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09-08-2015 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL SEPTEMBER 8,2015,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 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. (Councilmember Thompson) City Events and Announcements • Announcements of upcoming City Events ( /B. James /D. Wait /B. Cantu) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 09 -08 -2015 Council Agenda PrPQPntatinn • Proclamation recognizing "National Payroll Week ". (Mayor /Members of the Alamo Chapter of the American Payroll Association) 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 September 1, 2015. Q. Kessel/B. Dennis) 2. Ordinance No. 15 -M -32— Consideration and /or action approving an Ordinance amending the City of Schertz Code of Ordinances establishing the dates of City Council meetings; providing an effective date; and repealing all Ordinances or parts of Ordinances in conflict with this Ordinance. Final Reading (B. Dennis /Mayor /Council) 3. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees — Consideration and /or action regarding appointment of Mr. Edward Fair as Alternate No. 2 to the Parks & Recreation Advisory Board. (B. Dennis /Mayor /Council) 4. Cancellation of September 22, 2015 and October 6, 2015 City Council Meetings — Consideration and /or action cancelling the September 22, 2015 City Council meeting due to lack of agenda items and attendance at the Texas Municipal League Conference and the cancellation of October 6, 2015 in observance of National Night Out. (B. Dennis /Mayor /Council) Discussion and Action items 5. Resolution No. 15 -R -65 — Consideration and /or action approving a Resolution authorizing an amendment to the Public Facility License Agreement between the City of Schertz and the Schertz Youth Soccer Alliance (SYSA). (B. James /C. VanZandt) 6. Ordinance No. 15 -T -33 — Consideration and /or action approving an Ordinance authorizing a Budget Adjustment to the General. Fund to fund the Pickrell Pool. Liner Replacement. First Reading (J. Kessel /J. Walters) Roll Call Vote Confirmation 09 -08 -2015 City Council Agenda Page - 2 - Requests and Announcements 7. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 9. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Executive Session 10. City Council will meet in closed session under section 551.074 Evaluations of the City Manager. 11. City Council will meet in closed session under section 551.074 Evaluations of the City Secretary and Deputy City Secretary. Reconvene into Regular Session 10a. Take any necessary action based on discussions held in closed session under Agenda Item number 10 including possible increase in salary. I la. Take any necessary action based on discussions held in closed session under Agenda Item number 11 including possible increase in salary. Roll Call Vote Confirmation Adiournment CERTIFICATION 1, 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 4" DAY OF SEPTEMBER 2015 AT 11:00 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. 09 -08 -2015 City Council Agenda Page - 3 - grewda veww ,bs Orenda Dennis, City Secretar I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2015. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 -619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the 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. lingo 5112111 121 M 11 Nor Mayor Carpenter Mayor Pro -Tem Fowler — Place 1 Audit Committee Interview Committee for Boards and Commissions Interview Committee for Boards and Commissions Schertz Housing Board Liaison Investment Advisory Committee Randolph Joint Land Use Study (JLUS) Executive TIRZ II Board Committee Schertz Seguin Local Government Corporation Councilmember Azzoz — Place 2 Councilmember John — Place 3 Animal Control Advisory Committee Lone Star Rail District Sweetheart Advisory Committee Councilmember Edwards — Place 4 Councilmember Thompson Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 09 -08 -2015 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: September 8, 2015 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a Regular meeting on September 1, 2015. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of September 1, 2015. ATTACHMENTS Minutes — Regular meeting September 1, 2015 MINUTES REGULAR MEETING September 1, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 1, 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 Grumpy Azzoz Councilmember Robin Thompson Staff Present: Executive Director Brian James City Attorney Charles Zech Deputy City Secretary Donna Schmoekel Councilmember Daryl John was absent. Call to Order Mayor Carpenter called the meeting to Texas (Councilmember Edwards) Councilmember Edw Flags of the United S opening of Texas. Mayor Pro -Tem Jim Fowler Councilmember Cedric Edwards City Manager John essel Executive Director Bob Canti: City Seereiary,Brenda Dennis followed by the Pledges of Allegiance to the Events (B. James /D. Wait/B. Cantu) Director Brian James who provided the following • Wednesday, September 2, Coffee and Donuts, Legacy at Forest Ridge, 8:30 a.m. This is a meet and greet and they will take a tour of the new building and visit with the residents. • Friday, September 4, Dale Carnegie World Class Graduation — 2nd session, 2 to 4:00 p.m. Council Chambers. Cake and refreshments to follow. • Monday, September 7, Labor Day, City Offices will be closed. SAVE THE DATE: • September 22 -25, Annual TML Conference, San. Antonio • Announcements and recognitions by City Manager (J. Kessel) 9 -01 -201.5 Minutes Page - 1 - Mayor Carpenter recognized City Manager John Kessel who stated he wanted to praise a couple of teams who worked together on a project for a citizen that was pretty impressive. Mr. Kessel stated that we had a citizen on the first week of school that called and identified some trees that were blocking a number of stop signs over by one of the middle schools. The citizen sent the information out and it was broadcast to a number of city departments. He happened to be out in the area and found three different departments working together. The Police Department was there making certain that the traffic control devices were visible. One of the officers, AJ was actually with the citizen explaining what was going on and who to call should they have issues with speeders or issues with school zones, doing some very nice community policing. Meanwhile there were two public works employees who were busy cutting down a couple of limbs that were in the way of the stop , signs and as that was happening a parks crew showed up with a trailer to haul WAR of the limbs. Everyone arrived on the scene at the same time; he doesn't know if they coordinated with each other but one of the school zones is safer due to the response by these departments. Hearing of Residents This time is set aside for any person who wishes to: ddd ess 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. Mayor Carpenter recognized the following individuals who spoke: • 'Mr., Glen Outlaw, 3729 Forsyth Park, who provided comments regarding the report given last week regarding the aquatic center. He stated that he is happy to see the project moving forward but by listening he had concerns for the concept of the plans and the city settling on what it can afford not what we need. He also expressed concerns on where the aquatic center will be built referencing the foundation issues in the area. He wanted to know why we were not building the facility on property that we already own on the other side of the drainage ditch. • Ms. Maggie Titterington, Schertz Chamber President, who first wanted to provide some accolades to Fire Marshal John Perry. She stated that we have a new Director for Merritt Lake Side Senior Village who was having problems with fire systems and false alarms going off, etc. The director at first had a wrong impression with the situation and we were able to bridge a meeting today explaining and walking her through the processes of what they needed and going over the problems that they have had in the past. She was very pleased with the outcome of the meeting and how they can assist and not tax the fire department with all the false alarms going off. This was a great meeting. 9 -01 -201.5 Minutes Page - 2 - Ms. Titterington also stated that today Colonel Isler set out to do a Military Affairs Committee luncheon. The first meeting was today and those invited were herself, the Chamber President from Seguin, Mayor of Universal City, RAPCO, and a few others; a very small group. They were going over a few things that we have covered at the Northeast Partnership meetings but also a few other things such as improvements and communications that she had not known about. They were very complimentary to Universal City, Schertz and Converse about who from the cities have been working with them. He had also stated that this would be the last Air Show that Randolph will have. Ms. Titterington reminded everyone of the upcoming Air Show October 31 through November 1st Ms. Titterington stated that their SMAC Committee is Spence, City of Schertz and will be producing a Vetei 2015. . She handed out a flyer for the upcoming event l Dennis to share with everyone. The event will be t I Plaza, 51.2 Schertz Parkway. She stated that Col. I ler wi' Lastly, she saw that tonight on the agenda there was a w Ambassadors and how you interact with other cities and, v to say for herself on behalf of the Chamber it is vermuch ribbon cuttings. This means a lot to the businesses, it also over to other city events such as when',Qouncilmember Ed Cibolo Fest and barbecue judging; it means a lot when c events and ribbon cuttings. It means'a lot that Schertz C supportive in attending not only their own events but ethers vofking in partnership with Mary ris Day Ceremony, November 11, Mr. Brian James and Ms. Brenda )0 a.m.'at,the Veterans Memorial speak at the ceremony. irkshop discussion regarding City rious outside groups. She wanted appreciated that you come out for Zeans a lot when our Council goes rds attends and takes part in the :hers go out to neighboring cities )uncil and Management are being in the surrounding cities. Mr. Crawford also encouraged Council to just cancel a meeting when they need to cancel one and not go, to the three meetings per month. He believes it is easier to cancel a meeting then trying to pick specific dates. Presentation • Presentation and recognition regarding the 2015 Certificate of Achievement for Planning Excellence. (B. James /L. Wood/B. Cox) Mayor Carpenter recognized Senior Planner Lesa Wood who stated for the second year in a row the Schertz Planning Department has received the certificate of achievement for Planning Excellence. Ms. Wood read a letter from the American Planning Association, Texas Chapter sent to Mayor Carpenter regarding this certificate. She stated this certificate recognizes the professional planning standards demonstrated by our planning staff and the support exhibited by the City Council and Planning Commission. More specifically, the City of Schertz meets 9 -01 -201.5 Minutes Page - 3 - the Chapter's goals for: increasing awareness of professional planning, recognizing Planning Departments which meet certain professional requirements, enhancing neighborhoods and citizen recognition of planning efforts, encouraging the funding of professional training for Commissioners and Staff, and aiding in economic development and community image. Ms. Wood presented the certificate to Mayor Carpenter. Mayor, Council and Management congratulated the planning staff for an outstanding achievement two years in a row. • Presentation and update regarding the Evergreen Solution Salary and Compensation Study. (J. Kessel /J. Walters) Mayor Carpenter recognized Senior Budget Analyst James Walters who provided a PowerPoint presentation with the following highlights: Background • Evergreen Solutions provided a draft repo- Council on July 28th and August 4th • City Management provided backup inform recommendations to employees and asked • Over 50 unique questions /c'oAcerns were r th • On August 11 City Management present( employee questions to Evergreen. Evergreen Update • Maimenanc+ to the City which was arding the study's feedback and concerns. ,'Vergreen for response. to the first round of changes based on Conclusion • These newrecommendations have been included in the implementation plan • Council will not have to take any action Mr. Walters stated that there was one question on the list that was not answered and Evergreen stated they will get that to us Wednesday and that there could be one more change. Mayor Carpenter asked if after that last question has been answered will we have answered all the ones that have been submitted, post sharing the report and then we will be finished and implementation will proceed. Mr. Walters concurred. 9 -01 -201.5 Minutes Page - 4 - Mayor Carpenter recognized Councilmember Edwards who asked have we placed into the five year budget running total the new compensation plan study that we are going to do in the next three years. Mr. Walters answered yes. Mayor Carpenter recognized Councilmember Azzoz who asked if all the employees were included in the study as he did not see that the City Manager was included. Mr. Walters stated that the City Manager was not included in the study. Councilmember Azzoz stated that the study was for all employees and the City Manager is one of the employees and should be included. Mayor Carpenter recognized City Manager John Kessel who stated that he could ask Evergreen to add this in; they may have to get additional information to make this possible but he could get them to include this. Councilmember Azzoz stated that the purpose for including the City Manager position was for future use of the study so that he can refer back to it.' Workshop • Workshop discussion on deferral of all public i Mayor Carpenter recognized Senior Planner Lesa Wood 'E Ms. Wood stated the workshop purpose, is-fo seek directi Community Facility agreements for deferral of public impr with a development or sale of property. (B. James /L. Wood/B. Cox) Engineer Kathy Woodlee. City Council on allowing that are not in conjunction Ms. Wood providd a PowarPoint presentation regarding the background on this item which . included the foll6 in.2 hiahli fits: The UDC • Approve construction plans prior tii approval of the final plat; and • The consttion and acceptance of public improvements (Streets, water, sewer, some drainage occur prior to filing the plat UDC, Section 21.4.15 E'2 provides for: • The property owner or applicant may request to defer the obligation to construct and install 'one (1) or more public improvements to serve the subdivision until after the final plat - re,6ordation. The request shall be submitted with an application for preliminary plat approval to provide fair notice of the intent of the developer. • Deferral of the obligation to install public improvements shall be conditioned on the execution of an agreement and sufficient surety to secure the obligation defined in the agreement. • The property owner or applicant may request to defer the obligation to construct and install one (1) or more public improvements to serve the subdivision until after the final plat recordation. • The request shall be submitted with an application for preliminary plat approval to provide fair notice of the intent of the developer. Deferral of the obligation to install public improvements shall be conditioned on the execution of a subdivision 9 -01 -2015 Minutes Page - 5 - improvement agreement and sufficient surety to secure the obligation defined in the agreement." • Require public improvements to be completed within 2 years of the filing of the final plat. • It also provides requirements for the provisions to be included in the public improvement agreement, which are approved by staff, such as the filing of the document to run with the land to inform future buyers of the existence of the agreement, the type and amount of the surety (1.25% of the estimated cost of the improvements), remedies for