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10-20-2015 Agenda with backup
City Council Agenda REGULAR SESSION CITY COUNCIL OCTOBER 20,2015,6:00 P.M. I Is El a -10 Zi.��a���[�I7� 1[K�7►i � � � �i cK�1��.co I IKM I r_\u 1 11101 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 John) 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 specif c 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. 10 -20 -2015 Council Agenda Workshops • Presentation, discussion and update regarding the Street Bond Projects. (B. James /K. Woodlee) • Discussion and possible action regarding the City Council Code of Ethics and the City Council Rules of Conduct and Procedure. (Item requested by Mayor Pro -Tem Fowler and Mayor Carpenter) Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of October 13, 2015. (J. Kessel/B. Dennis) 2. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees — Consideration and/or action regarding the resignation of Mr. Robert Wallace of the Parks & Recreation Advisory Board and the appointment of Mr. Eric Haugen as a Regular Member to the Parks & Recreation Advisory Board, replacing Mr. Wallace. (B. Dennis /Mayor /Council) 3. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees — Consideration and/or action ratifying the resignation of Ms. Mary E. McAllister of the Library Advisory Board and the appointment of Ms. Patti Paulson as a Regular Member replacing Ms. McAllister, the appointment of Ms. Shonale Burke from Alternate 2 to Alternate 1, and appointment of Ms. Rebecca Scheffler as Alternate No. 2. (B.:Dennis /Mayor /Council) 4. Appointment to the Schertz Housing Authority Board — Consideration and/or action ratifying the resignation of Commissioner Mark Klebig and approving the appointment of Mr. Dana Eldridge to the Schertz Housing Authority Board. (Mayor Carpenter) Discussion and Action items 5. Ordinance No. 15 -S -34 — Conduct a public hearing and consideration and/or action PH approving an Ordinance amending the Official Zoning Map by rezoning an approximately 1 acre tract of land from Single Family Residential District — 2 (R -2) to Main Street Mixed Use District (MSMU). First Reading (B. James /L. Wood) 6. Ordinance No. 15 -T -36 - Consideration and/or action approving an Ordinance authorizing a budget adjustment for the Aquatic Facility Construction; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance, providing an effective date, and declaring an emergency. First and Final Reading (B. James) 10 -20 -2015 City Council Agenda Page - 2 - 7. Resolution No. 15 -R -90 — Consideration and /or action approving a Resolution authorizing an amendment to the existing A133 Agreement for the Construction Phase Services of the Construction Manager at :Risk Agreement for the New Indoor Aquatic Facility and Associated Support Systems. (J. Kessel /P. Gaudreau) 8. Resolution No. 15 -R -91 — Consideration and /or action approving a Resolution authorizing an Interlocal Agreement with the City of Frisco regarding uniform purchases and other associated items. (D. Wait/K. Long /J. Kurz) Roll Call Vote Confirmation Requests and Announcements 9. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 10. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 11. 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 12. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Status of Workshop on Pool Bond Language. Adi ournment 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 16th DAY OF OCTOBER 2015 AT 5:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. grevOp Devwu'bs Brenda Dennis, City Secreta 10 -20 -2015 City Council Agenda Page - 3 - 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. : Kalil►[ X11'[ K�l�ul��li��/_ �► 1�7wI _�.Y�]► /_`.Y.�[f'f►i► /1�1►11K� 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 Investment Advisory Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 10 -20 -2015 City Council Agenda Page - 4 - 1 ! Section 1. That the City Council Rules of Conduct and procedure are amended as follows. When a Council Member has no legal obligation to abstain from voting then an abstention shall be recorded in the minutes as an abstention and shall procedurally be treated as i vote. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these "Rules ") are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well -being of the community. There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act. As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: • Address the merits of the issues no personal attacks • Focus on representing the interests of all citizens. • Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. • Assume positive intentions — don't look for hidden agendas. • Observe the City's written Rules of Conduct and Procedure. • When others are speaking, listen with an open mind. • Recognize that inappropriate public disclosure of confidential information can be detrimental to the City and its citizens. • Understand that "majority rules ". Once a vote is taken, if you were in the minority agree to disagree and move on. Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. • Coordinate all requests of the City staff through the City Manager. 02 -10 -2015 Revised Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall • and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laj tf the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which t Ordinance is adopted was open to the public and public notice of the time, place, and I subj matter of the public business to be considered at such meeting, including this Ordinance, w given, all as required by Chapter 5 5 1, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. 1, 11950151FIRM PASSED, APPROVED and ADOPTED ON SECOND READING, the 10th day of February, 2015. ka-?6';r', Michael R. Carpenter City Secretary, Brenda Dennis TABLE OF CONTENTS 3.1 Page 3.2 ARTICLE 1. 3.3 Recessed Meetings .............................................................................. ............................... 2 AUTHORITY Adjourned Meetings ............................................................................ ............................... 2 1.1 City Charter ......................................................................................... ............................... 1 1.2 Effective Date; Amendment ............................................................... ............................... 1 ARTICLE 2. 4.1 Mayor ................................................................................................... ..............................3 GENERAL RULES Call to Order ....................................................................................... ............................... 3 2.1 Meetings to be Public .......................................................................... ............................... 1 2.2 Quorum ............................................................................................... ............................... 1 2.3 Minutes of Meetings ........................................................................... ............................... 1 2.4 Questions to Contain One Subject ...................................................... ............................... 1 2.5 Right to the Floor ................................................................................ ............................... 1 2.6 City Manager ...................................................................................... ............................... 1 2.7 City Attorney ...................................................................................... ............................... 2 2.8 City Secretary ...................................................................................... ............................... 2 2.9 Officers and Employees ...................................................................... ............................... 2 2.10 Rules of Order ..................................................................................... ............................... 2 2.11 Suspension of Rules ............................................................................ ............................... 2 2.12 Amendment to Rules ........................................................................... ............................... 2 2.13 Matters Not Addressed by Rules ........................................................ ............................... 2 ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ................................................................................. ............................... 2 3.3 Recessed Meetings .............................................................................. ............................... 2 3.4 Adjourned Meetings ............................................................................ ............................... 2 3.5 Executive Sessions .............................................................................. ............................... 2 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tern ................................ ............................... 3 5.2 Appointment Procedure for a Councilmember ................................... ............................... 4 02 -10 -2015 Revised 1 TABLE OF CONTENTS (continued) 9.1 Page 9.2 ARTICLE 6. 9.3 Motion Procedures .............................................................................. ............................... 8 ORDER OF BUSINESS Point of Privilege ................................................................................ ............................... 9 6.1 Agenda ................................................................................................ ............................... 5 6.2 Communication to Mayor and Council ............................................... ............................... 5 6.3 Approval of Minutes ........................................................................... ............................... 6 6.4 Presentations by Members of Council ................................................ ............................... 6 6.5 Consent Agenda .................................................................................. ............................... 6 10 ARTICLE 7. To Amend ......................................................................................... ............................... 10 CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS To Limit or Close Debate or "Call the Question" ............................. ............................... 7.1 Printed, Typewritten, or Electronic Form ........................................... ............................... 6 7.2 City Manager Review ......................................................................... ............................... 6 7.3 City Attorney to Approve ................................................................... ............................... 6 7.4 Funding ............................................................................................... ............................... 6 7.5 Reading of Caption Only .................................................................... ............................... 6 7.6 Ordinances -Two Readings; Emergencies ........................................ ............................... 6 7.7 Recording of Votes ............................................................................. ............................... 7 7.8 Vote Required ..................................................................................... ............................... 7 7.9 Tie Vote .............................................................................................. ............................... 7 7.10 Numbering Ordinances and Resolutions ............................................ ............................... 7 7.11 Ordinance Passage Procedure ............................................................. ............................... 7 ARTICLE 8 RULES OF DECORUM 8.1 Recognition by presiding officer ........................................................ ............................... 7 8.2 Order ................................................................................................... ............................... 7 8.3 Presiding Officer ................................................................................. ............................... 7 8.4 Improper References to be Avoided ................................................... ............................... 8 8.5 Interruptions ........................................................................................ ............................... 8 ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions ........................... ............................... ..................................... ............................... 9.2 Debate ................................................................................................. ............................... 8 9.3 Motion Procedures .............................................................................. ............................... 8 9.4 Point of Privilege ................................................................................ ............................... 9 9.5 Point of Procedure or Order ................................................................ ............................... 9 9.6 To Appeal a Ruling ............................................................................. ............................... 9 9.7 To Recess ................................................................................... ............................... 9&10 9.8 To Withdraw ..................................................................................... ............................... 10 9.9 To Postpone or Extend ...................................................................... ............................... 10 9.10 To Refer ............................................................................................ ............................... 10 9.11 To Amend ......................................................................................... ............................... 10 9.12 To Limit or Close Debate or "Call the Question" ............................. ............................... 10 9.13 To Count the Vote ............................................................................. ............................... 11 9.14 To Take Action or Reconsider an Action; Main Motions ................ ............................... 11 02 -10 -2015 Revised ii TABLE OF CONTENTS (continued) Page 9.15 To take action or Rescind motion ..................................................... ............................... 11 9.16 To Take Action; Main Motions ........................................................ ............................... 11 9.17 Effect of Abstentions ........................................... .............................11 & 12 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning ............................................................................................... .............................12 10.2 Removal .............................................................................................. .............................12 10.3 Resisting Removal ............................................................................ ............................... 12 10.4 Motions to Enforce ........................................................................... ............................... 12 10.5 Adjournment ..................................................................................... ............................... 12 ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ........................................................................ ............................... 12 11.2 Special Committees ................................................................. ............................... 12 & 13 ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council ..................................................................... ............................... 13 12.2 Manner of Addressing the Council — Time Limit ............................. ............................... 13 12.3 Personal and Slanderous Remarks .................................................... ............................... 13 12.4 Public Hearings ................................................................................. ............................... 13 12.5 Written Communications .................................................................. ............................... 13 12.6 Hearing of Residents ......................................................................... ............................... 14 ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information ............................................... ............................... 14 13.2 City Manager's Responses to Requests ............................................ ............................... 14 13.3 Directions to City Manager ............................................................... ............................... 15 13.4 City Manager's Duty to Inform ........................................................ ............................... 15 13.5 Customer Concerns ........................................................................... ............................... 15 13.6 City Manager /Council Relations ....................................................... ............................... 15 02 -10 -2015 Revised iii ARTICLE 1. AUTHORITY 1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules are adopted. In the event of a conflict between these Rules and the Charter, the Charter shall govern over these Rules. In the event of a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public. All meetings of the Council and all meetings of committees composed of a quorum of the Council shall be open to the public as provided by State law, except when State law allows closed or executive sessions for certain limited topics. 2.2 Quorum. Three members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. 2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Secretary and shall constitute the official record of the Council. Such minutes, after being approved by the Council (except any closed or executive session portion), shall be open to public inspection. The City Secretary shall provide an index showing the action of the Council in regard to all matters before to it at both regular and special meetings. A recording or "certified agenda" of each closed or executive session shall be made and maintained as required by State law. 2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff desiring to speak shall be recognized by the Mayor (or the presiding officer in the Mayor's absence) at an appropriate time, and shall confine his /her remarks to the subject under consideration or to be considered. 2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. The City Manager shall be notified of all special meetings of the Council. 02 -10 -2015 Revised I 2.7 Ci!y Attorney. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, an s 1, upon request o e Counci or the City Manager, give an opinion, either written or oral, on questions of law, 2.8 Ci1y Secretary. The City Secretary or the Deputy City Secretary shall attend all meetinz of the Council, unless excused, and shall keep the official minutes. I F— 9 Officers and Em ficer or employee of the City, when requested by the ployees. Any of City Manager, shall attend meetings of the Council. If requested to do so by the City Manager, they shall present information relating to matters before the Council. 2. 10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council 2.11 Suspension of Rules. Any provision of these Rules -not required by the Charter or Sta law may be temporarily suspended by a majority vote of the Councilmembers who a present. The vote of each person on any such suspension shall be entered in the minutesi 2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13 Matters Not Addressed by Rules. Issues of the conduct • procedure of public meetings not addressed by these Rules, the Charter, or State law shall be determined by the Mayor (or the presiding officer in the Mayor's absence). 1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part 11, Section 2-2. The Council may also hold regularly scheduled meetings which may be designated by the Council as "workshop" sessions. 3.5 Executive Sessions. Executive or closed sessions may only be held in accordance with State law. 02-10-2015 Revised 2 3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency meeting may be called as a special meeting as set forth in Section 3.2, however, an emergency meeting may not be held unless authorized by, and notice is given in accordance, with State law. ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the Mayor and the Mayor Pro -Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro -Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members' motives, and confine Councilmembers in debate to the question under discussion. 4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege, points of procedure or order, and withdrawals of motions, subject to the right of any member to appeal to the Council as set forth in Article 9 of these Rules. See Sections 9.3, 9.4, 9.5, 9.6, and 9. 8. 4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken on all votes. 