprin klered Areas as follows: Exception: Valves located outside buildings or in a vault that are sealed or locked in the open position. 903.7 Separation from Non- Sprinklered Areas. Unless otherwise exempted by the 2012 International Building Code IBC) or 2012 International Fire Code (IFC) or required to be of a higher fire resistive construction by the IBC or IFC, a minimum of one hour fire barrier constructed in accordance with the 2012 International Building Code shall be between Section 905.3.9 Buildink Area is amended to read as follows: In buildings exceeding ten thousand (10,000) square feet in area per story, Class I automatic wet or wet standpipes shall be provided where any portion of the building's interior area is more than two hundred feet (200') of travel, vertically and horizontally, from the nearest point of fire department vehicle access. Exception: Automatic dry and semi- automatic dry_ standpipes are allowed as provided for in NFPA 1.4. follows: Section 906.2 General requirements is amended by adding Section 906.2.2 Travel distance as 906.2.2 Travel distance. Travel distance is calculated from a point in the occupancy to the location of fire extinguisher located on the same floor level in accordance with the maximum distances listed in Table 906.3(1) or Table 906.3(2). Travel distance is calculated per floor when determining travel distance to a fire extinguisher in multi -story buildings. SECTION 906 PORTABLE FIRE EXTINGUISHERS is amended by adding Section 906.5.1 Conspicuous Locations in Group R occupancies as follows: follows: 906.5.1 Conspicuous Locations in Group R occupancies. In addition to other areas listed herein or in NFPA10, fire extinguishers in R occupancies may also be placed in any of the following location to satisfy the requirements: On a wall in the unit; 2. Inside a closet or pantry as long as the door has a label indicating that there is a fire extinguisher inside; 3. Inside a mechanical closet as long as the door has a label indicating that there is a fire extinguisher insider; or 4. Inside storage closets as long as the door has a label indicating that there is a fire extinguisher insider and there is no locking device on the door that requires a key or combination to open it. Section 907.1 General is amended by adding Section 907.1.4 Testing of Fire Alarm Systems as Section 907.1.4 Testing of Fire Alarm Systems. The following are re required at the time of fire alarm acceptance testing unless approved by the Fire Marshal or his/her designee: The written statement required by NFPA 72, section 4.5.1.2 2. A copy of the Record of Completion as required by NFPA 72, section 4.5.2.1 A copy of the Texas Department of Insurance Fire Alarm Installation Certificate 4. Approved plans bearing the original stamp and signature of the fire alarm plan reviewer 5. Original _ permit is on site. 6. Proof of current licensing of the technician performing the tests. 7. Written approvals from the AM if partial installation inspections are requested by contractor or technician. 8. Site specific software for software based systems. 9. Written sequence of operation. 10. All testing equipment necessary to conduct the test (i.e. decibel meter, flashlight, intelligibility meter, etc) Section 907(IFC -2012) Fire alarm and detection Systems is amended by adding an exception to Section 907.2.3 (IFC -2012) Group E, (Educational). Exception: Group E occupancies housed in one room with an occupant load of less than 50. Section 907.2.4.2 Automatic smoke detection system is hereby amended to read as follows: 907.2.8.2 Automatic smoke detection system. An automatic smoke detection system that activates the occupant notification system in accordance with Section 907.5 shall be installed throughout all interior corridors serving sleeping units. The automatic smoke detection system requirement is met only the installation of smoke or beam detectors whenever possible. If environmental conditions do not allow the installation of smoke detectors fire alarm heat detectors may be used on a limited basis when approved by the fire code official. Exception: An automatic smoke detection system is not required in buildings that do not have interior corridors serving sleeping units and where each sleeping unit has a means of egress door opening directly to an exit or to an exterior exit access that leads directly to an exit. Section 907.2.9.1 Manual Fire Alarm System is hereby amended to repeal exception 2. Section 907.2 Where required - new buildings and structures is amended by adding Section 90 7.2.24 High Occupant Load as follows: 907.2.24 Hi!h Occupant Load. In addition to the reauirements listed in other sections of this Code, any occupancy having an occupant load of 1000 or more shall be provided with a manual fire alarm system. Exception: Open Parking Garages Section 907.3.5 Fire Alarm Systems - Emergency Control is hereby added to read as follows: 907.3.5 Fire Alarm Systems - Emergency Control. At a minimum, the following functions, where provided, shall be activated by the fire alarm system: 1. Elevator capture and control in accordance with ASME /ANSI A17.1b, Safety Code for Elevators and Escalators. 2. Release of automatic door closures and hold open devices. 3. Stairwell and /or elevator shaft pressurization. 4. Smoke management and /or smoke control systems. 5. Initiation of automatic fire extinguishing equipment. 6. Emergency lighting control. 7. Unlocking of doors. 8. Emerizencv shutoff of aas and fuel supplies that may be hazardous provided the continuation of service is not essential to the preservation of life. 9. Emergency shutoff of audio systems for sound reinforcement or entertainment (i.e. music systems, systems for announcement and broadcast which are separate from public address systems) provided that such systems are not used to issue emergency inctnictiom 10. Emergency shutoff of systems used for the creation of displays or special effects (i.e. lighting effects, laser light shows, projection equipment) Section 907.4.2.1 Location is amended to add an exception: 907.4.2.1 Location. Manual fire alarm boxes shall be located not more than 5 feet (1524 mm) from the entrance to each exit. Additional manual fire alarm boxes shall be located so that travel distance to the nearest box does not exceed 200 feet (60 960 mm). Exception: Where construction of the building_ prohibits the proper installation of a manual fire alarm box (e.g glass walls, interior brick or rock walls) a manual fire alarm box shall be allowed to be located in the normal path of egress, where approved by the Fire Marshal or his /her designee. _ l Section 907.5.1 Presignal feature, is amended to read as follows: 907.5.1 Presignal features and positive alarm sequences. A Presignal feature or Positive Alarm Sequence as defined in NFPA 72 shall not be installed unless approved by the fire code official and the fire department. Request to use a Presignal feature or a Positive Alarm Sequence must be submitted in writing to the Fire Marshal and approval granted before installation. Where a Presignal feature or Positive Alarm Sequence is provided, a signal shall be annunciated at a constantly attended location approved by the fire department, in order that occupant notification can be activated in the event of fire or other emergency. When approved by the fire code official, the Presignal feature or Positive Alarm Sequence shall be implemented in accordance with the requirements of NFPA 72. Section 907.5.2.1 Audible alarms is amended by adding Sections 907.5.2.1.3 Testing of Audible Alarms in occupancies other than group R and 907.5.2.1.4 Testing of Audible Alarms in Group R occupancies as follows: 907.5.2.1.3 Testing of Audible Alarms in occupancies other than group R. Audibility levels for all occupancies other than Group R shall be in accordance with the public mode requirements of NFPA 72, and shall be tested utilizing the following criteria: A UL-4steR sound pressure level meter, which has been calibrated within the last calendar year, and supplied by the fire alarm system installing contractor, shall be utilized to obtain readings. The audiometer will be held five feet above floor, pointed in the direction of the audible device. 2. All doors within the occupancy, including bathroom doors and balconies, shall be in the closed position. Levels shall be taken in the most remote areas of the occupancy first, including bathrooms and balconies. 4. Initial readings to confirm the average ambient sound level in each area shall be taken. The fire alarm system shall be activated and readings in the tested areas shall be retaken and compared with the requirements. 907.5.2.1.4 Testing of Audible Alarms in Group R occupancies. Audibility levels for all Group R occupancies shall be in accordance with the requirements of Section 907.5.2.1.1, and shall be tested utilizing the following criteria: A UL listed .,u4ipme* r sound pressure level meter, which has been calibrated within the last calendar ,year, and supplied by the fire alarm system installing contractor, shall be utilized to obtain readings. The audiometer will be held five feet above floor, pointed in the direction of the audible device. 2. All doors within the occupancy, including the bathroom and balcony doors shall be in the closed position. Ambient sound level shall be established with the television set at 50 percent of maximum volume, showers running, bathroom exhaust systems running, and air conditioning_ units running, 4. Levels shall be taken in the most remote area of the dwelling or sleeping unit first, including bathrooms and balconies. 5. Initial readings to confirm the ambient sound level in each area shall be taken. 6. The fire alarm system shall be activated and readings in the tested areas shall be retaken and compared with the requirements. Section 912.3.1 Locking Fire Department Connection Caps is amended to read as follows: SECTION 912 FIRE DEPARTMENT CONNECTIONS is amended by adding Section 912.2 Fire Department Connections & Section 912.7 Fire Department Connections as follows: Section 912.2 (IFC -2012) Fire Department Connections. "With respect to hydrants, driveways buildings and landscape, fire department connections shall be so located that fire apparatus and hose connections to supply the system will not obstruct access to the building for other fire aqpparatus. Fire department connections shall be located not more than 120 feet and no closer than 30 feet from the nearest fire hydrant connected to an approved water supply and shall be aqpproved by the fire marshal." 912.7 Fire Department Connections. Sprinkler system and standpipe fire department hose connections shall be as follows: Within forty (40) feet of a public street, approved fire lane, or access roadway; 2. Within 120 feet of an approved fire hydrant measured per hose lay criteria in Section 507.5.1.2. Minimum of two feet above finished grade and a maximum of four feet above finished grade for standard inlets and minimum of 30 inches at lowest point above finished grade and maximum of four feet above finished grade for the five inch "Stortz" inlet; 4. The Fire Code Official shall approve the location of freestanding fire department connections. Freestanding; FDCs must be physically protected against impact per the requirements of Section 312 or other approved means. Where provided, the five inch "Stortz" inlet shall be installed at a 30 degree angle pointing down; 6. Fire department connections for H occupancies will be freestanding remote and located as determined by the Fire Code Official; and SECTION 1003 GENERAL MEANS OF EGRESS is amended by adding Section [B].1003.8 Special Provisions as follows: (811003.8 Special Provisions. Rooms in E occupancies used for kindergarten or daycare, children five or under, classified as an E occupancy shall not be located above or below the first story. Exceptions: Basements or stories having floor levels located within four feet, measured vertically, from adjacent ground level at the level of exit discharge, provided Section [BJ 1006.3 Emergency power for illumination is amended by adding Section 1006 3.2 Illumination in Group E as follows: 1006.3.2 Illumination in Group E. Group E occupancies shall have emergency lighting in interior stairs, corridors, window -less areas with student occupancy, shops, and laboratories. Section 1008.1.9.4 Bolt Locks is amended by removing exceptions 3, 4, and 5 to read as follows: 1008.1.9.4 Bolt Locks. Manually operated flush bolts or surface bolts are not permitted. Exceptions: 1. On doors not required for egress in individual dwelling units or sleeping units. 2. Where a pair of doors serves a storage or equipment room, manually operated edge or surface - mounted bolts are permitted on the inactive leaf. Section 1103.2 Emergency responder radio coverage in existing buildings is amended to read as follows: 1103.2 Emergency responder radio coverage in existing buildings. Existing buildings that do not have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building, shall be equipped with such coverage according to one of the following: Emergency responder radio coverage as required in section 510 of this code is installed within a time frame established by the adopting authority_ 2. An approved alternative method of emergency responder communication within the building provided within a time frame established by the adopting authority. Section 1103.8.2 Interconnection is amended by altering the two exceptions as follows: 1103.8.2 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling or sleeping unit, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. Exceptions: Interconnection is not required in buildings that are not undergoing alterations. follows: 2. Smoke alarms in existing areas are not required to be interconnected where alterations do not result in the removal of interior wall or ceiling finishes exposes the structure. Section 1103.8.3 Power source is amended by adding one new exception as follows: 1103.8.3 Power source. Single- station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. Exception: In all R -2 occupancies, smoke alarms are permitted to be solely battery operated if added to comply with 1103.8. SECTION 2301 GENERAL is amended by adding Section 2301.7 Portable Service Stations as 2301.7 Portable Service Stations. No person shall own, operate or maintain a tank used for the storage of flammable liquids maintained on skids or a similar type stand which is designed or intended to be used for dispensing flammable liquids into the fuel tanks of motor vehicles owned by the public. 2. The foregoing provisions of this article are intended to prohibit the use of so- called portable service station or similar units constructed to dispense flammable liquids to the motoring public and designed so that the unit can be easily picked up and moved. Section 2303.2 Emergency disconnect switches is hereby amended as follows: 2303.2 Emergency disconnect switches. An approved, clearly identified and readily accessible emergency disconnect switch shall be provided at an approved location to stop the transfer of fuel to the fuel dispensers in the event of a fuel spill or other emergency. An emergency disconnect switch for exterior fuel dispensers shall be located within 100 feet (30 480 mm) of, but not less than 20 feet (6096 mm) from, the fuel dispensers. For interior fuel- dispensing operations, the emergency disconnect switch shall be installed at an approved location. Such devices shall be distinctly labeled as; EMERGENCY FUEL SHUTOFF. Signs shall be provided in approved locations and be a minimum of 18 inches high and 24 inches wide. Section 2303.2.1 Additional Emergency disconnect switches for attended self - service is hereby added as follows: 2303.2.1 Additional emergency disconnect for attended self - service. Attended facilities shall have an additional emergency disconnect switch located inside the building for attendance use at a location approved by the fire code official. Section 2306.2.1.1 Inventory Control for underground tanks is amended to read as.follows: 2306.2.1.1 Inventory Control for underground tanks. Accurate daily (normal working days only) inventory records shall be maintained and reconciled on all Class I, II or III -A liquid storage tanks for indication of possible leakage from tanks or piping. The records shall be made available for inspection by the Fire Marshal, and shall include, as a minimum, records showing by product: daily reconciliation between sales, use, receipts, and inventory on hand. If there is more than one system consisting of a tank(s), serving pump(s), or dispenser(s) for any product, the reconciliation shall be made separately for each tank system. 1. Daily inventory shall be maintained for each tank system at each location by the operator. The inventory records shall be kept for a minimum of the past 12 months at the premises. 2. Inventory shall be based on the actual daily measurement and recording of tank product and water levels and the daily recording of actual sales, use and receipts. Daily measurements shall be made by gauge, gauge stick or by readout from an automated gauging system. The inventory records shall include a daily compilation of gain or loss. The mere recording of pump meter reading and product delivery receipts shall not constitute adequate inventory product delivery receipts shall not constitute adequate inventory records. 3. The operator of the location shall be held responsible for notifying the owner or person(s) in control of the facility to take action to correct any abnormal loss or gain not explainable by spillage, temperature variations or both causes. 4. The Fire Marshal may require the operator of an underground tank storage system to test the system for tightness, at the operator's expense, when accurate daily inventory records have not been maintained as required or when in his judgment conditions indicate possible leakage of product from the location of such tanks. 5. The Fire Marshal may require copies of Class I, lI and III -A liquid storage tank inventories, deliveries or receipt of product sales and dip gauge stick readings or other control measures in addition to copies of any tank tightness or line leakage test results from the station operator, agent, or terminal management. 6. When a service station tank is found to be leaking, its contents shall be removed immediately. If any investigations or tests indicate the source of such loss, the owner shall take immediate action to correct the system failure and remove dangerous spillage from the environment. 7. The Fire Marshal may order the closure of a Service Station by barricading if necessary and the emptying of contents from storage tanks should the operator of a service station be unwilling to cooperate with the Fire Department during the search for the source of such leakage or should the Fire Marshal determine that a hazardous condition exists that merits such action. Section 23062.3 Above - ground tanks located outside, above grade is amended by adding Sections 2306.2.3.1 Inspections, 2306.2.3.2 Required Access, and 2306.2.3.3 Fire Hydrant Access as follows: 2306.2.3.1 Inspections. An inspection of the installation shall be conducted prior to loading the tank with fuel. 2306.2.3.2 Required Access. Fire apparatus access roads shall be provided for every aboveground storage tank. The aboveground storage tank shall not be more than 150 feet from fire apparatus access roads as measured by an approved route. 2306.2.3.3 Fire Hydrant Access. A minimum of one fire hydrant shall be provided for every aboveground storage tank. The aboveground storage tank shall not be located more than 500 feet from a fire hydrant as measured by pproved route. Section 3301.3 Address numbers, is added to read as follows: 3301.3 Address numbers. Buildings under construction shall place address numbers and /or building numbers in a position that is plainly legible and visible from the street or road fronting the property with minimum six inch numbers. Section 3314.3 Furniture, Fixtures, and Equipment is hereby added as follows: 3314.3 Furniture, Fixtures, and Equipment. In buildings where an automatic sprinklersystem is required, furniture, fixtures, and equipment shall not be stored in the building until the s,, s m has been tested and annroved by the fire code official and monitorine of system is active. Exception: As approved by the fire code official. Chapter 52 COMBUSTIBLE FIBERS is hereby amended by adding section 5206 Construction and Protection Requirements as follows: 5206 Construction and Protection Requirements. 1. Handling and storage of large quantities of waste paper, rags, or other combustible materials shall not be allowed in a building of any type in excess of 1500 square feet area unless the building is protected with an approved automatic sprinkler system. 2. Handling and storage building for waste paper, rags or other combustible materials shall not exceed one story in height unless of Type I construction and fully protected with approved automatic sprinkler system. 3. No loose waste paper, rags, trash or rubbish of any kind, or similar combustible materials shall be allowed on the premises on the outside of any building. 4. Bales, waste paper, rags, and other combustibles in baled lots shall be stored in buildings. Said buildings shall be required to have aisles when 25,000 cubic feet or more of such materials are stored. Baled materials, if stored outside of buildings, shall not be stored within 25 feet of any building. EXCEPTION: Baled materials may be stored within 25 feet of a building's outside wall when a wall sprinkler curtain is provided on the building. Section 5003.4.1 Material Safety Data Sheet Submittal is added to read as follows: 5003.4.1 Material Safety Data Sheet Submittal. The Fire Marshal may require that information on the nature of any and all potentially hazardous material be submitted to the Fire Department on the Standard Material Safety Data Sheet provided by the U.S. Department of Labor Occupational Safety and Health Administration. Section 5601.1.3.1 Unlawful Possession of Fireworks, 5601.1.3.2 Instigating orAiding a Minor to Violate the Ordinance Prohibiting Fireworks, and 5601.1.3.3 Summons to be issued for Violation of Fireworks Ordinance are added to read as follows: 5601.1.3.1 Unlawful Possession of Fireworks. It shall be unlawful for any person to have, keep, store, sell, offer for sale, give away, use, transport or manufacture fireworks or pyrotechnics of all kinds in any quantity, within the corporate limits of the City. It shall be unlawful for any person to store or manufacture fireworks or pyrotechnics of all kinds in any quantity area extending 5000 feet beyond the City limits. Packaged or unopened fireworks cannot be confiscated. Exception: A state or federally licensed importer or distributor established within said 5000 foot area prior to the enactment of this section and using area for storage or for distribution to governmental agencies or federal or state licensees or permitees. 5601.1.3.3 Summons to be issued for Violation of Fireworks Ordinance. A summons or notice to appear in answer to a charge of illegal possession or use of fireworks in violation of this section specifying the location of such violation, the date and time of such violation, and the name and address of the offender, may be issued by any Police Officer, Arson Investigator, Fire Inspector or by any Firemen who has been assigned to citation duties by the Fire Chief. Packaged or unopened fireworks cannot be confiscated. Section 5601.2 Permit required is amended by adding new Section 5601.2.6 Prohibited Explosives as follows: 5601.2.6 Prohibited Explosives. It shall be unlawful for anYperson to have, keep, store, sell, offer for sale, give away, use, transport or manufacture any of the explosives listed in Section 5601.3 any quantity, within the corporate limits of the City, or to store, sell, use or offer for sale such explosives within 5000 feet beyond the City limits unless authorized by the Fire Marshal. Section 5704.2.12.2 Testing of underground tanks is amended to read as, follows: 5704.2.12.2 Testing of underground tanks. Before being ee Brea or piaeed in ..s, tanks and ......ng eenn et„t to seeti.... 47014Z rrhe ....,tem ..t...tl not he .............t „ «tit it has been ,.,.«,-... e Each tank shall be tested for tightness hydrostatically or pneumatically at not less than three pounds per square inch or not more than five pounds per square inch for 60 minutes. Pneumatic testing shall not be used on a tank containing flammable or combustible liquids or vapors. Section 5704.2.12.2 Testing of underground tanks is amended by adding Sections 5704.2.12.2.1 Existing Tanks and Piping and 5704.2.12.2.2 Alternate Test Method as follows: 5704.2.12.2.1 Existing Tanks and Piping. Existing underground storage tanks and piping shall be tested for leakage every five years at the owner's or operator's expense or when the Fire Marshal has reasonable cause to believe a leak exists. A log or record shall be kept and the log shall be made available for inspection by the Fire Marshal when requested. Notice of test shall be provided in writing to the Fire Marshal by the owner or operator. Appendix D FIRE APPARATUS ACCESS ROADS is hereby amended to read as follows: D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all the following criteria: 1. Where a single gate is provided, the gate width shall be not less than 20 feet (6096 mm). Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than 14 feet. Appendix D FIRE APPARATUS ACCESS ROADS is hereby amended by amending section D106.3 Separate Access Roads to read as follows: D106.3 Separate Access Roads. The requirement for two separate and approved fire apparatus access roads are met with the following conditions: A minimum of two separate entrances into the complex are made from the street or public way 2. The distance between the two entrances are equal to not less than one half the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses, as per 2012 IFC, section D104.3. Exception: Where it is physically impossible to be one half the diagonal dimension apart, the access road will be approved if the following conditions are met: a. The two separate fire apparatus access road must be separated as far as physically and practically possible. b. The two separate entrances must be a minimum of 150 feet apart measured in a straight line between accesses. The two separate entrances are allowed to share a common path of travel on the complex site so long as blockage in any one area of this path does not block access from both the primary and secondary access simultaneously. The two separate entrances are allowed to share a common path of travel on the complex site so long as blockage in any one area of this path does not block access from both the primary and secondary access simultaneously. Each of the two separate fire apparatus roads shall meet the requirements of the 2012 IFC, section 503, Fire Apparatus Access Roads. Article VI — LIFE SAFETY CODE is amended to read. Section 30 -101 Life Safety Code Adopted. NFPA 101, Life Safety Code, 2015 Edition, as amended, revised and corrected, including all future editions, revisions, amendments and corrections, published by the National Fire Protection Association (NFPA), one (1) copy of which is on file with the city secretary, is hereby adopted and incorporated by reference as the Life Safety Code of the City of Schertz subject to and including by reference such amendments as herein shall appear. NFPA 101, Life Safety Code, 2015 Edition, shall be used in conjunction with the International Fire Code, 2012 Edition. Section 3. Any person, firm, corporation or agent who shall violate a provision of this chapter, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish, or move any structure, electrical, gas, mechanical or plumbing system in violation of the detailed statement or drawings submitted and permitted thereunder, shall be guilty of a misdemeanor. Such persons shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed or continued, and upon conviction of any such violation such person shall be punished by a fine of not more than five hundred dollars ($500.00) for each offense unless said violation is a violation of a regulation governing fire safety or public health and sanitation then by a fine of not more than $2,000.00 for each offense. All such violations shall be prosecuted in accordance with Section 1 -8 General penalty for violations of Code of Ordinances; continuing violations of the Schertz Municipal Code of Ordinances. Section 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 5. 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 6. That all rights and privileges of the City are expressly saved as to any and all violations of the provision of any ordinances repealed by this ordinance which have accrued at the time of the effective date of this Ordinances; and, as to such accrued violation and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts.. Section 7. 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 8. 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 9. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the day of , 2015. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of , 2015. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) APPROVED AS TO FORM City Attorney MINUTES REGULAR MEETING July 21, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 21, 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: Executive Director Brian James Executive Director Bob Cantu Deputy City Secretary Donna Schmoekel Call to Order Mayor Pro -Tem Cedric Edwards Councilmember Gr mDv Azzoz City M, Executi City At Mayor Carpenter called the meeting to order at 6:01 p.m Texas (Councilmember Fowler) Councilmember Fowler provided the openin the Flags of the United States end the State of Wait the Pledges of Allegiance to V Events and Annul, ticements • Announcements of upco ing ityEvents (B. James /D. Wait /B. Cantu) ve Director Brian James who provided the following • Early Registration (for discounted rates) continues until August 19th for the 2015 TMLonference in San Antonio that will be held on September 22 -25 at the Henry B. Gonzalez Convention Center. For more information, contact the City Secretary's Office. • Saturday, August 1, City of Marion Sausage Supper, St. John's Lutheran Church, 606 S. Center Street, 9:00 a.m. -11:00 p.m. Events include a parade, trade days, meals, games, bingo, auction, live music & dancing. • Friday, August 7, 2015, . Schertz Senior Sock Hop, Schertz Civic Center, 7:00 p.m. to 11:00 p.m., live music, casino games, heavy hors d'oeuvres — cash bar, Tickets can be purchased in advance at the Senior Center, Schertz Chamber of Commerce $25 each/$35 at the door. Wear Your Coolest 50's Attire, more information go to schertzseniors.org. • Saturday, August 15, Schertz Idol Finale, Crosspoint Church, 5:00 p.m. 7 -21 -2015 Minutes Page - 1 - The City of Sehertz will be holding its' General Election on November 3, 2015 for the purpose of electing Council .Members in Place 3, Place 4 and Place 5. Any candidate desiring to have his or her name on the official ballot shall, no sooner than July 25, 2015 and no later than August 24, 2015 by 5:00 p.m., file with the City Secretary an application in writing requesting that his or her name be placed on the Official Ballot. The term of office for said vacancies will expire November 2017. Candidate packets are available in the City Secretary's office or can be found online at www.schertz.com. • Announcements and recognitions by City Manager (J. Mayor Carpenter recognized City Manager John IKessel who recognized the Parks Department, in particular, Park Foreman Mike Trainor and his crew, They had received a phone call from a citizen which led to two improvements. One was cleaning up the area by the recycle bin at the former Animal Shelter site to enable publi I e-,access to that container again. The second improvement is that they are now looking into"restriping the parking lot as the dance studio next door uses "it each week for their customers. He was real happy with the way that was handled by them. New Employee Recognitions • Nichole Solis Douglass, Crime Victim Liaison,(i7.: Wait /M. Hansen) • Presentation regarding new payment kiosk located at the YMCA. (D. Wait/S. BN Mayor Carpenter 'recognized Business Office Manager Carol Spence who came forward providing information to Council on the new kiosk being installed at the YMCA. She stated this is a project they have been working on for the past four years. Ms. Spence expanded on the following topics: 1) benefits for customers who would have another avenue for paying their utility bill outside of regular business hours, 2) associated fee charges, and accepted payment media, and, 3) the anticipated reduction of customer calls to the police dispatch department. Ms. Spence stated they will be doing some advertising for the kiosk by placing them around town at businesses, a video on our website, newsletter and inserts in their customer utility bills. 7 -21 -2015 Minutes Page - 2 - Mayor Carpenter recognized Troop 51 Boy Scout member, Jacob Cavenaugh, who was in the audience tonight working on his citizenship merit badge. He encouraged him to continue on and push forward working towards an Eagle Scout Award because it is something that will pay dividends for the rest of his life. • Presentation and update regarding CCMA water rates. (D. Wait /S. Willoughby /C. Ellis) Mayor Carpenter recognized Executive Director Dudley Wait who introduced CCMA General Manager Clint Ellis who provided the latest information regarding wholesale wastewater rates (from 2015 through 2019) and answered qustiors from council. Below are some of the highlights from his presentation. 5% ss'ODD. 0 ST'ow000 s' o Ss, ,000 CCMA Service nn FY 2015 — FY 2019 and personnel of impact fee funds, to subsidize d' for capacity projects rehabilitation, which is ongoing FY 2615 FY 20+16 FY 2617 F5 20+18 FY 2614 Operating Expense mDebtService come on our system in This slide shows the forecast of cost of service and although they modeled it out farther just for this presentation it goes to FY 2019. It reflects an anticipated $1.1 million rate increase now through the end of the rate cycle. 7 -21 -2015 Minutes Page - 3 - qTM 2015-2024 ZOLB, W15 2017 W2 ZQ1? WW Ma ZOZZ MZ3 ZM4 Wastewater Utility Capital Improvement Plan This slide shows,,,a few of the capital improvement projects we anticipate needing in the next 5 years. The first five projects are designed, funded and in various stages of construction or review by state regulatory agencies. The next five projects we anticipate needing in the next five years based on either capacity needs in the system or deterioration of existing facilities. 7-21-2015 Minutes Page - 4 - Rate Increase Schedule Approved by the COMA Board of Mrectors on May 14,2015 Tate l rate increase 11,M0ga Ilan sFY2016- FY 2413:: 54: 3.3. CCNIAwi I I gradu a I'Iyrepucethe impact feesusezit +rard&Jebtser icapsyrrrentsuvert he PEXtfo1FYEHrSwhich wil I freE up a dditianalimpactfaE revemue far c a pscity amiecte, I FY 2016 rcrLasezlhould csstthe average hitmeawrer apprsximately$0,77 per month basedran 5,135gall on ay. a rage Manth Iv WStEr use. NTsta I ircreasesfrom Ff2015tsFY2011; shou I d=ttheaVer3gehsmL-mVrer a pproxi m atel y $4. 2 6 per man th based an 5,13S-fall a veragemorthlywateruse This slide shows the actual rates. This is awholesale customer. Our total cost for the average Schertz,horn be approximately 77 cents per month using the Scl� gallons. That can fluctuate based, on water usage city of the rate increase period, the aVeiage homeowner's per month. schertz munthly oust. Per CaxnnacUon (5,135 Eallun WWA) FY 2015 Rate $3.00 $15.42 FY 2016 Rate $3.15 $16.18 FY 2017 Rate $3.35 $17.20 FY 2018 Rate $3.56 $1838 FY 2019 Rate $3.83 $29.67 e and what we charge to every .,r for next year's increase will minter water average of 5,135 over the next year. At the end :1hly bill will increase by $4.26 This is how our rate,,: increases will impact the City of Schertz. Currently we charge $15.41 per residential connection, per month. We are lower than the state average and are very competitive, MW Ellis continued by answering questions from council. In response to Councilman Edward's concern regarding future construction costs for planned projects and/or emergency construction costs, Mr. Ellis said he will provide him more data from the economist.com report as well as a copy of the capital improvement plan. Mayor Carpenter recognized Executive Director Dudley Wait who stated these rates that they have forecasted will be factored into the rate schedule that staff will be bringing forward before we get into the new budget in the coming weeks. 7-21-2015 Minutes Page - 5 - Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: • Mrs. Gloria Oatman, 330 Kitty Hawk, Universal City, representing Ambassador Corporation, who spoke about the "Ambassador Character Building Program" for children. She stated that they have partnered with the Schertz Library (Youth Services Librarian April Toman) to get the program to the six and seven year old children. She stated that this is a two (2) year program designed to instill, "good values in young children. She stated that it starts with this book "A Keepsake Book ". In a lot of towns, the City sponsors the program, but businesses can sponsor it,, as well. This book is a lesson about following rules and ultimately brings the family together with quality time. • Mrs. Clare, Layton, 12231 Lost Meadows, Schertz, who spoke on' the need for Council transparency regarding elected official absences. She provided an example in stating that the Mayor and Mayor Pro -Tern last week were absent and that the meeting started without an acknowledgement of or explanation for missing elected officials. She had asked and received silence and no answers to hef"question despite the last paragraph under hearing of residents which states discussion bathe Council of any item not on the agenda shall be limited to statement of specific factual information given in response to an inquiry. Again, she stated she inqu ted and received no� response. She requested a neutral explanation be provided for future absences and provided examples. In closing, she stated that since Councilmember Fowler, mentioned the military she would also like to say please protect members of the Schertz first responders and also bless their families because they do make sacrifices so that all who live in the City are kept safe. Mayor Carpenter stated that as a matter of factual information at the previous meeting Mayor Pro -Tem Ed arils Bind he I both let the Council know that they would be absent. He stated that it is proper and customary for us to notify our colleagues when they are not going to be at a meeting. They both did so and recognized that the Mayor and Mayor Pro - T"em would both be absent.'' 'Mayor Carpenter stated that our Rules of Procedures require that,the most senior buncilmember would preside over the following meeting. We did make "sure that was conveyed and Councilmember Fowler did preside over the meeting last weep. Mayor Carpenter also stated that Ms. Layton was correct that they do not specify, until generally, after the fact, the reasons for absences as it is unwise for us to let potential criminal elements know when our houses are going to be unattended. While we are elected we :also remain private citizens and he personally wishes to protect the interests of his; house and is happy to share at this time why he was out of town. Mayor Carpenter stated that he went to Utah to visit his father who is losing his battle with cancer; he sat next to his daddy and held his hand to say good bye to him as they called Hospice in. If it is important that you know the details, then that was the proper place for him to be last week. Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated that as a statement of fact he was in Minnesota visiting his mother -in -law who is also ill. 7 -21 -2015 Minutes Page - 6 - • Ms. Maggie Titterington, 1730 Schertz Parkway, who stated that the Chamber had a great luncheon today with guest speakers from TxDOT. She stated she does not know who posed the question regarding the lights that are blinking on FM 1518, but in response from TxDOT, the signal at FM 1518 and Schaefer Road is an overhead flashing beacon. She stated they have a pole up and a power line and the question was why it was not a traffic light. She stated that Schaefer Road will have a flashing red beacon and FM 1518 will have a yellow flashing beacon. They stated that at this time TxDOT does not have sufficient traffic volume for a full traffic signal at this location but they feel that this was a step in the right direction to get that traffic signal up. Ms. Titterington also stated that the Home Living Showcase this past weekend was a great success. There were 445 attendees for their first showcase and will be doing this again next year. She thanked everyone for attending. Ms. Titterington stated that she is currently working with EDC on a booklet for doing and planning a business in Schertz. This booklet will outline the details of where you start and provide specific telephone numbers to get them off in the right ,direction. This booklet will be made available at the Schertz ;Chamber office as they do,,, get inquiries. They will also be doing similar booklets for Cibolb, and So lima. • Mr. Ivory Freeman, 1312 Brush"'lrail Lane, Cibolo, who introduced everyone to their new Military Affairs Committee, which is called SCMAC — Schertz Chamber Military Affairs Committee. This committee was formed to build cohesion between the Cities that are north of FM 1604 and Joint Base' Randolph. He stated that they feel it is critical to enhance the relationships between the military and the community. He provided information on their first event which was held at Wayland Baptist University where they held workshops and hiring events. It was a huge success and plans are in the making to provide thii,again in 'January or February. The next big endeavor is to pair up with Randolph regarding their October Air Show to host their VIP tent where they are expecting to support 200 participants of the air show. He stated that they will be looking for support and are excited about the new program. • Miss Breanna Monette, 501 FM 3009, Schertz, who spoke about her new role as an ambassador with the Miss Texas Sweetheart Princess of America. Miss Monette spoke about the pageant and the program. Mayor Carpenter thanked her for attending this evening and for her accomplishment. Discussion and Action items 7 -21 -2015 Minutes Page - 7 - 2 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of July 14, 2015. (J. Kessel /B. Dennis) Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Azzoz to approve the minutes of the regular meeting of July 14, 2015. The vote was 4 -0 -1 with Councilmembers Fowler, Azzoz, John and Thompson voting for, no one voting no, and Mayor Pro -Tem Edwards abstaining. Motion passed. Resolution No. 15 -R -46 — Consideration and/or action .approving a Resolution authorizing a Reimbursement Agreement with Titan Development. Q. Kessel /B. James) The following was read into record: RESOLUTION A RESOLUTION BY THE CITY CC TEXAS AUTHORIZING THE CITI ENGINEERING DESIGN REIMBURS CITY OF SCHERTZ AND TITAN DE IN CONNECTION THEREWITH.. . OF THE CITY OF SCHERTZ, AGED TO ENTER INTO AN AGREEMENT BETWEEN THE DENT, AND OTHER MATTERS etch Brian James who stated the goal here is )pment for engineering design costs incurred 'he drainage channel system was designed to jacent to and south of Tri- County Business a 2007 agreement between the then previous y, the previous owners of the Caterpillar 3chertz Economic Development Corporation property owners and the SEDC shared the Subsequent to the 0oristructiotoif the channel systems, development began occurring on multiple properties within and outside the area covered by the agreement. In order to adequately convey alt;'of, the drainage flows, alterations to the original channel design to address the impacts to both the Titan property and Caterpillar property were necessary. In an effort to facilitate the improvements the City is proposing to reimburse Titan Development fot the engineering costs associated with designing the improvements. The private property owners are sharing the cost of the construction. Resolution No. 15 -R -46 authorizes the City Manager to enter into a reimbursement agreement for not more than $1.4,800. The improvements to the channel allow it to function appropriately as it conveys flow from the larger region. City staff recommends granting the easement. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 1.5 -R -46. The vote was 7 -21 -2015 Minutes Page - 8 - unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 3. Resolution No. 15 -R -61 — Consideration and/or action authorizing a perpetual easement for constructing, operating, maintaining, and repairing a storm system and related drainage improvements with Additional 6, LLC, a Texas Limited Liability Company. (J. Kessel /B. James) The following was read into record: RESOLUTION NO. 15 -R -61 a park amenity. Mayor Carpenter:- recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler to approve Resolution No. 15 -R -61. The vote was unanimous with ' Mayor Pro -Tm Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Roll Call Vote ConFtkation Deputy City Secretary Donna Schmoekel who provided the roll call vote information for agenda items 1, 2, and 3. Requests and Announcements 4. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions 7 -21 -2015 Minutes Page - 9 - • New Departmental initiatives No further announcements were provided. 5. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests were made. 6. Announcements by Mayor and Councilmembers • Wednesday, July-15,2015, VIP Staffing Ribbon Cutting, 1256 FM 78. • Tuesday, July 2-1,2015, Monthly Chamber Luncheon, Schertz Civic Center. Mayor . Carpenter recognized Councilmember Azzoz who expressed his sincere gratitude for everyone who, came out yesterday to attend and support the Operation Comfort Fundraiser held at Grumpy' s Cafe. He stated they raised over $5,000.00. Mayer Carpenter, recognized Councilmember Thompson who commented further regarding the Hoge Living Showcase this past weekend stating this is the only showcase that is held between San Antonio and New Braunfels. The residents that attended seem, ' 6a appreciative. Councilmember Thompson stated that he wanted to extend compliments to city staff members at the Schertz Civic Center for assisting with and hosting the event. Councilmember Thompson also thanked EDC Executive Director Kyle Kinateder who also attended the event. He stated sometimes the perception is that all we care about is the big businesses but seeing our EDC Director out there interacting with the small local businesses was very reassuring and well received on many different fronts from them. He stated that they already have citizens looking forward to next year's event. Adiournment 7 -21 -2015 Minutes Page - 10 - Meeting was adjourned at 7:04 p.m. Michael R. Carpenter, Mayor ATTEST: Donna Schmoekel, Deputy City Secretary 7 -21 -2015 Minutes Page - 11 - Agenda No. 2 lei I M401"LlueI Ed 1 010 [Q T.110111/lu l City Council Meeting: July 28, 2015 Department: Public Works Subject: Ordinance 15 -F -17 —An. Ordinance repealing an Ordinance of the Code of Ordinances for the City of Schertz, Texas 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. Final Reading. BACKGROUND Staff researched and reviewed the current Solid Waste Ordinance 13 -F -03 adopted on March 5, 2013 and found that it was out of date, was a combined Solid Waste Ordinance and Franchise Ordinance and did not include important provisions that are needed regarding the collection and disposition of solid waste and recyclable material in the City in the best interest of the health, safety and welfare of the citizens of the City. Council possesses, pursuant to the Texas Local Government Code, the authority to regulate the collection and disposal of solid waste and recyclable material in the City. The updated Ordinance outlines the requirement of the use of the City's Solid Waste Franchisee. This Franchisee is Bexar Waste and is recommended for approval in its own Franchise Ordinance. City Council approved this on first reading at their meeting of June 23, 2015. Community Benefit To provide the City with an updated and correct Solid Waste Ordinance that contains the proper provisions that are needed in the best interest of the health, safety, and welfare of the citizens of the City. Summary of Recommended Action Staff recommends Council approve Ordinance 15 -F -17 establishing a new Solid Waste Ordinance for the City of Schertz on the final reading. FISCAL IMPACT No fiscal impact to approve the Solid Waste Ordinance. The City will continue the collection of franchise fees with scheduled rate increases as outlined in the separate Solid Waste Franchise Ordinance. RECOMMENDATION Staff recommends Council approve Ordinance 15 -F -17 on final reading. ATTACHMENT Ordinance 15 -F -17 ORDINANCE NO. 15 -F -17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, REPEALING AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ 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 WHEREAS, the City of Schertz, Texas (the "City ") is a Home Rule City possessing the full power of local self - government pursuant to Article 11, Section 5 of the Texas Constitution, Section 51.072 of the Texas Local Government Code, and the City's Home Rule Charter; and WHEREAS, the City Council of the City of Schertz, Texas ( "City Council ") possesses, pursuant to the Texas Local Government Code, the authority to regulate the collection and disposal of solid waste and recyclable material in the City; and WHEREAS, the City Council finds that the adoption of updated provisions regarding the collection and disposition of solid waste and recyclable material in the City is in the best interest of the health, safety and welfare of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct legislative determinations and are hereby incorporated into the body of this Ordinance as if copied in their entirety. Section 2. The Code of Ordinances of the City of Schertz, Chapter 34, Article III is hereby amended by deleting said chapter in its entirety and replacing it with new Chapter 34, Article 111, which shall read as follows: ARTICLE 111. SOLID WASTE Sec. 34 -47. Solid Waste Program established. The City's solid waste collection, transportation and disposal program is hereby established for all residents and businesses of the City. Sec. 34 -48. Purpose of chapter; duties of property owners and occupants. The accumulation of garbage, recyclable material, rubbish, brush and other refuse constitutes a public nuisance, a health hazard, a fire hazard and a safety hazard. Therefore, it shall be required that owners and tenants of private residences, private commercial buildings and businesses, and the occupants of all private noncommercial buildings which accumulate refuse, deposit their garbage, rubbish, brush, and other refuse for removal by the agent designated by the city. Such owners, renters and occupants shall maintain the premises of the buildings and property free of accumulations of all other waste materials and nuisance materials. Such owners, renters and occupants shall not allow materials intended for recycling to create a nuisance on the premises of buildings and properties. All waste materials shall be disposed of in a place and by methods deemed appropriate by the City. The purpose of this chapter is to provide for a method of collecting and disposing of garbage, recyclable material, rubbish, brush, and other refuse, and to maintain neighborhood quality and 1 aesthetics and maintenance of property values by providing for the general health and welfare. Sec. 34 -49. Residential and Commercial occupants must use services of franchisee It is hereby prohibited for any individual to utilize the services of any individual or corporation for purposes of residential solid waste collection other than the City's designated solid waste franchisee. Every residential occupant shall subscribe to the services of the franchisee having the exclusive franchise for collection and disposal service with the City. It is declared to be unlawful for the occupant of any of the premises described in this section to fail or neglect to provide for the removal of solid waste as required under this Article. Sec. 34 -50. Defined Terms. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 100 -year flood means a flood that has a 1.0 percent or greater chance of recurring in any given year or a flood of a magnitude equaled or exceeded once in 100 years on the average over a significantly long period. Bags means plastic sacks designed to store garbage, recyclable material, rubbish, brush, or other refuse with sufficient wall strength to maintain physical integrity when lifted by the top. The total weight of a bag and its contents shall not exceed thirty -five (35) pounds. Brush means plants or grass clippings, leaves or tree trimmings, including bags and /or bundles of landscape waste. Bulky waste means stoves, refrigerators with a freon evacuation certificate, water tanks, washing machines, furniture, carpet, fencing materials, more than ten bags of landscape waste or bundles of brush and other items of a similar nature that can be loaded by two employees in five (5) minutes or less, except construction debris, dead animals, hazardous waste or stable matter with weights or volumes greater than those allowed for trash collection containers. Bundle means tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet (4') in length or fifty pounds (50 lbs.) in weight. Commercial means any structure other than single - family and duplex residential development including hotels, motels, residential structures containing three or more dwellings, and residential care facilities. Commercial garbage means all normal establishment waste products of commercial buildings or establishments, including multifamily dwellings, other than single - family and duplex residential development, other than sewage and body waste, manure, dead animals over ten pounds in weight, special and hazardous waste, large tree trimmings, demolition or remodeling debris, or any other waste material that cannot be broken down to fit into commercial garbage containers herein specified. Commercial garbage compactor means all steel or metallic containers provided by the City or its contractor. Designed to hold compacted commercial garbage shall specifically include 20, 30 and 40 yard compactors. Commercial garbage container means all steel or metallic containers, provided by the City or its contractor, designed to hold commercial garbage, and 2 shall specifically include all roll -off containers, roll -off compaction containers, and all such containers with a volume of between three (3) cubic yards and ten (10) cubic yards. Commercial recycling container means all steel or metallic containers, provided by the City or its contractor, designed to hold recyclable material, and shall specifically include such containers with a volume of between six (6) cubic yards and eight (8) cubic yards. Commercial recycle material compactors means a roll off with or without a compactor designed to hold loose or compacted recycle. Material constructed of steel or metallic material provided by the City or the contractor. Container lease charge means a monthly charge that shall be assessed for the use of trash collection containers that are provided by the sanitation contractor. Said charge shall apply to 20- cubic -yard, 30- cubic -yard, and 40- cubic -yard open -top containers. Dead animals means animals or portions thereof equal to or greater than ten pounds in weight that have expired from any cause, except those slaughtered or killed for human use. Designated contractor means such private firm designated by the City for the collection, transportation, and /or disposal of solid waste, and the collection, transportation and /or processing of recyclable materials. Extra accumulations means quantities of waste that are containerized or bundled that cannot be fitted into the 95- gallon residential garbage receptacle, not exceeding ten bundles of brush or normal bags of waste (for amounts in excess described herein refer to unusual accumulations). Garbage. See "Commercial garbage" or "Residential garbage." Generator means any person whose acts or processes produces or causes solid waste and /or recyclable materials. Hauler means a person, other than the designated contractor, who has obtained and maintains a valid permit to collect and divert recyclable materials. Hazardous waste means any solid waste identified or listed as a hazardous waste by the administrator of the U.S. Environmental Protection Agency (EPA) pursuant to the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., as amended. Landfill means facility operated by and approved by TCQ. Municipal Solid Waste or MSW means garbage, trash, refuse, brush, yard waste, and other waste generated in residences and commercial establishments as well as debris resulting from traffic accidents in the City (excluding wrecked or disabled vehicles which are removable by a wrecker service). Nonresident means persons residing other than within the corporate city limits. Nuisance means solid waste that is stored, processed or disposed of in an unsightly manner that causes the pollution of surrounding land, the contamination of groundwater or surface water, the breeding of insects or rodents, or the creation of odors adverse to human health, safety or welfare. Permitted recycle contractor means a company or corporation to transport loose or compacted recycle material for a manufacture or holding company for 9 recyclable material and shall be in compliance with Article 111 Sec. 34 -61 of the code of ordinances. Person means any person, firm, corporation, business trust, partnership, association, organization or municipal entity, incorporated or unincorporated, other than the City. Premises means all public and private establishments, including individual residences, all multifamily dwellings, residential care facilities, hospitals, schools, businesses, other buildings and all vacant lots. Provider means Entity providing solid waste collection and disposal services. Recyclable material means any material, substance or byproduct that has been recovered or diverted from the non - hazardous waste stream for purposes of reuse, recycling or reclamation, and is any material or product designated in writing by the city's Director of Public Works or his or her designee as being suitable for reuse, recycling or reclamation. Recycle means to collect, buy, sell, and store and/or produce any material, substance or product from waste material or byproducts and to keep such from being included in the waste stream intended for disposal. Refuse means all solid waste except hazardous wastes. Residential garbage means all normal waste products of single - family and duplex residential development, other than sewage and body waste, manure, dead animals over ten pounds in weight, special and hazardous waste, large tree trimmings, demolition or remodeling debris, or any other waste material that cannot be broken down to fit into residential garbage receptacles herein specified. Residential garbage receptacle means a plastic or metal receptacle, designed for automated or semi - automated solid waste collection systems, and having a tight fitting lid capable of preventing littering and the entrance into the container by small animals. The weight of the receptacle and its contents shall not exceed seventy five pounds (75 lbs.) and shall be designed for ease of movement and use. One receptacle shall be provided in designated areas unless customer wants to pay for each additional container, with ownership of the receptacle retained by the contractor. Residential recycling receptacle means a plastic receptacle provided by the city or its contractor, designed for automated or semi - automated recyclable material collection systems, and having a tight fitting lid capable of preventing littering and the entrance into the container by small animals. The weight of the receptacle and its contents shall not exceed seventy five pounds (75 lbs.) and shall be designed for ease of movement and use. A receptacle shall be provided in designated areas, with ownership of the receptacle retained by the contractor. Residents means persons residing within the corporate limits of the City. Rubbish means any nonputrescible solid waste, including aluminum cans, paper, boxes, glass, yard trimmings, leaves, feathers and any other matter commonly understood to be rubbish. Solid waste means garbage, rubbish, refuse, sludge from a wastewater treatment plant, water supply treatment plant or air pollution control facility, and other discarded material, including solid, liquid, semi -solid or contained gaseous material resulting from industrial, municipal, commercial, mining and agricultural operations and from community and institutional activities. The term does not include: 0 (1) solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued under Vernon Texas Statues and Codes, Water Code, Ch. 26, as amended; (2) soil, dirt, rock, sand or other natural or manmade inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements; or (3) waste materials that result from activities associated with the exploration, development or production of oil or gas or geothermal resources and other substance or material regulated by the Railroad Commission of Texas under Vernon Texas Statues and Codes, Natural Resources Code, § 91.101, as amended, unless the waste, substance or material results from activities associated with gasoline plants, natural gas liquids processing plants, pressure maintenance plants or re- pressurizing plants and is hazardous waste as defined by the administrator of the United States Environmental Protection Agency under the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as amended (42 U.S.C. § 6901 et seq.). (4) Recyclable material; however, recyclable material may become solid waste at such time, if any, as it is abandoned or disposed of as other solid waste, rather than recycled, whereupon it will be solid waste with respect only to the party actually abandoning or disposing of the material. Special waste means solid waste or a combination of wastes that, because of its quantity, concentration, physical or chemical characteristics or biological properties, requires special handling and disposal to protect the human health or the environment. If improperly handled, transported, stored, processed or disposed of or otherwise managed, it may pose a present or potential danger to human health or the environment. Special waste includes, but is not limited to: (1) hazardous waste from conditionally exempt small - quantity generators that may be exempt from full controls under 30 Tex. Admin. Code §§ 335.401 -- 335.419, as amended, relating to household materials which could be classified as hazardous waste; (2) class I industrial nonhazardous waste not routinely collected with municipal solid waste; (3) special waste from health- care - related facilities (refers to certain items of medical waste); (4) municipal wastewater treatment plant sludge's, other types of domestic sewage treatment plant sludge's, and water - supply treatment plant sludge's; (5) septic tank pumpings; (6) grease and grit trap wastes; (7) wastes from commercial or industrial wastewater treatment plants, air pollution control facilities, and tanks, drums, or containers used for shipping or storing any material that has been listed as a hazardous constituent in 40 C.F.R. Ch. 261, Appendix VIII, as amended, but has not been listed as a commercial chemical product in 40 C.F.R. § 261.33(e) or (f), as amended; (8) slaughterhouse wastes; (9) dead animals; (10) drugs, contaminated foods, or contaminated beverages, other than those contained in normal household waste; (11) pesticide (insecticide, herbicide, fungicide, or rodenticide) containers; (12) discarded materials containing asbestos; (13) incinerator ash; (14) soil contaminated by petroleum products, crude oils, or chemicals; (15) used oil; (16) light ballasts and /or small capacitors containing polychlorinated biphenyl (PCB) compounds; (17) waste from oil, gas, and geothermal activities subject to regulation by the state railroad commission when those wastes are to be processed, treated, or disposed of at a solid waste management facility permitted under this chapter; (18) waste generated outside the boundaries of the state that contains: a. any industrial waste; b. any waste associated with oil, gas and geothermal exploration, production or development activities; or C. any item listed as a special waste in this definition; (19) any waste stream other than household or commercial garbage, refuse or rubbish; (20) lead acid storage batteries; and (21) used -oil filters from internal combustion engines. Unusual accumulations means: (1) for residences, each regular collection that cannot fit into a residential garbage receptacle; (2) for commercial establishments, accumulations that would not occur in the ordinary course of business; (3) bulky waste; (4) materials judged by the Director of Public Works or his duly appointed representative to be hazardous, such as oil, acid or caustic materials; and (5) existing conditions favorable to the harboring and /or breeding of any agent, such as an insect, reptile, rodent or other agents capable of transferring a pathogen from one organism to another. Sec. 34 -51. Sanitation service deposits and fees. Deposits and fees as specified in Appendix A of the Code of Ordinances which may be amended from time to time shall be required of all customers 9 requesting the collection and disposal of refuse by the City's designated contractor as specified in Section 34 -58. All utility customers shall receive solid waste and recyclable material collection service. The charges for collection service shall be included on the monthly utility bill of the customer. For partial months, such charges shall be prorated for each and every day of the month during which such service is available and provided to the residential customers. An increase in monthly fees may be made upon approval of the city council. A penalty for overdue payment of the monthly utility bill may be charged. Sec34 -52. Garbage, recyclable material, rubbish, brush and refuse nuisances. The storing or keeping of garbage, rubbish, brush, refuse and/or recyclable material that is unsightly or a health, fire or safety hazard or a harbor for reptiles, rodents, insects, or other animals is prohibited and shall constitute a public nuisance. Removal of all such materials is the owner's responsibility and shall be done at the owner's expense. Sec. 34-53. Dumping. Dumping of any garbage, solid waste, recyclable material, rubbish, brush and /or other refuse in any place and in any manner other than that designated in this chapter is prohibited. Sec. 34 -54. Collection containers and receptacles for garbage, trash, brush and recyclable material. (a) Every owner, tenant, occupant or lessee using or occupying any building, house, or structure within the corporate city limits of the City of Schertz for residential, church, school, commercial, business or other purpose shall use a collection container that is only in designated areas or receptacle authorized by this article provided by the city, its designated contractor as specified in Section 86 -32, or a hauler. All garbage and trash mixed with water or other liquids shall be drained before being placed in the collection container or receptacle. (b) Every owner, tenant, occupant or lessee using or occupying any building, house or structure within the corporate City limits of the City of Schertz for residential, church, school, commercial, business or other purpose shall notify the city of any loss, theft or damage to the collection container or receptacle and shall be responsible for replacement costs unless the damage is a result of collection by contractor. (c) It shall be the duty of every residential customer to keep the residential garbage and recycling receptacle in a clean and sanitary condition. (d) Except when placed for collection, residential garbage and recycling receptacles shall be stored behind the front building line if collection occurs from a public street, or stored adjacent to the main structure if collection occurs from an alley. Commercial collection containers or receptacles shall be kept in a screened area, unless such requirement is waived by the Director of Public Works or his duly appointed representative. (e) Brush that cannot fit into the residential garbage receptacle shall be tied in bundles not to exceed four feet (4') in length with no limbs exceeding six inches in diameter. Bundles of brush shall be comparable in size and weight with bags of garbage, not to exceed fifty pounds (50 lbs.) each. (f) The City Manager or his designated representative shall cause regular inspections to be made to ensure compliance with the terms of this section, and if any unsanitary collection container or receptacle is found, a notice shall be placed upon such collection container or receptacle informing the owner to clean a the same within five (5) days. Failure to comply with such notice shall constitute a violation of this section. Sec. 34 -55. Residential collection regulations. (a) There shall be collection twice weekly and once in designated areas for regular garbage, recyclable material, rubbish, and brush and landscape waste other than bulky waste. (b) It shall be the duty of the owner, occupant, tenant or lessee of a residence, commercial establishment or other building to place the garbage or recyclable material in proper receptacles at the curb line or at the alley most accessible to the collection crew vehicle as determined by the contractor and the Director of Public Works or his duly appointed representative. (c) Garbage and recyclable material shall not be placed at the point of collection before 6:00 p.m. prior to the designated day of collection and any garbage receptacles or recycling receptacles shall be removed within 24 hours from the point of collection and stored in accordance with section 86 -26, subsection (e). (d) Unusual accumulations, brush or bulky wastes shall not be placed for regular garbage pickup. Removal of unusual accumulations, brush or bulky wastes may be requested for a special collection, and there shall be an additional fee for such service as determined from time to time by City Council per pick -up truckload for more than twelve (12) pick ups per calendar year. The City shall be the authority to determine what constitutes unusual accumulations if there is a difference of opinion between a customer and the contractor. (e) Materials intended for recycling shall not be placed for collection with waste materials. Recycling collection activities are to be separate from garbage collection activities. (f) It shall be the duty of the owner, occupant, tenant or lessee of any premises to report the failure to collect properly prepared property garbage and recyclable material for a consecutive period of two (2) weeks to the City where the holder of a franchise granted by the City is responsible for such collection; and if the owner, occupant, tenant or lessee elects to regularly remove garbage and recyclable material from his premises, it shall be unlawful for such owner, occupant, tenant or lessee to remove such accumulation less often than required under this section. (g) All putrescible waste must be placed in the residential garbage receptacles. (h) From the time of placement of solid waste and of recyclable material at the point of collection by the owner, occupant, tenant or lessee of a residence for collection in accordance herewith, such solid waste and recyclable material shall be delivered by the designated contractor, as specified in Section 34 -60, to the appropriate facility for disposition designated by the City pursuant to contract with the City. Sec. 34 -56. Residential collection fees. (a) For the collection and removal of solid waste and brush in a residential garbage receptacle and collection of recyclables in a residential recycling receptacle once a week or twice in designated areas, a monthly charge shall be as determined from time to time by the City Council. (b) For each additional residential garbage receptacle, or residential recycling receptacle, the monthly charge shall be as determined from time to time by the City Council. (c) For the collection of unusual accumulations, there shall be a fee as determined from time to time by the City Council. (d) For other solid waste collection or disposal services not listed, the City and contractor shall work together to determine a reasonable fee, pending Council approval of the fee within sixty (60) days. Sec. 34 -57. Commercial collection regulations. (a) Collection containers commonly used by commercial garbage and recycling collectors, including residential garbage and recycling receptacles (for commercial use), shall be placed at a location on the premises mutually agreeable to the customer, the city, its designated contractor as specified in Section 34 -60, and hauler, as applicable. The Director of Public Works or his duly appointed representative may authorize the use by a commercial customer of residential garbage or recycling receptacles on a case by case basis after the commercial customer makes request for use of such residential receptacles. The collection and removal of garbage, recyclable material, rubbish and brush from buildings and premises used for commercial and institutional purposes shall not be made less than one (1) time per week and as often as necessary in order to maintain such premises free of accumulations of garbage, trash and brush. Materials for recycling shall not be placed for collection with waste materials. Recycling collection activities shall be separate from garbage collection activities. A commercial business shall be responsible for the collection and lawful disposal of hazardous waste generated by that commercial business. (b) From the time of placement of solid waste and of recyclable material at the point of collection by the commercial business for collection in accordance herewith, such solid waste and recyclable material shall be delivered by the designated contractor, as specified in Section 86 -32, to the appropriate facility for disposition designated by the City pursuant to contract with the City. Sec. 34 -58. Commercial collection fees. The service charge for commercial collections shall be based on the frequency of collection necessary and the amount regularly collected. (1) Minimum service level. The minimum service level is one (1) 96 Gallon garbage collection container and one (1) recyclable material collection container picked up one (1) time a week for a fee as determined from time to time by the City Council unless area has been grandfathered for twice a week pickup. Additional collection containers can be requested for an additional fee as determined from time to time by the City Council. The property owner is responsible for replacement of the collection containers in the case of theft, loss, or damage. There shall be a fee as determined from time to time by the City Council charged for collections of unusual accumulations. (2) Other solid waste collection and disposal services. For other solid waste collection or disposal services not listed, the City and contractor shall work together to determine a reasonable fee, pending City Council approval of the fee within sixty (60) days. (3) Service charges for private haulers of recyclable materials shall be by customer agreement. Sec. 34 -59. Collection and disposal of commercial garbage and recyclable material in central business district. 9 (a) The disposal of commercial garbage, recyclable material, rubbish and brush by placing the same in public trash receptacles located on public streets in the City is prohibited. The collection and removal of garbage, recyclable material, rubbish, and brush from buildings and premises used for commercial or institutional purposes shall be made not less than one (1) times per week and as often as necessary in order to maintain such premises free of accumulations of garbage, trash and brush. (b) Fee charges for private haulers of recyclable materials shall be by customer agreement. (c) No annual private haul vehicle will apply using the authorized solid waste & recycle franchise hauler. Sec. 34 -60. Collection contractor. (a) The City shall designate a contractor to regularly collect and remove all garbage, recyclable material, rubbish, brush and solid waste, excluding hazardous waste, from all premises within the corporate City limits. This agent shall operate by contract with the City. The City Manager shall take action to see that the terms of the contract are fulfilled. In the event of any conflict between the terms of the contract and the City's ordinances on the collection of solid waste, the ordinances shall control. The designated collection contractor shall not be responsible for the collection of hazardous waste except during special events. (b) In the event that the designated collection contractor lacks adequate and /or appropriate resources to collect and remove solid waste from public improvement projects, the Director of Public Works may authorize solid waste removal by another contractor. Sec. 34 -61. Disposal of solid waste. (a) Individual residents may remove garbage, recyclable material, rubbish, brush or unusual accumulations from their own residences, provided that the garbage, recyclable material, rubbish, brush or unusual accumulations are secured. (b) It shall be unlawful for any person to engage in the business of collecting solid waste within the City except as may be specifically authorized by contract with the City and the payment of a license fee to so operate. (c) It shall be unlawful for any person to engage in the business of collecting solid waste within the City except as may be specifically authorized in accordance with this article. Sec. 34 -62. Permit for private haulers of recyclable materials. (a) Permit Required. It shall be unlawful for any person, company, or corporation to engage in the business of collection of commercial recyclable materials without obtaining a permit from the Director of Public Works or his duly appointed representative. A separate permit shall be required for each generator from which the hauler intends to collect recyclable materials. (b) Letter of certification. A hauler shall only receive a permit for recyclable material if the hauler includes a letter of certification with the permit application. The letter of certification shall be from the recyclable material generator and shall certify to the City the name and address of the generator, the name and address of the desired hauler, the constituents to be recycled, a brief contingency plan ensuring that waste materials will be separated from the recyclables prior to hauling, arrangements for solid waste management, and the final destination of the recyclable materials. This information shall be amended as necessary. im (c) Application for commercial recycle compactor hauler Permit per haul vehicle. An applicant for a permit as a private hauler of recyclable materials must provide the following: (1) the business name; (2) the driver's name and driver's license numbers; (3) business address; (4) home address; (5) business phone number; (6) home phone number; (7) list of vehicles used for waste removal, including: a. make; b. model; and C. license number; (8) proof of current bond of ten thousand and no /100 dollars ($10,000.00) on a form provided or approved by the City; (9) the name of the final destination for recyclable materials and proof that such destination has demonstrated its ability to be an approved processor capable of diverting recyclable materials in accordance with all applicable laws and regulations; (10) proof of liability insurance; and (11) a permit fee and a fee for each additional permit requested as specified in Appendix A of the Code of Ordinances, which may be amended from time to time. This fee shall not be prorated for a partial year. All information required in this subsection (c) shall be amended and updated, within thirty (30) days of a change or when any of the current information in the possession of the City becomes outdated. (d) Renewal of Permit. ($2500.00 Annually) Each permit shall be renewed annually and the information listed in subsection (c) of this section shall again be provided, along with a copy of the bond renewal, liability insurance, name of recyclable materials processor and a renewal fee as specified in Appendix A of the Code of Ordinances, which may be amended from time to time. (e) Term of Permit. The term of the permit shall be from January 1 to December 31 of each year. An expired permit is not valid for continued operation under this chapter. (f) Vehicle Permit Required. Any vehicle used by a hauler for the purpose of removing and transporting recyclable materials must have, prominently displayed, a permit supplied by the City. (g) Collection and Diversion of Recyclable Materials. Haulers shall only divert recyclable materials in accordance with the requirements of this article and State law. Haulers shall submit evidence of such compliance with this article for each month demonstrating, at a minimum: (1) the amount of recyclable materials collected; (2) dates of collection; and (3) receipts for disposal. The City has the 11 right to inspect and audit the records of any hauler in order to ensure compliance with this section. Diversion of construction and demolition debris as recyclable material shall only be accomplished after separation of recyclable material from solid waste at the construction or project site. Commingling construction and demolition solid waste with construction and demolition recyclable material is prohibited. The failure of a hauler to separate at the source any recyclable material from solid waste, which results in the hauler transporting solid waste as an unauthorized solid waste contractor, may result in the revocation of the hauler's permit. (h) Revocation of Permit. The permit of a hauler may be revoked by the Director of Public Works for the following reasons: (1) failing to keep a current bond filed in the Public Works Department; (2) being observed by the Director of Public Works or his duly appointed representative placing recyclable materials or any other solid waste in any location other than as authorized by State law; (3) being observed by the Director of Public Works or his duly appointed representative improperly securing a load while in transit to or from any location that requires transport on City streets; (4) failure to display a permit on any truck used for recyclable materials; (5) being observed by the Director of Public Works or his duly appointed representative commingling solid waste with recyclable material and thereby transporting solid waste as an unauthorized solid waste contractor; or (6) when a recyclable material generator terminates the letter of certification referenced in section 34- 62(b). If the Director of Public Works revokes the permit of a hauler, the hauler must surrender all permits that have been issued to him by the Public Works Division. Operating under a revoked or expired permit is a violation of this section. (i) Restoration of Revoked Permit. A hauler may appeal the revocation of his permit to the City Manager or his duly appointed representative in writing within five (5) days of the date of revocation; the City Manager or his duly appointed representative shall have the authority to reverse or uphold the revocation or establish terms by which the permit may be restored. The decision of the City Manager or his duly appointed representative shall be final. If a permit has been revoked due to illegal dumping by a hauler, the permit may only be restored with the payment of a restoration fee. If a permit revocation is upheld by the City Manager or his duly appointed representative, the private hauler of recyclable materials may only obtain a new permit, as follows: (1) after the first revocation: the applicant for a permit must make payment of a restoration fee as determined from time -to -time by the city council; and (2) after the second or subsequent upheld revocation, a hauler may not obtain a new permit under this article for twelve (12) calendar months from the date of revocation. (j) Transferability. The permit is not transferable. A permit shall be required for each hauler desiring to provide service on a case -by -case basis. Sec. 34 -63. Transport of refuse. 12 (a) Refuse collected by persons other than the agent designated by the City shall be transported in vehicles which are covered by a metal top, screening or canvas or in such other manner so as to prevent the escape of any particle of refuse. Refuse escaping from such a truck shall be deemed as litter, and the driver shall be responsible for littering. (b) Haulers from any locale other than the City using the streets of the City shall be required to use similarly suitable vehicles and to be responsible for the containment of the contents, as provided in subsection (a), above. Sec. 34 -64. Prohibited acts. (a) Pilfering, scattering contents or meddling with garbage, recyclables, rubbish, brush or collection containers or receptacles by any person other than the owner, occupant or authorized agent is prohibited. (b) It shall be unlawful for any person to deposit any burning match, charcoal, ember or other burning material in any collection container or receptacle used for the disposal of garbage, recyclable material, rubbish, or brush. (c) It shall be unlawful for any person to deposit any materials not included in the definitions of garbage, recyclable material, rubbish and brush in any collection container or receptacle used for the disposal of garbage, recyclable material, rubbish or brush. (d) It shall be unlawful for any unauthorized person, other than the commercial customer or its employees or agents, to deposit any materials in a commercial collection container or receptacle. (e) It shall be unlawful to deposit solid waste generated from within the corporate City limits in any place other than a landfill designated in this chapter unless authorized by the executive Director of Public Works or his duly appointed representative. (f) It shall be unlawful to store or place in a screening enclosure that is provided for garbage and /or recycling containers and /or receptacles any debris, solid waste or any other item for storage that is not a solid waste and /or a recycling container and /or receptacle. (g) It shall be unlawful to bring in waste for disposal from outside of City of Schertz City limits. Sec. 34 -65. Diversion of recyclable materials. (a) Individual residents may remove recyclable material from their own residences; provided that the recyclable materials are secured as provided in section 34- 63(a). (b) It shall be unlawful for any person, including, without limitation, a resident or commercial business customer, to cause a diversion of recyclable materials at any location in violation of State law. (c) No person, including, without limitation, a resident or commercial business customer, may contract for the diversion of recyclable materials with a person who is not a permitted hauler in compliance with section 34 -60. Sec. 34 -66. Wastes from tree - trimming operations. 13 It shall be the duty of any person employing a contractor, tree - trimmer, or other person to trim or prune trees or shrubs to have said trimmings removed from the premises at his own expense. Sec. 34 -67. Applicability of state law. The provisions of this article are adopted under V.T.C.A., Health and Safety Code ch. 361. (a) The regulations promulgated in this article cover all aspects of municipal solid waste management under the authority of the State and are based primarily on the stated purpose of Vernon Texas Statue and Codes, Health and Safety Code ch. 361, as amended, hereafter referred to as the Texas Solid Waste Disposal Act. The owner or operator of a municipal solid waste landfill (MSWLF) facility shall comply with any other applicable federal rules, laws, regulations or other requirements. (b) All permits, including any special provisions therein, issued by the applicable State Department shall remain in force after the effective date of the ordinance from which this article is derived. To the extent that a standard has been changed by this article, the permittee may continue to operate under standards contained in previously issued permits, except for those requirements mandated by EPA 40 C.F.R. §§ 257 and 258, as amended, which implement certain requirements of subtitle D of the Resource Conservation and Recovery Act (RCRA). For those Federally mandated requirements, the permittee is under an obligation to apply for a change to his permit in accordance with Federal and State law, as applicable, to incorporate the required standard. Timely submission of a request for a permit change qualifies the owners or operators of existing MSWLF units for interim status. MSWLF facility owners or operators with interim status are treated as having been issued a permit modification or amendment until the Executive Director makes a final determination on the permit modification request or the commission makes a final determination on the permit amendment request. Facility owners or operators with interim status must comply with the requirements of this article upon the effective date of this article. (c) A permit or license shall be required for each municipal solid waste (MSW) unit, as required by applicable law, and the City Manager, at his discretion, may include one or more different types of units in a single permit if the units are located at the same facility. (d) The following are some of the rules with which the City's Public Works Director should have a working knowledge: (1) 30 Tex. Admin. Code ch. 281. This chapter describes how a permit application, amendment or modification is processed and approved; (2) 30 Tex. Admin. Code ch. 305. The chapter details the preparation and form of permits, applications, amendments and modifications; (3) 30 Tex. Admin. Code ch. 330. This chapter outlines municipal solid waste management rules. This is the principle rule municipal solid waste managers utilize; and (4) 30 Tex. Admin. Code ch. 335. This chapter outlines rules covering management of hazardous waste, both industrial and municipal. It also outlines how industrial solid waste is handled and when it can be deposited in municipal solid waste landfills. (e) Regional and local plans. Every region in the State is completing a regional plan. The regions are defined by the existing regional Councils of Government established by the State Legislature. These regional plans outline important data in analyzing the solid waste needs or to help with problem solving. El The regional or local plan should be consulted for guidance or consistency in solving a problem or deciding on a course of action. In either case, the solid waste manager should be consistent with the plan, or seek amendment to the plan, before proceeding to implement a solution. Sec. 34-68. Enforcement. The provisions of this article shall be enforced by the Director of Public Works or his duly appointed representative, and it shall be unlawful for any person to interfere with or hinder the Director of Public Works or his duly appointed representative in the exercise of his duties under this article. Notwithstanding any provisions contained herein to the contrary, the Director of Public Works or his duly appointed representative are hereby granted the authority to issue immediate citations to persons violating any provision of this article. Sec. 34 -69. Offense. (a) Any person violating or failing to comply with any provision or requirement of this article, who continues to violate or fails to comply with same, shall also be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $2,000.00, such offenses listed herein being violations of the health and safety ordinance of the City. A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur. This section shall be in addition to and cumulative of the provisions for abatement by the City of any nuisance created by the violation of this ordinance and the charging of the cost of abatement of said nuisance against the owner of the property. (b) Notwithstanding the foregoing, any violation of any provision of this article which constitutes an immediate danger or threat to the health, safety and welfare of the public may be enjoined in a suit brought by the City for such purpose. (c) In addition to any other remedies or penalties contained herein, the City may enforce the provisions of this article pursuant to the applicable provisions of Vernon Texas Statues and Codes, Local Government Code Ch.54, which chapter provides for the enforcement of municipal ordinances. (d) Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this article." Section 3. The Code of Ordinances of the City of Schertz, Article III Solid Waste, Appendix A, Schedule of Fees, is hereby amended and shall read as follows: "APPENDIX A — SCHEDULE OF FEES ARTICLE III - SOLID WASTE. Sec. 34 -70. Sanitation service deposits and fees. Sec. 34 -71. Residential collection regulations. Garbage Collection Fees 1 201415 Residential: Class I: Residential, Single Family, per month im Special Pickup: Move Ins, Special Tree Trimmings, oversize $16.30 materials, & similar circumstances; minimum Class IA: Residential, Front Curb, per month $17.08 Class 113: $11.70 Once a week residential pick -up in selected areas. (Contractor will provide a 96 gallon cart at no charge); per month Class II: Mobile Horne Parks $9.33 Mobile Home Parks (2 or more mobile homes) (based on number in park on the 15th day of the month), per unit /monthly Class III: Apartments $9.33 per unit /monthly Class IV: Motels $4.12 per unit /monthly 2 Commercial Class V: $14.81 Offices, barber shops and Professional services, per month Class VI: $25.54 Light retail, wholesale, commercial or industrial, 2000 to 4000 square feet and excluding large grocery stores, etc., per month Class VII: $37.09 Medium retail, wholesale commercial or industrial (2000 to 4000 square feet and exclude large grocery store, etc.), per month 2 Cart, 1 pickup per week $38.29 Class VIII: Heavy Volume retail wholesale, commercial, or industrial (placement determined by a time and cost study of im 11.70 2 Cart pick up 17.53 3 Cart Pick up 23.38 4 Cart Pick up 29.22 Recycling Fee, per month /container $ 1.93 Special Pickup: Move Ins, Special Tree Trimmings, oversize $16.30 materials, & similar circumstances; minimum Class IA: Residential, Front Curb, per month $17.08 Class 113: $11.70 Once a week residential pick -up in selected areas. (Contractor will provide a 96 gallon cart at no charge); per month Class II: Mobile Horne Parks $9.33 Mobile Home Parks (2 or more mobile homes) (based on number in park on the 15th day of the month), per unit /monthly Class III: Apartments $9.33 per unit /monthly Class IV: Motels $4.12 per unit /monthly 2 Commercial Class V: $14.81 Offices, barber shops and Professional services, per month Class VI: $25.54 Light retail, wholesale, commercial or industrial, 2000 to 4000 square feet and excluding large grocery stores, etc., per month Class VII: $37.09 Medium retail, wholesale commercial or industrial (2000 to 4000 square feet and exclude large grocery store, etc.), per month 2 Cart, 1 pickup per week $38.29 Class VIII: Heavy Volume retail wholesale, commercial, or industrial (placement determined by a time and cost study of im refuse generation and collection. The categories in this class usually require hand loading from rooms or pens and would not apply when commercial containers are used.) A. Two weekly pickups of 1.5 cubic yard containers, excluding large grocery, furniture or department stores, per month $65.91 B. Two weekly pickups of 3 cu. Yard containers, excluding large grocery, furniture or department stores, etc., per month $131.80 C. Three weekly pickups of 3 cu. Yard containers, excluding large grocery, furniture or department stores, etc., per month $205.95 D. Four weekly pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc., per month $247.11 E. Five weekly pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc., per month $329.49 F. Six weekly pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc., per month $411.92 G. Customer requiring more than four (4) cu. Yds each pickup would be charged per cu. Yds. Collected., per yard $4.56 3. Commercial Containers. CONTRACTOR will provide commercial containers to those customers who desire to use them in lieu of garbage cans. The use of such CONTRACTOR provided containers is required by this contract. Rates for containers and pickup will be based on the following table: Container Size: Frequency of Pickup 2013 - 14/2014 -15 1 2 3 4 5 6 2 cu. Yard $56.06 $95.46 $115.30 $131.81 $148.29 $164.75 3 cu. Yard $67.57 $121.89 $168.06 $192.73 $217.48 $242.17 4 cu. Yard $83.98 $145.02 $197.69 $238.87 $280.09 $321.28 in 6 cu. Yard $118.66 $ 197.69 $271.86 $346.02 $420.08 $494.24 8 cu. Yard $140.06 $255.36 $354.18 $453.06 $552.61 $650.78 10 cu. Yard $161.43 $296.51 $420.08 $527.23 $634.28 $741.35 4. Roll -Off Rates Per Pull Open Top Containers - Dry Material 20 cu. Yard 30 cu. Yard 40 cu. Yard Roll -off Rental (no pulls within billing cycle) per container per month Collection and Disposal of Municipal Wastes 5. Wet Material Rates on Compactor containers or open top containers with wet material must be negotiated with customers at the time they are needed. This type of waste must be hauled to a Type I landfill which generally has a higher disposal rate attached to it. Roll -off Container Delivery Charge per container Roll -off Relocation or Trip Charge per container 2 cu. Yard compactor, per month (2 services per week) Extra pick ups (2 yard compactor), each 4 cu. Yard compactor, per month (2 services per week) 30 cu yard Compactor, per pull 40 cu yard Compactor, per pull 30 cu yard Open -top (Recycle), per pull Front -Load container extra pick -up charges 2 cu yard 3 cu yard 4 cu yard 6 cu yard 8 cu yard 10 cu yard OVER WEIGHT CHARGE im $304.77 $362.42 $420.08 $126.02 $36.73 $36.73 $217.14 $82.33 $447.33 $551.91 $655.71 $205.82 $28.01 $35.01 $42.02 $49.02 $56.02 $63.01 To address non standard requests, the solid waste contractor can negotiate a fee with the customer requesting the service. The City will collect 15% of the negotiated fee per the franchise agreement. Annual permit fee, per fiscal year ... $2500.00" Section 4. All ordinances, orders or resolutions heretofore passed and adopted by the City Council of the City of Schertz, Texas, are hereby repealed to the extent that said ordinances, orders or resolutions, or parts thereof, are in conflict herewith. Section 5. If any section, subsection, clause, phrase or provision of this Ordinance, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections, clauses, phrases and provisions of this Ordinance, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Section 6. This Ordinance shall become effective immediately upon its passage and publication as provided by law, and it is accordingly so ordained. 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 28th day of July, 2015. City Secretary, Brenda Dennis APPROVED AS TO FORM: City Attorney im Mayor, Michael Carpenter Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: July 28, 2015 Department: Public Works Subject: Ordinance 15 -F -18 — An Ordinance granting Cibolo Waste Incorporated, DBA Bexar Waste Inc., a Franchise for Municipal Solid Waste Collection, Recycling, and Household Hazardous Waste Collection and Disposal Program; imposing provisions and conditions relating to the exercise of same and providing for penalties not to exceed $2,000 for violation thereof, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance. Final Reading. Staff researched and reviewed the current Solid Waste Ordinance 13 -F -03 adopted on March 5, 2013 and found that it was out of date and was a combined Solid Waste Ordinance and Franchise Ordinance. After researching benchmark cities, Staff determined that the best action for the City would be to have a separate Franchise Ordinance and a separate Solid Waste Ordinance in lieu of a combination of the two. The City is responsible to protect its citizens against nuisances derived from solid waste by providing solid waste handling services including, but not limited to, recycling and the collection, transfer and disposal of solid waste; and the Texas Health and Safety Code, chapter 363, authorizes the City to determine all aspects of solid waste handling which are of local concern, including, but not limited to; frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste handling services. The City has had a two -year renewing exclusive franchise relationship with the Cibolo Waste Incorporated, DBA Bexar Waste Incorporated. Staff recommends that the City Council approve Ordinance 15 -F -18 awarding a Ten -Year Exclusive Franchise to Bexar Waste. Furthermore, staff has reviewed the Franchisee's record of service and continues to be satisfied with the qualifications of the Franchisee. City Council approved this on first reading at their meeting of June 23, 2015. Community Benefit To provide the City with an updated Solid Waste Franchise Ordinance that contains the proper provisions that are needed in the best interest of the health, safety, and welfare of the citizens of the City. Summary of Recommended Action Staff recommends Council approve Ordinance 15 -F -18 awarding a Ten -Year Exclusive Franchise to Bexar Waste for waste collection for the City of Schertz on the final reading. FISCAL IMPACT No fiscal impact to approve the Franchise Ordinance. The City will continue the collection of franchise fees with scheduled rate increases as outlined in the Ordinance. RECOMMENDATION Staff recommends Council approve Ordinance 1.5 -F -1.8 on final reading. ATTACHMENT Ordinance 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 FOR PENALTIES NOT TO EXCEED $2000 FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. WHEREAS. It is found to be in the public interest and necessary to protect the health and safety of the citizens of Schertz to have a municipal solid waste collection and disposal service in the City of Schertz, Texas; and WHEREAS, the City of Schertz is responsible to protect its citizens against nuisances derived from solid waste by providing solid waste handling services including, but not limited to, recycling and the collection, transfer and disposal of solid waste; and WHEREAS, the Texas Health and Safety Code, chapter 363, authorizes the City to determine all aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste handling services; and WHEREAS, pursuant to Ordinance No. 13 -F -03 the City has had a two -year renewing exclusive franchise relationship with the Franchisee named below; and WHEREAS, City staff recommends that the City Council award a Ten (10) -year exclusive Franchise to the Franchisee; and WHEREAS, the City Council has reviewed the Franchisee's record of service and continues to be satisfied with the qualifications of the Franchisee; NOW, THEREFORE, BE IT ORDANED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS; This Ordinance shall be known and be cited as the Franchise Ordinance for Collection and Disposition of Solid Waste and Recyclable Materials in the City of Schertz, Texas. Section 1. Definitions The words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in the City's Code of Ordinances Section 34 -50, except where the context clearly indicates a different meaning. 1 Section 2. Exclusive Franchise Grant The City hereby grants to the Franchisee, in accordance with the Cities Solid Waste Regulations governing the collection and disposal of Municipal Solid Waste and Recyclable Materials, the exclusive franchise, license and privilege to collect, haul and dispose of Municipal Solid Waste and Recyclable Materials over, upon, along and across the City's present and future streets, alleys, bridges and public properties. The City of Schertz reserves the right to grant additional franchises for the collection and disposal of Recyclable Materials, to the extent necessary to accomplish the objects of this ordinance along with the solid waste ordinance. Section 3. Indemnifications, Insurance, Bonds, and Damage to City Streets Failure of the Franchisee to comply with the provisions of this section shall be cause for termination of this Franchise as set forth in this Ordinance. Indemnification. The Franchisee agrees to indemnify and hold the City of Schertz, Texas and all of its present, future and former agents, employees, officials and representatives harmless in their official, individual and representative capacities from any and all claims, demands, causes of action, judgments, liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages (whether common law or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons (including death) or to property (both real and personal) created by, arising from or in any manner relating to the services or goods performed or provided by Professional — expressly including those arising through strict liability or under the constitutions of the United States or Texas — BUT ONLY TO THE EXTENT ALLOWABLE BY SEC. 271.904(a) OF THE TEXAS LOCAL GOVERNMENT CODE AS APPLICABLE. Insurance. The Franchisee agrees to carry general liability insurance naming the City as additional insured in the minimum amount of $ 1,000,000 for each occurrence and $2,000,000 annual aggregate; automobile liability naming the City as additional insured in the amount of $1,000,000 combined single limit, and worker compensation/employer liability insurance. Such Policy or policies shall provide by endorsement that it may only be cancelled or amended by the insurance company only after (30) days prior written notice to the City Manager. Certificate or certificates issued by the insurer evidencing the coverage, cancellation, and amendment provisions set forth in this Section 3a, must be submitted to and approved by the City Attorney no later than the date of second and final reading of this ordinance, and a certificate or certificates issued by the insurer confirming the continuing effectives of such coverage, cancellation, and amendment provisions shall be submitted to the City Secretary no later than January 10 of each year of this franchise commencing October 01, 2015. Upon written request by the City Manager either the original policy (or policies) or copies certified by the insurer must be delivered to the City Secretary. Bonds. The Franchisee shall furnish an annually renewable bond to the City in the amount of $300,000 guaranteeing the faithful performance of the Franchisee's obligations under the terms 2 of this Ordinance, which bond shall be in force no later than the date of second and final reading and be subject to these requirements: The bond shall be conditioned upon the requirement that the Franchisee shall well and truly observe, fulfill, and perform each term and condition of this franchise and that in case of any breach of condition of the bond, an amount (subject to the required dollar limits of the bond) shall be recoverable from the principal and surety thereof by the City for all liquidated damages for the failure of the Franchise to well and faithfully observe and perform any provision of this Ordinance, and for any amount billed to the Franchisee by the City for the cost of the City's performing or causing to be performed the Franchisee's obligations hereunder. Such bond must provide by endorsement that it cannot be cancelled or amended by the bonding company prior to (30) days' written notice to the City Manager. Such bond shall be in form and contain such additional provisions as may be required by the City Attorney. Such bond shall be executed by the Franchisee as principal and one or more sureties approved by the City Manager. Either the bond or bonds or copies thereof certified by the surety must be on file with the City Secretary of the City. Damage to City Streets. Any damage to City Streets resulting from the Franchisee's vehicles shall be the responsibility of the Franchisee. The City shall notify the Franchisee in writing of the damages to streets, sidewalks, street signs and other public roads or structures. The Franchisee shall have a reasonable period, dependent on the nature of damage, from the date of the notice to replace and repair the damage to the satisfaction of the City. Failure for the Franchisee to perform this duty shall serve as authorization for the City to repair the damage and bill the Franchisee. Franchisee shall retain the right to defend against the claim of any such damage if Franchisee is not the source or cause of the damage. Franchisee shall not be held responsible for ordinary wear and tear to pavement and infrastructure caused by the normal and customary garbage collection services provided by Franchisee. Section 4. Minimum Quality and Performance Standards Acceptance of this Ordinance by the Franchisee carries with it expectations of both efficiency and quality of service by the Franchisee. The standards below are considered minimum standards. Franchisee shall, at all times during the terms of this contract, be subject to all such regulations as the City has or may hereafter adopt. In addition, Franchisee shall observe all state and federal laws, rules and regulations relevant to collection, removal and disposal of solid waste. Franchisee's failure to comply with ordinances and regulations of other municipal jurisdictions, which affect Franchisee's ability to fulfill the terms of this contract, shall be grounds for termination. Quality of Service. Customer satisfaction is the ultimate measure of the quality of service. The Franchisee will make every reasonable effort to insure the rate paying customer is treated with K due courtesy and respect. The property of the customer will be treated without abuse. Informal complaints will be resolved as quickly as possible with the customer receiving the benefit of the doubt. Formal complaints will be resolved as provided in section 9. Equipment and Maintenance Thereof. All equipment, including motor vehicles and trucks necessary for the performance by the Franchisee of this Ordinance shall, on the effective date of the Franchise granted by this Ordinance, be in good condition and repair. Standby equipment shall always be available. The trucks used in collection of Municipal Solid Waste shall be all metal, water tight, with completely enclosed "Packer" type bodies that are designed and manufactured for the collection of garbage and refuse. Such collection vehicles shall be painted and numbered in letters of a contrasting color on each side of the vehicle and maintained in a mechanically sound and safe condition. All vehicles shall be kept in a clean and sanitary condition and shall be cleaned inside and outside at least once a week. All vehicles also must display an official City of Schertz permit identification. Times and Frequencies of Pickup and Holidays. The Franchisee shall make no collections in residential areas prior to 7:00 am, and collections in business districts shall not be commenced earlier than 6:00 am. When a business is within 500 feet of a residence, the residential area time shall apply. There shall be a once a week pickup of Municipal Solid Waste for all residential customers who have been provided a uniform 96 gallon Waste container by the Franchisee at no charge to the customer ( "Zone 1 "), unless customer requests additional cart containers and pays per fee schedule, Garbage Collection Fees in Solid Waste Ordinance. If no such container has been provided to a residential customer, there will be twice weekly pickup of Municipal Solid Waste from such customers ( "Zone 2 "). The Franchisee shall provide the City an update from time to time a current map of the City showing Zone 1 and Zone 2 residential customers. The number of pickups may vary for commercial activities, which shall be established by separate contract between the Franchisee and the customer. Upon written request by the City, the Franchisee shall provide the City with a summary of all such commercial pickup arrangements. Collection will be made for all residential account once a week for Zone 1 customers and twice weekly for Zone 2 customers regardless of National or State holidays, except for Christmas Day, New Year's Day, July 4, and Thanksgiving Day. The Franchisee may observe any or all the holidays noted above. However, the Franchisee shall collect Municipal Solid Waste at least one day per cycle during those weeks when holidays are observed. Routes and Pickup Points. The Franchisee will provide proposed routes for purposes of the collection of regular garbage, small brush and limb pickup as follows: Zone 1 Monday Tuesday Wednesday El Zone 2 Monday and Thursday Tuesday and Friday Wednesday and Saturday The City must approve such routes prior to commencement of operations. Types of Containers. Trash containers shall be watertight receptacles of solid and durable grade of metal or plastic, not to exceed thirty (30) gallons in capacity except as set forth in this Ordinance or plastic or other waterproof bags manufactured for the purpose of containing garbage or refuse; the combined weight of the garbage and container shall not exceed seventy - five (75) pounds. Containers shall be provided with suitable lifting handle or handles on the outside and close- fitting cover equipped with a handle. The container must not have any inside structures, such as inside bands, and reinforcing angles or anything within the container to prevent free discharge of the contents. Containers that have deteriorated or that have been damaged to the extent of having jagged or sharp edges capable of causing injury to garbage collectors or other persons whose duty it is to handle the containers, or to such an extent that the covers will not fit securely, need not be accepted by the Franchisee. Special Pickups. The Franchisee shall invoice the City for all Special Pickups the Franchisee's actual costs (which shall not include a Franchisee's overhead charge) for the City's use in invoicing customers. Brush and Trees. All brush and large trimmings to be collected by the Franchisee shall be placed by customers at the curb line. Trees, brush, and limbs cannot exceed four inches (4 ") in diameter nor five feet (5') in length. All limbs and brush must be in bundles not to exceed sixty (60) pounds each. Leaves and grass clippings and small brush items are to be placed in cardboard containers, plastic trash bags, or trash cans. Dead Animals. Dead animals shall not be placed in trash containers. Dead animals in excess of seventy -five (75) pounds are not required to be accepted by the Franchisee. Dead household pets shall be picked up by the Franchisee at no charge. The City's animal services department will pick up other dead small animals at no charge, and the Franchisee will in turn pick up those dead small animals from the City's animal services department at no charge to the City. The Franchisee shall pick up large dead animals located in a right -of -way. If such dead large animal identifiably belongs to an individual or entity (i.e., a cow that has been identifiably branded or tagged), such individual or entity shall pay the Franchisee the charge associated with the pick -up. However, if the dead large animal does not identifiably belong to an individual or entity (i.e., a wild deer), the City shall pay the cost for the pick -up. The owner shall be responsible for the removal and disposal of large dead animals, such as cows, horses, mules, and goats. Traffic Accident Debris. The Franchisee will provide 24 -hour a day, 7 days a week; pick up service of debris resulting from traffic accidents upon telephone or radio notice from the City by a police officer or other City employee. The Franchisee may invoice and collect from the individual(s) or company(ies) involved in such traffic accident or their respective insurers for the 5 collection and disposal of accident materials. The Franchisee will have no obligation to remove wrecked or disabled vehicles. If the Franchisee fails to adequately respond with a roll -off unit or other suitable equipment (all as determined by the City) within one (1) hour, the Franchisee agrees that the City may contact another person or entity of the City's choosing to remove such debris, and all costs incurred by the City as a result thereof shall be reimbursed to the City by the Franchisee within ten (10) business days of the City's invoicing of the Franchisee. In such case, such person or entity shall not be required to hold a solid waste disposal franchise with the City. Special Services. The Franchisee will provide services for special residential pickups, such as new move -ins, tree trimming, and similar circumstances. The Franchisee may charge a fee for this service to be billed by the City. Area of Service and Interruption in Service. The Franchisee will collect MSW and recycling material from all residences and MSW from all commercial businesses in the City not delinquent in the payment for the authorized services provided, or as directed by the City. In the event that the collection and disposal of MSW shall be interrupted by any reason for more than forty -eight (48) hours, the City shall have the right to make temporary independent arrangements for the purpose of continuing this necessary service to its citizens in order to provide and protect the public health and safety. Costs of the temporary independent arrangements shall be borne by the Franchisee and shall be reimbursed to the City by the Franchisee within ten (10) business days of the City's invoicing of the Franchisee. If the interruption in service described in the paragraph next above continues for a period of thirty (30) days, the City shall have the right to terminate the rights and privileges granted in this Ordinance. Office Hours, Staffing, and Service Logs. The Franchisee shall establish and maintain an office in the City with telephone service and shall keep said office open for business from 9:00 a.m. to 5:00 p.m. each and every day except Saturday, Sunday and legal national holidays, as a minimum. The office shall be staffed with sufficient competent personnel to handle calls and inquiries during office hours. A daily log of all service calls, complaints and inquiries taken therein shall be maintained by the Franchisee and be available to the City upon request. Section 5. Temporary and Permanent Roll -Off Containers Rocks, waste, scrap, building materials, or other trash resulting from construction or major remodeling; resulting from a general cleanup of vacant or improved property just prior to its occupancy; or resulting from sizable amounts of trees, brush, and debris cleared from property in preparation for construction, will be removed by the Franchisee as part of the Franchisee's regular service but rates will be derived from approved rates described in Section 15. Section 6. Changes in Times and Routes of Collection The City Council reserves the right to change or alter the times and routes of collection. The Franchisee shall be given at least five (5) days' notice if any such action is scheduled to be N discussed by City Council. No changes in collection schedule or routes shall be made by the Franchisee without approval by the City. Section 7. Disposal of MSW The Franchisee shall have the responsibility for the disposal of all MSW collected under this Ordinance, and all of such materials shall be disposed of in compliance with the laws of the State of Texas and/or the rules, regulations and standards established from time to time by the Federal Government of the United States of America and the Texas Commission on Environmental Quality. Section 8. Services to the City. City Property Pickup. The Franchisee will provide pickup twice weekly for the City at all City properties at no cost to the City. Containers used by the City will be of the size and type appropriate to the volume and characteristics of material. Special City Events. The Franchisee will provide special pickup during not more than ten (10) City annual events (designated each year by the City in writing to the Franchisee) at no charge. Placement of containers will be at the direction of the Director of Public Works. The Franchisee will provide one twenty (20) cubic yard roll -off container at no charge to the City for each such event. White Waste. Twice each year, the Franchisee will pick up White Waste. The Franchisee will provide special pickup services daily at designated locations during the Schertz Annual Spring Cleanup. This pickup will include large household appliances, furniture (and other bulky items) tires or other material not normally collected during twice weekly pickup. The dates will be established by the City. This service will be at no cost to the City or the public. Notice of the Cleanup dates shall be published in local media at the expense of the Franchisee. The Franchisee will provide special pickup services daily at designated locations during the Schertz Annual Fall and Spring Clean -ups. Scheduling will be at the discretion of the Franchisee, with a minimum of 150 days between the Schertz Annual Spring Cleanup and the Schertz Annual Fall Cleanup. This pickup will include large household appliances, furniture (and other bulky items) tires or other material not normally collected during twice weekly pickup. This service will be at no cost to the City or the public. Notice of the Cleanup dates shall be published in local media at the expense of the Franchisee. Household Hazardous Waste. Twice each year in conjunction with the Spring and Fall Clean- up period, a program to collect and dispose of Household Hazardous Waste will be planned and conducted by the Franchisee. The cost of this program will be borne by the Franchisee. The Franchisee will provide documents detailing costs for each event and recommend adjustments to the program based on participation levels and volume of material collected. 