failure to perform, etc. Ms. Wood stated while this provision exists in the UDC, the City has only generally entered into these agreements to allow the developer to construct the public improvements in conjunction with site development (CST) or to allow -the plants be filed when only a few minor items still need to be completed (finishing constructing sidewalks or screening walls). Community Facility agreements have not typically been done to simply allow deferral of the improvements in order to file the plat. Filing of the plat is needed to sell a portion of a- property (when platting is required). This requires the buyer or seller to install the improvements before the sale may occur. Developers have approached the City to allow the public improvements to be deferred to allow a sale to occur. • Will assist in sale of property, time and money (upfront investment) for the property owner / developer. Mayor Carpenter recognized City Engineer Kathy Woodlee who added there are still special circumstances which would allow for deferral like the ones Lesa mentioned where they are cued up with their building plans and want to do it all at once or where there has been an extenuating circumstance that prevents the developer from completing a portion of their infrastructure and it's not a big risk to the City to allow them to defer that and move forward with the rest of their development. There will be some cases where it will be appropriate but we are looking at the bigger picture. Ms. Wood stated it's more for that speculative 9 -01 -201.5 Minutes Page - 6 - development where folks are not really certain of what they want built there but they want to go ahead and plat the property. That's the direction staff wants to ask for direction on. Mayor Carpenter recognized Executive Director Brian James who stated as a caveat there are a number of things that have come up that staff has policy questions on that we have to delve through that affects what Planning and Zoning does on a regular basis. One of the things we were wanting to do in the next few weeks is to hold a couple of joint Planning and Zoning and City Council work sessions by maybe starting one of the Council meetings early and have the meeting with the Planning and Zoning Commissions. He stated that Bexar County has managed the Randolph Joint Land Use Study and we want to do a presentation to Council on what the Joint Land Use Study, the JLUS study with Planning and Zoning and Council to get some feedback. Mr. James stated that he has had some conversations with representatives of the Greater San Antonio Area Builders Association as we have continued to work through some of the building code adfustments and one of the ideas is to have some agreements on compromisIed things that will, address concerns that Planning and Zoning has as well as address the concerns Council has.' e may do a joint work session there to vet through those concoi,to keep everyone engaged: Cr. James also stated that we have Lone Star Rail scheduled to came talk 'to the Council soon. He said while we took this item to Planning and Zoning first and'tlen Council, we are planning on doing a couple of joint work sessions. He stated that they will be: doing these more frequently to keep everyone on the same page in terms of policy and what is going on. Mayor Carpenter stated it is a complex issue with lots of considerations. There are cascading effects of going in either, direction, so on -going work and working with Planning and Zoning and the Commissioners 'is the best way to go. Ms. Wood stated -that she would like to say that Chad James with Bury Partners is here this evening; he is a,'representative of one of the developers that has requested the deferral of public improvements and is available if the Council has questions. Mayor Carpenter recognized Mayor Pro -Tem Fowler who provided his comments regarding the deferral issue. Mayor Carpenter recognized Councilmember Edwards who stated that the information Ms. Wood provided earlier this evening that Valero had all their information ready; he wanted to know how often that happens. Ms. Wood answered that over the last couple of years they have had folks starting to ask for this and in the past, for the most part, we told them we 9 -01 -201.5 Minutes Page - 7 - require the public improvements to be put in, so the Corner Store over the last couple of years is the first one, but that is why staff and the risk felt like it needed to be as low as possible because they were already through the process. This doesn't happen often and hasn't but it is starting to. We have had multiple requests in the last few months and had to explain that they had to have the specific documents. Ms. Wood stated we are having more individuals ask for the deferrals and that is why they are asking for their input. Councilmember Edwards stated that this is a complex issue and recommends that they don't make a decision tonight, but go forward like the Mayor had said, and have workshops with the Planning and Zoning Commission that can maybe start at 5:00, p.m. prior to a Council meeting; this would be more beneficial to everyone involved. Mayor Carpenter recognized Councilmember Fowler w is this a risk or more of a benefit to the construction core any difference to us? Ms. Wood answered certainly, it they are wanting to save time so they can sell their prop it would take to put in all the infrastructure. Thy risk wi long period of time, which if it went on for two2) Year; of construction and then it would be a risk to the Ctoin Mayor Carpenter recognized C presentation and stated that he is )er Azzoz who complimented Ms. Wood on the we are being business friendly. wKessel who wanted to highlight one point to ent types of users that we see: (1) the bulk uction projects; different, because here we do ing permit when in fact they cannot; (3) the help by being flexible by sharing that risk and public, but also make certain that they do not money', as they say. :arpenter recognized Councilmember Thompson who stated that a few weeks ago we EDC some flexibility ort'the exterior of a facility, if that would help a business. So ,iple of flexibility is already in place within the City. Mayor Carpenter recognized City Engineer Kathy Woodlee who stated that a lot of times we are not specifically talking about a potential business that we would be helping directly but it's a developer who 'ants to sell a piece of property to a business and instead of putting in the infrastructure the businesses can come in and secure a building permit and construct and tie in, they are putting it off so they can sell it. Just to be clear, it's not necessarily helping the "Corner Store" or helping a restaurant business, it's helping a property owner. Mayor Carpenter thanked Ms. Wood and looks forward to having further discussions and certainly with the meetings of the Planning and Zoning Commission. • Workshop discussion regarding City ambassadors and how we interact with other cities and various other outside groups. (B. James) (Item requested by Councilmember Azzoz) 9 -01 -2015 Minutes Page - 8 - Mayor Carpenter recognized Executive Director Brian James who stated at the August 4, 2015 City Council meeting, Councilman Azzoz requested a presentation and discussion regarding interaction with other cities. It was noted that this presentation could also include dialogue on continued regional collaboration such as the Northeast Partnership for Economic Development and the Guadalupe County Mayor's Association. In order to receive more direction from Council as to what is desired, staff is providing a brief overview of how staff interacts with others cities and regional partners. The following is not a complete list but is simply to provide a feel for the outside entities with which staff interacts. On Going Interactions: Economic Development GIS a workforce Zan for multi - skilled ges system to provide training for development regional economic development ,gees for our local businesses lopment on several ongoing active economic of South Central Texas dlife Department • Randolph AFB • US Census Bureau • TxDOT • Alamo Area Council of Governments • Bexar Metro 91.1 District • San Antonio Water system • VIA 9 -01 -2015 Minutes Page - 9 - • • • Bexar County Comal County Guadalupe County City of New Braunfels City of San Antonio City of Seguin CPS New Braunfels Utilities Randolph AFB Texas State Comptroller San Antonio River Authority SCUCISD CCMA Green Valley SUD IT • Cities of Cibolo, Live Oak, Universal City • San Antonio • Bexar county • Schertz Chamber of Commerce • Bexar, Guadalupe and Comal Counties • SCUCISD 9-01-2015 Minutes Page - 10- Finance • Government Finance Officers Association of Texas • Government Treasurers of Texas • Monthly meeting with purchasing officials in area Public Affairs • Texas Association of Venues and Facilities • Texas Association of Municipal Information Officers • Northeast Partnership • Sweethearts Proiect Specific Interactions: Courts • Office of Court Administration • Texas Department of Public Safety • Texas Comptroller of Public Accounts Texas As Texas Mi Library Planning Organization tion of Human Resources Association )al Retirement System • Guadalupe County, Cibolo, Selma • Texas State Library and Archives Commission • Various regional libraries • SCUCISD 9 -01 -2015 Minutes Page - 11 - Mr. James stated staff is seeking direction from City Council as to what is desired with regard to embassies or ambassadors that interact with other cities, government agencies, non - profits, etc., property. Mayor Carpenter recognized Councilmember Azzoz who thanked Mr. James for the thorough listing and asked that he be able to view the information and get back to him if he needed anything further. • Workshop discussion regarding "Council on the Move" meetings. (B. Dennis /D. Schmoekel) Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who provided a PowerPoint presentation regarding the "Council on the Move" meetings. Ms. Schmoekel stated that in response to Council's direction three weeks gir directing staff to look into the aehievability of having offsite city council meetings; feedback- has been compiled from Executive Management, Department Heads and other taffinembers: The main players involved would be staff metal and Police Departments whose employees -wotl their equipment and procuring supplies for cc definitely take more staff time and possibly a proposed mobile events, it was embraced as very who were questioned. °s from the IT, General ,Services, Marshal be responsible for loading and setting up lucting "Ahe, meeting(s). While it would .w more employees to accomplish these tainble by all departmental staff members The equipment currently owned by the city mad or may not be sufficient and we would have to first hold a few meetings to see what th recording quality would be like (for taking minutes) and whether there would be - a need to'' purchase additional tools. Facility accommodations would be, dependent upon the size of the attending audience(s). Also a concern was expressed in regard to having ,an extra room available for executive sessions. Refreshments would have to be brought in ,by city staff. Other concerns were liability regarding possible car or person accidents and the reduced level of security as well as the availability of" any, disability requirements for the public. We need to keep in mind that a regular council `rno Ling affects a larger number of people (residents, outside presenters, reps from businesses we are trying to'cbntract with, City attorney, and newspaper reporter(s). Therefore,, staff recommends that Council consider holding meetings once a quarter that represent more of a `Town Hall' atmosphere. Since both the structure and the formality would be more relaxed, it would provide a way for citizens to freely voice their opinions and concerns and create connections between themselves, staff and the elected officials. The participants who provide feedback will help officials learn if the citizen's views are in line with their own visions and goals for the community. It may also serve as a catalyst to encourage the residents to remain active, invested and engaged in future changes and developments. Lastly, it gives the city officials and management the opportunity to update citizens on current state and local issues relevant to our area and more specifically their neighborhood, as well as affording a city /staff image of visibility and transparency. Should Council agree to offer `Town Hall' meetings offsite at various locations within the city, staff further recommends we not start until 2016 for the following three (3) reasons: 1) the local elections will be concluded, 2) the upcoming holiday season will be over, and 3) staff will have a little more time to adequately plan for and initialize these meetings. 9 -01 -2015 Minutes Page -12 - After addressing several questions from Council, Mayor Carpenter suggested that in view of our recent change of regular city council meetings to the 1St 2nd and 4th Tuesdays of each month, that we plan on holding a regular city council meeting each quarter during the second month of the quarter on the 3rd Tuesday of that month. Council concurred with the suggestion. Councilmember Azzoz suggested we consider putting notices of approaching Town Hall meetings in the utility billing invoices. • Workshop discussion regarding Dress Decor for City Councilmembers during summer months. (Mayor /Council ) (Item requested by Mayor Pro -Tern Fowler) Mayor Carpenter recognized Mayor Pro -Tern Fowler who said summer time is a casual time and do we dress for work or for the job? We have a variety, `coats and ties, short sleeves, etc. If we can agree to some type of dress code we can show the corn' unity that we agree this is the proper decor, but he wants it to also be an individual choice. B&4,; se we do represent the city we ought to have some type of uniformity. Councilmember Azzoz said he would comply with whatever they decide. Councilmember, Edwards stated he goes to work every day in a coat /tie ensemble and comes straight to council dressed this way. Mayor'' Carpenter said historically we have gone back and forth on this; coats & ties, ladies dressed appropriately; then they moved away from this because a couple of former councilmembers were experiencing significant health issues. As an accommodation, they backed away from that attire. He feels each councilmember is tponsible for what they say, what they wear, and how they behave. He suggests letting everyone, choose for themselves and the public will decide whether they like our choices or not. Let everorrc come as they do from work. Mayor Pro - Tem Fowler commented that even in today's environment people like pastors would always wear coats and ties and tht y too are becoming more informal in some churches. He likes what the Mayor said that there is ,tare diversification in they way we think and dress. It was just a thought and he wants to represent the people in an appropriate manner. The Conserit Agenda is considered self- explanatory and will be enacted by the Council with one motion. here 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 August 1.8, 20115 and August 25, 2015. Q. Kessel /B. Dennis) 2. Ordinance No. 15 -S -28— Consideration and /or action approving an Ordinance upon a request to rezone 13183 IH -10 East, approximately 35 acres of land, from Predevelopment District (PRE) to General Business District (GB). Final Reading (B. James /L. Wood/B. Cox) The following was read into record: ORDINANCE NO. 15-S-28 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 9 -01 -201.5 Minutes Page -13 - 34.964 ACRE TRACT OF LAND FROM PREDEVELOPMENT DISTRICT (PRE) TO GENERAL BUSINESS DISTRICT (GB). 