12-08-2015 Agenda with backup City Council Agenda
REGULAR SESSION CITY COUNCIL
December 8, 2015, 6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
12-08-2015 Council Agenda
City of Schertz Core Values
Do the right thing
Do the best you can
Treat others the way you would want to be treated
Work together cooperatively as a team
AGENDA
TUESDAY, DECEMBER 8, 2015 AT 6:00 P.M.
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 Azzoz)
City Events and Announcements
• Announcements of upcoming City Events (B. James/D. Wait/B. Cantu)
• Announcements and recognitions by City Manager (J. Kessel)
Presentation
• 2ND Annual Awards presentation SCUCISD/Historical Preservation Committee Essay and
Art Contest. (B. Dennis/R. Williams/D. Weirtz/J. Webb/B. Hall)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person should
fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than
3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while addressing the
Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of specific
factual information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the
Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak
in the order they have registered.
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Workshops
• Application for Landmark or Heritage Neighborhood Designation – Discussion and
consideration and/or action approving a designation request for Landmark Property
Designations for Aviation Heights, Schertz Texas. (B. James/P. Perez)
• Discussion and presentation regarding Ordinance No. 15-M-41 adopting criminal and civil
penalties for violating the City Charter. (C. Zech)
• Discussion regarding the Schertz Chamber of Commerce Funding. (Item requested by
Mayor Carpenter and Councilmember Azzoz) (Continuation from the November 17, 2015
Council meeting)
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 December 1, 2015. (J. Kessel/B. Dennis)
2. City of Schertz 2016 Master Calendar – Consideration and/or action regarding the
approval of the City of Schertz 2016 Master Calendar. (J. Kessel/S. Gonzalez)
3. Scheduling a Regular Council meeting for December 15, 2015 and the Cancellation of
the December 22, 2015 and December 29, 2015 City Council Meetings – Consideration
and/or action scheduling a Regular Council meeting for December 15, 2015 and cancelling
the December 22, 2015 and December 29, 2015 City Council meetings due to the holidays.
(B. Dennis/Council)
Discussion and Action items
4. Resolution No. 15-R-110 – Consideration and/or action approving a Resolution authorizing
the City Manager to sign a contract for Mutual Aid in Fire Emergency Services between the
City of Schertz and the Secretary of the Air Force for Mutual Aid with Randolph Air Force
Base Fire Emergency Services. (D. Wait/D. Covington)
5. Resolution No. 15-R-48 – Consideration and/or action approving a Resolution creating a
Committee of Committees Advisory Board. (B. Dennis/Mayor-Council)
6. Ordinance No. 15-M-52 – Consideration and/or action approving an Ordinance authorizing
amended City Council Rules of Conduct and Procedure; providing for the treatment of
absences; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance;
and providing an effective date. First Reading (Mayor/Council/C. Zech)
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Roll Call Vote Confirmation
Requests and Announcements
7. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
8. Future Agenda Item Request for City Council: This is an opportunity for City Council
members to request that items be placed on a future agenda. No discussion of the merits of
the item may be taken at this time. Should a Council Member oppose placement of the
requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the
consensus of the other City Council members to place or not place the item on a future
agenda.
9. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Adjournment
CERTIFICATION
I, DONNA SCHMOEKEL, DEPUTY 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 4th DAY OF DECEMBER 2015 AT 9:30
A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND
THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS
GOVERNMENT CODE.
Donna Schmoekel
Donna Schmoekel, Deputy City Secretary
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:__________________________
12-08-2015 City Council Agenda Page - 4 -
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.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter
Audit Committee
Interview Committee for Boards and Commissions
Investment Advisory Committee
TIRZ II Board
Mayor Pro-Tem Fowler – Place 1
Interview Committee for Boards and Commissions
Schertz Housing Board Liaison
Randolph Joint Land Use Study (JLUS) Executive
Committee
Schertz Seguin Local Government Corporation
Councilmember Azzoz – Place 2
Animal Control Advisory Committee
Sweetheart Advisory Committee
Councilmember John – Place 3
Lone Star Rail District
Councilmember Edwards – Place 4
Audit Committee
Hal Baldwin Scholarship Committee
Interview Committee for Boards and Commissions
Cibolo Valley Local Government Corporation
Councilmember Thompson Place 5
Audit Committee
Investment Advisory Committee
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: December 8, 2015
Department: City Secretary
Subject: Minutes
BACKGROUND
The City Council held a Regular meeting on December 1, 2015.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the Regular meeting of December 1, 2015
ATTACHMENTS
Minutes –Regular meeting of December 1, 2015.
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MINUTES
REGULAR MEETING
December 1, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December
1, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Mayor Michael Carpenter Mayor Pro-Tem Fowler
Councilmember Grumpy Azzoz Councilmember Daryl John
Councilmember Cedric Edwards Councilmember Robin Thompson
Staff Present: City Manager John Kessel
Executive Director Brian James Executive Director Dudley Wait
Executive Director Bob Cantu City Attorney Daniel Santee
City Secretary Brenda Dennis
Call to Order – City Council Regular Session
Mayor Carpenter called the meeting to order at 6:45 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Reverend Linda Montgomery, Schertz United Methodist Church)
Reverend Linda Montgomery provided the opening prayer followed by the pledges of allegiance to
the flags of the United States and the State of Texas.
City Events and Announcements
• Announcements of upcoming City Events (B. James/D. Wait/B. Cantu)
Mayor Carpenter recognized Executive Director Dudley Wait who provided the following
announcements:
• Wednesday, December 2, Visions of Santa, 6:30pm – 8:30 pm Schertz Civic Center.
Meet renowned artist Billy Keen for the unveiling of the 2015 Santa. A free exhibit
featuring all of Billy Keen’s Santa art work will be on display M-F, 8-5 December 2nd
through December 30th.
• Thursday, December 3, Executive Staff Not in Office – Attending Team Building
Retreat
• Friday, December 4, City Council Team Building Retreat, 8:00 a.m.-4:00 p.m. GVEC
Operations Center, 6400 IH 10 West. Please respond your attendance to the City
Secretary’s Office.
• Friday, December 4, Festival of Angels--Parade, Food, Beverages, Music, Family Fun,
starts at 6:00-10:00 p.m. at the Hal Baldwin Municipal Complex 1400 Schertz Parkway.
• Tuesday, December 8, City employee holiday luncheon, 11:00 a.m.-1:00 p.m. Schertz
Civic Center Ballroom.
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• Thursday, December 10, Schertz-Cibolo-Universal City ISD, Combined Community
Advisory Meeting, 6-8 p.m., Meeting will be held in the SCUCISD Board Room. At this
meeting they will have the annual demographer’s public report as well as an opportunity
to provide feedback on upcoming changes to the 10-year Facility Master Plan and the 10-
year Expenditure Projection Plan. The meeting will be held in the SCUCISD Board Room.
Please contact the City Secretary if you are interested in attending.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated he wanted to provide a
shout out to Lt. Carl Schultz and Firefighter Patricio Wilson who were part of a crew who
went up to the Hidden Pines Fire in Bastrop County. Mr. Kessel stated that since then State
Representative John Cyrier sent a certificate to the Schertz Fire Department recognizing their
great contributions, time, and services.
Presentation
• Presentation and update from the Alamo Area Council of Governments (AACOG) (B.
James/Gloria Vasquez)
Mayor Carpenter recognized AACOG Regional Services Director Gloria Vasquez who
provided a Power Point presentation regarding meeting regional challenges and creating
regional strengths. Some of the highlights included:
Mission: To enhance the quality of life of all residents of the Alamo Region in partnership
with elected and appointed officials, funders, community partners, and beneficiaries.
Core Values: Performance with Integrity, Commitment to Excellence, Service before self,
Culture of appreciation. Together we succeed.
AACOG Programs:
• Alamo Local Authority (Bexar County) (Provides the community services and
supports for eligible adults and children with intellectual and developmental
disabilities and their Families.
• Alamo Regional Transit (Rural) (Are here to meet your transportation needs in the
rural counties – Dispatch 1-866-899-7433
• Area Agencies on Aging – Alamo & Bexar – Dedicated to supporting residents 60
years and older
• Air Quality/Natural Resources – Air quality technical projects; encourage participation
to reduce pollution; air quality health alert
• Public Safety – The Alamo Area Regional Law Enforcement Academy; Criminal
Justice Planning, Homeland Security; Regional 911
• Regional Services – Economic & Community Development; Leadership Development
• Resources Recovery – Solid Waste – Each year, AACOG provides Texas Commission
on Environmental Quality (TCEQ) funding for local government projects including:
Educational outreach efforts; household hazardous waste (HHW) collections; local
illegal dumping enforcement; recycling, source reduction; solid waste studies.
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• Weatherization Assistance – Caulking and sealing racks and holes; weather stripping
of doors and windows, CFL’s, Repairing and/or replacing windows and exterior doors,
insulating attics and walls – Program is designed to help low-income households to
overcome the high cost of energy, by installing energy conservation measures.
Lastly, AACOG Service area: 12,582 Square miles – region population over 2 million.
Ms. Vasquez addressed questions from Council. Mayor and Council thanked Ms. Vasquez for
the update.
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person should fill
out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3
minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member thereof.
Any person making personal, impertinent, or slanderous remarks while addressing the Council
may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of specific
factual information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the
Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in
the order they have registered.
Mayor Carpenter recognized the following who spoke:
• Mrs. Maggie Titterington, Schertz Chamber President who provided an update regarding
the Chambers past and upcoming Chamber events.
Workshops
Mayor Carpenter moved to the workshop discussion regarding the Schertz Chamber of Commerce
Funding.
• Discussion regarding the Schertz Chamber of Commerce Funding. (Item requested by Mayor
Carpenter and Councilmember Azzoz) (Continuation from the November 17, 2015 Council
meeting)
Mayor Carpenter recognized Councilmember Azzoz who asked that they postpone discussion
of this item until next week as they had just received additional information and he has not
had time to review it.
• Discussion regarding the City Council’s Rules of Conduct and Procedure to include
discussion regarding procedures of excusing Council absences. (Item requested by Mayor
Carpenter)
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Mayor Carpenter stated that in light of the passage of the proposed changes to the charter by
the voters at the most recent city election the council should discuss how to proceed with one
of those changes which is excusing absences of Councilmembers and set procedures.