7 The Franchisee may, with approval by the City, engage a third party to collect and dispose of Household Hazardous Waste where such materials constitute a serious health hazard or the materials require special handling beyond the capabilities of the Franchisee. Any program established will fully comply with the laws of the State of Texas and rules established by the Texas Commission on Environmental Quality. Biohazardous Waste. The Franchisee will make provisions for the disposal of biohazardous waste resulting from City operations at no cost to the City. Section 9. Duration of the Franchise, Renewal Options, and Termination Term and Acceptance. Subject to the requirements relating to insurance and the performance bond set forth in herein, this Ordinance and the rights, privileges, and authority hereby granted shall take effect and be in force from and after final passage hereof, as provided by law, and shall continue in force and effect for a term ending June 30, 2025, provided that, within thirty (30) days after the adoption of this Ordinance on second reading, the Franchisee shall file with the City its unconditional acceptance of this Ordinance and promise to comply with and abide by all of its provisions, terms, and conditions. Such acceptance and promise in writing shall be duly executed, and sworn to by an authorized official of the Franchisee on behalf of the Franchisee before a notary public or other officer authorized by law to administer oaths. Failure to file such acceptance shall render this ordinance void. Termination. The City may terminate this franchise for failure by the Franchisee to comply with the provisions of Section 3 of this Agreement. Upon the City's determination that the Franchisee has failed to comply with any or all of such provisions of Section 3, the City may notify the Franchisee in writing that it is exercising its right to terminate this franchise on thirty (30) days' (or longer, at the option of the City) written notice to the Franchisee; provided, the termination of this franchise by the City due to the Franchisee's failure to comply with Section. 3.a. shall not terminate the Franchisee's contractual obligations to the City and all agents, officers, employees, and representatives of the City as set forth in this Ordinance. The City may terminate this franchise as a result of the Franchisee having twenty -five (25) (5 per year) unresolved complaints outstanding as set forth in this Ordinance. The City may notify the Franchisee that it is exercising its right to terminate this franchise on thirty (30) days' (or longer, at the option of the City) written notice to the Franchisee. The City may terminate this franchise for failure by the Franchisee to comply with any other provision of this Ordinance i£ • The City has notified the Franchisee in writing of such failure and the Franchisee has failed to correct such failure to the satisfaction of the City within thirty (30) days (or longer period, at the option of the City) of the receipt of such notice or • The City has notified the Franchisee in writing of such failure twice within a six (6) month period. Such termination shall be effective upon thirty (30) days' (or longer, at the option of the City) by written notice to the Franchisee. N. Following receipt of notice of termination as listed above, the Franchisee shall be responsible for continuing compliance with all provisions of this Ordinance until the effective date of termination unless explicitly directed otherwise in writing by the City. Section 10. Severability, Compliance with Applicable Laws, and Non - Contestability by the Franchisee Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holdings shall not affect the validity of the remaining portions thereof. City Regulations. At all times during the term of this Ordinance, the Franchisee shall be subject to all lawful exercise by the City of its police power and to such reasonable regulations as the City shall from time to time provide, pursuant to the exercise of such police power. Rights of City. The Franchisee, by acceptance of this Ordinance, expressly acknowledges and accepts the right of the City to issue such franchise and further agrees to fully comply with all appropriate regulations promulgated by any appropriate government agency of competent jurisdiction. Section 11. Sale, Transfer, or Assignment of Franchise Rights or Assets The Franchisee shall not sell, transfer, or assign its rights under this Ordinance, or substantially all of its assets, to any other person or corporation without the prior written approval of the City Council. Section 12. Complaints and Resolution Complaints from or by the public or a particular customer must be in writing and mailed (or presented) to the City Manager or designated representative for action. Section 13. Penalties. The Franchisee will pay a penalty of not less than $25 or more than $200.00 for each customer complaint not satisfactorily resolved. Satisfactory resolution will be determined by the City Manager. The Franchisee may appeal to City Council, which will make a final determination. The penalty will be deducted from the Franchisee proceeds the for billing cycle following City Manager determination unless appealed, in which case City Council will provide further instruction. Twenty -five (25) (five per year) unresolved complaints will be a basis for contract review by City Council for possible franchise termination. Section 14. Investigation and Public Hearing The City Council shall have full power to examine or cause to be examined at any time, and at all times, the books, papers and records of the Franchisee with relation to the operation of the MSW collection system within the City of Schertz. In this connection, the City shall have the right, through its City Council, to take testimony and compel the attendance of witnesses or the M production of books, papers and records and to examine witnesses under oath and under such rules and regulations as it may adopt. If any officer, agent, or employee of the Franchisee refuses to give testimony before the City Council, the City Council shall have power to terminate this Ordinance. Section 15. Notices Where written notices are provided for in this Ordinance, same shall be sufficient to notify the Franchisee if mailed by certified mail to the proper address as specified in this Ordinance and shall be sufficient to notify the City if mailed by certified mail to City of Schertz, 1400 Schertz Parkway, Schertz, Texas 78154, Attention: City Manager. Section 16. Service Rates Rates for services provided under this Ordinance are contained in the City's Fee Schedule set forth each budget year. Fees are subject to change. Section 17. Billing, Collection and Payment For the purpose of convenience, the billing and collection of the charges levied for all MSW service shall be done by the Utilities Department of the City, and all such fees shall be payable at the Municipal Offices. The City will prorate a new customer service to the nearest half -month charge relative to the commencement of service. (Service shall be considered commencing when water is turned on to that customer). All charges shall be due and payable each month concurrent with utility bills, and, if not paid on or before the due date, the City shall assess a ten percent (10 %) penalty for delinquency and collection expenses. Utilities will be discontinued by the City for lack of payment of any garbage bill or any part thereof. Section 18. Franchise Fee. The Franchisee shall be paid by the City at the rate of eighty -five percent (85 %) of the amount collected, excluding penalties and accepting recycling fees, for each customer served for which billing is made by the City. The Franchisee shall be paid what is due within ten (10) days after closing date of each billing period with the last month payment hereunder to be made during the first calendar month after the expiration of the term hereof or after the cancellation hereof, as the case may be. Section 19. Recycling Frequency of Pickup. The Franchisee will collect recyclable material once each week from residences wishing to participate. Each residence address will be charged a fee for this service, whether participating or not. The Franchisee will transport such collected recyclables. Recycling Containers. The Franchisee shall provide appropriate bins for recycling to each residence at no charge. Bins will be replaced at the City's expense if the bins are stolen and a police report corroborates the theft. Additional bins may be purchased by the homeowner or resident at the City's cost. [[17 Customer Participation. Participation in the recycling program is voluntary but highly encouraged. Failing to actively participate does not relieve the homeowner or resident from payment of recycling fees. Recycling Proceeds. The proceeds from the Franchisee's sale of recycling materials shall be retained by the Franchisee. Commercial Recycling. Under the terms of this franchise the franchise shall not be subject to any haul permit fees per vehicle. Section 20. Legal Provisions All Ordinances, Parts of Ordinances or Resolutions in conflict herewith are expressly repealed. In the event that the City is required to take any legal action to enforce the terms and conditions of this agreement because of the breach of or failure to perform any term of condition by the Franchisee, the Franchisee agrees to pay all costs expended by the City including reasonable attorney fees. In the event of a natural disaster which the City is declared a disaster area by the State or Federal Government, City shall have the right to dispose of rubbish and trash in any manner determined by it to be in the best interests of the City. 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 28th day of July, 2015. ATTEST: City Secretary, Brenda Dennis City Attorney 11 APPROVED: Mayor, Michael Carpenter City Council Meeting: Department: Subject: Agenda No. 4 CITY COUNCIL MEMORANDUM July 28, 2015 City Secretary /City Attorney Ordinance No. 15 -E -22 — First Reading — Calling a General and special election to be held on November 3, 2015 for the purpose of electing Councilmembers in Place, 3, Place 4 and Place 5, calling a special Charter Election City Council appointed a Charter Review Commission on November 18, 2014, made up of five (5) citizen members. The following members were appointed: Mark Davis Michael Dahle Reginna Agee Bert Crawford Jana Volitis The Charter Review Commission held its first meeting on December 10, 2014. The Commission met 10 times over a six month period reviewing the entire Charter with the following goals: a) Attempt to streamline the Charter if possible by identifying items that could be eliminated due to being redundant, i.e., repeated or addressed in more than one section of the Charter or repetitive of existing State Law. b) Identify sections of the Charter that might need revision to improve the operational procedures of the City or clarify existing guidance. c) Identity any deficiencies in the Charter that would warrant the addition of new policies or procedures for the effective administration of the City. On May 21, 2015, the Charter Review Commission delivered their report and recommendations to City Council. Staff is recommending a General Election to elect Councilmembers in Places 3, 4 and 5, and a Special 19 Proposition City Charter election to be held on November 3, 2015. FISCAL IMPACT The cost of the General, Special Charter and Bond election is estimated to be $39,802.50; this estimate also includes publication costs. I.7 X013 0 G/ 1010111111#10 Approval of Ordinance No. 1.5 -E -22 on first reading calling the General and Special Election and approving joint contracts for the conduct of the election. ATTACHMENT(S) Ordinance No. 15 -E -22 NOTICE OF GENERAL AND SPECIAL ELECTION THE STATE OF TEXAS § COUNTIES OF GUADALUPE, COMAL § AND BEXAR § CITY OF SCHERTZ § TO THE RESIDENT, QUALIFIED VOTERS OF THE CITY OF SCHERTZ, TEXAS TAKE NOTICE that a general and special election will be held in the City of Schertz, Texas on November 3, 2015, in obedience to an ordinance duly entered by the City Council of the City on , 2015, which ordinance reads substantially as follows: ORDINANCE NO. 15 -E -22 AN ORDINANCE CALLING A GENERAL AND SPECIAL ELECTION TO BE HELD IN THE CITY OF SCHERTZ ON NOVEMBER 3, 2015 FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACES 3,4 AND 5 AND CALLING A HOME RULE CHARTER AMENDMENT ELECTION TO BE HELD IN THE CITY ON SUCH DATE; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AUTHORIZING CONTRACTS WITH THE ELECTION ADMINISTRATORS OF BEXAR AND GUADALUPE COUNTIES TO CONDUCT THIS ELECTION; AUTHORIZING THE ELECTION TO BE HELD AS A JOINT ELECTION;AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION AND DECLARING AN EFFECTIVE DATE WHEREAS, PURSUANT TO Section 9.01(a) of the Home Rule Charter (The "Charter ") of the City of Schertz, Texas (the "City "), the regular elections of the City shall be held on the uniform election date in November of each calendar year, with the elections for Councilmembers for Place 3, Place 4, and Place 5 occurring in November of 2015 . and the City determines that a special election should also be held in the City on November 3, 2015 ; and WHEREAS, pursuant to Section 12.04 of the Charter of the City, the City Council of the City, by majority vote of the full membership of the City Council reflected in this Ordinance, has recommended amendments to the Charter; and WHEREAS, the City Council of the City hereby determines to submit to the qualified voters of the City for their adoption or rejection certain proposed amendments to the Charter pursuant to the provisions of Sections 12.04 of the Charter and Section 9.004, as amended, Local Government Code; and WHEREAS, the Council hereby finds and determines that the Charter amendment election shall be held on November 3, 2015 which is the next uniform election date prescribed under the Texas Election Code, as amended; and WHEREAS, the Council hereby finds and determines that holding the proposed Charter amendment election on the next uniform election date is in the best interests of the citizens of the City; and WHEREAS, the City will contract with Bexar County Elections Administrator and the Guadalupe County Elections Administrator (the "Elections Administrator ") to conduct this election; and WHEREAS, the City Secretary shall publish and post notice of this election as required by applicable law. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. A General election to for City Council Places 3, 4 and 5 are up for election a uniform election date in the City of Schertz, Texas, which date is not less than thirty (30) days from the final adoption of this Ordinance. At such election, the candidates receiving the most votes for City Council Places 3, 4 and 5 shall be declared elected. Any candidate desiring to have his or her name on the Official Ballot for said election shall, no sooner than July 25, 2015 and no later than August 24, 2015, file with the City Secretary an application in writing in the form prescribed by the Texas Election Code requesting that his or her name be placed on the Official Ballot and declaring as a candidate for City Council places 3, 4 and 5. Any person failing to file said written application for candidacy by the time aforesaid shall not be entitled to have his or her name printed on the Official Ballot. The name of all eligible candidates whose applications have been duly and timely filed shall be placed on the Official Ballot pursuant to a drawing as provided by law. SECTION 2. An election to present proposed amendments to the City Charter shall also be held on November 3, 2015, a uniform election date in the City of Schertz, Texas, which date is not less than thirty (30) days from the date of the final adoption of this ordinance (this "Ordinance "). The following measures amending the City Charter shall be submitted to the qualified voters of the City at the special election in the form of propositions in accordance with Section 9.004 of the Texas Local Government Code and other applicable laws: MEASURE 1 Section 2.01 General Powers. The City shall have all the powers granted to cities by the Constitution and general laws of the State together with all of the implied powers necessary to execute such granted powers. - - - - - -- - -- -- - - - - - - - - - - - -- IN 1111111 . Wll .. . "ININNIM101V ~V111 NOW Section 3.01 Establishment. The municipal government provided by this Charter shall consist of a Mayor and Councilmembers, elected by the people and responsible to the people, and a City Manager, appointed by and responsible to the City Council for proper administration of the affairs of the City. Pursuant to its provisions and subject only to the limitations imposed by the Constitution and general laws of the State and by this Charter, all powers of the City shall be vested in the elected Mayor and Councilmembers, who shall enact local legislation, adopt budgets and determine policies. All powers of the City shall be exer-eised in the manner- pr-esefibed b y hi- . Section 4.09 Meetings and Procedure. (e) Passage of Ordinances and Resolutions. Ordinances and resolutions shall be introduced to the City Council only in written or printed form. The subject or subjects of all ordinances and resolutions shall be clearly expressed in the title. Except as may otherwise be prescribed in this Charter, an ordinance shall not be passed at the meeting of the City Council at which it is first introduced, but instead the ordinance or its caption shall be read, and the City Council will determine whether it shall be rejected or further considered at a subsequent meeting of the City Council. If rejected, no further action shall be required. The City Council must take second and final consideration of any ordinance not later than sixty days after the first reading of such ordinance. Notwithstanding the foregoing provisions, if the City Council, by a vote of not less than two- thirds of the members present at the meeting at which an ordinance is first introduced, determines that an emergency exists requiring immediate action, such ordinance may then be voted upon and rejected or passed at that meeting. " shall be taken any or-dinanee of r-esolution. The Mayof shall vote only in the event of a tie; the Mayof Pfe Te.m.. may vote on any matter- being eonsidefed by the City . The enacting clause of all ordinances shall be, `BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ", and every ordinance shall be authenticated by the signature of the Mayor and the City Secretary and shall be systematically recorded and indexed in an ordinance book in a manner approved by the City Council. (1) Franchise ordinances. All ordinances granting, confirming, extending, renewing or amending a franchise shall be accepted in writing by the grantees, and the full text thereof shall be placed on the City's website for at least one week prior to final adoption of the franchise ordinance. (2) Effective date. Every ordinance passed by the City Council shall be enrolled by the City Secretary as soon as practicable after its passage. If the ordinance was published, he or she shall note the time and place of publication which shall be prima facie proof of publication thereof. The affidavit by the printer or publisher shall also be prima facie proof of the publication. Enrollment of an ordinance shall be prima facie proof of its legal adoption and effect. n... e: �:. ���• �. aQ. �• �n..:. Cn�: .�..= .`�Oa'.�.�e:a�iR:..�'v�eGi - Section 3.01 Establishment. The municipal government provided by this Charter shall consist of a Mayor and Councilmembers, elected by the people and responsible to the people, and a City Manager, appointed by and responsible to the City Council for proper administration of the affairs of the City. Pursuant to its provisions and subject only to the limitations imposed by the Constitution and general laws of the State and by this Charter, all powers of the City shall be vested in the elected Mayor and Councilmembers, who shall enact local legislation, adopt budgets and determine policies. All powers of the City shall be exer-eised in the manner- pr-esefibed b y hi- . Section 4.09 Meetings and Procedure. (e) Passage of Ordinances and Resolutions. Ordinances and resolutions shall be introduced to the City Council only in written or printed form. The subject or subjects of all ordinances and resolutions shall be clearly expressed in the title. Except as may otherwise be prescribed in this Charter, an ordinance shall not be passed at the meeting of the City Council at which it is first introduced, but instead the ordinance or its caption shall be read, and the City Council will determine whether it shall be rejected or further considered at a subsequent meeting of the City Council. If rejected, no further action shall be required. The City Council must take second and final consideration of any ordinance not later than sixty days after the first reading of such ordinance. Notwithstanding the foregoing provisions, if the City Council, by a vote of not less than two- thirds of the members present at the meeting at which an ordinance is first introduced, determines that an emergency exists requiring immediate action, such ordinance may then be voted upon and rejected or passed at that meeting. " shall be taken any or-dinanee of r-esolution. The Mayof shall vote only in the event of a tie; the Mayof Pfe Te.m.. may vote on any matter- being eonsidefed by the City . The enacting clause of all ordinances shall be, `BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ", and every ordinance shall be authenticated by the signature of the Mayor and the City Secretary and shall be systematically recorded and indexed in an ordinance book in a manner approved by the City Council. (1) Franchise ordinances. All ordinances granting, confirming, extending, renewing or amending a franchise shall be accepted in writing by the grantees, and the full text thereof shall be placed on the City's website for at least one week prior to final adoption of the franchise ordinance. (2) Effective date. Every ordinance passed by the City Council shall be enrolled by the City Secretary as soon as practicable after its passage. If the ordinance was published, he or she shall note the time and place of publication which shall be prima facie proof of publication thereof. The affidavit by the printer or publisher shall also be prima facie proof of the publication. Enrollment of an ordinance shall be prima facie proof of its legal adoption and effect. (3) Codification of ordinances. The City Council shall have the power to cause the ordinances of the City to be corrected, amended, revised, codified and printed in code form as often as the City Council deems advisable, and such printed code, when adopted by the City Council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. All printed ordinances or codes of ordinances shall be admitted as evidence in all courts without further proof and shall have the same force and effect as did the original ordinance. ION 101111@1111111"M Ift., "111MIMR."VIA., 0,1111,110, IMM M. -- -- - 11 . . . . . 111 - - . .. - - -- . . ..... . -- - - -- .. -- - - . .. . - . . . . . . LILLUMMALUMM M M.. 11"611111111111. �. SIZILLMLIAM 7 01-1 - �= y se0s�.��sCn� ��e0�.�.•esisn0. n♦�i�� ��:�.GuOs:�Gssaiisv..sis� G� ��. i��s- �esGs�.�.i..wi�sies is�u�e0�.�ass�n�.si�iw• 7 lip l ltR! \�•�571 \•l��nls 2S••J•(S•! \R:. lip PRIOR; if wwry ....... SUM MIN III i..ae.n.w. ��.a SS.., . i! i..ae.n.w. ��.a SS.., . i! I lip. 11 Jill im WIN -- - - -- - - -- - - - -- - - - - - NMI - - - - - - - - - - - - - - - - - - - - - - - - - - �. Mill 11 Jill -- - - -- - - -- - - - -- - - - - - NMI - - - - - - - - - - - - - - - - - - - - - - - - - - MEASURE 2 Section 4.01 Number, Selection and Term. The City Council shall be composed of the Mayor and frve seven Councilmembers. The Mayor and all Councilmembers shall be elected from the City at large. Subject to Section 4.06(c), the Mayor and Councilmembers shall be elected in the manner provided in Section 9.01 of this Charter for two -year terms. Each Councilmember shall occupy a position on the City Council, such positions being numbered Place One through Place Seven F-ve. At the fi fst genera' elect Three, Fetif, and Five shall be eleeted. The following yeaf and eaeh even number-ed y thefeaftef, the Mayef and the Getineilmembefs filling Plaees One and Tv�,o shall be . Section 4.09 Meetings and Procedure. (c) Quoru m. three Four Councilmembers (excluding the Mayor) shall constitute a quorum, and no action shall be valid unless adopted by the affirmative vote of wee four or more members of the City Council. If the Mayor Pro -Tern is presiding, he or she shall be counted for purposes of determining a quorum. Transitional Requirements Should Measure 2 and Measure 3 pass then the following transition shall occur: 2016 Mayor shall be elected to a three year term to expire 2019 Place 1 shall be elected to a three year term to expire 2019 Place 2 shall be elected to a three year term to expire 2019 Place 6 shall be elected to a two year term to expire 2018 Place 7 shall be elected to a two year term to expire 2018 2017 Place 3 shall be elected to a three year term to expire 2020 Place 4 shall be elected to a three year term to expire 2020 Place 5 shall be elected to a three year term to expire 2020 2018 Place 6 shall be elected to a three year term to expire 2021 Place 7 shall be elected to a three year term to expire 2021 2019 Mayor shall be elected to a three year term to expire 2022 Place 1 shall be elected to a three year term to expire 2022 Place 2 shall be elected to a three year term to expire 2022 2020 Place 3 shall be elected to a three year term to expire 2023 Place 4 shall be elected to a three year term to expire 2023 Place 5 shall be elected to a three year term to expire 2023 2021 Place 6 shall be elected to a three year term to expire 2024 Place 7 shall be elected to a three year term to expire 2024 Should Measure 2 pass and Measure 3 fail then the following transition shall occur: Two Year Term Transition with 7 Council Members 2016 Mayor shall be elected to a two year term to expire 2018 Place 1 shall be elected to a two year term to expire 2018 Place 2 shall be elected to a two year term to expire 2018 Place 6 shall be elected to a two year term to expire 2018 2017 . Place 3 shall be elected to a two year term to expire 2019 . Place 4 shall be elected to a two year term to expire 2019 Place 5 shall be elected to a two year term to expire 2019 Place 7 shall be elected to a two year term to expire 2019 i Mayor shall be elected to a two year term to expire 2020 Place 1 shall be elected to a two year term to expire 2020 Place 2 shall be elected to a two year term to expire 2020 Place 6 shall be elected to a two year term to expire 2020 2019 . Place 3 shall be elected to a two year term to expire 2021 Place 4 shall be elected to a two year term to expire 2021 Place 5 shall be elected to a two year term to expire 2021 Place 7 shall be elected to a two year term to expire 2021 i i Mayor shall be elected to a two year term to expire 2022 Place 1 shall be elected to a two year term to expire 2022 Place 2 shall be elected to a two year term to expire 2022 Place 6 shall be elected to a two year term to expire 2022 2021. Place 3 shall be elected to a two year term to expire 2023 Place 4 shall be elected to a two year term to expire 2023 Place 5 shall be elected to a two year term to expire 2023 Place 7 shall be elected to a two year term to expire 2023 Section 4.01 Number, Selection and Term. The City Council shall be composed of the Mayor and five Councilmembers. The Mayor and all Councilmembers shall be elected from the City at large. Subject to Section 4.06(c), the Mayor and Councilmembers shall be elected in the manner provided in Section 9.01 of this Charter for two -three -year terms. Each Councilmember shall occupy a position on the City Council, such positions being numbered Place One through Place Five. At the fit°* genet ' eleetion held ,,ndef this Chafter- and eaeh odd numbered year- ther-eaftef, Gotineilmember-s to :.F4.1.1. Plaarees Three, , Mayor- and the Cetineiifnember-s filling Places One .,,.,,a Two shall be eleeto,a Section 4.06 Vacancies, Forfeiture, Filling of Vacancies. (c) Filling Vacancies. (1) In the event of a single vacancy in the City Council, if there are 365 days or more remaining on the term of the vacated City Council position, the City Council shall call a special election to fill such vacancy. If there are less than 365 days remaining in the term of the vacated City Council position, the City Council may, by majority vote of the remaining Councilmembers, at its discretion appoint a new Mayor or Councilmember to fill such vacancy or call a special election to fill such vacancy. MI -- - 1�1 TA Section 9.03 Determination of Election Results. , ., who shall have feeeived the most votes f0f eaeb offiee east in sueh eleetion, shall be dee-lafed elected.. In the event no candidate for an elective office receives a majority of the votes cast for that place in the general or special election, a run -off election shall be held between the two (2) candidates who received the greater number of votes. In the event a tie vote makes it impossible to determine the winning candidate or candidates, resolution of such tie shall be decided as provided in the Texas Election Code. Transitional Provision Should Measure 3 pass and Measure 2 fail the following transition shall occur: THREE YEAR STAGGERED TERM TRANSITION WITH 5 COUNCIL MEMBERS 2016 Mayor shall be elected to a three year term to expire 2019 Place 1 shall be elected to a two year term to expire 2018 Place 2 shall be elected to a two year term to expire 2018 2017 Place 3 shall be elected to a two year term to expire 2019 Place 4 shall be elected to a three year term to expire 2020 Place 5 shall be elected to a three year term to expire 2020 2018 Place 1 shall be elected to a three year term to expire 2021 Place 2 shall be elected to a three year term to expire 2021 2019 Mayor shall be elected to a three year term to expire 2022 Place 3 shall be elected to a three year term to expire 2022 2020 Place 4 shall be elected to a three year term to expire 2023 Place 5 shall be elected to a three year term to expire 2023 2021 Place 1 shall be elected to a three year term to expire 2024 Place 2 shall be elected to a three year term to expire 2024 MEASURE 4 Section 4.06 Vacancies, Forfeiture, Filling of Vacancies. (a) Vacancies. The office of a Councilmember or the office of the Mayor shall become vacant upon his or her death, mental- of physieal disabiliy, r-esigHation, removal from office in any manner authorized by law, or forfeiture of his or her office as provided for in this Charter. Determination of mental or- physieal disability shall be eeftified by two physieia qualified to p aetiee „- wide,,, in the State. (b) Forfeiture. The Mayor or a Councilmember shall forfeit his or her office upon: (1) Final conviction of a felony or of an offense involving moral turpitude, a violation of any state laws regulating conflicts of interest of municipal officers, or is assessed a deferred adjudication or probation for any state laws regulating conflicts of interest of municipal officers. (2) Ceasing to be a resident of the City. (3) Failure to regularly attend City Council meetings without an approved absence obtained by a majority vote by City Council either before or after the absence. There shall be a presumption of failure to regularly attend when three (3) regular meetings are missed during a term year without obtaining an approved absence from City Council. Failtir-e to fegolafly attend City Gotmeil meetings without good eause. Good disability, eattse shall be illness of tempofafy absenee ffem the City, of family emer-geney. There shall be a pr-estimption of failufe to fegtilafly a4end when more (4) A determination by City Council of the inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of election. Section 4.07 Prohibitions. (a) Employment with the City. No Mayor or Councilmember shall hold any othef publie offiee or- employment with the City nof have any finaneial intefest, difeetly 01: , in any City eontfaet of tfansaetion; and no fofmef Mayof of Cotmeilmembef shall hold any compensated City office or employment until two (2) years after the expiration of the term for which he or she was elected to the City Council. (b) Appointments and Removals. Neither the City Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officer or employee whom the City Manager or any of his or her subordinates are empowered to appoint, unless otherwise provided in this Charter, but the City Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees. (c) Interference with Administration. Except for the purpose of inquiries, unless otherwise provided in this Charter, the City Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately. (d) Admission of Liability. Neither the City Council nor any of its members Of employees of the City shall accept or admit liability or pay any claim for damages asserted against the City without first obtaining a written opinion from the City Attorney regarding the City's liability therein. (e) Conflicts of Interest. It is hereby prohibited for the Mayor or Councilmember or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local. Government Code, Chapter 171 as amended or its successor. For purposes of this Section term "City Official" means any individual subject to the requirements of Texas Local Government Code, Chapter 171 as amended or its successor. (f) Attorney Client Privilege. It shall be unlawful for the Mayor or a Council Member to release any attorney- client privileged communication. The City Council as the governing body of the City holds and is entitled to the attorney client - privilege and it may only be waived by an affirmative vote of two - thirds of the City Council. Section 4.11 Council Investigations; Hearings; Process A. General. In addition to any other specific authority of investigation and hearing provided for in this Charter, the City Council shall have the power to inquire into the official conduct of any department, agency, appointed boards, office, officers, employees or appointed board members of the City. For the purpose of investigations and hearings, the City Council shall have the power to administer oaths, subpoena witnesses, compel the production of books, papers, and other evidence material to the inquiry. The City Council shall provide, by ordinance, penalties for contempt in failing or refusing to o obey any such subpoena or to produce any such books, papers or other evidence. The City Council shall have the power to punish any such contempt in the manner provided by such ordinance. B. Hearings Process for Forfeitures of Office and Prohibitions. 1. All hearings held under this subsection shall be conducted in open session, except that the City Council map conduct a closed session to get advice from its attorney pursuant to the Texas Open. Meetings Act; 2. The office holder subject to any investigation and/or hearing under this section shall be entitled to written notice of the allegations of forfeiture and /or the alleged violation of this Charter as applicable; 3. A special meeting shall be called to hold the hearing: 4. A member of City Council who initiated or is the subject of the investigation or hearing shall not sit at the dais and shall not participate in deliberations or vote; 5. City Council shall adopt by ordinance rules of procedures to be followed; 6. The City Council shall state the nature of the hearing and the allegations to be considered, shall be provided the results of any investigation and a presentation of the evidence against the office holder including, but not limited to testimony from individuals; 7. The individual who is subject to the hearing shall be provided an opportunity to respond to the allegations and present any relevant evidence including, but not limited to, testimony from individuals; 8. City Council may ask questions of any individual; 9. No public comment shall be allowed; 1.0. In the case of an alleged forfeitures of office pursuant to Section 4.06 (b) of this Charter City Council shall vote on the forfeiture and on the affirmative vote of two - thirds of City Council declare the office of said office holder to be forfeited and vacant; 11. In the case of an alleged violation of Section 4.07 of this Charter City Council . may, on the affirmative vote of a majority of the City Council, take any action it determines to be appropriate including, but not limited to, directing further investigation, requesting further information, vote to enforce a penalty_ pursuant to section 12.10 of this Charter, vote to bring an action in municipal court, take a vote of censure; or, upon the affirmative vote of two - thirds (2/3) of City Council declare the office of said office holder to be forfeited and vacant. 12. Unless prohibited pursuant to subsection 4 herein, the Mayor shall vote in the case of an alleged forfeitures of office pursuant to Section 4.06 (b) of this Charter or of an alleged violation of Section 4.07 of this Charter. (4) No City employee of elected of appointed City offieial shall ofally, by lettef or- other-wise solieit or- assist in soheiting any assessment, s4ser-iption OF any toil City (5) With fespeet to any eampaign f6f eleetion to an offlee in the City, no pefson who holds any eompensated City position shall make, soheit or- r-eeeive afly he may exefeise his fights as a eitizen to expfess his opinions and to east his vote. (6) No per-son related < .;thi the seeend degree by affinity o „tin the third degfee by eonsanguinity to any eleeted offieef of the City, of to the City , shall be employed by the City or- be appointed to any offiee, position, or- eler-kship of ser-viee of the City, bt4 this pfohibition shall not apply to any stteh pefson fela4ed in the pfohibited degree who has been eontifmottsly employed by the City fef not less than two yeafs pfiof to the eleetion of appointment of the offieef. (b) Penqltie�. Any per-son who by himself of hefself of with othefs wiliffilly violates any of th of pafagr-aphs 'a""' *I.F gh (a)(6) of this Seetion shall be guilty of miseonduet and sh—all immediately forfeit his or- her- offie i upon order- of the City Section 12.10 Penalty Clause. A. Criminal Penalty. Apy person who by himself or with others violates apy provision of this charter shall, in addition to any other penalty, be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more $500.00. City Council shall enact an ordinance enforcing this section. B. Civil Penalty. Upon the affirmative vote of two - thirds of the City Council any person who by himself or with others violates any provision of this charter shall be, in addition to an other penalty provided for herein, subiect to a civil fine of not more than $500.00. MEASURE 5 Section 7.02 Submission of Budget. The City Manager shall submit to the City Council a budget for the ensuing fiscal year and an accompanying message not later than shy fifty-days prior to the beginning of each fiscal year. Seetio 7.03 Budget Message (a) n budget message. (b) n , olid,toa statement of r-eeeipts .,,.,,a expendittir-es for- all ffinas (c) An analysis of pfopeftyvaluations, (d) An analysis of tax fate (e) Tax levies and tax eolleetions by yeafs fof the pfeeeding five yeafs. (g) Stimmafy of pfoposed expendittifes by funetion, department and aetivity, (1) the stifnmafies mentioned in (g) and (h) above. Sueh estimates of expendittir-es afe to ifieltide —an itemizza4ion of positions showing the numbef of pefsons hwving eaeh title and the fate of pay. 0) A fevefiue and expense statement fef all types of bonds. (k) A desefi.ption of all bond issues outstanding, showing fate of intefest, date o issue, Maturity date, e-al-l- di-atle, if any, amount at"or-ized, amotint issued, and amotint, outstanding, (1) . (m) A speeial funds seetion, (n) The appropfiation fd o The total estimated expenditufes of eaeh ftmd shall not exceed the total estima the City Managef .seems deli as abbe Sect;,,,., 7.04 Budget Contents. rtai the f flow rn. (a) n budget message. (b) n , olid,toa statement of r-eeeipts .,,.,,a expendittir-es for- all ffinas (c) An analysis of pfopeftyvaluations, (d) An analysis of tax fate (e) Tax levies and tax eolleetions by yeafs fof the pfeeeding five yeafs. (g) Stimmafy of pfoposed expendittifes by funetion, department and aetivity, (1) the stifnmafies mentioned in (g) and (h) above. Sueh estimates of expendittir-es afe to ifieltide —an itemizza4ion of positions showing the numbef of pefsons hwving eaeh title and the fate of pay. 0) A fevefiue and expense statement fef all types of bonds. (k) A desefi.ption of all bond issues outstanding, showing fate of intefest, date o issue, Maturity date, e-al-l- di-atle, if any, amount at"or-ized, amotint issued, and amotint, outstanding, (1) . (m) A speeial funds seetion, (n) The appropfiation fd o The total estimated expenditufes of eaeh ftmd shall not exceed the total estima The City Council should adopt the budget, with or without amendments, after public hearings and before the first day of the ensuing fiscal year. Should the City Council take no final action, amounts appropriated for the current fiscal year shall be deemed adopted on a month to month basis. Final adoption shall constitute appropriation of the expenditures proposed from funds so indicated. MWERMN . • ................ - I -- - - .. .. . ..... . - - - MINN.. - \Tl••1•I!4R9•�•:l9 %••i The City Council should adopt the budget, with or without amendments, after public hearings and before the first day of the ensuing fiscal year. Should the City Council take no final action, amounts appropriated for the current fiscal year shall be deemed adopted on a month to month basis. Final adoption shall constitute appropriation of the expenditures proposed from funds so indicated. MWERMN . • ................ - I lux MWERMN I lux ♦ PI FA MM9 1 / pun . ... . ... ... ... . .. ... . ... . • i ... . . . . . . . . . . . . NO-MM I .. . . • i i ROPMAN Ce.•.• i. iva•♦ i�u�• i• n��ioi•. ii0�• in��io •in ♦: ♦��••o•�•��•�oiuicoQ•nn•� �ii•�• . ......... • • ' • • • Mw 11 • • • ' • • • •. '. • i •. 1/ ... .. . . .. . ... . . . . . . . . . ... .. • PI FA MM9 M-SPWRIMMM pun . ... . ... ... ... . .. ... . ... . • i ... . . . . . . . . . . . . NO-MM I .. . . • i i MMIMM . . . .. . . . .. . .. . . . . .. . . .. . .. .. \ . . _ . ......... • • ' • • • Mw 11 • • • ' • • • •. '. • i •. 1/ ... .. . . .. . ... . . . . . . . . . ... .. • PI FA MM9 M-SPWRIMMM . ... . . . .. ... . . . . . . . . . . . . MMIMM . . . .. . . . .. . .. . . . ......... • • ' • • • Mw 11 • • • ' • • • •. '. • i •. 1/ ... .. . . .. . ... . . . . . . . . . ... .. • . ... . . . .. ... . . . . . . . . . . . . .. .. .. . . . .. . . . .. . .. . . eiving and spending ageney of the City to be made daily of at stteh intel=vals as he Of she > deem expedient, (4) S4mit to the City Cottneil a monthly statement of all feeeipts and , and r-epoft. (6) Super-vise and be fesponsible f6f the eolleetion of all t-- I is fesponsible and feeeive all money feeeivable by the City ffom the State of fedefal, govemment, of ffom any > of ffom any offiee, (7) SefN,e as Ex Offieio City Tfeastifef and have eustody of all publie funds belonging to of tindef the eontfol of the City, of any offiee, depaftment of ageney of the Ci�y, and have deposited daily all funds eoming into his of hef hands in si depositofy(s) as may be designated by fesolutioti of the City Couneil, as detefmined-by s4seetion (11) below. (9) Have Etistody of all investments and nveste 4;mds of the City, o ni , and ha-ve the safekeeping of all supplies, �--Js and notes of the City and the feeeipt and delivefy of City bonds and notes all , ageney of the City. (10) Appfove all pfoposed expenditufes. MEASURE 6 Section 4.02 Qualifications. The Mayor and each Councilmember must, at the time of filing f offie°, have attained the age of eighteen or older on the first day of the term of office applied for, be a registered voter of the City of Schertz, and have been a resident of the City for at least six: twelve consecutive months immediately preceding the deadline for filing for an application for a place on the ballot appfepr-iate Section 9.01 City Elections. (a) 11111 -moil (a) The regular City election shall be held annually on the uniform election date in November, or at such other times as may be authorized or specified by State Law, at which time officers will be elected to fill those offices which become vacant that year. (b) The City Council shall fix the place for holding such election. (c) The City Council may, by ordinance or resolution, order a special election, fix the date and place for holding same, and provide all means for holding such special election. Section 9.02 Candidates. (a) Any person having the qualifications set forth for- Counlmembef—under Section 4.02 of this Charter shall have the right to file an application to have his or her name placed on the official ballot as a candidate for any one elective office_ stie . as M.,yaf, , shall inelude the eandidate's name, address, telephone riumbef, date of birth, and date af fesideney, shall be signed by stieh eandidate and aeeempanied by his of bef loyalty affidavit and– a statement that the eandidate is awafe of appheable State nepotism laws, as pr-esefibed by Te Eleetion Code, mid shall be filed with the City Seer-etaf-y of appfepr-iate atither-it-Y within the ti 1. Any such application shall be in writing, signed by such candidate, and filed with the City Secretary in accordance with the Texas Elections Code and this Charter. 2. An application filed in accordance herewith shall entitle such annlicant a place on the official ballot. (a) The regular City election shall be held annually on the uniform election date in November, or at such other times as may be authorized or specified by State Law, at which time officers will be elected to fill those offices which become vacant that year. (b) The City Council shall fix the place for holding such election. (c) The City Council may, by ordinance or resolution, order a special election, fix the date and place for holding same, and provide all means for holding such special election. Section 9.02 Candidates. (a) Any person having the qualifications set forth for- Counlmembef—under Section 4.02 of this Charter shall have the right to file an application to have his or her name placed on the official ballot as a candidate for any one elective office_ stie . as M.,yaf, , shall inelude the eandidate's name, address, telephone riumbef, date of birth, and date af fesideney, shall be signed by stieh eandidate and aeeempanied by his of bef loyalty affidavit and– a statement that the eandidate is awafe of appheable State nepotism laws, as pr-esefibed by Te Eleetion Code, mid shall be filed with the City Seer-etaf-y of appfepr-iate atither-it-Y within the ti 1. Any such application shall be in writing, signed by such candidate, and filed with the City Secretary in accordance with the Texas Elections Code and this Charter. 2. An application filed in accordance herewith shall entitle such annlicant a place on the official ballot. (b) A candidate of the City Council shall specify the place number or position the candidate is seeking. (c) A filing fee of five dollars, or such other amount as may hereafter be set by the City Council, must be paid to the City Secretary each candidate upon presentation of his or her application. The filing fee shall be waived if the candidate states in writing that hat payment thereof will constitute a financial hardship. MEASURE 7 Section 10.03 Petitions. (a) Number of signatures. Initiative; and referendum—,ef4eeaU petitions must be signed by qualified voters of the City equal in number to at least €ice (50) fifteen 15) percent of the number of voters registered to vote at the last general City election total number- of qualified voters who voted at the last Nelayofal eleetion, bt4 no less than thfee hundfed . Recall petitions must be signed by qualified voters of the City equal in number to at least twenty (20) percent of the number of voters registered to vote at the last general City election. lu I WIN 10111 �E:l See. 1.02. - Boundaries; Extension, Annexation and Disannexation. (c) Disannexation. Any area hereafter annexed under this Charter and the law of this State may be disannexed as follows: ^N'-- in efdanee with State !a i. Prior to disannexing any property of the City a public hearing shall held before both the City's Planning and Zoning commission and City Council on the proposed disannexation. ii. Before the 10th day before the hearing date before the Planning and Zoning Commission, written notice of the public hearing shall be sent to each owner, as indicated by most recently pproved municipal tax roll, of real property within 200 feet of the area to be disannexed. The notice may be served by its denosit in the United States mail. nronerly addressed with postage paid. iii. Not later than 30 days of completion of the public hearing by the Planning and Zoning Commission the City Council shall hold a public hearing on n the proposed disannexation. Before the 15th day before the date of the public hearing, a general description of the property to be disannexed and notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the City. iv. Not later than 30 days after the completion of the public hearing conducted by City Council the City Council may adopt an ordinance disannexing the property. A metes and bounds description of the property shall be attached to the ordinance as an exhibit. MEASURE 9 Section 4.05 Mayor and Mayor Pro -Tem. The Mayor shall be the official head of the City government. He or she shall be the chairman and shall preside at all meetings of the City Council. The Mayor may vote only in the event of a tie. He or she shall, when atit , °a unless another si ng atory is otherwise designated by the City Council, sign all official documents such as ordinances, resolutions, conveyances, grant agreements, official plats, contracts, and bonds. He or she shall appoint special committees as instructed by City Council, with committee membership to be composed of nominees by the City Council. He or she shall perform such other duties consistent with this Charter or as may be imposed upon him or her by City Council. The Mayor shall not have veto powers. The Mayor Pro -Tem shall be a Councilmember appointed by the City Council for a term and pursuant to procedures established by the City Council from time to time. The Mayor Pro - Tem shall act as Mayor during the absence or disability of the Mayor and in this capacity shall have the rights conferred upon the Mayor. While acting as Mayor, the Mayor Pro -Tem may vote on any matter before the City Council. MEASURE 10 Section 5.01 Appointment; Qualifications; Compensation. The City Council shall appoint a City Manager and fix his or her compensation. He or she shall be chosen on the basis of his or her executive and administrative training, experience, ability and character. He or she need not be a resident of the City or State at the time of his or her appointment, but he or she must agree, prior to such appointment, to become a resident of the City within four months after the date of his or her appointment. If he or she thereafter fails to become a resident of the City within that four -month period, he or she shall be deemed to have forfeited his or her appointment and the office shall be declared vacant by announcement of the Mayor at the first meeting of the City Council following the expiration of the four -month period. The City Manager shall serve at the will and pleasure of the City Council. He or she shall be employed for or relieved from his or her duties by a vote of a majority of the members of the entire City Council. On the , ,,,aatio,, of the City Manage the City Getineil w, one of mefe Assistant City Managefs and set the eempensation f6f stieh appointees. MEASURE 11 Section 5.03 Powers and Duties of City Manager. (a)He 0 The City Manager or their designee shall attend all City Council meetings and shall have the right to take part in discussion but may not vote. MEASURE 12 Section 6.02 Operational and Personnel Rules Policies. The City Manager shall be responsible for the preparation of operational and personnel policies. Personnel policies which affect the budget and employee discipline and /or adverse actions shall be aqpproved by City Council. The City Council may accept and adopt such ..,s policies as proposed or may adopt them with such amendments as the City Council deems necessary or may reject them in their entirety and direct the City Manager to further consider the .-olp icies and present new proposals at a subsequent meeting. Operational and administrative policies shall be aqpproved by the City Manager but shall be provided to City Council for their information. MEASURE 13 Section 6.06 City Secretary (a) The City Council shall appoint a City Secretary and his, of ,debt, or- dept ties who shall act as Secretary of the City Council and who shall hold office at the pleasure of the City Council. The City Secretary shall be the clerical officer of the City Council, and shall keep the minutes, agenda, ordinances and other official records of the City Council and the City. The City Secretary shall be the custodian of the official seal of the City, and shall have such other duties and powers prescribed in this Charter and by the City Council. The City Council will set the compensation for the City Secretary. The City Secretary shall report administratively to the City Manager but may be removed from office only by the City Council (b) Upon approval by City Council of the position(s), the City Secretary may hire a deputy or deputies. The Depu . or Deputies shall report directly to the City Secretary. MEASURE 14 1041- 13U19of� Section 10.09 Ordinances Passed by Petition, Repeal or Amendment No ordinance which may have been passed by the City Council upon a petition or adopted bX popular vote under the provisions of this Article may be repealed or amended by the City Council for a period of three (3) years from the date said ordinance became effective and then only upon an affirmative vote of two - thirds (2/3s) of the City Council. MEASURE 16 Section 12.01 Personal Financial Interest 1........iR���.�1.�..� Z J1�1'l�.l ��.).�...� �..:f.. :l l.... �`�.:.�1�It AlR�1�.��..I�IR.�'� %�.:.�..1�1R�1 �•��.: �. :..