4.6 Substitution of Mayor. In the event the Mayor must relinquish the chair, the Mayor shall call upon the Mayor Pro -Tem to preside if the Mayor Pro -Tem is present. If the Mayor Pro -Tem is not present, the Mayor may call upon the most senior Councilmember (by time of service on the Council) present to preside, but such substitution shall not continue beyond adjournment of that meeting. ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Council will discuss, and with a majority vote, appoint the Councilmember to serve as the Mayor Pro Tem for the City. (b) The appointed Mayor Pro Tem must be a Councilmember and must meet the qualifications of Section 4.02 of the City Charter. In addition, to be appointed to the position of Mayor Pro Tem, a Councilmember must be an elected member of Council. 02 -10 -2015 Revised 3 (c) Term dates for the Mayor Pro Tern position will begin in February and August of each year (the election dates offset by three (3) months). Terms will sequentially rotate according to Councilmember place. (d) If the Councilmember place that is up for appointment as Mayor Pro Tern is vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro Tem, the Mayor Pro Tern appointment will go to the next qualified Councilmember. (e) The position will have a term of office of six (6) months. (f) The appointed Mayor Pro Tern may be removed by Council by a two- thirds (2/3) majority vote of the members of Council at any time during his or her term. (g) Council reserves the right to alter this procedure at any time by resolution or rule. 5.2 Appointment Procedure for a Councilmember. (a) The Council may appoint a Councilmember to a vacant seat as authorized by Section 4.06 of the City Charter. (b) The Council will announce and advertise on the City's website and in the City's newspaper of record that applications are being accepted for a vacant position on Council. (c) A due date for applications to be submitted will be set. (d) Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of the City Charter. (e) Applications will be received by the City Secretary's office and distributed to all Councilmembers. (f) An interview date will be set and posted for a public meeting. (g) Interviews of prospective candidates will be held in a public forum by a quorum of Councilmembers. (h) Councilmembers will discuss, and appoint by majority vote, the new member of Council at either the same meeting as the interviews or at a subsequent Council meeting. (i) The Council is the final judge of whether a candidate is qualified to serve as a Councilmember as set forth in Section 4.03 of the City Charter. 0) Council reserves the right to alter this procedure at any time by resolution or rule. 02 -10 -2015 Revised 4 ARTICLE 6. Jilt J (a) Information Required. Any item to be on the agenda must be provided to th,� City Manager pursuant to a procedure established and modified by the City Manager from time to time. Each item on the agenda must contain sufficient information so that full disclosure • the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b) Order of Listing Items, Sponsor and Responsible Staff. The agenda shall list all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (d) Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. (e) Order; Exceptio . The ordinances, resolutions, and other proposed actions shall be taken up and disposed • by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. 1,.2 Communication to Mgyor and Council. The City Manager shall provide the Council with a copy of each ordinance or resolution and appropriate analysis of items proposed to be acted upon by the Council at a meeting. These communications shall be delivered to the 02-10-2015 Revised 5 Mayor and Councilmembers along with the agenda. This information should also be retained by the Mayor and Councilmembers until such time as the item is finalized. Staff members, in making presentations to Council at a meeting of the Council, should endeavor to restrict their presentations to five (5) minutes, excluding responses to questions by the Mayor and/or Councilmembers. 6.3 Approval of Minutes. Minutes may be approved without public reading if the City Secretary has previously furnished the Mayor and each Councilmember with a copy thereof, ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIOA 7.1 Printed, Typewritten, • Electronic Form. All ordinances and resolutions shall is presented to the Council only in printed, typewritten, or electronic form. 7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City Manager or his designee. 7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form and legal content by the City Attorney, when requested by the Mayor or the City Manager. 7.4 Funding. All actions authorizing an expenditure of money shall include the exact source of the fiinds to be expended. 7.5 Reading of Caption Only. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6 Ordinances—T Readin , Emer encies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that 02-10-2015 Revised 6 immediate action may be taken upon an emergency as determined by the Council in accordance the Charter or State law. 7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all ordinances and resolutions and shall be entered in the minutes of the Council. 7.8 Vote Required. Approval • every ordinance, resolution, • motion, unless otherwis-' required by these Rules, the Charter, or State law, shall require the affirmative vote three (3) Councilmembers who are present and eligible to vote. I 7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive vote in accordance with Section 4.05 of the C arter. Other ounci mern •ers acting as presiding officer shall not be restricted to voting only in the event of a tie. 7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance on second reading or on a single reading as an emergency, the City Secretary shall assign a number to each ordinance • resolution within the records of the City. 02-10-2015 Revised 7 8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to Section 2.5 or 8.5, he /she shall avoid all references to personalities and indecorous language. 8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor or another Councilmember when speaking unless it is to raise a point of privilege (Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to withdraw a previously- stated motion (Section 9.8), or as otherwise provided in these Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the Councilmember so interrupted should cease speaking until the question is determined. ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions. A Councilmember, after he /she obtains the floor, or the Mayor may make a motion on the particular subject of discussion or a procedural point as permitted. A "Second" to the motion, if required, must be made by a Councilmember who did not make the motion within a reasonable but brief time period. The Mayor may not "Second" a motion. A motion or a "Second" merely implies that the maker of the motion and the person who "Seconds" agree that the motion should come before the meeting and not that he /she necessarily favors the motion. Without a "Second ", if required, the motion dies. 9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions(1 type) *. When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 02 -10 -2015 Revised 8 Affirmative May Resolved Vote by 3 Interrupt Second by Chair Council- 2/3 Motion Speaker Required Debatable Amendable No Vote members Vote A. Meeting Conduct Motions 1. point of privilege yes no no no yes no no 2. point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no B. Disposition Motions 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 02 -10 -2015 Revised 8 8. to amend no yes yes yes no yes no 9. to limit or close debate or "call the question" no yes yes yes no no yes 10. to extend debate no yes yes yes no yes no 11. to count the vote no yes no no no ** no no C. Main Motions 12. to reconsider yes yes if original motion was debatable no no yes no 13. to rescind no yes yes yes no no yes 14. to take action no yes yes yes no Yes * ** no 9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Councilmember to the presiding officer, drawing urgent attention to a need for personal accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Councilmember(s). In essence, it is a call to the presiding officer for the purpose of assuring a Councilmember's convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. 9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer's ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of three (3) Councilmembers is required. 9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. *` Mandatory if seconded; no vote required 02 -10 -2015 Revised 9 Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of three (3) Councilmembers is required. 9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his/her proposal. This is the maker's privilege; thus, it does not require a second. Because the withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Councilmember later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand —or a new issue. 9.9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Council to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of three (3) Councilmembers is required. 9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section 9.14). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of three (3) Councilmembers is required. 9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a second, and it is debatable and amendable. An affirmative vote of three (3) Councilmembers is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 9.12 To Limit or Close Debate or "Call the Question ". Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer's determination. A motion to close debate is the same as a motion to "call the question ". Because this motion affects the most fundamental right of any Councilmember, the right to speak one's views, it is the only procedural motion that requires an affirmative vote of two - thirds of participants voting. 02 -10 -2015 Revised 10 9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It represents the right of a Councilmember to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result —and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 9.14 Motion to Reconsider. Allows a main motion to be brought back before the City Council for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. 9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered and it requires a two- thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 9.16 To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of three (3) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. 9.17 Effect of Abstentions; action on required Abstentions; Effect of non - required Abstentions. The following rules shall apply when a Council Member abstains from voting on an item: When the Council Member is Legally gated to Abstain. 02 -10 -2015 Revised I I When a Council Member is legally obligated to abstain from voting pursuant to Texas Local Government Code Chapter 171, a local ordinance or the City Charter then the Council Member shall leave the dais and exit City Council Chambers until such time as the debate and vote on the item has been concluded. The City Secretary shall record that t1te Cooncil Verrbei-lk-.-t the room When a Council Member has no legal obligation to abstain from voting then an abstention shall be recorded in the minutes as an abstention and shall procedurally be treated as a "no" vote. 10.2 Removal. Any designated sergeant-at-arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant-at-arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council (or successor provision of law). 10.3 Resisting Removal. Any person who resists removal by the sergeant-at-anns shall b* charged with violating Section 42.05 (a) of the Texas Penal Code. 10.4 Motions to Enforce. Any Council member may move to require the presiding officer to enforce these Rules and the affirmative vote of a majority of the Councilmernbers present and eligible to vote shall require the presiding officer to do so. 10.5 Adjourninent. Tn the event that any meeting is willfully disturbed by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of the individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular or a special meeting or, subject to State law, may be recessed to a set time and date. ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standiniz Committees. The Council may create committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the Charter, the Code of Ordinances, or State 02-10-2015 Revised 12 law. Membership and selection of members shall be as determined by the Council if not specified by the Charter, the Code of Ordinances, or State law. No person may concurrently serve on more than one Board unless, by virtue of his /her position on the Council, he /she also holds a position on another Board. Persons related within the second degree by affinity or consanguinity to the Mayor or any member of the Council shall not be eligible to serve on a standing committee. No standing committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter, the Code of Ordinances, or State law. 11.2 Special Committees. The Council may, as the need arises, authorize the appointment of "ad hoc" Council committees. Except where otherwise specifically provided by the Charter, the Mayor and the City Council shall appoint the members of the special committees. Any committee so created shall be given a "mission statement" directing its activities. Any special committee shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Councilmembers present and entitled to vote. ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council shall speak at the podium into the microphone (or at another designated location), shall give his /her name and address in an audible tone of voice for the record, and, unless further time is granted by the Council, shall, subject to Section 12.4 below, limit his /her remarks to three (3) minutes or less. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 10 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 12.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 12.2 above) interested persons may speak, subject to the Councilmembers' right to appeal the presiding officer's ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public 02 -10 -2015 Revised 13 hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 Cjjy Manager to Provide Information. The City Manager is directly responsible for providing information to all the Councilmembers concerning any inquiries by a specific Councilmember. If the City Manager or his staffs time is being dominated or misdirected by a Councilmember, it is his responsibility to inform the Mayor or 'the Council as a whole. 13.2 CAY Manager's Responses to Requests. The City Manager is expected to respond in timely manner to the Council and Councilmember's requests. When inforrmation requested, the City Manager will estimate a reasonable time frame for collecting requested information. I (a) If the City Manager disagrees with the request, he should say so and explain his position. (b) If the City Manager disagrees with individual directives, he should initiate clarification of the Council's will with regard to the individual Councilmember's request. 02-10-2015 Revised 14 (c) The City Manager may delegate responsibility for the response as necessary and appropriate, but the City Manager will be responsible for its receipt by the Council in a timely manner. (d) The City Manager should maintain a checklist and timetable for requests and other directives of the Council. (e) All Councilmembers will be provided the same written information when any matter under consideration may be of general concern to the Council. There will be no preferential dissemination of information by the City Manager or his staff. 13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a consensus of the Councilmembers present will be required to direct the City Manager to take any action. 13.4 City Manager's Duty to Inform. The City Manager is responsible for keeping the Council informed. The Council should be provided weekly reports outlining progress on outstanding issues as well as information on new issues and opportunities. Additionally, the Council should be informed of City news prior to release of such information to the community, newspaper(s), or other governmental entities, etc. 13.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures for handling customer concerns in all departments with prompt feedback to citizens and Councilmembers. 13.6 City Manager /Council Relations. The City Manager should strive to maintain positive relations with the Council by following these guidelines: (a) Work to establish mutual trust with the Council. (b) Maintain open lines of communication with the Council and keep Council informed. (c) Inform all Councilmembers of educational opportunities, recognizing that an educated Council is in the City's best interest. (d) Include the Council in City- sponsored employee social events. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. Amended: November 12, 2014 02 -10 -2015 Revised 15 Introduction The City Council Code of Ethics (the "Codes") applies only to the members of the City Council: the Mayor, the Mayor Pro-Tern and the other City Council members. Furthermore, all provisions of the Codes apply equally to the Mayor, Mayor Pro-Tern and City Council members, who must follow the content of the Codes as well as the spirit. It is the policy of the, City Council that all of its members shall abide by federal and state law. It is also the policy of the City Council that all of its members shall abide by the provisions set forth in the City Charter and all City ordinances and policies, including the Codes. Purpose By adopting these Codes, Council members commit to: * transparent and accountable governance; ® honest, fair and respectful dealings with fellow Council members, City staff, and the wider community; and * working together to deliver the best outcomes for the long-term interests of the City.. These standards, together with the ongoing requirement for Council members to abide by Council policies, as they change from time to time, will ensure that public trust and confidence in the City Council is enhanced. Limitations The Codes are intended to support, explain or otherwise clarify the articles set forth in the City Charter or to exercise the specific right given to the City Council in the City Charter in Article 111, Section 3.01 and Article rV, Section 4.08, to exercise its governmental powers. Nothing in the Codes is intended to contradict or supersede the City Charter or state law. 1. Council Member and Board, Committee or Commission Member Interactions a. City boards, committees and commissions are formed in order to provide independent recommendations to Council and, in the case of some commissions, to conduct hearings in order to make determinations, which may or may not be subject to appeal to the Council. 2. Council Members Serving as Council Liaisons a. A Council liaison is a Council member who is specifically assigned to be the liaison between the City Council and a board, committee or commission. The primary role of the liaison is that of facilitator of communications between the Page 1 Yry 1-7-09-14 Final board, committee or commission and the Council. A Council member who is appointed to sit as a member of a board, committee or commission is not a liaison for purposes of this policy. b. A Council liaison shall facilitate communications between the board, committee or commission and the Council. The liaison should not be an advocate for the board, committee or commission, give direction to a board, committee or commission or influence a decision of a board, committee or commission. The liaison may, however, assist and provide guidance to a board, committee or commission with their work plans or agendas. c. A Council Liaison Acts as the: i. Spokesperson on behalf of the Council when so directed by the Council. ii. Contact person, if the board, committee or commission (or an individual board, committee or commission member) wants such a channel of communication. iii. Council representative present to identify procedural and structural issues relating to the effective functioning of the board, committee or WITIM"ISIMMI WIMIXG-SMIMI d. Council Liaison Participation Expectations: i. Attendance is discretionary with the Council member. Attendance as a liaison at a board, committee or commission meetings is not required. ii. Liaisons shall have no vote on the board, committee or commission. iii. Liaison attendance at board, committee or commission retreats is discouraged unless attendance is requested by the board, committee or commission. iv. Liaisons do not have a right to be in attendance at board, committee or commission executive sessions and shall abstain from attending such executive sessions unless invited to attend by the collective board, 1. Ethical Conduct Rules for all My Council Members a. During City Council meetings, City Council members shall assist in preserving order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to obey the orders of the presiding officer or the rules of the City Council, 12-09-14 Final b. During City Council meetings, a City Council member desiring to speak shall address the chair and, -upon recognition by the presiding officer, shall confine discussion to the question under debate, avoid discussion of personalities and indecorous language, and refrain from personal attacks and verbal abuse. c. During City Council meetings, a City Council member desiring to question the administrative staff shall address questions to the City Manager, who shall be entitled either to answer the question(s) or designate a member of City stafE Such designation may occur at any time, including prior to a City Council meeting. City Council members shall not berate nor admonish staff members. I During City Council meetings, a City Council member, once recognized, shall not be interrupted while speaking unless called to order by the presiding officer, to raise a point of order, procedure or privilege, or unless the speaker chooses to yield to questions from another member. If a City Council member is called to order while speaking, that member shall cease speaking immediately until the question of order is determined. If ruled to be in order, the member shall be permitted to proceed. If ruled to be not in order, the member shall remain silent or make additional remarks so as to comply with rules of the City Council. e. During City Council meetings, City Council members shall confine their questions to the particular matters before the assembly, and in debate, shall confine their remarks to the issues before the City Council. f. During City Council meetings, when there is more than one speaker on the same subject, City Council members will delay their comments until after all speakers on the subject have been heard. g, Council members shall clearly state when he/she has been directed by Council to speak on behalf of the City Council at the meeting of any board, committee or commission. All other commentary offered before a board, committee or commission is deemed to be the personal opinion of the Council member. h. Council members shall not speak on behalf of the Council at any place or time unless they have been so directed by the body of the City Council. Any commentary offered at any time, in public or otherwise, is deemed to be the personal opinion of the City Council member speaking. Page 3 12-09-14 Final i. Council members shall not speak to any board, committee or commission member on any matter that may come before the Council in a manner designed to influence the member. J. No Council member shall privately lobby any member outside of the meetings in an attempt to influence his or her individual vote. k. Any Council member who has testified on his or her own behalf or as a witness before a board, committee or commission on any administrative action which then comes to Council is disqualified from participating as a Council member on the matter only if there is a legal conflict of interest. 