After much discussion, Council requested that if a member of Council is going to be absent
(from regular meetings of Council as defined on our master calendar) that they notify the City
Secretary or Mayor by email (so there is a written record) or a phone call to both and we can
put something in the record that reflects the notification of absence and the reason for the
absence. The minutes of that meeting will reflect those present and absent, and by Council
approving those minutes, they excuse the absence of that Councilmember that was noted as
being absent and if there were any objections to the absence then it could be brought up and
put on a future agenda item for debate. Council asked the City Attorney to draft some
language covering the procedures for Council to follow in providing notice that they will not
be at a Council meeting.
• Discussion regarding Pay Day Loans. (Item requested by Councilmember Thompson) (B.
James)
Mayor Carpenter recognized Executive Director Brian James who stated earlier this year
Councilman Thompson requested a work session item to discuss how cities are regulating
payday lenders.
In August of 2015 a story appeared in the San Antonio Business Journal indicating that a
number of payday lenders were closing their San Antonio locations as a result of San
Antonio’s more stringent regulations on payday lenders. This could lead to payday lenders
moving to nearby cities without regulations.
In September 2012, San Antonio passed an ordinance that went into effect on January 1, 2013.
• Ordinance 2012-09-20-0379 addresses the registration and oversight of credit access
businesses (CAB) that provide payday loans and/or auto title loans to consumers. San
Antonio’s Finance Department administers the program.
The Ordinance:
• requires CABs to register with the City ($50 fee);
• limits payday loans to 20% of the borrower’s gross monthly income;
• limits auto title loans to the lesser of 3% of the borrower’s gross monthly income or
70% of the vehicle value;
• limits loans to no more than 4 installments or 3 rollovers (a rollover is an extension of
consumer credit within 7 days of the previous extension of credit);
• requires that proceeds from each installment or renewal reduces the loan principal by
25%;
• requires that each contract be written in a language the borrower can understand or that
it be read to any borrower who cannot read;
• requires the lender provide the borrower a form created by the city which references
non-profit agencies that provide financial education and assistance programs.
• The Texas Municipal League (TML) has provided a sample ordinance that is very
similar to San Antonio’s.
• Over 25 cities have passed ordinances regulating payday lenders including Austin,
Balcones Heights, Dallas, Houston, San Antonio, Seguin, and Universal City.
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• The Waco City Council has recently been urged by some residents to regulate payday
lenders.
• The State legislature has considered regulations for CABs in the past but has not
passed overarching regulations.
Ongoing Litigation
• Litigation is currently pending regarding municipal regulations of payday lending
facilities in a number of cities, including San Antonio.
• An internet search indicates there are two payday lenders operating in Schertz:
Ace Cash Express and Advance America, both located at FM 3009 and IH-35.
Mr. James stated that the recommendation from staff is to continue to monitor this and to
provide council with continued updates. Members of Council asked staff to do a bit more
research, try to get copies of contracts from local payday lenders, contact Randolph, talk to
COSA about a process of enforcement, etc., and come back to Council with another work
session item in January.
• Discussion regarding setting dates for the December City Council meetings due to the
holidays.
Mayor Carpenter recognized City Secretary Brenda Dennis who stated that since the City has
published a notification for public hearing to occur on December 15, 2015, she recommends
Council hold a regular meeting on that date and as has been practice in the past, that Council
consider cancelling the December 22nd, and December 29th meetings due to the holidays.
Council concurred and requested an item be placed on the next agenda for approval.
Consent Agenda Items
The Consent Agenda is considered self-explanatory and will be enacted by the Council with one
motion. There will be no separate discussion of these items unless they are removed from the
Consent Agenda upon the request of the Mayor or a Councilmember.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Special
Meeting of November 16, 2015, and Regular Meeting of November 17, 2015. (J. Kessel/B.
Dennis)
2. Ordinance No. 15-M-40 – Consideration and/or action approving an Ordinance ordering
and declaring the 2015 Charter Amendments Adopted. Final Reading (B. Dennis/C. Zech)
The following was read into record:
ORDINANCE NO. 15-M-40
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, ORDERING AND
DECLARING THE 2015 CHARTER AMENDMENTS ADOPTED.
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3. Ordinance No. 15-M-41 – Consideration and/or action approving an Ordinance adopting
criminal penalties for violation of the City Charter. Final Reading (B. Dennis/C. Zech)
The following was read into record:
ORDINANCE NO. 15-M-41
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, ADOPTING CRIMINAL
PENALTIES FOR VIOLATION OF THE CITY CHARTER.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember John to approve consent agenda items 1, 2, and 3.
Mayor Carpenter recognized Mayor Pro-Tem Fowler who stated he had a comment that leads
him to want to see Council also take action to codify some language in Item No. 3 for clarity.
More discussion continued by Mayor and Council. City Secretary Brenda Dennis reminded
Council that this was a consent item and if they wanted to continue discussion it should be
pulled from the consent section. Councilmember Edwards withdrew his motion and Mayor
Carpenter pulled Item 3 for separate discussion.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Thompson to approve consent agenda items 1 and 2. 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
3. Ordinance No. 15-M-41 – Consideration and/or action approving an Ordinance adopting
criminal penalties for violation of the City Charter. Final Reading (B. Dennis/C. Zech)
The following was read into record:
ORDINANCE NO. 15-M-41
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, ADOPTING CRIMINAL
PENALTIES FOR VIOLATION OF THE CITY CHARTER.
Mayor Carpenter returned to Item 3 and accepted further discussion by council. Mayor Pro-
Tem Fowler’s concern was if someone is found in violation of the charter and it is a criminal
situation, does that mean it goes to a court to be resolved? City Attorney Daniel Santee stated
it depended on the type of charge and if it violates state law as well as the charter provisions;
then, of course it would be more serious. Mayor Pro-Tem Fowler restated his original
concern that the language in the charter says ‘any’ or ‘anything’ could become a criminal
offense. He assumes council would have to do an internal investigation first, which would
mean going into an executive session. He thinks this terminology needs to be clearer.
Councilmember Edwards suggested Charter Review Commission Member Bert Crawford,
who was in the audience, might be able to come forward and shed some light on what the
committee’s intent was with this section. Mr. Crawford stated from what he recalls, the
12-01-2015 Minutes Page - 7 -
committee mostly followed very closely in accordance with what the Texas Local
Government Code said for any kind of resolution. He believes they agreed on ‘no executive
session’ because if a charge was made against a councilman, it should be in a public forum.
They used the Texas Local Government Code as their guideline.
Councilman Azzoz asked City Attorney Daniel Santee if it was true that they (council) could
not make any change to what the voters passed. He confirmed that as true. He said he
believes what the discussion here is about is whether or not council can do anything to further
clarify what you believe the intent was.
Mayor Carpenter stated that passing this tonight is ministerial; we must do this by state law.
We need to do that this evening and then have something put on a future agenda for
discussion and have City Attorney Charles Zech walk them through both his recollection and
from his notes of the Charter Commission meetings and how he would see this all play out.
From what he has read it appears to him there is a section that says there is one that would be
dealt with by a court (as to a criminal penalty) and a civil penalty that would be dealt with by
the council (2/3 vote by city council).
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro-
Tem Fowler to approve Ordinance No. 15-M-41 final reading. The vote was unanimous with
Mayor Pro-Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting
for and no one voting no. Motion passed.
4. Resolution No. 15-R-100 – Consideration and/or action approving a Resolution casting
votes to elect Directors for the Comal County Appraisal District for the 2016-2017
Term. (B. Dennis/Mayor & Council)
The following was read into record:
RESOLUTION NO. 15-R-100
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE COMAL
COUNTY APPRAISAL DISTRICT FOR THE 2016-2017 TERM.
Mayor Carpenter stated that staff recommends splitting the 68 votes equally among the
following candidates:
• Wade Cleary
• Dan Kruegar
• John Kuntz
• Randy Maschek
• Nancy Pappas
• Dennis Rather
Council Concurred.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro-
Tem Fowler to approve Resolution No. 15-R-100 splitting their 68 votes equally among the
12-01-2015 Minutes Page - 8 -
six candidates. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers
Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed.
5. Resolution No. 15-R-101 – Consideration and/or action approving a Resolution casting
votes to elect Directors for the Guadalupe County Appraisal District for the 2016-2017
Term. (B. Dennis/Mayor & Council)
The following was read into record:
RESOLUTION NO. 15-R-101
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE GUADALUPE
COUNTY APPRAISAL DISTRICT FOR THE 2016-2017 TERM.
Mayor Carpenter mentioned that the City has 276 votes which they can split among the five
candidates or cast all votes toward one. Councilmember Edwards stated that Mr. Edward
Finley has been doing a great job for the School district and recommends casting all the votes
toward him. Council concurred to cast all 276 votes to Mr. Edward L. Finley, Jr.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Thompson to approve Resolution No. 15-R-101 casting all 276 votes for Mr.
Edward L. Finley, Jr. The vote was unanimous with Mayor Pro-Tem Fowler,
Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no.
Motion passed.
6. Resolution No. 15-R-102 – Consideration and/or action approving a Resolution casting
votes to elect Directors for the Bexar County Appraisal District for the 2016-2017
Term. (B. Dennis/Mayor & Council)
The following was read into record:
RESOLUTION NO. 15-R-102
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
CASTING VOTES TO ELECT DIRECTORS FOR THE BEXAR COUNTY
APPRAISAL DISTRICT FOR THE 2016-2017 TERM.
Mayor Carpenter stated that staff’s recommendation is to cast the cities 2 votes to Sergio
“Chico” Rodriguez, Council concurred.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro-
Tem Fowler to approve Resolution No. 15-R-102 casting the cities 2 votes for Sergio “Chico”
Rodriquez. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers
Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed.
7. Resolution No. 15-R-107 – Consideration and/or action approving a Resolution authorizing
an agreement with Developer for Construction of Public Improvement associated with the
Wynter Hill Subdivision project. (B. James/K. Woodlee)
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The following was read into record:
RESOLUTION NO. 15-R-107
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN AGREEMENT WITH DEVELOPER FOR CONSTRUCTION OF
PUBLIC IMPROVEMENT ASSOCIATED WITH THE WYNTER HILL
SUBDIVISION PROJECT
Mayor Carpenter recognized City Engineer Kathy Woodlee who stated when the residential
subdivisions Mesa Oaks and The Reserve at Mesa Oaks were constructed in 2005 and 2012,
respectively; portions of public infrastructure were not included in the construction. In Mesa
Oaks, the plat area included only half of the right of way of the intersection of Water Oak and
Cotton King. Construction of the roadway was not completed at that time because it would
not have been used and would possibly even deteriorate before the other half would be
constructed. In The Reserve at Mesa Oaks, sidewalks were stopped short of the dead end of
Oak Run.