�I..l t�l <�1.1�1 For purposes of this Section term "City Official" means any individual subject to the requirements of Texas Local Government Code, Chapter 171. It is hereby prohibited for City Council members or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local Government Code, Chapter 171. MEASURE 17 Section 12.05 Charter Review Commission. The City Council shall periodically appoint a Charter Review Commission which shall consist of no less than 5 and no more than 11 of frv€ citizens of the City. It shall be the duty of the Commission to: MEASURE 18 Section 12.05 Charter Review Commission. The City Council shall periodically appoint a Charter Review Commission of five citizens of the City. It shall be the duty of the Commission to: (a) Inquire into the operation of the City government under the Charter provisions and determine whether any such provisions require revision and to this end, public hearings may be held and the Commission shall have the power to compel the attendance of any officer or employee of the City to require the submission of any of the City records which it may consider necessary to the conduct of such hearing. (b) Make any recommendations it considers desirable to insure compliance with the provisions of this Charter by the several departments of the City. (c) Propose amendments to this Charter to improve its effective application to current conditions. (d) Report its findings and present its proposed amendments, if any, to the City Council. The City Council shall receive any report submitted by the Charter Review Commission, may comment on any proposed amendment recommendations made, and, if any amendment or amendments are presented as a part of such report, shall order such to be submitted to the voters of the City in the manner provided in Section 12.04. �= For purposes of this Section term "City Official" means any individual subject to the requirements of Texas Local Government Code, Chapter 171. It is hereby prohibited for City Council members or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local Government Code, Chapter 171. MEASURE 17 Section 12.05 Charter Review Commission. The City Council shall periodically appoint a Charter Review Commission which shall consist of no less than 5 and no more than 11 of frv€ citizens of the City. It shall be the duty of the Commission to: MEASURE 18 Section 12.05 Charter Review Commission. The City Council shall periodically appoint a Charter Review Commission of five citizens of the City. It shall be the duty of the Commission to: (a) Inquire into the operation of the City government under the Charter provisions and determine whether any such provisions require revision and to this end, public hearings may be held and the Commission shall have the power to compel the attendance of any officer or employee of the City to require the submission of any of the City records which it may consider necessary to the conduct of such hearing. (b) Make any recommendations it considers desirable to insure compliance with the provisions of this Charter by the several departments of the City. (c) Propose amendments to this Charter to improve its effective application to current conditions. (d) Report its findings and present its proposed amendments, if any, to the City Council. The City Council shall receive any report submitted by the Charter Review Commission, may comment on any proposed amendment recommendations made, and, if any amendment or amendments are presented as a part of such report, shall order such to be submitted to the voters of the City in the manner provided in Section 12.04. The term of office of the Charter Review Commission shall be 180 days after the date of the first meeting, said first meeting to occur within fort. -- f�45) days of the date of appointment. appointment of the G^,,,, . ^� ° td-, ilf during this term no report is presented to the City Council, then all records of the proceedings of the Commission shall be filed with the City Manager and the Charter Review Commission shall be dismissed. MEASURE 19 Section 12.09 Disaster Clause. In the case of a common disaster when a legal quorum of the City Council cannot otherwise be assembled due to multiple deaths or injuries, the surviving �persons of the City Council, or highest surviving City official, if no elected official remains, shall, within 24 hours of such disaster, request the highest surviving officers of the Guadalupe County Commissioners Court to appoint a number of residents of Schertz, qualified to serve as City Council Members, equal to the number necessary to make a quorum to act during the emergency as the City Council. The newly appointed City Council shall call a City election within 1.5 days of their qppointment, or as provided in the Texas Election Code, for election of the vacant offices, if for good reasons it is known a quorum of the present City Council will never again meet. If it is determined that a quorum of the City Council will meet again, the appointed Council Members shall serve in their position until such time as the Council Members may begin servin& SECTION 3. Measure 1 shall be placed on the ballot in the form of the following Proposition: The Amendment of the City Charter eliminating those provisions which are redundant of State Law or other sections of the Charter. FOR AGAINST Measure 2 and shall be placed on the ballot in the form of the following Proposition: DGIWOME The Amendment of the City Charter changing the number of Council Members from five (5) to seven (7). FOR AGAINST Measure 3 shall be placed on the ballot in the form of the following Proposition: 19Zi70m II[•]etcj The Amendment of the City Charter changing the term of office of City Council members and the .Mayor from two (2) years to three (3) years. FOR AGAINST Measure 4 shall be placed on the ballot in the form of the following Proposition: ffl • The Amendment of the City Charter providing for prohibitions and forfeitures of office and creating a due process procedure. FOR AGAINST Measure 5 shall be placed on the ballot in the form of the following Proposition: 111.12 The Amendment of the City Charter revising the City's financial procedures. Welam1 Measure 6 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 6 The Amendment of the City Charter to provide that elections are to be conducted pursuant to State law. WE AGAINST Measure 7 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 7 The Amendment of the City Charter to provide that initiative and Referendum petitions must be signed by fifteen (15) percent of the number of voters registered to vote at the last general City election and that recall petitions must be signed by qualified voters of the City equal in number to at least twenty (20) percent of the number of voters registered to vote at the last general City election. •• r_T•�_11013 Measure 8 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 8 The Amendment of the City Charter to provide a process for disannexation of City property as required by State law. •' Measure 9 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 9 The Amendment of the City Charter clarifying that the Mayor is the official signatory for official documents unless otherwise designated by Council. •' Measure 10 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 10 The Amendment of the City Charter deleting the requirement for the City Council to appoint Assistant City Managers. Uffls WHAM&I Measure 11 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 11 The Amendment of the City Charter authorizing the City Manager or a designee to attend all City Council meetings. •' Measure 12 shall be placed on the ballot in the form of the following Proposition: The Amendment of the City Charter revising the process for adopting operational and personnel policies. •• WHAMMl Measure 13 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 13 The Amendment of the City Charter authorizing the City Secretary to hire and supervise deputy city secretaries. •• AGAINST Measure 14 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 14 The Amendment of the City Charter deleting the section requiring the creation of a planning and zoning commission as repetitive of State law. •• Measure 15 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 15 The Amendment of the City Charter to provide a process for amending or repealing an ordinance adopted as a result of a petition by the voters. •• Measure 16 shall be placed on the ballot in the form of the following Proposition: Balwelewo The Amendment of the City Charter prohibiting city officials and city council members from violating the State law on conflicts of interest. FOR AGAINST Measure 17 shall be placed on the ballot in the form of the following Proposition: I Z•71•I►yllll[•lOR The Amendment of the City Charter to require the Charter Review Commission to consist of no less than 5 and not more than 11 citizens of the City. FOR AGAINST Measure 18 shall be placed on the ballot in the form of the following Proposition: The Amendment of the City Charter to provide the term of office of the Charter Review Commission shall be 180 days after the date of the first meeting with the first meeting to occur within forty -five (45) days of the date of appointment. FOR AGAINST Measure 19 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 19 The Amendment of the City Charter to provide a process for reconstituting the City Council if required after a common disaster. FOR AGAINST SECTION 4. Pursuant to Section 61.012, as amended, Texas Election Code, the City shall provide at least one accessible voting system in each polling place used in the election. Such voting system shall comply with Texas and federal laws establishing the requirement for voting systems that permit voters with physical disabilities to cast a secret ballot. Touch screen machines may be used for early voting and election day voting by personal appearance. Certain early voting may be conducted by mail. The Election Administrators shall also utilize a Central Counting Station (the "Station ") as provided by Section 127.001, et seq., as amended, Texas Election Code. Jacquelyn Callanen, the Elections Administrator for Bexar County and Lisa Adam, the Elections Administrator of Guadalupe, have been appointed as the Managers and Presiding Judges of the Station, and they may appoint Station clerks and establish a written plan for the orderly operation of the Station in accordance with the provisions of the Texas Election Code. The Election Administrator will appoint the Tabulation Supervisor, who will also serve as the Programmer for the Station. Lastly, the Election Administrators will publish notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks for the Station in accordance with the provisions of the Texas Election Code. SECTION 5. The City election precincts established for this election shall be the precincts named on Exhibit A attached hereto. A list of the City election precincts and the polling places designated for each such election precinct are identified on Exhibit A to this Ordinance, and this Exhibit is incorporated by reference for all purposes. At least 63 days prior to the scheduled election date, the Council, in coordination with the Elections Administrator, will identify and formally approve the appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election officials for this election. Each Presiding Judge shall appoint not less than two (2) resident qualified voters of the County to act as clerks to properly conduct the election. However, if the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. The appointment of such clerks may include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on the day of the election. In the absence of the Presiding Judge named above, the Alternate :Presiding Judge shall perform the duties of the Presiding Judge. The election shall be held in the City at the precinct locations listed on Exhibit A as prescribed by applicable law, and, on the day of the election, the polls shall be open from 7:00 a.m. to 7:00 p.m. The Bexar County Elections Office, 203 W. Nueva St #300, San Antonio, Texas 78207 and Guadalupe County Elections Office, 1101 Elbel Road, Schertz, Texas 78154, are hereby designated as the main early voting places at which early voting shall be conducted. Lisa Adam, the Elections Administrator (whose mailing address is Post Office Box 1346, Seguin, Texas 78156), and Jacquelyn Callanen Elections Administrator (whose mailing address is 203 W. Nueva Ste #300, San Antonio, Texas 78207 are hereby appointed as the Early Voting Clerks to conduct such early voting in the election. The Early Voting Clerk shall appoint not less than two (2) Deputy Early Voting Clerks in accordance with the provisions of the Texas Election Code. Early voting shall be conducted on the dates and at the times, and at the locations, identified in Exhibit A. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. Jacquelyn Callanen and Lisa Adam, the Elections Administrators of Bexar and Guadalupe County, will appoint the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two (2) nor more than ten (10) resident qualified voters of the County to serve as members of the Early Voting Ballot Board. SECTION 6. All resident qualified voters of the City shall be permitted to vote at any one of the early voting locations, and, on the day of the election, such voters shall vote at any one of the designated polling places. The election shall be held and conducted in accordance with the provisions of the Texas Election Code, as amended, and the provisions of Texas Revised Civil Statutes, Chapter 1 of Title 22, as amended, and as may be required by any other law. All election materials and proceedings shall be printed in both English and Spanish. SECTION 7. The anticipated fiscal impact of conducting the election and implementing modifications, if any, to the Charter which may be approved by the voters in such election is currently estimated to be $38,000. SECTION 8. A substantial copy of this Ordinance shall serve as a proper notice of the election. This notice, including a Spanish translation thereof, shall be posted at the City Hall not less than twenty -one (21) days prior to the date the election is to be held, and be published in a newspaper of general circulation in the City, (a) not more than thirty (30) days, and not less than ten (10) days prior to the day of the election, and (b) on the same day in each of two successive weeks with the first publication occurring not less than fourteen (14) full days prior to the day of the election. SECTION 9. The Council authorizes the City Manager or his designee to negotiate and enter into a joint election agreement and a contract to conduct the election with the Elections Administrator in accordance with the provisions of the Texas Election Code. SECTION 10. 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 11. All ordinances and resolutions, 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 ordered herein. SECTION 12. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 13. 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 this Council hereby declares that this Ordinance would have been enacted without such invalid provision. The Council hereby authorizes the Mayor and the City Manager of the City to make such technical modifications to this Ordinance that are necessary for compliance with applicable Texas or federal law or to carry out the intent of this Council, as evidenced herein. SECTION 14. 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, Texas Government Code, as amended. SECTION 15. This Ordinance shall be in force and effect from and after its final passage and any publication required by law. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT THIS ORDINANCE WAS PASSED on first reading, this the day of July, 2015. PASSED, APPROVED, AND ADOPTED on second and final reading, this the day of , 2015. . CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A Early Polling Places and Election Precincts Location, Dates & Hours of Main Early Voting Polling Location (Lugar, Fechas y Horas de los Centros Principales de VotacionPara la Votacion Anticipada) Comal & Guadalupe County: Monday, Oct.19thth through Friday, Oct. 23rd, 2015 Lunes, 19 de Oct. hasta el Viernes, 23 de Oct. de 2015 8:00 a.m. to 5:00 p.m. de 8:00 de la manana a las 5:00 de tarde Monday, Oct. 26th through Friday, Oct. 30st, 2015 Lunes, 26 de Oct. hasta el Viernes, 30 de Oct. de 2015 7:00 a.m. to 7:00 p.m. de 7:00 de la manana a las 7:00 de la tarde Saturday, Oct. 24, 2015 — 7:00 a.m. to 7:00 p.m. Sabado, 24 de Oct., 2015 — de 7:00 de la manana a las 7:00 de la tarde Sunday, Oct. 25, 2015 —1:00 p.m. to 6:00 p.m. Domingo, 25 de Oct., 2015 — de 1:00 de la tarde a las 6:00 de la tarde Comal & Guadalupe Counties: Seguin Elections Office -215 So. Milan Street, Seguin, TX (Main Early Voting Location) Grace Memorial Church -3240 FM725 -New Braunfels, TX Central Texas Technology Center -Room 118 Conference Room, 2189 FM 758, New Braunfels, TX Schertz Elections Office Annex -1101 Elbel Rd.- Schertz, TX New Berlin City Hall -9180 FM 775 -New Berlin, TX. Election Day Polling Locations Polls Open from 7:00 a.m. to 7:00 p.m. COMAL C0: 202 John Paul II Catholic High School, 6720 FM 482, New Braunfels 301 Westside Community Center, 2932 So. IH 35, New Braunfels GUADALUPE CO: 303 Schertz Elections Office, 1101 Elbel Rd., Schertz 304 Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz 305 Selma City Hall, 9375 Corporate Dr., Selma 306 Crosspoint Fellowship Church, 2600 Roy Richard Drive, Schertz 401 Immaculate Conception Catholic Church, 212 N. Barnett St., Marion 402 Schertz Community Center, 1400 Schertz Parkway, Schertz 403 Knights of Columbus Hall, 509 Schertz Pkwy., Schertz 404 Schertz Community Center North, 3501 Morning Dr., Cibolo 409 Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkwy., Cibolo Applications for Ballot by Mail shall be mailed to: (Las solicitudes para boletas que se votaran adelantada por correo deberan enviarse a:) Lisa Adam, Elections Administrator, P. 0. Box 1346, Seguin, TX 78156 -1346. Applications for Ballots by Mail must be received no later than the close of business on Oct. 23, 2015. (Las solicitudes para boletas que se votaran adelantada por correo deberan recibirse para el fin de las horas de negocio el 23 de Oct., 2015.) Bexar County: JOINT GENERAL ELECTION ELECCION CONJUNTO NOVEMBER 3, 2015 3 de noviembre de 2015 THE HOURS OF EARLY VOTING WILL BE: (LAS HORAS Y FECHAS DE VOTACION ADELANTADA SERAN:) Mon., Oct. 19 thru Fri., Oct. 23 ....... ............................... ...........................8:00 a.m. to 6:00 p.m. Lunes 19 de octubre de 2015 hasta el viernes 23 de octubre de 2015 8:00 a.m. to 6:00 p.m. Sat., Oct. 24, 2015 .......................... ............................... ..........................10:00 a.m. to 6:00 p.m. Sabado 24 de octubre de 2015 ..... ............................... ..........................10:00 a.m. to 6:00 p.m. Sun., Oct. 25, 2015 .................................................. ............................... 12:00 noon — 6:00 p.m. Domingo 25 de octubre de 2015 ............................ ............................... 12:00 noon — 6:00 p.m. Mon., Oct. 26 thru Wed., Oct. 28 .... ............................... ...........................8:00 a.m. to 6:00 p.m. Lunes 27 de octubre de 2015 hasta el miercoles 28 de octubre ........8:00 a.m. to 6:00 p.m. Thurs., Oct. 29 thru Fri., Oct. 30 .... ............................... ...........................8:00 a.m. to 8:00 p.m. Jueves 29 de octubre de 2015 hasta el viernes 30 de octubre de 2015 8:00 a.m. to 8:00 p.m. October 19, 2015 — October 30, 2015 SUN MON TUES WED THURS FRI SAT 18 19 20 21 22 23 24 * * * * ** * * * * ** * * * * ** * * * * ** * * * * ** * * * * * ** 25 26 27 28 29 30 31 * * * * * ** * * * * ** * * * * * ** * * * * * ** * * * * * ** * * * * * ** 1 2 3 ELECTION DAY Legend: * * * * * * ** Indicates dates open for early voting Main Early Voting Location: (Local idad Principal de Votacion Adelantada:) BEXAR COUNTY ELECTIONS DEPARTMENT ............................. ...........................1103 S. Frio DEAFLINK available for the hearing impaired In addition to the main early polling place, early voting will be conducted at the following locations: (Ademas de la localidad principal, votacion adelantada se Ilevara a cabo en las siguiente localidades:) * * * * *BEXAR COUNTY JUSTICE CENTER ... ............................... ............................300 Dolorosa BLOSSOM ATHLETIC CENTER ............... ............................... 12002 Jones Maltsberger BROOKHOLLOW LIBRARY ..... ............................... ............................530 Heimer Road CASTLE HILLS CITY HALL... (SE CORNER OF COUNCIL CHAMBERS) .......... 209 Lemonwood Dr. CLAUDE BLACK CENTER .............. ............................... ...........................2805 East Commerce CODY LIBRARY ............................... ............................... ..........................11441 Vance Jackson CONVERSE CITY HALL .................................... ............................... 405 S. Seguin Rd COPERNICUS COMMUNITY CENTER ...................... ............................... 5003 Lord Rd. EAST CENTRAL ISD ADMIN BUILDING .... ...........................6634 New Sulphur Springs Road ENCINO BRANCH LIBRARY ............................ ............................... 2512 East Evans Rd FAIR OAKS RANCH CITY HALL... (COUNCIL CHAMBERS ) ...................7286 Dietz Elkhorn GREAT NORTHWEST LIBRARY ............................... ............................... 9050 Wellwood HELOTES CITY HALL ..................................... ............................... 12951 Bandera Rd. HENRY A. GUERRA, JR. LIBRARY ............................ ...........................7978 W Military Drive JOHN IGO LIBRARY ................................... ............................... 13330 Kyle Seale Parkway JOHNSTON LIBRARY .................... ............................... ...........................6307 Sun Valley Drive JULIA YATES SEMMES LIBRARY @ Comanche Lookout Park ............. 15060 Judson Road LAS PALMAS LIBRARY .................. ............................... ............................515 Castroville Road LEON VALLEY LIBRARY .............. ............................... ...........................6421 Evers Rd LION'S FIELD ............................................. ............................... ...........................2809 Broadway MAURY MAVERICK, JR. LIBRARY ....... ............................... ...........................8700 Mystic Park MCCRELESS LIBRARY .................................... ............................... 1023 Ada Street MEMORIAL LIBRARY ............................................... ............................... 3222 Culebra MISSION LIBRARY ....................................... ............................... 3134 Roosevelt Ave. NORTHSIDE ACTIVITY CENTER ....... ............................... ...........................7001 Culebra OLMOS CITY HALL .................... ............................... ............................120 El Prado W PARMAN LIBRARY @Stone Oak ................... ............................... 20735 Wilderness Oak PRECINCT 1 SATELLITE OFFICE .................... ............................... 3505 Pleasanton Rd. SHAVANO PARK CITY HALL... (COUNCIL CHAMB ) .......................... 900 Saddletree Ct SOMERSET HIGH SCHOOL ...................... ...........................7650 South 1604 West, Somerset SOUTH PARK MALL ............... ............................... ...........................2310 S.W. Military TOBIN LIBRARY @ OAKWELL ...................... ............................... 4134 Harry Wurzbach UNIVERSAL CITY — CITY HALL ..................... ............................... 2150 Universal City Blvd. WINDCREST TAKAS PARK CIVIC CENTER ................ ...........................9310 Jim Seal Dr. WONDERLAND MALL OF THE AMERICAS @ CROSSROADS ............4522 Fredericksburg * ** Early Voting Will not be conducted on Saturday or Sunday or after 6:00 pm on weekdays. subject to change (sujeto a cambio) For more information contact the office of the Bexar County Elections Administrator, Jacquelyn F. Callanen, at (210) 335 -VOTE (8683) (Para mas information comuniquese con oficina del Condado de Bexar Administrador de Elecciones, Jacquelyn F. Callanen, al telefono (210) 335 -VOTE (8683)) Applications for Ballot by Mail shall be mailed to: (Las solicitudes para boletas que se votaran adelantada por correo deberan enviarse a:) Jacquelyn F. Callanen, Elections Administrator, 1103 S. Frio, Suite 100, San Antonio Texas 78207 -6328. Applications for Ballots by Mail must be received no later than the close of business on Oct. 23, 2015. (Las solicitudes para boletas que se votaran adelantada por correo deberan recibirse Para el fin de las horas de negocio el 23 de Oct., 2015.) MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by and between Bexar County Elections Administrator ( "ADMINISTRATOR "), acting on behalf of Bexar County and any and all political subdivisions that are holding a Tuesday, November 5, 2013 Amendment, General, Special and Bond Election. This MOU is the planning document necessary for the preparation and implementation of the Joint Agreement as required pursuant to Texas Election Code Section 271.002(a). The following entities have made a verbal confirmation to the Joint Election: Bexar County, ( "County "); San Antonio River Authority ( "SARA "); the City of Castle Hills ( "COCH "); the City of Converse ( "COC "); the City of Leon Valley ( "COLV "); the City of Olmos Park ( "COOP ") and the City of Schertz ( "COS "); the City of Windcrest ( "COW "); the Cibolo Creek Municipal Authority ( "CCMA "); the Green Valley Special Utility District ( "GVSUD ");the Schertz Cibolo Universal City ISD ( "SCUCISD ") they may also be joined by other entities acting by and through their duly appointed and qualified representatives, for the November 5, 2013 election. Any entity that is able to cancel their election will assume no cost for the planning of this election upon receipt of the proper paperwork. All costs will then be divided according to the pre determined pro rata share agreed upon. Contracts will be executed following the deadline to cancel an election and distributed for signatures and deposits. WHEREAS, County will conduct an amendment election on Tuesday, November 5, 2013; and WHEREAS, SARA will conduct a general election on Tuesday, November 5, 2013; and WHEREAS, COCH will conduct a special election on Tuesday, November 5, 2013; and WHEREAS, COC will conduct a general election on Tuesday, November 5, 2013; and WHEREAS, COLV will conduct a special election on Tuesday, November 5, 2013; and WHEREAS, COOP will conduct a special election on Tuesday, November 5, 2013; and WHEREAS, COS will conduct a general election on Tuesday, November 5, 2013; and WHEREAS, COW will conduct a general and special election on Tuesday, November 5, 2013; and WHEREAS, CCMA will conduct a general election on Tuesday, November 5, 2013; and WHEREAS, GVSUD will conduct a general election on Tuesday, November 5, 2013; and WHEREAS, SCUCISD will conduct a general election on Tuesday, November 5, 2013; and NOW THEREFORE, it is understood that the Entities will hold a joint election on November 5, 2013 (the "Joint Election ") . The undersigned Entities are the duly authorized representatives of their governing bodies, and their signatures represent acceptance of the terms and conditions of this Memorandum of Understanding for planning purposes. This MOU may be executed in two or more counterparts. Together the counterparts shall be deemed an executed original instrument. The Entities may execute this MOU and exchange counterparts of the signature pages by means of facsimile transmission, and the receipt of executed counterparts by facsimile transmission shall be binding on the Entities. Following such exchange, the parties shall promptly exchange original versions of such signature pages. SIGNED and AGREED this day of , 2013. Jacquelyn F. Callanen ENTITY BY: TITLE: ITEMS AND ISSUES ON BALLOT: .THE STATE OF TEXAS } } COUNTY OF GUADAL UPE } CONTRACT FOR ELECTION SERVICES THIS CONTRACT made by and between Guadalupe County, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "County," and City of Schertz, Texas, hereinafter referred to as "Political Subdivision," pursuant to Texas Election Code Sections 31.092(a) for an election to be held on November 3, 2015, . which lies partially in Guadalupe, Comal and Bexar Counties. Said election for the Political Subdivision lying in Guadalupe County and Comal County will be administered by Lisa Adam, Elections Administrator, hereinafter referred to as "Elections Administrator ". Said Political Subdivision is holding a General and Special Election, at their expense on November 3, 2015. The County owns an electronic voting system, the Diebold Touch Screens for Early Voting and Election Day voting and Diebold Optical Scan for paper mail ballots, which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 1.22 as amended, and is compliant with the accessibility requirements set forth by Texas Election Code Section 61.012. Political Subdivision desires to use the County's electronic voting system and to compensate the County for such use. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: The Elections Administrator of Guadalupe County shall coordinate, supervise, and handle all aspects of administering the Election as provided in this Contract. Political Subdivision agrees to pay Guadalupe County for equipment, supplies, services, and administrative costs as provided in this Contract. The Elections Administrator shall serve as the administrator for the Election; however, the Political Subdivision shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of the Political Subdivision. It is understood that other political subdivisions may wish to participate in the use of the County's electronic voting system and polling places, and it is agreed that Guadalupe County and the Elections Administrator may enter into other contracts for election services for those purposes on terms and conditions generally similar to those set forth in this contract. Political Subdivision agrees that other political subdivisions that may have territory located partially or wholly within the boundaries of Political Subdivision, and in such case all parties sharing common territory shall enter into a Joint Election Agreement and share a joint ballot on the county's electronic voting system at the applicable polling places. In such cases, costs shall be divided among the participants. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. II. LEGAL DOCUMENTS Political Subdivision shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or Political Subdivision's governing body, charter, or ordinances. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of the Political Subdivision, including translation to languages other than English. Political Subdivision shall provide a copy of their election order and notice to the Elections Administrator. el"[0- # W The Elections Administrator shall arrange for the use of all Election Day voting locations. Voting locations will be the County's usual voting locations. In the event a voting location is not available, the Elections Administrator will arrange for use of an alternate location with the approval of the Political Subdivision. The Elections Administrator shall arrange for the use of the two Comal County voting locations for the Political Subdivision. If polling places are different from the polling place(s) used by Political Subdivision in it's most recent election, Political Subdivision agrees to post a notice no later than the day before the election, at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision's polling place names and addresses in effect for election. All obligations of the Elections Administrator contained in this contract with respect to polling locations shall be limited to the provision of polling locations located within the geographical boundaries of Guadalupe County, Texas. The Elections Administrator has agreed to contact the authority in Comal County to arrange for the use of Precincts 202 and 301 election day polling locations in Comal County. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Elections Administrator shall recommend election judges, alternate judges and clerks. Upon request by the Elections Administrator, Political Subdivision agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election. Code, and will take the necessary steps to insure that all election judges appointed for the Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him /her of their appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at an hourly rate established by Guadalupe County pursuant to Texas Election Code Section 32.091. (Election Judge and Alternate Judge - $10 /hour; Clerks- $9/hour; Early Voting Clerks -$9.15 /hour) The Election Judge will receive an additional sum of $25.00 for picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. In addition, all workers receive a $15 flat rate compensation for mandatory training. The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to official ballots, sample ballots, voter registration lists, and all forms, signs and other materials used by the election judges at the voting locations. The Elections Administrator shall provide the necessary voter registration information, instructions, and other information needed for the election. If General maps are needed for a particular Political Subdivision, the Election Administrator will order the maps and pass that charge on to that particular Political Subdivision. Political Subdivision shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and /or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority's ballot is to be printed). This list shall be delivered to the Elections Administrator as soon as possible after ballot positions have been determined by each of the participating authorities. Said list shall be provided to the Elections Administrator by the date set out in the published Election Calendar provided by the Secretary of State. Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates and /or propositions. It is agreed by all parties that at all times and for all purposes hereunder, all election judges, clerks, and all other personnel involved in this election are independent contractors and are not employees or agents of the County or Political Subdivision. No statement contained in this Contract shall be construed so as to find any judge, clerk, or any other election personnel an employee or agent of the County or Political Subdivision, and no election personnel shall be entitled to the rights, privileges, or benefits of County or Political Subdivision employees except as otherwise stated herein, nor shall any election personnel hold himself out as an employee or agent of the County or Political Subdivision, unless considered a county employee as determined by the Guadalupe County Human Resources Department. VI. EARLY VOTING Political Subdivision agrees to appoint the Elections Administrator as the Early Voting Clerk. Political Subdivision also agrees to appoint the Elections Administrator's permanent county employees as deputy early voting clerks. Political Subdivision further agrees that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Guadalupe County pursuant to Section 83.052 of the Texas Election Code ($9.15 /hour). Early Voting by personal appearance will be held at the locations, dates, and times determined by Political Subdivision. Any qualified voter of the Election may vote early by personal appearance at any one of the early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election. Code. Any requests for early voting ballots to be voted by mail received by the Political Subdivision shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The Elections Administrator shall, upon request, provide the Political Subdivision a copy of the early voting report on a daily basis and a cumulative final early voting report following the election. Elections Administrator shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Election. The Presiding Judge, with the assistance of the Elections Administrator, may appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this Contract. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Lisa Adam Tabulation Supervisor: Lisa Adam Presiding Judge: Missy Doss The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to the Political Subdivision as soon as possible after all returns have been tabulated. All participating authorities shall be responsible for the official canvass of their respective elections. X. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF Mof9x911Y[1101 Political Subdivision may withdraw from this Contract should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code, or should it be later ruled that the election is not needed. Political Subdivision is fully liable for any expenses incurred by Guadalupe County on behalf of Political Subdivision. Any monies deposited with the county by the withdrawing authority shall be refunded, minus the aforementioned expenses. XI. RECORDS OF THE ELECTION Voted ballots and all records of the Election will be given to the Political Subdivision to be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Elections Code. However, if the Political Subdivision enters into a Joint Election Agreement with another political subdivision, the Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Election as authorized by Section 271.010 of the Texas Election. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. XII. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. Political Subdivision agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the Political Subdivision's official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to the District as necessary to conduct a proper recount. XIII. MISCELLANEOUS PROVISIONS The Elections Administrator shall file copies of this document with the Guadalupe County Treasurer and the Guadalupe County Auditor in accordance with Section 31.099 of the Texas Election Code. In the event that legal action is filed contesting Political. Subdivision's election under Title 14 of the Texas Election Code, Political Subdivision shall choose and provide, at its own expense, legal counsel for the County, the Elections Administrator, and additional election personnel as necessary. Nothing in this contract prevents any party from taking appropriate legal action against any other party and /or other election personnel for a breach of this contract or a violation of the Texas Election Code. The parties agree that under the Constitution and laws of the State of Texas, neither Guadalupe County nor Political Subdivision can enter into an agreement whereby either parry agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any, to indemnifying or holding or saving harmless for any reason are hereby deleted. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Guadalupe County, Texas and the two (2) precincts in Comal County, Texas. In the event of one of more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. The waiver by any party of a breach of any provision of this Contract shall not operate as or be construed as a waiver of any subsequent breach. Any amendments of this Contract shall be of no effect unless in writing and signed by all parties hereto. IN TESTIMONY HEREOF, this Contract, its multiple originals all of equal force, has been executed on behalf of the parties hereto as follows, to -wit: 1. It has on this day of , 2015, been executed on behalf of Guadalupe County by the Elections Administrator pursuant to the Texas Election Code so authorizing; and 2. It has on this day of , 2015, been executed on behalf of the Political Subdivision by its :Presiding Officer or authorized representative, pursuant to an action of the Political Subdivision so authorizing. GUADALUPE COUNTY, TEXAS LISA ADAM Elections Administrator ATTEST: City of Schertz, Texas: By: Presiding Officer /Authorized Representative JOINT ELECTION AGREEMENT BETWEEN THE CITY OF SCUERTZ, CITY OF CIBOLO, CIBOLO CREEK MUNICIPAL AUTHORITY, GREEN VALLEY SPECIAL UTILITY DISTRICT AND THE SCHERTZ— CIBOLO— UNIVERSAL CITY INDEPENDENT SCHOOL I /7J.` Hks x/11 itlil 1 11 �[K�111�1111ii �1119[� 1� [��►f.� This joint election agreement is made this day of , 2015, . by and between the City of Schertz, the City of'Cibolo, the Cibolo Creek Municipal Authority ( "CCMA'), Green Valley Special Utility District ( "GVSUD'; the Schertz- Cibolo - Universal City Independent School District (`SCUCISD') and Guadalupe County, Texas, (COUNTY) (collectively `Entities" or `Participating Entities'). WHEREAS, the City of Schertz plans to hold a General Election and a Special Election on November 3, 2015, for the purpose of electing three 3 city council members for Place 3, Place 4 and Place 5; and a Special Election for Charter Amendments and Bond election; WHEREAS, the City of Cibolo plans to hold a General Election on November 3, 2015, for the purpose of electing a Mayor and three (3 ) city council members for District 2, District 3, and District 7; WHEREAS, the Cibolo Creek Municipal Authority plans to hold a General Election on November 3, 2015 for the purpose of electing two (2) Board Directors for Place 1, and Place 2; WHEREAS, the Green Valley Special Utility District plans to hold a General Election on November 3, 2015 for the purpose of electing two 2) Board Directors; WHEREAS, Schertz - Cibolo- Universal City Independent School District (SCUCISD) plans to hold a General Election on November 3, 2015, for the purpose of electing three (3) school board trustees for Place 1. Place 2. and Place 3: WHEREAS, Texas Election Code section 271.002 authorizes the governing bodies of political subdivisions to enter into an agreement to hold joint elections in election precincts that can be served by common polling places; WHEREAS, the parties to this agreement serve voters within the same boundaries, and it would be to the benefit of the City of Schertz, City of Cibolo, CCMA, GVSUD, and SCUCISD, and the citizens and voters thereof to hold the elections jointly. NOW, THEREFORE, IT IS AGREED that a joint election will be held by City of Schertz, City of Cibolo, CCMA, GVSUD, and SCUCISD under the following terms and conditions: THIS AGREEMENT is subject to the written approval of all parties and shall not be binding on the parties until such written approval is obtained. Page 1 of 11 THIS AGREEMENT will require the Guadalupe County Elections Administrator and the Bexar County Elections Administrator to be appointed the Joint Early Voting Clerk. THIS AGREEMENT requires the City of Schertz, the City of Cibolo, COMA, GVSUD, and SCUCISD to use joint ballots. THIS AGREEMENT requires the City of Schertz, the City of Cibolo, CCMA, GVSUD, and SCUCISD to share costs associated with this joint election proportionally where polling places are shared by more than one entity. THIS AGREEMENT requires the City of Schertz, the City of Cibolo, CCMA, GVSUD, and SCUCISD to be responsible for ordering its own election and publishing notice of the elections separately. The cost to publish the notice will be the responsibility of each individual entity. THIS AGREEMENT will require joint Early Voting and Election Day locations, dates, and times to be used by the City of Schertz, the City of Cibolo, CCMA, GVSUD, and SCUCISD. THIS AGREEMENT will require the Bexar County Elections Administrator and the Guadalupe County Elections Administrator to tabulate the precinct results and canvassing separately for the City of Schertz, the City of Cibolo, CCMA, GVSUD, and SCUCISD. The results will be delivered to each entity by facsimile. THIS AGREEMENT will require the Bexar County Elections Administrator and the Guadalupe County Elections Administrator to be responsible for the safekeeping of election records for this joint election. THIS AGREEMENT will require the Bexar County Elections Administrator and the Guadalupe County Elections Administrator to be responsible for performing the following duties and to furnish the following services and equipment pursuant to the election services contract with Bexar and Guadalupe County's: 1. Recommend election judges, alternate judges and clerks. 2. Pay election judges and other election workers. 3. Procure and distribute all necessary election supplies. 4. Supply all necessary voting equipment; transport equipment to and from the polling places, and prepare the voting equipment for use at the polling places. 5. Issue Writs of Election to the election judges appointed. 6. Perform early voting clerk duties. 7. Publish the legal notice of the date, time, and place of the electronic tabulating equipment test and conduct such test and provide copies to entities. 8. Prepare any submission of voting changes to be submitted to the U.S. Department of Justice under the Federal Voting Rights Act of 1965, as amended, if necessary. 9. Arrange for the use of a central counting station and for the tabulating personnel needed at the counting station and assist in the preparation of programs and the test materials for tabulation of the ballots to be used with electronic voting equipment. Page 2 of 11 1.0. Assist in providing the general overall supervision of the election and will provide to the Canvassing Authority the prescribed election records and reports as required when a central counting station is used: (a) Canvassing Summary Report, (b) Accumulated Totals Report of early voting and Election Day, and (c) Electronically submit results to the Secretary of State. 1.1. Ballot type: (For use with mail ballots.) Optical scan. 12. Ballot tabulating equipment to be used: Premier Touch Screens, Premier Optical Scan for paper ballots. GENERAL CONDITIONS A. Common Early Voting and Election Day Polling Locations Location, Dates & Hours of Main Early Voting Polling Location (Lugar, Fechas y Horas de los Centros Principales de Votacion Para la Votacion Anticipada) Comal & Guadalupe County: Monday, Oct.l9thth through Friday, Oct. 23rd, 2015 Lunes, 19 de Oct. hasta el Viernes, 23 de Oct. de 2015 8:00 a.m. to 5:00 p.m. de 8:00 de la manana a las 5:00 de tarde Monday, Oct. 26th through Friday, Oct. 30st, 2015 Lunes, 26 de Oct. hasta el Viernes, 30 de Oct. de 2015 7:00 a.m. to 7:00 p.m. de 7 :00 de la manana a las 7:00 de la tarde Saturday, Oct. 24, 2015 - 7:00 a.m. to 7:00 p.m. Sabado, 24 de Oct., 2015 - de 7:00 de la manana a las 7:00 de la tarde Sunday, Oct. 25, 2015 -1:00 p.m. to 6:00 p.m. Domingo, 25 de Oct., 2015 - de 1:00 de la tarde a las 6:00 de la tarde Comal & Guadalupe Counties: Seguin Elections Office -215 So. Milan Street, Seguin, TX (Main Early Voting Location) Grace Memorial Church -3240 FM725 -New Braunfels, TX Central Texas Technology Center -Room 118 Conference Room, 2189 FM 758, New Braunfels, TX Schertz Elections Office Annex -1101 Elbel Rd.- Schertz, TX New Berlin City Hall -9180 FM 775 -New Berlin, TX Page 3 of 11 Election Day Polling Locations Polls Open from 7:00 a.m. to 7:00 p.m. COMAL C0: Lunes 19 de octubre de 2015 hasta el viernes 23 de octubre de 2015 8:00 a.m. to 6:00 p.m. 202 John Paul II Catholic High School, 6720 FM 482, New Braunfels 301 Westside Community Center, 2932 So. IH 35, New Braunfels GUADALUPE CO: 12:00 noon — 6:00 p.m. 303 Schertz Elections Office, 1101 Elbel Rd., Schertz 304 Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz 305 Selma City Hall, 9375 Corporate Dr., Selma 306 Crosspoint Fellowship Church, 2600 Roy Richard Drive, Schertz 401 Immaculate Conception Catholic Church, 212 N. Barnett St., Marion 402 Schertz Community Center, 1400 Schertz Parkway, Schertz 403 Knights of Columbus Hall, 509 Schertz Pkwy., Schertz 404 Schertz Community Center North, 3501 Morning Dr., Cibolo 409 Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkwy., Cibolo Applications for Ballot by Mail shall be mailed to: (Las solicitudes para boletas que se votaran adelantada por correo deberan enviarse a:) Lisa Adam, Elections Administrator, P. 0. Box 1346, Seguin, TX 78156.1346. Applications for Ballots by Mail must be received no later than the close of business on Oct. 23, 2015. (Las solicitudes para boletas que se votaran adelantada por correo deberan recibirse para el fin de las horas de negocio el 23 de Oct., 2015.) Bexar County: Bexar County' JOINT GENERAL ELECTION ELECCION CONJUNTO NOVEMBER 3, 2015 3 de noviembre de 2015 THE HOURS OF EARLY VOTING WILL BE: (LAS HORAS Y FECHAS DE VOTACION ADELANTADA SERAN:) Mon., Oct. 19 thru Fri., Oct. 23 ....... ............................... ...........................8:00 a.m. to 6:00 p.m. Lunes 19 de octubre de 2015 hasta el viernes 23 de octubre de 2015 8:00 a.m. to 6:00 p.m. Sat., Oct. 24, 2015 .......................... ............................... ..........................10:00 a.m. to 6:00 p.m. Sabado 24 de octubre de 2015 ..... ............................... ..........................10:00 a.m. to 6:00 p.m. Sun., Oct. 25, 2015 .................................................. ............................... 12:00 noon — 6:00 p.m. Domingo 25 de octubre de 2015 ............................ ............................... 12:00 noon — 6:00 p.m. Mon., Oct. 26 thru Wed., Oct. 28 .... ............................... ...........................8:00 a.m. to 6:00 p.m. Lunes 27 de octubre de 2015 hasta el miercoles 28 de octubre ........8:00 a.m. to 6:00 p.m. Thurs., Oct. 29 thru Fri., Oct. 30 .... ............................... ...........................8:00 a.m. to 8:00 p.m. Jueves 29 de octubre de 2015 hasta el viernes 30 de octubre de 2015 8:00 a.m. to 8:00 p.m. October 19, 2015 — October 30, 2015 Page 4 of 11 SUN MON TOES WED THURS FRI SAT 18 19 20 21 22 23 24 Dietz Elkhorn * * * * ** * * * * ** * * * * ** * * * * ** * * * * ** * * * * * ** 13330 Kyle Seale Parkway JOHNSTON LIBRARY .................... ............................... ...........................6307 Sun Valley Drive JULIA YATES SEMMES LIBRARY @ Comanche Lookout Park ............. 15060 Judson Road LAS PALMAS LIBRARY .................. ............................... ............................515 Castroville Road LEON VALLEY LIBRARY .............. ............................... ...........................6421 Evers Rd LION'S FIELD ............................................. ............................... ...........................2809 Broadway 25 26 27 28 29 30 31 1 2 3 ELECTION DAY Legend: * * * * * * ** Indicates dates open for early voting Main Early Voting Location: (Local idad Principal de Votacion Adelantada:) BEXAR COUNTY ELECTIONS DEPARTMENT ............................. ...........................1103 S. Frio DEAFLINK available for the hearing impaired In addition to the main early polling place, early voting will be conducted at the following locations: (Ademas de la localidad principal, votacion adelantada se Ilevara a cabo en las siguiente localidades:) * * * * *BEXAR COUNTY JUSTICE CENTER ... ............................... ............................300 Dolorosa BLOSSOM ATHLETIC CENTER ............... ............................... 12002 Jones Maltsberger BROOKHOLLOW LIBRARY ..... ............................... ............................530 Heimer Road CASTLE HILLS CITY HALL... (SE CORNER OF COUNCIL CHAMBERS) .......... 209 Lemonwood Dr. CLAUDE BLACK CENTER .............. ............................... ...........................2805 East Commerce CODY LIBRARY ............................... ............................... ..........................11441 Vance Jackson CONVERSE CITY HALL .................................... ............................... 405 S. Seguin Rd COPERNICUS COMMUNITY CENTER ...................... ............................... 5003 Lord Rd. EAST CENTRAL ISD ADMIN BUILDING .... ...........................6634 New Sulphur Springs Road ENCINO BRANCH LIBRARY ............................ ............................... 2512 East Evans Rd FAIR OAKS RANCH CITY HALL... (COUNCIL CHAMBERS ) ...................7286 Dietz Elkhorn GREAT NORTHWEST LIBRARY ............................... ............................... 9050 Wellwood HELOTES CITY HALL ..................................... ............................... 12951 Bandera Rd. HENRY A. GUERRA, JR. LIBRARY ............................ ...........................7978 W Military Drive JOHN IGO LIBRARY ................................... ............................... 13330 Kyle Seale Parkway JOHNSTON LIBRARY .................... ............................... ...........................6307 Sun Valley Drive JULIA YATES SEMMES LIBRARY @ Comanche Lookout Park ............. 15060 Judson Road LAS PALMAS LIBRARY .................. ............................... ............................515 Castroville Road LEON VALLEY LIBRARY .............. ............................... ...........................6421 Evers Rd LION'S FIELD ............................................. ............................... ...........................2809 Broadway MAURY MAVERICK, JR. LIBRARY ....... ............................... ...........................8700 Mystic Park MCCRELESS LIBRARY .................................... ............................... 1023 Ada Street MEMORIAL LIBRARY ............................................... ............................... 3222 Culebra Page 5 of 11 MISSION LIBRARY ....................................... ............................... 3134 Roosevelt Ave. NORTHSIDE ACTIVITY CENTER ....... ............................... ...........................7001 Culebra OLMOS CITY HALL .................... ............................... ............................120 El Prado W PARMAN LIBRARY @Stone Oak ................... ............................... 20735 Wilderness Oak PRECINCT 1 SATELLITE OFFICE .................... ............................... 3505 Pleasanton Rd. SHAVANO PARK CITY HALL... (COUNCIL CHAMB ) .......................... 900 Saddletree Ct SOMERSET HIGH SCHOOL ...................... ...........................7650 South 1604 West, Somerset SOUTH PARK MALL ............... ............................... ...........................2310 S.W. Military TOBIN LIBRARY @ OAKWELL ...................... ............................... 4134 Harry Wurzbach UNIVERSAL CITY — CITY HALL ..................... ............................... 2150 Universal City Blvd. WINDCREST TAKAS PARK CIVIC CENTER ................ ...........................9310 Jim Seal Dr. WONDERLAND MALL OF THE AMERICAS @ CROSSROADS ............4522 Fredericksburg * ** Early Voting Will not be conducted on Saturday or Sunday or after 6:00 pm on weekdays. subject to change (sujeto a cambio) For more information contact the office of the Bexar County Elections Administrator, Jacquelyn F. Callanen, at (210) 335 -VOTE (8683) (Para mas information comuniquese con oficina del Condado de Bexar Administrador de Elecciones, Jacquelyn F. Callanen, al telefono (210) 335 -VOTE (8683)) Applications for Ballot by Mail shall be mailed to: (Las solicitudes para boletas que se votaran adelantada por correo deberan enviarse a:) Jacquelyn F. Callanen, Elections Administrator, 1103 S. Frio, Suite 100, San Antonio Texas 78207 -6328. Applications for Ballots by Mail must be received no later than the close of business on Oct. 23, 2015. (Las solicitudes Para boletas que se votaran adelantada por correo deberan recibirse Para el fin de las horas de negocio el 23 de Oct., 2015.) Page 6 of 11 See Exhibit "A" for complete listing B. Joint Election Costs: Payment A. Costs. Each Entity remains responsible for all costs associated with their respective elections only. All funds expended by each Entity will be from current revenues. B. Cancellation. In the event any of the parties to this Agreement cancel their election because of unopposed candidates under Subchapter C of Title I of the Texas Election Code, the remaining parties shall be responsible for their respective elections, including all associated costs. The canceling party(ies) shall be responsible for its respective share of election expenses incurred through the date that the election is canceled as allocated to that Entity. In the event that a party cancels its election, the other parties shall continue to have access to the polling locations at no charge. If an election is to be canceled by one of the parties, notice will be given to all parties within two (2) days of cancellation. C. General Provisions A. Communications. Throughout the term of this Agreement, the Participating Entities will engage in ongoing communications concerning the conduct of the Joint Election and discuss and resolve any problems which might arise regarding the Joint Election. B. Effective Date. This Agreement takes effect upon the complete execution of this Agreement by all Participating Entities. C. All obligations of the Elections Administrators contained in this contract with respect to polling locations shall be limited to the provision of polling locations located within the geographical boundaries of Bexar County, Texas and Guadalupe County, Texas. If the geographical boundaries of the Political Subdivision extend into a county other than Bexar and Guadalupe County, Texas, the Political Subdivision will have to arrange for conducting its election in that other county with the appropriate authority in that other county or have either Bexar or Guadalupe County handle the Comal County portion of the election. D. Custodian of Records. Page 7 of 11 Voted ballots and all records of the Election will be given to the Political Subdivision to be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Elections Code. However, if the Political Subdivision enters into a Joint Election Agreement with another political subdivision, the Elections Administrators are hereby appointed general custodian of the voted ballots and all records of the Election as authorized by Section 271.010 of the Texas Election. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. D. Miscellaneous Provisions A. Venue and Choice of Law. The Entities agree that venue for any dispute arising under this Agreement will lie in the appropriate courts of Guadalupe County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America. B. Entire Agreement. This Agreement contains the entire agreement of the parties relating to the rights herein granted and the obligations herein assumed and supersedes all prior agreements, including prior election services contracts relating to each Entity's November 5, 2013 election. Any prior agreements, promises, negotiations, or representations not expressly contained in this Agreement are of no force and effect. Any oral representations or modifications concerning this Agreement shall be of no force or effect, excepting a subsequent modification in writing as provided herein. C. Severability. If any provision of this Agreement is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the remaining provisions of this Agreement; and, parties to this Agreement shall perform their obligations Page 8 of I I under this Agreement in accordance with the intent of the parties to this Agreement as expressed in the terms and provisions of this Agreement. D. Breach. In the event that any Participating Entity breaches any of its obligations under this Agreement, the non - breaching party shall be entitled to pursue any and all rights and remedies allowed by law. Nothing in this Agreement shall be construed as a waiver of any immunity or defense to which any Participating Entity is entitled under statutory or common law. E. Other Instruments. The Entities agree that they will execute other and further instruments or any documents as may become necessary or convenient to effectuate and carry out the purposes of this Agreement. F. Mediation. When mediation is acceptable to both parties in resolving a dispute arising under this Agreement, the parties agree to use a mutually agreed upon mediator, or a person appointed by a court of competent jurisdiction, for mediation as described in Section 1.54.023 of the Texas Civil Practice and Remedies Code. Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in Section 154.023 of the Texas Civil Practice and Remedies Code, unless both parties agree, in writing, to waive the confidentiality. Notwithstanding the foregoing, the parties intend to fully comply with the Texas Open Meetings Act and the Texas Public Information Act, whenever applicable. The term "confidential" as used in this Agreement has the same meanings as defined and construed under the Texas Public Information Act and the Texas Open Meetings Act. G. Amendment /Modification. Except as otherwise provided, this Agreement may not be amended, modified, or changed in any respect whatsoever, except by a further Agreement in writing, duly executed by the parties hereto. No official, representative, agent, or employee of any Participating Entity has any authority to modify this Agreement except pursuant to such expressed authorization as may be granted by the governing body of the respective Participating Entity. H. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed originals and with the same effect as if all parties hereto had signed the same document. All of such counterparts shall be construed together and shall constitute one and the same Agreement. * * ** *REMAINDER OF PAGE INTENTIONALLY LEFT BLANK * ** Page 9 of I I The undersigned are the duly authorized representatives of the parties' governing bodies, and their signatures represent adoption and acceptance of the terms and conditions of this agreement. APPROVED, this day of 2015, by the City Council of the CITY OF SCHERTZ Michael R. Carpenter, Mayor - City of Schertz APPROVED, this day of the CITY OF CIBOLO 2015, by the City Council of Lisa Jackson, Mayor - City of Cibolo APPROVED, this day of the CIBOLO CREEK MUNICIPAL AUTHORITY. 2015, Board of Directors of APPROVED, this day of Administrator. Page 10 of 1.1. 2015, by the Bexar County Elections Clint Ellis, General Manager - Cibolo Creek Municipal Authority APPROVED, this day of 2015, Board of Directors of the GREEN VALLEY SPECIAL UTILITY DISTRICT. Pat Allen, General Manager - Green Valley Special Utility District APPROVED, this day of 1 2015, by the Board of Trustees of the SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT. Edward Finley, Board President - SCUCISD Mark Wilson, Board Secretary — SCUCISD APPROVED, this day of 2015, by the Guadalupe County Elections Administrator. Lisa Adam, Guadalupe County Elections Administrator APPROVED, this day of Administrator. Page 10 of 1.1. 2015, by the Bexar County Elections Jacque Callanen, Bexar County Elections Administrator Page 11 of 1.1. Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: July 28, 2015 Department: City Secretary /City Attorney Subject: Ordinance No. 15 -E -23 — First Reading — Calling a Bond Election to be held on November 3, 2015. BACKGROUND On April 7, 2015, City Council appointed Bond Committee consisting of the following members as the Bond Committee: Michael Dahle Frank McElroy Tim Brown Fae Simmons Maggie Titterington Richard Dziewit Ed Finley Howson Lau Barbara Hall The Committee met during April, May, and June discussing possible ballot considerations. On June 16, 2015, the Bond Committee recommended Council consider the following projects: $8,000,000 Public Safety Facility; $7,000,000 FM 1103 /FM 1518 street repairs, improvements; and $1,000,000 acquisition of Future Park & Recreation Area(s). On June 19, 2015, at their Mid - Budget Retreat, City Council directed staff to prepare two general obligation bond propositions for the November 3, 2015 ballot. Proposition 1: $7,000,000 General Obligation Bonds for streets (Primarily FM 1103 and FM 1518), bridges, and sidewalk improvements. Proposition 2: $8,000,000 General Obligation Bonds for Public Safety Facilities, including a New Fire Station. FISCAL IMPACT The cost of the General, Special Charter and :Bond election is estimated to be $39,802.50; this estimate also includes publication costs. RECOMMENDATION Approval of Ordinance No. 15 -E -23 on first reading calling a Bond election and approving joint contracts for the conduct of the election. Recommended motion: ATTACHMENT Ordinance No. 1.5 -E -23 ORDINANCE NO. 15 -E -23 AN ORDINANCE CALLING A BOND ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS; MAKING PROVISION FOR THE CONDUCT OF A JOINT ELECTION; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION * * * * * * * * * * * * * * * * * * * * ** WHEREAS, the City Council (the Council) of the CITY OF SCHERTZ, TEXAS (the City), located in the Counties of Guadalupe, Comal and Bexar, Texas, hereby finds and determines that an election should be held to determine whether the Council shall be authorized to issue general obligation bonds of the City in the amounts and for the purposes hereinafter identified (the Election); and WHEREAS, the City will contract with Bexar County and Guadalupe County (collectively, the County) by and through the respective County's Election Administrator (collectively, the Administrator) to conduct all aspects of the Election; and WHEREAS, the Election will be held jointly with other political subdivisions (such other political subdivisions, collectively, the Participants) for whole the County is also conducting their elections, as provided pursuant to the provisions of one or more joint election agreements or contracts among the City, the County, and the Participants, entered into in accordance with the provisions of Section 271.002, as amended, Texas Election Code, or other applicable law, pursuant to which the County will conduct all aspects of the Election on the City's behalf, and WHEREAS, the Council hereby finds and determines that it is in the best interests of the City to enter into one or more election agreements or contracts with the County and the Participants to conduct the Election in accordance with the laws of the State of Texas (the State) and applicable federal laws; and WHEREAS, the Council hereby finds and determines that the necessity to construct various capital improvements within the City necessitates that it is in the public interest to call and hold the Election at the earliest possible date to authorize the issuance of general obligation bonds for the purposes hereinafter identified; and WHEREAS, the Council hereby finds and determines that the actions hereinbefore described are in the best interests of the qualified voters of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1, The Election shall be held in the CITY OF SCHERTZ, TEXAS on the 3rd day of November 2015 (Election Day), which is a uniform election date under the Texas Election Code, as amended, and is not less than seventy -one (71) days nor more than ninety (90) days from the date of the adoption of this ordinance (the Ordinance), for the purpose of submitting the following propositions to the qualified voters of the City: PROPOSITION 1 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount 82342696.7 of not more than $7,000,000 for the purpose of making permanent public improvements or other public purposes, to wit: designing, acquiring, constructing, renovating, improving, and equipping City street (primarily FM 1103 and FM 1518), curb, sidewalk, and gutter improvements, demolition, repair, and rebuilding of new and existing streets, completing necessary or incidental utility relocation and drainage in connection with the foregoing and the purchase of land, easements, rights -of -way, and other real property interests necessary therefor or incidental thereto, such bonds to mature serially or otherwise (not more than forty (40) years from their date) in accordance with law; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and the cost of any credit agreements executed in connection with the bonds ?" PROPOSITION 2 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of not more than $8,000,000 for the purpose of making permanent public improvements or other public purposes, to wit: acquiring, constructing, improving, renovating, and equipping public safety facilities (to include a new fire station), acquiring lands and rights -of -way necessary thereto, and completing related landscaping, such bonds to mature serially or otherwise (not more than forty (40) years from their date) in accordance with law; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and the cost of any credit agreements executed in connection with the bonds ?" SECTION 2. The City election precincts hereby established for the purpose of holding the Election and the polling places hereby designated for holding the Election in the City election precincts are identified in Exhibit A to this Ordinance, and this Exhibit A is hereby incorporated by reference into this Ordinance for all purposes. At least 72 days prior to Election Day, the City, acting through the City Manager, or the designee thereof, in coordination with the Administrator (or her designee), as necessary or desirable, will identify and formally approve the appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election officials for the Election, together with any other necessary changes to election practices and procedures and can correct, modify, or change the Exhibits to this Ordinance based upon the final locations and times agreed upon by the Administrator, the City, and the Participants to the extent permitted by applicable law. The Presiding Judge shall appoint not less than two (2) resident qualified voters of the County to act as clerks in order to properly conduct the Election. To the extent required by the Texas Election Code, as amended, or other applicable law, the appointment of these clerks must include a person fluent 82342696.7 -2- in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on Election Day. If the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. In the absence of the Presiding Judge, the Alternate Presiding Judge shall perform the duties of the Presiding Judge of the election precinct. On Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. The main early voting location is designated in Exhibit B to this Ordinance (which is hereby incorporated herein by reference for all purposes). The individual named as the Early Voting Clerk as designated in Exhibit B is hereby appointed as the Early Voting Clerk to conduct such early voting in the Election. The Early Voting Clerk shall appoint the Deputy Early Voting Clerks. This main early voting location shall remain open to permit early voting on the days and at the times as stated in Exhibit B. Early voting shall commence as provided on Exhibit B and continue through the date set forth on Exhibit B, all as provided by the provisions of the Texas Election Code, as amended. Additionally, permanent and/or temporary branch offices for early voting by personal appearance may be established and maintained in accordance with the Texas Election Code. In the event such permanent and /or temporary branch locations are established, information regarding the locations, dates, and hours of operation for early voting at these offices shall be determined by the Administrator, Exhibit B hereto shall be supplemented to include the pertinent information, and notice thereof shall be provided in accordance with Section 7 of this Ordinance. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. The individual designated in Exhibit B as the Presiding Judge of the Early Voting Ballot Board is hereby appointed the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two (2) resident qualified voters of the County to serve as members of the Early Voting Ballot Board. SECTION 3. Electronic voting machines may be used in holding and conducting the Election on Election Day; provided, however, in the event the use of such electronic voting machines is not practicable, the Election may be conducted on Election Day by the use of paper ballots (except as otherwise provided in this section). Electronic voting machines or paper ballots may be used for early voting by personal appearance (except as otherwise provided in this section). Pursuant to Section 61.012, as amended, Texas Election Code, the City shall provide at least one accessible voting system in each polling place used in the Election. Such voting system shall comply with State and federal laws establishing the requirement for voting systems that permit voters with physical disabilities to cast a secret ballot. Paper ballots, touch screen voting machines, and /or such other legally - permissible voting methods may be used for early voting and Election day voting by personal appearance. Certain early voting may be conducted by mail. SECTION 4. The City shall also utilize a Central Counting Station (the Station) as provided by Section 127.001, et seq., as amended, Texas Election Code, as amended. The Administrator, or the designee thereof, is hereby appointed as the Manager and Presiding Judge of the Station and may appoint Station clerks and establish a written plan for the orderly operation of the Station in accordance with the provisions of the Texas Election Code, as amended. The Council hereby appoints the Administrator, or the designee thereof, as the Tabulation Supervisor and the Administrator, or the designee thereof, as the Programmer for the Station. Lastly, the Administrator will publish notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks for the Station in accordance with the provisions of the Texas Election Code, as amended. 82342696.7 -3- SECTION 5. The official ballot shall be prepared in accordance with the Texas Election Code, as amended, so as to permit voters to vote "FOR" or "AGAINST" the aforesaid propositions which shall appear on the ballot substantially as follows: PROPOSITION 1 "THE ISSUANCE OF NOT TO EXCEED $7,000,000 OF CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR STREETS (PRIMARILY FM 1103 AND FM 1518), BRIDGES, AND SIDEWALK IMPROVEMENTS, AND THE LEVYING OF A TAX IN PAYMENT THEREOF" PROPOSITION 2 "THE ISSUANCE OF NOT TO EXCEED $8,000,000 OF CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR PUBLIC SAFETY FACILITIES, INCLUDING A NEW FIRE STATION, AND THE LEVYING OF A TAX IN PAYMENT THEREOF" SECTION 6. All resident qualified voters of the City shall be permitted to vote at the Election, and on Election Day, such voters shall vote at the designated polling places. The Election shall be held and conducted in accordance with the provisions of the Texas Election Code, as amended, Chapters 1251 and 1.331, as amended, Texas Government Code, and as may be required by any other law. All materials and proceedings relating to the Election shall be printed in both English and Spanish. SECTION 7. A substantial copy of this Ordinance shall serve as a proper notice of the Election. This notice, including a Spanish translation thereof, shall be posted (i) at three (3) public places within the City and at the City Hall not less than twenty -one (21) days prior to Election Day, (ii) in a prominent location at each polling place on Election Day and during early voting, and shall be published on the same day in each of two (2) successive weeks in a newspaper of general circulation in the City, the first of these publications to appear in such newspaper not more than thirty (30) days, and not less than fourteen (14) full days prior to Election Day. In addition, during the twenty -one (21) days prior to Election Day, the City shall, in a prominent manner, maintain such notice on its Internet website. SECTION 8. As required by and in accordance with Section 3.009(b)(5) and (7) through (9) of the Texas Election Code, added by the 83rd Texas Legislature, the City, as of its fiscal year beginning October 1, 2014, had outstanding an aggregate principal amount of debt equal to $73,015,000; the aggregate amount of the interest owed on such City debt obligations, through respective maturity, totaled $23,253,729; and the City levied an ad valorem debt service tax rate for its outstanding debt obligations of $0.1810 per $100 of taxable assessed valuation. The City estimates an ad valorem debt service tax rate of $0.1810 per $100 of taxable assessed valuation if the bonds that are subject of the Election are approved and are issued (taking into account the outstanding City bonds and bonds that are the subject of this Election, but not future bond authorizations of the City). This is only an estimate provided for Texas statutory compliance and does not serve as a cap on any City ad valorem debt service tax rate. SECTION 9. The Council authorizes the City Manager, or his designee, to negotiate and enter into one or more joint election agreements or contracts with the County, through its Administrator, and the Participants in accordance with the provisions of the Texas Election Code, as amended, and as necessary or desired, to make such technical modifications to this Ordinance that are necessary for compliance with applicable State or federal law or to carry out the intent of the Council, as evidenced herein. 82342696.7 -4- To the extent that any duty or obligation of the City, in general, or any City official, in particular, is properly delegated to the County pursuant to a joint election agreement, then the County's carrying out those duties and obligations on the City's behalf pursuant to the terms of such joint election agreement shall be binding upon the City and are hereby determined by the Council to be evidence of the City's compliance with the provisions of applicable Texas law concerning the Election relative to the same. SECTION 10. 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 11. All ordinances and resolutions, 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 ordained herein. SECTION 12. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 13. 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 this Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 14. It is officially found, determined, and declared that the meeting at which this Ordinance was 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 15. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption. 82342696.7 -5- FIRST READING on the 28th day of July, 2015. SECOND READING, PASSED, AND ADOPTED on the 4th day of August, 2015. CITY OF SCHERTZ, TEXAS Mayor r:31 City Secretary (SEAL) 82342696.7 -6- EXHIBIT A ELECTION PRECINCTS AND ELECTION DAY POLLING LOCATIONS FOR COMAL AND GUADALUPE COUNTIES Election Day: Tuesday, November 3, 2015 Election Day Polling Locations open from 7:00 a.m. to 7:00 p.m. COMAL COUNTY: 202 John Paul II Catholic High School, 6720 FM 482, New Braunfels, Texas 301 Westside Community Center, 2932 So. IH 35, New Braunfels, Texas GUADALUPE COUNTY: 303 Schertz Elections Office, 1101 Elbel Rd., Schertz, Texas 304 Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz, Texas 305 Selma City Hall, 9375 Corporate Dr., Selma, Texas 306 Crosspoint Fellowship Church, 2600 Roy Richard Drive, Schertz, Texas 401 Immaculate Conception Catholic Church, 212 N. Barnett St., Marion, Texas 402 Schertz Community Center, 1400 Schertz Parkway, Schertz, Texas 403 Knights of Columbus Hall, 509 Schertz Pkwy., Schertz, Texas 404 Schertz Community Center North, 3501 Morning Dr., Cibolo, Texas 409 Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkwy., Cibolo, Texas [The remainder of this page intentionally left blank.] 82342696.7 A -1 EXHIBIT B MAIN AND PERMANENT BRANCH POLLING PLACES DATES AND TIMES IN COMAL AND GUADALUPE COUNTIES Early voting begins Monday, October 19, 2015 and ends on Friday, October 30, 2015 Early Voting Clerk: Lisa Adam Early Voting Clerk's address: P.O. Box 1346 Seguin, Texas 78156 -1346 Presiding Judge of the Early Voting Ballot Board: Lisa Adam Location, Dates & Hours of Main Early Voting Polling Place in Comal and Guadalupe Counties Seguin Elections Office 21.5 So. Milan Street Seguin, Texas Dates Times Monday, October 19, 2015 . through Friday, October 23, 2015 8:00 a.m. to 5:00 p.m. Saturday, October 24, 2015 7:00 a.m. to 7:00 p.m. Sunday, October 25, 2015 1:00 p.m. to 6:00 p.m. Monday, October 26, 2015 through Friday, October 30, 2015 7:00 a.m. to 7:00 p.m. Any voter who is entitled to vote an early ballot by personal appearance may do so at the Main Early Voting Site. Locations, Dates & Hours of Permanent Branch Early Voting Polling Places in Comal and Guadalupe Counties Grace Memorial Church 3240 FM725, New Braunfels, Texas Central Texas Technology Center Room 118 Conference Room, 2189 FM 758, New Braunfels, Texas Schertz Elections Office Annex 1101 Elbe] Rd. Schertz, Texas New Berlin City Hall 9180 FM 775, New Berlin, Texas Dates Times Monday, October 19, 2015 through Friday, October 23, 2015 8:00 a.m. to 5:00 p.m. Saturday, October 24, 2015 7:00 a.m. to 7:00 p.m. Sunday, October 25, 2015 1:00 p.m. to 6:00 p.m. Monday, October 26, 2015 through Friday, October 30, 2015 7:00 a.m. to 7:00 p.m. [The remainder of this page intentionally left blank.] 82342696.7 B -1 MAIN AND PERMANENT BRANCH POLLING PLACES DATES AND TIMES IN BEXAR COUNTY Early voting begins Monday, October 19, 2015 and ends on Friday, October 30, 2015 Early Voting Clerk: Jacquelyn F. Callanen Early Voting Clerk's address: 1103 S. Frio, Suite 100 San Antonio, Texas 78207 -6328 Presiding Judge of the Early Voting Ballot Board: Jacquelyn F. Callanen Location, Dates & Hours of Main Early Voting Polling Place in Bexar County Bexar County Elections Department 1103 S. Frio, Suite 100 San Antonio, Texas Dates Times Monday, October 19, 2015 through Friday, October 23, 2015 . 8:00 a.m. to 6:00 p.m. Saturday, October 24, 2015 10:00 a.m. to 6:00 p.m. Sunday, October 25, 2015 12:00 noon to 6:00 p.m. Monday, October 26, 2015 through Wednesday, October 28, 2015 8:00 a.m. to 6:00 p.m. Thursday, October 29, 2015 through Friday, October 30, 2015 8:00 a.m. to 8:00 p.m. Any voter who is entitled to vote an early ballot by personal appearance may do so at the Main Early Voting Site. [The remainder of this page intentionally left blank.] 82342696.7 B -2 Locations, Dates & Hours of Permanent Branch Early Voting Polling Places in Bexar County Bexar County Justice Center * ** 300 Dolorosa Blossom Athletic Center 12002 Jones Maltsberger Brookhollow Library 530 Heimer Road Castle Hills City Hall (southeast corner of Council Chambers) 209 Lemonwood Dr. Claude Black Center 2805 East Commerce Cody Library 11441 Vance Jackson Converse City Hall 405 S. Seguin Rd Copernicus Community Center 5003 Lord Rd. East Central Independent School District Admin Building 6634 New Sulphur Springs Road Encino Branch Library 2512 East Evans Rd Fair Oaks Ranch City Hall (Council Chambers) 7286 Dietz Elkhorn Great Northwest Library 9050 Wellwood Helotes City Hall 12951 Bandera Rd. Henry A. Guerra, Jr. Library 7978 W Military Drive John Igo Library 13330 Kyle Seale Parkway Johnston Library 6307 Sun Valley Drive Julia Yates Semmes Library @ Comanche Lookout Park 15060 Judson Road Las Palmas Library 515 Castroville Road Leon Valley Library 6421 Evers Rd Lion's Field 2809 Broadway Maury Maverick, Jr. Library 8700 Mystic Park McCreless Library 1023 Ada Street Memorial Library 3222 Culebra Mission Library 3134 Roosevelt Ave. Northside Activity Center 7001 Culebra Olmos City Hall 120 El Prado W Parman Library @ Stone Oak 20735 Wilderness Oak Precinct 1 Satellite Office 3505 Pleasanton Rd. Shavano Park City Hall (Council Chambers) 900 Saddletree Ct Somerset High School 7650 South 1604 West, Somerset South Park Mall 2310 S.W. Military Tobin Library @ Oakwell 4134 Harry Wurzbach Universal City — City Hall 2150 Universal City Blvd. Windcrest Takas Park Civic Center 9310 Jim Seal Dr. Wonderland Mall. Of The Americas @ Crossroads 4522 Fredericksburg Dates Times Monday, October 19, 2015 . through Friday, October 23, 2015 8:00 a.m. to 6:00 p.m. Saturday, October 24, 2015 10:00 a.m. to 6:00 p.m. Sunday, October 25, 2015 12:00 noon to 6:00 p.m. Monday, October 26, 2015 through Wednesday, October 28, 2015 8:00 a.m. to 6:00 p.m. Thursday, October 29, 2015 through Friday, October 30, 2015 . 8:00 a.m. to 8:00 p.m. * * * Early voting will not be conducted on Saturday or Sunday or after 6:00 pm on weekdays at the Bexar County Courthouse. [The remainder of this page intentionally left blank.] 82342696.7 B -3 EARLY VOTING BY MAIL: Applications for voting by mail should be mailed to be received no earlier than Friday, September 4, 2015 and no later than the close of business (4:30 p.m.) on Friday, October 23, 2015. Applications should be mailed to: Comal and Guadalupe Counties Lisa Adam Elections Administrator P.O. Box 1346 Seguin, Texas 78156 -1346 Bexar County Jacquelyn F. Callanen, Election Administrator 1103 S. Frio, Suite 100 San Antonio, Texas 78207 -6328 82342696.7 B -4 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: July 28, 2015 Department: Finance /Purchasing Subject: Resolution 15 -R -62 - A Resolution by the Schertz City Council authorizing the City Manager to execute a License Agreement with Stars Cheer & Tumbling Academy. BACKGROUND Stars Cheer & Tumbling Academy, originally founded in 2003, is located on Borfeld Road next to the old Animal Services building. Due to a growing customer base, they have almost reached capacity for their facilities (building and parking lot). For this reason, they have requested use of the parking lot at the old Animal Services building to accommodate customer over -flow parking. City management has met with the owner of Stars to discuss their needs, and subsequently, City staff has drafted a License Agreement, which would grant access and use of 23 City -owned parking spaces in front of the old Animal Services building. The term of the agreement is five years, and will begin upon execution by the City. The City will charge an annual license fee of $1,200, payable at the beginning of each lease year, for a 5 -year total of $6,000. The lease amount was difficult to determine since there is no demand for paid parking in this area. However, staff believes that the proposed license fee is reasonable, considering that the City does not currently have use for the parking facilities and this agreement will help promote sustainable growth of local businesses. City employees will maintain access to the building and parking lot, as needed in the course of official City business. The agreement contains provisions to ensure Stars and its patrons shall not block access to any building, gate, or other structure on the Property that would interfere with the ability of a City employee to perform City work. Other notable provisions: 1. Stars will be responsible for cleaning debris from parking area. 2. Licensed parking spaces cannot be used to acquire building permits for expansion or change of use. 3. To address a risk & safety issue, Stars will pay for the installation of a security light to be placed on the old Animal Services building, which will provide for better lighting of the parking lot. 4. Either the City or Star Athletes, with or without cause, can terminate this Agreement by providing sixty (60) days prior written notice to the other party. Use of the parking lot will not begin until the Public Works Department has discontinued the use of the parking lot as a staging area for the Dietz Creek Drainage Channel project. COMMUNITY BENEFIT It is the City's desire to partner with Stars Cheer & Tumbling Academy to foster growth, community development and opportunity in Schertz. FISCAL IMPACT The City will collect an annual license fee of $1,200, or $6,000 over the course of the Agreement. RECOMMENDATION Staff recommends that Council approve Resolution No. 1.5 -R- 62, authorizing the City Manager to execute a License Agreement with Stars Cheer & Tumbling Academy. ATTACHMENT(S) Resolution No. 15 -R -62 Exhibit A: License Agreement with Stars Cheer & Tumbling Academy RESOLUTION NO. 15 -R -62 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A LICENCE AGREEMENT WITH STARS CHEER & TUMBLING ACADEMY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City is the owner of the building and real property located at 1298 Borgfeld Road, Schertz, Texas 78154; WHEREAS, Stars Cheer & Tumbling Academy desires to use the property for the purpose of parking vehicles in certain designated parking spaces at certain times for individuals attending activities at Stars Cheer and Tumbling Academy located at 1230 Borgfeld Road, Schertz, Texas 78154; WHEREAS, the City desires to grant a license to Stars to use the property for the above activity, and City staff has recommended that the City enter into a License Agreement with Stars Cheer & Tumbling Academy; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Stars Cheer & Tumbling Academy pursuant to the License Agreement attached hereto as Exhibit A. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Stars Cheer & Tumbling Academy in substantially the forms 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 28th day of July, 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 EXHIBIT A COMMERICAL LEASE AGREEMENT 50234811.1 A -1 EXHIBIT B 50234811.1 A -2 LICENSE AGREEMENT This LICENSE AGREEMENT is entered into as of September 1, 2015 (the "Agreement "), between the CITY OF SCHERTz, TEXAS, a home -rule municipality (the "City "), and STAR ATHLETES, LLC, a Texas limited liability company doing business as Stars Cheer and Tumbling Academy ( "Star Athletes "). RECITALS WHEREAS, the City is the owner of the building and real property located at 1298 Borgfeld Road, Schertz, Texas 781.54 (the "Property "); WHEREAS, Star Athletes desires to use the Property for the purpose of parking vehicles in certain designated parking spaces at certain times for individuals attending activities at Stars Cheer and Tumbling Academy located at 1.230 Borgfeld Road, Schertz, Texas 781.54 (the "Licensed Activity "); WHEREAS, the City desires to grant a license to Star Athletes to use the Property for the Licensed Activity; and NOW THEREFORE, in consideration of the terms, conditions, and mutual covenants contained herein and other good and valuable consideration received by each party, the sufficiency of which are hereby acknowledged, the City and Star Athletes hereby agree as follows: AGREEMENT ARTICLE I —USE OF PROPERTY Section 1.01. The City hereby grants to Star Athletes for the payment of one thousand two hundred dollars ($1,200.00) (the "License Payment ") annually a license for Star Athletes to enter and use the Property for the Licensed Activity subject to the restrictions in this Agreement. The License Payment shall be paid on or before September 1st of each year of the term. Section 1.02. Subject to Section 1.04, the City grants permission to Star Athletes to enter and use the Property for the Licensed Activity pursuant to this Agreement on any day between 7:00 a.m. and 9:00 p.m. Section 1.03. The City and Star Athletes agree that the Licensed Activity shall be limited to parking vehicles in the twenty -three (23) parking spaces in front of the entrance to the building on the Property as shown on Exhibit A (the "Parking Spaces "). Section 1.04. Star Athletes agrees that City employees shall be entitled to park in the Parking Spaces for City business purposes. Section 1.05. In addition to the access provided for in Section 1.04, the City's employees, while performing City work, shall have access to and permission to use the Property at all times. Star Athletes and its patrons shall not block access to any building, gate, or other structure on the Property that would interfere with the ability of a City employee to perform City work. Vehicles blocking the entrance /exit gate will be towed at the expense of the vehicle owner /driver or Star Athletes. Section 1.06. The City shall not be obligated under this Agreement to make any improvements to the :Parking Spaces. Star Athletes shall only make improvements to the Parking Spaces with prior written approval of the City. Section 1.07. Star Athletes shall be responsible for keeping the Parking Spaces free from trash and debris during the term of this Agreement. The currently existing solid waste receptacles shall remain on the Property. Section 1.08. The City shall install on the Property additional light fixtures in a number to be determined in its sole discretion. Star Athletes shall, within fifteen (15) days of being provided proof of the actual cost for installation of the additional light fixtures, reimburse the City for the installation of the additional light fixtures. Section 1.09. The Parking Spaces under this Agreement may not utilized by Star Athletes, or another individual or entity, to satisfy parking requirements in the acquisition of a building permit, expansion or change of use. ARTICLE 11 -TERM OF AGREEMENT AND TERMINATION Section 2.01. The term of this Agreement is five (5) years, beginning on the date of this Agreement, and expiring five years after the date of this Agreement. Section 2.02. Either the City or Star Athletes, with or without cause, can terminate this Agreement by providing sixty (60) days prior written notice to the other party. Section 2.03. If Star Athletes ceases to do business or if any interest in STAR ATHLETES, LLC, a Texas limited liability company doing business as Stars Cheer and Tumbling Academy, is sold, transferred or conveyed during the term of this Agreement, this Agreement shall automatically terminate without the necessity of providing written notice of termination. Section 2.04. If either the City or Star Athletes terminates this Agreement under this Article, Star Athletes shall restore the Property, at Star Athletes's expense, as close as reasonably possible to the state it was in prior to this Agreement subject to normal wear and tear; however, the changes necessary to restore the Property must be directly related to the use of the Property for the Licensed Activity. Star Athletes shall complete all restoration of the Property required under this Section no later than six (6) months after the date this Agreement terminates. N ARTICLE III- INSURANCE Section 3.01. The Licensee hereby acknowledges and agrees to provide proof of insurance in the amount required in this Article before the start of the Licensed Activity under this Agreement and on July 1sT of each year of this Agreement. Failure to maintain the required insurance under this Agreement shall be cause for termination. The Licensee agrees to obtain and maintain the following types of insurance during the term of this Agreement and thereafter as required herein: Type: 1. Broad form Commercial General Liability Insurance to include coverage for the following: A. Premises operations B. Independent Contractors C. Personal injury 0 mnrnnfc $1,000,000 per occurrence $2,000,000 General Aggregate, or its equivalent in Umbrella or Excess Liability Coverage Section 3.02. Licensee shall name the Licensor as an additional insured and certificate holder for the general liability and automobile policies. Proof of said insurance to be attached hereto as Exhibit B. ARTICLE IV- INDEMNIFICATION Section 4.01. STAR ATHLETES COVENANTS AND AGREES TO FULLY RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS AND REPRESENTATIVES, INDIVIDUALLY AND COLLECTIVELY, FROM AND AGAINST ALL COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO, PERSONAL OR BODILY INJURY, DEATH AND PROPERTY DAMAGE, MADE UPON THE CITY, DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO STAR ATHLETES'S ACTIVITIES UNDER THIS AGREEMENT, INCLUDING ANY ACTS OR OMISSIONS OF STAR ATHLETES, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, CONSULTANT OR SUBCONTRACTOR, AND THEIR RESPECTIVE OFFICERS, AGENTS EMPLOYEES, DIRECTORS AND REPRESENTATIVES WHILE IN THE EXERCISE OF THE RIGHTS OR PERFORMANCE OF THE LICENSED ACTIVITIES ALLOWED UNDER THIS AGREEMENT. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF THE CITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS OR REPRESENTATIVES IN INSTANCES WHERE SUCH NEGLIGENCE CAUSES PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. THE PROVISIONS OF THIS INDEMNIFICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED 3 TO CREATE OR GRANT AND RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. STAR ATHLETES SHALL ADVISE THE CITY IN WRITING WITHIN TWENTY -FOUR (24) HOURS OF ANY CLAIM OR DEMAND AGAINST THE CITY AND /OR STAR ATHLETES KNOWN TO STAR ATHLETES RELATED TO OR ARISING OUT OF STAR ATHLETES'S ACTIVITIES UNDER THIS AGREEMENT. ARTICLE V- SEVERABILITY Section 5.01. The parties agree that if any clause or provision of this Agreement is determined to be illegal, invalid or unenforceable under any present or future federal, state, or local law, including, but not limited to, the City Charter, City Code, or City ordinances of the City, effective during the term of this Agreement, then and in that event it is the intention of the parties hereto that the remainder of this Agreement shall not be affected, and it is also the intention of the parties to this Agreement that in lieu of each clause or provision of this Agreement that is illegal, invalid or unenforceable, there be added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. ARTICLE VI- NOTICES Section 6.01. Notices to the City required under this Agreement shall be deemed sufficient if in writing and hand delivered or sent via registered or certified mail, postage prepaid, addressed to: With copy to: City of Schertz, Texas Attn: City Manager 1400 Schertz Parkway Schertz, Texas 78154 Charles Zech Denton Navarro Rocha Bernal Hyde & Zech, P.C. 2517 N. Main Avenue San Antonio, Texas 78212 or to such other address as may have been designated in writing by City from time to time. Notices to the Property Owner shall be deemed sufficient if in writing and hand delivered or sent via registered or certified mail, postage prepaid, addressed to the Property Owner at: Star Athletes, LLC dba Stars Cheer and Tumbling Academy 1230 Borgfeld Road Schertz, Texas 781.54 E ARTICLE VII- GOVERNING LAW Section 7.01. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Guadalupe County, Texas. ARTICLE VIII - GENDER AND CAPTIONS Section 8.01. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. Section 8.02. The captions contained in this Agreement are for convenience of reference only and in no way limit or enlarge the terms and conditions of this Agreement. ARTICLE IX- ENTIRE AGREEMENT Section 9.01. This Agreement constitutes the entire Agreement between the parties, any other written or parole agreement with the City being expressly waived by Star Athletes. This Agreement shall not take effect until the authorizing ordinance or resolution, which shall agree to all the terms herein, has been duly authorized, voted upon, and agreed to by the City pursuant to all legal formalities required by state and local laws. Section 9.02. No amendment, modification or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties. Section 9.03. Any amendment, modification or alteration of the terms of this Agreement shall not be binding on the City unless approved by City Council as evidenced by ordinance or resolution. ARTICLE X -TITLE AND QUIET ENJOYMENT Section 10.01. The City represents and warrants to Star Athletes as of the execution date of this Agreement that the City has good and sufficient title and interest to the Property. Section 10.02. The City agrees that Star Athletes, on paying the rental and performing all of its covenants herein, shall peaceably and quietly have, hold, and enjoy the Property, except for the uses by the City allowed herein. ARTICLE XI- ASSIGNMENT Section 11.01. This Agreement is non - assignable unless agreed to in writing by the City and Star Athletes. 5 ARTICLE XII- RELATIONSHIP OF PARTIES; AUTHORITY Section 12.01. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third part, as creating the relationship of principal and agent, partners, joint ventures, or any other similar relationship between the parties to this Agreement. It is understood and agreed that no provision contained in this Agreement nor any acts of the parties create a relationship other than the relationship of City and Star Athletes. Section 12.02. The City and Star Athletes each hereby represents and warrants that the person signing this Agreement on its behalf has full authority to do so. [SIGNATURES ON FOLLOWING PAGE] no IN WITNESS WHEREOF, the parties have executed this License Agreement as of the day and year first above written. CITY OF SCHERTZ, TEXAS =1 John Kessel, City Manager STAR ATHLETES,, a Texas limited liability company By. ariny Rios, Owner S -I imall Property Map A -1 EXHIBIT B Proof of Insurance ACORN® AC� CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 6/26/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Cathy Rauschuber NAME: Y VONNo Ext: (210) 822 -1571 (A C No: (210)822 -6027 The Bank of San Antonio Insurance Group, Inc. ADDRESS: Cathy .rauschuber @bosainsurance.com 8000 IH 10 West, Suite 1145 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Cincinnati Insurance Company San Antonio TX 78230 INSURED INSURER B: CLAIMS -MADE 1X OCCUR INSURER C: Central Texas Cheer, LLC INSURER D: 1230 Borgfield Rd. INSURER E: $ 100 , 000 INSURER F: $ 5,000 Schertz TX 78154 COVERAGES CERTIFICATE NUMBER :14 -15 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM /DD /YYYY POLICY EXP MM /DD /YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A CLAIMS -MADE 1X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100 , 000 MED EXP (Any one person) $ 5,000 EPP0224830 12/27/2014 12/27/2015 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4 , 000 , 000 POLICY PRO JECT [::] LOC X PRODUCTS - COMP /OPAGG $ 4,000,000 Hired & Non Owned $ 2 , 000 , 000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? N /A E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION ACORD 25 (2014/01) INS025tgmam� ©1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Schertz THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1400 Schertz Pkwy. ACCORDANCE WITH THE POLICY PROVISIONS. Schertz, TX 78154 AUTHORIZED REPRESENTATIVE Rick Paludi /PHP ACORD 25 (2014/01) INS025tgmam� ©1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: July 28, 2015 . Department: Information Technologies Department Subject: Resolution 15 -R -63 - Consideration and /or action approving a resolution authorizing a contract with Hood Communications for Phase I Fiber installation for the City Wide Wireless Network. (B. James /M. Clauser) BACKGROUND On June 29, 2012 the City Council approved Resolution 12 -R -57 approving the proposed Master Communications Plan. This plan offers a roadmap for creating a City -Wide network infrastructure using both fiber optic and wireless networking technologies. The Master Communications Plan was devised to support field personnel, upgrade communications channels to City facilities, improve Public Safety operations, and provide network communications and infrastructure for a planned public access channel designed to improve communications and encourage citizen engagement. On January 13, 2015, Council approved Ordinance 15 -T -03 to utilize $20,000 from the PEG (Public, Educational, and Government) fund and $20,000 from the Water Department fund in order to implement Phase One. Staff prepared and posted the RFP for Phase One. This phase will provide fiber optic connectivity from City Hall to the City -owned facility located at the Live Oak water tower, and must be completed before implementing subsequent phases. Staff reviewed and scored bids and seek Council's approval to move forward with Hood Communications. Hood Communication is experienced and is currently hanging Fiber on FM3009 for AT &T. Goal: To authorize approval to proceed with Phase I of the Master Communication Plan for Fiber installation with Hood Communications. Community Benefit: The Master Communications Plan as approved in 2012 provides many substantive benefits to the citizens of Schertz. Phase One provides the following benefits: 1) Provides the first layer of technology backbone needed to store, manage and retrieve mission critical City information assets in a secure, off - premise location. 2) Creates a secure 2 -way high -speed connection between the primary data collection point at the Live Oak water tower and the main City campus. From there critical information will be distributed to and from Public Works, PD, IT, Public Affairs and other departments as required. Recent studies have shown that the more an organization employs the use of remote and mobile technologies in managing assets and resources, the more efficient and productive that organization becomes as it deals with ever- changing circumstances. Providing field staff, for example with access to City resources where and when needed reduces travel time, fuel costs, vehicle maintenance expenses, etc. In addition, the capability to remotely manage and secure remote locations reduces staff management requirements saving direct employee costs without sacrificing the quality of services provided by the City. It was determined that the communication requirements for taking advantage of these emerging technologies hinges on the cost, quality and reliability of the communications network. A resilient, secure city -wide communications network capable of providing the connectivity necessary to support the City's long -term strategic communications plans has been identified as one of the most important investments in the future that the City can make. The Master Communications Plan is designed to meet current needs as well as address acknowledged challenges while providing a stable, scalable communications network for the future. Summary of Recommended Action: Approval of Resolution 15 -R -63 granting Hood Communications a contract for the fiber installation for Phase One of the City of Schertz Master Communications Plan. FISCAL IMPACT $22,950.00 to be paid to Hood Communications for the Fiber installation. Council approved ordinance 15 -T -03. STAFF RECOMMENDATION Staff recommends City Council approve Resolution 15 -R -63. ATTACHMENT(S) Resolution 15 -R -63 Resolution 12 -R -57 Ordinance 15 -T -03 Contract RESOLUTION NO. 15 -R -63 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH HOOD COMMUNICATIONS, INC. FOR PHASE ONE OF THE CITY WIRELESS NETWORK PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, The City staff of the City of Schertz (the "City ") has recommended that the City accept the bid proposal from Hood Communications, Inc. for fiber installation in support of Phase One of the City Wireless Network Project; and WHEREAS, City staff has received qualifications indicating that Hood Communications, Inc. is qualified to provide such services for the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Hood Communications, Inc. pursuant to the recommendation made by IT Staff, 1.3911IIli »fO ]NIVAa07.31l 111:1KeI11► 06I11►[411Wi]00:Iwe11 me] MIT 1 la 1a71M119AI_ THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the contract with Hood Communications, Inc. for fiber installation in support of Phase One of the City Wireless Network Project. 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 28th day of July, 2015 Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R Carpenter, Mayor -2- RESOLUTION NO. 12 -R -57 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING THE PROPOSED MASTER COMMUNICATIONS PLAN, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City implement and deploy a City -Wide Wireless /Wired Network and WHEREAS, the City Council has determined that it is in the best interest of the City to adopt the Master Communications Plan as proposed. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes staff to seek proposals and or bids to implement the Master Communications Plan as proposed, and to proceed with publication of a Request for Proposals (RFP) as required. 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 19th day of June, 2012. CITY M XAS May of ATTEST: C.' cretary (CITY SEAL) 50506221.1 - 2 - EXECUTIVE SUMMARY hamtMa Cwncil ments A L A M O AREA COUNCIL OF GOVERNMENTS REGIONAL MITIGATION ACTION PLAN UPDATE Section 2 Executive Summary Contents of this Section 2.1 Overview 2.2 Organization of the Plan 2.3 Hazards and Risks 2.4 Goals and Actions 2.5 Planning Process 2.6 Adoption and Approval 2.7 Implementation 2.8 Monitoring and Updating the Plan 2.1 Overview On October 30, 2000, the President signed into law the Disaster Mitigation Act of 2000, also known as DMA 2000. Among its other features, DMA 2000 established a requirement that in order to remain eligible for federal disaster assistance and grant funds, local and state governments must develop and adopt hazard mitigation plans. DMA -2000 (Public Law 106 -390) was an amendment of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 (Public Law 93 -288). On February 26, 2002, the Federal Emergency Management Agency (FEMA) published an Interim Final Rule (IFR) that set forth the guidance and regulations under which such plans are supposed to be developed. The IFR provides detailed descriptions of both the planning process that states and localities are required to observe and the contents of the plan that emerges. This Alamo Area Council of Governments Regional Hazard Mitigation Plan (the Plan) responds to those requirements. Hazard mitigation is often defined as actions taken to reduce the effects of natural hazards on a place and its population. The AACOG Region decided to develop this Plan Update because of increasing awareness that natural hazards, especially Flood and wind, have the potential to affect people, physical assets, and operations in the region. Contact information for the Plan is: Mary Seguin Ruiz Alamo Area Council of Governments 8700 Tesoro Drive, Suite 700 San Antonio, Texas 78217 (210) 362 -5296 (phone) (210) 824 -5881 (fax) mruizOaacog.com hlsftaacog.com A SAFE, SECURE, AND SUSTAINABLE FUTURE SECTION 2: PAGE 1 APA DRAFT — APRIL 23, 2012 EXECUTIVE SUMMARY A L A M O AREA COUNCIL OF GOVERNMENTS REGIONAL MITIGATION ACTION PLAN UPDATE The Alamo Area Council of Governments Regional Hazard Mitigation Plan is designed to protect people and property from the effects of natural and human- caused hazards. By taking action today, we can reduce the likelihood of injuries, loss of life and damage to our communities. That is what hazard mitigation planning is all about - taking action based on a solid understanding of our vulnerabilities to reduce the impacts of hazards that may strike sometime in the future. In addition to developing a framework for action, the Regional Mitigation Plan enables participating counties and municipalities to apply for pre and post- disaster mitigation funding that would not otherwise be available. This funding can help local jurisdictions implement desired goals and objectives outlined in the plan. Participants in the AACOG regional planning process formulated the following guiding principles, which categorize the types of mitigation strategies ultimately adopted at the local level. • Communication and Coordination • Financial Resources • Technical Assistance • Training • Planning • Education and Public Participation • Critical Facilities • Infrastructure and Utilities • Weather Warning Systems and Hazard identification Technologies • Environmental Concerns For each principle, regional -level goals were established along with more refined objectives. Each county and municipality was responsible for developing their own Mitigation Action Plan, which identified jurisdictionally- specific actions, written in the form of policies and projects. Each Mitigation Action Plan includes assigned responsibilities, potential funding sources and a timeline for implementation. Action plans link the broad ideas established in the AACOG Regional Mitigation Plan with strategic, action - oriented tasks. This publication constitutes the Hazard Mitigation Plan, including instructions for its implementation, for the Alamo Area Council of Governments, the counties, and the incorporated communities within its borders, including: Atascosa County o City of Charlotte o City of Christine o City of Jourdanton o City of Lytle o City of Pleasanton o City of Poteet Bandera County o City of Bandera Bexar County • City of Alamo Heights • City of Balcones Heights • City of Converse • City of Helotes • City of Kirby A SAFE, SECURE, AND SUSTAINABLE FUTURE SECTION 2: PAGE 2 APA DRAFT — APRIL 23, 2012 EXECUTIVE SUMMARY A L A M O AREA COUNCIL OF GOVERNMENTS REGIONAL MITIGATION ACTION PLAN UPDATE o City of Leon Valley o City of Live Oak o City of St. Hedwig o City of San Antonio o City of Somerset o City of Terrell Hills o City of Universal City o City of Von Ormy o City of Windcerst • Comal County o City of Bulverde o City of Garden Ridge o City of New Braunfels • Frio County o City of Dilley o City of Pearsall • Gillespie County o City of Fredericksburg • Guadalupe County • City of Cibolo • City of Schertz • City of Seguin • Karnes County • City of Falls City • City of Karnes City • City of Kenedy • City of Runge • Kerr County • City of Ingram • City of Kerrville • Medina County o City of Castroville o City of Devine o City of Hondo o City of Natalia • Wilson County o City of Floresville o City of La Vemia o City of Stockdale • San Antonio River Authority The above list represents a change from the participants in the 2005 Plan. The table below identifies those 2005 participants who choose not to participate in the Update, as well as new participants to the Update. A SAFE, SECURE, AND SUSTAINABLE FUTURE SECTIQN2: PAGE APA DRAFT - APRIL 23, 2012 EXECUTIVE SUMMARY ALAMO AREA COUNCIL OF GOVERNMENTS REGIONAL MITIGATION ACTION PLAN UPDATE Table 2.1 -1 The continually changing nature of hazard risks within the region requires that updates to this plan occur on a regular basis. Hazardous conditions and situations exist in all communities, and the planning area is no exception. Hazards range from natural hazards such as tornadoes and drought to technological hazards such as chemical spills and traffic congestion. Ordinary citizens generally give little thought to these potential hazards until they occur or threaten the community. The Alamo Area Council of Governments, along with the county emergency managers, have the responsibility to identify real and potential hazards and, to the extent possible, prepare plans for coping when they occur. County and municipal government response to life- threatening hazards requires continuous planning, training and education, all of which may be coordinated through the AACOG. This Hazard Mitigation Plan Update identifies hazards affecting the region, its counties and municipalities, and recommends actions to prevent or limit loss of life, injury, and property damage due to those hazards. In the early stages of the development of this Plan Update, the previous plan was reviewed and the information in it considered by the participants in the Plan Update process. The first step in this update process was the review and consideration of the hazards identified and profiled in the 2005 plan. These hazards were considered by the Plan update participants,. and'their applicability to the current plan update was considered. After discussion, 14 hazards were identified for inclusion in this Plan Update; some of these hazards were also considered in the 2005 plan, and some are new to this Plan Update. This Plan Update focuses on 14 region -wide hazards with the highest potential for damaging physical assets, people, and operations in the AACOG Region. These hazards are: A SAFE, SECURE, AND SUSTAINABLE FUTURE SECTION 2 : PAGE 4 APA DRAFT -- APRIL 23, 2012 EXECUTIVE SUMMARY ALAMO AREA COUNCIL OF GOVERNMENTS REGIONAL MITIGATION ACTION PLAN UPDATE Flooding (Flash and Riverine) Levee and Dam Failure Tornado Tropical Systems and Hurricanes Thunderstorm Drought Hail Wildfire Winter Storms Geologic Hazards: Earthquakes and Sinkholes Energy Pipeline Failure Hazardous Materiais Incident (Transportation and Fixed Site) Pandemic (Human and Animal) Terrorism Both the risk assessment and mitigation action plan sections reflect this emphasis, which was the result of careful consideration by AACOG Executive Mitigation Committee (EMC). Emergency mitigation and response actions are designed for every person in the region who might be affected by an emergency. These services will be provided regardless of race, color, national origin, religion, sex, age, or handicap. The situations addressed by this plan are those in which the actions of many different agencies must be coordinated. This major coordination effort, being oriented toward disaster situations, differs from those emergencies handled on a daily basis by local fire, law enforcement, and medical services personnel. The AACOG Region is subject to a number of natural and man -made hazards that threaten life and health and cause extensive property damage. To better understand these hazards and their impacts on people and property, and to identify ways to reduce those impacts, the AACOG has developed this Hazard Mitigation Plan. "Hazard mitigation" does not mean that all hazards are stopped or prevented. It does not suggest complete elimination of the damage or disruption caused by such incidents. Natural forces are powerful and most natural hazards are well beyond human control. Similarly, man -made hazards are often unpredictable. Mitigation is not a quick fix, but rather a long -term approach for reducing vulnerability. As defined by the Federal Emergency Management Agency (FEMA), "hazard mitigation" is any sustained action or strategy taken to reduce or eliminate long -term risk to life and property from a hazard event. Planning is one of the best ways to spot vulnerabilities and produce strategies to correct shortcomings in the region's approach to hazard response and preparation. A well- prepared plan will ensure that actions and strategies are reviewed and implemented so that problems are addressed by the most appropriate and efficient solutions. It can also ensure that activities are coordinated with each other and with other regional programs, preventing conflicts and reducing the costs of implementing individual activities. A SAFE, SECURE, AND SUSTAINABLE FUTURE SECTION 2: PAGE 5 APA DRAFT — APRIL 23, 2012 EXECUTIVE SUMMARY A L A M O AREA C O U N C I L OF GOVERNMENTS REGIONAL MITIGATION ACTION PLAN UPDATE 2.2 Organization of the Plan The AACOG Regional Hazard Mitigation Plan generally conforms to the basic plan set forth in Federal Emergency Management Agency guidelines for the Disaster Mitigation Act of 2000. The Plan is organized to parallel the structure provided in the IFR. The Plan has 9 sections. Section 1 Table of Contents Section 2 Executive Summary Section 3 Context Section 4 Adoption and Approval Section 5 Planning Process Section 6 Hazard Identification and Risk Assessment Section 7 Capability Assessment Section 8 Mitigation Action Plan Section 9 Plan Monitoring and Maintenance Appendices There are references to the IFR throughout the Plan. Where possible, these provide specific section and subsection notations to aid the review process. The Plan also includes references to the FEMA crosswalk document, which is used in reviewing mitigation plans. 2.3 Hazards and Risks 2.3.1 Hazards Section 6 of this Plan include detailed descriptions of the process that was used to assess and prioritize the region's risks from natural hazards, quantitative risk assessments for the AACOG as a whole, and more detailed assessments for certain asset classes. Fourteen hazards were initially identified and profiled by the AACOG EMC. These are: • Flooding (Flash and Riverine) • Levee and Dam Failure • Tornado • Tropical Systems and Hurricanes • Thunderstorm • Drought • Hail • Wildfire • Winter Storms • Geologic Hazards: Earthquakes and Sinkholes • Energy Pipeline Failure • Hazardous Materials (Transportation and Fixed Site) • Pandemic (Human and Animal) • Terrorism A SAFE, SECURE, AND SUSTAINABLE FUTURE SECTION 2: PAGE APA DRAFT - APRIL 23, 2012 EXECUTIVE SUMMARY ALAMO AREA COUNCIL OF GOVERNMENTS REGIONAL MITIGATION ACTION PLAN UPDATE After these initial 14 hazards were profiled, the AACOG EMC used an evaluation system with five criteria to reduce the range of hazards to those with the most potential to impact the planning area. The criteria are also discussed in detail in Section 6. The criteria included: (1) History, (2) Potential for mitigation, (3) Presence of susceptible areas, (4) Data availability, (5) Federal Disaster Declarations and local emergency declarations. Where available and applicable, data from the 2005 plan's hazard profiles and risk assessment was considered in the Plan Update process. In some instances, the existing data was used as a starting point, with updated data added as required and applicable. As a result of this evaluation, the AACOG EMC determined that 5 hazards present the greatest risk to the AACOG Region and its residents — flooding (flash and riverine), flooding (damAevee failure), tropical system/hurricane, wildfire, and earthquake /sinkhole. These hazards were further examined to determine the extent of the risk and to start to identify potential projects. For each of these hazards, the profiles in Section 6 include: • Description • Geographical Extent • Severity • Impact on Life and Property • Occurrence (probability) 2.3.2 Risks A risk calculation is a FEMA requirement. Risk is a numerical indication of potential future damages. Although a range of events from winter weather to hurricanes all have some potential to affect the AACOG Region, flooding and severe storms are clearly the most significant region -wide hazards, based on the criteria and experience. The region -wide hazards were selected for much more detailed assessments and estimations of future damages. The risk assessment found in Section 6 describes and analyzes the risks and vulnerabilities to the AACOG Region from the hazards profiles. The assessment includes a vulnerability description and information as to the identified risk to public and private assets (where applicable). The AAGOC Executive Mitigation Committee (EMC) conducted a risk assessment exercise to determine the vulnerabilities to assets within the planning area. The exercise was conducted at an EMC meeting. The updated hazard profiles were used as the basis to determine the vulnerability of and risk to assets within the region. Prioritizing the potential impacts of hazards on regional assets was based on both a quantitative and a qualitative analysis of the identified hazards. This allowed the EMC to focus planning effort on the hazards most likely to cause future impacts to the community. The EMC used historical data, local knowledge and experience to rate the exposure, probability and impact of each of these hazards. Each hazard identified and profiled received a qualitative risk assessment. The anticipated impact of the hazards was then assigned a value of Low, Moderate or High. Table 2.3.2 -1 describes the definitions assigned to these terms. A SAFE, SECURE, AND SUSTAINABLE FUTUR.E SECTION 2: PAGE 7 APA DRAFT - APRIL 23, 2012 EXECUTIVE SUMMARY ALAMO AREA COUNCIL OF GOVERNMENTS REGIONAL MITIGATION ACTION PLAN UPDATE Table 2.3.2 -1 These ratings were then used to determine the qualitative ranking of the hazards, the regional risk of exposure to the hazard, the probability of the hazard occurring and the potential impact of that hazard to the AACOG region or any one of its counties including the San Antonio River Authority (SARA). Where applicable, data from the 2005 Plan's risk assessment was used as a starting point for the risk assessment found in this Plan Update. Some of this data was refined throughout the Plan Update process; new data was added to or inserted where applicable. Section 7 includes details about calculation methodologies and results of the region -wide risk assessment. 2.4 Goals and Actions Section 8 of this Plan describes the AACOG Region's priorities for mitigation actions. The section divides the actions by priority, and describes the funding required, sources of funding, the level of support, and the timing of the action. The section also includes the AACOG region's hazard mitigation goals and objectives. As part of the Plan Update process, the goals and actions described in the 2005 Plan were reviewed and considered. These previous goals were considered and refined. Where applicable, these previous actions were updated. New actions were developed in response to the updated hazard and risk data developed as a result of the Plan Update process. 2.4.1 Planning Area Hazard Mitigation Goals Goals are general guidelines that explain what the region wants to achieve. Goals are expressed as broad policy statements representing desired long -term results. The AACOG region's mitigation planning goals include: 1. Increase regional emergency preparedness, response and recovery capability. 