3. Ordinance No. 15 -5 -29 — Consideration and/or action approving an Ordinance upon a request to rezone 807 Main Street, approximately 0.25 acres of land, from Single- Family Residential District -2 (R -2) to Main Street Mixed Use District (MSMU). Final Reading (B. James /L. Wood /B. Cox) The following was read into record: ORDINANCE NO. 15 -5 -29 AN ORDINANCE BY THE CITY COUNCIL OF AMENDING THE OFFICIAL ZONING APPROXIMATELY 0.25 ACRE TRACT OF, RESIDENTIAL DISTRICT -2 (R -2) TO MAIN (MSMU). Mayor Carpenter recognized Councilmembe Councilmember Edwards to approve the consent unanimous with Mayor Pro -Tem Fowler, I Thompson voting for and no one pining no. C passed. Discussion and Action items 4. Resolution No. 1 expenditures with Equipment for var Year. (B. James /J. A RESOLUTI, TO AUTHOR $60,000 FOR VARIOUS AN THE 2014 -15 THEREWITH ITS' OF SCHERTZ, TEXAS BY REZONING AN FROM SINGLE FAMILY T MIXED . USE DISTRICT who moved, seconded by items 1, 2, and 3. The vote was Zembers Azzoz, Edwards and m, ber John was absent. Motion 7 - Consideration and /or action approving a Resolution authorizing -G totaling no more jhan $60,000 for Technological and Electronic id unrelated City Projects during the remainder of the 2014 -15 Fiscal RESOLUTION NO. 15 -R -77 THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TENDITURES WITH CDW -G TOTALING NO MORE THAN HNOLOGICAL AND ELECTRONIC EQUIPMENT FOR ,ELATED CITY PROJECTS DURING THE REMAINDER OF AL YEAR AND OTHER MATTERS IN CONNECTION Mayor Carpenter recognized Executive Director Brian James who stated the IT Department has identified a need, and has budgeted funds, to purchase network switches. Switches are used to connect computers, printers and servers within a building or campus. A switch serves as a controller, enabling networked devices to talk to each other efficiently. Through information sharing and resource allocation, switches save employers money and increase employee productivity. 9 -01 -2015 Minutes Page -14 - The IT Department worked with Purchasing to solicit price estimates and received responses from four vendors. Estimates were received from CDW -G (CDW), Southern Computer Warehouse, 3 -C Technology, and NetSyne. CDW -G provided the low bid at $32,600 for all requested switches, transceivers and cables. Multiple City departments have been utilizing CDW to purchase technological and electronic equipment for various and unrelated City projects. Projects include upgrades of existing computers, purchase of new computers, purchase of hardware storage and memory, and other related equipment. Total expenditures to -date for CDW is approximately $17,000, with an additional $4,900 encumbered. Once the outstanding purchases are received and funds dispersed, total expenditures to -date will be approximately $22,000. The City's Purchasing Policy, adopted and approved by outlines the need for City Council approval for any $50,000 in one fiscal year with one vendor. Both Purchasing and IT recommended accepi acceptance of the bid, the City would excee&$5( outstanding purchases and the proposed switch F Thus, staff requests Council authorization to ace with this vendor in fiscal year 2014 -15. by Resolution 11 -R -41 -gate expenditure over CDW's low `bid. However, with this vendor. To -date expenditures, ould equal approximately $55,000. 's bid, and to spend up to $60,000 IT staff does not anticipate any additional purchases with CDW` this fiscal year. However, because multiple departments are purchasing' ftom this vendor for separate and unrelated items, staff's request does include a buffer of $5;000. lff recommends approval. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Counci]member Thompson to, approve Resolution No. 15 -R -77. The vote was unanimous with Mayor Pro -Tern Fowler, Councilmembers Azzoz, Edwards and Thompson voting for and no one voting no. Counchnember John was absent. Motion passed. 5. Public Hearings an Proposed Budget for FY 2015 -16 — Conduct a public hearing and consideration and /or action regardirig the adoption of the FY 2015 -16 Budget. (Public (J. Kessel /J. Walters) Mayor Carpenter recognized Senior Budget Analyst James Walters who provided a PowerPoint presentation with the following information as well as answered questions from Council: FY 2015 -16 Proposed Budget Budget Goals: • Balanced Structurally • Conservative and Responsible • Follows Financial Policies • Maintains Current Service Levels • Focuses on priorities 9 -01 -2015 Minutes Page -15 - Management Practices: • Focus on priorities — Maintain appropriate fund balance • Team Input — Departments, Council and Citizens • Forward looking — planning for future revenues and expenses, consider project schedules, 5 year forecast, long term debt model. Key City 5 Year Goals 2015 • Building repairs • Fire Station 3 • Compensation Study • Bond Election • Strategic Staffing levels • Focus on Competing existing programs • Maintain reserves Budget Highlights • Classification & Compensation • Firefighter Ramp up Program • Fire Apparatus (Debt Service) • First year use of vehicle prep: streets, parks and animal servi • Southeast Water storage tank a • Additional Sewer lines and lift Upcoming Capital • $15 Million'' $26,559,477 131,800 252,500 18,902,115 7,744,797 1,380,620 593,277 11.1,229 40,250 3,477,1.41. 3,643,712 6,091,375 355,390 3,528,562 $72,812,245 9 -01 -201.5 Minutes Page -16 - services, marshal, General Fund makes up 36 %, Water & Sewer Fund 26 %, EMS Fund 11 %, I &S Fund 8% and the others make up the rest. All Funds — Expenses General Fund Special Events Fund PEG Fund Water & Sewer Fund EMS Fund Drainage Fund Hotel Tax Park Fund Tree Mitigation Capital. Recovery Water Capital Recovery Sewer I &S Fund Other Funds SEDC Grand Total General Fund makes up 37 %, the others make up the rest. General Fund Revenues Expenditures Increase of Fund Beginning Fund Use of Vehicle lR M &O $0.315! Total Change $150,000 $380,400 $600,000 $329,600 $1,460,000 $389,000 $26,171,017 1.31,800 252,500 1.8,855,871 7,558,451 1,220,951. 259,330 34,800 27,000 3,477,141 3,643,712 5.82t.418 11 %, I &S fund 8% and recurring operational expenses. Does not include identified one - es or irregular capital purchases. in Expenditures New Employees Large Expanded programs (over 10,000) Act on Compensation Study Continue Existing Staffing Levels & Programs Total Increase Reserve Funding 9 -01 -201.5 Minutes Page -17 - 2015 — 5 Year Forecast 5 Year Model Input Expenses • Operational costs are grown at rates based on a • Includes following programs: - Funding for the SCBA's replacement - Aquatic Center Operations - 12 Firefighters for new station - Estimates on the Compensation Study 4 do - Continued Merit program throughout all y� - Between 3 and 5 additional employees (not Firefighters) each year ( 201`7 -1.8 growth of the tax base and the results from to the model. Implementation for Evergreen's revisions filer Permits ling & Zoning Zero impact of proposed changes due to: - Increased revenue projections for Mix Beverage Tax and Community Center Rental - City Manager's Office personnel budget will be reduced to account for employees not taking insurance and the removal of vehicle allowance for the Executive Director of - Based on historic trends the following items will be reduced: Non- Departmental. State /County Administrative fees and audit consulting Engineering: Outside engineering services Animal Services: electricity utility Finance: training and travel Mr. Walters stated staff recommends that the City Council approve second and final reading of Ordinance No. 1.5 -T -30, adopting the budget for the fiscal year beginning October 1, 2015 and ending September 30, 2016. 9 -01 -2015 Minutes Page -18 - FY2015 FY2016 FY2017 FY2018 FY2019 FY2020 Revenue $25,297,719 $26,568,977 $27,576,055 $28,605,522 $29,644,059 $30,731,548 Expense $(24,668,799) $(26,171,071) $(27,549,143) $(28,547,611) $(29,793,283) $(30,529,331) Reserve $628,920 $147,372 $26,911 $57,912 I= $202,217 Funding M &O Fund $6,911,098 $7,058,470 $7,092,028 $7,149,939 $7,000,716 $7,202,933 Balance 25% Goal $6,077,050 $6,501,138 $6,868,536 $7,136,903 $7,448,321 $7,632,333 Over /Under LL r3,1 57,32 $(436,046) 5 Year Model Input Expenses • Operational costs are grown at rates based on a • Includes following programs: - Funding for the SCBA's replacement - Aquatic Center Operations - 12 Firefighters for new station - Estimates on the Compensation Study 4 do - Continued Merit program throughout all y� - Between 3 and 5 additional employees (not Firefighters) each year ( 201`7 -1.8 growth of the tax base and the results from to the model. Implementation for Evergreen's revisions filer Permits ling & Zoning Zero impact of proposed changes due to: - Increased revenue projections for Mix Beverage Tax and Community Center Rental - City Manager's Office personnel budget will be reduced to account for employees not taking insurance and the removal of vehicle allowance for the Executive Director of - Based on historic trends the following items will be reduced: Non- Departmental. State /County Administrative fees and audit consulting Engineering: Outside engineering services Animal Services: electricity utility Finance: training and travel Mr. Walters stated staff recommends that the City Council approve second and final reading of Ordinance No. 1.5 -T -30, adopting the budget for the fiscal year beginning October 1, 2015 and ending September 30, 2016. 9 -01 -2015 Minutes Page -18 - 0 A copy of the proposed FY2015 -16 Budget can also be found online at www.schertz.corn. A paper copy is available for viewing in the City Secretary's office and at the Schertz Library. Ordinance No. 15 -T -30 - City of Schertz FY 2015 -16 Budget - Consideration and/or action approving an Ordinance on the proposed FY 2015 -16 Budget. Final Reading (J. Kessel /J. Walters) The following was read into record: ORDINANCE NO. 15 -T -30 AN ORDINANCE ADOPTING A BUDGET FOR'. OCTOBER 1, 2015, AND ENDING SEPTEMBER 3 THE CHARTER OF THE CITY OF SCHERTZ, FILING OF THE BUDGET; PROVIDING THAI CUMULATIVE OF ALL ORDINANCES; PROVID AND PROVIDING AN EFFECTIVE DATE, Mayor Carpenter opened the public hearing and • Mr. Robert Brockman, 1.000 Elbel Road, Senior Center, stating that Council should Bearings on 'roposed,Tax Rate — Conduct a public hearing and consideration and/or regarding the adoption of the FY 2015 -16 Tax Rate. (Public hearing) (J. Kessel/J. ON Mayor Carpenter recognized Senior Budget Analyst James Walters who stated at the August 4th, 2015 regular session the City Council, by record vote, established a proposed preliminary maximum tax rate,of$0.491.1 per $1.00 of value. The proposed rate is not subject to rollback. The first required public hearing was conducted at the August 1.8th regular session and the second required public hearing was conducted at the August 25th regular session. The Property Tax Rate is $0.4911 per $100 valuation. The M &O portion of the tax rate will decrease to $0.3159 per $100 valuation. The I &S portion will decrease to $0.1752. Staff recommends that the City Council approve Ordinance No. 15 -T -31 approving the Fiscal Year 2015 -16 Proposed Tax Rate on the second and final reading. The motion is "I move that property taxes be increased by the adoption of a tax rate of $0.4911, which is effectively a 5.25% increase in the tax rate." 9 -01 -201.5 Minutes Page -19 - Mayor Carpenter recognized Senior Budget Analyst who provided a PowerPoint presentation with the following information as well as answered questions from Council: Mr. Walters provided the below slide of the 2015 Property Taxes. 1 1� 2.50 0 SA River Auth Univ Health System 1 El • • Guadalupe Comal Bexar City of Schertz Tax Rate: Effective: The: tax, rate which, on average, will keep the tax bill the same as in , ceded allows citizens to initiate a rollback election. The s election can reduce the adopted tax rate back to the Current: The rate currently adopted by the City. Proposed Max: The maximum rate set at which the final adopted rate cannot exceed. Tax Rate Effective: $0.4664 Rollback: $0.4912 Current: $0.4974 Proposed Max: $0.4911 Proposed budget is balanced at this rate. $0.01 is equal to $302,980 revenue or $18.53 on the average home. 9 -01 -2015 Minutes Page - 20 - Target Tax Rate Tax Rate Current Proposed Maximum M &O $0.31.64 $0.31.59 For day to day operations I &S $0.1810 $0.1752 To pay the City's Debt Total $0.4974 $0.4911 FY2015 -16 City Tax Rate At $0.4911 2014 Tax Bill = $866.47 Avg Home Value $174,200 2015 Tax Bill = $909.52 Avg Home Value $185,200 Increase =$ 43.05 2014 . Tax Bill = $497.40 Home Value of $100,000 2015 Tax Bill = $491.10 Home Value of $100,000 Decrease = $ -6.30 Mr. Walters provided a slide of the historic was .3977 and in 2015 a proposed maximui 0.6000 0.3000 back in 2005 the total tax rate Mr. Walters provided the following budget calendar FY2015 -16: September 1 Third Public Hearing, Second Vote October 1 Budget goes into effect Ordinance No. 15 -T -31 — Tax Rate for Fiscal Year 2015 -16 - Consideration and/or action approving an Ordinance on the proposed FY 2015 -16 Tax Rate. Final Reading (J. Kessel/J. Walters) The following was read into record: 9 -01 -2015 Minutes Page - 21- ORDINANCE NO. 15 -T -31 AN ORDINANCE APPROVING THE APPRAISAL ROLL; SETTING THE TAX RATE; LEVYING AND ASSESSING GENERAL AND SPECIAL AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SCHERTZ, TEXAS; APPORTIONING THE LEVIES FOR SPECIFIC PURPOSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter opened the public hearing and as no one spoke, closed the public hearing for Council comments. There were no comments from Council. Mayor Carpenter recognized Councilmember A Councilmember Edwards that property taxes be incre $0.4911, which is effectively a 5.25% increase in this 15 -T -31 final reading. The vote was unanitno Councilmembers Azzoz, Edwards and Thompson Councilmember John was absent. Motion passed. 7. Ordinance No. 15 -M -32— Consideration and /or actictp 01 City of Schertz Code of Ordinances establishing the date an effective date; and repealing all Ordinances or parts Ordinance. First Reading (B. Dennis/Ma arlCouncil) The following was read into ORDINANCE NO. 15 -M -32 AN ORDINANCE AMENDING THE CITY -OF SCHERTZ CODE OF ORDINANCES ESTABLISHING THE- DATIM OF CITY ' COUNCIL MEETINGS; PROVIDING AN EFFECTIVE DATE; ;AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. Mayer Carpenter recognized City Secretary Brenda Dennis who stated on August 4, 2015, a request wa's made by Councilriiember Thompson, to place an item on the next agenda for discussion 'and possible action regarding moving to three Council meetings per month. At the Council meeting of August 11, 2015, Council discussed the matter and tasked staff to come up with a meeting ,schedule and a plan for implementation once finalized. Senior staff met =and is recommending the three meetings should be held on the first, second and fourth Tuesdays of each month. If needed, Council would still have the discretion to call a meeting on the third Tuesday. This schedule seems to limit the number of occurrences where there is a two week gap between meetings. City staff will provide notice of the change of meeting dates on the front page of the City's website, through notice in the Schertz Magazine and other media outlets the City of Schertz utilizes such as notices in water bills and the electronic sign in front of city hall. 9 -01 -2015 Minutes Page - 22 - There is no known fiscal impact for the City and staff recommends Council approving Ordinance No. 15 -M -32. Mayor Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by Councilmember Edwards to approve Ordinance No. 15 -M -32 first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, Edwards and Thompson voting for and no one voting no. Councilmember John was absent. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized Councilmember Thompson who stated back when we discussed the cellphone, the greater question was that of distracted driving and he made an open ended request to have a potential distracted driving ordinance drafted; he would like an update on the progress of this. In regard to Item 1.1 of the agenda, he was asked by some other runners if the proposed sidewalks on FM 3009 would be similar to those on Schertz Parkway (exercise friendly). City Manager John Kessel said they could get him that information. Mayor Carpenter asked if staff would get them an update on a broader ordinance regarding distracted driving and it could be listed as a workshop discussion item on a future agenda. 