She stated Harkleroad Gray Development Services, LLC, is proposing to develop the Wynter
Hill Subdivision. Roads and sidewalks within that subdivision are proposed to connect to the
intersection of Water Oak and Cotton King and to the end of Oak Run. During the planning
stage for the subdivision, the developer requested that the City participate in the completion of
the improvements which will benefit portions of the City outside the Wynter Hill Subdivision
boundary. It is appropriate for the City to provide the street and sidewalk infrastructure
within existing right of way, but outside the boundary of the Wynter Hill Subdivision plat,
that will provide the connection to existing public infrastructure.
In order to have the construction done in the most efficient and cost effective manner,
Harkleroad Gray has agreed to include construction of the City’s portion of the infrastructure
along with the rest of the Wynter Hill improvements and have the City provide reimbursement
of the costs.
Participating with the Developer of the Wynter Hill Subdivision will act to prevent a gap in
streets and sidewalks between subdivisions and promote the orderly growth of residential
development in central Schertz. The cost for construction of the street and sidewalk
improvements to be reimbursed to the Developer is $23,724.50 and will be paid for with a
portion of the remaining 2006 Street Bond funds. (The overall subdivision improvement cost
to the developer is $1,388,345.)
Staff recommends Council approve the resolution authorizing the City to enter into the
Agreement with Developer for Construction of Public Improvement with Harkleroad Gray
Development Services, LLC.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Edwards to approve Resolution No. 15-R-107. The vote was unanimous
with Mayor Pro-Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson
voting for and no one voting no. Motion passed.
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8. Resolution No. 15-R-108 – Consideration and/or action approving a Resolution approving an
Engineer and Design Contract with Ford Engineering regarding the Northcliffe Water Line
Improvements. (D. Wait/S. Willoughby/C. Raleigh)
The following was read into record:
RESOLUTION NO. 15-R-108
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD
ENGINEERING, INC., RELATING TO ENGINEERING, DESIGN, AND
HYDRAULIC STUDY FOR THE WATERLINE PHASE III REPLACEMENT
PROJECT IN THE NORTHCLIFFE SUBDIVISION, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Public Works Project Manager Cindy Raleigh who stated the
existing asbestos cement water mains in the Northcliffe Subdivision are experiencing a large
number of breaks due to the ground shifting causing interruption of service to the residents in
this area. The impact to the City includes crew resources and overtime costs, damaged streets,
sidewalks, and driveway aprons and loss of purchased water. The City has completed Phase I
of this project in 2010 at the same time of the Street Bond Reconstruction. The total cost of
both Street and Waterline Upgrades for Phase I was over $1.3 million. Phase II in 2013 was
Waterline Upgrades only in the amount of $768,387. This phase will not include street
reconstruction.
The goal of this project is to replace the remaining sections of waterlines in Northcliffe.
Achievement of this goal in its entirety will be contingent upon bid results and available
funding in the FY 2015-16 Budget. Currently, there is $500,000 budgeted for this project.
Depending on bid results, Staff may recommend breaking the construction of this project into
Phases IIIA and IIIB or constructing this final phase in its entirety by supplementing the
project budget with money from the water construction fund. This Resolution authorizes
approval of an agreement with Ford Engineering, Inc., to design Phase III in its entirety. The
plans will be structured so that they can be used for construction of all or a portion of the
project.
Replacement of these sections of waterline is high priority based on the frequency of
waterline breaks and the impact on area residents from interrupted water service.
On July 7, 2014, City Council approved On Call Engineering Contracts with four Engineering
Firms; Ford Engineering, Pape Dawson, LAN, and Cobb Fendley for the engineering and
design of various projects in the City of Schertz. Based on qualifications, experience, and
history of the project, staff recommends hiring Ford Engineering to provide the engineering
and design services for the project in the amount of $67,143. The budget for the project is as
follows:
Budget
Engineering $67,143
Construction $409,214 (current amount available)
12-01-2015 Minutes Page - 11 -
Legal $500
Advertising $500
Other Prof. Services $1,000
Construction Contingency $21,643
Project Total $500,000
Engineer and design to allow for bidding of the project to relocate multiple sections of
waterlines to upgrade the existing line and alleviate the issues associated with the frequency
of waterline breaks. Ford Engineering will design new water mains and services on Cherry
Tree Drive, Mayfair Drive, Wedgewood Drive, and Portage Lane as outlined on the enclosed
project map. Once complete, the project will be publicly bid for construction. Staff
recommends Council approve hiring Ford Engineering, Inc. to engineer and design the
Northcliffe Phase III Waterline Replacement for a cost of $67,143.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro-
Tem Fowler to approve Resolution No. 15-R-108. The vote was unanimous with Mayor
Pro-Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and
no one voting no. Motion passed.
9. Resolution No. 15-R-93 – Consideration and/or action approving a Resolution authorizing a
Standard Professional Services Agreement between the City of Schertz Economic
Development Corporation and Ford Engineering, Inc., relating to engineering and design for
the property located at 1300 Schertz Parkway. (J. Kessel/K. Kinateder)
The following was read into record:
RESOLUTION NO. 15-R-93
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A STANDARD PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT
CORPORATION (“SEDC”), A TEXAS NON-PROFIT INDUSTRIAL
DEVELOPMENT CORPORATION AND FORD ENGINEERING, INC., RELATING
TO ENGINEERING AND DESIGN FOR THE PROPERTY LOCATED AT 1300
SCHERTZ PARKWAY, OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized EDC Director Kyle Kinateder who stated the goal here is to
approve the Standard Professional Service Agreement (“PSA”) on behalf of the Schertz
Economic Development Corporation (“SEDC”) with Ford Engineering. Ford Engineering
will develop necessary plans for the demolition of existing structures located at 1300 Schertz
Parkway.
The SEDC, through Resolution No. 15-R-52, purchased the property located at 1300 Schertz
Parkway for future SEDC office space. The existing structure was found to be not suitable for
office space. At the October 22, 2015 Regular SEDC Monthly Meeting, the SEDC Board
considered a proposal for engineering services. The scope of engineering services included
drafting all plans necessary for the demolition of existing structures and the reconstruction of
the site as a parking lot. The site would be used for parking until a long-term solution was
found by the SEDC Board and City Council. After discussion, the SEDC Board requested
12-01-2015 Minutes Page - 12 -
that the scope be limited to demolition of existing structures and re-vegetation of the site.
Multiple engineering bids were provided and Ford Engineering was selected because of their
experience with the site and corresponding competitive bid. The PSA was revised to its
current form and presented at the November 19, 2015 Regular SEDC Monthly Meeting.
The PSA and associated engineering plans will allow staff to gather accurate contractor bids
and permits needed for demolition. The removal of the existing structure will mitigate future
safety hazards and liability. The removal will also lower holding costs until a long term use
for the site is determined by the SEDC Board and City Council.
Staff recommends council approve Resolution 15-R-93 authorizing the PSA with Ford
Engineering to create engineering plans needed for the project. This action only authorizes
the engineering work and does not authorize the demolition of the structure. The PSA with
Ford Engineering will not exceed $8,327.50 plus Direct Project Expenses.
SEDC Board of Directors held a meeting on November 19, 2015 where a motion to
recommend approval of Resolution 15-R-93 to the City Council for final approval was made
by Mr. Roy Richard and seconded by Ms. Angelina Kiser. The vote was unanimous.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember John to approve Resolution No. 15-R-93. 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 City Secretary Brenda Dennis who provided the roll call votes for
agenda items 1 through 9.
Requests and Announcements
10. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements were provided.
11. Future Agenda Item Request for City Council: This is an opportunity for City Council
members to request that items be placed on a future agenda. No discussion of the merits of
the item may be taken at this time. Should a Council Member oppose placement of the
requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the
consensus of the other City Council members to place or not place the item on a future
agenda.
Mayor Carpenter requested City Attorney Charles Zech provide Council a presentation and
discussion on the new charter provisions and criminal and civil penalties for violations of the
city charter so that council has some clarity on these items.
12-01-2015 Minutes Page - 13 -
Councilmember Edwards asked about the Chamber information and Mayor Carpenter stated
they can also take that up at the next council meeting.
12. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Carpenter recognized Mayor Pro-Tem Fowler who stated he attended the following:
• Tuesday, December 1, Ribbon Cutting for four different local medical groups.
Mayor Carpenter recognized Councilmember Azzoz who stated he attended the following:
• Monday, November 23, 16th Annual Thanksgiving Meal Drive serving 5,801
individuals this year.
Mayor Carpenter recognized Councilmember Edwards who stated he saw on the news the
other day that Jeff from Roadrunner Towing had a big event (Toys for Tots) at
Councilmember John’s place on Sunday. Good Job. He also said the reception held for
the elected officials at the Blue Bonnet Palace was a good one. He thanked
Councilmember John.
Mayor Carpenter recognized Councilmember Thompson who stated he attended the
following:
• Thursday, November 26, Schertz Turkey Trot 5K run/walk, held at the Bluebonnet
Parking Lot.
Adjournment
Mayor Carpenter adjourned the meeting at 8:32 p.m.
__________________________
Michael Carpenter, Mayor
ATTEST:
__________________________________
Brenda Dennis, City Secretary
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: December 8, 2015
Department: City Manager
Subject: 2016 Master Calendar
________________________________________________________________________
BACKGROUND:
Each year staff drafts a Master Calendar that serves as a planning tool for the upcoming
year. Council recently approved a change to the frequency that City Council meetings
are held; meetings are now on the 1st, 2nd and 4th Tuesdays of the month.
On a quarterly basis, for the 3rd Tuesday of the month (February 16th, May 17th, and
August 16th), Council approved conducting a “Council on the Go” town-hall type
meeting, with locations to be held at various sites throughout the City.
All above changes are reflected on the 2016 Master Calendar.