2. Build capacity for hazard mitigation at the county and municipal levels through technical and financial assistance programs. A SAFE, SECURE, AND SUSTAINABLE FUTURE SECTION 2: PAGE 8 APA DRAFT — APRIL 23, 2012 EXECUTIVE SUMMARY ALAMO AREA COUNCIL OF GOVERNMENTS REGIONAL MITIGATION ACTION PLAN UPDATE 3. Reduce the impact of natural disasters on populations and private property. 4. Identify, introduce and implement programs designed to raise awareness and acceptance of the principles of hazard mitigation. Please refer to Section 8 for more information on the new and updated goals for the AACOG Regional Hazard Mitigation Plan. 2.4.2 Actions Action Items are the specific steps (projects, policies, and programs) that advance a given goal. They are highly focused, specific, and measurable. The AACOG Region's mitigation actions include, but are not limited to: • Develop and implement community education and outreach programs to address all- hazards • Ensure emergency communication capability during hazard events • Design and implement projects to address flooding and drainage issues • Ensure emergency notification systems are in place and effective Where applicable, county /municipality- specific mitigation actions are included with attention paid to facility identification. The above list is intended to be illustrative of the overall action items, rather than an exhaustive list. Please refer to Section 8 for more information on county /municipality specific mitigation actions, both new and updated. 2.5 Planning Process Section 5 provides details about the process that was used to develop this Plan. The process closely followed the guidance in the FEMA 386 series of planning guidance, which recommend a four -stage process for developing mitigation plans. • Step 1 Organize resources • Step 2 Assess risks • Step 3 Develop a mitigation plan • Step 4 implement the plan and monitor progress Step 1, organizing resources, is described in Section 5 (Planning Process). The section includes details about who was involved, the processes that were used to establish leadership and advisory groups, and public and other outreach and involvement efforts. Step 2, the risk assessment, was completed by the AACOG EMC. The Hazard Identification and Risk Assessment is included as Section 6 of the Plan. Step 3, development of the Mitigation Plan is described in Section 5 (Planning Process) and Section 8 (Mitigation Action Plan). Section 5 A SAFE, SECURE, AND SUSTAINABLE FUTURE SECTION 2: PAGE 9 APA DRAFT — APRIL 23, 2012 EXECUTIVE SUMMARY ALAMO AREA COUNCIL OF GOVERNMENTS REGIONAL MITIGATION ACTION PLAN UPDATE includes details about who was involved, the processes that were used, and the products that were developed. Section 8 includes specific details about the identification and development of mitigation goals, objectives, and actions based upon Section 6 (Hazard Identification and Risk Assessment) and Section 7 (Capability Assessment). Step 4, implementing the Plan, is described in the Mitigation Action Plan in Section 8, which includes details about who is responsible for implementation of specific strategies and actions; and in Section 9, the Plan Monitoring and Maintenance section, which describes long -term implementation through periodic updates and reviews. 2.6 Adoption and Approval The Alamo Area Council of Governments, with the endorsement of the EMC, was responsible for recommending plan approval. Consistent with that recommendation, the Alamo Area Council of Governments approved this Hazard Mitigation Plan on Ifrs_fflW Following adoption, the Plan was submitted to FEMA Region VI. FEMA reviewed and approved the Plan on (frji A Q Subsequently, the participating counties and municipalities also adopted the Plan, submitted their adoption resolutions to AACOG, and received their own approval notifications (see Appendices C and D). 2.7 Implementation The implementation process is described as part of the specific actions in the Mitigation Action Plan in Section 8. 2.8 Monitoring and Updating the Plan Prior to completion of the Plan Update process, the monitoring and maintenance process described in the 2005 Plan was evaluated by the participating jurisdictions. It was determined that the process must be refined, to allow for ease of separation of monitoring and maintenance responsibilities during the next Plan Update. Section 9 (Plan Monitoring and Maintenance) describes the schedule and procedures for ensuring that the Plan stays current. The section identifies when the Plan must be updated, who is responsible for monitoring the Plan, and ensuring that the update procedures are implemented. This section provides a combination of cyclical dates (oriented toward FEMA requirements) and triggering events that will initiate amendments and updates to the Plan. The Alamo Area Council of Governments is responsible for monitoring the Plan and initiating the cyclical update process. The point of contact at AACOG is: Mary Seguin Ruiz Alamo Area Council of Governments 8700 Tesoro Drive, Suite 700 San Antonio, Texas 78217 (210) 362 -5296 (phone) mruizftaacoo.com his@aacog.com A SAFE, SECURE, AND SUSTAINABLE FUTURE SECTION 2: PAGE 10 APA DRAFT - APRIL 23, 2012 EXECUTIVE SUMMARY ALAMO AREA COUNCIL OF GOVERNMENTS REGIONAL MITIGATION ACTION PLAN UPDATE This page is intentionally blank. A SAFE, SECURE, AND SUSTAINABLE FUTURE SECTION 2: PAGE 11 APA DRAFT — APRIL 23, 2012 ORDINANCE NO. 15 -T -03 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE PEG FUND AND TO THE WATER FUND TO FUND PHASE ONE OF THE MASTER COMMUNICATIONS PLAN - IMPROVEMENTS TO THE CITY NETWORK INFRASTRUCTURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, pursuant to Resolution 12 -R -57, the City of Schertz (the "City") adopted the Master Communications Plan for the City; and WHEREAS, the City needs to adjust the Budget to allocate funds in advance of releasing a Request For Proposal for Phase One of the Master Communications Plan in the amount of $40,000; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget as indicated to provide funding for Phase One of the Master Communications Plan; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Budget and provide funding for Phase One of the Master Communications Plan, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget and shall use $20,000 from the PEG Fund and $20,000 from the Water Fund to fund Phase One of the Master Communications Plan. 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 Section • 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 55 1, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. • PASSED, APPROVED AND ADOPTED on final read* 6,13th day of January, 2015. "------Michael R. Carpenter, Mayor 50558021.1 - 2 - CITY OF SCHERTZ THE STATE OF TEXAS § GUADALUPE COUNTY § This Service Agreement ( "Agreement ") is made and entered by and between the City of Schertz, Texas, (the "City ") a Texas municipality, and Hood Communications, Inc. ( "Contractor "). Section 1. Duration This Agreement shall become effective upon the date of the final signature affixed hereto and shall remain in effect until satisfactory completion of the Scope of Work unless terminated as provided for in this Agreement. Section 2. Scope of Work (A) Contractor shall perform the Work as more particularly described in the Scope of Work attached hereto as Exhibit "A ". The work as described in the Scope of Work constitutes the "Project ". (B) The Quality of Work provided under this Agreement shall be of the level of quality performed by Contractors regularly rendering this type of service. (C) The Contractor shall perform its Work for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent Contractor or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation (A) The Contractor shall be paid in the manner set forth in Exhibit "A" and as provided herein. (B) Billing Period. The Contractor may submit monthly, or less frequently, an invoice for payment based on the estimated completion of the described tasks and approved work schedule. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act "), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. (C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be included in the scope of Work (Exhibit A) and accounted for in the total contract amount. CITY OF SCHERTZ PAGE 1 Hood Communications, Inc. Service Agreement Section 4. Time of Completion The prompt completion of the Work under the Scope of Work relates is critical to the City. Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of the Contractor and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Contractor prior to the time of termination. Section 5. Insurance Before commencing work under this Agreement, Contractor shall obtain and maintain the liability insurance provided for below throughout the term of the Project plus an additional two years. Contractor shall provide evidence of such insurance to the City. Such documentation shall meet the requirements noted in Exhibit B. Contractor shall maintain the following limits and types of insurance: Workers Compensation Insurance: Contractor shall carry and maintain during the term of this Agreement, workers compensation and employers liability insurance meeting the requirements of the State of Texas on all the Contractor's employees carrying out the work involved in this contract. General Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of this contract by the Contractor or its employees. Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and independent contractors working under the direction of either the Contractor or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Contractor. Qualifying Insurance: The insurance required by this Agreement shall be written by non - assessable insurance company licensed to do business in the State of Texas and currently rated "B +" or better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims made" form. Evidence of such insurance shall be attached as Exhibit "C ". CITY OF SCHERTZ PAGE 2 Hood Communications, Inc. Service Agreement Section 6. Miscellaneous Provisions (A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Contractor of any responsibility for work done by such subcontractor. (B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Contractor acknowledges that Contractor is an independent contractor of the City and is not an employee, agent, official or representative of the City. Contractor shall not represent, either expressly or through implication, that Contractor is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Contractor. (D) Non - Collusion. Contractor represents and warrants that Contractor has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Contractor further agrees that Contractor shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the Work performed by Contractor under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Contractor, Contractor shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Contractor under or pursuant to this Agreement. (E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure CITY OF SCHERTZ PAGE 3 Hood Communications, Inc. Service Agreement event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection. (F) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Work, this Agreement shall govern. The Scope of Work is intended to detail the technical scope of Work, fee schedule, and contract time only and shall not dictate Agreement terms. Section 7. Termination (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Contractor and City; (2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; (3) By the City, immediately upon notice in writing to the Contractor, as consequence of the failure of Contractor to perform the Work contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than five (5) days written notice to the Contractor. (B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for those Work that have been timely and adequately performed by the Contractor considering the actual costs incurred by the Contractor in performing work to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Contractor to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all basic, special, and additional Work actually performed prior to termination, together with any reimbursable expenses then due. Section 8. Indemnification CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING ATTORNEY'S FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY (BOTH REAL AND PERSONAL) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR - EXPRESSLY INCLUDING THOSE ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED CITY OF SCHERTZ PAGE A Hood Communications, Inc. Service Agreement STATES. Section 9. Notices Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 10. No Assignment Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 11. Severability If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 12. Waiver Either City or the Contractor shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 13. Governing Law; Venue This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 14. Paragraph Headings; Construction The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. CITY OF SCHERTZ PAGE 5 Hood Communications, Inc. Service Agreement Section 15. Binding Effect Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 16. Gender Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 17. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 18. Exhibits All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 19. Entire Agreement It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 20. Relationship of Parties Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. Section 21. Right To Audit City shall have the right to examine and audit the books and records of Contractor with regards to the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books and records will be maintained in accordance with generally accepted principles of accounting and will be adequate to enable determination of: (1) the substantiation and accuracy of any payments required to be made under this Agreement; and (2) compliance with the provisions of this Agreement. Section 22. Dispute Resolution In accordance with the provisions of Subchapter I, Chapter 271, TEX. LOCAL GOv'T CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be CITY OF SCHERTZ PAGE 6 Hood Communications, Inc. Service Agreement delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. Section 23. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire Contractor represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. [The remainder of this page is intentionally left blank.] CITY OF SCHERTZ PAGE 7 Hood Communications, Inc. Service Agreement EXECUTED on this the % day of CITY: By: Name: John C. Kessel Title: City Manager ADDRESS FOR NOTICE: MYIts City of Schertz Attn: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, Texas 78154 CITY OF SCHERTZ Hood Communications, Inc. Service Agreement 2015. CONTRACTOR: By: ' Name: Title:�r�e CONTRACTOR: Hood Communications, Inc. 6635 Topper Parkway San Antonio, TX 78244 210 -599 -1355 PAGE 8 Exhibit "A" SCOPE OF WORK Project Contractor shall install, terminate, test and certify as fully functional fiber optic cabling segments in support of the City Wireless Network Project. Location Various City locations: Hal Baldwin. Municipal. Complex 1400 Schertz Pkwy Schertz, TX 78154 Live Oak Water Tower & Live Oak Controls Building 1057 Live Oak Rd Schertz, TX 78154 Scope of Work The Contractor shall install, terminate, test and certify as fully functional the following fiber optic cabling segments: (map details attached as Exhibit D) 1) City Hall wiring closet to Live Oak Tower controls building — approx. 6,000 ft. a. 1 each 12- strand (6 pair) fiber optic cable b. Capable of data transmission speeds up to 1 Gb. c. Outdoor grade d. Cable runs underground through City - supplied 4" conduit and overhead using existing utility poles as shown on the map. e. Start point: Contractor - supplied fiber termination panel mounted on City - supplied data rack located in the City Hall Wiring closet #1 as shown on map, Schertz City Hall, 1400 Schertz Pkwy, Schertz, TX. Cabling inside building will run through existing drop - ceiling to City - supplied egress point. f. Termination Point: Contractor - supplied fiber termination panel mounted on City - supplied data rack located at the City of Schertz Live Oak Water Tower control building, 1057 Live Oak Rd, Schertz, TX. Cable will enter building as shown on map through City - supplied ingress point and attach to contractor - supplied fiber termination panel mounted on City - supplied data rack. 2) City Hall wiring closet to PD server closet — approx. 120 ft. a. 1 each 12 strand (6 pair) fiber optic cable b. Capable of data transmission speeds up to 10 Gbs c. Outdoor grade CITY OF SCHERTZ PAGE 9 Hood Communications, Inc. Service Agreement d. Cable runs underground through existing City - supplied 4" conduit then overhead through existing drop - ceiling. e. Start point: Contractor - supplied fiber termination panel mounted on City - supplied data rack located in the Schertz City Hall Wiring Closet #1, 1400 Schertz Pkwy, Schertz, TX. Cable will exit building through. City - supplied egress point. f. Termination point: Contractor - supplied fiber termination panel mounted on City- supplied data rack located within the Schertz Police Dept server closet #1, 1404 Schertz Pkwy, Schertz, TX. Cable will enter building through City- supplied ingress point located on external wail of PD data wiring closet. 3) Live Oak Water Tower to Live Oak Controls building — approx. 130 ft. a. 1 each 12 strand (6 pair) fiber optic cable b. Capable of transmission speeds up to 1 Gb c. Outdoor grade d. Cable runs underground between the sites within City - supplied 4" conduit. e. Start point: City - installed data rack in Schertz Live Oak water tower controls building, 1057 Live Oak Rd, Schertz TX and runs through approximately 40 ft of contractor - installed electrical grade PVC conduit within the building through a City - installed exterior wiring box, then through City - installed underground conduit. f. Termination point: Contractor- supplied Fiber termination panel mounted on City - supplied data rack through a City - supplied ingress point as shown on map located at the Schertz Live Oak water tower, 1057 Live Oak Rd., Schertz, TX. 4) City Hall wiring closet to City Hall server closet — approx. 30 ft. a. 1 each 12 strand (6 pair) fiber optic cable b. Capable of transmission speeds up to 1.0 Gbs c. Indoor grade d. Cable runs through dropped ceiling e. Start point: Contractor - supplied fiber termination panel mounted on City- supplied data rack located in the Schertz City Hall wiring closet #1, 1400 Schertz Pkwy, Schertz, TX f. Termination point: Contractor - supplied fiber termination panel mounted on City - supplied data rack located in Schertz City Hall server closet #1, 1400 Schertz Pkwy, Schertz, TX The Contractor shall be responsible for the following duties and services: verification of routes, distances and termination points for all segments. This includes documentation of both below- ground and above ground routes. 1. Securing of all permits l licenses, etc. and payment of all fees associated with installation of fiber optic cabling on utility poles, use of easements, etc. The City will waive any city — only permit fees. 2. Providing all, materials, equipment, labor, etc. required to perform any and all work required to complete, terminate, test and certify functionality of installed cabling. 3. Providing written timetable for various activities related to installation, and a schedule for completion of installation. 4. Testing and certification of functionality for all segments and for each fiber pair. CITY OF SCHERTZ PAGE 10 Hood Communications, Inc. Service Agreement 5. Providing written industry - standard warranties for equipment, labor and materials. 6. Upon completion of installation, Contractor shall supply City with detailed installation documentation including speed and reliability test results and route installation diagram for all facilities. The City will provide the following: 1. Maps showing desired route of cabling for the 4 segments between the three facilities. 2. Reasonable access to City -owned facilities during normal business hours as needed in order to fulfill requirements of this project as agreed upon in advance with the City of Schertz IT department. 3. Data racks at end -point locations with sufficient room to install contractor -supplied fiber optic cabling termination panels (LIU's). Price Total Fee: $22,950 CITY OF SCHERTZ PAGE 11 Hood Communications, Inc. Service Agreement Exhibit "B" REQUIREMENTS FOR ALL INSURANCE DOCUMENTS The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows: I. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non - renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non - contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B +. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz Purchasing Department 1400 Schertz Parkway Schertz, TX 78154 CITY OF SCHERTZ Hood Communications, Inc. Service Agreement emailed to: urchasin a schertz.com Faxed to: 210- 619 -1169 PAGE 12 CITY OF SCHERTZ PAGE 13 Hood Communications, Inc. Service Agreement CWMMAN " O%Lla MEID EXP � I .,, 01A 111 i010111M yqol,�M A Amy vi R, -Wn&AMVVlML-i i MP,i+t.�,1 . A--t D'Q,,._ iLE6 i819f'' �� . . ;' " �: Katy Up .Y t ' H _A t rp � '# - 440 L�'iiN wain (T1 1,11 10 Etr M03 UL41IRRUA UAB X N& h, n ne r it CITY OF SCHERTZ PAGE 13 Hood Communications, Inc. Service Agreement (Instructions for completing and submitting a certificate to the City of Schertz) Complete the certificate of insurance with the information listed below: A) Certificate of Insurance date B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name /names of insurance company) * *(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non- Contributory (4) Cancellation. Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non - renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. CITY OF SCHERTZ PAGE 14 Hood Communications, Inc. Service Agreement Exhibit "C" EVIDENCE OF INSURANCE CITY OF SCHERTZ PAGE 15 Hood Communications, Inc. Service Agreement Exhibit "D" 1211DIMATS _ CITY OF SCHERTZ PAGE lb Hood Communications, Inc. Service Agreement Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: July 28, 2015 Department: Parks Subject: Resolution No. 15 -R -64 — A Resolution by the City Council of the City of Schertz, Texas authorizing an amendment to the contract with Austex Tree Service, Inc. for tree pruning and other related services BACKGROUND With approval of Resolution Number 15 -R -44, City Council authorized execution of a contract with Austex Tree Services for tree pruning and other related services at City parks as part of routine park maintenance. The City entered into a contract with Austex on June 2, 2015. The original contract identified three (3) City parks that required pruning services; Oak Forest Park, Woodland Oaks Park, and Cut -Off Park. The scope of work included tree trimming, maintenance, removal, and repair. This project was publicly bid using a Request for Proposals (RFP), which allowed the City to select a contractor not only based on cost, but on qualifications and experience as well. Austex was determined to be the best value selection based on the RFP criteria including experience, qualifications, reputation, capability, past performance, experience with other entities, experience with similar projects, available resources, and corporate history and stability. Since execution of this contract, the City has identified an additional location which requires tree removal services, and has requested that this location be added to the scope of work under the existing contract. City staff is requesting that the following paragraph be included in the scope of work under the existing contract: Palm Park — 200 Block of FM 78 a. Removal of fallen hackberry tree on fence marked with orange tape, and removal of large hazardous Pecan Tree also marked with orange tape located between HP Printing and a daycare. All wood material will be taken to the same location that is being utilized for the present wood material recycling. No other additional changes to the contract are requested. COMMUNITY BENEFIT The trees marked for removal at Palm Park pose a significant safety hazard, as they are in an area populated with businesses. One of the trees has infringed upon the property of a nearby business, and the other is at great risk of falling over, posing threat of personal injury and /or property damage. It is in the best interest of the City and its citizens to remove these hazards as soon as possible. FISCAL IMPACT The fiscal impact of the amended scope of work will be $6,950. The additional work will be paid from the Parks budget account for Contract Services, budget code 101- 460 - 541310. Staff recommends Council approval of Resolution 15 -R -64. ATTACHMENTS Resolution 15 -R -64 Exhibit A: First Amendment to Tree Pruning Services Agreement with Austex Tree Services RESOLUTION NO. 15 -R -64 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AMENDMENT OF AN AGREEMENT WITH AUSTEX TREE SERVICES, INC. FOR TREE PRUNING SERVICES AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, by Resolution Number 1.5 -R -44, the City Council (the "City Council ") of the City of Schertz (the "City ") approved a contract with Austex Tree Services for tree pruning and other related services at three City parks; and WHEREAS, the City has identified an additional location which requires tree removal services, and has requested that this location be added to the scope of work under the existing contract; and WHEREAS, City staff has received qualifications indicating that Austex Tree Services Inc. is qualified to provide such services for the City; and WHEREAS, it is in the best interest of the City to amend the current contract with Austex to include the additional location and services, as the trees pose a safety hazard to the public; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the 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 day of , 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 TREE PRUNING SERVICES AGREEMENT THIS FIRST AMENDMENT TO TREE PRUNING SERVICES AGREEMENT (the "First Amendment ") is entered into this 20th day of July, 2015 ( "Effective Date "), by and between the CITY OF SCHERTZ (the "City ") and AUSTEX TREE SERVVCES, INC (the "Contractor "). RECITALS WHEREAS, the City and the Contractor previously entered into a tree pruning services agreement (the "Agreement "); and WHEREAS, the City and Contractor have identified additional areas which require tree pruning and /or removal services and has requested that these areas be added to the schedule under the existing contract; and WHEREAS, the City and the Contractor 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 and the Contractor 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 Exhibit A of the Agreement: Palm Park — 200 Block of FM 78 a. Removal of fallen Hackberry Tree on fence marked with orange tape, and removal of large hazardous Pecan Tree also marked with orange tape located between HP Printing and a daycare. All wood material will be taken to the same location that is being utilized for the present wood material recycling. Cost of Additional Services: $6,950 1 3. Remainder of Agreement Unaffected. The parties hereto acknowledge that except as expressly modified hereby, the Agreement remains unmodified and in fiill 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 page follows] 2 This First Amendment is executed by as of the date first written above. CITY OF SCHERTZ: By: Print Name: Title: AUSTEX TRREEE SERVI ES, INC.: By: Print Name: _ _Eta te Ud �+�tC; r 1 Title: C l-- Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: July 28, 2015 Department: Subject: BACKGROUND Goal Development Services Ordinance No. 15 -5 -20 — Conduct a Public hearing and consideration and /or action approving an Ordinance amending the Schertz Code of Ordinances, Chapter 18, Buildings and Building Regulations, by repealing existing International Codes and adopting new International Codes and adopting the revised Schertz Code of Ordinance, Chapter 18, Building and Building Regulations. First Reading (B. James /M. Sanchez /G. Durant) Staff has determined a need to revise current building codes with regard to building, plumbing, mechanical, fuel /gas and electrical requirements. The current code was developed a decade ago and industry standards have increased over the years providing for improvement in safety and the implementation of new construction techniques. The revisions proposed are intended to ensure the proper construction of structures built in the City and to protect the safety and welfare of the community through regulation of certain construction activities within the City. Community Benefit It is the City's desire to increase building standards in the community and updating codes will improve the consistency in construction standards thereby providing building efficiency for the homeowner and the builder because many of the builders working in Schertz are also building in neighboring communities who have also adopted the 2012 codes. Summary of Recommended Action As a comparison, Inspections staff researched several cities on the codes they have recently adopted and are operating under and found that several have adopted the 2012 codes; and more City Council Memorandum Page 2 have already adopted the 2015 codes; a comparison spreadsheet is attached. The decision at this time to adopt the 2012 codes rather than the 2015 codes is to be consistent with other cities and because inspectors have been attending training sessions on the 2012 codes since last year and training on the 2015 codes is not yet available. Staff will start reviewing the 2015 codes in January 2016 to move towards adoption in 2016. Because it was important to staff to get more input from the community on the proposed code changes, we met with several groups that included Homebuilders, Electricians, Plumbers, Mechanical Contractors, the Economic Development Corporation, the Schertz Chamber, Residents and HOA groups to gain their input on the proposed code changes. The proposed changes were also posted on the Schertz Website. Each group provided beneficial feedback and offered recommendations based on industry standards and experience. Two construction industry meetings were held on April 16 and June 19, 2015 to receive additional public comment and to provide the opportunity to ask questions and offer recommendations. Staff conducted public hearings at the Planning and Zoning Commission meeting on April 22, 2015 and on July 8, 2015 . where they tabled their action to forward a recommendation to City Council until staff could meet with the Greater San Antonio Builders Association (GSABA) to consider their comments and recommendations. Two additional construction industry meetings were held to include attendance by GSABA members on July 13 and 14, 2015. Several revisions, clarifications and typographical corrections to the proposed ordinance resulted from meeting with GSABA to include: • Amended an existing requirement that allows the Chief Building Official to place a 72 hour hold on failed inspections. • Clarified that Action on an Application regarding the time for issuance of a municipal building permit is 45 "calendar" days, not business days. • Clarified how terms are defined. • Clarified in the IRC that Attic Access shall be provided by a ceiling pull down "ladder" versus stairway. • Added a map to define areas where sound attenuation standards will apply, shown as Exhibit A attached. Additionally, the GSABA voiced the following concerns at the Planning and Zoning Commission meeting held July 22, 2015: • The foundation requirements adopted in April 2013 that requires the design engineer to be on site for the pour of the foundation. GSABA requested that the regulation allow for the engineer's representative to be on site and further suggested that the city consider increasing the strength of the slab to make it stiffer in lieu of having someone on site to witness the pour; and that additionally the cost to make the foundation stiffer would be preferred by engineers if the ordinance regulation to provide engineering documents were no longer required. Per the Planning and Zoning Commission meeting, staff agreed to work with GSABA to further explore ways to improve foundation requirements. • That an engineer is required to seal residential plans. City Council Memorandum Page 3 • The Sound Transmission Standards for High Noise Areas being in the building code and they felt this regulation should be in the Unified Development Code. Staff responded that this is a construction standard and more appropriate in the building code. • Recommended that the permit exemptions for accessory structures be for structures less than 200 square feet. A summary of changes proposed is as follows: • Adoption of the following codes: 1. National Electrical Code (NEC) 2014 (mandated by the State) 2. International Energy Conservation Code (IECC) 2009 (mandated by the State 3. International Building Code (IBC) 2012 4. International Residential Code for One and Two Family Dwellings (IRC) 2012 5. International Fuel Gas Code (IFGC) 2012 6. International Mechanical Code (IMC) 2012 7. International Plumbing Code (IPC) 2012 8. International Property Maintenance Code (IPMC) 2012 9. International Existing Buildings Code (IEBC) 2012 10. Manual of Cross Connection Control 11. International Swimming Pool and Spa Code 2012 (ISPSC) • Reinstate contractor registration and insurance requirements according to state law. • Repeal all code sections referencing the Board of Appeals and define the Board of Appeals as established by the Unified Development Code, Article 3. • Exempt residential siding, replacement fences and accessory structures less than 120 square feet from permitting unless a foundation is proposed or the property is located within a floodplain hazard area in the IBC and IRC; defined replacement fence. • Exempt residential remodels and additions from the requirement to use Design Professionals to prepare plans with the exception of the foundation which will continue to require an engineer in the IBC. • Reinstate foundation amendments adopted in April 2013 in the IBC and IRC. • Establish a restriction on portable generators for permanent residential use with the exception to allow use during emergency situations as authorized by the authority having jurisdiction. • Amend the National Electric Code (NEC) to limit the number of duplex receptacles on certain circuits; require a main service disconnecting means on the exterior of a building to assist Fire personnel during emergency. • Amend the International Plumbing Code (IPC) to require port-o -lets every 500 feet at construction sites; prohibit the use of cellular core Drain Waste Vent pipe below grade. • Amend the International Property Maintenance Code (IPMC) to identify non - compliance of accessory structures that are out of vertical alignment; and defined the maximum height of grass and weed growth in excess of eight inches. • Establish locations for residential and commercial irrigation backflow and cross - connection devices. City Council Memorandum Page 4 Planning and Zoning Commission Chairman David Richmond has provided remarks in support of building permits in the city and in response to the ordinance amendment to exempt residential siding, replacement fences and accessory structures less than 1.20 square feet from permitting unless a foundation is proposed or the property is located within a floodplain hazard area in the IBC and IRC. Staff's recommendation to offer an exemption to these permits is due to no significant impact on the quality of construction and a minor impact on permit values that will be off -set by reducing inspector involvement. Staff will still offer, at no cost, inspections on these items if requested by the homeowner. FISCAL IMPACT Staff does not believe that there will be an increase in building costs from adoption of the 2006 codes to the 2012 codes. There may be additional costs incurred to builders with regard to special or additional inspections due to adoption of the 2012 codes and due to the special requirements imposed by the sound transmission standards. Although the foundation amendment adopted in April 2013 is an existing requirement, builders and engineers have stated that having the design engineer on site during the concrete pour results in a $5,000.00 increase to the home construction which will be passed on to the homeowner. The City will no longer gain revenue from those permits being proposed for exemption. The Planning and Zoning Commission reviewed the changes proposed at their regular meeting of July 22, 2015 and offered a recommendation of approval by a 511 vote. Staff recommends that the public hearing be conducted and that the first reading of Ordinance 15 -C -20 amending the Schertz Code of Ordinances, Chapter 18, Buildings and Building Regulations by repealing existing International Codes and adopting new International Codes and adopting the revised Schertz Code of Ordinances, Chapter 18, Building and Building Regulations be approved. ATTACHMENT Ordinance No. 15 -C -20 Comparison Cities Spreadsheet ORDINANCE NO. 15 -C -20 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS BY REPEALING EXISTING INTERNATIONAL CODES AND ADOPTING NEW INTERNATIONAL CODES; PROVIDING FOR A PENALTY WHEREAS, the Texas Local Governmental Code empowers the cities to enact building codes and regulations and provide for their administration, enforcement, and amendment; and WHEREAS, the regulation of building and building construction by the City of Schertz "City ") is necessary to protect the public health and welfare; and WHEREAS, the City Council of the City desires to protect the safety and welfare of the citizens of the City through regulation of construction activities in the City; and WHEREAS, the City has previously adopted multiple international codes; and WHEREAS, more recent international codes have been adopted by the International Code Committee; and WHEREAS, City Staff has undertaken a review of the newly adopted international codes as compared to the City's existing codes; and WHEREAS, City Staff recommends adopting the international codes provided for herein along with certain amendments; and WHEREAS, City Staff presented the international codes provided for herein along with their amendments to the City Planning and Zoning Commission (the "P &Z ") on date; and WHEREAS, the P&Z voted to recommend approval of the provisions regulating construction Final Revisions 7 -16 -2015 V.13 MS 1 activities set forth herein at the P &Z meeting on date; and WHEREAS, the City Council has determined that the regulation of construction activities in the City, as set forth herein, is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: _ Section 1. Repealer. Chapter 18, `Buildings and Building Regulations" of Ordinances, City of Schertz, Texas, Articles I — X are hereby repealed. Section 2. Amendments. Chapter 18, "Buildings and Building Regulatioi Ordinances, City of Schertz, Texas, is hereby amended to read as follows: ARTICLE I. — IN GENERAL Section 18 -1. Scheduling Inspections (a) Posting permit and plans. Work requiring a or his agent posts the Inspection card and plans ii Inspection card and plans shall be protected from permit the building official or designee or assign, entries thereon. The permit holder shall maintain until the certificate of occupancy or completion c designee or assigned inspector. (b) Inspection Requi excluding Saturdays; called in by 4:00 p.m. inspection site, contac the M " of the Code until the permit holder premises. The the weather and located in such a position as to d inspector to conveniently make the required the Inspection card and plans in such position ;rtificate is issued by the building official or before an inspection is desired, ure a 24 -hour service, all inspections must be shall include the permit number, address of the the requester, and type of inspections being requested. Any performed on the requested day shall be given priority on If a re- inspection has been called for and the second inspection revealed that the original turn down items have not been corrected in part or in whole, a 72 -hour hold on the failed segment may be given before another re- inspection will be made. Each subsequent fail on the same re- inspection may be rescheduled no sooner than 72 —hours which will not include weekends or holiday time periods. Section 18 -2. Building Contractors Registration. It shall be the duty of every contractor who shall make contracts for the construction, erection, alteration, repair, moving, demolition, installation or replacements of any building, structure, swimming pool, or sign, whether permanent or temporary, obtain all the necessary permits. Such Final Revisions 7 -16 -2015 V.13 MS 2 contractor shall be registered by the City of Schertz. Insurance required. It shall be the duty of all contractors who practice their craft within the City of Schertz, Texas to show proof of general commercial liability insurance for claims for property damage, or bodily injury regardless of whether the claim arises from a negligence claim or on a contract claim. Coverage amount of liability insurance shall not be less than $300,000.00. The insurance shall run for a concurrent term with the: registration. Application. A written application for a contractor's registration will be subm building official or designee or assigned inspector on a form prescribed by the with the required initial fee and evidence of qualifications as follows: • Required initial fee; • Renewal fee as applicable; • Completed application; The building official or designee or the completed application, will issu reasons for refusal. Renewal. All renewals days after the renewal c Revocation. Any re No person to the along from the receipt of refusal setting out the near. Failure to renew within 30 reapply for registration at the initial I under this section may be revoked by the building >ector for failure to remedy unsatisfactory work, )btain permits, or failure to obtain proper inspections in provided by this ordinance. stration has been denied or revoked, may appeal to the in writing along with an established filing fee. install, repair or remove electrical wiring or devices unless he is licensed as an Electrical Contractor issued by the State of Texas who employs any of the listed tradesmen as established by the Texas Department of Licensing and Regulation (TDLR). A licensed master, sign master, journeyman, sign journeyman, residential wireman, or journeyman lineman must directly supervise work done by an apprentice or sign apprentice. Directly supervise is defined as follows: Final Revisions 7 -16 -2015 V.13 MS 3 1. Where a single family or duplex residential structure is under construction. The supervisor shall be on the property while any electrical work as defined by TDLR Rules and Law is underway. 2. Where a commercial or industrial project is under construction. The supervisor shall be not less than one supervisor per 50,000 square feet or each story above the first floor or sub -floor over 50,000 square feet and shall be on the property while any 'electrical work as defined by TDLR Rules and Law is underway. A master, sign master, journeyman, sign journeyman, residential wireman, or journeyman lineman electrician may supervise not more than eight apprentice electricians for commercial construction and not more than four apprentice electricians for residential construction. Exception: 1. A registration is not required of a horneownei home. The homeowner may receive help from ©1 principal occupation of the person giving help is electrician. 2. A registration is not required of a person v perform normal maintenance excluding altera commercial establishments. nrovided that the electrical contractor for the general public. i his own that the contractor or s a full -time employee to iitions of electrical systems in not work as an electrician or Renewal. All renewals shall be due January 1, of each year. Failure to renew within (18 0) one hundred and eighty days after the renewal date will require the applicant to reapply for registration at the initial fee rate. Revocation. Any Registration issued under this section may be revoked by the building official or designee or assigned inspector for failure to remedy non -code compliant work, violation of the electrical code, failure to obtain a permit or failure to obtain proper inspections in addition to any additional penalties provided by this ordinance. A complaint shall also be filed with the TDLR by the building official or designee or assigned Insurance required. It shall be the duty of all electrical contractors who practice their craft within the City of Schertz, Texas to show proof of general liability insurance for claims for property damage, or bodily injury regardless of whether the claim arises from a negligence claim or on a contract claim. Coverage amount of liability insurance shall not be less than the amount mandated by the Texas Department of Licensing and Regulation Administrative Code Chapter 73.40 Insurance Requirements. Final Revisions 7 -16 -2015 V.13 MS 4 I . Electrical contractors, electrical sign contractors, and residential appliance installation contractors are required to maintain at least the minimum general liability insurance coverage at all times to satisfy proof of financial responsibility. a. the insurance must be at least $300,000 per occurrence (combined for property damage and bodily injury); b. be at least $600,000 aggregate (total amount the policy will pay for property damage and bodily injury coverage); and c. be at least $300,000 aggregate for products and completed operations. 2. A license applicant or licensee shall file with TDL.R a completed certificate of insurance or other evidence satisfactory to the department when applying for initial and renewal licenses and upon request of the department. 3. Proof of the required general liability and workers' compensation insurance can be submitted on an industry standard certificate of insurance form with a 30 -day cancellation notice. Workers' compensation coverage may be established by a certificate of authority to self - insure, or an applicant may state that it has elected not to obtain workers' compensation coverage. 4. A licensed contractor shall furnish the name of the insurance carrier, policy number, name, address, and telephone number of the insurance agent with whom the contractor is insured to any customer who requests it. 5. Insurance must be obtained from an admitted company or an eligible surplus lines carrier, as defined in the Texas Insurance Code, Chapter 981, or other insurance companies that are rated by A.M. Best Company as B+ or higher. Section 1 It shall be the duty of all mechanical contractors who practice their craft within the City of Schertz, Texas to show proof of state license and insurance as required by the Department of Licensing and Regulation (TDLR),'as referenced in State Law, Article 8 86 1, TDLE- ACR- 75.11/v.1/93. Insurance required. It shall be the duty of all Mechanical contractors who practice their craft within the City of Schertz, Texas to show proof of general liability insurance for claims for property damage, or bodily injury regardless of whether the claim arises from a negligence claim or on a contract claim. Coverage amount of liability insurance shall not be less than the amount mandated by the TDLR Administrative Code Chapter 75.40 Contractor Insurance Requirements. 1. Class A licensees must maintain commercial general liability insurance at all times Final Revisions 7 -16 -2015 V.13 MS 5 during a license period: a. of at least $300,000 per occurrence (combined for property damage and bodily injury); b. of at least $600,000 aggregate (total amount the policy will pay for property damage and bodily injury coverage); and C. of at least $300,000 aggregate for products and completed operations. 2. Class B licensees must maintain commercial liability insurance at all times during a license period: a. of at least $100,000 per occurrence (combined for property damage and bodily injury); b. of at least $200,000 aggregate (total amount the policy will pay for property damage and bodily injury coverage); and C. of at least $100,000 aggregate for products and completed operations. 3. Insurance must be obtained from an insurance provider authorized to sell liability insurance in Texas pursuant to the Texas Insurance Code. 4. A license applicant or licensee must file with TDLR a completed certificate of insurance or other evidence satisfactory to TDLR when applying for an initial license, changing a business name or affiliation, and upon request of TDLR. 5. Requests to waive the insurance requirements because the license holder does not contract with the public must: a. €ubmitted in writing to TDLR; and tain a detailed explanation of the conditions under which the waiver is ee who has received a waiver of insurance cannot perform or offer to air conditioning and refrigeration contracting under his license with the public. 7. A licensee or an air conditioning and refrigeration contracting company must furnish the name of the insurance carrier, policy number, name, address, and telephone number of the insurance agent with whom the licensee or company is insured to any customer who requests it. Final Revisions 7 -16 -2015 V.13 MS 6 State law reference— State license requirements for air conditioning and refrigeration contracting, Tex. Occupations Code, § 1302.251 et seq.; municipal licensing and regulation of air conditioning and refrigeration contracting, Tex. Occupations Code, § § 13 02.3 0 1 — 1302.303. Section 18-5. Plumbing Registration. It shall be the duty of all plumbing contractors who practice their craft within the City of Schertz, Texas to show proof of state license and insurance as required by the Texas State Board of Plumbing Examiners in accordance with, Vernon's Civil Statues, Article 6243-101. Plumbing Supervision: A master, journey man, residential utilities installer, drain cleaner or tradesman plumber may directly supervise not more than eight apprentice plumbers for commercial construction and not more than four aDDrentiCC DIumbers for residential. Directly supervise is defined as follows: Where a single family or duplex residential structure is under construction. The supervisor shall be on the property while any plumbing work as defined by Texas State Board of Plumbing Examiners Rules and Law is underway. 2. Where a commercial or industrial project is under construction. The supervisor shall be not less than one supervisor per 50,000 square feet or each story above the first floor or sub-floor over 50,000 square feet and shall be on the property while any plumbing work as defined by TSBPE Insurance required. It shall be the duty of all Plumbing contractors who practice their craft within the City of Schertz, Texas to show proof of general liability insurance for claims for property damage, or bodily injury regardless of whether the claim arises from a negligence claim or on a contract claim. Coverage amount of liability insurance shall not be less than the amount mandated by the Texas Board of Plumbing Examiners Board Rules, Section 367.3 Requirements for Plumbing Companies, Responsible Master Plumbers (RMP) ; Certificate of Insurance. 1. The Certificate of Insurance must: a. Be written by a company licensed to do business in this state; b. Provide for commercial general liability insurance for the RMP for claims Final Revisions 7-16-2015 V.13 MS 7 for property damage or bodily injury, regardless of whether the claim arises from a negligence claim or on a contract claim an d shall include all types of plumbing that will be performed under the RMP's license, including, but not limited to: i. Liquefied petroleum gas (LPG) plumbing; ii. Medical gas plumbing; and iii. Multipurpose residential fire protection c. Be in a coverage amount of not less than $300, in any one -year period; d. State the name and license number of the coverage is provided; e. State the name of the plumbing company acting as the RMP. i. Insurance coverage sp maintained at all times c RMP. ii. The Certificate of for ; and whom the .Master Plumber is (a) of this subsection, shall be Master Plumber acts as a form expires on the date that the in section (a) of this subsection, iii. The RMP shall furnish the TSBPE with a completed Certificate of Insurance form not later than 10 days after the expiration on the reviously furnished Certificate of Insurance form. Appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the codes adopted in this Chapter shall be to the Board of Appeals as established under the Unified Development Code, Article 3, Boards, Commissions and Committees. Secs. 18 -7 — 18.39 Reserved. ARTICLE II. — INTERNATIONAL BUILDING CODE Section 18 -40. Adopted Final Revisions 7 -16 -2015 V.13 MS 8 The International Building Code, 2012 Edition is hereby adopted with the amendments as provided for in this Article. Section 18 -41. Amendments The International. Building Code, 2012 . Edition is hereby amended as follows: 101.1 Title. These regulations shall be known as the Building Code of the City of Schertz, Texas, hereinafter referred to as "this code." Permits. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:' Building: 1. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one. 2. Painting, papering, tiling, carpeting, ,cabinets, counter tops and similar finish work. 3. H 5. and theater stage sets and scenery. for nursery or agricultural purposes, but temporary playground equipment accessory to one and Window awnings supported by an exterior wall of R -3 - One and Two Family Dwellings as applicable in Section 101.2 and Group U occupancies of the International Building Code 2012 as defined in Chapter 3 - Use and Occupancy Classification. 7. Movable cases, countertops and partition not over (5) five feet (9) nine inches in height. 8. Residential one story detached accessory structures used as tool and storage sheds, playhouses, and similar uses; provided the floor area does not exceed 120 square feet. Final Revisions 7 -16 -2015 V.13 MS 9 a. The foundation for a detached accessory structure, storage sheds, playhouses and similar uses, if any, will require a flatwork permit; and the location and placement of the accessory structure shall comply with Article 8 of the Schertz Unified Development Code. b. Areas located in floodplain hazard areas will require permits. 9. Residential — Replacement Fences, Siding, and Arbors. Non -one and two family dwelling locations are not exempt from permits. a. The foundation for an Arbor, if any, will require a flat work permit. The arbor shall not be located in any utility easement; and shall comply with the setback requirements of Article 8 of the Schertz Unified Development Code with the exception that an arbor may be attached to the main structure. b. Areas located in floodplain hazard areas will require permits. C. Replacement Fence means replacing a like -for -like material fence in the same location as the existing fence. Electrical: 1. Normal ma drop cords, 2. work, such as replacement of lamps, sockets, fuses, ches, or other similar minor repairs as may be ling official or designee or assigned inspector; equipment to suitable existing of a motor of the same horsepower and rating and f pressure devices and similar controls, when the electrical e same has been properly installed by a licensed electrician. The provisions of this chapter shall not apply to electrical equipment used for radio and television transmission, but does apply to equipment and wiring for power supply and the installations of towers and antennas. L Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Final Revisions 7 -16 -2015 V.13 MS 10 105.3.1 Mechanical: 1. Portable heating appliance; 2. Portable ventilation equipment; 9 Portable cooling unit; Steam, hot or chilled water piping within any heating or equipment regulated by this chapter; Replacement of any part which does not alter its approv unsafe, Portable evaporative cooler; Self- contained refrigeration system refrigerant and actuated by motors Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drain -pipe, water, soil, waste or vent pipe becomes defective and becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this chapter. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such involve or require the replacement or rearrangement of valves, pipes or Section 214.904 Time for Issuance of Municipal Building This section applies only to a permit required by a municipality to erect or improve a building or other structure in the municipality. Not later than the 45th calendar day after the date an application for a permit is submitted the municipality must; a. grant or deny the permit b. provide written notice to the applicant stating the reasons why the Final Revisions 7 -16 -2015 V.13 MS 11 municipality has been unable to grant or deny the permit application: or C. reach a written agreement with the applicant providing for a deadline for granting or denying the permit. 3. For a permit application for which notice is provided under Subsection (2)(b), the municipality may grant or deny the permit not later than the 30th day after the date the notice is received. 4. If a municipality fails to grant or deny a permit application in the time required by Subsection (3) or by an agreement under Subsection (2)(c), the municipality: a. may not collect any permit fees associated with the application; and b. shall refund to the applicant any permit application that have been collected.> Public right -of -way official or designees or alteration of any ;b utility or drainage ea 107.3.4 inspector for the or in responsible t shall not be given by the building traction of any building or structure, -oach upon any right -of -way, alley, or professional shall be an architect or engineer legally registered under the State of Texas regulating the practice of architecture or engineering and shall r seal to said drawings, specifications and accompanying data, for the following: 1. All group A, E and I occupancies as defined in the IBC, Chapter 3 2. Buildings and structures three stories or more in height. ,000 square feet or more in area. s regardless of size as defined in the IBC, Chapter 3 single family residential additions and remodels not including the foundation. chertz Building Inspection Division may send plans to an accredited third party review service at the City of Schertz's discretion to expedite the plan review process. 109.2 Fees Provide a copy of the contract or proposal signed by both the contractor and the person responsible for the property that the construction will occur on when requested by the Final Revisions 7 -16 -2015 V.13 MS 12 Building Inspections Division to verify the value of the work for miscellaneous activities such as remodeling, re- roofing, and foundations. 111.1 Use and Occupancy New Certificate of Occupancy for Existing Structures. A certificate of occupancy is required of all commercial or industrial establishments and must be applied for prior to occupancy of the space. A new certificate is required if a business is relocated, ownership is changed,` occupancy use and classification is changed or the name of a business is changed. Certificates of Occupancy are not transferable. The building official or designee or assigned inspector along with any other city staff required, shall inspect the building or structure and finding no violations of the provisions of this code or other laws that are enforced by the Departments of Development Services, Engineering, Fire, Parks or Health and all applicable fees are paid, a certificate of occupancy shall be issued. 