2. Confidentiality of Information Shared in Executive Session a. Council members shall keep all matters discussed in executive session confidential. b. Any Council member who shares any part or portion of the discussions, discourse, presentations or information heard or presented during an executive session shall be deemed to have violated the Codes. 3. Individual Members of Council Providing Direction or Instruction to the City Manager or Staff a. Only the City Council, acting as a body, is permitted to provide direction and instruction to the City Manager, City Secretary, City Attorney or the City Judge (or Judges) regarding any matter confronting the City, whether policy-related or otherwise. b. No member of Council (specifically including the Mayor, the Mayor Pro-Tern and the individual Council members) shall, at any time, give individual instruction to, attempt to define policy for, or make any demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff. c. No member of Council shall attempt to influence the City Manager, City Secretary, City Attorney, City Judge (or Judges) or any member of staff to circumvent City rules, policies or ordinances. L�-' 12-09-14 Fhial d. Any member of Council may, of course, at any time, make requests of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff for information, assistance, or other help as may be necessary, so long as no orders, threats, promises, intimidations, or ultimatums, explicit or implicit, are issued. e. The single exception to this rule is that in times of emergency lawfully declared by the Mayor, the Mayor may act independently as to matters of urgent need until a meeting of the Council, in quorum, can be called. f. Any member of Council giving individual instruction or making a demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff, with the exception of times of emergency lawfully declared by the Mayor, during which time the Mayor may act independently until a meeting of the Council, in quorum, can be called, shall be deemed to have violated the Codes. 1. Violation of the Code of Ethics a. Council members are expected to abide by the Codes at all times. b. Any Council member not adhering to the Codes shall be in violation of said Codes. 2. Violations of Provisions of the City Charter a. Council members are expected to abide by the articles set forth in the City Charter. b. Any Council member who acts in violation of or in a manner inconsistent with the provisions of the City Charter shall be deemed to have violated the Codes. Page 5 J 3. Violations of Law or Policy by Council Members Depending on the circumstances of alleged violations of law or policy, the'Council may initiate an investigation of the allegations prior to the filing of a request for any of the actions described in this policy. Nothing in this policy shall preclude individual Council members from making public statements regarding such alleged conduct. In deciding whether or not to open an investigation (whether pursuant to these rules or pursuant to Article IV, Section 4.10 of the City Charter), City Council should consider: a. whether a Council investigation may compromise other investigations regarding the same alleged actions, and, if the actions may result in criminal charges, whether the right of the accused Council member to a fair jury trial may be compromised by proceeding with an investigation; b. if persons involved in the allegations may choose to exercise their constitutional right against self-incrimination, which may limit the investigation's ability to present a full picture of alleged events; and c. how to ensure the protection of rights of those accused of violations of law or policy, those making such accusations, and those who have information regarding the accusations. At any point during any of the processes described in this policy, the Council may refer the matter, as appropriate, to the Bexar, Comal or Guadalupe County District Attorney, the Texas Elections Commission, or to another law enforcement agency, for investigation. Following such a referral, the Council may proceed with any actions it chooses to take under the provisions of the City Charter. Any suspected violation or alleged violation by a Council member must be reported to the Mayor. Any suspected violation or alleged violation by the Mayor shall be reported to the Mayor Pro-Tem and the City Attorney. In the case of a City staff member making the report regarding a Council member, the report shall be made to the City Manager, who will then report it to the Mayor. Upon report, the City Manager and City Attorney will assist the Mayor (or the Mayor Pro-Tom regarding a report concerning the Mayor) in following the procedures addressing violations or alleged violations. I•.,- r 12-09-14 F inal The role of leading an inquiry of any Council member for any violation or alleged violation of this policy lies with the Mayor, Mayor Pro-Tem, and, if approved by Council, an independent attorney or investigator. If the Mayor is the subject of an inquiry, the Mayor Pro-Tem, or the next ranking official by seniority and, if approved by Council, an independent attorney or investigator will lead the inquiry. The City Attorney shall not conduct the investigation of any Council member. All Council members who are not the subject of an inquiry have a right to participate in the inquiry process regarding violations or alleged violations and their subsequent enforcement. Any member of the Council who is the subject of an inquiry shall have the ability to provide a written statement responding to the findings of the inquiry. The members of City Council have the obligation to govern themselves responsibly in the enforcement of any violation of this policy. The objective for establishing rules of enforcement pertaining to this policy is to provide fair, consistent, concise, and efficient guidelines for the use of enforcement against violations of this policy. As a general matter, enforcement of this policy may be progressive, but circumstances may indicate that strong actions be taken immediately. Furthermore, Council is not bound to the enforcement guidelines of this policy, and should make decisions on a case-by-case basis. City Council, as a collective body, may change the order of the disciplinary steps listed below, or may choose not to use any step, depending on the circumstances under review. City Council members may take any appropriate disciplinary action including, but not limited to: Cautioning • Cautioning is identified as a verbal reprimand due to a violation of the policy. The cautioning is only a verbal reprimand and shall not be recorded. • A cautioning shall only be administered in private by the Mayor with only one (1) member of Council present. If the Mayor is receiving the cautioning, it shall be administered in private by the Mayor Pro-Tem with only one (1) member of Council present. o Correction is identified as a verbal reprimand due to multiple policy violations. Page 7 • A quorum of Council plus one (1), including the corrected Council member, shall be present during the correction of another Council member. • The City Attorney shall be notified of the correction before the correction is administered and the City Attorney shall be present during the administration of the correction. Censure • The act of placing a Council member under censure is an official and public reprimand of a City Council member by the body of the City Council for multiple and/or serious infractions against the City Council Code of Ethics. Therefore, City Council Members who are -placed under censure are considered to be 'not in good standing' with the body of the Council. • The censure of any Council member, including the Mayor, shall be administered in writing. • Censure may last up to sixty (60) days or as appropriately defined by City Council on a case by case basis. • At the end of the censure period, the censure has expired and shall not be extended. o A Council member placed under censure may return to a good standing status once their censure period has ended. o The body of the City Council may determine to end the censure period of a Council member prior to the conclusion of said period at their discretion. o All censure hearings shall be conducted in accordance with the Open Meetings Act. o Because censures are administered in writing, a censure must be publicly voted on in open session of City Council. The censure of any Council member must be passed by a 2/3 supermaj ority vote. Em of 4Mic ael ORCarpentCr,. Mayor im Fowler,' City Council Place I 4�/3dricEdward�s, aCL4Co;u4ndl Place 4 Daryl JohnNa–y—or-pro- m, City Council Place 3 Grumpy AzZ—, City Council Place 2 Ro'bin Thompson, City Council Place 5 Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: October 20, 2015 . Department: Subject: City Secretary Minutes The City Council held a Regular meeting on October 13, 2015. WLTG • �On None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of October 13, 2015. Minutes — Regular meeting of October 13, 2015. MINUTES REGULAR MEETING October 13, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October 13, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Mayor Pro -Tem Fow Councilmember Grumpy Azzoz Councilmember Dart'] Councilmember Cedric Edwards Councilmember R6bi1 Staff Present: City M, Executive Director Brian James Executi City Attorney Charles Zech Deputy Call to Order — City Council Regular Session Mayor Carpenter called the meeting to order at 6:01 p.m. (Minister William Parther, Resurrection Mayor Carpenter recognized Minister Will the pledges of allegiance to the flags of the Mayor Carpenter reco 462 and were working • Harmon West, Jack T he opening prayer followed by of Texas. Boy Scouts who were present this evening from Troop in the Community merit badge: Jaime Hoyt, and Isaiah Chacon. Mayor Carpenter recognized Jack Dusbabek who came forward addressing the Council regarding trash can's being thrown around durin pickup times. • Announcements of upcoming City Events (B. James /D. Wait /B. Cantu) Mayor Carpenter, recognized Executive Director Brian James who provided the following announcements: • Wednesday, October 14th Meet the Candidates — Schertz Civic Center, 6:00 p.m. to 7:30 p.m., for the City of Schertz candidates and candidates for the SCUCISD School Board. • Thursday, October 15th Steve Simonson Award and Volunteer Banquet, 6:30 p.m. at the Schertz Civic Center. • Friday, November 6th — Hal. Baldwin Scholarship 5th Annual Golf Tournament, 8:00 a.m. — Check- in/Registration. Shotgun starts at 10:00 a.m., Olympia Hills Golf and Conference Center. Please RSVP to Brenda or Donna. 10 -13 -2015 Minutes Page -1- October 19 - 30 - Early Voting begins Monday, October 19th and ends Friday, October 30th. Locations and early voting hours vary per location. For more information, please go to www.schertz.com and click on the election banner. Information is also available regarding the bond and charter propositions. Tuesday, November 3 - Election Day voting hours are 7:00 a.m. — 7:00 p.m. based on your precinct. Mayor Carpenter recognized City Manager John K poster that was posted outside the Council Chamb Brenda Dennis, Deputy City Secretary Donna Schm working on this project and thanked City Secretary's Hearing of Residents This time is set aside for any person who wishes to address the out the speaker's register prior to the meeting. Presentations minutes. ho and GIS Direct > for getting the the large election -d City Secretary Tony McFalls for formation posted. Council. Each person should fill Id, be limited to no more than 3 Mayor Carpenter recognized theTollowing who spoke: • Mr. Richard Elder, 4317 Willow Oak, who spoke about the pool for the community and how it was mislabeled in the article that appeared in the September issue of the North. East Herald. He, provided information on the differences of a community pool and a competition pool and expressed his concern for the residents not having access to the facility. • Mr. Jim Leonard, representing the Greater San Antonio Builders Association (GSABA), 3963 Passano Pkwy, San Antonio, who spoke in favor of agenda item 2 — City Building Codes. 0 Mr. Greg Asbestos, 12930 Country Ridge, San Antonio, who spoke in favor of item 2, - City Building Codes. 10 -13 -2015 Minutes Page - 2 - • Ms. Maggie Titterington, Schertz Chamber President, who spoke regarding the following information: -The recent Schertz Chamber Golf Tournament, stating it was a very successful event. -This Wednesday, Meet the Candidates night (Schertz) at the civic center. - November 13, Chamber Member Appreciation and Awards banquet at the civic center. Lastly, Ms. Titterington spoke in favor of agenda item 7, as there are serious drainage issues in that area. • Ms. Rosemary Scott, 3576 Olde Moss, who spoke regarding'a proposed distracted driving ordinance. She stated that she does research for a living -an that the research and statistics on this subject can be very misleading. She asked Council to use common sense in going forward with a proposed ordinance. She applauded Council for. recently passing the Ordinance regarding texting. • Mr. Paul Buell, 101 Weeping Willow, Cibolo who spoke regarding his',a didacy for the Green Valley Board. Workshops • Discussion and consideration and /or action authorizing staff and consultants to proceed with refunding the City's outstanding General Obligation Bonds, Series 2006 for Debt Service Savings. (J. Kessel/J. Santoya /M. McLiney /A. Friedman) Mayor Carpenter recognized SAMCO Capital Markets, Inc., Managing Director Andrew Friedman who provided an overview of refunding opportunity of the City's outstanding General Obligation Bonds, Series 2006, as well as provided a timetable. Mr. Friedman stated the City has the opportunity to refund, on a current basis, its General Obligation Bonds, Series 2006 for debt service savings. 10 -13 -2015 Minutes Page - 3 - The Bonds are callable beginning February 1, 2016 and can be called up to 90 days prior to their call date. Based upon current market conditions, the City can anticipate savings of roughly $360,000, net of all costs, as a result of the refunding. The Bonds are paid for from I &S taxes, so the economic benefit is to the City's general fund. Staff recommends approving SAMCO and other consultants to move forward with the issuance of General Obligation Refunding Bonds, Series 2015. Final interest rates, savings and bond ordinance will be presented to the City Council at its regularly scheduled meeting on Tuesday, November 17, 2015 for Council approval. It was the,�'concurrence of Council to proceed. Mayor Carpenter recognized Councilmember Edwards who moved., seconded by Mayor Pro - Tem Fowler that we go forward with the process of refunding: the outstanding General Obligation Bonds, Series 2006 for debt service savings. ' The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers AzoZ, John, Edwards and, Thompson voting for and no one voting no. Motion passed. Mayor Carpenter recognized City Manager John Kassel who wished Mr. Mar1McLiney well for the Council and staff on a full recovery of recent minor surgery. • Discussion and update re Clauser /L. Wright) e Carnegie T aining Program. (B. James /M_ Mr. James recognized Ms. Lisa Wright who was in the audience this evening, who worked with Manageme0t to develop the training specific to the City of Schertz. She and her staff conducted the different training sessions. Mr. James provided a PowerPoint presentation with the following highlights: Dale Carnegie Training Program • On June 23, 2015 City Council authorized a contract with JRS Business Solutions for a series of Dale Carnegie training classes that were scheduled over the next 4 months 10 -13 -2015 Minutes Page - 4 - at a cost of approximately $60,000. • The courses were: • World Class Service • Performance Appraisals • Leadership Communication • Pain Free Performance Management • On June 23, 2015 City Council authorized a contract with a series of Dale Carnegie training classes that were schedi next 4 months at a cost of approximately $60,000. • The courses were: • World Class Service • Performance Appraisals • Leadership Communication • Pain Free Performance Man Business Solutions for aver approximately the on me program. provided by individual within the including the employee • Lisa Wright with Dale Carnegie Training of San Antonio met with staff on multiple occasions, to develop the agendas for the training sessions based on the City's vision and mission statements, employee engagement survey, etc. The goal was to achieve training tailored to the City of Schertz. • One goal of the progrii to reinforce a culture of performance within the • Course were selectedlin response to input from employees including the employee Lisa Wright with Dale Carnegie Training of San Antonio met with staff on multiple occasions to develop the agendas for the training sessions based on the City's vision and mission statements, employee engagement survey, etc. The goal was to achieve training tailored to the City of Schertz. • A total bf 1595 training hours was provided. • There were,4 61 employees attended at least one course. • Performance Appraisals — 37 participants • fain -Free Performance Management — 21 graduates • Communicate to Lead — 29 graduates • Attitudes for Service —114 employees • Events were held to recognize the commitment and achievements of those staff that completed the World Class Customer Service program. • Staff met with Lisa Wright on a number of occasions during the past few months to make adjustments to the training based on employee feedback. • Staff is planning to meet with Lisa Wright to map out the training going forward. 