9 -01 -201.5 Minutes Page - 23 - Councilmember Edwards commented that today he heard on the radio that up to age 24 they have changed the driver's license requirements now for distracted driving, starting today. 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro -Tem Fowler who" said be J$ just glad to be back home from his recent road trip. Mayor Carpenter recognized Councilmember Azzoz who said he wanted to recognize all the staff members who did a lot of hard work cib this budget. He also re ogpized the City Manager for his part in the process and for all the budget meetings he attended.' He thinks it is a very comprehensive budget. Mayor Carpenter thanked the taxpayers (businesses and residents), who come together as a community to fund this thing called city. Without the taxpayers contributions it would be impossible. Secondly, he thanked them foi* thir,trust in allowing us to do that job. 11. Information available in Citv Council Packets --'NO DISCUSSION OCCURRED • FM 3009 Si Executive Session Mayor full co meet it No executive Adjournment us will tape tlt session. .on was held. Meeting was adjourned at 8:00 p.m. be going into executive session tonight as they did not have a items up during the next council meeting. Council did not Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 9 -01 -2015 Minutes Page - 24 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: September 8, 2015 Department: Mayor /Council Subject: Ordinance No. 15 -M -32 - A Ordinance by the City Council of the City of Schertz amending the City of Schertz Code of Ordinances regarding City Council meeting dates. Final Reading BACKGROUND Section 4.09(c) of the City Charter of the City of Schertz, Texas provides that the City Council shall meet at least once each month at a time and place prescribed by Ordinance. Section 2.2 of the Code of Ordinances establishes the time and place for Council meetings. The City Council over the years has amended this section, most recently in 2010, when they approved Ordinance 10 -M -27. Currently meetings are set on each of the first four Tuesdays of the month at 6:00 p.m., provided that the City Council by motion or resolution or the City Manager in consultation with the Mayor may cancel any such regular meeting due to conflicting events or meetings or lack of need for a meeting so long as at least one regular meeting of the City Council is conducted each month. The Ordinance also states that regular meetings of the City Council shall commence at 6:00 p.m., and that the regular meetings shall be held at the City Council Chambers, 1400 Schertz Parkway in the City of Schertz, provided that from time to time a regular meeting of the City Council may be conducted in joint session with another governmental body commencing at a different time and/or at another location in the City of Schertz as designated by posed written notice of the City Secretary. On August 4, 2015, a request was made by Councilmember Thompson, to place an item on the next agenda for discussion and possible action regarding moving to three Council meetings per month. At the Council meeting of August 11, 2015, Council discussed the matter and tasked staff to come up with a meeting schedule and a plan for implementation once finalized. Senior staff met and is recommending the three meetings should be held on the first, second and fourth Tuesdays of each month. If needed, Council would still have the discretion to call a meeting on the third Tuesday. This schedule seems to limit the number of occurrences where there is a two week gap between meetings. City staff will provide notice of the change of meeting dates on the front page of the City's website, through notice in the Schertz Magazine and other media outlets the City of Schertz utilizes such as notice in water bills, electronic sign. City Council approved this on first reading at their meeting of September 1, 2015. FISCAL IMPACT There is no known fiscal impact for the City. RECOMMENDATION Staff recommends Council approving Ordinance No. 15 -M -32 on final reading. ATTACHMENTS: Ordinance No. 1.5 -M -32 ORDINANCE NO. 15 -M -32 AN ORDINANCE AMENDING THE CITY OF SCHERTZ CODE OF ORDINANCES ESTABLISHING THE DATES OF CITY COUNCIL MEETINGS; PROVIDING AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. WHEREAS, Section 4.09(a) of the City Charter of the City of Schertz, Texas (the "City ") provides in part that the "City Council shall meet at least once each month at a time and place prescribed by ordinance"; and WHEREAS, Section 2 -2(a) of the City's Code of Ordinances, sets the days, times, and places of regular meetings of the City Council; and WHEREAS, City Council hereby finds and determines that it is appropriated to change the dates of regular meetings of the City Council. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Time and Place of Regular Council Meetings. Section 2 -2(a) of the Code of Ordinances is hereby amended to read as follows: "(a) Regular meetings of the City Council shall be held on the first, second and fourth Tuesdays of each month, provided that the City Council by motion or resolution or the City Manager in consultation with the Mayor may cancel any such regular meeting due to conflicting events or meetings or lack of need for a meeting so long as at least one regular meeting of City Council is conducted each month. Regular meetings of the City Council shall commence at 6:00 p.m. Regular meetings of the City Council shall be held at the City Council Chambers, 1400 Schertz Parkway in the City of Schertz, provided that from time to time a regular meeting of the City Council may be conducted at a different time and/or at another location in the City of Schertz as designated by posted written notice of the City Secretary." Section 2. Effective Date. This Ordinance shall be effective on the 30th day of September, 2015. 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, 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. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this 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. 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 1st day of Septemer, 2015. PASSED, APPROVED and ADOPTED on second reading this the 8th day of Septemer, 2015. APPROVED: Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis 0 City Attorney Ordinance No. 15 -M-XX - 2 - Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: September 8, 2015 Department: City Secretary Subject: Boards, Committees, and Commission appointments — Resignations, appointments BACKGROUND There is a vacant alternate #2 position available on the Parks & Recreation Advisory Board and as a result the City Secretary's department has received an application from Mr. Edward Fair to fill that vacancy. This information was sent out to the Interview Committee and they concurred to place Mr. Fair as an alternate on the Parks & Recreation Advisory Board. FISCAL IMPACT I�►�Cii T-a RECOMMENDATION Ratify the appointment of Edward Fair as an Alternate member to the Parks & Recreation. Advisory Board. ATTACHMENT Edward Fair application Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: September 8, 2015 Department: Administration Subject: Cancellation of the September 22, 2015, and October 6, 2015 City Council meetings BACKGROUND City Staff has found there are no items to be presented to Council for action and that members of Council will be attending the annual Texas Municipal League Conference in San Antonio beginning Tuesday, September 22, 2015 and ending Friday, September 25, 2015. Therefore, staff recommends cancelling the September 22, 2015 City Council meeting. Also, traditionally, Council cancels the regular Council Meeting on the first Tuesday of October in observance of National Night Out. Staff recommends cancelling the October 6, 2015 City Council meeting. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the cancellation of the September 22, 2015, and October 6, 2015 City Council meetings. Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: September 8, 2015 . Department: Parks Subject: Resolution No. 15 -R -65 A Resolution by the City Council of the City of Schertz, Texas authorizing an amendment to the Public Facility License Agreement between the City of Schertz and the Schertz Youth Soccer Alliance (SYSA) — (B. James /C. Van Zandt) BACKGROUND The Parks and Recreation Advisory Board requested that staff provide a copy of the current SYSA Public Facility License Agreement and place an item on the agenda for discussion. The current agreement was approved in 2010. As part of the Parks Board discussion inconsistencies between this agreement and the City's agreement with the Buffalo Valley Youth Association (BVYA) were noted. In particular the requirement that SYSA pay the Schertz Parks and Recreation Foundation $5 per participant per season up to a maximum annual payment of $10,000. The Board felt that it was unfair to charge SYSA a fee that was not being charged to BVYA and that it should be eliminated. On May 18, 2015, the Advisory Board met with the SYSA President to discuss the proposed changes to the existing SYSA Public Facility License Agreement (Attached Existing SYSA Public Facility License Agreement). One of the key changes that emerged as a result of the Board's review of the SYSA Public Facility License Agreement is the recommendation to remove of Article III, Section 3.06 Schertz Parks and Recreation Foundation. This section states that "the Soccer Alliance agrees that, each year of this Agreement, it will donate $5 per participant per season, but subject to a maximum annual contribution pursuant to this Section of $10,000 per year, to the Schertz Parks and Recreation Foundation for future enhancements of the City's parks and recreation facilities." Since this Section is not in the BVYA Public Facility License Agreement, both parties agreed that its removal from the SYSA agreement is appropriate as it will allow SYSA to retain these funds that may be used for maintenance of the recently improved Maske Road Soccer Complex. Staff has notified the Parks and Recreation Foundation of this proposed change. Other changes include eliminating the provision allowing the City to have exclusive use of the facility between July 1 and 6 of each year. It is assumed this provision would have allowed the City to use the facility in conjunction with Jubilee. In light of the fact that the City has not been utilizing the facility and in given the recent improvements it should not be used for non - soccer functions, this provision is being eliminated. Another provision being eliminated is the payment of fees ($25 per team or $5 per person) to the City for tournaments and events for which SYSA must charge for participation. The change allows SYSA to retain all registration fees for tournaments. Finally a provision that requires SYSA to pay the City 50% of all revenues collected from fees charged to spectators is being eliminated. The elimination of both provisions allow SYSA to utilize revenues for operations. At their August 24, 2015 . meeting the City of Schertz Parks and Recreation Advisory Board recommended approval of the amended agreement. At their August 20 meeting the SYSA board approved the amended agreement. FISCAL IMPACT The City will lose revenue from admissions and tournament registration fees. It is unclear as to the fiscal impact going forward in that staff anticipates more tournaments being held at the renovated Maske Road Soccer Complex. RECOMMENDATION Staff recommends that the new Public Facility License Agreement with SYSA be approved as amended. ATTACHMENTS Existing SYSA Public Facility License Agreement Resolution 15 -R -65 Amended SYSA Public Facility License Agreement Exhibit A City Owned Improvements and Equipment RESOLUTION NO. 10 -R -67 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING RENEWAL OF THE PUBLIC FACILITY LICENSE AGREEMENT WITH SCHERTZ YOUTH SOCCER ALLIANCE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the "City Council ") of the City of Schertz (the "City ") previously authorized the City to enter into a Public Facility License Agreement dated as of March 31, 2009 with Soccer Association for Youth of San Antonio, Greater Randolph Area Youth Soccer Association, and SA Lions Futball Inc., relating to utilization of the City's soccer fields at 75 Maske Road, as amended by an Amended and Restated Public Facility License Agreement dated as of July 27, 2010 (the "License Agreement ") between the City and Schertz Youth Soccer Alliance, a Texas non - profit corporation (the "Soccer Alliance "); WHEREAS, the City desires to amend, renew, and extend the License Agreement; now, therefore, BE IT RESOLVED BY T14E CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Public Facility License Agreement with the Soccer Alliance 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. 50352162.1 EXHIBIT A PUBLIC FACILITY LICENSE AGREEMENT See attached 50352162.1 A "1 b 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 19 "' day of October, 2010. ST: _ 9 Secretary QAQ AA J�,4L)6 (CITY SEAL) 50352162.1 CI OF CHERTZ, TEXAS Mayor PUBLIC FACILITY LICENSE AGREEMENT This Public Facility License Agreement (this "Agreement ") dated and effective as of October 19, 2010 (the "Effective Date ") is between the City of Schertz, Texas, a Texas home rule city (the "City "), and Schertz Youth Soccer Alliance, a Texas non -profit corporation (the "Soccer Alliance "). The City and Soccer Alliance is each a "Party" and they are, together, the "Parties ". RECITALS WHEREAS, the City owns and operates various properties for the use and benefit of its citizens, including a current complex of twelve soccer fields and an adjacent parking lot located on approximately 42 acres at 75 Maske Road, Schertz, Texas (the "City Soccer Fields "); WHEREAS, the Soccer Alliance is organized for the purpose of providing organized youth soccer and other recreational services activities to the youth of the City and surrounding areas; WHEREAS, this Agreement amends, renews, and extends the Amended and Restated Public Facility License Agreement dated as of July 27, 2010 between the City and the Soccer Alliance; WHEREAS, the City and the Soccer Alliance desire to enter into this Agreement to support youth athletic programs on behalf of the City; and NOW, THEREFORE, the City and the Soccer Alliance agree as follows: ARTICLE I PURPOSE 1.01 Pu ose. The purpose of this Agreement is to establish the terms and conditions under which the Soccer Alliance will use the City Soccer Fields and other property described in Section 2.01 below, for the operation of its component organizations' recreational services for the youth of the City and related activities. ARTICLE 11 LICENSE 2.01 Licensed Property. In consideration of the obligations herein contained to be performed by the Soccer Alliance, the City hereby grants to the Soccer Alliance a nonassignable, revocable license to use (a) the City Soccer Fields, and (b) all City -owned improvements and equipment located on the City Soccer Fields on the date hereof and described on Exhibit A (together, the "Licensed Property "). 2.02 City Use. The City shall have exclusive use of the Licensed Property from July 1 through July 6 of each year. The Soccer Alliance shall not schedule any event at such time at the Licensed Property. without the prior written consent of the City Manager. The City shall be 50352163.1 responsible for any repair and clean -up arising from the City's use of the Licensed Property during this period directly related to the City's exclusive use thereof. 