111.2. Certificate of Occupancy Issued After the building official or designee or assigned inspector inspects a building or structure and finds no violations of the provisions of this chapter or other laws that are enforced by this department, the building official or designee or assigned inspector shall issue a certificate of occupancy that shall contain the following: 1. The building permit number; 2. The ;address of the structure; 3. The name and address of the owner; M That portion of the structure for which the certification is approved City of Schertz Zoning determination. official or designee or assigned inspector; of the code under which the permit was issued; The classification of use and occupancy in accordance with the provisions of Chapter 3 of International Building Code; Type of construction as defined in Chapter 6 of the International Building Code; The design occupant load; If an automatic sprinkler system is required or not; Final Revisions 7 -16 -2015 V.13 MS 13 11. Any special stipulations or condition for occupancy. 12. The Zoning District in which the occupancy is located. 113 Board of Appeals The Board of Appeals is hereby repealed in its entirety. 202 Definitions. Applicable governing body as referenced within any code adopted the City Council of the City of Schertz As Built Plans are plans submitted after the building is complete additions or changes that have occurred after construction has be changes may require Building Division approval. mean , additions or Service Systems are electrical, fire, mechanical, plumbing or other services not associated with structural elements. 508.4.4 Separation Individual occupancies shall be separated from adjacent occupancies in accordance with Table 508.4 but in no case shall the fire barrier be less than (1) one hour where permitted with or without an automatic sprinkler system. 1801.2.1 Design basis All foundations shall be designed by a registered Professional Engineer in the State of Texas and all drawings and documentation must be signed and sealed. Design Engineers must be registered with the City of Schertz. Documentation shall include: Design letter referencing soils report numbers, date of report, and soils engineer name; specific location including lot, block and subdivision; specific design criteria including soil bearing capacity, plasticity index, and potential vertical rise. The engineer shall also approve a concrete mix desipan with performance criteria based on soils and seasonal conditions. Signed and sealed drawings clearly indicating the strand and reinforcement placement, pier size, depth, location, and reinforcing, beam size and location, and any special details. Design calculations must be included. Design engineer must perform a pre -pour inspection and provide the City of Schertz with a signed and sealed document stating that the foundation has been inspected and approved. This inspection must take place prior to requesting a foundation inspection from the City of Schertz. The design engineer shall be present during placement of concrete to verify concrete mix design and seasonal Final Revisions 7 -16 -2015 V.13 MS 14 conditions during placement, and verify tensioning and elongation of cables if it is a post- tension foundation. Letter from the engineer indicating that rough grading of the lot occurred immediately after form removal to maintain drainage away from foundation during the construction process. Final Revisions 7 -16 -2015 V.13 MS 15 The engineer must provide to the City of Schertz a Letter of Final Acceptance stating that the foundation has been placed in compliance with the design prior to issuance of a Certificate of Occupancy. Prior to issuance of a Certificate of Occupancy, the engineer shall provide a letter indicating that a strength test was performed on the batch of concrete and the results of the concrete strength test were consistent with the acceptable range specified in the foundation design. Copies of relevant logs or test results from the concrete manufacturer shall also be provided. After foundation construction, but prior to commencement of framing, the owner or applicant shall provide the building official of the City with a sealed certification from an engineer licensed to practice in the State of Texas and registered with the City of Schertz that the concrete has adequately cured to allow for framing of the first floor only to occur. Prior to placing any additional load on the slab the owner or applicant shall provide the building official of the City with a sealed certification from an engineer licensed to practice in the State of Texas' that the concrete has adequately cured to allow an additional load to be placed on the slab, including framing above the first floor. In no event shall this be less than 3 days after the foundation was poured. If the foundation is a post- tension foundation that it was designed after the engineer's consideration of (a) the Post - Tensioning Institute's Construction and Maintenance Manual for Post - Tensioned Slab -on- Ground Foundations, 3d Edition; (b) the Post - Tensioning Institute's Design of Post- Tensioned Slabs -on- Ground, 3d lot. Post- Tension foundations Unbonded PT Inspector, p Additionally, the PTI Level 1 or drawings, shipping lists, materia with 2008 Supplement; and the soil test conducted for the ;ted by a Post- Tensioning Institute (PTI) Level 1 or 2 a load on the slab or commencement of framing. nded PT Inspector must provide foundation design rations, jack certifications, stressing records, and concrete ost- Tensioning Institute's Construction and Maintenance Foundations, 3d Edition) to the City. the foregoing, prior to issuance of a building permit, the owner or applicant shall provide to the building official for the City a soil test (geotechnical investigation) for the lot signed, sealed, and made by a geotechnical engineer licensed to practice in the State of Texas. The soil test shall contain design recommendations. The soil test shall be conducted within the area where the building foundation is to be located and the owner shall provide a survey of the lot to the City indicating the location of the soil test. Such soil test report shall be referenced on the building permit application along with a signed and sealed statement from an engineer licensed to practice in the State of Texas that the foundation(s) on the lot was /were designed in consideration of the Final Revisions 7 -16 -2015 V.13 MS 16 results shown in the soil test report for that lot. The owner(s) of the property shall provide a letter stating that no cut or fill was done subsequent to the soil test being conducted. 1807.1(a) Foundation Walls, Retaining Walls and Embedded Posts and Poles Construction of a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing of the wall to the top of the wall, constructed on public property or to be dedicated to the City as a public improvement, as a part of the overall subdivision civil plans and the Development Permit application process, shall require submission to, and approval by, the City Engineer of the City of detailed retaining wall design plans sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction of such wall. Construction of such retaining wall shall also require submission to, and approval by, the City Engineer of the City of a sealed engineering inspection report verifying the construction of the retaining wall in conformance with the retaining wall design plans in order to close out the Development Permit. Construction of a retaining wall in excess of four (4) feet ii the footing of the wall to the top of the wall, constructed of dedicated to the City as a public improvement, as a part of shall require submission to, and approval by, the building wall design plans sealed by an engineer licensed to practica commencing construction of such wall. Construction of suw submission to, and approval by, the building official of the report verifying the construction of the retaining wall in co design plans in order to close out the building permit. bottom of e property and that will not be lding permit application process, of the City of detailed retaining ie State of Texas, prior to aining wall shall also require of a sealed engineering inspection lance with the retaining wall On lots with a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing to the top of the wall, in addition to the designated rear and side yard setbacks, a maintenance and access easement for the benefit of the adjacent property owners and the City on either side of the retaining wall, as necessitated by the design of the retaining wall and in accordance with the signed and scaled engineering plans, shall be required for retaining wall maintenance and to prevent any incursion into fill material. The required area of the easement shall vary according to the retaining wall design and adjacent property access and shall, at aminimum, include all of the fill area. Any incursion into a retaining wall fill for maintenance and construction of utilities shall require the submission to, and approval by, the building official of the City of detailed design plans, sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction on such incursion. All other incursions are prohibited." PTI Level 1 or 2 Unbonded PT Inspector is a certified individual meeting the requirements of the IBC 2012, Section 1704 Special Inspections, Contractor Responsibility and Structural Observations, Table 1705.3 Required Verification and Inspection of Concrete Construction. 1207 Sound Transmission Standards for High Noise Areas Final Revisions 7 -16 -2015 V.13 MS 17 All habitable portions of structures located within the 65 dBA as shown on Exhibit A attached, shall be designed and constructed to achieve either: 1. an outside to inside noise level reduction (NLR) of at least twenty -five (25) a- weighted decibels (dBA), or 2. be built to the standards set forth in subsection (c)(1) B. below. Options for Compliance. Compliance may be demonstrated using one of the following methods: 1. Use simultaneous noise readings of instantaneous outside and inside noise 1i accordance with ASTM E 966 to ensure the structure achieves an outside to of at least twenty -five (25) dBA; or 2. Utilize construction materials with a mini (STC) rating of forty (40), in accordance with a minimum tested or listed STC ratit in accordance with the following a. Walls. The specific exterior wall finishes set forth therein. Excep have been tested or listed with a on c)r listed sound transmission class E 90, for walls and ceilings, and and windows as specified below, low shall include the interior semblies or materials that rating of forty (40). i. Brick veneer. When exterior walls are constructed using brick veneer, a minimum of one -half (1/2) inch gypsum drywall shall be applied as the interior 'finish, or a minimum of three and one -half (3- 1/2) inches of foam insulation shall be sprayed in as allowed by the building and fire or cement sidings. When exterior walls are constructed using vinyl . lent sidings, a minimum of five- eighths (5/8) inch gypsum drywall )e applied as the interior finish, or a minimum of three and one -half ) inches of foam insulation shall be sprayed in as allowed by the and fire code. iii. Other assemblies and materials. All other exterior wall assemblies or materials shall have a tested or listed minimum STC rating of forty (40). b. Roof /Ceiling Assemblies. Roof /ceiling assemblies shall be constructed in accordance with the requirements of subsections (i) or (ii) below. Exception: Roof /ceiling assemblies or materials that have been tested or listed with a minimum STC rating of forty (40). Final Revisions 7 -16 -2015 V.13 MS 18 Ceilings with unconditioned attic space shall be insulated with a minimum of one -half (l /2) inch gypsum drywall on the interior ceiling side covered with a minimum of twelve (12) inches of blown in fiberglass insulation, or a minimum of three and one -half (3 -1/2) inches of spray foam insulation shall be applied to the underside of the roof deck as allowed by the building and fire code. ii. Ceilings without attic space above shall be insulated five- eighths (5/8) inch gypsum drywall on the interii minimum of nine (9) inches of fiberglass batt insular inch air space between the roof sheathing and the fit minimum of three and one -half (3 -1/2) inches of spi shall be applied to the underside of the roof deck as building and fire code. c. Windows. The cavity between the i insulated with fiberglass insulation frame. xith =a minimum of r side filled with a on with a one (1) ,rglass, or a y foam insulation flowed by the dow frame shall be depth of the window i. If the exterior windows and doors together comprise no more than thirty percent (30 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of thirty (30). ii. If the exterior windows and doors together comprise more than thirty percent h(30 %)abut no more than forty percent (40 %) of the total exterior wall area., all windows shall have a minimum tested or listed STC rating of thirty -two (32). iii.If the exterior windows and doors together comprise more than forty percent (40 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of forty (40). f the exterior windows and doors together comprise no more than thirty percent (30 %) of the total exterior wall area, all exterior doors shall have a minimum tested or listed STC rating of thirty (30). ii. If the exterior windows and doors together comprise more than thirty percent (30 %) but no more than forty percent (40 %) of the total exterior wall area, all exterior doors shall have a minimum tested or listed STC rating of thirty -two (32). Final Revisions 7 -16 -2015 V.13 MS 19 iii. If the exterior windows and doors together comprise more than forty percent (40 %) of the total exterior wall area, all exterior doors shall have a minimum tested or listed STC rating of forty (40). Exception: An exterior door may have a tested or listed STC rating of less than forty (40) when installed with a storm door which when combined, achieve a minimum tested or listed STC rating of forty (40). e. Mechanical Systems. Mechanical ventilation systems (HVAC) sha minimum air circulation and fresh air requirements for various use rooms without the need to open any windows, doors, or other oper, exterior. i. In- window, through -wall, or through-floor air conditioning, ventilating, or heating units may be used i£ 1) the above insulation requirements for walls, ceilings, windows and doors are implemented, or 2) walls, ceilings, windows and doors have a minimum tested or listed STC rating of forty (40). ii. Evaporative coolers may be installed if the following is implemented to reduce sound entering through the unit: 1) Insert a duct extension with at least two (2) ninety degree (90 °) "elbows" "up- ducts" in the ceiling of each room to allow of air while windows are closed. of final inspection or issuance of a certificate of occupancy, all project abmit to the Building Inspection Division, a signed statement ance with this section from an accredited third party testing agency or approval letter from a Texas Licensed Engineer. 2. A single certification statement for multiple structures in the same development maybe used as long as the structures implement the same floor plans and construction methods. Definition: Accredited is defined as certified through the National Voluntary Laboratory Accreditation Program (NVLAP) Secs. 18 -42 — 1.8 -59. Reserved. Final Revisions 7 -16 -2015 V.13 MS 20 ARTICLE 1II. - INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS Section 18 -60. Adopted The International Residential Code for One and Two Family Dwellings Code, 2012 Edition is hereby adopted with the amendments as provided for in this Article. Section 18 -61. Amendments The International Residential Code for One and Two Family Dwellings, 2012 Edition is hereby amended as follows: R101.1 Title. These provisions shall be known as the Residential Code for One -and Two - family Dwellings of the City of Schertz, Texas, and shall be cited as such and will be referred to herein as "this code." Permits. R105.2 Work exempt from permit. Exemptions from permit requirements of this code any work to be done in any manner in violation of ordinances of this jurisdiction. Permits shall not be Building: 1. Watei 5.000 shall not be deemed to grant authorization for -he provisions of this code or any other laws or required for the following: >ly upon grade if the capacity does not exceed f height to diameter or width does not exceed tiling, carpeting, cabinets, counter tops and similar motion picture, television and theater stage sets and scenery. cloth structures constructed for nursery or agricultural purposes, but including service systems. Swings and other temporary playground equipment accessory to one and two - family dwellings. 6. Window awnings supported by an exterior wall of R -3 - One and Two Family Dwellings as applicable in Section 101.2 and Group U occupancies of the International Building Code 2012 as defined in Chapter 3 - Use and Occupancy Classification. Final Revisions 7 -16 -2015 V.13 MS NJ 7. Movable cases, countertops and partition not over (5) five feet (9) nine inches in height. 8. Residential one story detached accessory structures used as tool and storage sheds, playhouses, and similar uses; provided the floor area does not exceed 120 square feet except where located in a flood hazard area. 7 a. The foundation for a detached accessory structure, storage sheds, playhouses and similar uses, if any, will require a flatwork permit; and the location and placement of the accessory structure shall comply with Article 8 of the Schertz Unified Development Code. b. Areas located in floodplain hazard areas will require permits. Residential — Replacement Fences, and Siding. Non -one and two family dwelling locations are not exempt from permits. a. The foundation for an Arbor, if any, will require a flat work permit. The arbor shall not be located in any utility easement; and shall comply with the setback requirements of Article 8 of the Schertz Unified Development Code with the exception that an arbor may be attached to the main structure. b. Areas located in floodplain hazard areas will require permits. C. Replacement Fence means replacing a like - for -like material fence in the same location as the existing fence. al maintenance work, such as replacement of lamps, sockets, fuses, - ords,, snap switches, or other similar minor repairs as may be tted by the building official or designee or assigned inspector; i of portable electrical equipment to suitable existing y installed receptacles. Replacement of a motor of the same horsepower and rating and installation of pressure devices and similar controls, when the electrical supply for the same has been properly installed by a licensed electrician. 4. The provisions of this chapter shall not apply to electrical equipment used for radio and television transmission, but does apply to equipment and wiring for power supply and the installations of towers and antennas. Final Revisions 7 -16 -2015 V.13 MS 22 Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. R105.3.1 Actio Portable heating appliance; Portable ventilation equipment; Portable cooling unit; Steam, hot or chilled water piping within equipment regulated by this chapter; Replacement of any part which does not unsafe; Portable evaporative cooler; Self- contained refrigeratiot refrigerant and actuated by make it ning ten pounds or less of horsepower or less. )ping of leaks in drains, water, soil, waste or vent pipe; provided, that if any concealed trap, drain -pipe, water, soil, waste or vent arises defective and becomes necessary to remove and replace the th new material, such work shall be considered as new work and a hail be obtained and inspection made as provided in this chapter. [ring of stoppages or the repairing of leaks in pipes, valves or and the removal and reinstallation of water closets, provided such or require the replacement or rearrangement of valves, pipes or Application. Ref: Texas Local Government Code Section 214.904 Time for Issuance of Municipal Building Permit. Final Revisions 7 -16 -2015 V.13 MS 23 In 4-. This section applies only to a permit required by a municipality to erect or improve a building or other structure in the municipality. 2. Not later than the 45th day after the date an application for a permit is submitted the municipality must; a. grant or deny the permit b. provide written notice to the applicant stating the reasons why the municipality has been unable to grant or deny the permit application: or C. reach a written agreement with the applicant providing for a deadline for granting or denying the permit. 3. For a permit application for which notice is provided under Subsection (2)(b), the municipality may grant or deny the permit not later than the 30th day after the date the notice is received. 4. If a municipality fails to grant or deny a permit application in the time required by Subsection (3) or by an agreement under Subsection (2)(c), the municipality: a. may not collect any permit fees associated with the application; and b. shall refund to the applicant any permit fees associated with the application that have been collected. Public right-of-way, alleys and easements. 'A permit shall not be given by the building official or designee or assigned inspector for the construction of any building or structure, or alteration of any building or structure that will encroach upon any right-of-way, alley, or utility or drainaize easement. Design professional. The design professional shall be an architect or engineer legally registered under the laws of the State of Texas regulating the practice of architecture or engineering and shall affix his/her seal to said drawings, specifications and accompanying data, for the following 1. All group A, E and I occupancies as defined in the IBC, Chapter 3 2. Buildings and structures three stories or more in height. 3. Buildings and structures 5,000 square feet or more in area. Final Revisions 7-16-2015 V.13 MS 24 4. All group R occupancies regardless of size as defined in the IBC, Chapter 3. a. Excluding single family residential additions and remodels not including the engineered foundation. The City of Schertz Building Inspection Division may send plans to an accredited third party review service at the City of Schertz's discretion to expedite the plan review process. R108.3 Fees Provide a copy of the contract or proposal signed by both the contractor and the per responsible for the property that the construction will occur on when requested by t] Building Inspections Division to verify the value of the work for miscellaneous acti such as remodeling, re- roofing, and foundations. R110.3 Certificate of Occupancy Issued. After the building official or designee or assigned inspector inspects a building or structure and finds no violations of the provisions of this chapter or other laws that are enforced by this department, the building official or designee or assigned inspector shall issue a certificate of occupancy that shall contain the following: 1. The building permit number; 2. The address of the structure; 3. The name and address of the owner; 4. A aescrlption or me ounamg use; 5. The name of the building official or designee or assigned inspector; 6. Edition of the code under which the permit was issued; The classification use of the structure; 8. Type of construction as defined in Chapter 6 of the International Building Code; 9. If an automatic sprinkler system is required or not; 10. Any special stipulations or condition for occupancy. 11. The Zoning District in which the occupancy is located. Final Revisions 7 -16 -2015 V.13 MS 25 R111.3 Authority to Disconnect Service Utility 1. Portable Generators for residential home use where used to remove the one or two family dwelling from the public electric utility grid permanently are prohibited. Exception: During emergency situations where authorized by the Authority Having Jurisdiction. R112 Board of Appeals The Board of Appeals is hereby repealed in its entirety. R202 Definitions. Applicable governing body as referenced wi the City Council of the City of Schertz As Built Plans are plans submitted after additions or changes that have occurred changes may require Building Division, Residential Arbors are defined as trellises an size. Arbors shall be built without a solid roof as a shadow box attached or unattachedto the anchored solidly into the sail or to a permaner environmental, conditions as established in the Service Systems are electrical, fire, R1 code adopted under this chanter shall additions or r building: when less than 200 square feet in ;; used only to support vegetation; or acting or secondary structure; or free standing tion and capable of withstanding the Tonal Residential Code. , plumbing or other services not associated with All foundations shall be designed by a, registered Professional Engineer in the State of Texas and all drawings and documentation must be signed and sealed. Design Engineers must be registered with the City of Schertz. Documentation shall include: Design letter referencing soils report numbers, date of report, and soils engineer name; specific location including lot, block and subdivision; specific design criteria including soil bearing capacity, plasticity index, and potential vertical rise. The engineer shall also approve a concrete mix design with performance criteria based on soils and seasonal conditions. Signed and sealed drawings clearly indicating the strand and reinforcement placement, pier size, depth, location, and reinforcing, beam size and location, and any special details. Design . calculations must be included. Design engineer must perform a pre -pour inspection and provide the City of Schertz with a signed Final Revisions 7 -16 -2015 V.13 MS 26 and sealed document stating that the foundation has been inspected and approved. This inspection must take place prior to requesting a foundation inspection from the City of Schertz. The design engineer shall be present during placement of concrete to verify concrete mix design and seasonal conditions during placement, and verify tensioning and elongation of cables if it is a post- tension foundation. Letter from the engineer indicating that rough grading of the lot occurred immediately after form removal to maintain drainage away from foundation during the construction process. The engineer must provide to the City of Schertz a Letter of Final Acceptance stating that the foundation has been placed in compliance with the design prior to issuance of a Certificate of Occupancy. Prior to issuance of a Certificate of Occupancy, the engineer shall provide a letter indicating that a strength test was performed on the batch of concrete and the results of the concrete strength test were consistent with the acceptable range specified in the foundation design. Copies of relevant logs or test results from the concrete manufacturer shall also be provided. After foundation construction, but prior to commencemer provide the building official of the City with a sealed cerl practice in the State of Texas and registered with the City adequately cured to allow for framing of the first floor to load on the slab the owner or applicant shall provide the 1= certification from an engineer licensed adequately cured to allow an additiona' first floor. In no event shall this be less If the foundation is a of (a) the Post- Tensic Ter lot. ling, the owner or applicant shall from an °engineer licensed to the concrete has r. Prior to placing any additional ing official of the City with a sealed practice in the State of Texas that the concrete has ,ad to be placed on the slab, including framing above the the foundation was poured. it was designed after the engineer's consideration and Maintenance Manual for Post - Tensioned i; (b) the Post - Tensioning Institute's Design of Post - with 2008 Supplement; and the soil test conducted for the Post - Tension foundations must be inspected by a Post - Tensioning Institute (PTT) Level 1 or 2 Unbonded PT Inspector prior to placing a load on the slab or commencement of framing. Additionally, the PTI Level 1 or 2 Unbonded PT Inspector must provide foundation design drawings, shipping; lists, material certifications, jack certifications, stressing records, and concrete Final Revisions 7 -16 -2015 V.13 MS 27 placement records (as described in the Post - Tensioning lnstitute's Construction and Maintenance Manual for Post- Tensioned Slab -on- Ground Foundations, 3d Edition) to the City. Prior to receiving a Certificate of Occupancy, a final survey indicating final grade elevations and verifying positive drainage away from the foundation must be submitted to the City. R401.4.3 Soil Tests Notwithstanding the foregoing, prior to issuance of a building permit, the owner or applicant shall provide to the building official of the City a soil test (geotechnical investigation) for the residential lot made by a geotechnical engineer licensed to practice in the State of Texas. The soil test shall contain design recommendations. The soil test shall be conducted within the area where the building foundation is to be located and the owner shall provide a survey of the lot to the City indicating the location of the soil test. Such soil test report shall be referenced on the building permit application along with a signed and sealed statement from an engineer licensed to practice in the State of Texas that the foundation on the residential tot was designed in consideration of the results shown in the soil test report for that lot and that no cut or fill was done subsequent to the soil test being conducted. R404.4.1 Retaining Walls Construction of a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing of the wall to the top of the wall, constructed on public property or to be dedicated to the City as a public improvement, as a part of the overall subdivision civil plans and the Development Permit application process, shall require submission to, and approval by, the City Engineer of the City of detailed retaining wall design plans sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction of such wall. Construction of such retaining wall shall also require submission to,, and approval by, the City Engineer of the City of a sealed engineering inspection report verifying the construction of the retaining wail in conformance with the retaining wall design plans in order to close out the Development Permit. Construction of a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing of the wall to the top of the wall, constructed on private property and that will not be dedicated to the City as a public improvement, as a part of the building permit application process, shall require submission to, and approval by, the building official of the City of detailed retaining wall design plans sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction of such wall. Construction of such retaining wall shall also require submission to, and approval by, the building official of the City of a sealed engineering inspection report verifying the construction of the retaining wall in conformance with the retaining wall design plans in order to close out the building permit. On residential lots with a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing to the top of the wall, in addition to the designated rear and side yard Final Revisions 7 -16 -2015 V.13 MS 28 setbacks, a maintenance and access easement for the benefit of the adjacent property owners and the City on either side of the retaining wall, as necessitated by the design of the retaining wall and in accordance with the signed and sealed engineering plans, shall be required for retaining wall maintenance and to prevent any incursion into fill material. The required area of the easement shall vary according to the retaining wall design and adjacent property access and structures and shall, at a minimum, include all of the fill area. All incursions are prohibited, including but not limited to the planting of trees, except that a fence may be constructed but shall require the submission to, and approval by, the building official of the City of detailed design plans, sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction on such incursion. Additionally motor vehicles shall not be parked within the easement. R703.7.2 Exterior veneer support, R703.7.2.1 Support by roof construction and R703.7.3 Lintels Lintels shall be attached to the wood framing above all openings wider than 2 feet by fasteners as required by the design professional prior to a framing inspection being requested. DQn^/ 1 A++.- A ..--- P2609 Installation of Materials of supporting (250) two ,pening large enough to with a walkway provided in items shall be tested at the time hall be provided with a 11. The sleeve shall be two pipe -traps with in a foundation i grade. Cellular core pipe shall be prohibited for all underground uses in all materials. The following Appendixes are adopted: Final Revisions 7 -16 -2015 V.13 MS 29 Appendix A — Sizing and Capacities of Gas Piping Appendix B — Sizing of Venting Systems Serving appliances equipped with :Draft hood, Category 1 Appliances, and Appliances listed for use with Type B Vents Appendix C — Exit Terminals of Mechanical draft and Direct -Vent Venting Systems Appendix E — Manufactured Homes used as Dwellings Appendix G- Swimming Pools, Spas and Hot Tubs Appendix H — Patio Covers Appendix J — Existing Buildings and Structures Appendix K Sound Transmission. All habitable portions of structures located shall be designed and constructed to achie, an outside to inside noise level decibels (dBA), or be built to the standards Options for Compliance. Exhibit A attached -five (25) a- weighted be demonstrated using one of the following methods: outside and inside noise levels in the structure achieves an outside to inside NLR with a minimum tested or listed sound transmission class ty (40), in accordance with ASTM E 90, for walls and ceilings, and sted or listed STC rating for doors and windows as specified below, the following construction methods: Walls. The specific exterior wall assemblies listed below shall include the interior finishes set forth therein. Exception: Exterior wall assemblies or materials that have been tested or listed with a minimum STC rating of forty (40). Brick veneer. When exterior walls are constructed using brick veneer, a minimum of one -half (1.12) inch gypsum drywall shall be applied as the interior finish, or a minimum of three and one -half (3- 1/2) inches of Final Revisions 7 -16 -2015 V.13 MS 30 foam insulation shall be sprayed in as allowed by the building and fire code. ii. Vinyl or cement sidings. When exterior walls are constructed using vinyl or cement sidings, a minimum of five- eighths (5/8) inch gypsum drywall shall be applied as the interior finish, or a minimum of three and one -half (3 -1/2) inches of foam insulation shall be sprayed in as allowed by the building and fire code. ill. Other assemblies and materials. All other exterior wall assemblies or materials shall have a tested or listed minimum STC rating of forty (40). b. Roof /Ceiling Assemblies. Roof/ceiling assemblies shall be constructed in accordance with the requirements of subsections (i) or (ii) below. Exception: Roof/ceiling assemblies or materials that have been tested or listed with a minimum STC rating of forty (40). i. Ceilings with unconditioned: attic space shall be insulated with a minimum of one -half (1/2) inch, gypsum drywall on the interior ceiling side covered with a minimum of twelve (12) inches of blown in fiberglass insulation, or a minimum of three and one -half (3 -1/,2) inches of spray foam insulation shall be applied to the underside of the roof deck as allowed by the building and fire code. ii. Ceilings without attic space above shall be insulated with a minimum of five - eighths (5/8) inch gypsum drywall on the interior side filled with a minimum of nine (9) inches of fiberglass batt insulation with a one (1) inch air space between the roof sheathing and the fiberglass, or a minimum of three and one -half (3 -1/2) inches of spray foam insulation shall be applied to the underside of the roof deck as allowed by the buildingz and fire code. between the wood framing and the window frame shall be ass insulation or foam insulation to the depth of the window frame. i. If the exterior windows and doors together comprise no more than thirty percent (30 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of thirty (30). ii. If the exterior windows and doors together comprise more than thirty percent (30 %) but no more than forty percent (40 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of thirty- Final Revisions 7 -16 -2015 V.13 MS 31 d. Doors. two (32). iii. If the exterior windows and doors together comprise more than forty percent (40 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of forty (40). i. If the exterior windows and doors together co percent (30 %) of the total exterior wall area, all minimum tested or listed STC rating of thirty (3 ii. If the exterior windows and doors tog percent (30 %) but no more than forty pc area, all exterior doors shall have a mini thirty -two (32). iii. If the exterior windows and (40). D more than thirty doors shall have a se more than thirty of the total exterior wall ar listed STC rating of more than forty doors shall have a STC rating of less than forty (40) achieve a minimum tested or (HVAC) shall provide minimum ises in occupied rooms without the D the exterior. )or air conditioning, ventilating, or walls, ceilings, windows and lave a minimum tested or listed 11. hvaporative coolers may oe mstanea it the following is implemented to reduce sound entering through the unit: 1) Insert a duct extension with at least two (2) ninety degree (90 °) "elbows" between the structure and the unit. Final Revisions 7 -16 -2015 V.13 MS 32 2) Add acoustically designed "up- ducts" in the ceiling of each room to allow proper circulation of air while windows are closed. Certification. 1. Prior to approval of final inspection or issuance of a certificate of occupancy, all project applicants shall submit to the Building Inspection Division, a signed statement certifying compliance with this section from an accredited third party testing agency or a stamped approval letter from a Texas Licensed Engineer. 2. A single certification statement for multiple structures in the used as long as the structures implement the same floor plans Accredited is defined as certified through the National V Program (NVLAP) y be Accreditation Edition, Chapters 34 National Electric s&PA) which is and corrections, pted by reference as i amendments as hrough the Texas )tions. Note - this code in no way alters or repeals any additional requirements established by any other utility companies and/or cooperative for its members and /or consumers. Section 18 -81. Amendments The National Electrical Code, 2014 Edition is hereby amended as follows: Final Revisions 7 -16 -2015 V.13 MS 33 210.11 Branch Circuits Required No more than (12) twelve duplex receptacle outlets shall be installed per circuit serving general lighting circuits. 210.11 Branch Circuits Required (C) (3) Bathroom Branch Circuits If more than one bathroom group is to be installed, the required receptacle 15/20 volt devices are to be GFCI protected. Exhaust fans and lighting shall be in com 210.12 Arc -fault Circuit- Interrupter Protection for Personnel and be located on a 210.19 Minimum Ampacity and Size No branch circuit shall have wire smaller than 14 AWG. Maxi run is limited to (120) one hundred and twenty feet or a 5% vo Branch - Circuit Ratings 210.1.9 Conductors — Minimum Ampac 4. This does not prohibit smaller wire for circuits 90 volts. and 210.52 Dwelling Unit Receptacle Outlets No more than (4) four duplex receptacle outlets per ki Refrigerators, freezers, microwa shall be located on dedicated im Ground -Fault Circuit - Interrupter Protection as needed. Garbage F counter top circuit. 210.52 Dwelling Unit No outlet, from the i 230.71 Maximum Nu circuit. t- ampere 1.25 nce with ferent circuit. 14 AWG Article II ial Note No. circuits. dishwashers, garbage compactors, and washing machines aal circuits. Such receptacle outlets shall comply with 210.8 tection for Personnel and 210.1.2 Arc -Fault Circuit- Interrupter sals shall be permitted to be on the same circuit for a kitchen Bathrooms outlet shall be closer than 5 feet to a shower or bathtub be individually metered. of Disconnects An exterior disconnecting means shall be provided at each building serviced where more than two circuits supply the structure. A shunt trip device designed to de- energize the service disconnect equipment at all load side connections, is acceptable on the exterior of the structure at a location approved by the City of Schertz as an alternative means of disconnection. Secs. 18 -82 —18-99 Reserved. Final Revisions 7 -16 -2015 V.13 MS 34 Section 1.8 -100. Adopted The International Fuel Gas Code, 2012 . Edition is hereby adopted with the amendments as provided for in this Article. Section 18 -101. Amendments The International Fuel Gas Code, 2012 Edition is hereby amended as 101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of S( hereinafter referred to as "this code." 109 Means of Appeal Means of Appeal is hereby repealed in its entirety. The following appendixes are adopted: Appendix A (IFGS) — Sizing and Capacities of gas piping system, or special appliance, or for c provided in the code, such as longer runs, great of each gas piping system shall code official. Appendix B (IFGS) Sizing Category 1 Appliance and Terminals of Mechanical 1' provided for in as follows: for any han those covered by the tables or greater pressure drops, the size leering practices acceptable to the ,icing Appliances Equipped With Draft Hoods, e With Type B Vents Appendix C (IFGS) Exit Venting Systems. MECHANICAL CODE Mechanical Code, 2012 Edition is hereby adopted with the amendments as Section 18 -121. Amendments The International Mechanical Code, 2012 Edition is hereby amended as follows: 101.1 Title. These regulations shall be known as the Mechanical Code of the City of Schertz, Texas, hereinafter referred to as "this code." Final Revisions 7 -16 -2015 V.13 MS 35 109 Means of Appeal Means of is hereby repealed in its entirety. Secs 18 -122 — 18 -139 Reserved. ARTICLE VII. - INTERNATIONAL PLUMBING CODE Section 18 -140. Adopted The International Plumbing Code, 2012 Edition is hereby adopted with provided for in this Article. Section 18 -141. Amendments The International Plumbing Code, 2012 Edition is hereby 101.1 Title. These regulations shall be known as the International P Schertz, Texas hereinafter referred to as "this code." 109 Means of Appeal Means of Appeal is hereby repealed in its 305.3 Pipes Through Foundation Walls the city of Any pipe that passes under a footing or through a foundation wall shall be provided with a relieving arch, or a pipe sleeve shall be built into the foundation wall. The sleeve shall be two pipe sizes greater than the pipe passing through the wall. Pipes used for p -traps with in a foundation shall not be located within footings or beams. 305.4.1 All building sewers shall be a minimum of 12 inches below finished grade. 311.1 Toilet Facilities for Workers Portable toilets shall be provided for construction sites so that the path of travel to such facilities shall not exceed 500 feet. Exception: A single portable toilet may be used for small individual construction jobs when approved by the building official. 312.10.2 Testing - Exception: Backflow prevention devices used for residential lawn sprinkler systems shall be tested at the time of installation, immediately after repairs or relocation Table 702.3 Building Sewer Pipe Cellular core pipe shall be prohibited for all underground uses in all materials. . Final Revisions 7 -16 -2015 V.13 MS 36 The following Appendixes are adopted: Appendix B — Rates of Rainfall for Various Cities Appendix C — Vacuum Drainage System Appendix D — Degree Day and Design Temperatures Appendix E — Sizing of Water Piping System Appendix F — Structural Safety Secs. 1.8 -142 —18 -159 Reserved. ARTICLE VIII. - INTERNATIONAL PROPERTY Section 18 -160. Adopted The International Property Maintenance Code, 2012 with the amendments as provided for in this Article. Section 18 -161. Amendments The International Property 101.1 Title. These regulations shall the City of Schertz, Texas, hereinaf 112 Means of A Means of Appea 302.4 Weeds. A growth in excess 302.7 Accessory Code, 2012 Editi its Ci by amended as follows: as the International Property Maintenance Code of to as "this code." property shall be maintained free from weeds or grass All Accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. No accessory structure shall be more than twenty (20) degrees out of vertical (using an (8) eight foot level) along any 20 feet of wall surface to obtain an accurate determination of the degrees from vertical. Fences and walls twenty (20) degrees or more in each directional run (vertical or horizontal) shall not have more than twenty -five (25) percent of any directional run (vertical or horizontal) to be of Final Revisions 7 -16 -2015 V.13 MS 37 decayed or damaged material. The following Appendix is adopted: Appendix A — Boarding Standard Secs. 18 -162 —18 -179 Reserved. ARTICLE IX. - INTERNATIONAL ENERGY CONSERVATION CO Section 18 -180. Adopted. The International Energy Conservation Code, 2009 Edition is hereby amendments as provided for in this Article. The State of Texas will mandate all future code editic Energy Conservation Office (SECO) as to the date of Section 18 -181. Amendments The International Energy Conservation C101.1 Title. This code shall be known as the In of Schertz, Texas, and shall be cited as such. It is C109 Board of Appeals The Board of Appear is Secs. 18 -182 —18 -199 R ARTICLE X. - MANIT The Manual of Ci published Octobe University of Sou Connection Code shall appear. the 's State amended as follows: Conservation Code of the City as "this code." : K�.10 Z 11 ass- Connection Control by the University of Southern California, Tenth edition 2009, by the Foundation for Cross - Connection Control and Hydraulic Research, iern California, is hereby adopted and incorporated as the Backflow and Cross - &the City of Schertz, Texas, subject to and including by reference as herein Section 18 -201. Amendments The Manual of Cross - Connection Control, Tenth Edition, October 2009 is hereby amended as Final Revisions 7 -16 -2015 V.13 MS 38 follows: Irrigation Back Flow Device Location The residential irrigation RP or PVB shall be located immediately adjacent to the residential structure and shall be located a minimum of twelve (12) inches above the highest lawn sprinkler head. A Ground Fault Circuit Interrupter receptacle that is weather proof while in operation is recommended to be located immediately adjacent to the back flow device for the installation of a heat tape to prevent freezing. A rain sensor(s) shall be installed on all The Commercial irrigation RP and PVB or other approved back flow from traffic if not located immediately adjacent to the structure and s twelve (12) inches above the highest lawn sprinkler head. A Ground ; receptacle that is weather proof while in operation is recommended tt adjacent to the back flow device for the installation of a heat tape to I protection shall be considered in all designs. A rain sensor(s) shall t Any RP or PVB located in a flood plain shall be 1 foot designed in such a way that will prevent floodwaters f components and to additionally ensure that floodwater supply system. (Ref: FEMA 348 November 1999) Adopting the backflow and cross - connection requireme of the requirements of the International Plumbing Code. 18 -202 — 1.8 -219 Re ices shall be protected be located a minimum of t Circuit Interrupter located immediately ant freezing: Freeze stalled on all systems. Flood Elevation (DFE) or ,umulating within system taminate the potable water way shall appeal or set aside any G POOL AND SPA CODE Pool and Spa Code, 2012 Edition is hereby adopted with the n this Article. Amendments The International Swimming Pool and Spa Code, 2012 Edition is 101.1 Title. These regulations shall be known as the International Swimming Pool and Spa Code of the City of Schertz, Texas, hereinafter referred to as "this code." 108 Means of Appeal Means of Appeal is hereby repealed in its entirety. Final Revisions 7 -16 -2015 V.13 MS 39 The following Appendixes are adopted: MMM Appendix B: Field Checklist for identifying Suction Entrapment Hazards shall be completed by the pool installer or his or her authorized agent. The information in the Appen all be provided to the Inspector for final approval. Section 18-240. Adopted The International Existing Building Code, provided for in this Article. Section 18-241. Amendments The International Existing Building 101.1 Title. These regulati City of Schertz, Texas, her 2012 Edition be known as WITIM th the amendments as by amended as follows: Existing Building Code of the Any person, firm, corporation or agent who shall violate a provision of this chapter, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish, or move any structure, electrical, gas, mechanical or plumbing system in violation of the detailed statement or drawings submitted and permitted thereunder, shall be guilty of a misdemeanor. Such persons shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed or continued, and upon conviction of any such violation such person shall be punished by a fine of not more than five hundred dollars ($500.00) for each offense unless said violation is a violation of a regulation governing fire safety or public health and sanitation then by a fine of not Final Revisions 7-16-2015 V.13 MS 40 more than $2,000.00 for each offense. All such violations shall be prosecuted in accordance with Section 1 -8 General penalty for violations of Code; continuing violations of the Schertz Municipal Code of Ordinances. 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. 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 5. That all rights and privileges of the City are expressly saved as to any and all violations of the provision of any ordinances repealed by this ordinance which have accrued at the time of the effective date of this Ordinances; and, as to such accrued violation and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 6. 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 7. 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 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. ATTEST: City Secretary, Brenda Dennis G, the day of 15. 2015. ON SECOND READING, the CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter (CITY SEAL) Final Revisions 7 -16 -2015 V.13 MS 41 EXHIBIT A Evaluation of Zoning within Airfield Noise Contours JBSA Randolph Final Revisions 7-16-2015 V.13 MS 42 Schertz - Universal State of Texas Proposed Code New Braunfels San Marcos Georgetown Temple Pflugerville Cibolo Live Oak Selma San Antonio City Mandates Amendments 2015 ICC and NFPA 2009 ICC IBC, IRC, IFGC, 2015 ICC 101 Life 2006 except for the except for the IRC 2000, IBC IMC,IEBC, IFC, except for 2015 ICC Safety IEBC which was not 2015 except for IEBC which 2003, IPC, UPC IPMC 2012 Adopting the and NFPA Code 2014 adopted /No the IEBC which 2012 ICC was not 2012 ICC 2012 ICC 2015 ICC and IFGC 2012, Swimming Pool 2015 UPC Life Safety and the Swimming Pool was not adopted adopted /No NFPA 99 2011 and Spa Code and UMC Code 2014 ICC Code Swimming ADA 2010 2012 2015 Performan Pool Code ce Code 2015 NEC 2014 2005 2014 2014 2008 2011 2011 2014 2014 2011 2014 2014 IECC 2009 2009 2009 2000 2009 2012 2015 2015 2015 2012 2015 2009 Residential Foundations require an Foundation Form Surveys Engineer to state YES, similar NO NO NO NO NO NO NO NO Requirements (Batter Boards) the foundation is to Schertz exactly installed as designed per plans Design Professional Manufactured Texas Texas Texas Required for Building Foundation Foundation NO Foundations Only NO Licensed Licensed NO Licensed NO Residential Foundations Only Only Designer Designer Designer Remodels & Only Additions Restrict Portable Generators for NO NO NO NO NO NO NO NO NO NO NO Permanent Residential Use Exterior Disconnection YES YES NO YES YES YES YES NO NO YES NO Means Allow 14 gauge NO NO YES YES NO YES NO YES YES YES YES wire Special Requirements for NO YES YES YES NO NO NO NO NO YES NO Kitchen Circuits Sound Ordinance NO NO NO NO NO NO YES NO NO YES NO Restrict Sch 40 Cellur Core to NO NO NO NO NO YES NO YES NO NO NO above grade Swimming Pool NO FEDERAL YES NO NO NO NO NO YES NO NO NO Code POOL LAW Appendices YES YES YES YES YES YES YES YES YES YES NO RED LINE^> MARK -t l ORDINANCE NO. 15-C-20 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS BY REPEALING EXISTING INTERNATIONAL CODES AND ADOPTING NEW INTERNA TONAL CODES; PROVIDING FOR A PENALTY WHEREAS, the Texas Local Governmental Code empowers the cities to enaetbuilding codes and regulations and provide for their administration, enforcement, and amendment; and WHEREAS, the regulation of building and building construction by "City ") is necessary to protect the public health and welfare; and,,,'. WHEREAS, the City Council of the City desires to the City through regulation of construction activities WHEREAS, the City has previously adopted multip WHEREAS, more recent international codes Have b Committee; and WHEREAS, City Staff has undertaken a review of compared to the City's existing codes; and WHEREAS, City Staff r certain amendments; and WHEREAS, City amendments to the WHEREAS, tho l', activities set forth hA the citizens of Code international codes as codes provided for herein along with national codes provided for herein along with their Commission (the "P &Z ") on , _; and I approval of the provisions regulating construction on date; and Revised 7 -16 -2015 V.13 [GSABA] and MS 1 WHEREAS, the City Council has determined that the regulation of construction activities in the City, as set forth herein, is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Repealer. Chapter 18, "Buildings and Building Regulations" of the Co of Ordinances, City of Schertz, Texas, Articles I — X are hereby repealed. 1 z'� 1 Section 2. Amendments. Chapter 18, `Buildings and Building Regulatio i"f the ale of Ordinances, City of Schertz, Texas, is hereby amended to read as follo Wr ARTICLE I. — IN GENERAL Section 18 -1. Scheduling Inspections (a) Posting permit and plans. Work requiring a permitshall not comtnenceuhtil the permit holder or his agent posts the Inspection card and plans in a conspicuous place on the premises. The Inspection card and plans shall be protected from the weather acid located in such a position as to permit the building official or designee or assigned inpector to conveitienfly make the required entries thereon. The permit holder shall maintain the Inspection oard:and plans .in such position until the certificate of occupancy or completion ee,rtificate is "issued by the building official or designee or assigned inspector. (b) Inspection Requirements. A 24 4rpur notice is required befurean inspection is desired, excluding Saturdays, Sund and Holidays. To insure a'24-hour service, all inspections must be called in by 4:00 p.m. Monde � ,. ngh Friday and shall include the permit number, address of the inspection site, coot ' mform`4 on ; ofthc requester, and type of inspections being requested. Any Inspections requested b ynab be perf��e4 on the requested day shall be given priority on the next busin If a re -1 qn has eeri'ea(l (r and the second inspection revealed that the original turn down iterrk )i ve not' co% red in-4it or in whole, a 72 -hour hold on the failed segment may 1- be glen before an er re ection will be made. Each subsequent fail on the same re- inspection pnav�; g chedullno s "oponer than 72 —hours which will not include weekends or holiday time nerio� Section 18 -2 Reding Contractors Registration. It shall be the duty of every contractor who shall make contracts for the construction, erection, alteration, repair, moving, demolition, installation or replacements of any building, structure, swimming pool, or sign, whether permanent or temporary, obtain all the necessary permits. Such contractor shall be registered by the City of Schertz. Revised 7 -16 -2015 V.13 [GSABA] and MS 2 Insurance required. It shall be the duty of all contractors who practice their craft within the City of Schertz, Texas to show proof of general commercial liability insurance for claims for property damage, or bodily injury regardless of whether the claim arises from a negligence claim or on a contract claim. Coverage amount of liability insurance shall not be less than $300,000.00. The insurance shall run for a concurrent term with the registration. Application. A written application for a contractor's registration the building official or designee or assigned inspector on a forme along with the required initial fee and evidence of qualification" • Required initial fee; • Renewal fee as applicable; • Completed application; The building official or designee or assigned inspectors?k6tbin 30 t the completed application, will issue the or give a writi reasons for refusal. Renewal. All renewals shall be due January 1, of each,year. Failur days after the renewal data ;will require the applicant to reapply' for �:.. initial fee rate. J to city he receipt of setting out the to renew within 30 registration at the Revocation. Any r10- �I lJon issued under this section may be revoked by the building official or des �gnee ssi inspector ftir,faildre to remedy unsatisfactory work, violations of tit hapter,�,1 l t obtatri permits; or failure to obtain proper inspections in addition,''' ', � d�taonal ties prcvictetl by this ordinance. �gistration has been denied or revoked, may appeal to the within 30 days, in writing along with an established filing No person shOt repair or remove electrical wiring or devices unless he is licensed as an Electrical Contrde"Wr issued by the State of Texas who employs any of the listed tradesmen as established by the Texas Department of Licensing and Regulations i 171,RJ. A licensed master, sign master, journeyman, sign journeyman, residential wireman, or journeyman lineman must directly supervise work done by an apprentice or sign apprentice. Directly supervise is defined as follows: Revised 7 -16 -2015 V.13 [GSABA] and MS 1. Where a single family or duplex residential structure is under construction. The supervisor shall be on the property while any electrical work as defined by TDLR Rules and Law is underway. 2. Where a commercial or industrial project is under construction. The supervisor shall be not less than one supervisor per 50,000 square feet or each story above the first floor or sub -floor over 50,000 square feet and shall be on the property wl`any electrical work as defined by TDLR Rules and Law is underway. M Exception: 1. A registration is not required of a homeow who i ) oI ical work on his own home. The homeowner may receive help from of tci such k, provided that the principal occupation of the person gry`eI'�Inot tt of an'lect dal contractor or electrician. 2. A registration is not required of a persoh' ho is h d as a full -time employee to perform normal maintenarl . excluding alter - s ar additions of electrical systems in p. la 71 t commercial establishments, 7 pf yided that the peat i1does not work as an electrician or electrical contractot,1hr,the Lei i public. ne All vr OvalshI 'be due January 1, of each year. Failure to renew (180) one dread eighty days after the renewal date will require the app }7[' R i annl 'for re4 ' strau"6 at the initial fee rate. R60 tion. Any Registration issued under this section may be official �' ,designee or assigned inspector for failure to remedy 1 violation o`the electrical code, failure to obtain a permit or fail( inspections in addition to any additional penalties provided by i shall also be filed with the TDLR Te�as��epaamri�� f ieeni� building official or designee or assigned inspector. Insurance required. It shall be the duty of all electrical contra( Revised 7 -16 -2015 V.13 [GSABA] and MS scant to building rliant work, -caper A complaint iun by the who practice their 4 Se( craft within the City of Schertz, Texas to show proof of general liability insurance for claims for property damage, or bodily injury regardless of whether the claim arises from a negligence claim or on a contract claim. Coverage amount of liability insurance shall not be less than the amount mandated by the Texas Department of Licensing and Regulation Administrative Code Chapter 73.40 Insurance Requirements. 