FISCAL IMPACT:
None
RECOMMENDATION:
Staff recommends Council approval of the Master Calendar with the following
considerations:
• Cancel the October 4, 2016 Council Meeting due to Texas National Night Out
• Cancel the November 22nd and 29th Council Meetings due to the Thanksgiving
Holiday
• Cancel the December 27th Council Meeting due to December Holidays
• Due to the holidays, instead of a 4th Quarter “Council on the Go” town-hall
meeting, schedule regular City Council meetings on the 3rd Tuesday of November
(November 15th) and December (December 20th)
ATTACHMENTS:
City of Schertz Master Calendar 2016
2016 Council/Boards/Commissions Calendar
DRAFT
S T W F S S T F S
1 New Years Day (office closed) 1 2 2 5 6 8 Chinese New Year (Year of the Monkey)
8 Elvis' Birthday 3 5 6 8 9 7 9 12 13 10 Ash Wednesday
18 MLK Holiday (office closed)10 12 13 15 16 14 16 19 20 11 Trail Rider Lunch
23 Selma-Schertz 5K Run 17 19 20 22 23 21 23 26 27 14 Valentines Day
24 26 27 29 30 28 15 Presidents Day Holiday (office closed)
31
2 Texas Independence Day
5 Wilenchik Walk for Life
13 Daylight Savings Begins S M T W F S S T F S
14-18 SCUCISD Spring Break 1 2 4 5 1 2 9 Jazz N' Blues in the Park
14-18 East Central ISD Spring Break 6 8 9 11 12 3 5 8 9 14 Community Volunteer Fair
14-18 Comal ISD Spring Break 13 15 16 18 19 10 12 15 16 14-24 Fiesta Weeks
17 St. Patrick's Day 20 22 23 25 26 17 19 22 23 22-30 Passover
18 Employee Remembrance Day 27 29 30 24 26 29 30
20 Spring Begins
20 Palm Sunday
25 Good Friday
27 Easter
S T W F S S T F S
5 Schertz Sweetheart Coronation 1 3 4 6 7 3 4 7 June - 7 July Ramadan
8 Mother's Day 8 10 11 13 14 5 7 10 11 14 Flag Day
18 George Strait's Birthday 15 17 18 20 21 12 14 17 18 19 Father's Day
21 Armed Forces Day 22 24 25 27 28 19 21 24 25 20 Summer Begins
30 Memorial Day Holiday (office closed)29 31 26 28
S T W F S S T F S
3-4 Schertz 4th of July Jubilee 1 2 2 5 6
4 Independence Day (office closed)3 5 6 8 9 7 9 12 13
10 12 13 15 16 14 16 19 20
17 19 20 22 23 21 23 26 27
24 26 27 29 30 28 30
31
S T W F S S T F S 2-4 Rosh Hashanah
5 Labor Day Holiday (office closed)2 3 1 4 Texas National Night Out
11 Patriot Day 4 6 7 9 10 2 4 7 8 4-7 Annual TML Conf. - Austin
16-17 SchertzFest 11 13 14 16 17 9 11 14 15 6-9 Guadalupe County Fair
21-25 Comal County Fair 18 20 21 23 24 16 18 21 22 10 Columbus Day (office closed)
22 Autumn Begins 25 27 28 30 23 25 28 29 11-12 Yom Kippur
30 31 Halloween, Trunk or Treat
S T W F S S T F S
1 Election Day 1 2 4 5 2 3 2 Schertz Festival of Angels
4 Hal Baldwin Golf Tournament 6 8 9 11 12 4 6 9 10 21 Winter Begins
6 Daylight Savings Time Ends 13 15 16 18 19 11 13 16 17 24 Dec. -1 Jan. Chanukah
11 Veterans Day (office closed)20 22 23 25 26 18 20 23 24 25 Christmas Day (office closed 12/26)
24 Thanksgiving (offices closed Nov. 24 & 25)27 29 30 25 27 30 31 26 Dec. - 1 Jan. Kwanzaa31 New Years Eve
SCUCISD Holidays are in red Council Meeting P&Z Comm Trans Safety Adv Comm
Town Hall Council Meeting Library Adv Bd Board of Adjustments
City Holidays (office closed)Econ Dev Corp Parks & Recreation Adv Board
SSLGC Meeting CVLGC Historical Preservation Comm
***Dates are subject to change. Check www.schertz.com for updated information***
JULY AUGUST
1511
18
M
30
14
21
City of Schertz Master Calendar 2016
FEBRUARYJANUARY
APRILMARCH
M
3
T
18
SEPTEMBER
4 8
47
MAY
M
9
T
17
24
M
1
11
18
21
29
15
2
M
M
19
612
5
T
8
31
1
M
16 13
26
14
7
22
5
OCTOBER
M T
18
11
4
M
7
M
21
14
10
19
12
DECEMBER
26
3
T
10
3
NOVEMBER
31
19
5
M
24
12
17
21
29
13
W
17
10
T
10
14
7
15
22
15
8
1
W
24
27
20
25
24
17
10
3
W
6
29
22
W
4
JUNE
2
T
1
8
14
7
T
30
25
18
11
23
16
9
14
7
13
W
26
19
12
29
6
28
21
3
T
1
T
31
20
29
20
5
W
8
T
11
4
T
25
22
28
21
28
27
23
17
28 25
27
25
22
26 24
28
23
2
28
15
2016 Council/Boards/Commissions DRAFT
City Council Meetings
Day: 1st, 2nd and 4th Tuesdays of the month
Time: 6:00 pm
Location: Council Chambers
NOTE: On the 3rd Tuesday of the following months, Council will hold “Council on the Go” meetings (locations TBD):
February 16th, May 17th, August 16th
Board of Adjustments
Day: 4th Monday of the month
Time: 6:00 pm
Location: Council Chambers
NOTE: During the following months, BOA will meet on the following date:
December 19th (the 3rd Monday)
Economic Development Corporation
Day: 4th Thursday of the month
Time: 6:00 pm
Location: Council Chambers Conference Room
NOTE: During the following months, EDC will meet on the following date:
November 17th (the 3rd Thursday)
December 15th (the 3rd Thursday)
Library Advisory Board
Day: 1st Monday of the month
Time: 7:00 pm
Location: Library - Meeting Room 1
NOTE: There will be no meeting in July
During September, the Library Board will meet on the following date:
September 12th (the 2nd Monday)
Parks & Recreation Advisory Board
Day: 4th Monday of the month
Time: 5:30 pm
Location: Bob Andrews Conference Room
NOTE: As of right now there will be no meeting in December
Planning and Zoning
Day: 2nd and 4th Wednesdays of the month
Time: 6:00 pm
Location: Council Chambers
NOTE: During November and December, P&Z only meets once a month:
November 16th (the 3rd Wednesday)
December 14th (the 2nd Wednesday)
Transportation Safety Advisory Commission
Day: 1st Thursday of the month
Time: 5:30 pm
Location: Council Chambers Conference Room
NOTE: There will be no meeting in July or December
Historical Preservation Committee
Day: Quarterly on the 4th Thursday of the month:
January 28th, April 28th, July 28th and October 27th
Time: 6:30 pm
Location: Bob Andrews Conference Room
Schertz-Seguin Local Government Corporation
Day: 3rd Thursday of the month
Time: 1:30 pm
Location: SSLGC Admin. Office Building – 108 W. Mountain Street, Seguin TX 78155
Cibolo Valley Local Government Corporation
Day: 4th Thursday of the month
Time: 9:00 am
Location: Alternates between Schertz & Cibolo – contact Regina Franke rfranke@seguintexas.gov
NOTE: As of now, there will not be a November meeting (Nov. 24th), as it falls on a City holiday
There will be no meeting in December
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: December 8, 2015
Department: Administration
Subject: Scheduling a regular Council meeting for
December 15, 2015 and the Cancellation
of the December 22, 2015 and December
29, 2015 Council meetings
BACKGROUND
At the Council meeting of December 1, 2015, Council discussed having a regularly scheduled
meeting on December 15, 2015, due to public notices being published and discussed cancelling
the December 22, 2015 and December 29, 2015 meetings due to the upcoming holidays.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve scheduling a regular meeting for December 15, 2015 and
cancelling the December 22, 2015 and December 29, 2015 meetings.
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: December 8, 2015
Department: Fire
Subject: Resolution No. 15-R-110– A Resolution by the
City Council of the City of Schertz, Texas
authorizing the City Manager to enter into an
agreement for mutual aid for fire emergency
services with the Secretary of Air Force,
specifically for Joint Base San Antonio –
Randolph.
BACKGROUND
The Schertz Fire Department is charged with the responsibility of regional fire suppression,
protection and prevention. The Fire Department does not have the means to effectively remediate
certain emergency situations without the assistance of outside agencies. Suburban Fire
Departments typically enter into mutual aid agreements with each other for that purpose. During
structure fires or other emergencies that exceed the capacity of a single fire department,
surrounding fire departments mutually respond to assist the requesting department. Mutual aid
agreements include clauses that protect the respective cities for committing resources outside
their boundaries when such would be detrimental to those cities. The obligation to respond is
always contingent upon the ability to maintain adequate protection at home.
Joint Base San Antonio – Randolph employs a well-trained cadre of firefighters on base for
aircraft emergencies as well as structural responses. Schertz Fire has enjoyed a mutually
beneficial relationship with the military firefighters, training with them regularly. We have
assisted them each year with their air show emergency stand-by and response, and they have
assisted us on fires in our city.
Community Benefit
It is not feasible for fire departments to maintain the amount of staffing necessary to combat a
typical house fire. Therefore, most suburban fire departments provide adequate manpower for the
initial fire attack and rely on mutual aid partners for additional help when needed. Mutual aid is
an efficient use of equipment and manpower when an emergency exceeds the capability of
everyday staffing..
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDATION
The City recommends Council approval of Resolution 15-R-110 to authorize the City Manager
to enter into a the mutual aid agreement between the City of Schertz and Joint Base San Antonio
– Randolph for Fire Emergency Services.
ATTACHMENTS
Resolution 15-R-110
Mutual Aid Contract
RESOLUTION NO. 15-R-110
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN A
CONTRACT FOR MUTUAL AID IN FIRE EMERGENCY SERVICES
BETWEEN THE CITY OF SCHERTZ AND THE SECRETARY OF THE
AIR FORCE FOR MUTUAL AID WITH JOINT BASE SAN ANTONIO –
RANDOLPH FIRE EMERGENCY SERVICES; AND OTHER MATTERS
IN CONNECTION THEREWITH
WHEREAS, the Schertz Fire Department is charged with the responsibility of regional
fire suppression, protection, and prevention; and
WHEREAS, in order to fulfill its mandated responsibility as set forth above, the City has
identified a need to enter into mutual aid agreements with surrounding jurisdictions, including
Joint Base San Antonio – Randolph; and
WHEREAS, the City Emergency Services and Joint Base San Antonio – Randolph
Emergency Services have enjoyed a long and mutually beneficial relationship; and
WHEREAS, this Mutual Aid Agreement is for a period of five years, thereafter
renewable annually for a total period of twenty years;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Manager is hereby authorized to enter into agreement with the
Secretary of the Air Force to mutually provide fire emergency services as set forth in Attachment
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.