2.03 Other Users. (a) The City agrees that the Soccer Alliance shall be the primary licensee of the Licensed Property. The Soccer Alliance agrees that it will make available two fields on the Licensed Property for joint use with the Buffalo Valley Youth Association (`BVYA ") for Fall football league play. The two designated fields will be equipped, at the expense of BVYA, with combination football /soccer goals to facilitate this joint use. Any other organization or group desiring to use the Licensed Property during the term of this Agreement shall contact the Soccer Alliance, and the Soccer Alliance agrees to make reasonable efforts to make the Licensed Property available to such other parties pursuant to Section 5.02 if such requested use does not conflict with activities scheduled by the Soccer Alliance, BVYA, or as otherwise required 'by this Agreement. The Soccer Alliance shall contact BVYA in writing, with a copy to the City, no later than the 10a` business day of August of each year to coordinate the scheduling of such joint use and shall confirm the final arrangements of such joint use in writing to BVYA, with a copy to the City, no later than August 31 of such year. Under any such sublicense, the Soccer Alliance will retain full responsibility for its obligations hereunder relating to the Licensed Property. (b) When the Licensed Property is not in use by the Soccer Alliance for scheduled practices, clinics, tournaments, or similar activities, league play, required maintenance, or use by another party pursuant to paragraph (a) above or Section 5.02, the City Soccer Fields (but not the improvements and equipment described on Exhibit A) shall be available for use by the general public during normal hours. 2.04 Restrictions on Other Uses. The Soccer Alliance may not use or authorize the use of the Licensed Property for political or sectarian activity or for any other activity not authorized by this Agreement. The parking lot which is part of the Licensed Property may be used by a member in good standing of a Soccer Alliance member. The parking lot may not be used by any non Soccer Alliance organization or its members without the execution of a sublicense agreement pursuant to Section 5.02, nor shall any Soccer Alliance member schedule an event to be held somewhere other than the Licensed Property with the intention of utilizing the Parking Lot without prior written approval by the City. 2.05 Term. The initial term of this Agreement shall be from the Effective Date through September 30, 2011 (the "Initial Term "). This Agreement shall automatically extend thereafter for successive one (1) year periods for up to ten (10) annual renewals (through September 30, 2021) unless either the City or the Soccer Alliance notifies the other in writing not later than sixty (60) days prior to the end of the then current term of this Agreement that it does not want to extend the term hereof. This Agreement, and the Parties' obligations hereunder, shall terminate at the end of the then - current term if either Party gives such notice. 2.06 Default and Termination. Notwithstanding the provisions of Section 2.05, this Agreement may be terminated at the sole option of the City in the event the Soccer Alliance 50352163.1 -2- breaches or is in default under any of the terms or conditions of this Agreement and such breach is not cured within ten (10) business days after written notice thereof. In addition, notwithstanding the provisions of Section 2.05, either Party may cancel this Agreement at any time by giving sixty (60) days written notice to the other Party of its intention to terminate this Agreement. ARTICLE III CONSIDERATION 3.01 Fees. The Soccer Alliance shall pay an annual license fee under this Agreement of $1.00 per year, payable to the City. Such license fee is due and payable every October 1, beginning on October 1, 2011. 3.02 Non - Resident Surcharge and Reports. The Soccer Alliance anticipates that a majority of participants in Soccer Alliance activities and using the Licensed Property shall be residents of the City. The Soccer Alliance shall charge non - residents of the City participating in season -long activities on the Licensed Property (including season -long activities authorized pursuant to Section 5.02) $10 per season. Non - resident fees shall be paid to the City no later than October 31, and shall be reconciled in March to account for new, non - resident participants who join after October 31. Payments to account for new players shall be made no later than April 15. The Soccer Alliance shall provide a report to the Soccer Alliance Board of Directors no later than thirty (30) days after the commencement of each season of each year of this Agreement, listing all resident and non - resident participants participating in season -long activities on the Licensed Property (including season -long activities authorized pursuant to Section 5.02), including the home address of each participant. The Soccer Alliance shall provide the Director of Parks, Recreation, and Community Services a schedule of all seasonal activities on the Licensed Property. In this Section, "season" shall be defined as the period beginning August 1 of a year and ending the following July 31. 3.03 Utilities and Parking. (a) The City agrees to pay all electric, water, and sewer utility charges for the Licensed Property and concession facilities located thereon. The Soccer Alliance agrees to reimburse the City for thirty percent (30 %) of all such electric, water, and sewer utility charges. Payments shall be made by the Soccer Alliance to the City monthly within thirty (30) days after invoicing from City. (b) The Soccer Alliance may charge a fee to spectators for viewing and/or parking while attending any event to help defray the cost of such events and serve as a Soccer Alliance fundraiser. The Soccer Alliance shall pay to the City fifty percent (50 %) of the receipts, if any, for parking on the Licensed Property, with such payment due to the City within thirty (30) days after the date of collection of such receipts. The Soccer Alliance shall notify the City in writing regarding each event at which such a charge is imposed. 3.04 Permits. The Soccer Alliance shall be responsible for obtaining all required licenses, permits, and approvals from the City relating to operation of the Licensed Property 50352163.1 -3- under this Agreement, including, but not limited to, food handlers' licenses, health inspection permits, and electrical, plumbing, and construction permits. Electrical, plumbing, and construction permit fees imposed by the City may be waived on a case -by case basis by the City Manager of the City. However, standard City penalties will apply for any failure to obtain any required license, permit, or approval. 3.05 Payments to City. The Soccer Alliance shall establish and maintain a bank account from which all payments to the City under this Agreement may be issued, with each such payment being made by a single check. 3.06 Schertz Parks and Recreation Foundation. The Soccer Alliance agrees that, each year of this Agreement, it will donate $5 per participant per season, but subject to a maximum annual contribution pursuant to this Section of $10,000 per year, to the Schertz Parks and Recreation Foundation for future enhancements of the City's parks and recreation facilities. Such payments shall be due on October 1 of each year, commencing October 1, 2011. In this Section, "season" shall be defined as the period beginning August 1 of a year and ending the following July 31. ARTICLE IV ADDITIONAL AGREEMENTS 4.01 Soccer Alliance Representative. The Soccer Alliance shall designate an individual (and may designate one alternate to act in his or her absence) as its Authorized Representative who shall have full authority to act for the Soccer Alliance and to bind the Soccer Alliance regarding any matter under this Agreement. The initial Authorized Representative is Robert Wallace. The Soccer Alliance may designate a different Authorized Representative (and alternate, if any) from time to time by written notice to the City signed by an officer of the Soccer Alliance. Such Authorized Representative (and alternate, if any) shall be the sole point of contact with the City on matters concerning this Agreement and the Licensed Property. 4.02 Soccer Alliance Organization. The Soccer Alliance shall be an entity qualified as a 501(c)(3) organization under Federal tax law. The Soccer Alliance certifies that it has provided the City with a copy of all material that it has filed with the Internal Revenue Service for application for 501(e)(3) status. A copy of any material filed with the Internal Revenue Service after the Effective Date of this Agreement shall be provided to the City within five (5) business days after such filing. The Soccer Alliance shall promptly provide to the City a copy of all correspondence it receives from the IRS within five (5) business days after such receipt. 4.03 Soccer Alliance Directors and Officers. The Board of Directors of the Soccer Alliance shall consist of the following seven persons: four (4) selected by the members of the Soccer Alliance, and three (3) appointed by the City. The President of the Soccer Alliance shall be a resident of the City. The Soccer Alliance shall notify the City Director of Parks, Recreation, and Community Services in writing of any changes to the Officers or Directors of the Soccer Alliance Board of Directors within thirty (30) days of such change, including the names of any new Officers or Directors. 50352163.1 -4- 4.04 Soccer Alliance Board Meetings. No later than the 1st day of each month, the Soccer Alliance shall provide the City Director of Parks, Recreation, and Community Services with a written a schedule of all upcoming meetings of the Board of Directors of the Soccer Alliance. The Soccer Alliance shall notify the City Director of Parks, Recreation, and Community Services immediately of any change in the meeting of the Board of Directors of the Soccer Alliance in the current month. The City Manager, the Director of Parks, Recreation, and Community Services, or his /her designee may attend any or all meetings of the Board of Directors of the Soccer Alliance. 4.05 Concessions; Other Improvements. In addition to the concession facilities described on Exhibit A, the Soccer Alliance may, with the prior written consent of the City Manager, place (at its sole expense) and operate concession facilities on the Licensed Property for Soccer Alliance activities during Soccer Alliance events. The Soccer Alliance may also place fences, bleachers, and other appropriate equipment or improvements on the Licensed Property at its sole expense and with the prior written consent of the City Manager. 4.06 Financial Reporting. The Soccer Alliance shall submit a copy of its monthly financial statement for the previous month to the City no later than the 15th day of the following month, commencing November 15, 2010. This statement shall reflect all revenues and expenditures incurred during the prior month. The Soccer Alliance shall submit a copy of its unaudited annual financial statement for the previous year to the City no later than February 1 of each year of this Agreement, commencing February 1, 2011. This statement shall reflect all revenues and expenditures incurred during the prior Soccer Alliance fiscal year (January 1 through December 31). The City reserves the right to require the Soccer Alliance to submit a certified financial audit conducted by a registered certified public accountant upon request, on dates to be agreed to by the Soccer Alliance and the City. 4.07 Audit and Inspection. The City shall have the right to inspect the financial records of the Soccer Alliance at any time during the term of this Agreement. In addition, the City retains the right to order a financial audit, at the City's sole discretion and expense, of the Soccer Alliance. 4.08 Monthly Report. On the first business day of each month during the term of this Agreement, commencing November 1, 2010, the Soccer Alliance shall provide City with a report detailing the services it has provided since the preceding October 1, as applicable, which report shall address at least the performance indicators identified in Exhibit B. This report is in addition to the monthly financial reports required by Section 4.06, the monthly calendar updates required by Section 4.09, and the seasonal reports required by Section 3.02. 4.09 Calendar of Events. The Soccer Alliance shall provide the City Director of Parks, Recreation, and Community Services with a yearly calendar; updated monthly on the first of the month, commencing November 1, 2010, of anticipated usage for the Licensed Property. An overall schedule of sport programs and their season beginning dates at the Licensed Property shall be provided to the City Director of Parks, Recreation, and Community Services on the Effective Date and thereafter no later than October 1 of each year of this Agreement. 50352163.1 -5- ARTICLE V SPECIAL ACTIVITIES AND SUBLICENSING 5.01 Hosting of Clinics Tournaments, and Similar Events. The Soccer Alliance shall have authority to host clinics, tournaments, and similar events on the Licensed Property. Commencing with the first season after the Effective Date of this Agreement, the Soccer Alliance will charge for participation in such events and pay to the City a fee of $25.00 per team or $5.00 per person if not a team activity. Such fee shall not apply to tryouts for team membership. Such fee shall be remitted to the City within ten (10) days after each such event. 5.02 Sublieensin of f City Soccer Fields and Concessions. The City grants the Soccer Alliance the right to sublicense the Licensed Property to non - Soccer Alliance groups for recreational purposes. The Soccer Alliance will be responsible for coordinating all such sublicensing. Fees charged by the Soccer Alliance for sublicensing must be approved in advance in writing by the City's Director of Parks, Recreation, and Community Services, and the Soccer Alliance shall retain all of such fees. The Soccer Alliance shall be responsible for all maintenance, clean -up, and providing necessary field equipment such as goals, nets, field chalk, scoreboards, and other necessary equipment when sublicensing fields and /or concessions to other parties. No such sublicensing shall release the Soccer Alliance from any of its obligations hereunder. The approved form of sublicensing agreement is attached hereto as Exhibit C. ARTICLE VI FACILITY EQUIPMENT AND MAINTENANCE 6.01 Improvements to Facilities. The Soccer Alliance shall not make any alterations, additions, or improvements to the Licensed Property without the prior written consent of the City Manager, which consent will not be unreasonably withheld. All alterations, additions, or improvements made by the Soccer Alliance shall become the property of the City at the termination of this Agreement. 6.02 Damages to Licensed Property, The Soccer Alliance shall repair, replace, or reimburse the City for any and all damages to the Licensed Property incurred caused by misuse, negligence, and /or deliberate act by the Soccer Alliance, its constituent organizations, Soccer Alliance event participants or spectators, or any sublicensee. 6.03 City Inspections. The Director of Parks, Recreation, and Community Services or his/her designee and the Soccer Alliance shall inspect the Licensed Property at least annually to review its condition and then - current or anticipated repair needs. The Director of Parks, Recreation, and Community Services or his/her designee shall file an annual report on the result of the inspection with the City Manager on or before October 1 of each year. The City reserves the right to inspect the Licensed Property at any time. 6.04 Soccer Field Equipment. The Soccer Alliance shall provide equipment for the City Soccer Fields in addition to the City -owned equipment described on Exhibit A, including soccer goals, nets, scoreboard controllers, chalking machines, mowers, tractors, field groomers, and other similar equipment. The Soccer Alliance will maintain in good repair, and replace when damaged or obsolete, all equipment provided by the City and described on Exhibit A. 50352163.1 -6- 6.05 Soccer Field Maintenance. The Soccer Alliance shall provide all appropriate daily maintenance, cleaning, inspection, and other routine maintenance of the City Soccer Fields, including grass mowing, aeration, and fertilizing and maintenance of the irrigation system. 