10 -13 -2015 Minutes Page - 5 - Mr. James addressed questions from Mayor and Council. Mayor and Council thanked staff. Mayor Carpenter recognized Councilmember Thompson who asked for a point of privilege, citing the right of one's accuser; he would like to respond briefly to the earlier presentation during the persons to be heard portion of the agenda. Mayor Carpenter requested Councilmember Azzoz refrain from using indecorous language in the Chambers. Mayor Carpenter stated that a point of privilege has been raised; it is pursuant to Article 9 of our Rules of Conduct and Procedures, and what has been requested is for a resident and member of this Council to be added to the list of residents to be heard and to respond tor-,comments that were made earlier by another member of Council. Mayor Carpenter stated that with first having a member of Council addre ss this body as a resident during hearing of residents, if that is permissible and acceptable, then it must be permissible and acceptable for everyone. Mayor Carpenter stated that he straggles with the question of whether or not members of Council should ever address the body and the gallery during the hearing of residents. He stated he is somewhat perplexed. He does owe the Council a ruling and stated that he has a sword that cuts both ways; if he says yes then he furthers his challenge with having Councilmembers address this body as residents during the time for residents to, ne heard; if he says,' no then he has shown preference to one Councilmember over another with a point of privilege being raised. Mayor Carpenter added Councilmember Thompson's name to the list of hearing of residents and stated he will accord him the exact same 3 minutei orded to Councilmember Azzoz and would ask that all commentary be as neutral as possible. Mayor Carpenter moved back to the Hearing of Residents s of Residen • Councilmember Robin hompson 967 Oak Ridge, who stated that there is a scripture in the book,of 'rovcxbs that he :has, used well i counseling over many years and it goes to the effect Of, this "the first person from ,whom you hear sounds very believable and truthful until you Bear the second person and they sound the same ". It shows you that in counseling, at least, there, is usually two or three sides to a story. What Mr. Azzoz raised earlier is one side. He has heard that side from several residents that he has talked to and has approached him with it. When lie has been able to explain what I believe is the second side they have said that he has added a 'gyreat deal of clarity. That explanation would take more than the three minutes, so he is simply gain ,to do this. He is going to ask anyone in this room who has any question in what Mr. Azio has raised, he would ask that you call him. His cell phone is the easiest number in the world, 210 -501 -2345, simple to remember, and he would be happy to respond. Mayor Carpenter moved back to the Workshop Items. Workshops • Discussion and consideration and/or action regarding the purchase of two (2) Fire Trucks. (D. Wait/D. Covington /K. Long /J. Walters) 10 -13 -2015 Minutes Page - 6 - Mayor Carpenter recognized Fire Chief David Covington and Assistant Fire Chief Kade Long who came forward stating the fiscal year 2016 budget included a purchase of one (1) new fire apparatus to be the frontline response vehicle at Station Two. Staff planned to trade in two current "reserve" fire engines, one built in 1995 and one built in 1999, as a part of the purchase of the new fire apparatus. In discussions with Fleet Services, staff had serious concerns that this plan would leave only one reserve fire engine, the current frontline engine at Station Two. This fire engine was built in 2007 and will have approximately 100,000 road miles on it by the time the new apparatus arrives from the manufacturer. The 2007 fire engine would then e: expected to be a reliable reserve apparatus for up to an additional ten years. The cost' of maintaining this vehicle is increasing and trying to keep one of the two current reserve fire, engines is not possible due to their unreliability. The average cost to maintain the three engines over the past 5 years has been $49,261. The 2007 fire engine accounted for more than $10,000 of that annual average. Staff then explored an option of purchasing a socoi would be a "demonstrator model" fire engine. It is used as a "demo" truck by a fire apparatus 46 h production is complete and once it is prepared, it engine at a lower cost than an engine that is desig This is for a number of reasons including the manufz as soon as possible and that this engine, will not be design and engine horsepower. fire apparatus. This ""second apparatus rently in production and is slated to be This truck can be purchased before be delivered to Schertz as a new fire 1 specifically for Schertz Fire Rescue. Wer's.willingness to sell a demo engine enticaflo, our other apparatus in cabin Staff believes that moving forward to purchase both tevc custom fire apparatus and this "demo" model would do, the following. - It would meet the current need of a new fire apparatus for Station Two. Because the "demo" truck is nearing completion, it is expected that we could receive delivery on it within two months. This would take an incredible load off of our remaining units, by placing it immediately" into service while the custom fire engine is being built, a process: that tales about a year. It would also provide the Department with a reliable fcorve apparatus thereafter that would have a ten year or longer life so that when maintenance visas needed on the frontline apparatus, the firefighters would be confident that they could reliably respond to emergency calls without fail. Also, the Finance Department has modeled this proposed purchase by extending the tax notes to seven years (instead of the original five year notes for a single apparatus) and it has the same or less impact to the budget. Approval rif this resolution will allow the purchase of the requested fire apparatus and associated equipment ;and allow SAMCO Capital Markets, Inc. to solicit bids for tax notes in the amount of ' 1;120,000. SAMCO Capital Markets, Inc. will bring the bids to City Council for approval in November, and if approved, will fund the purchase of the two (2) fire apparatus. A custom fire engine will be constructed with an estimated completion of 1.1 -12 months from contract approval, giving an estimated delivery date of no later than December 2016. . A production fire engine, already under construction, will be delivered within 2 months of contract approval. The first payment(s) on the two (2) apparatus and associated equipment is expected to be on August 1, 2016 . for $1.32,894.50 with an average annual payment of $155,987. The equipment purchased as part of this project will be an air compressor to fill self - contained breathing apparatus, and hydraulic rescue tools for vehicle extrication and medium rescue. 10 -13 -2015 Minutes Page - 7 - Other equipment with an estimated lifespan of less than 10 years will be purchased from the Fire Department's operating budget or moved from existing parts. The fiscal impact will be a commitment from the City of an average payment of $155,987 per year, with the final payment due August 1, 2022. Staff recommends approval of the purchase of two (2) Fire apparatus. Chief Covington addressed questions from Council. Mayor Carpenter recognized Sr. Budget Analyst James Walters who came forward addressing the financing procedures of the two (2) Fire apparatus also addressing questions from Council. Consent Agenda Items 1. Minutes - Consideration and/or action regarding the approval cif the minutes of the Special Joint and Regular Meeting of September 29, 2015. (J. Kesel/B. Innis) 2. Ordinance No. 15 -C -20 – Consideration and /or action approving an Ordinance amending the Code of Ordinances of the City of Schertz Chapter 18, Buildings and 'T3dilding regulations. Final Reading (B. James /G. Durant) The following was read into record: ORDINANCE NO. 15 -C- AN ORDINANCE BY THE CITY COUNCIL OF THE= CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ CHAPTER 18, BUILDINGS AND BUILDING—REGULATIONS BY REPEALING EXISTING INTERNATIONAL CODES AND ADOP'T'ING NEW INTERNATIONAL CODES; PROVIDING FOR A PENALTY 3. Council Liaison Appointment to the Investment Advisory Committee – Consideration and/or action appointing Councilmember Thompson to the Investment Advisory Committee as a result of Councilme ber Duke's, resignation. (Mayor /Council) the appointment of - Councilmember Thompson to the Investment Advisory 4. Resolution No. 1.5 -R -86 – Consideration and/or action approving a Resolution amending Ordinance~ 15 -M -25 Fee Schedule regarding inspection permits, licenses and registrations. (B. Cantu /J. Santoya /J. Walters) The following was read into record: RESOLUTION NO. 15 -R -86 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING ORDINANCE 15 -M -25 FEE SCHEDULE REGARDING INSPECTION PERMITS AND LICENSES AND REGISTRATIONS, AND OTHER MATTERS IN CONNECTION THEREWITH 10 -13 -2015 Minutes Page - 8 - Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Azzoz to approve the consent agenda items 1 -4. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Discussion and Action items 5. Resolution No. 15 -R -87 — Consideration and /or action approving a Resolution authorizing a revised City of Schertz Investment Policy. (J. Kessel /J. Santoya /J. Walters) The following was read into record: RESOLUTION NO. 15 -11-87 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A REVISED CITY OF SCHERTZ INVESTMENT POLICY. Mayor Carpenter asked Council if they Mayor called for a motion. Mayor Carpenter recognized Cot Councilmember Thompson to apprO) with Mayor Pro -Tem Fowler, Cott voting for and no one voting no. Mo 6. Resolution No. 15 -R-�8II ,— Considers the City Manager, to enter into an ag associated equipment and to authorizc apparatus and equipment. (D.'Wait /D. IM as no raised the nember Edwards who moved, seconded by -solution No. 15 -1y87. The vote was unanimous nembers Azzoz, Jahn, Edwards and Thompson Passed., tint and/or action, approving a Resolution authorizing cement for the purchase of two (2) fire apparatus and the solicitation of financing for the purchase of the fire Covington/K. Long /J. Walters) ON NO. 15 -R -88 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF TWO (2) FIRE APPARATUS AND ASSOCIATED EQUIPMENT AND TO AUTHORIZE THE SOLICITATION OF FINANCING FOR THE PURCHASE OF THE FIRE APPARATUS AND EQUIPMENT Mayor Carpenter asked Council if they had further questions regarding this item as a result of the workshop presentation. As no further questions were raised the Mayor called for a motion. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Edwards to approve Resolution No. 15 -R -88. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 10 -13 -2015 Minutes Page - 9 - 7. Resolution No. 15 -R -89 — Consideration and /or action approving a Resolution authorizing Easement Agreements with Royce Simmonds, Robert Strovers, and Acres, Agua & Ag Ltd for the use, benefit, and control of the City of Schertz for the construction and maintenance of drainage facilities. (B. James /K. Woodlee) The following was read into record: RESOLUTION NO. 15 -R -89 A RESOLUTION BY THE CITY COUNCIL OF THE AUTHORIZING EASEMENT AGREEMENTS R ROBERT STROVERS, AND ACRES, AGUA & AG U AND CONTROL OF THE CITY OF SCHERTZ FOR MAINTENANCE OF DRAINAGE FACILITIES, A CONNECTION THEREWITH Mayor Carpenter recognized City Engine, drainage exists at the intersections of IH 3' of Schertz. During and after rain events, a with no place to drain. area. W -st corner of *,, ,Irola -IH 35 intersection has proposed development, positive drainage across ie continued positive drainage to a downstream ,ign of a 'ohannel system from bola to a TxDOT )le of receiving the flow. The developer will �. Since the construction of the drainage system �e problem, the Public Works Drainage Division street crossing from the developer's property ;se improvements will make the situation better the property, it will not fully resolve the issue of to construct the drainage "facilities, easements are needed along IH 35, from irola the discharge t6 the TxDOT structure. Staff has met with each of the three property garding the granting of the drainage easement and all are willing to enter into an it with provisions for the terms and conditions associated with the easement. Ms. Woodlee stated the goals approving the resolution authorize the following: 1. Public Utility Easement Agreement with Royce Simmonds (20' Drainage) 2. Public Utility Easement Agreement with Robert Strovers (20' Drainage) 3. Public Utility Easement Agreement with Acres, Agua & Ag LTD (25' Drainage, Water, and Wastewater — replaces erroneously described water and wastewater easement and adds drainage) 10 -13 -2015 Minutes Page - 10 - 4. Release and Abandonment of Easement recorded in Volume 1094, page 0892, Real Property Records of Guadalupe County (Water and Wastewater easement in which property was described in error) The fiscal impact is $236.00 for Guadalupe County document recording fees. Staff recommends approval. Ms. Woodlee addressed questions from Council. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro - Tem Fowler to approve Resolution No. 15 -R -89. The vote was unanimous with Mayor Pro - Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary votes for agenda items 1 through 7. Requests and Announcements E Announcements by City Manager Citizen Kudos Recognition of City employe New Departmental initiatives experienced e-, guide how we, the roll call items be placed on a future City Council �r Pi =Tem Fowler who stated in light of the incident the hearing of residents portion of the agenda between. 4member Thompson he would like to request either a -der to obtain a full understanding of what happened and of any ethical standards. sponded by saying he suggests next week we have a workshop with regard )cedure and our Code of Conduct. Due to the interesting conundrum we h the meeting, we need to address that and set forth a policy that will team, handle that in the future. Any issues related to political activity belong outside these chambers and need to be held out there. If there are any problems between individual council members, please refer back to the Code of Conduct we all signed and agreed to abide by. Mayor Carpenter proceeded to read from the Code, "Attempt to resolve personal conflicts among councilmembers internally before speaking publicly." He said they all agreed to this; it is Ordinance No. 15 -M -06, and was signed by every one of them. Outside of these chambers is the proper place to discuss political differences of opinion and actions. if someone feels we have an ethics violation in 10 -13 -2015 Minutes Page - 11 - 10. any of those things, this same document and our Code of Ethics gives us a procedure we need to follow to address those things. Given that we did not follow that procedure in the case earlier in the meeting, next week at our workshop, he will walk the council through the Rules of Procedure (Donna, add the Code of Ethics to that as well). He will walk council through the Rules of Procedure and the Code of Conduct reminding everyone of what we are supposed to do and how we are to conduct ourselves in these Chambers. These Chambers do not belong to us, but to the people, and we will act accordingly. He asked if anyone else had any questions. No" one did. Announcements by Mayor and Councilmembers • City and community events attended and to be • City Council Committee and Liaison Assignm • Continuing education events attended and to:b' • Recognition of actions by City employees • Recognition of actions by community volunte( • Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro -Tem Fowler golf tournament last Friday - the Schertz Chamber 6th turnout and success. Mayor Carpenter recognized Co neighborhoods last Tuesday with Night Out Event. below) stated he enjoyed playing in the ual Golf Classic. It was a great stated he enjoyed visiting the James supporting the National Mayor Carpenter, recognized.. Councilmember, John who stated he also attended the Schertz Chamber 6th Annua[Golf Classic Golf Classic list week. Mayor Carpenter `recognized Councilmember Thompson who stated he attended the National Night Out event last Tuesday and visited several Schertz neighborhoods. He attended an event Sunday at the Pilipino Women's Association held in Pickrell Park. He also commended the Knights of Columbus for their annual Senior Lunch yesterday; he thanked all the sponsors and volunteers who helped make this a success. Mayor Carpenter recognized Councilmember Fowler who stated he also attended the National Night Out event last week and met a young woman at one of the neighborhoods who thanked him for voting affirmative on the ordinance passed by council early this summer regarding the 10 -13 -2015 Minutes Page -12 - restriction of hand held communication devices in Schertz. She had been a victim of one of these `texting' accidents in the past and it took her almost a year to recover. 11. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Final Joint Land Use Study (JLUS). (B. James) Executive Session Mayor Carpenter recessed the regular meeting at 7:37 p.m. into 12. City Council will meet in closed session pursuant to Texas Consultation with Attorney to consult with the City Attorn with the Schertz Seguin Local Government Corporation's, Reconvene into Regular Session Mayor Carpenter reconvened into Regular session at 8:12'.m. 12a. Take any necessary action based on discussions held iii eic Number 12. No action was taken as a result of exeutiy Adiournment Mayor Carpenter adjourned the meting at 8:13 p. ATTEST Donna Sch- moekel, Deputy 10 -13 -2015 Minutes Page -13 - on. Code Section 551.071 legal issues associated Is. session under Agenda item Michael R. Carpenter, Mayor Agenda No. 2 lei IM401"LlueIEd1a10[Q "T.1101 Dim City Council Meeting: October 20, 2015 Department: City Secretary Subject: Boards, Committees, and Commission appointments — Resignations, appointments The City Secretary's office received a resignation from Mr. Robert Wallace of the Parks and Recreation Advisory Board. As a result of the vacancy, a regular position is now vacant. Information was vetted to the Interview Committee to move Mr. Eric Haugen up from Alternate No. 1 to the now vacant regular position. FISCAL IMPACT None RECOMMENDATION Based on the recommendations by the Interview Board staff recommends Council ratify the resignation of Robert Wallace, move Eric Haugen to the vacant regular position as a result of Mr. Wallace resignation. ATTACHMENTS Resignation — Robert Wallace Wallace Parks Advisory Board Resignation - Brenda Dennis Wallace Parks Advisory Board Resignation Robert Wallace <rwallace @alent.com> Tue 10/6/2015 1:25 PM 3o:Brenda Dennis <bdennis @schertz.com >; cc:Sandy Bryant <SBryant @schertz.com >; Johnnie McDowell < Joh tin ie _MC Dowel I.ALENT @alent.com >; Page 1 of 1 Brenda, Due to job requirements that included increased travel, I am no longer able to serve on the Parks Advisory Board. Please accept this email as my resignation from the board and please let me know if there is anything else you require of me. I have thoroughly enjoyed my time on the board and have learned much from the Schertz Parks and Recreation staff and have always been impressed with their dedication and professionalism. I was proud to serve with other dedicated citizens of the city of Schertz on the board who care deeply about their community and look for ways to make it better for all. Regards, Robert Wallace Regional Marketing / Channel Partner Manager - Americas Office Phone (210) 945 -4533 Mobile Phone (210) 241 -6079 From: Sandy Bryant <SBryant @schertz.com> To: 'Robert Wallace (rwallace @alent.com)" <rwallace @alent.com >, Date: 09/30/2015 07:49 AM Subject: Parks Advisory Board Mr. Robert, are you going to resign from the Board? I know you mentioned your job was going to keep you away most of the time. If you are not going to be on the Board can you please send an email to the City Secretary, Brenda Dennis (bdennis@Schertz.com) and let her know. Also notify J. McDow. Thank you and have a great day. This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com https:Houtlook.office365.com/owa/ 10/6/2015 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: October 20, 2015 . Department: Subject: BACKGROUND City Secretary Boards, Commissions and Committee Member Resignations The City Secretary's office received a resignation from Ms. Mary McAllister of the Library Advisory Board. As a result of the vacancy, a regular position is now vacant. Information was vetted to the Interview Committee to move Ms. Patti Paulson up from Alternate No. 1 to the now vacant regular position and also move Shonale Burke up to Alternate No. 1 from her present Alternate No. 2 position and appoint Rebecca Scheffler to Alternate No. 2. FISCAL IMPACT I�.�mo - ' t 1• � I Based on the recommendations by the Interview Board staff recommends Council ratify the resignation of Mary McAllister, move Patti Paulson to the vacant regular position as a result of Mary McAllister's resignation, move Shonale Burke up to Alternate No. 1 from Alternate No. 2 and appoint Rebecca Scheffler to Alternate No. 2. ATTACHMENTS Resignation — Mary E. McAllister Application — Rebecca Scheffler October 8, 2015 Mayor Michael Carpenter City of Schertz Schertz, Texas Dear Sir: This is to inform you that I will be resigning from the Library Advisory Board at the end of the year as my husband and I will be moving. It has been an honor and privilege to serve on the Library Advisory Board. Schertz is very fortunate to have a community that supports the library. Thank you and I wish the city continued success as it continues to grow. Sincerely, Mary E. McAllister APPLICATION TO SERVE ON A CITY BOARD /COMMISSION /COMMI" It Please type or print clearly v.�l Pleas return with your resume and cover letter to the City Secretary, 1400 Schertz Parkway, Schertz Texas 7$154 Name: (, X C Y) F Home phone: (Include area code) k fc) c �5 --= ork phone: (Include area code) r Mobile number: (Include area code) -�L AB Physical address: "` � ( 3 -: s� CDC, (Street, City, State, Zip) -w° Mailing address: (If different from above) �--- -' � `:-� a _-�- � C_- . _ (Street, City, State, Zip) Email address (es). s .' `,i -_ J . Do you live in the corporate limits of the City of Schertz? ❑ yes 19/no Are you 18 years or older? 12 yes ❑ no Are you registered to vote? 17 yes ❑ no Which County? ;: <. C' , Registration No: ¢ r,9 r7 Please indicate which Board or Commission you are interested in serving on: ❑ Planning and Zoning ❑ Board of Adjustment ❑ Economic Development -4B D Library Advisory Board ❑ Transportation Safety Advisory Commission ❑ Parks & Recreation Advisory Board ❑ Historical Preservation Committee Do you consent to the City conducting a background check on you? CSI yes ❑ no Current /past occupations or areas of expertise: T__ k (, a% I Professional and /or community activities: . � 4 -v" _a,.. N Additional pertinent information /references: v . 1v g=el m N :. r he inform�ttfon on this Application is true and correct. 