- 2 -
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 8th day of December 2015.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
MUTUAL AID IN FIRE EMERGENCY SERVICES
This Mutual Aid Agreement (the "Agreement"), is made and entered into this .ll day of Aug 2015,
between the Secretary of the Air Force (the "Air Force") acting by and through the Commander 502
ABW pursuant to the authority of 42 U.S.C. § l 856a and the Fire Department of Schertz the
"Schertz Fire Department". Together the Air Force and Schertz Fire Department are hereinafter
referred to as the "Parties".
WITNESSETH:
WHEREAS, each of the Parties hereto maintains-equipment and personnel for the suppression of
fires and the management of other emergency incidents occurring within areas under their respective
jurisdictions; and
WHEREAS, as set forth in 42 U.S.C. § 1856 the term 'fire protection' includes personal services and
equipment required for fire prevention, the protection of life and property from fire, fire fighting, and
emergency services, including basic medical support, basic and advanced life support, hazardous
material containment and confinement, and special rescue incidents involving vehicular and water
mishaps, and trench, building, and confined space extractions; and
WHEREAS, the Parties hereto desire to augment the fire protection capabilities available in their
respective jurisdictions by entering into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, obligations and agreements
herein established, the Parties hereby agree as follows:
a . The authority to enter into this Agreement is set forth in 42 U .S.C. § 1856a, and Title 15
United States Code Section 2210, the regulations implementing same at Title 44 Code of
Federal Regulations Part 151 Emergency Management and Assistance and Air Force
Instruction 32-2001, Fire Emergency Services Program.
b. This Agreement will serve as the agreement between the Parties for securing to each mutual
aid in fire protection services as defined above.
c. On request to a representative of the 502 ABW fire department by a representative of the
Schertz Fire Department, fire protection equipment and personnel of the 502 ABW fire
department will be dispatched to any point within the area for which the Schertz Fire
Department normally provides fire protection services as designated by the representatives
of the Schertz Fire Department.
d. On request to a representative of the Schertz Fire Department by a representative of the 502
AB W fire department, fire protection equipment and personnel of the Schertz Fire
Department will be dispatched to any point within the jurisdiction of the 502 ABW as
designated by the representative of the 502 ABW fire department.
e . Any dispatch of equipment and personnel by the Patiies pursuant to this Agreement is
subject to the following conditions:
(1) Any request for aid hereunder will include a statement of the amount and type of equipment
and personnel requested and will specify the location to which the equipment and personnel
are to be dispatched, but the amount and type of equipment and the number of personnel to
be furnished will be determined by the responding organization. The requesting organization
will ensure access to site for the responding organization.
(2) The responding organization will report to the officer in charge of the requesting organization
at the location to which the equipment is dispatched, and will be subject to the orders of that
official.
(3) The responding organization will be released by the requesting organization when the
services of the responding organization are no longer required or when the responding
organization is needed within the area for which it normally provides fire protection.
( 4). Hazardous Materials incident response will include the response to, and control and containment
of any release or suspected release of any material suspected to be or known to be hazardous. Where
the properties of a released material are not known, it will be considered hazardous until proven
otherwise by the requesting organization using all technical resources available. Cleanup and
removal of contained hazardous materials will be the responsibility of the requesting organization.
(5). In the event of a crash of an aircraft owned or operated by the United States or military aircraft of
any foreign nation within the area for which the Schertz Fire Department normally provides fire
protection services, the chief of the 502 ABW fire department or his or her representative may
assume full command on arrival at the scene of the crash.
(6) Where local agencies do not assign an incident safety officer, an Air Force representative will be
assigned to act as the incident safety officer for 502 ABW to observe Air Force operations.
f. Each Party hereby agrees that its intent with respect to the rendering of assistance to the other Party
under this Agreement is not to seek reimbursement from the Party requesting such assistance.
Notwithstanding the above, the Paiiies hereby recognize that pursuant to the Section 11 of the
Federal Fire Prevention and Control Act of 1974 (15 U .S.C. § 2210) and Federal regulations issued
there under ( 44 CFR Part 151 ), Schertz Fire Department is permitted to seek reimbursement for all or
any part of its direct expenses and losses (defined as additional fire fighting costs over normal
operational costs) incurred in fighting fires on property under the jurisdiction of the United States.
Furthermore, under the authority of 42 U .S.C. § l 856a, and pursuant to any applicable state or local
law each Party hereby reserves the right to seek reimbursement from the other for all or any part of
the costs (defined as additional fire fighting costs over normal operational costs) incurred by it in
providing fire protection services to the other Party in response to a request for assistance.
g. Both Parties agree to implement the National Incident Management System during all emergency
responses on and off installations in accordance with National Fire Protection Association (NFP A)
Standard 1561.
h. Each Party waives all claims against the other Party for compensation for any loss, damage,
personal injury, or death occurring as a consequence of the performance of this Agreement. This
provision does not waive any right of reimbursement pursuant to paragraph f.
i. All equipment used by Schertz Fire Department in carrying out this Agreement will, at the time of
action hereunder, be owned by it; and all personnel acting for Schertz Fire Department under this
Agreement will, at the time of such action, be an employee or volunteer member of Schertz Fire
Department.
j. The rendering of assistance under the terms of this Agreement will not be mandatory; however, the
Party receiving a request for assistance will endeavor to immediately inform the requesting Party if
the requested assistance cannot be provided and, if assistance can be provided, the quantity of such
resources as may be dispatched in response to such request.
k. Neither Paiiy will hold the other Party liable or at fault for failing to respond to any request for
assistance or for failing to respond to such a request in a timely manner or with less than optimum
equipment and/or personnel, it being the understanding of the Parties that each is primarily and
ultimately responsible for the provision of fire protection services needed within their own
jurisdictions.
I. Should a dispute arise between the Parties under or related to this Agreement, the Parties agree that
within 30 days after notice of the dispute from one Party to the other, the Parties will attempt to
resolve the dispute through negotiations. If such negotiations reach an impasse, the Parties agree that
within 60 days after Notice of an impasse, they will attempt to resolve the matter through any method
or combination of non-binding alternative dispute resolution (ADR) methods available under the
Administrative Dispute Resolution Act of 1996, Pub. L. No. 104-320 (codified at 5 U.S.C. §§ 571-
5 83 ). The cost of any third patiy neutral will be divided equally between the Parties, and the selection
of any third party neutral will be by agreement of the Parties. If such ADR proceeding does not result
in resolution of the dispute, the Parties may separately pursue any remedy available to a Party under
the law. However, both Parties agree that the initiation of formal litigation does not preclude further
attempts at resolving the dispute through alternative dispute resolution methods. Both Parties agree
that the terms of this clause will be considered the "Administrative Remedies" that must be
exhausted, prior to institution of any formal litigation.
m. All notices, requests, demands, and other communications which may or are required to be
delivered hereunder will be in writing and will be delivered by messenger, by a nationally-recognized
overnight mail delivery service or by certified mail, return receipt requested, at the following
addresses:
For the Air Force:
502 ABW
c/o Commander
2080 Wilson Rd
Joint Base San Antonio-Fort Sam Houston, Texas 78234-7680
And:
Department of the Air Force
AFCEC/CXF
139 Barnes Dr, Suite 1
Tyndall AFB FL 32403-5319
And:
502 ABW
c/o Fire Chief
1910 Kenly A venue
Joint Base San Antonio-Lackland, Texas 78236
For Schertz Fire Depa11ment
Sche1iz Fire Department
"attention to"
Fire Chief
1400 Schertz Parkway
Sche1iz Texas, 78154
TERMS OF THE AGREEMENT
n. This Agreement will become effective on the date of the last signature to the Agreement and will
remain in effect for 5 years 31 Aug 2015 from that date (the "Term") and automatically renews
annually for a term of 20 years. Either Party may unilaterally terminate this Agreement during the
Term by sending notification of its intent to terminate to the other Party at least one hundred and
eighty (180) days in advance of the proposed date of termination. Such notification will be in the
form of a written submission to the other Party.
o. Upon becoming effective, this Agreement will supersede and cancel all previous agreements
between the Parties concerning the rendering of assistance from one to the other for the purposes
stated in this Agreement.
p. The modification or amendment of this Agreement, or any of the provisions of this Agreement,
will not become effective unless executed in writing by both Parties.
q. This Agreement may be executed in one or more counterparts, each of which will be deemed an
original.
IN WITNESS WHEREOF, The Pa1iies have caused this Agreement to be executed by their duly
authorized representatives on the dates shown below:
THE UNITED ST A TES OF AMERICA
by the Secretary of the Air Force
By~a~
ROBERTD.LABRUTT A
Brigadier General, USAF
Commander
Date: !f o/l~
FIRE DEPARTMENT
for Sche1iz Fire Department
By:~~~~~~~~~~~~~
FIRE CHIEF
Schertz Fire Department
Agenda No. 5
CITY COUNCIL MEMORANDUM
City Council Meeting: December 8, 2015
Department: Mayor/Council
Subject: Resolution No. 15-R-48 - Resolution
creating a Committee of Committees
Advisory Board and providing for the
purpose, organization, appointment and
duties of the Board.
BACKGROUND
In July of 2014, Mayor Carpenter shared a summer address, during which he discussed our
City’s history and culture and who we are and why he thinks we have arrived at the successful
position we enjoy today. In that same address he announced that he would like to form a task
force to address community involvement and future planning for Schertz.
Also in July, 2014 Mayor Carpenter asked each Board, Commission, and Committee
Chairperson to seek nominations of one member each from the City’s Boards, Commissions, and
Committees as well as a Schertz Chamber Representative and a School District Board Member
to serve for six months on a Task Force to provide City Council and staff their thoughts on
generating greater community involvement in our City government and giving guidance to the
Council and Staff on the projects we should be prioritizing (be they infrastructure, expansion,
quality of life or otherwise) in the coming five years. Mayor Carpenter asked the Task Force to
provide guidance on what kinds of businesses (manufacturing, general commercial and retail)
they would like to see the City work on to bring to Schertz.