6.06 Facility Maintenance. (a) Soccer Alliance. The Soccer Alliance shall perform all required maintenance on the existing concession facilities and all additional authorized concession facilities and all bleachers and any other improvements placed on the Licensed Property pursuant to Section 4.03. The Soccer Alliance shall be responsible for furnishing and maintaining all concession equipment including but not limited to ice machines, fountain drink dispensing equipment, fryers, grills, freezers, refrigerators, and other assorted food preparation and storage equipment. The Soccer Alliance agrees to keep concession stands and other facilities operated by it within the Licensed Property, including restrooms, clean and free from all refuse. (b) Cam. The City agrees to perform maintenance on lighting systems and fencing on the Licensed Property and to repair structural damage on concession and restroom facilities on the Licensed Property. Recommended repair work orders may be submitted by the Soccer Alliance's Authorized Representative to the Director of Parks, Recreation, and Community Services. If required repair is the result of damage by the Soccer Alliance, its volunteers or participants at events authorized by the Soccer Alliance, the Soccer Alliance shall be responsible for the cost of such repairs. ARTICLE VII CONCESSIONS 7.01 Exclusive Right. The Soccer Alliance shall have the exclusive right to famish concession services selling consumer items usually and customarily sold at sporting event concession facilities (but not including alcoholic beverages) on the Licensed Property for Soccer Alliance- sponsored and organized events including clinics, tournaments, and similar events. 7.02 Reservation of Rights. The City reserves the right to operate concessions at City - designated or operated events. ARTICLE VIII FACILITY ADVERTISING 8.01 Exclusive Right. Subject to the last sentence of this Section, the Soccer Alliance shall have the exclusive rights to solicit and display advertising at the City Soccer Fields, including banners and scoreboard panels. All advertising banners and signs shall be appropriate for youth - related activities. The Soccer Alliance may retain all revenues resulting from advertising banners and signs. The City may place signs and banners on the Licensed Property without charge. 8.02 Prohibited Signs, Locations. Signs erected pursuant to Section 8.01 are exempt from sign - permitting requirements, but no sign shall be erected that is otherwise in violation of the City's Unified Development Code. Under no circumstances shall signs be affixed to utility 50352163.1 -7- poles, light poles, traffic control devices, or to a building or parking location or directional signage. The City Manager or his/her designee may order the removal of any sign that is deemed by him/her to be out of compliance or in poor taste. 8.03 Material. All advertising banners attached to fencing shall be made of light- weight banner material. No wood advertising panels may be attached to any fencing. 8.04 Securing Advertising Material. All advertising attached to City -owned structures or fences must be properly secured to ensure the safety of users and visitors. 8.05 Damage, Repair. The Soccer Alliance shall be responsible for all damages caused by banners or other advertising signs on City property. ARTICLE IX INSURANCE 9.01 City Insurance. The City shall provide insurance it deems appropriate for all facilities and equipment described on Exhibit A. 9.02 Soccer Alliance Insurance. The Soccer Alliance shall maintain commercial general liability insurance in the amount of at least $1,000,000 per occurrence, $1,000,000 annual aggregate, naming the City as additional insured, and shall provide the City on the Effective Date with a certificate of insurance for that policy. If at any time the Soccer Alliance has any employees, it shall also maintain statutory workers compensation insurance and shall provide the City with a certificate of insurance for that policy granting a waiver or subrogation in favor of the City. Such insurance coverage may not be cancelled or reduced without at least thirty (30) days prior written notice to the City. ARTICLE X RELEASE AND INDEMNIFICATION 10.01 The Soccer Alliance and its three constituent organizations each release and indemnify the City and its officers, agents, and employees from any and all liability claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and causes of action of any and every kind and nature arising or growing out of or in any way connected with this Agreement, including for the negligence of the City and its officers, agents, and employees. This obligation to indemnify shall include the retention of legal counsel for the City and the other indemnified parties, and investigation costs and all other reasonable costs, expenses, and liabilities of the City and the other indemnified parties arising from the initial notice that a claim or demand has been made or may be made. ARTICLE XI NOTICES 11.01 Notices. Unless otherwise provided in this Agreement, any notice, communication, request, or advice (herein severally and collectively for convenience called "notice ") herein provided or permitted to be given, made or accepted by either Party to the other shall be in writing and may be given or be served by depositing the same in the United States 50352163.1 -8- Mail, postpaid and registered or certified and addressed to the Party to be notified, with return receipt requested, or by delivering the same to the City Manager of the City or the Authorized Representative of the Soccer Alliance, or by facsimile, when appropriate, addressed to the Party to be notified. Except as set forth below, notice given shall be effective only if and when received by the Party to be notified. Notice deposited in the Mail in the manner herein above described shall conclusively deemed to be effective, after the expiration of three (3) days after it is so deposited. For the purposes of notice, the addresses of the Parties shall, until change as hereinafter provided, be as shown below. The Parties may specify any other address in the State of Texas by at least fifteen (15) days written notice to the other Party. If to the City to: City of Schertz, Texas 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager If to Soccer Alliance to: Schertz Youth Soccer Alliance P.O. Box 205 Schertz, Texas 78154 Attention: President ARTICLE XII GENERAL AND MISCELLANEOUS PROVISIONS 12.01 Regulatory Requirements. This Agreement and the obligations of the Parties hereunder are subject to all rules, regulations, and laws that may be applicable by the United States, the State of Texas, the City, or any other political subdivision regulatory agency having jurisdiction. 12.02 Non - Discrimination. The Soccer Alliance shall not discriminate against any participant or volunteer on the basis of age, race, sex, creed, religion, or national origin, or participant on the basis of race, sex, creed, religion or national origin. The Soccer Alliance shall comply with all applicable local, state, and federal employment, opportunity, and affirmative action rules, regulations, and laws. 12.03 Assignment. The Soccer Alliance may not assign its interests hereunder without the prior written consent of the City. 12.04 Implied Waiver. The failure of either Party hereto to insist, in any one or more instances, upon performance of any the terms, covenants, or conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition by the other Party hereto, but the obligation of such other Party with respect to such future performance shall continue in fall force and effect. 12.05 Independent Contractor; No A eg ncy. The Soccer Alliance is an independent contractor and operator and is solely responsible to all third parties for its acts or omissions. Under no circumstances shall the Soccer Alliance be or be deemed to be an agent of the City, and the Soccer Alliance shall have no authority to obligate the City financially or otherwise. 50352163.1 -9- 12.06 Severability. The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section or other part of this Agreement to the other persons or circumstances shall not be affected thereby. 12.07 Merger. This Agreement constitutes the entire agreement between the Parties relative to the subject matter hereof. There are no agreements, covenants, representations, or warranties between the Parties as to the subject matter hereof other than those expressly stated or provided for herein. 12.08 Cooperation. Each Party hereby agrees that it shall take all actions and execute all documents necessary to fully carry out the purposes and intent of this Agreement. 1 12.09 Governing Law. 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. 12.10 Amendments. No amendment, modification, or alteration of the terms hereof shall be binding unless it is in writing, dated subsequent to the date of this Agreement, and duly executed by the Parties. 12.11 Counterparts. The Agreement may be executed in multiple counterparts, and such counterparts, when taken together, shall have the full force and effect of an original, fully executed instrument. [The remainder of this page intentionally left blank.] 50352163.1 -10- IN WITNESS WHEREOF, this Agreement is executed in duplicate originals as of the Effective Date, CITY OF SCHERTZ, , City Manager SCHERTZ YOUTH SOCC ALLIANCE By: Robert Wallace, President 50352163.1 S-1 EXHIBIT A CITY -OWNED IMPROVEMENTS AND EQUIPMENT 12 soccer fields with operating irrigation system parking lot adjacent to soccer fields 30 soccer goals and nets 10 light poles and related electrical panel 3 small pavilions /kiosks 4,925 linear feet of chain link fencing and gates 50352163.1 A -1 EXHIBIT B PERFORMANCE MEASURES 50352163.1 B -1 Schertz Resident Participants Non - Schertz Resident Participants Soccer Other (specify type of event) Boys Girls Boys Girls Special Events under Section 5.01 Summary of Volunteer Activities 50352163.1 B -1 EXHIBIT C SUBLICENSE AGREEMENT This Sublicense Agreement (this "Sublicense Agreement ") is dated this day of 20J between Schertz Youth Soccer Alliance (the "Licensor ") and (the "Licensee "). The City of Schertz (the "City ") owns what is commonly known as the Schertz Soccer Complex at 75 Maske Road (the "City Soccer Fields "). Pursuant to an agreement between the City and the Licensor (the "City Agreement' ), the Licensor is responsible, subject to the terms of the Agreement, for the operation and maintenance of the City Soccer Fields, and the Licensor, subject to its power and authority under the City Agreement, desires to grant a sublicense to the Licensee for use of all or a portion of the City Soccer Fields to the Licensee as further described herein. The Licensee desires to secure a license to use such facilities as hereinafter described. In consideration of the mutual covenants herein contained, the parties agree as follows: Subject to the terms and conditions hereof, the Licensor grants to and Licensee accepts from the Licensor the right and privilege to use the hereinafter described Licenses Premises. 2. The term of this Sublicense Agreement shall be for the following dates and times only: 3. The portion of the City Soccer Fields covered by this Sublicense Agreement is described as follows: (the "Licensed Premises "). 4. The Licensee's use of the Licensed Premises is subject to the payment of a fee of $ to the City payable as follows: The Licensee has inspected the Licensed Premises which are the subject of this Sublicense Agreement and accepts the same in their existing condition and agrees that neither the City nor the Licensor will make any alterations or improvements thereto. 6. The Licensed Premises shall be used for the purpose stated in the application or proposal filed by the Licensee with the Licensor, and no other use will be permitted. 7. Notwithstanding anything to the contrary, the sale or use of liquor, beer, or other alcoholic beverages on the Licensed Premises is expressly forbidden without prior written permission of the Licensor and the City. 8. The Licensee shall furnish and install at its expense all additional equipment that may be necessary for the activity and use to which the Licensee will put Licensed Premises. 50352163.1 C -1 9. The Licensee, at its expense, shall leave the Licensed Premises clean and free of all trash and litter and all fixtures in good working condition. No alterations or additions shall be made to the Licensed Premises without the prior written consent of the Licensor and the City. All approved alterations and additions to the Licensed Premises become the property of the City upon the termination of this Sublicense Agreement. 10. The Licensee shall not charge admission or fee to the public without the prior written consent of the Licensor and to the City. 11. Persons engaged by the Licensee to provide labor and service shall not be deemed or considered employees, agents, or independent contractors of the Licensor or the City. 12. The Licensee shall comply with all rules and regulations of the Licensor and the City with respect to the use of the Licensed Premises. 13, The Licensee shall maintain and be responsible for the Licensed Premises but only during the times previously specified when it will be occupying the Licensed Premises. 14. Throughout the term of this Sublicense Agreement, the Licensee shall maintain insurance for bodily injury, death, or property damage occasioned by the reason of the Licensee's use of the Licensed Premises for the activity which it is sponsoring with minimum limits of liability in the amount of $1,000,000 per occurrence. The Licensor and the City shall each be named an additional insured on this policy but only with respects to claims or losses against it resulting from the negligence of the Licensee and any employee, agent, official, or invitee of the Licensee. A certificate evidencing such insurance shall be furnished to the Licensor prior to commencement of any activity by the Licensee on the Licensed Premises. 15. The Licensee shall hold the Licensor and the City, their respective agents, officers, employees, and board members or City Councilmembers harmless from and shall defend and indemnify them from and against all. liability for injuries to or death of persons or damage to property arising from the activities of the Licensee and any employee, agent, official, or invitee of the Licensee. 16. The Licensor shall hold the Licensee and the City, their respective agents, officers, employees, and board members or City Councilmembers harmless from and shall defend and indemnify them from and against all liability for injuries to or death of persons or damage to property arising from the negligence of the Licensor and any employee, agent, official, or invitee. 17. Upon breach of this Sublicense Agreement for any reason by the Licensee, the Licensor shall have full authority to retake immediate possession of the Licensed Premises. 