1. Electrical contractors, electrical sign contractors, and residential ap iance installation contractors are required to maintain at least the mm general liability insurance coverage at all times to satisfy proof of fmar ial responsibility. 2. 3. a. the insurance must be at least $300,000 per c damage and bodily injury); b. be at least $600,000 aggregate (total amount damage and bodily injury coverage); and c. 9be at least $300,000 aggregate for "4 A license applicant or licensee shall file T of insurance or other evidence., Y for initial and renewal license and upon uef Proof of the required general liabil y, and be submitted on an,industry standard Bert day cancellation notice. Workers' compbu by a certificate of authority to self - insure, elected not tier obtain workers' compensate will j* ' for property and a cotnp, leted certificate 1h, pat iclu,;when applying the d6trtment. *),i ers' inpensation insurance can ate of insurance form with a 30- tion coverage may be esiablished an applicant may state that ithas coverage. 4. A liceti d contractor shall furnish the name of the mberi2 e, address, and telephone number of t actor ,is, insured to any customer wl It shall be the duty of all mechanical contractors who "practice their craft within the City of Schertz, Texas to show proof of state license and insurance as required by the Department of Licensing and Regulation, as;refereneed in State Law, Article 8861, IDLE- ACR- 75.11/v.1/93. Insurance required. It shall be the duty of all Mechanical contractors who practice their craft within the City of Schertz, Texas to show proof of general liability insurance for Revised 7 -16 -2015 V.13 [GSABA] and MS 5 Revi claims for property damage, or bodily injury regardless of whether the claim arises from a negligence claim or on a contract claim. Coverage amount of liability insurance shall not be less than the amount mandated by the L n ��u'a " n _ CTDI)_Administrative Code Chapter 75.40 Contractor Insurance Requirements. 1. Class A licensees must maintain commercial general liability insurance at all times during a license period: a. of at least $300,000 per occurrence (combined for pro ' age and bodily injury); NO- b. of at least $600,000 aggregate (total amount thep wil�pay for property damage and bodily in co age), C. of at least $300,000 aggregate for products cl � pleted� prations. 2. Class B licensees must maintain during a license period: times 6 the general public. 7. A licensee or an air conditioning and refrigeration contracting company must furnish the name of the insurance carrier, policy number, name, address, and telephone number of the insurance agent with whom the licensee or company is insured to any customer who requests it. State law reference— State license requirements for air conditioning an4,�,t�ffigeration contracting, Tex. Occupations Code, § 1302.251 et seq.; municipal h,sh and regulation of air conditioning and refrigeration contracting, Tex. Occupatio bode, §§ 102.301— 1302.303. Section 18 -5. Plumbing Registration. It shall be the duty of all plumbing contractors who practi&�h � raft wit i the City of Schatz, Texas to show proof of state license an ranee a�'requi th exas State Board of Plumbing Examiners in accord e with e nil i'vil S7 f'es, Article 6243 -101. Plumbing Supervision: A master, journey man, residential utiliti may directly supervise not 'more than eight r' construction and not more l „'_ four apprer Directly supervise r.,ined as M structure is under construe The,ipsot shall be on the property while any plup%bin as deed bye as State Board of Plumbing Examiners Rules and La ,as i1��r�1 here �a'' mmexiti'or industrial project is under construction. The su isor' 11 be not less than one supervisor per 50,000 square feet or each st abo e the first floor or sub- floor,over 50,00 square feet and shall bee "ohe property while any plumbing work as defined by TSBPE K.ules and Law is underway. Insurance required. It shall be the duty of all Plumbing contractors who practice their craft within the City of Schertz Texas to show proof of general liability insurance for claims for property damage, or bodily injury regardless of whether the claim arises from a negligence claim or on a contract claim. Coverage amount of liability insurance shall not be less than the amount mandated by the Texas Board of Plumbing Examiners Board Rules, Section 367.3 Requirements for Plumbing Companies, Responsible Master Plumbers_ Revised 7 -16 -2015 V.13 [GSABA] and MS W RMP ; Certificate of Insurance. 1. The Certificate of Insurance must: a. Be written by a company licensed to do business in this state; b. Provide for commercial general liability insurance for the RMP Responsi Ma4ep-P-lumbef for claims for property damage or bodily u y, regardless of whether the claim arises from a negligence claim or "v ontract claim an d shall include all types of plumbing that will be wormed Crider the RMP's license, including, but not limited to: i. Liquefied petroleum gas (LPG) ii, Medical gas plumbing; and iii. Multipurpose Revised 7 -16 -2015 V.13 [GSABA] and MS and c. Be in a coverage amount of not less than $300,000.00 for all claims arising in any one -year period; d. State the name and license number of the Master Plumber for whom the coverage is provided; e. State the name of the plumbing company for which the Mastpf, Plumber is acting as the RMP. i. Insurance coverage specified in part (a) of this'subsdction, shall be maintained at all times during which a Master Plumber acts' -as a RMP. Section 18 -6. Board of Appeals Appeals of orders, decisions or defy application and interpretation of the as established under the UtQ1W De Committees—Does-44+ is € Secs. 18 -7 —18.39 ARTICLK11. — 8 -40. ions made'l {he,4 Iding official relative to the adopted in tblslriapter shall be to the Board of Appeals sent Code, Article 3, Boards, Commissions and CODE The In af, t Buie jng C' de 2012 Edition is hereby adopted with the amendments as provided for in thrs ilcle.. Section 18 -41. The International Building Code, 2012 Edition is hereby amended as follows: 101.1 Title. These regulations shall be known as the Building Code of the City of Schertz, Texas, hereinafter referred to as "this code." Revised 7 -16 -2015 V.13 [GSABA] and MS 9 Permits. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: �`f[1 Building: 1. Water tanks supported directly upon grade if the city does ri exceed 5,000 gallons and the ratio of height to diameter' th dgIes not Deed two to one. ..e r C' 2. Painting, papering, finish work. 3. Temporary 4. Shade clod not includil 5. Swings and Two l+atuily I occupancies c Chapter - U 7, Movable case L � " s ,t J a. b. r1 cabinet; co%lr tops d similar i an theatege sets and scenery. purposes, but accessory to one and rted by an exterior wall of R -3 - One and as applicable in Section 101.2 and Group U national Building Code 2012 as defined in ,uoancv Classification. countertops and partition not over (5) five feet (9) nine #the story detached accessory structures used as tool and 1s, playhouses, and similar uses; provided the floor area does 120 square feet. s The foundation for a detached accessory structure, storage sheds, playhouses and similar uses, if any, will require a flatwork permit; and the location and placement of the accessory structure shall comply with Article 8 of the Schertz Unified Development Code. Areas located in floodplain hazard areas will require permits. Revised 7 -16 -2015 V.13 [GSABA] and MS 10 9. Residential — Replacement Fences, Siding, and Arbors. Non -one and two family dwelling locations are not exempt from permits. a. The foundation for an Arbor, if any, will require a flat work permit. The arbor shall not be located in any utility easement; and shall comply with the setback requirements of Article 8 of the Schatz Unified Development Code with the exception that", harbor maybe attached to the main structure. b. Areas located in floodplain hazard areas wl equire perm C. Replacement Fence means replacing a like rk terial fe**ir 7 the same location as the existing f6p„;. Electrical: 1. Normal maintenance work, sucli'afeplasment ofmps, sockets, fuses, drop cords, snap switch ) ier o� � # , r, rs as may be permitted by the build g otti I f,desl ee or'as jlgned inspector; T" �,�2 2. Connection,ofportable e�' acal equtpent ttuitable existing permanently installed recep S 3. Replacement ofa motor of the SAIi 6rsepower and rating and installation of pressure devices and similar controls, when the electrical supply for the same h gbee�,:Ooperly installed by a licensed electrician. "t"he provisions ofthts ghater shall not apply to electrical equipment used TIN for radio and Television` ansmission, but does apply to equipment and vViring fbT,pmAicr supply and the installations of towers and antennas. S l� ��'?i'ortab ,heating appliance. � l� 2. lIg acement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance; 2. Portable ventilation equipment; 3. Portable cooling unit; Revised 7 -16 -2015 V.13 [GSABA] and MS 11 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this chapter; 5. Replacement of any part which does not alter its approval or make it unsafe; 6. Portable evaporative cooler; 11 7. Self-contained refrigeration system containing tennds or of refrigerant and actuated by motors of one horsep "ni r or less. 11 Plumbing:f 1. The stopping of leaks'in drains, !water, soil tf,vent provided, ' . however, that if any concealed tray, in plpe?,wate} w or vent pipe becomes defective and becs s ssary iov� aid replace the same with new, material, such woi hal c re d as new work and a permit shall be obtained, d;in pect ia pro ided in this chapter. 1 nn les my to a permit required by a municipality to erector impr€ a nil pr Sther structure in the municipality. 2rits- _ i tieil a,.. t 1�:� thaii'e 45th kcalenclariday after the date an application for a permit r "is submrtli the municipality must; - �' I lj grant or deny the permit: b. provide written notice to the applicant stating the reasons why the municipality has been unable to grant or deny the permit application: or C. reach a written agreement with the applicant providing for a deadline for granting or denying the permit. Revised 7 -16 -2015 V.13 [GSABA] and MS 12 3. For a permit application for which notice is provided under Subsection (2)(b), the municipality may grant or deny the permit not later than the 30th day after the date the notice is received. 4. If a municipality fails to grant or deny a permit application in t]'e required by Subsection (3) or by an agreement under Subsection c municipality: ; I" a. may AVRnot collect any permit fees associated wifh]e a�lication, an b. shall refund to the applicant any permit few (�ssated wt the application that have been collected. ��ho Public right -of -way, alleys and easements. N crmit""'0alI not "00--liven fi` "the building official or designee or assigned inspector for the ei tip #pn of a building or structure, or alteration of any building or struck ft.l enct ch iit any'right -of- -way, alley, or utility or drainage easement. �� 107.3.4 Design professional in responsible cha The design professional shall be an architect of L�� der legally registered under the laws of the State of Texas regulating the practice a rchitecture or engineering and shall affix,hisfher seal to said drawings ecifications and accompanying data, for the following: 1. All gimp A, E a fl I o ,pan ci defined in the IBC, Chapter 3. 2 BIdfn end °�uct" three stories or more in height. IN 3 ildm and ses 5,000 square feet or more in area. 4;, 1,411, R upancies regardless of size as defined in the IBC, Chapter 3 , Excluding single family residential additions and remodels not including the engineered foundation. The City of Schertz Building Inspection Division may send plans to an accredited third party review service at the City of Schertz's discretion to expedite the plan review process. 109.2 Fees Revised 7 -16 -2015 V.13 [GSABA] and MS 13 Provide a copy of the contract or proposal signed by both the contractor and the person responsible for the property that the construction will occur on when requested by the Building Inspections Division to verify the value of the work for miscellaneous activities such as remodeling, re- roofing, and foundations. 111.1 Use and Occupancy New Certificate of Occupancy for Existing Structures. A certificate of occu y'is required of all commercial or industrial establishments and must be applied for prior to o a# c, of the space. A new certificate is required if a business is relocated, ownership hanged " boriupancy use and classification is changed or the name of a business is changed. } tificates of Oced ancy are not transferable. 'N. The building official or designee or assigned inspector along with'ny;'° er citff required, shall inspect the building or structure and finding no violations of thproit us of ' �s code or other laws that are enforced by the Departments of De %wit Servermg, Fire, Parks or Health and all applicable fees are paid, a certificate' �ccupcy sha ' e issued: 111.2. Certificate of Occupancy Issued �;� After the building official or designee or assi inspectspe a building or structure and finds no violations of the provisions of this chapter r other is thare enforced by this department, the building official designee or assigr% ins for shall issue a certificate of occupancy that shall contain the foiping: lri 1. The bi i ilina Derini6 umber: the owner; that portion of the structure for which the certification is approved City of Schertz Zoning determination. building official or designee or assigned inspector; ode under which the permit was issued; m of use and occupancy in accordance with the provisions of Chapter 3 of International Building Code; 8. Type of construction as defined in Chapter 6 of the International Building Code; 9. The design occupant load; Revised 7 -16 -2015 V.13 [GSABA] and MS 14 10. If an automatic sprinkler system is required or not; 11. Any special stipulations or condition for occupancy. 12. The Zoning District in which the occupancy is located. 113 Board of Appeals The Board of Appeals is hereby repealed in its entirety: ff.'$ 202 Definitions. Applicable governing body as referenced within any code ado under t �t '�ter shall the City Council of the City of Sehertz As Built Plans are plans submitted after the building is� � ete sl ing teratil ns, additions or changes that have occurred after constru ha` dun. feratzo; additions or changes may require Building Division approval. arrrxs'ee«eerasetscsre�sessr Service Systems are electrical, fiiiechanical, plumtt tither services not associated with structural elements. `� 508.4.4 Separation Individual occupanci Oall be arcfom�jacent occupancies in accordance with Table 508.4 but in � shall h ire er be i s than (1) one hour where permitted with or without an automatic sari "ste ,. All fouu4lo 9 shall 'N esigned by a registered Professional Engineer in the State of Texas and all drawin g d documntation must be signed and sealed. Design Engineers must be registered with the City o chertz. Documentation shall include: Design letter referencing soils report numbers, date of report, and soils engineer name; specific location including lot, block and subdivision; specific design criteria including soil bearing capacity, plasticity index, and potential vertical rise. The engineer shall also approve a concrete mix design with performance criteria based on soils and seasonal conditions. Signed and sealed drawings clearly indicating the strand and reinforcement placement, pier size, Revised 7 -16 -2015 V.13 [GSABA] and MS 15 depth, location, and reinforcing, beam size and location, and any special details. Design calculations must be included. Design engineer must perform a pre -pour inspection and provide the City of Schertz with a signed and sealed document stating that the foundation has been inspected and approved. This inspection must take place prior to requesting a foundation inspection from the City of Schertz. The design engineer shall be present during placement of concrete to verify concrete mix des tand seasonal conditions during placement, and verify tensioning and elongation of cables if . ,'a post-tensi on foundation. Letter from the engineer indicating that rough grading of the lot removal to maintain drainage away from foundation during the The engineer must provide to the City of Schertz a Letter of Final foundation has been placed in compliance with the deslr for to Occupancy. Prior to issuance of a Certificate of Occupancy t � strength test was performed on the batch of g etete �a were consistent with the acceptable range spe *ed in logs or test results from the concrete manufactu'hz After foundation construction, but- provide the building official of the practice in the State of Teka `I d Y adequately cured to allow fofaii additional load on the flab the with a sealed certifcatillrom a to a sealed that the Icate of vide ` ,letter indicating that a F', ncrete strength test design. Copies of relevant ang, the owner or applicant shall from an engineer licensed to �tdr� with the City of Schertz that the concrete has of the st `� r only to occur. Prior to placing any hehall provide the building official of the City hee nsed to practice in the State of Texas that the concrete has adiiqii cufv, to atl y an additional load to be placed on the slab, including framing a6 Vq the "ll eV t shall this be less than 3 days after the foundation was 1 { poured z,`` If the p ndat� 1 e� ,post ion foundation that it was designed after the engineer's consideration of (a) th 1- ensi0 ° Institute's Construction and Maintenance Manual for Post - Tensioned i s Slab -on Gr " *d Foundations, 3d Edition; (b) the Post - Tensioning Institute's Design of Post - i Tensioned Sla ion- Ground, 3d Edition with 2008 Supplement; and the soil test conducted for the lot. Post- Tension foundations must be inspected by a Post - Tensioning Institute (PTI) Level l or 2 Unbonded PT Inspector prior to placing a load on the slab or commencement of framing. Additionally, the PTI Level 1 or 2 Unbonded PT Inspector must provide foundation design drawings, shipping lists, material certifications, jack certifications, stressing records, and concrete Revised 7 -16 -2015 V.13 [GSABA] and MS 16 placement records (as described in the Post - Tensioning Institute's Construction and Maintenance Manual for Post - Tensioned Slab -on- Ground Foundations, 3d Edition) to the City. 1803.1.1 General. Notwithstanding the foregoing, prior to issuance of a building permit, the owner or applicant shall provide to the building official for the City a soil test (geotechnical investigation) fp� the lot signed, sealed, and made by a geotechnical engineer licensed to practice in the of Texas. The soil test shall contain design recommendations. The soil test shall be conduct 1 the area where the building foundation is to be located and the owner shall prove i, U y "the lot to the City indicating the location of the soil test. Such soil test report shall bd derenced on th Wl ilding permit application along with a signed and sealed statement from an engirt lie ed to prt cc in the State of Texas that the foundation(s) on the lot was /were ed in c ration of the results shown in the soil test report for that lot. The owner(s) of thert� shal�tovide a letter stating that no cut or fill was done subsequent to the soileing c uctei? p 1807.1(a) Foundation Walls, Retaining Walls and L"pedd'Posts'd Poles Construction of a retaining wall in excess of t in, ht, 6 a red from the bottom of the footing of the wall to the top of the wall ` nstructe ta.pu4 ,,,iprop6 or to be dedicated to the City as a public improvement, as a part oft',"" tiverall su ivisio civil plans and the Development Permit application process, shall req submi 'ion to, and approval by, the City �, Engineer of the City of detailed resting wall design s §,, "i 1cd by an engineer licensed to practice in the State of Texas, prior tit. mmeneing con 0 ion of such wall. Construction of such retaining wall shall also req�','�` , ioti,,to, and approval by, the City Engineer of the City of a sealed engineering inspectioijep€enfyhe struction of the retaining wall in conformance with tlietaining all �� pl,1� order to close out the Development Permit. Construction d `taming 11 In cess of our (4) feet in height, as measured from the bottom of kh the footing f th a ai 't t, of th wall, constructed on private property and that will not be n dedicat t � City'� a p�ti,t roe ement, as a part of the building permit application process, sha� t quire su" , ssioir and ap roval by, the building official of the City of detailed retaining wa I _ign pl s s ny engineer licensed to practice in the State of Texas, prior to commert �onstructof such wall. Construction of such retaining wall shall also require submission k and a pp roval by, the building official of the City of a sealed engineering inspection report verifying e construction of the retaining wall in conformance with the retaining wall design plans m or -er to closeout the building permit. On lots with a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing to the top of the wall, in addition to the designated rear and side yard setbacks, a maintenance and access easement for the benefit of the adjacent property owners and the City on either side of the retaining wall, as necessitated by the design of the retaining wall and in Revised 7 -16 -2015 V.13 [GSABA] and MS 17 accordance with the signed and sealed engineering plans, shall be required for retaining wall maintenance and to prevent any incursion into fill material. The required area of the easement shall vary according to the retaining wall design and adjacent property access and shall, at a minimum, include all of the fill area. Any incursion into a retaining wall fill for maintenance and construction of utilities shall require the submission to, and approval by, the building official of the City of detailed design plans, sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction on such incursion. All other incursions are prohibited PTI Level 1 or 2 Unbonded PT Inspector is a certified individual meeting t d" gtdf4 ents of the IBC 2012, Section 1704 Special Inspections, Contractor Responsibility Structural "'I Observations, Table 1705.3 Required Verification and Inspection of C'6 rete Constructed 1207 Sound Transmission Standards for High Noise Areas All habitable portions of structures located within th -"M," as shc�", , 't ` attached �ses shall be desig andnstruc to achieve either: 1. an outside to inside noise level red. �) (' �1ea�tifive (25) a- weighted decibels (dBA), or 11 l 2. be built to the standards set forth in subction (c) B. billow. �1. Options for Compliance. Compli may be demon t _sing one of the following methods: 1 1. Use sim 1 ultaneo rse rca of instantaneous outside and inside noise levels in accordance with ` �. 966 1psur'e structure achieves an outside to inside NLR of at least twenty -f Vie (25 ABA: 2 Uti onstnt+ qn m als with a minimum tested or listed sound transmission class STC tip to fa 40' n accordance with ASTM E 90, for walls and ceilings, and tl a met urtY'%� 1 r listed STC rating for doors and windows as specified below, in a6q' dan ith th r flowing construction methods: [ W�al, The`ts}3ecific exterior wall assemblies listed below shall include the interior finish set forth therein. Exception: Exterior wall assemblies or materials that have been tested or listed with a minimum STC rating of forty (40). i. Brick veneer. When exterior walls are constructed using brick veneer, a minimum of one -half (1/2) inch gypsum drywall shall be applied as the interior finish, or a minimum of three and one -half (3- 1/2) inches of foam insulation shall be sprayed in as allowed by the building and fire code. Revised 7 -16 -2015 V.13 [GSABA] and MS 18 ii. Vinyl or cement sidings. When exterior walls are constructed using vinyl or cement sidings, a minimum of five- eighths (5/8) inch gypsum drywall shall be applied as the interior finish, or a minimum of three and one -half (3 -1/2) inches of foam insulation shall be sprayed in as allowed by the building and fire code. iii. Other assemblies and materials. All other exterior wall amblies or materials shall have a tested or listed minimum STC r of forty (40). b. RooflCeiling Assemblies. Roof /ceiling assemblies s accordance with the requirements of subsections (i) Exception: Roof/ceiling assemblies or materials that minimum STC rating of forty (40). i. Ceilings with unconditioned r minimum of one -half (1/2) in' side covered with a map 01 ,i insulation, or a minim of foam insulation sha 1 1M1applied allowed by the building ,d fire below. in with gat Lynn a n the interior ceiling t1, of blown in fiberglass 0/2) inches of spray of the roof deck as ii. Ceilingsli out attic space l ve ' 11 be insulated with a minimum of five- eighths'18) inch gypsum d all on the interior side filled with a ��4m of m inches of fiberglass batt insulation with a one (1) mc:�r�e net tbof sheathing and the fiberglass, or a minirrn of ; ' ands -half (3 -1/2) inches of spray foam insulation Il bed to�'S underside of the roof deck as allowed by the bn2 a fire code. Witrws. "Thp 0&ity'between the wood framing and the window frame shall be sula with fi�rglass insulation or foam insulation to the depth of the window i. ° Ithe exterior windows and doors together comprise no more than thirty percent (30 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of thirty (30). ii. If the exterior windows and doors together comprise more than thirty percent (30 %) but no more than forty percent (40 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of thirty -two (32). Revised 7 -16 -2015 V.13 [GSABA] and MS 19 iii.If the exterior windows and doors together comprise more than forty percent (40 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of forty (40). d. Doors. i. If the exterior windows and doors together comprise no mQ,tp than thirty percent (30 %) of the total exterior wall area, all exteri oors shall have a minimum tested or listed STC rating of thirty (30),."1", ) l' ii. If the exterior windows and doors together corp,Iie more than.' percent (30 %) but no more than forty percent .. oft total wail area, all exterior doors shall have mmum'.or fisted ratio of thi two 32 . iii.If the exterior windows and 1tther cte (rhl „than forty percent (40 %) of the total ext 'Qr wa area, a Xterior oors shall have a minimum tested or 1( ST Exception: An exterior door may ha% a tested `oT stetlC rating of less than forty (40) when installed with a storm door whie when combl d, d 1 ve a minimum tested or listed STC rating of forty (40). it I e. Mechanical Sys te �Mechamcal systems (HVAC) shall provide mi i urtg� * crrculae and fresh air requirements for various uses in occupied rooms wrta need t pen a windows, doors, or other openings to the i. In' dow; , ugh -11, or through -floor air conditioning, ventilating, or k`�trrg`1its rri be used if: ] the aI' 61*4 nsulation requirements for walls, ceilings, windows and doors _) are iplemented, or �) wars, ceilings, windows and doors have a minimum tested or listed STC ratan of for 40 g forty c ). ] �3 ii. Evaporative coolers may be installed if the following is implemented to reduce sound entering through the unit: 1) Insert a duct extension with at least two (2) ninety degree (90 °) "elbows" between the structure and the unit. 2) Add acoustically designed "up- ducts" in the ceiling of each room to allow Revised 7 -16 -2015 V.13 [GSABA] and MS 20 Sec proper circulation of air while windows are closed. Certification. Prior to approval of final inspection or issuance of a certificate of occupancy, all project applicants shall submit to the Building Inspection Division, a signed statement certifying compliance with this section from an accredited third party te�Jing agency or a stamped approval letter from a Texas Licensed Engineer. "} 2. A single certification statement for multiple structures in the s q °devel61*'nent may be used as long as the structures implement the same floor plax ! d constructibomethods Definition: Accredited is defined as certified through the Revised 7 -16 -2015 V.13 [GSABA] and MS 21 ARTICLE III. - INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS Section 18 -60. Adopted The International Residential Code for One and Two Family Dwellings Code, 2012 Edition is hereby adopted with the amendments as provided for in this Article. rT'.,n:�' Section 18 -61. Amendments The International Residential Code for One and Two Family Dwellings, 2012 Edition is hereby amended as follows: R101.1 Title. These provisions shall be known as the Residential tide for On -arid Two- fartiily Dwellings of the City of Schertz, Texas, and shall be cited as suchand twill be referred to herein as "this code." Permits. R105.2 Work exempt from permit. Exemptions from permit requirements of this o any work to be done in any manner in violation' ordinances of this jurisdiction. Pei-its shall not leemed to grant authorization for s of this code or any other laws or the following: upon grade if the capacity does not exceed eight to diameter or width does not exceed tiling, carpeting, cabinets, counter tops and similar motion picture, television and theater stage sets and scenery. Shade cloth structures constructed for nursery or agricultural purposes, but not including service systems. Swings and other temporary playground equipment accessory to one and two - family dwellings. 6. Window awnings supported by an exterior wall of R -3 - One and Two Family Dwellings as applicable in Section 101.2 and Group U occupancies of the International Building Code 2012 as defined in Revised 7 -16 -2015 V.13 [GSABA] and MS 22 Chapter 3 - Use and Occupancy Classification. I Ai l Revised 7 -16 -2015 V.13 [GSABA] and MS 23 7. Movable cases, countertops and partition not over (5) five feet (9) nine inches in height. 8. Residential one story detached accessory structures used as tool and storage sheds, playhouses, and similar uses; provided the floor area does not exceed 120 _square feet except where located in a flood hazard area. a. The foundation for a detached accessory structurO, storage sheds, playhouses and similar uses, if any, will require a flatwor % permit; and the location and placement of the accessory structure shall comply with Article 8 of the Schertz Unii'ied ilevelgpmcnt Coda,, 1. Nornial m4lnte ance work, such as replacement of lamps, sockets, fuses, 4. The provisions of this chapter shall not apply to electrical equipment used for radio and television transmission, but does apply to equipment and Revised 7 -16 -2015 V.13 [GSABA] and MS 32 wiring for power supply and the installations of towers and antennas. Revised 7 -16 -2015 V.13 [GSABA] and MS 32 Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. AN Mechanical: Revised 7 -16 -2015 V.13 [GSABA] and MS 32 4- This section applies only to a permit required by a municipality to erect or improve a building or other structure in the municipalitya r its ex4fatefrit r ^� jufisdietien 2. Not later than the 45th `_day after_ the date an application for a permit_ is submitted the municipality must; a. grant or deny the permit [ b. provide written notice to the applicant stating the re ns why ; municipality has been unable to grant or deny thd' rmit apphca or c. reach a written agreement with the applica t providi i'�ea dlme granting or denying the permit. ' ,, ,„ 1 3. For a permit application for which notice�usrovided pder ectia2)(b), the municipality may grant or deny the itt later' e_day after the date the notice is received: 4. If a municipality fails to grant or dent rant lic t€ n it he time required by Subsection (3) or ,by an agreement and ubs FT on (2)(c), the ^� to_ eqt any permit fees;nsocl�d with the application; and to the applicant any permit fees associated with the Public right -its way, alleys and easem6f's. A permit shall not be given by the building official or designee nr assi d'inspeofor for the construction of any building or structure, or alteraf#� Ey ding structure that will encroach upon any right -of -way, alley, or 'hprofe5s al. "The design professional shall be an architect or engineer legally regt ,; ed under f� laws of the State of Texas regulating the practice of architecture or engine i and shall affix his/her seal to said drawings,_ specifications and accompA ng data, for the following 1. All group A, E and I occupancies as defined in the IBC, Chapter 3. 2. Buildings and structures three stories or more in height. 3. Buildings and structures 5,000 square feet or more in area. Revised 7 -16 -2015 V.13 [GSABA] and MS 32 4. All group R occupancies regardless of size as defined in the IBC, Chapter 3. a. Excluding single family residential additions and remodels not including the engineered foundation. The City of Schertz Building Inspection Division may send plans to an accredited third party review service at the City of Schertz's discretion to expedite the plan, iewprocl R108.3 Fees Provide a copy of the contract or proposal signed by both the contra*r* the person { responsible for the property that the construction will oc l ,when r sted by the l Building Inspections Division to verify the value of the wo lla�t?s activities such as remodeling, re- roofing, and foundations R110.3 Certificate of Occupancy Issued. After the building official or designee or ass I'd- W" r i pects a 4 ilding or structure and finds no violations of the provisions of this c " ter or ot,awsat arc enforced by this department, the building official or designee or ained msptor still issue a certificate of occupancy that shall contain the following:,, �'. 1. The building hermit numbb�" 2. 3., 4. S 6. 7:' 8. 9. 10. 11. The name and address of the owner; A description of the building use; The name of the building official or designee or assigned inspector; Edition of the code under which the permit was issued; The classification use of the structure; Type of construction as defined in Chapter 6 of the International Building Code; If an automatic sprinkler system is required or not; Any special stipulations or condition for occupancy. The Zoning District in which the occupancy is located. Revised 7 -16 -2015 V.13 [GSABA] and MS 32 R111.3 Authority to Disconnect Service Utility 1. Portable Generators for residential home use where used to remove the one or two family dwelling from the public electric utility grid permanently are prohibited. Exception: During emergency situations where authorized by the Authority Having Jurisdiction. R112 Board of Appeals ((p " 1 The Board of Appeals is hereby repealed in its entirety. R202 Definitions. Applicable governing body as referenced within any code ado under thiter shall nir the City Council of the City of Schertz � (; SIT S , As Built Plans are plans submitted after the building is co�lete shy ,mg �'terans, additions or changes that have occurred after construdtnn hasegun eraticnl, additions or changes may require Building Divisionapproval.'� Service Systems are electrical, fire, mechanical, plumbing or other services not associated with structural Oletnents 1 = 1 1110V '!' �Subr4taI ents ' All fotatio halh desied by a registered Professional Engineer in the State of Texas and all drawi d docu tation must be signed and sealed. Design Engineers must be registered with the Citif Schertz. Documentation shall include: Design letter referencing soils report numbers, date of report, and soils engineer name; specific location including lot, block and subdivision; specific design criteria including soil bearing capacity, plasticity index, and potential vertical rise. The engineer shall also approve a concrete mix design with performance criteria based on soils and seasonal conditions. Revised 7 -16 -2015 V.13 [GSABA] and MS 32 Signed and sealed drawings clearly indicating the strand and reinforcement placement, pier size, depth, location, and reinforcing, beam size and location, and any special details. Design calculations must be included. Design engineer must perform a pre -pour inspection and provide the City of Schertz with a signed and sealed document stating that the foundation has been inspected and approved. This inspection must take place prior to requesting a foundation inspection from the City of Scher The design engineer shall be present during placement of concrete to verify concrete mix# p and seasonal conditions during placement, and verify tensioning and elongation of cables if it is post- tension foundation. Letter from the engineer indicating that rough grading of the lot occurred immediately afterftirin removal to maintain drainage away from foundation during the eon tructionprocess. The engineer must provide to the City of Schertz a Letter of Final'ACceptance stating that the foundation has been placed in compliance with the designptipr, to issitce,dfa certificate of Occupancy. Prior to issuance of a Certificate of Occupancy, the etigmeer�shall pfovide a letter indicating that a strength test was performed on the batch of concrete and the fesiths of the concrete strength test were consistent with the acceptable range specified in the fonndation,design. Copies of relevant logs or test results from the concrete manufacturer shall also be provided. After foundation construction, but prior to commencement of framing, the owner or applicant shall provide the building official elf the City,with a sealed certification from an engineer licensed to practice in the State of Texas and registered with the City of Schertz that the concrete has adequately cured to allow for framingof the first floor to occur. Prior to placing any additional load on the slab the owner or applicant sball,provide the building official of the City with a scaled certification from an engineer licensed to practice in the State of Texas that the concrete has adequately cured iwallow an additional load to be placed on the slab, including framing above the first floor: Iii no event shall fl is�b6 jess than 3 days after the foundation was poured. If tl e foundation is�a post - tension foundation that it was designed after the engineer's consideration of (a) th Post- Tensionmg Institute's Construction and Maintenance Manual for Post- Tensioned Slab- on- Gfoupd Foundations, 3d Edition; (b) the Post- Tensioning Institute's Design of Post - Tensioned Slabs -on- Ground, 3d Edition with 2008 Supplement; and the soil test conducted for the lot. Post - Tension foundations must be inspected by a Post- Tensioning Institute (PTI) Level 1 or 2 Unbonded PT Inspector prior to placing a load on the slab or commencement of framing. Additionally, the PTI Level 1 or 2 Unbonded PT Inspector must provide foundation design drawings, shipping lists, material certifications, jack certifications, stressing records, and concrete Revised 7 -16 -2015 V.13 [GSABA] and MS 32 placement records (as described in the Post - Tensioning Institute's Construction and Maintenance Manual for Post- Tensioned Slab -on- Ground Foundations, 3d Edition) to the City. Prior to receiving a Certificate of Occupancy, a final survey indicating final grade elevations and verifying positive drainage away from the foundation must be submitted to the City. R401.4.3 Soil Tests Notwithstanding the foregoing, prior to issuance of a building permit, the ow plicant shall provide to the building official of the City a soil test (geotechnical investr fo gresidentia� ?# lot made by a geotechnical engineer licensed to practice in the State of'3` as. The soil t ,shall contain design recommendations. The soil test shall be conducted within e area; ,here tho l building foundation is to be located and the owner shall provide rvey of `to the City �. indicating the location of the soil test. Such soil test report shall bk "eta need he building permit application along with a signed and sealed statement from aft," ng hio lie e , to practice in the State of Texas that the foundation on the reside ( �] �111'.fill s delpe`'lration of the results shown in the soil test report for that lot and tha� cut wa% one subsequent to the i soil test being conducted. rii (I < R404.4.1 Retaining Walls�,' Construction of a retaining wall in excess of four (4) feet in light, as measured from the bottom of the footing of the wall to the top of the wall, constructed on pblic property or to be dedicated to the City as a public improvement, as a part of the O'verall "go 641vision civil plans and the Development Permit application process, shall require submission to, and approval by, the City Engineer of the City of detailed retaining wall design plans sealed by an engineer licensed to practice in the State of 'f Texas `prior tci commencii construction of such wall. Construction of such retaining wall shall also require submission;to, and approval by, the City Engineer of the City of a sealed cngineerg inspection report verifying the construction of the retaining wail in conformance with thotetaiuing wall design plans in order to closeout the Development Permit. Cons#uction of a retaining wall m excess of four (4) feet in height, as measured from the bottom of the `opting of the wall tot be, top of the wall, constructed on private property and that will not be dedicated to the,City as a public improvement, as a part of the building permit application process, shall requi rp subrnission,m, and approval by, the building official of the City of detailed retaining wall desigri'p1#os sealed by an engineer licensed to practice in the State of Texas, prior to commencing consttuction of such wall. Construction of such retaining wall shall also require submission to, and approval by, the building official of the City of a sealed engineering inspection report verifying the construction of the retaining wall in conformance with the retaining wall design plans in order to close out the building permit. On residential lots with a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing to the top of the wall, in addition to the designated rear and side yard Revised 7 -16 -2015 V.13 [GSABA] and MS 32 setbacks, a maintenance and access easement for the benefit of the adjacent property owners and the City on either side of the retaining wall, as necessitated by the design of the retaining wall and in accordance with the signed and sealed engineering plans, shall be required for retaining wall maintenance and to prevent any incursion into fill material. The required area of the easement shall vary according to the retaining wall design and adjacent property access and structures and shall, at a minimum, include all of the fill area. All incursions are prohibited, including but not limited to the planting of trees, except that a fence may be constructed but shall require the emission to, and approval by, the building official of the City of detailed design plans se n engineer licensed to practice in the State of Texas, prior to commencing construch .,'fin such itxtyursion. Additionally motor vehicles shall not be parked within the easement. =rf��`� �> >, R703.7.2 Exterior veneer support, R703.7.2.1 Support by roof construction and R703.7.3 Lintels Lintels shall be attached to the wood framing above all required by the design professional prior to a framing I R807.1 Attic Access, Attic access shall be provided by a ceiling l two hundred and fifty pounds. If an appliance remove the largest single section or the entire accordance with the IRC or IMC: " P2503.8.2 Testing. Backflow prey of installation, All building as � capable of supporting (250) In opening large enough to with a walkway provided in sprinkler systems shall be tested at the time a footing Or through a foundation wall shall be provided with a ;eve shall be built into the foundation wall. The sleeve shall be two pipe 'i ing through the wall. Pipes used for p -traps with in a foundation footings or beams. shall be a minimum of 12 inches below finished grade. P2609 Installation of Materials Cellular core pipe shall be prohibited for all underground uses in all materials. The following Appendixes are adopted: Revised 7 -16 -2015 V.13 [GSABA] and MS 32 Appendix A — Sizing and Capacities of Gas Piping Appendix B — Sizing of Venting Systems Serving appliances equipped with Draft hood, Category I Appliances, and Appliances listed for use with Type B Vents Appendix C — Exit Terminals of Mechanical draft and Direct -Vent Venting Systems Appendix E — Manufactured Homes used as Dwellings Appendix G- Swimming Pools, Spas and Hot Tubs Appendix 11— Patio Covers Appendix J — Existing Buildings and Structures Appendix K Sound Transmission All habitable portions of structures loew, 1. an outside to inside noise level decibels (dBA), or Options for Compliance. (25) a- weighted be demonstrated using one of the following methods: ntaneous outside and inside noise levels in the structure achieves an outside to inside NLR t,rtmaterial`s with a minimum tested or listed sound transmission class y (40), in accordance with ASTM E 90, for walls and ceilings, and >ted or listed STC rating for doors and windows as specified below, the following construction methods: Walls. The specific exterior wall assemblies listed below shall include the ulterior finishes set forth therein. Exception: Exterior wall assemblies or materials that have been tested or listed with a minimum STC rating of forty (40). i. Brick veneer. When exterior walls are constructed using brick veneer, a minimum of one -half (1/2) inch gypsum drywall shall be applied as the interior finish, or a minimum of three and one -half (3- 1/2) inches of Revised 7 -16 -2015 V.13 [GSABA] and MS 32 foam insulation shall be sprayed in as allowed by the building and fire code. ii. Vinyl or cement sidings. When exterior walls are constructed using vinyl or cement sidings, a minimum of five - eighths (5/8) inch gypsum drywall shall be applied as the interior finish, or a minimum of three and one -half (3 -1/2) inches of foam insulation shall be sprayed in as aif ed by the building and fire code. iii. Other assemblies and materials. All other exteriorwall assemblies or materials shall have a tested or listed minimutil STC rating of forty, (40). b. Roof/Ceiling Assemblies. Roof/ceiling assemblies shall be ,6 onstructed in accordance with the requirements of subsections (3)or (ii) belies. Exception: Roof /ceiling assemblies or materials that,have beep tested or listed with a minimum STC rating of forty (40). Ceilings with unconditioned attic, minimum of one -half, (I /2)' inch 83 side covered with a minimum oft insulation, or a minimum of three foam insulation shall be applied to allowed by,the building and fireec shall�beinsulated with a to drywall on the interior ceiling e1�2) inches of blown in fiberglass one -half (3 -1/2) inches of spray underside of the roof deck as ii. Ceilings without attic space above shall be insulated with a minimum of five-,eighths (5/8) inch gypsum drywall on the interior side filled with a minimum of rtiuee(9) inches of fiberglass batt insulation with a one (1) inch air space between the roof sheathing and the fiberglass, or a minimum of three and one -half (3 -1/2) inches of spray foam insulation shall be applied to the underside of the roof deck as allowed by the building and fire code. c Windows. The cavity between the wood framing and the window frame shall be insulated with fiberglass insulation or foam insulation to the depth of the window frame. i. If the exterior windows and doors together comprise no more than thirty percent (30 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of thirty (30). ii. If the exterior windows and doors together comprise more than thirty percent (30 %) but no more than forty percent (40 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of thirty- Revised 7 -16 -2015 V.13 [GSABA] and MS 34 two (32). Revised 7 -16 -2015 V.13 [GSABA] and MS 34 d. Doors. iii. If the exterior windows and doors together comprise more than forty percent (40 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of forty (40). i. If the exterior windows and doors together comprise no nwrv, than thirty percent (30 %) of the total exterior wall area, all exterior,ors shall have a minimum tested or listed STC rating of thirty (30). ii. If the exterior windows and doors together cotprise more than' thirty percent (30 %) but no more than forty percent (40%) ,of the ,total ext ritOr wall area, all exterior doors shall have a minimum tested or listed STC rating" f thirty -two (32). iii. If the exterior windows and percent (40 %) of the total extet minimum tested or listed STC i ban forty shall have a 2) Add acoustically designed "up- ducts" in the ceiling of each room to allow proper circulation of air while windows are closed. Revised 7 -16 -2015 V.13 [GSABA] and MS 35 Certification. 1. Prior to approval of final inspection or issuance of a certificate of occupancy, all project applicants shall submit to the Building Inspection Division, a signed statement certifying compliance with this section from an accredited third party testing agency or a stamped approval letter from a Texas Licensed Engineer. 2. A single certification statement for multiple structures in the same �, jopment maybe 1 used as long as the structures implement the same floor plans and . sl ion methods. 1 y � 1,. Accredited is defined as certified through the National Voluntar aboratory Ac 4itation Program (NVLAP) Part VIII - Electrical The following Appendix is adopted: Appendix P — Sizing of Water Piping System Secs 18 -62 —18.79 Reserved. 210.11 Branch Circuits Required (C) (3) Bathroom Branch Circuits If more than one bathroom group is to be installed, the required receptacle 15/20 volt- ampere 125 volt devices are to be GFCI protected. Exhaust fans and lighting shall be in compliance with 210.12 Arc -fault Circuit - Interrupter Protection for Personnel and be located on a different circuit. An exterior disconne ting`m ans'shall be, provided at each building serviced where more than two circuits supply�t e structure. A shunt trip device designed to de- energize the service disconnect equIpm nt at all load.sicle eb tneetions i acceptable on the exterior of the structure at a location approved bu the City 6f uhertz as an aItemative means of disconnection. Secs. 18- ARTICLE V - INTERNATIONAL FUEL GAS CODE Section The International Fuel Gas Code, 2012 Edition is hereby adopted with the amendments as provided for in this Article. Revised 7 -16 -2015 V.13 [GSABA] and MS 44 Section 18 -101. Amendments The International Fuel Gas Code, 2012 Edition is hereby amended as follows: 101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Schertz, Texas, hereinafter referred to as "this code." 109 Means of Appeal Means of Appeal is hereby repealed in its entirety. The following appendixes are adopted: Appendix A (IFGS) — Sizing and Capacities of Gas Piping A.1 gas piping system, or special appliance, or for conditions other provided in the code, such as longer runs, greater gas cmands of each gas piping system shall be determined by standard eng code official. Appendix B (IFGS) Sizing of Venting Systems Servicing Category 1 Appliance and Appliances Listed for'Use With Terminals of Mechanical Draft and Direct -vent Venting Sv 101.1 Title. These regulation& shall 1 Texas, hereirafter referred for as "this 109 Means of Appeal for any tables the size ,le to the ith Draft Hoods, x C (IFGS) Exit with the amendments as hereby amended as follows: known as the Mechanical Code of the City of Schertz, A » Means of is hereby repealed in its entirety. Secs 18-122 1,8-139 Reserved. Revised 7 -16 -2015 V.13 [GSARA] and MS 44 ARTICLE VII. - INTERNATIONAL PLUMBING CODE Section 18 -140. Adopted The International Plumbing Code, 2012 Edition is hereby adopted with the amendments as provided for in this Article. used for residential lawn sprinkler y after repairs or relocation Table 702.3 Appendix D — Degree Day and Design Temperatures Appendix E — Sizing of Water Piping System Appendix F — Structural Safety Secs. 18 -142 — 18 -159 Reserved. ARTICLE VIII. - INTERNATIONAL PROPERTY MAINTENANCE Section 18 -160. Adopted The International Property Maintenance Code, 2012 Edition is with the amendments as provided for in this Article. r° 11, : Section 18 -161. Amendments The International Property Maintenance Code, 2012 101.1 Title. These regulations shall be known as the the City of Schatz, Texas, hereinafter referre`to as 112 Means of Appeal Means of Appeal is hereby repealed in its entirety. 302.4 Weeds. All premises and exteriorProperty shall be maintained free from weeds or grass growth in excess of eight me es. 302.7 Accessory Structures All Accessory structures, inelding4etached garages, fences and walls, shall be maintained of No,accessory structure shall be more than twenty (20) degrees out of vertical (using an (8) eight foot level) along any' 20 feet of wall surface to obtaizt an accurate determination of the degrees from vertical. Fences and wads twenty (20) degrees or more in each directional run (vertical or horizontal) shall not have more than twenty -fire (25) percent of any directional run (vertical or horizontal) to be of The Revised 7 -16 -2015 V.. 3 [GSAOA] and MS 44 Secs. 18- 162 -18 -179 Reserved. ARTICLE IX. - INTERNATIONAL ENERGY CONSERVATION CODE Section 18 -180. Adopted. The International Energy Conservation Code, 2009 Edition is hereby adopte4 hthe amendments as provided for in this Article. The State of Texas will mandate all future code editions through the T Energy Conservation Office (SECO) as to the date of future adoptions. Section 18 -181. Amendments of the City ilifornia, Tenth edition ind Hydraulic Research, ie Backflow and Cross - reference as herein hereby amended as to the residential ighest lawn sprinkler 44 head. A Ground Fault Circuit Interrupter receptacle that is weather proof while in operation is recommended to be located immediately adjacent to the back flow device for the installation of a heat tape to prevent freezing. A rain sensor(s) shall be installed on all systems. The Commercial irrigation RP and PVB or other approved back flow devices shall be protected from traffic if not located immediately adjacent to the structure and shall be located a minimum of Twelve (12) inches above the highest lawn sprinkler head. A Ground Fault Circu terrupter receptacle that is weather proof while in operation is recommended to be loca mediately adjacent to the back flow device for the installation of a heat tape to proven ezi Freeze protection shall be considered in all designs. A rain sensor(s) shall be Iled on all",- ems. Any RP or PVB located in a flood plain shall be 1 foot above the Design d Fs�ation (D or designed in such a way that will prevent floodwaters from entertti O ;,accumitng within system components and to additionally ensure that floodwater does not ca e bI water supply system. (Ref: FEMA 348 November 1999)'` Adopting the backflow and cross- connection of the requirements of the International Plum Secs. 18 -202 —18 -219 Reserved. ARTICLE XL - INTERNATIONAL SWIP 101J,,Jit1 of the CJt, 108 Meat Means of The follo, shall aside any with the Spa Code, 2012 Edition is as the International Swimming Pool and Spa Code -ed to as "this code." its entirety. Appendix R; Field Checklist for identifying Suction Entrapment Hazards shall be completed by Revised 7-16-20i- ".' 13 [ SABA] and MS 44 the pool installer or his or her authorized agent. The infonnation in the Appendix B shall be provided to the Inspector for final approval. Appendix C Warning — Drowning Hazard signage shall only apply to non - residential installation for signage and is only recommended for single and two family residential installations. Secs. 18- 222 -18 -239 Reserved. Section 18 -240. Adopted The International Existing Building Code, 2012 Edition is here y1 '4ft, ted witae amendments as provided for in this Article. Section 18 -241. Amendments The International Existing Building Code, 2012 Edition i§ 'l 101.1 Title. These regulations shall be known as the Intern; City of Schertz, Texas, hereinafter referred to aa`,this code. 112 Board of Appeals MUSMEMEM ARTICLE XIII. - VJOLATIUNS AND PENALTIES. 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 Ordinance for all purposes and are adopted as a part of the Revised 7 -16 -20 13 [GSABA] and MS 44 judgment and findings of the Council. Section 4. 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 5. That all rights and privileges of the City are expressly saved as to any and all violations of the provision of any ordinances repealed by this ordinance which have accrue `'the time of the effective date of this Ordinances; and, as to such accrued violation and all pen :� litigation, both civil and criminal, whether pending in court or not, under such Ordinances shah of be affected by this Ordinance but may be prosecuted until final disposition by the colx�.''lw Section 6. If any provision of this Ordinance or the application thereof to do ,der i }or circa ance shall be held to be invalid, the remainder of this Ordinance and t apheatio;� such provision to other persons and circumstances shall nevertheless be valid, an � � 1� hereby eclares that this Ordinance would have been enacted without such invalid nrovision." ,� Section 7. It is officially found, determined, and decl *d thai =_'�e me ,.ant whl�� this Ordinance is adopted was open to the public and public notice , a e tilt, placgnd subject matter of the public business to be considered at such meetin: f (dm � r pce was given, all as required by Chapter 551, as amended, Texas Govern od� Section 8. This Ordinance shall be effectiv i on the e olnal adoption hereof and any publication required by law., PASSED ON FIRST READING day of , ( 2015. PASSED, APPROVED SAD 12015. a. ATT"�T J City Secretary, da Dennis (CITY SEAL) Revised 7 -16 -2015 V.13 [GSABA] and MS ON SECOND READING, the day of OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter 44 CITY COUNCIL MEETING, 19 MAY 2015: REMARKS SUPPORTING BUILDING PERMITS IN THE CITY [III-AU IDI E01:t► [ 001 ►� jIIII 3xLl KIJ! GOOD EVENING MAYOR COUNCILMEN MR. KESSEL AND MR. ZECH. WHILE THE SUBJECT OF MY COMMENTS TONIGHT HAS NOT COME BEFORE YOU YET IT MAY WHILE I AM ON VACATION. AND 1 BELIEVE IT IS OF SUCH IMPORTANCE THAT I OFFER THESE COMMENTS FOR THE RECORD AND YOUR CONSIDERATION. DEVELOPMENT SERVICES IS IN THE PROCESS OF ADOPTING THE 2012 INTERNATIONAL BUILDING CODE FOR THE CITY OF SCHERTZ. PART OF THE CODE RELATES TO PERMITTING CONSTRUCTION PROJECTS. PRESENTLY, SCHERTZ REQUIRES RESIDENTS AND CONTRACTORS TO APPLY FOR AND RECEIVE BUILDING PERMITS PRIOR TO CONSTRUCTION. THIS LONG- STANDING REQUIREMENT HAS HELPED OUR CITY GROW CONSISTENTLY WITH HIGH QUALITY WORK IN ALL SECTORS OF THE ECONOMY. BUILDING PERMITS HAVE ENSURED LICENSED CONTRACTORS PERFORM THE WORK. WHILE FUNDS GENERATED BY CITY PERMITS ARE SIGNIFICANT, THIS IS NOT THE REASON FOR REQUIRING BUILDING PERMITS. RATHER, PERMIT REQUIREMENTS PROTECT OUR RESIDENTS FROM SHODDY WORK, AND HELP PORTRAY SCHERTZ AS A PROFESSIONAL, HIGH STANDARDS ENVIRONMENT. HOWEVER, THERE IS CONCERN THAT CONTINUED STRONG BUILDING GROWTH LIMITS OUR STAFF TO RANDOM PROJECT INSPECTIONS, AND DELAYS GRANTING PERMITS. A POSSIBLE SOLUTION IS TO ELIMINATE THE REQUIREMENT FOR PERMITS ON CERTAIN PROJECTS WHICH REPLACE "LIKE FOR LIKE ". FOR EXAMPLE, REPLACING AN EXISTING FENCE, SIDING ON A HOUSE, OR STORAGE SHED WITH THE SAME PRODUCT WOULD NOT REQUIRE A BUILDING PERMIT. WHY? WHEN THE CONSTRUCTION I SUGGEST THIS APPROACH WOULD OPEN PANDORA'S BOX, AND THAT ADDITIONAL "LIKE FOR LIKE" PROJECTS SOON WOULD BE ADDED TO THE LIST. AND ONCE WE MAKE AN EXCEPTION, THERE IS NO TURNING BACK. MY OVER TWENTY YEARS ON THE SCHERTZ PLANNING AND ZONING COMMISSION AND ON THE BOARD OF MY HOMEOWNERS ASSOCIATION HAVE CONVINCED ME THAT OUR CITY PERMITTING PROCESS PROTECTS OUR RESIDENTS AND THE CITY BY ENSURING HIGH QUALITY WORK IS OUR STANDARD. INDEED, CONTRACTORS HAVE SUGGESTED THAT OUR PERMIT REQUIREMENTS ARE SOME OF THE MOST DIFFICULT IN THE AREA. TO THAT, 1 SAY, HEAR, HEAR! THE APPEARANCE OF OUR CITY ATTESTS TO OUR IF, AT TIMES, WE MUST ACCEPT ONLY RANDOM INSPECTIONS DUE TO THE WORKLOAD ON OUR INSPECTORS, THEN SO BE IT. THE BUILDING PERMIT ITSELF REQUIRES HOMEOWNERS AND COMMERCIAL CONTRACTORS TO MEET OR EXCEED BUILDING CODE REQUIREMENTS, AND PROVIDES THE CITY WITH CLOUT IF THESE STANDARDS ARE NOT MET. TO OPEN THE DOOR TO WORK WHICH LESSENS CITY -WIDE QUALITY OF PERFORMANCE IS NOT THE ANSWER. I STRONGLY URGE CITY COUNCIL TO CONTINUE TO SUPPORT OUR CURRENT PERMITTING PROCESS, WITHOUT EXCEPTIONS, FOR ALL CITY PROJECTS AS WE ADOPT THE 2012 INTERNATIONAL BUILDING CODE. THANK YOU FOR YOUR TIME AND ATTENTION.