The Task Force was formed and has been meeting since December 2014 with 7 members from
the various City Boards, Commissions and Committees. The following individuals are the
appointed members: Chair, Michael Dahle, Planning & Zoning Commission, Vice Chair,
Richard Dziewit, Transportation Safety Advisory Commission, Vice Chair, Fae Simmons, Parks
and Recreation Advisory Board, Tim Brown, Economic Development Corporation Board, Frank
McElroy, Board of Adjustment, Howson Lau, Library Board, and Barbara Hall, Historical
Preservation Committee. Additionally two non-city members from the community, Maggie
Titterington, President Schertz Chamber of Commerce, and Ed Finley, Schertz-Cibolo-Universal
City ISD (SCUCISD) were part of this group. Should any member representative of the City
committees resign, the City Council will make the necessary appointment of a new member to
serve according to the normal appointment processes we have in place.
This same body was also appointed as the 2015 Bond Committee by the full City Council.
Additionally, the full Council decided to form a ‘Committee of Committees Advisory Board’ to
continue the work that has been done over the last several months and continue to give guidance
to Council and Staff on the projects the City is involved with. The Committee of Committees
City Council Memorandum
Page 2
will consist of a representative from each one of the seven City boards, commissions and
committees.
The following members shall be appointed:
• Tim Brown, Economic Development Corporation Board
• Michael Dahle, Planning & Zoning Commission
• Richard Dziewit, Transportation Safety Advisory Commission
• Barbara Hall, Historical Preservation Committee.
• Howson Lau, Library Board
• Frank McElroy, Board of Adjustment
• Fae Simmons, Parks and Recreation Advisory Board
Goal
The primary responsibility of this Committee shall be to advise the City Council on future
planning and long term prioritization of city initiatives and when directed by City Council or
City Staff, assist with projects to include analysis of present and future needs and prioritization,
and report their findings back to City Council and/or City Staff. Additionally, the Committee of
Committees will be responsible for increased communication and coordination between boards.
Community Benefit
Establish open communication with the City Council and citizens of Schertz, by staying
informed on future plans and long term prioritization of City initiatives, as well as
communication and coordination between boards.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve Resolution No. 15-R-48 creating the “Committee of
Committees Advisory Board” appointing the (7) city board members of the Mayor’s Task force,
making the Committee of Committees Advisory Board, a seven (7) member board.
ATTACHMENT
Resolution No. 15-R-48
RESOLUTION NO. 15-R-48
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS CREATING A COMMITTEE OF COMMITTEES
ADVISORY BOARD AND PROVIDING FOR THE PURPOSE,
ORGANIZATION, APPOINTMENT AND DUTIES OF THE BOARD, AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the Mayor and City Council seeks to form a task force to address
community involvement and future planning for the City of Schertz; and
WHEREAS, a task force was formed and has been meeting since December 2014 with 7
members from the various City Boards, Commissions and Committees with the following
appointed members: Chair, Michael Dahle, Planning & Zoning Commission, Vice Chair,
Richard Dziewit, Transportation Safety Advisory Commission, Vice Chair, Fae Simmons, Parks
and Recreation Advisory Board, Tim Brown, Economic Development Corporation Board, Frank
McElroy, Board of Adjustment, Howson Lau, Library Board, and Barbara Hall, Historical
Preservation Committee. Two additional non-city board members served: Maggie Titterington,
President Schertz Chamber of Commerce, and Ed Finley, Schertz-Cibolo-Universal City ISD
(SCUCISD); and
WHEREAS, Mayor and City Council met and decided to formalize a “Committee of
Committees Advisory Board” to continue the work of the task force; and
WHEREAS, should a vacancy occur on this committee, the City Council shall, within 60
days from the commencement of the vacancy, fill the vacancy by appointment; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
There is hereby created in and for the City, a board which shall be called the “Committee of
Committees Advisory Board” whose purpose shall be for the providing of guidance and
feedback on future planning and long term prioritization of City initiatives. Additionally the
Committee of Committees will be responsible for increased communications and coordination
between boards.
Section 1: Composition: Appointment and Terms
The Committee of Committees Advisory Board shall be composed of seven (7) members who
shall be appointed by the City Council on an annual basis beginning May 31st of each year.
Board members will be appointed for staggered two (2) year terms. If any member of the Board
shall be absent from scheduled meetings more than three (3) times without prior notification to
the chairman of the board during any twelve (12) month period, the third (3rd) absence shall be
construed as the member’s resignation from the board for all purposes. All members will
represent the entire City, however positions will be numbered and initially all the odd numbered
positions will serve a two year term and all the even numbered positions will serve a one year
term. Thereafter, all terms will be 2-year terms. The positions will be randomly assigned at the
first board meeting.
Section 2: Qualifications of Members.
Any member appointed to the Committee of Committees shall be a resident of the City or in the
City’s ETJ and 18 years of age or older. It is the intent of the City Council that members shall,
by reason of diversity, constitute a board that is broadly representative of the community.
Section3: Members Serve without Compensation.
The members of the Board shall serve without compensation.
Section 4: Removal of Members.
Any member of the Board may be removed from such membership at any time by the City
Council.
Section 5: Responsibility; Duties
The primary responsibility of the Board shall be to advise the City Council on future planning
and long term prioritization of City initiatives, and when directed by City Council or City Staff,
assist with projects to include analysis of present and future needs and prioritization, and report
their findings back to City Council and/or City staff. Additionally, the Committee of
Committees will be responsible for increased communication and coordination between boards.
Section 6: Meetings; Quorum
The Board shall fix the time and place for its meetings, provided that the Board shall meet at
least once a month. Any Four (4) members of the Board constitute a quorum necessary to cause
official action to be taken on any matter. All meetings shall be open to the public, and notice of
meetings shall be given and meetings shall be conducted in accordance with the Texas Open
Meetings Act.
Section 7: Staff Liaison.
The City Manager and City Secretary will serve as staff liaisons to the Board. All
recommendations, comments and reports shall be made to the City Manager, who in turn shall
convey such recommendations to the City Council.
Section 8: Board Cannot Bind City Council
The Board shall act in an advisory capacity only and shall not have the authority to bind or
obligate City Council.
Section 9.
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 10.
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 11.
This Resolution shall be construed and enforced in accordance with the laws of the State of
Texas and the United States of America.
Section 12.
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 13.
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 14.
This Resolution shall be in force and effect from and after its final passage, and it is so resolved.
PASSED AND ADOPTED, this 8th day of December, 2015.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
City Secretary
(CITY SEAL)
50234811.1 A-1
EXHIBIT A
COMMITTEE OF COMMITTEES BOARD MEMBERS
Term Dates
Michael Dahle May 31, 2016
Richard Dziewit May 31, 2017
Fae Simmons May 31, 2016
Tim Brown May 31, 2017
Frank McElroy May 31, 2016
Howson Lau May 31, 2017
Barbara Hall May 31, 2016
Agenda No. 6
CITY COUNCIL MEMORANDUM
City Council Meeting: December 8, 2015
Department: Council
Subject: Ordinance No. 15-M-42 An
Ordinance authorizing and amending
the City Council Rules of Conduct
and Procedure: repealing all
ordinances or parts of ordinances in
conflict with this ordinance. (First
Reading)
BACKGROUND
The City Council has identified the need to clarify how Councilmember absences from
City Council meetings are documented with respect to determining whether such absence
is excused. Recently approved changes to the City Charter require any absence be
excused by a majority of the Council.
At the December 1, 2015 City Council meeting, the Council discussed various options for
amending the City Council Rules of Conduct and Procedure and directed the City
Attorney to draft language to reflect the discussion points of the Council and honor the
newly adopted Charter provision.
Before the Council is an amendment that requires a Councilmember to notify either the
Mayor or City Secretary via e-mail or telephone as soon as they become aware that they
will be unable to attend a City Council meeting. Additionally, the absence and the reason
provided by the Councilmember are to be annotated by the City Secretary in the minutes
of the meeting that is missed.
Council approval of the minutes at a subsequent meeting would act to ratify the absence
and the reason provided, thus excusing the absence. If a Councilmember raises an
objection to the absence or the reason provided at the time the minutes are to be
approved, the matter may be place on a future agenda for debate, discussion and further
consideration.
Goal
To clarify, update and amend the Council’s Rules of Conduct and Procedures related to
procedures for documenting Councilmember absences from City Council meetings.
Community Benefit
To clearly establish procedures for documenting absences.
City Council Memorandum
Page 2
Summary of Recommended Action
Staff recommends Council approve first reading of Ordinance No. 15-M-42 amending the
Council Rules of Conduct and Procedures by amending Article 2, Section 2.2 by
Retitling the Section: Attendance and creating Sub-Sections A Quorum and B Absences.
See attached corresponding Ordinance.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve first reading of Ordinance No. 15-M-42
ATTACHMENTS
Ordinance No. 15-M-42
ORDINANCE NO. 15-M-42
AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING
AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE;
PROVIDING FOR THE TREATMENT OF ABSENCES; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Schertz has previously adopted Rules of
Conduct and Procedure for the conduct of meetings of the City Council; and
WHEREAS, the City Council currently does not address the procedural treatment of
absences by Council Members from a meeting; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
amend, update, and clarify the Rules of Conduct and Procedure as they relate to absences.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. That the City Council Rules of Conduct and Procedure are amended as
follows:
Article 2, Section 2.2 is amended to read as follows:
2.2 Attendance. Councilmembers shall attend all meetings of the Council. Absence
of a Councilmember from a meeting shall be managed in accordance with 2.2 B.
A. 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.
B. Absences. In the event a Councilmember is unable to attend a meeting of the
Council, the Councilmember shall notify either the Mayor or the City
Secretary as soon as they become aware that they will be unable to attend.
Notification may be accomplished via e-mail or telephone and must include
the reason for the absence. The City Secretary shall annotate the
Councilmember’s absence and the reason therefore in the minutes of the
meeting from which the Councilmember is absent. Council approval of the
subject minutes shall ratify the absence and the reason given therefore and
thus excuse the absence. If a Councilmember raises an objection to the
absence or the reason given therefore at the time the minutes are to be
approved, the matter may be place on a future agenda for debate, discussion
and further consideration.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the 8th day of December, 2015.
PASSED, APPROVED and ADOPTED ON SECOND READING, the ____ day of
January, 2016.
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(Seal of City)
12-8-2015 Revised
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.
TABLE OF CONTENTS
Page
12-8-2015 Revised i
ARTICLE 1.
AUTHORITY
1.1 City Charter ........................................................................................................................ 1
1.2 Effective Date; Amendment .............................................................................................. 1
ARTICLE 2.