1 Signature Date AUG 12 1015 Y. R 0 3�w_ 10 111 N 1: -0 0- 1 CITY COUNCIL MEMORANDUM City Council Meeting: October 20, 2015 . Department: City Secretary Agenda No. 4 Subject: Schertz Housing Authority Board Commissioner Appointment BACKGROUND The City Secretary's office received notification from the Schertz Housing Authority that Board Commissioner Mark Klebig has resigned thus leaving a vacancy. Appointments to this board are made by Mayor Carpenter and he has received interest from Mr. Dana Eldridge of his interest in serving. FISCAL IMPACT None RECOMMENDATION Staff recommends Mayor Carpenter approve the appointment of Mr. Dana Eldridge to the Schertz Housing Authority. ATTACHMENTS Application — Mr. Dana Eldridge CONMSSIONER DATA SHEET Graduate Area of Study yr grad degree Present Job Position ( r --cc/ if retired, please give previous position and date retired 1.e--�tc r 0,o, PrIc Professional Area (Legal — housing — real estate — banldn�g,, etc.) Level of experience � K e r i/ /-(-C)i (Employee — supervisor — manager — staff executive) (Owner /operator) Date appointed to Board of Commissioners W LIST ORGANIZATIONS IN WHICH YOU ARE A MEMBER AND POSITIONS HELD PREVIOUSLY: 10 /— I ,J /.l S A71, /--� a c�� X1,4 T above listed informatio4,IM be used y the Executive Director in information gathering and dispersing. Aad 12( Signature Date OCT 15 2015 13Y OUR MISSION IS TO PROVIDE DECENT, SAFE, AND SANITARY HOUSING 1� FOR THE ELDERLY, DISABLED AND VERY LOW INCOME FAMILY. 1`FRC7RTf1:11TY Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: October 20, 2015 Department: Development Services Subject: Ordinance No. 15 -S -34 — Conduct a public hearing to consider and act on a request to rezone 805 Main Street, approximately 1 acres of land, from Single- Family Residential District — 2 (R -2) to Main Street Mixed Use District (MSMU). (First Reading) The property owner, Steven White is proposing to rezone the approximately 1 acre tract of land located at 805 Main Street from Single - Family Residential District -2 (R -2) to Main Street Mixed Use District (MSMU). The property contains an existing apartment building and a one story residence that are currently occupied. The zoning district of Main Street Mixed Use District (MSMU) allows for single family residential and low intensity commercial land uses that which allows for a greater opportunity for redevelopment of the subject property. The public hearing notice was published in "The Daily Commercial Recorder" on October 1, 2015 and the "Herald" for the October 7, 2015 for the October 20, 2015 City Council Meeting. There were twenty -three (23) notices mailed to surrounding property owners within two hundred (200) feet of the subject property on September 11, 2015. At the time of this report two (2) responses were received; one (1) in favor of the request and one (1) response was neutral to the request. No responses were received opposed to the request. Goal Steven White is requesting to rezone the approximate 1 acre tract of land at 805 Main Street to Main Street Mixed Use District (MSMU). Community Benefit Promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. City Council Memorandum Page 2 Summary of Recommended Action The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject property as part of Historic Downtown Schertz. The objectives for Historic Downtown Schertz are to leverage Schertz's history and heritage to create a unique destination with local independent businesses, encouraging the use of existing buildings. The Main Street Mixed Use District (MSMU) was created to help achieve these objectives and is intended to provide a base zoning district to the area along Main Street. In light of the history of the area and variety of land uses that exist, this zoning district allows for both single - family residential uses and low intensity commercial uses. Reduced setbacks and parking requirements are provided as part of this district due to physical constraints in the .Main Street area. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. The proposed zone change will provide for either single family or low intensity commercial occupancy. • Impact of Infrastructure: The proposed rezoning request should have a minimal impact on the existing water and wastewater systems. • Impact of Public Facilities /Services: The proposed rezoning request will have a no impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by commercial, multi- family and single family land uses. The Main Street Mixed Use District (MSMU) will allow for either low intensity commercial or single - family residential. Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Plan (FLUP). The Comprehensive Land Use Plan identifies this area as Historic Downtown Schertz. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and is consistent with the Comprehensive Land Use Plan and compatible with the surrounding land uses. The property was originally built as a Hospital and is currently occupied as an Apartment Building and a one story residence. If the rezoning is granted, the land use of apartments will be considered an existing non - conforming use and subject to the restrictions identified in UDC Article 7 Nonconforming Uses, Lots and Structures. The land use of apartments may continue to be used, operated and occupied until the use has been abandoned. Based on the Comprehensive Land Use Plan and surrounding land uses the Main Street Mixed Use District (MSMU) is the most appropriate zoning district for this tract of land. Staff recommends approval of the rezoning application as submitted. FISCAL IMPACT RM City Council Memorandum Page 3 RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on September 23, 2015 and offered a recommendation of approval by a unanimous vote. Staff recommends approval of Ordinance 15 -S -34 to zone the subject property from Single - Family Residential. District — 2 (R -2) to Main Street Mixed Use District (MSMU). ATTACHMENT Ordinance No. 15 -S -34 ORDINANCE NO. 15 -S -34 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING AN APPROXIMATELY 1 ACRE TRACT OF LAND FROM SINGLE FAMILY RESIDENTIAL DISTRICT -2 (R -2) TO MAIN STREET MIXED USE DISTRICT (MSMU). WHEREAS, an application to rezone approximately 1 acre of land described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Conditions "); and WHEREAS, on September 23, 2015, . the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, hereby makes a recommendation of approval of the rezoning; and WHEREAS, on October 20, 2015 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. C �' i • I C ■: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Main Street Mixed Use District (MSMU). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this 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. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 20th day of October, 2015. . PASSED, APPROVED AND ADOPTED on final reading the 27st day of October, 2015. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" Exhibit B "The Property" --, csaa€ A* , x, a,96a ACRES 15 -C " - , ,ad 17, — w v c4l Cfl LIM, ZI �, I - SJRA" 'M -nE S,'%M IcerKM TO AN "AL OLIOMW MVXW, I RJ I KK I ' OXID, FEA 7i -- — .192 V'WrR"F C?O'4' D S mm In 120D , ) J k' M M47MmO. 7EXAS 7,9247—o,7 A0,13A M. OU7 Q7 7-4E MALPAZ QRIUMAL VJR.,vEY Ne,),rj7 a MAMON OATM 1, ROOM AND Ekw'Emrs k ws�w��t k4l Ku r Srml, RWM A MOVE- In 120D , ) J k' M M47MmO. 7EXAS 7,9247—o,7 Agenda No. 6 C KOLWILMN I Ed 10102 L11 ' • 1 City Council Meeting: October 20, 2015 Department: Parks and Recreation Subject: Ordinance No. 15 -T -36 - An Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment for the Aquatics Facility construction (First & Final Reading) (B. James) BACKGROUND The City has been working on the design of the Aquatic Facility. The primary source of funding for the project is from the 2010 bond. An additional $2,000,000 contribution is being provided from the YMCA that will be paid over 20 years. The intent is to issue General Obligation bonds for that amount in early 2016 at the same time as the City would issue bonds that may be passed as part of the 2015 bond election. Additionally the City is proposing to finalize the interlocal agreement with Schertz Cibolo Universal City ISD (SCUCISD) that provides the City with $1.65 million dollars in exchange for SCUCISD to be able to use 6 of the proposed 8 lanes of the competition pool and exclusive use of the locker facilities for 4 hours every morning during the school year — generally from 5:30 to 9:30 and to have exclusive use of the competition pool and lockers to host 3 swim meets per year. The City will bill SCUSISD for their funds as draws based on the completion of construction. That agreement is scheduled to be considered by City Council on October 27 in conjunction with the final reading of this ordinance. In order to execute the contract with Thomas S. Byrne, Ltd. this Ordinance authorizes $3.65 million to be budgeted toward this project. It is not anticipated that these funds will actually be spent as explained above, but are in place in order to execute the contract. Goal To obtain approval from City Council to authorize a budget amendment to provide the additional $3.65 million for the GMP agreement with Thomas S. Byrne, Ltd. to construct the aquatics facility. FISCAL IMPACT This ordinance will authorize $3.65 million from reserves to be put towards the aquatic facility, but staff anticipates not actually having to draw down on these funds as explained above. RECOMMENDATION Staff recommends Council approve Ordinance 15 -T- 36 first and final reading and declaring an emergency. ATTACHMENTS Ordinance 15 -T -36. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT FOR THE AQUATIC FACILITY CONSTRUCTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, AND DECLARING AND EMERGENCY. WHEREAS, the City is amending the existing agreement with the construction manager at risk, Thomas S Byrne, Ltd. for construction phase services for the Aquatic Facility; and WHEREAS, the City needs to adjust the Budget to fund the construction of the Aquatics Facility in the amount of $3,650,000 from the General Fund reserves; WHEREAS, City staff recommends that the City Council of the City adjust the Budget as indicated to provide funding for the construction of the Aquatics Facility; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Budget for this purpose; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall increase the Budget in Fund 404 Capital Projects Aquatics Facility in the amount of $3,650,000 through use of reserves. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT THIS ORDINANCE WAS PASSED and APPROVED on first reading this the day of .2015. PASSED, APPROVED and ADOPTED on second reading this the day of , 2015. Mayor, Michael Carpenter City Secretary, Brenda Dennis APPROVED AS TO FORM: City Attorney 50558021.1 - 2 - Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: October 20, 2015 Department: Parks and Recreation Subject: Resolution 15 -R -90 - to Approve an Amendment to the existing Agreement with the Construction Manager at Risk for Construction Phase Services for the Aquatic Facility. 1 11 Axe K" till GOAL To provide the citizens with a new indoor Aquatics Facility that meets the needs of the growing community and the requirements of the 2010 Bond. 19.7 [/1 WEIT41 I [1301K An Agreement with Marmon Mok Architects for the design of the Aquatic Facility was approved by City Council on July 8, 2014. An Agreement with Thomas S Byrne, Ltd for Construction Manager at Risk (CM @R) for Preconstruction Services only was approved by City Council on May 12, 2105 GUARANTEED MAXIMUM PRICE AMENDMENT Pursuant to Section 2.2.6 of the existing A133 Agreement, the CM @R has prepared an Amendment to their existing Agreement stating the Guaranteed Maximum Price (GMP) for construction of the Aquatic Facility. The GMP is based on construction documents prepared by Marmon Mok Architects. The CM @R guarantees that the cost of the Project will not exceed the stated amount unless changes are made to the project scope subsequent to the approval of the Amendment. The Amendment also lists the assumptions and exceptions that would affect the final costs. Community Benefit The community will benefit by having a nationally ranked and highly qualified construction management firm build the Aquatic Facility. Fiscal Impact Funds for this Contract will be from the 2010 Bond funds for the Aquatic Facility. The Guaranteed Maximum Price (GVSP) is $8,483,893.00). Ordinance 15 -T -36 allocates the remaining approximately $3.65 million for this project. The final interlocal agreement with SCUCISD will be considered on October 27, 2015. Approval of Resolution 1.5 -R -90 ATTACHMENT(S) Resolution No. 15 -R -90 Exhibits A through E RESOLUTION NO. 15 -R -90 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE EXISTING A133 AGREEMENT FOR THE CONSTRUCTION PHASE SERVICES OF THE CONSTRUCTION MANAGER AT RISK AGREEMENT FOR THE NEW INDOOR AQUATIC FACILITY AND ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City authorize an Amendment to the existing Agreement with Thomas S Byrne, Ltd. as the Construction Manager at Risk for the Construction Phase Services for the new indoor Aquatic Facility; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the existing Agreement with Thomas S Byrne, Ltd and the Amendments are attached hereto as Exhibits A through E (the "Amendment "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Amendment to the existing Agreement with Thomas S Byrne, Ltd for the Construction Phase Services in substantially the form set forth on Exhibits A through E. The total Guaranteed Maximum Price (GMP) amount payable under this Agreement shall not exceed Eight Million Four Hundred Eighty Three Thousand Eight Hundred Ninety Three Dollars and no cents ($8,483,893.00). Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this day of , 2015. CITY OF SCHERTZ, TEXAS Michael R Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 EXHIBITS A THROUGH E AMENDMENT TO THE EXISTING AIA A133 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR THOMAS S BYRNE, LTD Cost Estimate Summary Sheet Schertz Aquatic Facility GMP Amendment TI r4weIffeliMit[!!+tIjt ,, tfunaina sauare reet: i9.usi 01000 General Conditions $ 541,911 $ 28.48 01500 Temporary Construction & Protection $ 26,720 $ 1.40 01500 Temporary Shoring at Splash Pad $ 79,000 $ 4.15 01500 Scaffolding Allowance $ 35,000 $ 1.84 02400 Demolition of Existing Structures By Owner 03000 Concrete $ 308,695 $ 16.22 04200 "! Masonry $ 300,175 $ 15.77 05000 Steel $ 968,674 $ 50.90 06400 Architectural Woodwork $ 34,876 $ 1.83 07100 Sealants $ 80,534 $ 4.23 07500 Roofing $ 295,506 $ 15.53 08100 Doors & Hardware $ 100,295 $ 5.27 08300 Overhead Glass Panel Doors Deleted by Owner $ - 08400 Glass & Glazing $ 242,361 $ 12.74 09210 Drywall & Acoustical Systems $ 101,294 $ 5.32 09240 EIFS / DryVit & Direct Apply Systems $ 188,119 $ 9.88 09300 Tile $ 152,924 $ 8.04 09640 Resilient Flooring $ 10,000 $ 0.53 09900 "'`'Paint $ 149,536 $ 7.86 10000 Specialties $ 24,058 $ 1.26 10400 Signage Spec'd Allowance $ 25,000 $ 1.31 10500 Lockers $ 45,170 $ 2.37 12600 ;Spectator Seating (Bleachers) $ 33,000 $ 1.73 13110 Swimming Pools & Scoreboard System $ 1,200,412 $ 63.08 21000 Fire Protection $ 38,400 $ 2.02 22000 Plumbing w /HVAC $ - 23000 HVAC $ 1,210,860 $ 63.63 23000 Testing & Balancing w /HVAC $ - 26000 Electrical $ 799,666 $ 42.02 27000 AV & Communications Systems Allowance $ 20,000 $ 1.05 28000 Security & Access Control Systems Allowance $ 25,000 $ 1.31 31000 Earthwork $ 525,256 $ 27.60 31310 Termite Treatment Deleted by Owner $ - 32120 Site Paving and Curbs w /Concrete $ - 32130 Pavement Striping $ 7,352 $ 0.39 32150 Fence $ 11,822 $ 0.62 32900 Landscape & Irrigation By Owner $ - 33100 Site Utilities $ 282,788 $ 14.86 Page 1 Cost Breakdown by Bid Package Cost Estimate Summary Sheet Schertz Aquatic Facility GMP Amendment uate: uctooer 14, 1U1b tfunaing Square reet: 1y,us1 Contractor's Contingency 3.50% $ 275,254 $ 14.46 Building Permitl 0.00% EXCLUDED Data Processing (Accounting/IT)i 0.15% $ 12,726 $ 0.67 Construction Casts Subtotal $ 8,152,3$4 1 $ 428 CGL & Umbrella Insurance 0.80% $ 67,871 $ 3.57 Pollution Insurance 0.20% $ 16,968 $ 0.89 Builder's Risk Calc $ 7,466 $ 0.39 Pavment & Performance Bond 0.85% $ 4,113 $ 0.22 II i reconstruction reel u.uuiol zl� 1o,uuu I Z� u. /V 1 11 IlAit 1 Provide Underwater Lights Pools ( 1 $ 24,182 ( $ 1.27 ( (I Alt 2 Provide Spiral Duct in Lieu of Rectanqular I I No Savinqs 1 $ Page 2 Cost Breakdown by Bid Package NINE DECADES OF EXCELLENCE BYRAE 14220 Northbrook Dr. Suite 400 ZWS_ d u rTd iii Pc San Antonio, Texas 78232 Phone: (817) 335 -3394 Fax: (817) 877 -5507 Qualifications & Clarifications Schertz Aquatic Facility GMP Amendment Date: October 14, 2015 A Contractors construction contingency OT 6.:)-lo is mcivaea in trns estimate, ana is mtenaea Tor construction use only. Owner contingency is excluded from this estimate. It is assumed that there will be minimal changes t the construction documents from their current state to 100% CD's. Any changes made will be evaluated by the team for necessity to the project and if required contingency will be used to cover the additional cost. 21A construction fee of 2.85% is included on the cost summary, and is based upon the total construction cost. 31 Builders Risk Insurance is included, and based upon the total cost. 4 CGL & Umbrella Insurance is included, and based upon the total cost. 5 Payment and Performance bonds for Byrne have been included on the cost summary, and are based upon the total cost. 6 The CM re- construction services fee is excluded from this estimate. 7 All costs associated with approvals, easements, assessments, fees, deposits, charges, permits, studies, impact fees, tap fees, services fees, or similar, required by any governing agency to include County, City, State, or Federal entities, in addition to any and all utility entities are specifically excluded. 8 Building permit cost is excluded. 9 Testing Lab services for materials, mock -ups, or delegated engineering components are to be provided by the Owner, and are excluded. 10 Testing of building components for water or air intrusion is excluded, and is to be provided by the Owner. 11 Commissioning Agent and Services are to be provided by the Owner, if required. 12 The General Conditions included in this estimate are based upon approximately 10.5 months to substantial 13 Design Fees or services are not included. Where required in the specifications, the Construction Manager will provide design calculations and information provided by the Trade Contractors to the Architect and Engineer for approval and acceptance of the design. 14 The CM does not warrant of guarantee functionality of the design with the Owner's requirements. The CM relies upon the designers to provide and implement the Owner's requirements into the design documents. 15 The CM will provide oversight and review of submittals for compliance with the contract documents. 16 All costs for mobile phones is inclusive of mobile data management. 17 All initial and final survey's and plats required by the City are by the Owner. 18 All electrical costs associated with construction are included. 19 This estimate is to be reviewed as a whole; not as individual line items. 1 ISales tax is excluded. 2 This estimate is based upon electronic design document files and models being available to all subcontractors at no additional cost. 3 All FF &E, OFE, and furnishings are excluded from this estimate, unless specifically noted in the estimate detail. 