50352163.1 C -2 18. The Licensee may not assign any right, privilege, or license conferred by this Sublicense Agreement without the prior written consent of the Licensor and the written acknowledgment of the City. 19. The Licensee covenants that the person signing this Sublicense Agreement on behalf of the Licensee is fully empowered by appropriate action, if necessary, to execute this Sublicense Agreement on its behalf. In witness whereof the parties have executed this Sublicense Agreement effective as of the date on page 1 of this Sublicense Agreement. SCHERTZ YOUTH SOCCER ALLIANCE (Licensee's Printed Name) By: By: Title: President Licensee's Name Address City Contact Person Home /Cell Phone Number Work Phone Number Acknowledged *: CITY OF SCHERTZ State By Director of Parks, Recreation, and Community Services City Manager City Council Approval Not Required 50352163.1 C -3 Zip Code RESOLUTION NO. 15 -R -65 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO PUBLIC FACILITY LICENSE AGREEMENT WITH THE SCHERTZ YOUTH SOCCER ALLIANCE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, in 2010 the City of Schertz (the "City ") entered into a License agreement with the Schertz Youth Soccer Alliance relating to the facility maintenance and program management of the Schertz Soccer Complex; and WHEREAS, the City has recently made significant improvements to the Maske Road Soccer Complex; and WHEREAS, it is anticipated that the Maske Road Soccer Complex is now better suited to hosting soccer tournaments; and WHEREAS, it is anticipated that the costs to maintain the Maske Road Soccer Complex will increase for the Schertz Youth Soccer Alliance WHEREAS, the City Council has determined that it is in the best interest of the City to amend the existing contract with the Schertz Youth Soccer Alliance pursuant to the Public Facility License Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the Schertz Youth Soccer Alliance 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 8th day of September, 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50077397.1 imall 50077397.1 A -1 PUBLIC FACILITY LICENSE AGREEMENT This Public Facility License Agreement (this "Agreement ") dated and effective as of September 2015 (the "Effective Date ") is between the City of Schertz, Texas, a Texas home rule city (the "City "), and Schertz Youth Soccer Alliance, a Texas non -profit corporation (the "Soccer Alliance "). The City and Soccer Alliance is each a "Party" and they are, together, the "Parties ". WHEREAS, the City owns and operates various properties for the use and benefit of its citizens, including a current complex of twelve soccer fields and an adjacent parking lot located on approximately 42 acres at 75 Maske Road, Schertz, Texas (the "City Soccer Fields "); WHEREAS, the Soccer Alliance is organized for the purpose of providing organized youth soccer and other recreational services activities to the youth of the City and surrounding areas; WHEREAS, the City finds the services provided by Soccer Alliance promotes the health, safety morals and or general welfare of the residents of the City; WHEREAS, Soccer Alliance has requested the use of the City Soccer Fields for its youth soccer programs and other youth oriented services and the City has developed a facility use methodology so that the Facility is also available to the general public; and WHEREAS, this Agreement amends, renews, and extends the Amended and Restated Public Facility License Agreement dated as of July 27, 2010 between the City and the Soccer Alliance; WHEREAS, the City and the Soccer Alliance desire to enter into this Agreement to support youth athletic programs on behalf of the City; and NOW, THEREFORE, the City and the Soccer Alliance, in consideration of the following mutual promises and obligations, and for the benefit of the City of Schertz and the health, safety, morals and/or general welfare of its residents, the parties agree as follows:: ARTICLE I PURPOSE 1.01 Purpose. The purpose of this Agreement is to establish the terms and conditions under which the Soccer Alliance will use the City Soccer Fields and other property described in Section 2.01 below, for the operation of its component organizations' recreational services for the youth of the City and related activities. ARTICLE II LICENSE 2.01 Licensed Property. In consideration of the obligations herein contained to be performed by the Soccer Alliance, the City hereby grants to the Soccer Alliance a non - assignable, revocable license to use (a) the City Soccer Fields, and (b) all City -owned improvements and equipment 1 located on the City Soccer Fields on the date hereof and described on Exhibit A (together, the "Licensed Property "). 2.02 Other Users. (a) The City agrees that the Soccer Alliance shall be the primary licensee of the Licensed Property. The Soccer Alliance agrees that it will make available two fields on the Licensed Property for joint use with the Buffalo Valley Youth Association ( "BVYA ") for Fall football league play. The two designated fields will be equipped, at the expense of BVYA, with combination football /soccer goals to facilitate this joint use. Any other organization or group desiring to use the Licensed Property during the term of this Agreement shall contact the Soccer Alliance, and the Soccer Alliance agrees to make reasonable efforts to make the Licensed Property available to such other parties pursuant to Section 5.02 if such requested use does not conflict with activities scheduled by the Soccer Alliance, BVYA, or as otherwise required by this Agreement. The Soccer Alliance shall contact BVYA in writing, with a copy to the City, no later than the 10th business day of August of each year to coordinate the scheduling of such joint use and shall confirm the final arrangements of such joint use in writing to BVYA, with a copy to the City, no later than August 3lst of such year. Under any such sublicense, the Soccer Alliance will retain full responsibility for its obligations hereunder relating to the Licensed Property. (b) When the Licensed Property is not in use by the Soccer Alliance for scheduled practices, clinics, tournaments, league play, required maintenance or use by another party pursuant to paragraph (a) above or Section 5.02, the City Soccer Fields (but not the improvements and equipment described on Exhibit A) shall be available for use by the general public during normal complex hours. Any organization or group desiring to use the Licensed Premises during the term of this Agreement shall contact the Soccer Alliance and the Soccer Alliance agrees to make said facilities available to other parties pursuant to Section 5.02. 2.03 Restrictions on Other Uses. The Soccer Alliance may not use or authorize the use of the Licensed Property for political or sectarian activity or for any other activity not authorized by this Agreement. The parking lot which is part of the Licensed Property may be used by a member in good standing of a Soccer Alliance member. The parking lot may not be used by any non - Soccer Alliance organization or its members without the execution of a sublicense agreement pursuant to Section 5.02. 2.04 Term. The term of this Agreement shall be from the Effective Date through June 30, 2020 (the " Term "). Upon the mutual consent of the Parties, this Agreement may be renewed annually, provided the City's City Council allocates sufficient funds to meet its obligations under this Agreement. 2.05 Default and Termination. Notwithstanding the provisions of Section 2.05, this Agreement may be terminated at the sole option of the City in the event the Soccer Alliance breaches or is in default under any of the terns or conditions of this Agreement and such breach is not cured within ten (10) business days after written notice thereof. In addition, notwithstanding the provisions of Section 2.05, either Party may cancel this Agreement at any 14 time by giving sixty (60) days written notice to the other Party of its intention to terminate this Agreement. ARTICLE III CONSIDERATION 3.01 Fees. The Soccer Alliance shall pay an annual license fee under this Agreement of $1.00 per year, payable to the City. Such license fee is due and payable every October 1, beginning on October 1, 2015. . 3.02 Non - Resident Surcharge and Reports. The Soccer Alliance anticipates that a majority of participants in Soccer Alliance activities and using the Licensed Property shall be residents of the City. The Soccer Alliance shall charge non - residents of the City participating in season -long activities on the Licensed Property (including season -long activities authorized pursuant to Section 5.02) $10 per season. Non- resident fees shall be paid to the City no later than October 31, and shall be reconciled in March to account for new, non - resident participants who join after October 31. Payments to account for new players shall be made no later than April 15. The Soccer Alliance shall provide a report to the Soccer Alliance Board of Directors no later than thirty (30) days after the commencement of each season of each year of this Agreement, listing all resident and non - resident participants participating in season -long activities on the Licensed Property (including season -long activities authorized pursuant to Section 5.02), including the home address of each participant. The Soccer Alliance shall provide the Director of Parks, Recreation, and Community Services a schedule of all seasonal activities on the Licensed Property. In this Section, "season" shall be defined as the period beginning August 1 of a year and ending the following July 31. 3.03 Utilities and Parking. (a) The City agrees to pay all electric, water, and sewer utility charges for the Licensed Property and concession facilities located thereon. The Soccer Alliance agrees to reimburse the City for thirty percent (30 %) of all such electric, water, and sewer utility charges. Payments shall be made by the Soccer Alliance to the City monthly within thirty (30) days after invoicing from City. (b) The Soccer Alliance may charge a fee to spectators for viewing and/or parking while attending any event to help defray the cost of such events and serve as a Soccer Alliance fundraiser. 3.04 Permits. The Soccer Alliance shall be responsible for obtaining all required licenses, permits, and approvals from the City relating to operation of the Licensed Property under this Agreement, including, but not limited to, food handlers' licenses, health inspection permits, and electrical, plumbing, and construction permits. Electrical, plumbing, and construction permit fees imposed by the City may be waived on a case -by case basis by the City Manager of the City. However, standard City penalties will apply for any failure to obtain any required license, permit, or approval. 3 3.05 Payments to City. The Soccer Alliance shall establish and maintain a bank account from which all payments to the City under this Agreement may be issued, with each such payment being made by a single check. ARTICLE IV ADDITIONAL AGREEMENTS 4.01 Soccer Alliance Representative. Soccer Alliance shall designate an individual (and may designate one alternate to act in his or her absence) as its Authorized Representative who shall have full authority to act for the Soccer Alliance and to bind the Soccer Alliance regarding any matter under this Agreement. The initial. Authorized Representative is Robert Wallace. The Soccer Alliance may designate a different Authorized Representative (and alternate, if any) from time to time by written notice to the City signed by an officer of the Soccer Alliance. Such Authorized Representative (and alternate, if any) shall be the sole point of contact with the City on matters concerning this Agreement and the Licensed Property. 4.02 Soccer Alliance Organization. The Soccer Alliance shall be an entity qualified as a 501(c)(3) organization under Federal tax law. The Soccer Alliance certifies that it has provided the City with a copy of all material that it has filed with the Internal Revenue Service for application for 501(c)(3) status. A copy of any material filed with the Internal Revenue Service after the Effective Date of this Agreement shall be provided to the City within five (5) business days after such filing. The Soccer Alliance shall promptly provide to the City a copy of all correspondence it receives from the IRS within five (5) business days after such receipt. 4.03 Soccer Alliance Directors and Officers. The Board of Directors of the Soccer Alliance shall consist of the following nine persons: six (6) selected by the members of the Soccer Alliance, and three (3) appointed by the City. The President of the Soccer Alliance shall be a resident of the City. The Soccer Alliance shall notify the City Director of Parks, Recreation, and Community Services in writing of any changes to the Officers or Directors of the Soccer Alliance Board of Directors within thirty (30) days of such change, including the names of any new Officers or Directors. 4.04 Soccer Alliance Board Meetings. No later than the I" day of each month, the Soccer Alliance shall provide the City Director of Parks, Recreation, and Community Services with a written a schedule of all upcoming meetings of the Board of Directors of the Soccer Alliance. The Soccer Alliance shall notify the City Director of Parks, Recreation, and Community Services immediately of any change in the meeting of the Board of Directors of the Soccer Alliance in the current month. The City Manager, the Director of Parks, Recreation, and Community Services, or his/her designee may attend any or all meetings of the Board of Directors of the Soccer Alliance. 4.05 Concessions; Other Improvements. In addition to the concession facilities described on Exhibit A, the Soccer Alliance may, with the prior written consent of the City Manager, place (at its sole expense) and operate concession facilities on the Licensed Property for Soccer Alliance activities during Soccer Alliance events. The Soccer Alliance may also place fences, bleachers, and other appropriate equipment or improvements on the Licensed Property at its sole expense and with the prior written consent of the City Manager. !1 4.06 Financial Reporting. The Soccer Alliance shall submit a copy of its monthly financial statement for the previous month to the City no later than the 15th day of the following month, commencing September 15, 2015. This statement shall reflect all revenues and expenditures incurred during the prior month. The Soccer Alliance shall submit a copy of its unaudited annual financial statement for the previous year to the City no later than February 1st of each year of this Agreement, commencing February 1, 2016. This statement shall reflect all revenues and expenditures incurred during the prior Soccer Alliance fiscal year (January l through December 31). The City reserves the right to require the Soccer Alliance to submit a certified financial audit conducted by a registered certified public accountant upon request, on dates to be agreed to by the Soccer Alliance and the City. 4.07 Audit and Inspection. The City shall have the right to inspect the financial records of the Soccer Alliance at any time during the term of this Agreement. In addition, the City retains the right to order a financial audit, at the City's sole discretion and expense, of the Soccer Alliance. 4.08 Monthly Report. On the first business day of each month during the term of this Agreement, commencing October 1, 2015, the Soccer Alliance shall provide City with a report detailing the services it has provided since the preceding July 1st, as applicable, which report shall address at least the performance indicators identified in Exhibit B. This report is in addition to the monthly financial reports required by Section 4.06, the monthly calendar updates required by Section 4.09, and the seasonal reports required by Section 3.02. 4.09 Calendar of Events. The Soccer Alliance shall provide the City Director of Parks, Recreation, and Community Services with a yearly calendar; updated monthly on the first of the month, commencing October 1, 2015, of anticipated usage for the Licensed Property. An overall schedule of sport programs and their season beginning dates at the Licensed Property shall be provided to the City Director of Parks, Recreation, and Community Services on the Effective Date and thereafter no later than October 1St of each year of this Agreement. ARTICLE V SPECIAL ACTIVITIES AND SUBLICENSING 5.01 Hosting of Clinics, Tournaments, and Similar Events. The Soccer Alliance shall have authority to host clinics, tournaments, and similar events on the Licensed Property. The Soccer Alliance may charge and retain a fee from spectators attending any tournament to defray the cost of those tournaments and serve as a Soccer Alliance fundraiser. 