GENERAL RULES
2.1 Meetings to be Public......................................................................................................... 1
2.2 Attendance ......................................................................................................................... 1
2.3 Minutes of Meetings .......................................................................................................... 1
2.4 Questions to Contain One Subject ..................................................................................... 2
2.5 Right to the Floor ............................................................................................................... 2
2.6 City Manager ..................................................................................................................... 2
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
3.3 Recessed Meetings ............................................................................................................. 3
3.4 Adjourned Meetings........................................................................................................... 3
3.5 Executive Sessions ............................................................................................................. 3
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 Tem ............................................................... 4
5.2 Appointment Procedure for a Councilmember ............................................................. 4&5
TABLE OF CONTENTS
(continued)
Page
12-8-2015 Revised ii
ARTICLE 6.
ORDER OF BUSINESS
6.1 Agenda .......................................................................................................................... 5&6
6.2 Communication to Mayor and Council.............................................................................. 6
6.3 Approval of Minutes .......................................................................................................... 6
6.4 Presentations by Members of Council ............................................................................... 6
6.5 Consent Agenda ................................................................................................................. 6
ARTICLE 7.
CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7.1 Printed, Typewritten, or Electronic Form .......................................................................... 6
7.2 City Manager Review ........................................................................................................ 6
7.3 City Attorney to Approve .................................................................................................. 7
7.4 Funding .............................................................................................................................. 7
7.5 Reading of Caption Only ................................................................................................... 7
7.6 Ordinances—Two Readings; Emergencies ....................................................................... 7
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
8.4 Improper References to be Avoided .................................................................................. 8
8.5 Interruptions ....................................................................................................................... 8
ARTICLE 9.
MOTIONS AND MEETING PROCEDURES
9.1 Motions .............................................................................................................................. 8
9.2 Debate ................................................................................................................................ 8
9.3 Motion Procedures ........................................................................................................ 8&9
9.4 Point of Privilege ............................................................................................................... 9
9.5 Point of Procedure or Order ............................................................................................... 9
9.6 To Appeal a Ruling ..................................................................................................... 9&10
9.7 To Recess ......................................................................................................................... 10
9.8 To Withdraw .................................................................................................................... 10
9.9 To Postpone or Extend ..................................................................................................... 10
9.10 To Refer ........................................................................................................................... 10
9.11 To Amend ................................................................................................................. 10&11
9.12 To Limit or Close Debate or “Call the Question” ............................................................ 11
9.13 To Count the Vote ............................................................................................................ 11
9.14 To Take Action or Reconsider an Action; Main Motions ............................................... 11
TABLE OF CONTENTS
(continued)
Page
12-8-2015 Revised iii
9.15 To take action or Rescind motion .................................................................................... 11
9.16 To Take Action; Main Motions ................................................................................ 11&12
9.17 Effect of Abstentions…………………………………………………………………….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&13
ARTICLE 11.
CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS
11.1 Standing Committees ....................................................................................................... 13
11.2 Special Committees ......................................................................................................... 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&14
12.5 Written Communications ................................................................................................. 14
12.6 Hearing of Residents ........................................................................................................ 14
ARTICLE 13.
COUNCIL AND STAFF RELATIONS
13.1 City M anager to Provide Information .............................................................................. 14
13.2 City Manager’s Responses to Requests .................................................................... 14&15
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
12-8-2015 Revised 1
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 Attendance. Councilmembers shall attend all meetings of the Council. Absence of a
Councilmember from a meeting shall be managed in accordance with 2.2 B.
A. 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.
B. Absences. In the event a Councilmember is unable to attend a meeting of the
Council, the Councilmember shall notify either the Mayor or the City Secretary as
soon as they become aware that they will be unable to attend. Notification may be
accomplished via e-mail or telephone and must include the reason for the absence.
The City Secretary shall annotate the Councilmember’s absence and the reason
therefore in the minutes of the meeting from which the Councilmember is absent.
Council approval of the subject minutes shall ratify the absence and the reason given
therefore and thus excuse the absence. If a Councilmember raises an objection to the
absence or the reason given therefore at the time the minutes are to be approved, the
matter may be place on a future agenda for debate, discussion and further
consideration.
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.
12-8-2015 Revised 2
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.
2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by
the Council or as requested by the City Manager, and shall, upon request of the Council
or the City Manager, give an opinion, either written or oral, on questions of law.
2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings
of the Council, unless excused, and shall keep the official minutes.
2.9 Officers and Employees. Any officer or employee of the City, when requested by the
City Manager, shall attend meetings of the Council. If requested to do so by the City
Manager, they shall present information relating to matters before the Council.
2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council.
2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State
law may be temporarily suspended by a majority vote of the Councilmembers who are
present. The vote of each person on any such suspension shall be entered in the minutes.
2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly
adopted ordinance.
2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings
not addressed by these Rules, the Charter, or State law shall be determined by the Mayor
(or the presiding officer in the Mayor’s absence).
ARTICLE 3.
TYPES OF MEETINGS
3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by
the Code of Ordinances, Part II, Section 2-2. The Council may also hold regularly
scheduled meetings which may be designated by the Council as “workshop” sessions.
3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or
any three (3) members of the Council. The call for a special meeting shall be filed with
the City Secretary in written form, except that announcement of a special meeting during
any regular meeting at which all members are present shall be sufficient notice of such
12-8-2015 Revised 3
special meeting. The call for a special meeting shall specify the day, hour, and place of
the special meeting and shall identify the subject or subjects to be considered.
3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to
a later time, provided that no recess shall be for a longer period than until the next regular
meeting.
3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be
reconvened except by a motion to reconsider prior to any Councilmember’s departure
from the Council chamber. See Sections 9.3 and 9.4.
3.5 Executive Sessions. Executive or closed sessions may only be held in accordance with
State law.
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.
12-8-2015 Revised 4
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.
(c) Term dates for the Mayor Pro Tem position will begin in February and August of
each year (the election dates offset by three (3) months). Terms will sequentially
rotate according to Councilmember place.
(d) If the Councilmember place that is up for appointment as Mayor Pro Tem is
vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro
Tem, the Mayor Pro Tem appointment will go to the next qualified
Councilmember.
(e) The position will have a term of office of six (6) months.
(f) The appointed Mayor Pro Tem may be removed by Council by a two-thirds (2/3)
majority vote of the members of Council at any time during his or her term.
(g) Council reserves the right to alter this procedure at any time by resolution or rule.
5.2 Appointment Procedure for a Councilmember.
(a) The Council may appoint a Councilmember to a vacant seat as authorized by
Section 4.06 of the City Charter.
(b) The Council will announce and advertise on the City’s website and in the City’s
newspaper of record that applications are being accepted for a vacant position on
Council.
(c) A due date for applications to be submitted will be set.
(d) Applicants must meet the qualifications for a Councilmember set forth in Section
4.02 of the City Charter.
(e) Applications will be received by the City Secretary’s office and distributed to all
Councilmembers.
(f) An interview date will be set and posted for a public meeting.
(g) Interviews of prospective candidates will be held in a public forum by a quorum
of Councilmembers.
12-8-2015 Revised 5
(h) Councilmembers will discuss, and appoint by majority vote, the new member of
Council at either the same meeting as the interviews or at a subsequent Council
meeting.
(i) The Council is the final judge of whether a candidate is qualified to serve as a
Councilmember as set forth in Section 4.03 of the City Charter.
(j) Council reserves the right to alter this procedure at any time by resolution or rule.
ARTICLE 6.
ORDER OF BUSINESS
6.1 Agenda. The City Manager and the City Secretary shall prepare an agenda for each
meeting of the Council. Items may be placed on the agenda by the City Manager (or in
his absence any Assistant City Manager), the Mayor, or any Councilmember, except that
a Councilmember directing that an item or items be placed on an agenda must do so in
open session, during a properly posted meeting of the Council. Items placed on the
agenda by the City Manager (or in his absence any Assistant City Manager) may be
removed only by the City Manager (or any Assistant City Manager) and he/she may do
so at any time that permits the agenda for the Council meeting to be properly posted by
the City Secretary’s Office under the Texas Open Meetings Act. Items placed on an
agenda by the Mayor may be removed only by the Mayor, and he/she may do so at any
time that permits the agenda for the Council meeting to be properly posted by the City
Secretary’s Office under the Texas Open Meetings Act. Items placed on the agenda by a
Councilmember may be removed only by that specific Councilmember, and he/she may
do so at any time that permits the agenda for the Council meeting to be properly posted
by the City Secretary’s Office under the Texas Open Meetings Act.
(a) Information Required. Any item to be on the agenda must be provided to the
City Manager pursuant to a procedure established and modified by the City
Manager from time to time. Each item on the agenda must contain sufficient
information so that full disclosure of the item to be addressed is present so as to
alert the Council and the public of the topic to be considered.
(b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all
items for consideration in a format recommended by the City Manager. The name
of the person or persons placing an item on the agenda and the name of any
expected staff presenter shall be stated on the agenda.
(c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish
the Mayor and each Councilmember a copy of the agenda, including the proposed
ordinances, resolutions, petitions, notices, or other materials as required. Copies
of attachments and background material will generally be provided for the initial
presentation only and should be retained by the Mayor and the Councilmembers
until such time as the item is finalized.
(d) Copy Available to Public. A copy of the agenda, with or without attachments as
determined by the City Manager, shall be made available to the public at City
12-8-2015 Revised 6
Hall prior to the meeting. Copies of the agenda shall be available to the public at
the meeting.
(e) Order; Exception. The ordinances, resolutions, and other proposed actions shall
be taken up and disposed of by the Council in the order listed in the agenda,
subject to the right of the presiding officer to take up matters in a different order.
6.2 Communication to Mayor and Council. The City Manager shall provide the Council with
a copy of each ordinance or resolution and appropriate analysis of items proposed to be
acted upon by the Council at a meeting. These communications shall be delivered to the
Mayor and Councilmembers along with the agenda. This information should also be
retained by the Mayor and Councilmembers until such time as the item is finalized. Staff
members, in making presentations to Council at a meeting of the Council, should
endeavor to restrict their presentations to five (5) minutes, excluding responses to
questions by the Mayor and/or Councilmembers.
6.3 Approval of Minutes. Minutes may be approved without public reading if the City
Secretary has previously furnished the Mayor and each Councilmember with a copy
thereof.
6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor
and each Councilmember may bring before the Council any business that person believes
should be brought up during the “Requests by Mayor and Councilmembers” and
“Announcements by Mayor and Councilmembers” portions of the agenda. These matters
need not be specifically listed on the agenda unless the person desiring to make a
comment knows prior to posting of the agenda that he/she will make such comment. In
response to an unposted comment, there (1) may only be a statement of factual
information in response, (2) a recitation of existing City policy, or (3) discussion
regarding a proposal to place the subject on the agenda for a subsequent meeting.