41AII hazardous or contaminated material and soil testing, remediation, investigation, and abatement is excluded. II 61LEED Certification is not being pursued on this project, and is excluded. �I 7 Work within the existina buildinas is excluded from this estimate. II 81An allowance of $35,000 is included for scaffolding. II II 1 I Demolition of the small existing building on site is excluded, and is to be removed by the Owner prior to the start II of construction. mixes, ana or 21This estimate includes pre -cast lids at the surge tank with a topping slab over the top, being integral to the slab Page 1 Qualifications & Clarifications Qualifications & Clarifications Schertz Aquatic Facility GMP Amendment Date: October 14, 2015 Page 2 Qualifications & Clarifications 14220 Northbrook Dr., Suite 400 San Antonio, TX 78232 210/402 -3335 Fax 210/402 -3376 Exhibit C - Specifications Documents List Schertz Aquatic Facility Schertz, Texas Date: 10/15/2015 001113 09/22/15 Advertisement for Bids 003100 09/22/15 Available Project Information 004100 09/22/15 Proposal Form 004313 09/22/15 Bid Bond 004336 09/22/15 Proposed Sub Contractors Form 006113 09/22/15 Performance And Payment Bond 007200 09/22/15 General Conditions 007330 09/22/15 Additional Supplementary Conditions 007346 09/22/15 Waae Determination Schedule 01 0070 09/22/15 Provisions for Accessibility 01 1000 09/22/15 Summary 01 2000 09/22/15 Price and Payment Procedures 01 2100 09/30/15 Allowances 01 2300 09/30/15 Alternates 01 3000 09/22/15 Administrative Requirements 01 3216 09/22/15 Construction Progress Schedule 01 4000 09/22/15 Quality Requirements 014339 09/30/15 Mock -ups 01 4533 09/22/15 Code - Required Special Inspections 01 5000 09/22/15 Temporary Facilities and Controls 01 5813 09/22/15 Temporary Project Signage 01 6000 09/22/15 Product Requirements 01 6116 09/22/15 Volatile Organic Compound (VOC) Content Restrictions 01 7000 09/22/15 Execution And Closeout Requirements 01 7800 1 09/22/15 1 Closeout Submittals 01 7900 1 09/22/15 1 Demonstration and Training Division 02- EXISTING CONDITIO,NS 023000 09/22/15 Earthwork for Structures (SE) 024100 09/22/15 Selective Demolition Division 03- CONCRETE 033000 09/22/15 Unit Masonry Diuision 04- MASONRY 042000 1 09/22/15 Unit Masonry 050519 09/22/15 Post - Installed Anchors And Dowels (SE) 051200 09/22/15 Structural Steel Framing (SE) 051213 09/22/15 Architecturally Exposed Structural Steel (AESS) 052100 09/22/15 Steel Joist Framing (SE) 053100 09/22/15 Steel Decking (SE) 054000 09/22/15 i Cold- Formed Metal Framing Page 1 of 4 Contract Documents List CONSTRUCT] CONSTRUCI]ON SEWCES 14220 Northbrook Dr., Suite 400 San Antonio, TX 78232 210/402 -3335 Fax 210/402 -3376 Exhibit C - Specifications Documents List Schertz Aquatic Facility Schertz, Texas Date: 10/15/2015 05 5000 09/22/15 Metal Fabrications Division 06 WOOD, PLASTIC &;COMPOSITES 0610 0 0 1 09/22/15 1 Rouah Caroentry 071900 09/22/15 Water Repellents 072100 09/22/15 Thermal Insulation 072119 09/22/15 Foamed -IN -Place Insulation 072419 09/30/15 Water Drainage Synthetic Stucco - Stucco 1 & Stucco 2 072616 09/22/15 Under Slab Vapor Retarders & Barriers 072720 09/22/15 Membrane Flashing 072727 09/22/15 Fluid - Applied Vapor Permeable Membrane Air Barrier System 074113 09/30/15 Preformed Metal Roofing 075424 09/22/15 Thermoplastic- Polyolefin Roofing -TPO 076200 09/22/15 Sheet Metal Flashing and Trim 077100 09/22/15 Roof Specialties 077200 09/22/15 Roof Accessories 079200 09/22/15 Joint Sealants Division ,,08- ©PENiNGS 081613 09/22/15 Fiberglass Doors 083100 09/22/15 Access Doors and Panels 084313 09/22/15 Aluminum- Framed Storefronts 084413 09/30/15 Glazed Aluminum Curtain Wall - 2x6 in section 087100 09/22/15 Door Hardware 088000 09/22/15 Glazing 088300 09/22/15 Mirrors 088713 09/30/15 Solar Control and Decorative Films 092116 09/22/15 Gypsum Board Assemblies 09 2236.23 09/22/15 Metal Lath 092400 09/22/15 Portland Cement Plastering 093000 09/22/15 Tiling 093213 09/22/15 Swimming Pool Tile (NP) 095100 09/22/15 Acoustical Ceilings 096500 09/22/15 Resilient Flooring 09 6819.01 09/22/15 Woven Resilient Flooring 097200 09/22/15 Wall Coverings 099000 09/22/15 1 Paintina and Coatina 101400 09/22/15 Signage 10 2113.20 09/22/15 Plastic Toilet Compartments 102800 09/22/15 Toilet, Bath and Laundry Accessories 104116 09/22/15 Emergency Key Cabinets -Knox Box Page 2 of 4 Contract Documents List CONSTRUCI]ON SEWCES 14220 Northbrook Dr., Suite 400 San Antonio, TX 78232 210/402-3335 Fax 210/402-3376 Exhibit C - Specifications Documents List Schertz Aquatic Facility Schertz, Texas Date: 10/15/2015 104400 10/02/15 Fire Protection Specialties 105128 09/30/15 Solid Phenolic Lockers DIVision,11I.Equipment 114683 09/30/15 10/02/15 Ice Maker 116614 09/22/15 Swimsuit Dryers 116643 09/22/15 Swimming Pool Timinq Svstem (NP) 131100 1 09/22/15 1 Swimming Pools (NP) 133416 1 09/30/15 1 Continuous Non Elevated Anale Frame Bleachers 21 0500 10/02/15 Common Work Results for Fire Supression 21 1000 10/02/15 Automatic Sprinkler Systems 21 1100 10/02/15 Fire Protection Piping Division 222• PLUMBING (MEP ), Identification for HVAC Piping and Equipment 220517 09/22/15 Sleeves and Sleeve Seals for Plumbing Piping 220518 09/22/15 Escutcheons For Plumbing Piping 220519 09/22/15 Meters and Gages For Plumbing Piping 220523 09/22/15 General Duty Valves for Plumbing Piping 220529 09/22/15 Hangers and Supports For Plumbing Piping 220553 09/22/15 Identification For Plumbing Piping and Equipment 220700 09/22/15 Plumbing Insulation 221114 09/22/15 Facility Natural Gas Piping 221116 09/22/15 Domestic Water Piping 221119 09/22/15 Domestic Water Piping Specialties 221423 09/22/15 Facility Storm Drainage Piping 223100 09/22/15 Domestic Water Softeners 223400 09/22/15 Fuel-Fired Domestic Water Heaters 230500 09/22/15 Common Work Results for HVAC 230513 09/22/15 Common Motor Requirements for HVAC Equipment 230529 09/22/15 Hangers and Supports for HVAC Piping and Equipment 230553 09/22/15 Identification for HVAC Piping and Equipment 230593 09/22/15 Testing, Adjusting and Balancing for H\/AC 230700 09/22/15 HVAC Insulation 231123 09/22/15 Facility Natural-Gas Piping 232123 09/22/15 Hydronic Pumps 232300 09/22/15 Refrigerant Piping 233113 1 09/22/15 1 Metal Ducts 233300 1 09/22/15 1 Air Duct Accessories Page 3 of 4 Contract Documents List CONSTRUCI]ON SEMCES 14220 Northbrook Dr., Suite 400 San Antonio, TX 78232 210/402-3335 Fax 210/402-3376 Exhibit C - Specifications Documents List Schertz Aquatic Facility Schertz, Texas Date: 10/15/2015 M SEEN= 233416 09/22/15 Centrifugal HVAC Fans 236200 09/22/15 Air-Cooled Condensing Units 237413 09/22/15 Packaged Outdoor Central-Station Air Handling Units 238126 09/22/15 Split System Air-Conditioners Q,iivjsJ[o,p,24,and 25,1140T USED D ilvislon,26- ELECTRICAL ,(MEP)",, 260501 09/22/15 Common Work Results for Electrical 260519 09/22/15 Low-Voltage Electrical Power Conductors 260526 09/22/15 Grounding and Bonding For Electrical Systems 260529 09/22/15 Hangers and Supports for Electrical Systems 260533 09/22/15 Raceway and Boxes for Electrical Systems 260544 09/22/15 Sleeves and Sleeve Seals for Electrical Raceways and Cabling 260553 09/22/15 Identification for Electrical Systems 260923 09/22/15 Lighting Control Devices 262200 09/22/15 Low-Voltage Transformers 262416 09/22/15 Panelboards 262726 09/22/15 Wiring Devices 262813 09/22/15 Fuses 262923 09/22/15 Variable-Frequency Motor Controllers 264313 09/22/15 Surge Protective Devices for Low Voltage Electrical Power 265100 09/22/15 Interior Liahtina 271000 09/22/2015 City Of Schertz Network Wiring Specifications 274116 09/22/15 Audio Systems (DC) 1 323513 1 09/22/15 1 Site Screenina Devices 328400 10/02/15 Planting Irrigation 329119 09/22/15 Landscape Grading (LA) 329219.16 09/22/15 Hydraulic Seeding (LA) 329300 09/22/15 Landscape Plantings (LA) Page 4 of 4 Contract Documents List CONSTRUCT] CONSTRUCI]ON SEMCES 14220 Northbrook Dr., Suite 400 San Antonio, TX 78232 210/402 -3335 Fax 210/402 -3376 Exhibit D - Contract Documents List Schertz Aquatic Facility Schertz, Texas Date: 10/15/2015 Page 1 of 3 Contract Documents List 0000 09/21/15 Cover Sheet 1101 09/30/15 Information & Sheet Index 1102 09/30/15 Partition Types R 101 09/21/15 Fire Protection Analysis C0.0 09/24/15 Cover Sheet C0.1 09/24/15 General Notes C1.0 09/24/15 Existing Conditions, Demolition and S.W.P.P.P C1.1 09/24/15 Storm Water Pollution Prevention Plan C2.0 09/24/15 Site, Paving and Fire Protection Plan C3.0 09/24/15 Grading and Drainage Plan C4.0 09/24/15 Water and Wastewater Plan C5.0 09/24/15 Site Plan Details C6.0 09/24/15 Water Plan Details C6.1 09/24/15 Water Plan Details C6.2 09/24/15 Water Plan Details C6.3 09/24/15 Wastewater Plan Details C6.4 09/24/15 Wastewater Plan Details C6.5 09/24/15 Wastewater Plan Details L100 10/02/15 Landscape Planting Plan L200 10/02/15 Planting Details A001 09/21/15 Site Plan Details A101 09/30/15 Level 1 Overall Floor Plan A102 09/21/15 Roof Plan A103 09/21/15 Low Roof Plans A104 10/02/15 Plan Details -EXT A105 09/30/15 Plan Details -INT A201 10/02/15 Door & Room Finish Schedules A203 09/30/15 Window Schedule A204 09/21/15 Window Schedule A301 09/30/15 Exterior Elevations A302 09/21/15 Building Sections A303 09/21/15 Building Sections A401 10/02/15 Enlarged Floorplans A402 09/30/15 Enlarged Floor Plans /Int Elevations A403 09/30/15 Interior Elevations A404 09/30/15 Interior Elevations A501 09/30/15 Reflected Ceiling Plans A502 09/21/15 Clerestory Reflected Ceiling Plans A701 09/30/15 Wall Sections A702 09/30/15 Wall Sections A703 09/21/15 Wall Sections A704 09/30/15 Section Details A901 09/21/15 Finish Plan A911 09/21/15 Floor Pattern Plans Page 1 of 3 Contract Documents List 14220 Northbrook Dr., Suite 400 San Antonio, TX 78232 210/402 -3335 Fax 210/402 -3376 Exhibit D - Contract Documents List Schertz Aquatic Facility Schertz, Texas Date: 10/15/2015 Page 2 of 3 Contract Documents List S001 09/30/15 Structural Notes S002 09/30/15 Structural Notes S003 09/21/15 Special Inspections S004 09/21/15 Loading Plans S005 09/30/15 Loading Plans S100 09/30/15 Select Fill Grading Plan S200 09/30/15 Overall Foundation Framing Plan S200a 09/30/15 Pool Slab & Trench Framing Plan S201 09/30/15 Low Roof Framing Plan S202 09/30/15 Mid Roof Framing plan S203 09/30/15 High Roof Framing S300 09/30/15 Typical Concrete Details S301 09/30/15 Typical Concrete Details S302 09/21/15 Typical Base Plate Details S303 09/30/15 Typical Pool Shell Details S310 09/30/15 Fountain Details S311 09/30/15 Fountain Details S350 09/21/15 Typical Masonry Details S351 09/21/15 Typical Masonry Details S400 09/21/15 Typical Steel Details S401 09/21/15 Typical Steel Connection Details S402 09/21/15 Typical Steel Details S404 09/21/15 Special Steel Connection Details S410 09/30/15 Steel Framing Details S411 09/30/15 Steel Framing Details S412 09/30/15 Steel Framing Details S413 09/21/15 Canopy Sections S414 09/30/15 Steel Framing Details S500 09/21/15 Building Sections S600 09/21/15 Building Elevations S601 09/21/15 Building Elevations S602 09/21/15 Building Elevations S610 09/21/15 Brace Elevations S611 09/21/15 Brace Elevations M000 09/21/15 Mechanical Symbols & Abbreviations M101 09/21/15 Overall Floor Plan- Mechanical M102 09/21/15 Roof Plan - Mechanical M300 09/21/15 Enlarged Floor Plan - Mechanical M301 09/21/15 Enlarged Floor Plan - Mechanical M500 09/21/15 Mechanical Schedules M600 09/21/15 Mechanical Details P000 09/21/15 Plumbing Symbols & Abbreviations P100 09/21/15 Level 0 Under Floor Plan- Plumbing P101 09/30/15 Level 1 Overall Floor Plan- Plumbing P102 09/21/15 Roof Plan- Plumbing Page 2 of 3 Contract Documents List CONSTRUCI]ON SEWCES 14220 Northbrook Dr., Suite 400 San Antonio, TX 78232 210/402-3335 Fax 210/402-3376 Exhibit D - Contract Documents List Schertz Aquatic Facility Schertz, Texas Date: 10/15/2015 P300 09/21/15 Enlarged Plans- Plumbing P500 09/21/15 Plumbing Schedules P600 09/21/15 Plumbing Details P601 09/21/15 Plumbing Details P700 09/21/15 Plumbing Riser diagrams P701 09/21/15 Plumbing Riser diagrams EOOO 09/30/15 Electrical Symbols & Abbreviations E001 09/30/15 Site Plan - Electrical E100 09/30/15 Level 1 Floor Plan- Lighting E200 09/30/15 Level 1 Floor Plan- Power E300 09/21/15 Level 1 Floor Plan- Special Systems E400 09/21/15 Roof Plan- Electrical E500 09/30/15 Electrical Riser Diagram E600 09/30/15 Electrical Schedules E700 09/21/15 Electrical Details AVOOO 09/30/15 General Notes and Legends AV1 01 09/30/15 Level 1 Overall Floor Plan AV500 09/21/15 AV Notes And Legends AV501 09/30/15 Functional Diagrams AV502 09/30/15 Plate Panel And Rack Detail SP0.0 09/30/15 Pool Reference Plan Sp1.0 09/30/15 Community Pool Plan And Sections Sp1.1 09/21/15 Community Pool Details SP1.2 09/30/15 Community Pool Timing System SP2.0 09/30/15 Leisure Pool Plan And Sections SP2.1 09/30/15 Leisure Pool Details SP3.0 09/30/15 Pool Location Point Plan SP4.0 09/30/15 Pool Piping Plans SP5.0 09/30/15 Pool Mechanical Room Plan And Sections SP5.1 09/21/15 Surge Tank Plan And Sections SP5.2 09/21/15 Pool Mechanical Details SP5.3 09/30/15 Pool Mechanical Details SP5.4 09/30/15 Pool Mechanical Details SP6.0 09/30/15 Pool Mechanical Schematics i i�i Ill i�i 111 mill 1111:1lillim 7T 71 Page 3 of 3 Contract Documents List i EXHIBITT Possible Deductions ($733,172) Accepted tW. uctions ($398,469 $8,584,300 UPDATED 10/15/2015, 2:07 PM Page 1 of 2 i EXHIBITT Possible Deductions ($733,172) Accepted tW. uctions ($398,469 $8,584,300 UPDATED 10/15/2015, 2:07 PM Page 2 of 2 AIA for the following PROJECT: (Name and address or location) Aquatic Facility Schertz, Texas THE OWNER: (Name, legal status and address) City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 THE CONSTRUCTION MANAGER: (Nia ne, Legal status and address) Thos. S. Byrne, Ltd. d/bla Byrne Construction Services 14220 Northbrook Drive, Suite 400 .San Antonio, TX 78232 ARTICLE A.1 § A.1.1 Guaranteed Maximum Price Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's .Fee plus the Cost of the Work, as that term is defined in Article 6 of this Agreement § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not exceed Eight million four hundred and eighty three thousand eight hundred and ninety three dollars ($ $8,483,81 ), subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Construction Manager's Fee, and other items that comprise the Guaranteed Maximum Price. .(Provide below or reference an attachment.) See Exhibit 'A' — Cost Estimate Summary ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A2011- -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. § A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates: IftheContract :Documents permit the Owner to accept other alternates subsequent to the execution Of this Amendment, . attach a schedule of such other alternates shouting the amountfor each and the date when the amount expires) AIA Document A1331" 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects All rights reserved. WARNING: This Init. AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or 1 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:41:00 on 10/15/2015 under Order No.7744502623_1 which expires on 12/20/2015 and is not for resale. '.User Notes: (1128550745) Alternate #1 -Provide Underwater lights at the Pool -ADD $24,132.00 —Must be accepted by January 1, 2016 Alternate 42 — Provide Spiral Duct in lieu of Rectangular— No Change in Price— Must be accepted by February 15, 2016 § AAAA Allowances included in the Guaranteed Maximum Price, if any: (Identify allowance and state exclusions, if our, from the allowance price.) Item Price ($0.00) Scaffolding Allowance $35,000 Signage Allowance :$25,000 AV / Communication Systems Allowance $20,000 Security and Access Control System $25,000 .Allowance § AA .1.5 Assumptions, if any, on which the Guaranteed Maximum Price is based: See Exhibit 'B' — Qualifications and Clarifications § A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: Document Title Date Pages § A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: (Either List the Specifications here, or refer to an exhibit attached to this Agreement.) ...'See Exhibit 'C'- Specification Log Section Title Date Pages ;§ A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: - (Either list the Drawings here, or refer to an exhibit attached to this Agreement.) See Exhibit 'D' - Drawing Log Number Title Date § A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List ant, other documents or information here, or refer to an exhibit attached to this Agreement.) See Exhibit 'E'— Cost Value Options Log ARTICLE A.2 § A.2.1 The anticipated date of Substantial Completion established by this Amendment: .Anticipated Substantial Completion 09/16/2016 - Assuming NTP 11/03/2015 for clearing and grading - Assuming Building permit approved by 12/01/2015 ALA Document A1331- 2009 Exhibit A. Copyright ©1991 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This /nit. AIM Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIP Document, or 2 any portion of it, may result in severe cry it and criminal penalties, and will prosecuted to the maximum extent possible under the law; This / :document was produced by AIA software at 11:41:00 on 10/15/2015 under Order No.7744502623 1 which expires on 12/20/2015, and is not for resale. User Notes: (1128550745) OWNER (Signature) C el John Kessel, City Manager _ T (Printed naine and title) 0 President — South: Texas AIA Document A1331" —2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This Init. AM" Document is protected by U.S. Copyright Law and International Treaties Unauthorized reproduction or distribution ofthis AIA's Document,or 3 any portion of it, may result in stwere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This / document was produced by AIA software at 11:41:00 on 10/1512015 under Order No 7744502623_1 which expires on 12/20/2015, and Is not for resale. User Notes: (1128550745) Additions and Deletions Report for AIA0 Document A 133c" — 2009 Exhibit A This Additions and Deletions Report, as defined on page 1 of the associated document reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated .simultaneously by AIA software at 11:41:00 on 10/15/2015. PAGE Aquatic Facility Schertz, Texas City of Sche z .1400 Schertz Parkway Schertz, Texas 78154 :Thos, S. Bvme, Ltd. d /b /a Bvnle Construction Services 14220 Northbrook Drive, Suite 400 San Antonio, TX 78232 § A.1.1.1 The Conti-act Sum is guaranteed by the Construction Manager not to exceed Eight million four hundred and eighty three thousand eight hundred and ninetv three dollars ($ $8,483,893.00 ), subject to additions and deductions by Change Order as provided in the Contract Documents. See Exhibit 'A' — Cost Estimate Summa PAGE 2 Alternate #1 — Provide Underwater lights at the Pool — ADD $24,182100 — Must be accepted by January 1, 2016 Altemate#2—ProvideSpiraTDucCinlieuofReetanauiar—No Change in Price— Mustbeacceptedb Februar 15, 2016 Scaffolding Allowance $35,000 Signaue Allowance $25,000 AV / Communication Svstems Allowance $20,000 .Security and Access Control System $25,000 .Allowance See Exhibit 'B' - QualificationsandClarifications Additions and Deletions Report for AIA Document A133° - 2009 Exhibit A, Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAr' Document is protected by U.S. Copyright Law and international Treaties Unauthorized reproduction or 1 'distribution of this AIM Document, or any portion of it, may result a severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:41:00 on 10/15/2015 under Order No.7744502623_1 which expires on 12/20/2015, and is not for resale. User Notes: (1128550745) See Exhibit 'C'- SneciFication Log See Exhibit 'D' - Drawing Log 'See Exhibit 'E'— Cost Value Options Loe .Anticipated Substantial Completion 09/16/2016 - Assuming NTT 11/03/2015 for cleating and grading - Assuming Building permit approved by 12/01/2015 PAGE John Kessel, City Manager TonyBattle, Resident —South Texas Additions and Deletions Report for AM Document A1337" —2009 Exhibit A. Copyright © 1991 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAa Document is protected by U.S. Copyright Law and international Treaties.. Unauthorized reproduction or 2 distribution of this AA" Document, ors any portion of it, may result in severe civil and criminal penalties; and will be prosecuted to the maximum f' extent possible under the law. This document was produced by AIA software at 11:41:00 on 10/1512015 under Order No.7744502623_l which expires on 12120/2015, and to not for resale. User Notes: (1128550745) Certification of Document's Authenticity A/A° Document D401 TM — 2003 I, Tony Battle, hereby certify, to the best of my knowledge, inforloation and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:41:00 on 10/15/2015 under Order No. 7744502623_1 from AIA. Contract Documents software and that in preparing the attached final document I made no changes to the: original text of AIA' Document Al33TM — 2009 Exhibit A. Guaranteed Maximum Price Amendment, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. .(Signed -- Tan!' Battle, Presklent — South Texas T.S. Byrne MsnWNK Inc., Gainerall Partner (Dated) AIA Document D401 T° — 2003.: Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING This AIA- Document is protected by U.B; Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion ofit,. .� Inay result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by I AIA software at 11:41:00 on 10/15/2015 under Order No.7744502023 1 which expires on 12/2012015. and is not for resale. User Notes: (1128550745) , Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: October 20, 2015 . Department: Fire Department Subject: Resolution No. 15 -R -91— Interlocal Agreement with the City of Frisco, TX regarding uniform purchases and other associated items I I Ato Key Z11111ZI Currently the Fire Department orders uniforms annually through a variety of vendors, depending upon the costs of the items. The process is time consuming and the department would prefer a more streamlined approach. The Frisco Interlocal Agreement allows 35 different cities to cooperatively purchase uniforms, thereby reducing the cost per item. The Interlocal Agreement can be used by Fire, Police, and EMS. Goal Authorize City Manager to execute the Interlocal agreement with the City of Frisco. Benefit This agreement will reduce our cost for uniform items as well as streamline the ordering process. This will increase turnaround time enabling personnel to receive uniforms in a faster and more efficient manner. In addition, the agreement also will include police and EMS uniform items. 1�.Yi • ' Items included in this agreement are already routinely ordered. They are not additional items. Therefore, this agreement will not result in any additional fiscal impact to the city. RECOMMENDATION Approval of Resolution 1.5 -R -91 ATTACHMENT(S) Resolution 15 -R -91 Interlocal Agreement RESOLUTION NO. 15 -R -91 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF FRISCO REGARDING UNIFORM PURCHASES AND OTHER ASSOCIATED ITEMS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an Interlocal Agreement for the purchase of goods and services, which is a recognized governmental function; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into this contract with the City of Frisco pursuant to the Interlocal Agreement for Uniform and other Associated Items services 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 City of Frisco 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. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor City Secretary, Brenda Dennis (CITY SEAL) This Interlocal Agreement ( "Agreement ") is made and entered into this day of , 2015, by and between the CITY OF FRISCO, Texas (hereinafter called "FRISCO "), and the CITY OF SCHERTZ, Texas (hereinafter called "SCHERTZ "), each acting by and through its duly authorized officials: WHEREAS, FRISCO and SCHERTZ are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, FRISCO and SCHERTZ wish to enter into this Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act ") to set forth the terms and conditions upon which FRISCO and SCHERTZ may purchase various goods and services commonly utilized by each party; WHEREAS, participation in an interlocal agreement will be highly beneficial to the taxpayers of FRISCO and SCHERTZ through the anticipated savings to be realized and is of mutual concern to the contracting parties; WHEREAS, FRISCO and SCHERTZ have current funds available to satisfy any fees owed pursuant to this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein; FRISCO and SCHERTZ agree as follows: 1. FRISCO and SCHERTZ may cooperate in the purchase of various goods and services commonly utilized by the participants, where available and applicable, and may purchase goods and services from vendors under present and future contracts. 2. FRISCO and SCHERTZ shall each be individually responsible for payments directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such contracts. FRISCO and SCHERTZ shall each make their respective payments from current revenues available to the paying party. 3. Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by any party upon thirty (30) days written notice to the other participating party(ies). 4. The undersigned officer and /or agents of the party(ies) hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto. 5. This Agreement may be executed separately by the participating entities, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 50506221.1 - 3 - 6. This Agreement shall become effective on the day and year first written above (the "Effective Date "). The primary term of this Agreement shall be for one (1) year, commencing on the Effective Date and terminating on October 13, 2016, and shall thereafter automatically renew for successive one -year terms, unless terminated according to the terms set forth in Paragraph 3. 7. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, in any way arising out of, related to, or resulting from its performance under this agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing this agreement. 8. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. 9. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. 10. This Agreement embodies the entire agreement between the parties and may only be modified in writing executed by both parties. 11.This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. 12. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied other that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. 13. The declarations, determinations and findings declared, made and found in the preamble to this Agreement are hereby adopted, restated and made part of the operative provisions hereof. EXECUTED hereto on the day and year first above written. CITY OF FRISCO George Purefoy City Manager STATE OF TEXAS § COUNTY OF COLLIN § CITY OF SCHERTZ John Kessel City Manager This instrument was acknowledged before me on the day of 12015, by George Purefoy, City Manager of the CITY OF FRISCO, TEXAS, a home -rule municipal corporation, on behalf of such corporation. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the day of , 2015, by John Kessel, City Manager of the CITY OF SCHERTZ, TEXAS, a home -rule municipal corporation, on behalf of such corporation. Notary Public in and for the State of Texas 50506221.1 - S - Requested Workshop Discussion on Pool Bond Language (included in the October 20, 2015 packet) At the September 15, 2015 meeting Councilmember Azzoz requested an update on the pool and related bond issue. He has been getting calls from residents lately wanting to know why the city is building two pools instead of just one. He wants the City Attorney to give us an answer on the record — to define the bond issue from one pool to two pools. He requested this be on the next meeting's agenda. Staff contacted Katherine Tapley with Norton Rose Fulbright, whose firm serves as the City's Bond Counsel about attending the meeting. She is out of town and could not attend a Council meeting until October 27, 2015 meeting but provided a letter in an effort to answer the question. (attached) October 14, 2015 Attorney Work Product Attorney - Client Privilege Via E -Mail Mr. Brian James Executive Director City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 A NORTON ROSE FULBRIGHT Norton Rose Fulbright US LLP 300 Convent Street, Suite 2100 Son Antonio, Texas 78205 -3792 United States W. Jeffrey Kuhn Partner Direct line +1210 270 7131 w.jefrrey.kuhn@nortonmsefulbright.com Tel +1210 224 5575 Fax +1210 270 7205 nortonrosefulbright.com FINAL Re: City of Schertz, Texas — 2010 Bond Election Legal Analysis Dear Mr. James: The City Manager of the City of Schertz, Texas (the "City ") has requested our Firm's legal opinion, as the City's bond counsel, concerning the legal interpretation of the permissible scope of certain capital improvement projects approved by the City's qualified voters in Proposition No. 1 ( "Proposition No. 1") pursuant to a bond election ordinance adopted by the City Council on August 10, 2010 and approved at the November 2, 2010 bond election. A copy of this bond election ordinance is attached as Exhibit A hereto and is incorporated by reference for all purposes. The representatives of the City have also confirmed to us that no other "official action" has been taken by the City Council to further define or explain the intention of Proposition No. 1. Issue Presented Does the voter - approved Proposition No. 1 language (set forth below) permit the City Council to utilize the bond funds approved by Proposition No. 1 for the construction of "multiple bodies of water" to be located within one enclosed aquatic facility? Factual Backoro,. and On November 2, 2010, the qualified voters in the City approved Proposition No. 1, which authorized "the issuance of $6,625,000 of the City of Schertz, Texas General Obligation Bonds for designing, constructing, and equipping a new enclosed community swimming pool and aquatic facility of competition quality, relocating, constructing, and improving the existing Schertz playscape in connection with the new swimming pool and aquatic center, and the acquisition of any necessary real property therefor." The City is in the process of approving a construction contract to construct (1) an enclosed community swimming pool and aquatic facility of competition quality (the "Swimming Pool and Aquatic Facility ") and (2) an indoor recreation pool (the "Recreation Pool "), which will all be located in the same structure and under the same roof that is adjacent to the current City of Norton Rose Fulbright US LLP is a limited liability partnership registered under the laws of Texas. 82366010.3 Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP and Norton Rose Fulbright South Africa Inc are separate legal entities and all of them are members of Norton Rose Fulbright Verein, a Swiss verein. Norton Rose Fulbright Vereln helps coordinate the activities of the members but does not Itself provide legal services to clients. Details of each entity, with certain regulatory Information. are available at nortonrosefulbright.com. Mr. Brian James October 14, 2015 Page 2 NORTON ROSE FULBRIGHT Schertz Recreation Center operated by the YMCA, located at 621 Westchester Drive, Schertz, Texas. The City intends to also outsource the management of this new facility and the pools to the YMCA. The project will be funded through collaborative efforts among the City of Schertz, the Schertz- Cibolo- Universal City Independent School District ( "SCUCISD "), and the YMCA. A portion of the funds will come from bond proceeds from the Proposition No. 1 bonds that were sold by the City pursuant to an ordinance adopted by the City Council on August 28, 2012 (the "2012 Bond Proceeds "). In addition, SCUCISD has agreed to provide the City with a $1,625,000 grant to be used towards this project. Finally, the City will issue an additional $2,000,000 in "taxable" debt for this project, and the YMCA will pay the City $100,000 per year for the next twenty years, for a total contribution of $2,000,000, to be used towards paying the debt service requirements on this "new ", and yet to be issued, $2,000,000 in City "taxable" debt. An interlocal agreement between SCUCISD and the City will govern SCUCISD's grant of funds to the City for this project. In exchange for SCUCISD giving the City $1,625,000 to be used by the City for this project, SCUCISD will receive, for a period of 15 years, the ability to use 8 lanes of the Swimming Pool and Aquatic Facility from 5:30 a.m. to 9:30 a.m. Monday through Friday from August 1 through the end of the school year. During the 15 year period, SCUCISD will be permitted to hold three swim meets per each school year at the Swimming Pool and Aquatic Facility. Further, SCUCISD will have exclusive use of at least 120 lockers at the facility. Finally, the City has agreed to build the Swimming Pool and Aquatic Facility to satisfy at least the minimum requirements of a USA Swimming 2014 Rulebook Article 103 facility, and the facility will include starting blocks, an electronic timing system, and a scoreboard. An issue has been raised by at least one City Councilmember questioning the use of the 2012 Bond Proceeds to make improvements to the Recreation Pool. We have also been advised by City representatives that, while a credible legal argument could be made that the Proposition No. 1 bond proceeds could be used to construct both the Swimming Pool and Aquatic Facility and the Recreation Pool, the City is planning on proceeding in a conservative manner, out of deference to voter trust and loyalty and their expectations and with respect to any potential contract with voters, to expend Proposition No. 1 bond proceeds primarily on the Swimming Pool and Aquatic Facility. As such, the City will utilize existing City funds, the SCUCISD grant, and the proceeds from the $2,000,000 additional City "taxable" debt issuance to "oversize" certain infrastructure related to the Swimming Pool and Aquatic Facility and to construct and equip the entire Recreation Pool. A portion of the proceeds from the $2,000,000 additional City "taxable" debt issuance may also be expended on the Swimming Pool and Aquatic Facility. Legal Opinion Based upon the foregoing factual representations and upon our independent review of the 2010 bond election documentation and other applicable law, we are of the legal opinion that the City Council has the legal ability to authorize the construction manager at risk contract on October 20, 2015 to construct the Swimming Pool and Aquatic Facility and the Recreation Pool utilizing the funding sources identified above. In addition, we do not believe that Proposition No. 1 legally required the City to build multiple bodies of water nor prohibited the City from building the multiple bodies of water that are currently contemplated. Lastly, we have not reviewed and 82366010.3 Mr. Brian James October 14, 2015 Page 3 A NORTON ROSE FULBRIGHT provide no legal advice or guidance concerning this construction contract or its procurement methodology. Apalicable Law A. Election Ordinances and Additional Representations It is well- settled that a bond election ordinance authorized by a governing body and successfully voted by the public becomes a contract with the voters of the jurisdiction, who "are entitled to receive substantially all of the benefits and security of that contract ". ' An attempt to substantially alter the rights and expectations of voters violates Article I, section 16 of the Texas Constitution, which prohibits "any law impairing the obligation of contracts ".2 There is a split of authority as to whether additional representations made outside the context of the formal adoption of an ordinance are incorporated into the "contract with the voters" (as Texas appellate courts are in disagreement over this issue). L Exclusion of Extraneous Representations Outside of Authorizing Ordinances Several courts recognize that, as a general rule, contracts made by political subdivisions of the State of Texas are only binding and valid when adopted at a formal meeting.3 In Taxpayers for Sensible Prlorrties v. City of Dallas,4 the court considered whether an informational pamphlet, containing a summary of each proposition to be voted upon, imposed binding obligations on the city.5 The court rejected the notion that material in external publications can rise to a contract violation, reasoning that a governing body may only act and create obligations as a body corporate at a properly called meeting.$ The court analyzed the representations made ;by city staff in a publication and noted they failed to incorporate the governing body's mutual consultation, judgment, and most importantly, approval through "a formal vote of those elected to protect" citizens' interest.' Therefore, the court held the city was not bound by the pamphlet's representations.$ Similarly, in City of San Antonio v. Headwaters Coalition,e the court concluded an informational guide and the ballot language were not the proper authorities to construe the plain meaning of a bond ordinance 1° and therefore examined only the bond election ordinance to determine ' Tex. Att'y Gen. Op. JC -0400 (2001), at 5. Cf. Black v. Strength (112 Tex. 188, 246 S.W. 79; 1922), Hudson et al v. San Antonio Independent School District (127 Tex. 517, 95 S.W.2d 673; 1936) and Tex. Att'y Gen. Op. No. 98 -060 (1998). 2 Tex. Const. art I, § XVI; see San Saba Cnty. v. McCraw, 108 S.W.2d 200, 203 (Tex. 1937). 3 Taxpayers for Sensible Priorities v. City of Dallas, 79 S.W.3d 670, 675 (Tex. App. — Dallas 2002, pet. denied); Davis v. Duncanville Ind Sch. Dist, 701 S.W.2d 15, 17 (Tex. App. — Dallas 1985, writ dism'd w.o.j.); Devorsky v. La Vega Ind Sch. Dist., 635 S.W.2d 904 (Tex. App. Waco 1982, no writ); accord Webster v. Tex. & Pac. Motor Transp. Co., 166 S.W.2d 75, 77 (1942). 4 79 S.W.3d 670 (Tex. App. -- Dallas 2002, pet. denied). 5 Id at 673. s Id at 675. 7 Id. at 675 -76. a Id. at 675. 381 S.W.3d 543 (Tex. App. —San Antonio 2012, pet. denied). '° Id. at 552. 82366010.3 Mr. Brian James October 14, 2015 Page 4 NORTON ROSE FULBRIGHT whether a violation of the contract with the voters occurred." The Court of Appeals for the Thirteenth District of Texas relied on both Headwaters and Taxpayers for Sensible Priorities when considering the proper evidence to analyze in a bond proposition dispute.12 Because the ordinance in question failed to incorporate earlier maps or plans, the court was "constrained by existing law from considering extraneous documents and representations ", thus examining only the bond election ordinance to determine a violation did not occur." ii. Representations Incorporated into the Contract with the Voters Other appellate courts reached the opposite conclusion regarding representations made to voters in the election process. For example, in Inverness Forest Improvement District v. Hardy Street Investors, 14 the district's directors issued a letter to all district property owners, signed by the entire board, stating specific improvements to be made from bond proceeds.' The election order recited that future district improvements were on file in the district office, where a copy of the letter was located.10 Because the voters of the district "authorized such bonds to be issued in reliance on the plan of improvements and the directors' letter representing that certain improvements would be made ", the directors could not later repudiate the promised construction discussed in the letter." Furthermore, in Devorsky v. La Vega Independent School District, 18 the board of trustees approved an order with general terms and at a later date, but prior to the bond election date, officials publically expressed specific sites for school construction.l9 The appellant alleged, and the court agreed, that voters relied on these material representations and were induced to vote in favor of the bond proposition .20 When the originally represented site was abandoned for another location, the voters had a cause of action to enjoin the diversion of the bond proceeds.21 The Court stated: Although it is a general rule, relied upon by appellees, that a contract or agreement made by a public agency like appellee school district is valid and binding only when adopted by a resolution or order at a meeting of the governing body and entered in its minutes, we have found no authority expressly holding that a statement to the voters designating a particular site to be purchased with the proceeds of a bond issue, made by a governing body with the power of site selection, under the circumstances and for the deliberate purpose and the effect alleged here by appellant, must be adopted at a meeting entered in the minutes 11 Id. 12 Ex pane The City of Corpus Christi, 13 -11- 00790 -CV (Tex. App.— Corpus Christi, 2013). 13 Id. at 10. 14 541 S.W.2d 454 (Tex. Civ. App.— Houston [1st Dist.] 1976, writ refd n.r.e.). 15 Id at 459. 161d. at 460. 17 id. 18 635 S.W.2d 904 (Tex. App. Waco 1982, no writ). 19 id at 908. 20 id. 27 A at 909. 82366010.3 Mr. Brian James October 14, 2015 Page 5 NORTON ROSE FULBRIGHT of the governing body before it can officially become and be relied upon by the voters as part of the proposition submitted in the bond proposal.22 B. Standard of Review "Unless a gross abuse of" discretion by the City Council is demonstrated, a court "is not in the position to disturb the honest discretion so exercised, for, to do so would be assuming to act as [Councilmembers] in lieu of the duly qualified and elected officers selected by the voters to represent them in that capacity. "23 An "abuse of discretion" amounts to "failure to exercise sound, reasonable, and legal decision- making" where such decision is "unsupported by the evidence ".Za Here, rebutting an abuse of discretion accusation, the City Council is conservatively considering spending Proposition No. 1 bond proceeds primarily on the Swimming Pool and Aquatic Facility and not on the Recreation Pool. If the City Council can point to a body of evidence as a sound basis for their decision - making and subsequent exercise of discretion, a court would likely not disturb their decision because such judgment is "recognized to be essential to be left free and untrammeled in order that the officers thus selected may discharge according to ... the duties of the office held by them ".2' Disclaimer This opinion letter is delivered as of the date hereof and is based on the facts and circumstances existing as of such date and upon the current state of law. It is possible that future changes or developments of facts, circumstances, or the law of the State of Texas or the United States federal law could alter or affect such opinions, and we undertake no obligation to update or supplement any opinion included herein. Our opinions are limited to matters governed by the laws of the United States and the State of Texas. We assume no responsibility with respect to the applicability or the effect of the laws of any other jurisdiction. We call your attention to the fact that our opinions herein are an expression of professional judgment and not a guarantee of a result. The outcome of litigation cannot be predicted with certainty. We note that a court's decision regarding matters upon which we opine herein will be based upon such court's own analysis and interpretation of the factual evidence before it and of applicable legal principles, equitable principles, or considerations of public policy. Thus, a different conclusion could be reached and would not necessarily constitute reversible error. Consequently, this opinion letter is not a prediction of what a particular court (including any appellate court) reaching the issues on the merits would hold, but instead is our opinion as to the proper result to be reached by a court applying existing legal rules as to the facts as properly found (and consistent with the assumption set forth herein) after appropriate briefing and argument. The opinions contained herein are given as of the date hereof, and we disclaim any obligation to apprise the City of any change in facts, circumstances, or law after the date hereof. This 22 !d 23 !d 24 BLACK'S LAw DicTioNARY 12 (10th ed. 2014). Tex. Att , y Gen. LO -92 -71 (1992), at 5. 82366010.3 Mr. Brian James NORTON ROSE FULBRIGHT October 14, 2015 Page 6 opinion letter may not be furnished to, or relied upon by, any other person without our prior written consent. After you have reviewed this opinion, please do not hesitate to contact me, if we need to discuss this matter further. Very truly yours, W. Jeffrey Kuhn WJKljcq cc: Mr. John Kessel (City of 5chertz, Texas) Mr. Charles Zech (Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C.) Mr. Clay Binford (Firm) Ms. Katherine Tapley (Firm) 82366010:3 } 82366010.3 f EXHIBIT A 2010 BOND ELECTION ORDINANCE A -1 1 i CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS § § COUNTIES OF BEXAR, COMAL, AND § GUADALUPE § CITY OF SCHERTZ § THE UNDERSIGNED HEREBY CERTIFIES that: 1. On the I& day of August, 2010, the City Council (the Council} of the City of Schertz, Texas (the Issuer) convened in regular session in the regular meeting place of the City at the. City Hall (the Meeting), the duly constituted members of the Council being as follows: Harold Baldwin Mayor John Trayhan Mayor Pro Tem, Place 3 David Scagliola Councilmember, Place 1 Jim Fowler Councilmember, Place 2 Cedric Edwards, Sr. Councilmember, Place 4 Michael Carpenter Councilmember, Place 5 and all of�such persons were present at the Meeting, except the following: thus constituting a quorum. Among other business considered at the Meeting, the attached Ordinance (the Ordinance) entitled: AN ORDINANCE CALLING A BOND ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS; MAKING PROVISION FOR THE CONDUCT OF A JOINT ELECTION; AND RESOLVING OTHER MATTERS INCIDENT AND- RELATED TO SUCH ELECTION was introduced and submitted to the Council for passage and adoption_ RHo es Cation and discussion of the Ordinance, a motion was made by Councilmember that the Ordinance be finally passed and adopted in acco ce with the City' Rule C harter. The motion was seconded by Councilmember and carried by the following vote: voted "For" voted "Againsf' 0 bstained a all as shown in the official Minutes of the Council for the Meeting. 