5.02 Sublicensing of City Soccer Fields and Concessions. The City grants the Soccer Alliance the right to sublicense the Licensed Property to non - Soccer Alliance groups for recreational purposes. The Soccer Alliance will be responsible for coordinating all such sublicensing. Fees charged by the Soccer Alliance for sublicensing must be approved in advance in writing by the City's Director of Parks, Recreation, and Community Services, and the Soccer Alliance shall retain all of such fees. The Soccer Alliance shall be responsible for all maintenance, clean -up, and providing necessary field equipment such as goals, nets, field chalk, scoreboards, and other necessary equipment when sublicensing fields and/or concessions to other parties. No such sublicensing shall release the Soccer Alliance from any of its obligations hereunder. The approved form of sublicensing agreement is attached hereto as Exhibit C. 5 ARTICLE VI FACILITY EQUIPMENT AND MAINTENANCE 6.01 Improvements to Facilities. The Soccer Alliance shall not make any alterations, additions, or improvements to the Licensed Property without the prior written consent of the City Manager, which consent will not be unreasonably withheld. All alterations, additions, or improvements made by the Soccer Alliance shall become the property of the City at the termination of this Agreement. 6.02 Damages to Licensed Property. The Soccer Alliance shall repair, replace, or reimburse the City for any and all damages to the Licensed Property incurred caused by misuse, negligence, and /or deliberate act by the Soccer Alliance, its constituent organizations, Soccer Alliance event participants or spectators, or any sublicensee. 6.03 City Inspections. The Director of Parks, Recreation, and Community Services or his/her designee and the Soccer Alliance shall inspect the Licensed Property at least annually to review its condition and then - current or anticipated repair needs. The Director of Parks, Recreation, and Community Services or his /her designee shall file an annual report on the result of the inspection with the City Manager on or before October lst of each year. The City reserves the right to inspect the Licensed Property at any time. 6.04 Soccer Field Equipment. The Soccer Alliance shall provide equipment for the City Soccer Fields in addition to the City -owned equipment described on Exhibit A, including soccer goals, nets, scoreboard controllers, chalking machines, mowers, tractors, field groomers, and other similar equipment. The Soccer Alliance will maintain in good repair, and replace when damaged or obsolete, all equipment provided by the City and described on Exhibit A. 6.05 Soccer Field Maintenance. The Soccer Alliance shall provide all appropriate daily maintenance, cleaning, inspection, and other routine maintenance of the City Soccer Fields, including grass mowing, aeration, and fertilizing and maintenance of the irrigation system. 6.06 Facility Maintenance. (a) Soccer Alliance. The Soccer Alliance shall perform all required maintenance on the existing concession facilities and all additional authorized concession facilities and all bleachers and any other improvements placed on the Licensed Property pursuant to Section 4.03. The Soccer Alliance shall be responsible for furnishing and maintaining all concession equipment including but not limited to ice machines, fountain drink dispensing equipment, fryers, grills, freezers, refrigerators, and other assorted food preparation and storage equipment. The Soccer Alliance agrees to keep concession stands and other facilities operated by it within the Licensed Property, including restrooms, clean and free from all refuse. (b) City. The City agrees to perform maintenance on lighting systems and fencing on the Licensed Property and to repair structural damage on concession and restroom facilities on the Licensed Property. Recommended repair work orders may be submitted by the Soccer Alliance's Authorized Representative to the Director of Parks, Recreation, and Community Services. If required repair is the result of damage by the Soccer Alliance, m its volunteers or participants at events authorized by the Soccer Alliance, the Soccer Alliance shall be responsible for the cost of such repairs. ARTICLE VII CONCESSIONS 7.01 Exclusive Right. The Soccer Alliance shall have the exclusive right to furnish concession . services selling consumer items usually and customarily sold at sporting event concession facilities (but not including alcoholic beverages) on the Licensed Property for Soccer Alliance - sponsored and organized events including clinics, tournaments, and similar events. 7.02 Reservation of Rights. The City reserves the right to operate concessions at City designated or operated events. ARTICLE VIII FACILITY ADVERTISING 8.01 Exclusive Right. Subject to the last sentence of this Section, the Soccer Alliance shall have the exclusive rights to solicit and display advertising at the City Soccer Fields, including banners and scoreboard panels. All advertising banners and signs shall be appropriate for youth - related activities. The Soccer Alliance may retain all revenues resulting from advertising banners and signs. The City may place signs and banners on the Licensed Property without charge. 8.02 Prohibited Signs, Locations. At the City's discretion, signs erected pursuant to Section 8.01 may be exempt from sign - permitting fees. No sign shall be erected that is in violation of the City's Unified Development Code. Under no circumstances shall signs be affixed to utility poles, light poles, traffic control devices, or to a building or parking location or directional signage. The City Manager or his /her designee may order the removal of any sign that is deemed by him /her to be out of compliance or in poor taste. 8.03 Material. All advertising banners attached to fencing shall be made of light - weight banner material. No wood advertising panels may be attached to any fencing. 8.04 Securing Advertising Material. All advertising attached to City -owned structures or fences must be properly secured to ensure the safety of users and visitors. 8.05 Damage, Repair. The Soccer Alliance shall be responsible for all damages caused by banners or other advertising signs on City property. ARTICLE IX INSURANCE 9.01 City Insurance. The City shall provide insurance it deems appropriate for all facilities and equipment described on Exhibit A. 9.02 Soccer Alliance Insurance. The Soccer Alliance shall maintain commercial general liability insurance in the amount of at least $1,000,000 per occurrence, $1,000,000 annual aggregate, naming the City as additional insured, and shall provide the City on the Effective Date 7 with a certificate of insurance for that policy. If at any time the Soccer Alliance has any employees, it shall also maintain statutory workers compensation insurance and shall provide the City with a certificate of insurance for that policy granting a waiver or subrogation in favor of the City. Such insurance coverage may not be cancelled or reduced without at least thirty (30) days prior written notice to the City. ARTICLE X RELEASE AND INDEMNIFICATION 10.01 Release and Indemnification. The Soccer Alliance and its three constituent organizations each release and indemnify the City and its officers, agents, and employees from any and all liability claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and causes of action of any and every kind and nature arising or growing out of or in any way connected with this Agreement, including for the negligence of the City and its officers, agents, and employees. This obligation to indemnify shall include the retention of legal counsel for the City and the other indemnified parties, and investigation costs and all other reasonable costs, expenses, and liabilities of the City and the other indemnified parties arising from the initial notice that a claim or demand has been made or may be made. ARTICLE XI NOTICES 11.01 Notices. Unless otherwise provided in this Agreement, any notice, communication, request, or advice (herein severally and collectively for convenience called "notice ") herein provided or permitted to be given, made or accepted by either Party to the other shall be in writing and may be given or be served by depositing the same in the United States Mail, postpaid and registered or certified and addressed to the Party to be notified, with return receipt requested, or by delivering the same to the City Manager of the City or the Authorized Representative of the Soccer Alliance, or by facsimile, when appropriate, addressed to the Party to be notified. Except as set forth below, notice given shall be effective only if and when received by the Party to be notified. Notice deposited in the Mail in the manner herein above described shall conclusively deemed to be effective, after the expiration of three (3) days after it is so deposited. For the purposes of notice, the addresses of the Parties shall, until change as hereinafter provided, be as shown below. The Parties may specify any other address in the State of Texas by at ]east fifteen (15) days written notice to the other Party. If to the City: City of Schertz, Texas 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager If to the Soccer Alliance: Schertz Youth Soccer Alliance P.O. Box 205 Schertz, Texas 78154 Attention: President N. ARTICLE XII GENERAL AND MISCELLANEOUS PROVISIONS 12.01 Regulatory Requirements. This Agreement and the obligations of the Parties hereunder are subject to all rules, regulations, and laws that may be applicable by the United States, the State of Texas, the City, or any other political subdivision regulatory agency having jurisdiction. 12.02 Non - Discrimination. The Soccer Alliance shall not discriminate against any participant or volunteer on the basis of age, race, sex, creed, religion, or national origin, or participant on the basis of race, sex, creed, religion or national origin. The Soccer Alliance shall comply with all applicable local, state, and federal employment, opportunity, and affirmative action rules, regulations, and laws. 12.03 Assignment. The Soccer Alliance may not assign its interests hereunder without the prior written consent of the City. 12.04 Implied Waiver. The failure of either Party hereto to insist, in any one or more instances, upon performance of any the terms, covenants, or conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition by the other Party hereto, but the obligation of such other Party with respect to such future performance shall continue in full force and effect. 12.05 Independent Contractor; No Agency. The Soccer Alliance is an independent contractor and operator and is solely responsible to all third parties for its acts or omissions. Under no circumstances shall the Soccer Alliance be or be deemed to be an agent of the City, and the Soccer Alliance shall have no authority to obligate the City financially or otherwise. 12.06 Severability. The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section or other part of this Agreement to the other persons or circumstances shall not be affected thereby. 12.07 Merger. This Agreement constitutes the entire agreement between the Parties relative to the subject matter hereof. There are no agreements, covenants, representations, or warranties between the Parties as to the subject matter hereof other than those expressly stated or provided for herein. 12.08 Cooperation. Each Party hereby agrees that it shall take all actions and execute all documents necessary to fully carry out the purposes and intent of this Agreement. 12.09 Governing Law. 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. E 12.10 Amendments. No amendment, modification, or alteration of the terms hereof shall be binding unless it is in writing, dated subsequent to the date of this Agreement, and duly executed by the Parties. 12.11 Counterparts. The Agreement may be executed in multiple counterparts, and such counterparts, when taken together, shall have the full force and effect of an original, fully executed instrument. [The remainder of this page intentionally left blank.] 10 IN WITNESS WHEREOF, this Agreement is executed in duplicate originals as of the Effective Date. CITY: 0 Name: John C. Kessel Title: City Manager SCHERTZ YOUTH SOCCER ALLIANCE: By: Name: Title: *3:IIc3:r_1 CITY -OWNED IMPROVEMENTS AND EQUIPMENT 12 FIFA regulation soccer fields with operating irrigation systems and associated perimeter landscaping 2 Parking lots adjacent to soccer fields 24 soccer goals 6 Field light poles, 13 parking lot light poles and related electrical panels and controllers 1 Concession building with men's and women's restroom facilities /covered patio with 2 Big Ass overhead fans 1 Covered playscape adjacent to the concession building back patio A -1 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: September 8, 2015 Department: Finance Subject: First Reading of Ordinance No. 15 -T -33 authorizing a budget adjustment to replace the Pickrell Park Pool Liner BACKGROUND In the late winter /early spring of 2003, the City of Schertz entered into a contract with a pool rehabilitation specialist company to renovate the 252,000 gallon L- shaped (large) pool and the 2,500 gallon baby (wading) pool at Pickrell Park. Said rehabilitation was accomplished through . the installation of an adhered PVC pool liner system. That system carried a 10 -year warranty which expired in the spring of 2013. . Over winter of FY 2014 - 201.5, staff discovered (through routine winter maintenance inspections) that portions of the existing liner in the large pool had disconnected from the underlayment and that sections of the seams in the liner had come completely apart. Staff was able to repair the seams that had separated and safely refill the pool for public use during this past pool season (summer of 2015). Although the in -house repairs were sufficient for the pool to be operated safely for the season, staff is concerned that the existing liner will not survive another season. If it fails, the pool water can be contaminated with the liner backing material and fiberglass shards from the old pool surfaces. Presence of these materials in the water can pose a public safety hazard. Therefore, it is imperative that the old liner of the large pool be replaced over winter to be ready for public use for the summer of 2016. Per policy, any budget adjustments within a department over $50,000 and any transfers between departments must go before council for approval. FISCAL IMPACT City Staff recommends the funding for this project come from the savings due to having a vacant Parks Director position. The $65,000 necessary to replace the pool liner will not change the overall FY 2014 -1.5 General Fund Budget. Staff recommends that the City Council approve the first reading of Ordinance No. I5 -T -33, approving the budget adjustment to replace the pool liner for Pickrell Park Pool. ATTACHMENT Ordinance No. 15 -T -33 ORDINANCE NO. 15 -T -33 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE GENERAL FUND TO FUND THE PICKRELL POOL LINER REPLACEMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 14 -T -42, the City of Schertz (the "City ") adopted the budget for the City for the fiscal year 201.4 -2015 (the `Budget), which provides funding for the City's operations throughout the 2014 -2015 fiscal year; and WHEREAS, the City needs to adjust the Budget to fund the replacement of the Pickrell Pool liner in the amount of $65,000; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the correction of funding for the Schertz Economic Development Corporation; 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 reduce the adopted budget, 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 transfer $65,000 from the General Fund Parks Department, to be taken from personnel savings due to the vacant Parks Director position, to the Capital Projects Fund. Section 2. The project budget will be set up in the Capital Projects Fund for $65,000 and any amount left over at the completion of the project will be transferred back to the General Fund. 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. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this 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. PASSED ON FIRST READING, the 8th day of September, 2015. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of September, 2015. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 -