6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant
City Manager) with respect to items believed to be non-controversial, the City Secretary
shall place multiple items on a “Consent Agenda” portion of the agenda, subject to the
right of the Mayor or any Councilmember to request at the meeting that any one or more
of such items be removed from the Consent Agenda for individual consideration. First
readings of ordinances shall in all events be posted for individual consideration and shall
not be included on the Consent Agenda.
ARTICLE 7.
CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be
presented to the Council only in printed, typewritten, or electronic form.
7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City
Manager or his designee.
12-8-2015 Revised 7
7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form
and legal content by the City Attorney, when requested by the Mayor or the City
Manager.
7.4 Funding. All actions authorizing an expenditure of money shall include the exact source
of the funds to be expended.
7.5 Reading of Caption Only. Upon being introduced, each proposed ordinance or resolution
shall be read by caption only.
7.6 Ordinances—Two Readings; Emergencies. Ordinances introduced at a Council meeting
shall not be finally acted upon until at least the next regular meeting, except that
immediate action may be taken upon an emergency as determined by the Council in
accordance the Charter or State law.
7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all
ordinances and resolutions and shall be entered in the minutes of the Council.
7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise
required by these Rules, the Charter, or State law, shall require the affirmative vote of
three (3) Councilmembers who are present and eligible to vote.
7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive
vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as
presiding officer shall not be restricted to voting only in the event of a tie.
7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance
on second reading or on a single reading as an emergency, the City Secretary shall assign
a number to each ordinance or resolution within the records of the City.
7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the
presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and
it shall be filed and thereafter preserved in the office of the City Secretary.
ARTICLE 8.
RULES OF DECORUM
8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the
Council without first being recognized by the presiding officer.
8.2 Order. While the Council is in session, the Councilmembers must preserve the order and
decorum of the meeting, and a Councilmember shall neither, by statement or otherwise,
delay or interrupt the proceedings or the peace of the Council or disturb any other
Councilmember while speaking or refuse to obey the orders of the presiding officer.
Councilmembers are expected to remain on the dais during a Council meeting unless they
have good cause to vacate.
8.3 Presiding Officer. The Mayor or the Mayor Pro-Tem or such other member of the
Council who is serving as the presiding officer may participate in debate, subject only to
such limitations of debate as are the rights and privileges of a Councilmember by reason
12-8-2015 Revised 8
of such Councilmember acting as the presiding officer. If the presiding officer is
engaged in debate and is, at the insistence of three (3) Council members, abusing the
position of the presiding officer, the presiding officer must relinquish the chair to the
Mayor Pro-Tem, or in his/her absence, to the next most senior Councilmember (by time
of service on the Council) present. The Mayor Pro-Tem or such other member, other
than the Mayor, who is serving as presiding officer may move, second, and debate from
the chair, subject only to such limitations of debate as are the rights and privileges of a
Councilmember by reason of the member acting as the presiding officer.
8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to
Section 2.5 or 8.5, he/she shall avoid all references to personalities and indecorous
language.
8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor
or another Councilmember when speaking unless it is to raise a point of privilege
(Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to
withdraw a previously-stated motion (Section 9.8), or as otherwise provided in these
Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the
Councilmember so interrupted should cease speaking until the question is determined.
ARTICLE 9.
MOTIONS AND MEETING PROCEDURES
9.1 Motions. A Councilmember, after he/she obtains the floor, or the Mayor may make a
motion on the particular subject of discussion or a procedural point as permitted. A
“Second” to the motion, if required, must be made by a Councilmember who did not
make the motion within a reasonable but brief time period. The Mayor may not
“Second” a motion. A motion or a “Second” merely implies that the maker of the motion
and the person who “Seconds” agree that the motion should come before the meeting and
not that he/she necessarily favors the motion. Without a “Second”, if required, the
motion dies.
9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion
as stated by the presiding officer.
9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories:
Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main
Motions(1 type)*. When any motion is pending, any motion listed above it on the chart
below is in order; those below it are out of order.
Motion
May
Interrupt
Speaker
Second
Required Debatable Amendable
Resolved
by Chair
No Vote
Affirmative
Vote by 3
Council-
members
2/3
Vote
A. Meeting Conduct Motions
1. point of privilege yes no no no yes no no
* Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order,
ABA Publishing, 2nd Edition.
12-8-2015 Revised 9
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
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
** Mandatory if seconded; no vote required
12-8-2015 Revised 10
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.
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.
12-8-2015 Revised 11
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.
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
12-8-2015 Revised 12
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 Obligated to Abstain.
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
the Council Member left the room and abstained from the vote in the official minutes and
there shall be no other effect.
When the Council Member as no Legal Obligation to Abstain from Voting.
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.
ARTICLE 10.
ENFORCEMENT OF DECORUM
10.1 Warning. All persons other than a recognized speaker shall, at the request of the
presiding officer, be silent. If, after receiving a warning from the presiding officer, a
person persists in disturbing the meeting, the presiding officer may order the person to
leave the meeting. The Chief of Police, or such member or members of the Police
Department or other persons as the presiding officer may designate, shall be sergeant-at-
arms of the Council meetings. If the person so requested does not leave the meeting, the
presiding officer may order the sergeant-at-arms to remove such person.
10.2 Removal. Any designated sergeant-at-arms shall carry out all orders and instructions
given by the presiding officer for the purpose of maintaining order and decorum at the
Council meeting. Upon instruction of the presiding officer, it shall be the duty of the
sergeant-at-arms to remove from the meeting any person who intentionally disturbs the
proceedings of the Council (or successor provision of law).
10.3 Resisting Removal. Any person who resists removal by the sergeant-at-arms shall be
charged with violating Section 42.05 (a) of the Texas Penal Code.
10.4 Motions to Enforce. Any Council member may move to require the presiding officer to
enforce these Rules and the affirmative vote of a majority of the Councilmembers present
and eligible to vote shall require the presiding officer to do so.
10.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups
of persons so as to render the orderly conduct of such meeting unfeasible and when order
cannot be restored by the removal of the individuals who are creating the disturbance, the
12-8-2015 Revised 13
meeting may be adjourned and the remaining business considered at the next regular or a
special meeting or, subject to State law, may be recessed to a set time and date.
ARTICLE 11.
CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS
11.1 Standing Committees. The Council may create committees, boards and commissions to
assist in the conduct of the operation of the City government with such duties as the
Council may specify not inconsistent with the Charter, the Code of Ordinances, or State
law. Membership and selection of members shall be as determined by the Council if not
specified by the Charter, the Code of Ordinances, or State law. No person may
concurrently serve on more than one Board unless, by virtue of his/her position on the
Council, he/she also holds a position on another Board. Persons related within the second
degree by affinity or consanguinity to the Mayor or any member of the Council shall not
be eligible to serve on a standing committee. No standing committee so appointed shall
have powers other than advisory to the Council or to the City Manager, except as
otherwise specified by the Charter, the Code of Ordinances, or State law.
11.2 Special Committees. The Council may, as the need arises, authorize the appointment of
“ad hoc” Council committees. Except where otherwise specifically provided by the
Charter, the Mayor and the City Council shall appoint the members of the special
committees. Any committee so created shall be given a “mission statement” directing its
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.
12-8-2015 Revised 14
12.4 Public Hearings. After being recognized by the presiding officer, interested persons, or
their authorized representatives, may address the Council with respect to the subject
matter of a public hearing being conducted. The presiding officer may establish
procedures at a public hearing to limit the amount of time (which, unless modified by the
presiding officer, shall be as set forth in Section 12.2 above) interested persons may
speak, subject to the Councilmembers’ right to appeal the presiding officer’s ruling
pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to
the Councilmembers’ right of appeal pursuant to Section 9.6, the normal order of a public
hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a
modified public hearing procedure by the presiding officer; (ii) address to the Council by
any interested person(s); (iii) discussion by the Mayor and Councilmembers, including
requests for information from City staff or any person(s) who addressed the Council; and
(iv) action by the Council, if any is posted on the agenda relating to the hearing.
12.5 Written Communications. Interested persons, or their authorized representatives, may
address the Council by written communication in regard to any matter concerning the
City’s business or over which the Council has control at any time by direct mail or by
addressing the City Secretary, who shall, on the request of the writer, distribute copies to
the Councilmembers.
12.6 Hearing of Residents. There shall be included on the agenda of each City Council
meeting an item labeled “Hearing of Residents”. After being recognized by the presiding
officer, members of the public (giving precedence to residents of the City) may address
the Council on items on or not on the agenda at that time, providing they have completed
the “Hearing of Residents” form, unless authorized by the presiding officer. The form
shall be made available to persons wishing to address the Council prior to the calling of
the meeting to order and such completed form shall be made available to the presiding
officer prior to the calling of the meeting to order. The persons signed up for “Hearing of
Residents” must speak during the “Hearing of Residents” portion of the meeting.
Councilmembers and members of City staff may not discuss unposted items nor take any
action thereon other than to (1) make a statement of factual information, (2) make a
statement of existing City policy, or (3) discuss placing the item on a future agenda.
Persons speaking shall be subject to the time limits set forth in Section 12.2, unless
otherwise authorized by the presiding officer.
ARTICLE 13.
COUNCIL AND STAFF RELATIONS
13.1 City Manager to Provide Information. The City Manager is directly responsible for
providing information to all the Councilmembers concerning any inquiries by a specific
Councilmember. If the City Manager or his staff’s time is being dominated or
misdirected by a Councilmember, it is his responsibility to inform the Mayor or the
Council as a whole.
13.2 City Manager’s Responses to Requests. The City Manager is expected to respond in a
timely manner to the Council and Councilmember’s requests. When information is
requested, the City Manager will estimate a reasonable time frame for collecting the
requested information.
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(a) If the City Manager disagrees with the request, he should say so and explain his
position.
(b) If the City Manager disagrees with individual directives, he should initiate
clarification of the Council’s will with regard to the individual
Councilmember’s request.
(c) The City Manager may delegate responsibility for the response as necessary and
appropriate, but the City Manager will be responsible for its receipt by the
Council in a timely manner.
(d) The City Manager should maintain a checklist and timetable for requests and
other directives of the Council.
(e) All Councilmembers will be provided the same written information when any
matter under consideration may be of general concern to the Council. There will
be no preferential dissemination of information by the City Manager or his staff.
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.
* * *
12-8-2015 Revised 16
Amended: December 8, 2015