2. The attached Ordinance is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the Council on the date of the Meeting are those persons shown above, and, according to the records of my office, each member of the Council was given actual notice of the time, place, and purpose of the Meeting 76581430.1 and had actual notice that the Ordinance would be considered; and the Meeting and deliberation of the aforesaid public business, including the subject of the Ordinance, was posted and given in advance thereof in compliance with the provisions of Chapter 551, as amended, Texas Government Code. IN WITNESS WHEREOF, I have signed my name officially and affixed the seal of the City, this I e day of August, 2010. i I s (CITY SEAL) -2- 76581430.1 ORDINANCE NO. 10-&21 AN ORDINANCE CALLING A BOND ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS; MAKING PROVISION FOR THE CONDUCT OF A JOINT ELECTION; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION WHEREAS, the City Council (the Council) of the CITY OF SCHERTZ, TEXAS (the City), located in Bexar County, Comal County, and Guadalupe County, Texas (each, a County and collectively, the Counties), hereby finds and determines that an election should be held to determine whether the Council shall be authorized to issue general obligation bonds of the City in the amounts and for the purposes hereinafter identified (the Election); and WHEREAS, the City will contract with the Elections Administrator (the Elections Administrator) of Guadalupe County, Texas (Guadalupe County) to conduct certain aspects of the Election; and WHEREAS, the Election will be held jointly with Guadalupe County, and possibly other political subdivisions (such other political subdivisions, collectively, the Far delpants), as provided pursuant to the provisions of one or more joint election agreements between the City, Guadalupe County, and the Participants (if any), entered into in accordance with the provisions of Section 271.002, as amended, Texas Election Code; and WHEREAS, the Council hereby finds and determines that it is in the best interests of the City to enter into an election agreement with Guadalupe County and the Participants to conduct certain aspects of the Election in accordance with the laws of the State of Texas (the State) and applicable federal laws; and WHEREAS, the Council hereby finds and determines that the necessity to construct various capital improvements within the City necessitates that it is in the public interest to call and hold the Election at the earliest possible date to authorize the issuance of general obligation bonds for the purposes hereinafter identified; and "WHEREAS, the Council hereby finds and determines that the actions hereinbefore described are in the best interests of the qualified voters of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. The Election shall be held on the 2nd day of November, 2010, a uniform election date, in the CITY OF SCHERTZ, TEXAS, which date is not less than seventy (70) days nor more than ninety (90) days after the date of the adoption of this ordinance (this Ordinance), for the purpose of submitting the following propositions to the qualified voters of the City: PROPOSITION NO.1 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of $6,625,000 for the purpose of making permanent public improvements, or for other public purposes, to wit: designing, constructing, and equipping a new enclosed community swimming pool and aquatic facility of competition quality, relocating, constructing, and 76581360.2 improving the existing Schertz Playscape in connection with the new swimming pool and aquatic facility, and acquiring any necessary real property therefor, such bonds to mature serially or otherwise in accordance with law; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and the cost of any credit agreements executed in connection with the bonds ?" PROPOSITION NO.2 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of $6,000,004 for the purpose of making permanent public improvements, or for other public purposes, to wit: designing, constructing, and equipping new athletic and recreational sports f elds and related parking and restroom and concession facilities at the existing Schertz Ballpark and Maske Road Soccer Complex, such bonds to mature serially or otherwise in accordance with law; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the annual interest and provide a sinking fiend to pay the bonds at maturity and the cost of any credit agreements executed in connection with the bonds?' PROPOSITION NO.3 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of $2,250,000 for the purpose of making permanent public improvements, or for other public purposes, to wit: designing, constructing, reconfiguring, demolishing, renovating, and equipping the existing Schertz Animal* Services Facility, designing, constructing, and equipping a new animal adoption space, a new animal vaccination facility, and a dog parr and acquiring any necessary real property therefor, such bonds to mature serially or otherwise in accordance with law,-* and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the annual interest and provide a sinking fiord to pay the bonds at maturity and the cost of any credit agreements executed in connection with the bonds ?" 76581360.2 -2- PROPOSITION NO.4 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of $1,000,000 for the purpose of making permanent public improvements, or for other public purposes, to wit: designing, constructing, reconfiguring, demolishing, renovating, and equipping revitalization and beautification improvements to downtown City of Schertz in the area of FM 78 and Main Street (with a priority given to constructing features welcoming persons to the City, including but not limited to decorative pavings, crosswalks, curbing and decorative poles, utilities relocation, lighting, bollards, bike racks, trash receptacles, benches, sidewalk and trail improvements, fences, and landscaping) and acquiring any necessary real property therefor, such bonds to mature serially or otherwise in accordance with law; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds, and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and the cost of any credit agreements executed in connection with the bonds7" PROPOSI'T'ION NO. 5 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of $1,450,000 for the purpose of making permanent public improvements, or for other public purposes, to wit: designing, constructing, and equipping a community fine arts and history center and acquiring any necessary real property therefor, such bonds to mature serially or otherwise in accordance with law; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds_; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and the cost of any credit agreements executed in connection with the bonds ?" PROPOSITION NO.6 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of $5,100,000 for the purpose of making permanent public improvements, or for other public purposes, to wit: designing, constructing, and equipping a new community open air event facility and acquiring any necessary real property therefor, such bonds to mature serially or otherwise in accordance with law; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council of the City be authorized to levy and pledge, and 76581360.2 -3- cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and the cost of any credit agreements executed in connection with the bonds ?" As provided by Sections 42.0621 and 43.004, as amended, Texas Election Code, for an election held on the November uniform election date, the City shall designate as the polling places for the Election the regular County polling places in the County election precincts that contain territory from the City. A list of the City election precincts, the County election precincts, and the polling places designated for each such election precinct are identified on Exhibit A to this Ordinance, and this Exhibit is incorporated by reference for all purposes. At least 73 days prior to the Election, the City Manager of the City, in coordination with the Elections Administrator, as necessary or desirable, will identify and formally approve the appointment of the Presiding Judge, Alternate Presiding Judges, Election Clerks, and all other election officials for the Election, together with any other necessary changes to Election practices and procedures, and can correct, modify, or change the Exhibits to this Ordinance based upon the final location and times agreed upon by the Elections Administrator.and the City. Each Presiding Judge shall appoint not less than two (2) resident qualified voters of the City or Guadalupe County, as appropriate, to act as clerks to properly conduct the election, However, if the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. The appointment of such clerks may include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on the day of the election. In the absence of the Presiding Judge named above, the Alternate Presiding Judge shall perform the duties of the Presiding Judge. On the day of the Election, the polls shall be open as designated on Exhibit A. The main early voting location is designated in xhi ' B to this Ordinance (which is incorporated herein by reference for all purposes). The individual named as the Early Voting Clerk as designated in Exhibit B is hereby appointed as the Early Voting Clerk to conduct such early voting in the Election. The Early Voting Clerk shall appoint the Deputy Early Voting Clerks. This office or place shall remain open to permit early voting on the days and at the times as stated in Exhibit B. Early voting shall commence as provided on Exhibit B and continue through the date set forth on Exhibit B. all as provided by the provisions of the Texas Election Code, as amended. Additionally, permanent and temporary branch offices for early voting by personal appearance shall be established and maintained in accordance with the Texas Election Code. The locations, dates, and hours of operation for early voting at these offices (being permanent and/or temporary branch offices) shall be determined by the Elections Administrator, as identified in Exhibit ibi B . An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. The individual designated in Exhibi as the Presiding Judge of the Early Voting Ballot Board is hereby appointed the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two (2) resident qualified voters of Guadalupe County to serve as members of the Early Voting Ballot Board. SECTION 2. Pursuant to Section 61.412, as amended, Texas Election Code, the City shall provide at least one accessible voting system in each polling place used in the Election. Such voting system shall comply with Texas and federal laws establishing the requirement for voting systems that permit voters with physical disabilities to cast a secret ballot. Paper ballots, touch screen voting 765913602 -4- machines, and/or such other legally- permissible voting method may be used for early voting and Election day voting by personal appearance. Certain early voting may be conducted by mail. SECTION 3. The City shall also utilize a Central Counting Station (the "Station '} as provided by Section 127.001, et seq., as amended, Texas Election Code, as amended. The Elections Administrator, or her designee, is hereby appointed as the Manager and Presiding Judge of the Station and may appoint Station clerks and establish a written plan for the orderly operation of the Station in accordance with the provisions of the Texas Election Code, as amended. The Council hereby appoints the Elections Administrator, or her designees), as the Tabulation Supervisor and Elections Administrator and as the Programmer for the Station. Lastly, the Elections Administrator will publish notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks for the Station in accordance with the provisions of the Texas Election Code. SECTION 4. The official ballots shall be prepared in accordance with the Texas Election Code, as amended, so as to permit voters to vote "FOR' or "AGAINST" the aforesaid propositions which shall appear on the ballot substantially as follows: PROPOSITION NO. 1 "THE ISSUANCE OF $6,6259000 OF THE CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR DESIGNING, CONSTRUCTING, AND EQUIPPING A NEW ENCLOSED COMMUNITY SWl?y%Q 1G POOL AND AQUATIC FACILITY OF COMPETITION QUALITY, RELOCATING, CONSTRUCTING, AND IMPROVING THE EXISTING SCHERTZ PLAYSCAPE IN CONNECTION WITH THE NEW SWIMMING POOL AND AQUATIC CENTER, AND THE ACQUISITION OF ANY NECESSARY REAL PROPERTY THEREFOR ", PROPOSITION NO.2 "THE ISSUANCE OF $63,00000 OF THE CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR DESIGNING, CONSTRUCTING, AND EQUIPPING NEW ATHLETIC AND RECREATIONAL SPORTS FIELDS AND RELATED PARKING AND RESTROOM AND CONCESSION FACILITIES AT THE EXISTING SCHERTZ BALLPARK AND MASKE ROAD SOCCER COMPLEX ". PROPOSITION NO.3 "THE ISSUANCE OF $292509000 OF THE CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR DESIGNING, CONSTRUCTING, RECONFIGURING, DEMOLISHING, RENOVATING, .AND EQUIPPING THE EXISTING SCIIERTZ ANIMAL SERVICES FACILITY, DESIGNING, CONSTRUCTING, AND EQUIPPING A NEW ANIMAL ADOPTION SPACE, A NEW ANIMAL VACCINATION FACILITY, AND A DOG PARK, AND THE ACQUISITION OF ANY NECESSARY REAL PROPERTY THEREFOR ". PROPOSITION NO.4 "THE ISSUANCE OF $190003,000 OF THE CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR DESIGNING, CONSTRUCTING, RECONFIGURING, DEMOLISHING, RENOVATING, AND EQUIPPING REVITALIZATION AND BEAUTIFICATION IMPROVEMENTS TO DOWNTOWN CITY OF SCHERTZ IN 765813602 -5- THE AREA OF FM 78 AND MAIN STREET (WITH A PRIORITY GIVEN TO CONSTRUCTING FEATURES WELCOMING PERSONS TO THE CITY, INCLUDING BUT NOT LIMITED TO DECORATIVE PAVINGS, CROSSWALKS, CURBING AND DECORATIVE POLES, UTILITIES RELOCATION, LIGHTING, BOLLARDS, BIKE RACKS, TRASH RECEPTACLES, BENCHES, SIDEWALK AND TRAIL IMPROVEMENTS, FENCES, AND LANDSCAPING, AND THE ACQUISITION OF ANY NECESSARY REAL PROPERTY THEREFOR". PROPOSITION NO.5 "THE ISSUANCE OF $11,450,000 OF CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR DESIGNING, CONSTRUCTING, AND EQUIPPING A COMMUNITY FINE ARTS AND HISTORY CENTER AND THE ACQUISITION OF ANY NECESSARY REAL PROPERTY THEREFOR ". PROPOSITION NO.6 "THE ISSUANCE OF $5,100,000 OF TB E CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR DESIGNING, CONSTRUCTING, AND EQUIPPING A NEW COMMUNITY OPEN AIR EVENT FACILITY AND THE ACQUISITION OF ANY NECESSARY REAL PROPERTY THEREFOR". SECTION 5. All resident qualified voters of the City shall be permitted to vote at the Election, and on the day of the Election, such voters shall vote at the designated polling places. The Election shall be held and conducted in accordance with the provisions of the Texas Election Code, as amended, Chapter 1251, as amended, Texas Government Code, and as may be required by any other law. All materials and proceedings relating to the Election shall be printed in both English and Spanish. SECTION 6. A substantial copy of this Ordinance shall serve as a proper notice of the Election. This notice, including a Spanish translation thereog shall be posted at three (3) public places within the City and at the City Hall not less than twenty -one (21) days prior to the day of the Election, and be published on the same day in each of two (2) successive weeks in a newspaper of general circulation in the City, the first of these publications to appear in such newspaper not more than thirty (30) days, and not less than fourteen (14) full days prior to the day of the Election. SECTION 7. The Council authorizes the City Manager, or his designee, to negotiate and enter into a joint election agreement or other agreements with Guadalupe County, through the Elections Administrator, and the Participants, if any, in accordance with the provisions of the Texas Election Code, as amended, and to make such technical modifications to this Ordinance that are necessary for compliance with applicable Texas or federal law or to carry out the intent of the Council, as evidenced herein. SECTION S. 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 9. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 10. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 76581360.2 -6- SECTION 11. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Ordinance would have been enacted without such invalid provision. SEC'T'ION 12. 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 13. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption. PASSED AND APPROVED on the 10th day of August, 2010. CITY OF SCHER. EXAS Mayor AT'T'EST; ���� ►1►•.. !JAM G 76581360.2 .7 E�I'F A ELECTION PRECINCT AND ELECTION DAY POLLING LOCATIONS Election Day: November 2, 2010 Election Day Polling Locations open from 7 :00 am. to 7:00 p.m. Presiding Judge: Alternate Presiding Judge: 76581360.2 A -1 Guadalupe Bexar Comal City County County County Election Election Election Election Precincts Precincts PmWincts Precincts Polling Places 1 301 * ** * ** Knights of Columbus Hall, 509 Schertz Pkwy., Schertz 2 302 * ** * ** Cibolo City Hall, 200 S. Main St., Cibolo 3 303 * ** * ** Schertz Elections Office, 1101 Elbel Rd., Schertz 4 304 * ** * ** Schertz Community Center, 1400 Schertz Parkway, Schertz S 305 * ** * ** Schertz Baptist Church, 600 Aero, Schertz 6 306 Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkwy., Cibolo 7 307 ** * * ** Schertz Community Center North (formerly Northcliffe Fire Station), 3501 Morning Dr., Schertz 8 308 * ** * ** Schertz United Methodist Church, 3460 Roy Richard Dr., Scherm 9 401 * ** * ** Santa Clara City Hall, 1653 N. Santa Clara Rd., Santa Clara 10 * ** 4087, 4183, * ** Judson Middle School, 9695 Schaefer, San 4126 Antonio 11 ** * 4127 * ** Converse Economic Development Center, 601 S. Seguin, Converse 12 * ** * ** 202 John Paul H Catholic High School, 6720 FM 482, New Braunfels 13 * ** * ** 205 Jay F. Feibelman Garden Ridge Community Center, 21340 FM 3009, Garden Ridge 76581360.2 A -1 EXHIBIT B NOVEMBER 29 2010 (2 DE NOVIRMBRE 2010) GENERAL AND SPECIAL ELECTIONS (ELECCIONES GENERAL YESPECUL) LOCATIONS OF EARLY POLLING PLACES (LA VOTACIONADELANTADA EN PERSONA Sts LLEVARA A CABO EM Seguin 13 Adions Of ce Monday, Oct. 18, 2010 thru Lewes, 18 de Oct., 2010 haste of 215 S. Milam St. Friday, Oct. 22, 2010 Yemen; 22 de Oct., 2010 Seguin, TX 78155 8:00 a.m. to 5:00 P.M. de 8:00 de la manana a lax 5:00 de la garde S,aturday. Oct. 23, 2010 Sabada, 23 de Oct.. 2010 10.00 a.m. to 4:00 p.m. de 10.00 de la manana a las 4:00 de la garde Monday. Oct. 25, 2010 thru Lunes, 25 de Oct., 2010 bade of Friday, Od. 29, 2010 Wemes, 29 de Oct., 2010 7:00 a.m. to 7:00 p.m. de 7:00 de to manna a lss 7:00 de to farde Schutz Etecd Office Monday, Od.18, 2010 thru Luna% 18 de Oct, 2010 haste at 1101 Blbel Rd. Friday, Oct. 22, 2010 Vlemes, 22 de Oct., 2010 Schatz, TX 8:00 a.m. to 5:00 P.M. de 8:00 de to nmens a las 5 :00 de Is tarde Saturday, Oct. 23, 2010 Sabado, 23 de Oct„ 2010 10:00 a.m. to 4:00 p.m. de 10.00 de la manna alas 4: 00 de la garde Monday, Oct. 25, 2010 thru Lunes, 25 de Oct., 2010 haste at Friday, Oct. 29, 2010 Vlemes, 29 de Oct., 2010 7:00 a.m. to 7 :00 p.m. de 7:00 de Is manane a las 7:00 de to tarde St. Jos h'p s Mission Monday, Oct. 18, 2010 [.ones, 18 de Oct., 2010 haste el 5093 Redwood Rd. 8:00 a.m. to 5:00 P.M. de 8:00 de to monana a las 5 :00 de Is We San Marcos, TX Monday, Oct. 25,200 Lunes, 25 de Oct., 2010 hosts el 7 :00 a.m. to 7 :00 p.m. de 7:00 de Is monana a las 7:00 de to fordo Kinds ury t=ire Station Tuesday, Oct. 19, 2010 Mades,19 de Oct, 2010 1060 FM 1104 8:00 ax to 5:00 P.M. de 600 de le mansaa a fee &00 de la fordo Kingsbury, TX may(, Oct. 23, 2010 Labe 23 de Oct.., 2010 10:00 a.m. to 4 :00 p.m. de 10:00 de is manone a las 4:00 de to We Tuesday, Oct 28, 2010 Mertes, 26 de Oct, 2010 7:00 a.m. to 7:00 p.m. de 7.00 de Is monana a las 7:00 de la torde Forest Hills ChUllb Wednesday, Oct. 20, 2010 Mldreoles, 20 de Oct., 2010 8251 FM 1117 8:00 a.m. to 5:00 P.M. de 8 :00 de 1a monane a gas 600 de Is We Seguin, TX Wednesday, Oct. 27, 2010 Uftcfes, 27 de Oct„ 2010 7:00 a.m. to 7:00 p.m, de 7 :00 de la manane a las 7:00 de to tade CQMU Memorial Church Thursday, Oct. 21, 2010 Jueves, 21 de Oct.., 2010 3240 FM 725 8:00 am. to 5:00 p.m. de &00 de fa menans a las 5:00 de fa ferde New Braunfels, TX Saturday, Oct. 23, 2010 Saba 23 de Oct, 2010 10:00 a.m. to 4,00 p.m. de 10.00 de to manna a las 4:00 de to tarde Thursday, Oct. 28, 2010 Jueves, 28 do Oct, 2010 7:00 am. to 7:00 p.m de 7.00 de to manana a las 7,00 de to tarde New Berlin Communtj Center Friday, Oct. 22, 2010 VfemeA 22 de Oct., 2010 8815 FM 775 8:00 a.m. to 5:00 p.m. de NO de Is manana a las 5.00 de to farde New Berlin, TX Friday, Oct. 29, 2010 Moines; 29 de Oct, 2010 7:00 a.m. to 7 :00 p.m. de 7:00 de la manana a las 7:00 de Is garde Applications for Ballot by Mail shall be mailed to: (Las solicitudes Para boletas que se vataran adelantada por correo deberan envlarse a.) Sue Basham Elections Administrator P. O. Box 1346 Seguin, TX 78156 -1346 Applications for Ballots by Mail must be received no later than the close of business on October 26, 2010. (Las solicitudes Para boletas que se votaran adelantada por correo deberan recibirse pars elfin de las horas de negocio el 26 de Octubre, 2010. 76581360.2 B -1