Loading...
01-26-2016 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL January 26, 2016, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a tea Call to Order — City Council Regular Session Opening Prayer and Pledtes of Allegiance to the Flays of the United States and State of Texas. (Mayor Pro -Tem Fowler) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /B. Cantu) • Announcements and recognitions by City Manager (J. Kessel) Proclamation • School Board Recognition Month. (Mayor /G. Inmon /SCUCISD Board Members) 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. 01 -26 -2016 Council Agenda Workshops • Discussion regarding extending responsibilities of inspections to the engineer of record for professionally engineered projects. (B. James) (Item requested by Councilmember John) • Discussion regarding revising the Tree Mitigation Ordinance. (B. James /C. VanZandt) (Item requested by Councilmember John) • Discussion regarding permitting requirements for fences and sheds. (B. James /L. Wood/B. Cox) • Presentation and update regarding Pay Day Loans. (B. James) • Discussion and possible action regarding requested letters of support for housing tax credit applications for proposed apartment projects. (B. James) Discussion and Action Items 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of January 12, 2016, and the Special Meeting of January 15, 2016. (J. Kessel /B. Dennis) 2. Resolution No. 1.6 -R -01 — Consideration and/or action approving a Resolution appointing Andrew Hunt to the Board of Directors Place D -2 of the Schertz Seguin Local Government Corporation. (D. Wait) 3. Resolution No. 16 -R -02 — Consideration and/or action approving a Resolution authorizing the acceptance of the 2015 Racial Profiling Report. (D. Wait /M. Hansen) 4. Resolution No. 16 -R -03 — Consideration and /or action approving a Resolution authorizing the city manager to negotiate and sign an amendment to the current contract with GBRA extending the term to August 31, 2016. (D. Wait /S. Willoughby) 5. Resolution No. 16 -R -04 — Consideration and /or action approving a Resolution reappointing Councilmember Daryl John to the Board of Directors of the Lone Star Rail District for a two -year term to run from February 1, 2016 to February 1, 2018. (B. Dennis /Mayor /Council) 6. Ordinance No. 16 -D -01 - Consideration and/or action approving an Ordinance amending the Code of Ordinances of the City of Schertz by revising Article V, Section 86 -149 Parking Prohibited on Roadways Maintained by the City of Schertz, parking restrictions on David Lack Boulevard. First Reading (B. James /K. Woodlee) 7. Ordinance No. 16 -M -02 - Consideration and/or action approving an Ordinance amending the City Council Code of Ethics by adding language regarding media contact. First Reading (Mayor /Council /C. Zech) Roll Call Vote Confirmation 01 -26 -2016 City Council Agenda Page - 2 - Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 9. 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. 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items 11. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Council Compensation. (B. Cantu/J. Walters) Executive Session 1.2. City Council will meet in closed session under section 551.087 of the Texas Government Code, Deliberation regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. • Project E -018 Reconvene into Regular Session 1.2a. Take any necessary action based on discussions held in closed session under Agenda Item number 12. Roll Call Vote Confirmation 01 -26 -2016 City Council Agenda Page - 3 - 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 22ND DAY OF JANUARY, 20] 6 AT 2:00 P.M. WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. 1�*VI,Vup schwLo6zeL Donna Schmoekel, Deputy City Secretar I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2016. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor Pro -Tem Fowler — Place 1 Audit Committee Interview Committee for Boards and Commissions Interview Committee for Boards and Commissions Schertz Housing Board Liaison Investment Advisory Committee Randolph Joint Land Use Study (JLUS) Executive TIRZ II Board Committee Schertz Seguin Local Government Corporation 01 -26 -2016 City Council Agenda Page - 4 - Councilmember Azzoz — Place 2 Councilmember John — Place 3 Animal Control Advisory Committee Lone Star Rail District Sweetheart Advisory Committee Councilmember Edwards — Place 4 Councilmember Thompson Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 01 -26 -2016 City Council Agenda Page - 5 - CITY COUNCIL MEMORANDUM City Council Meeting: January 26, 2016 Department: Subject: BACKGROUND City Secretary Minutes Agenda No. 1 The City Council held a Regular Meeting on January 12, 2016 and a Special Meeting on January 15, 2016. FISCAL IMPACT RM Staff recommends Council approve the minutes of the Regular meeting of January 12, 2016 and the minutes of the Special Meeting of January 15, 2016. ATTACHMENTS Minutes — Regular meeting of January 12, 2016. Minutes — Special meeting of January 15, 2016. MINUTES REGULAR MEETING January 12, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 12, 2016, . 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 -Tern Fow Councilmember Grumpy Azzoz Councilmember Dar) Councilmember Cedric Edwards Councilmember Rbi Staff Present: City M, Executive Director Brian James Executi Executive Director Bob Cantu City At, City Secretary Brenda Dennis Call to Order — City Council Regular Session Mayor Carpenter called the meeting to order at 6:03 p.m. (Councilmember Thompson) Wait Councilmember Thompson provided the opening prayer followed by the pledges of allegiance to the flags of the United States and,thp, Mate of Texas. Mayor Carpenter stated that last time he allowed the Student Mayor to also call the meeting to order and he recognized Kelsey dyers who banged the gavel calling the meeting to order. • Introduction of the, Student Mayors and Student Councilmembers for the Day. (Mayor Carpenter) Student Mayors = 1?obie Jr. Nigh, 8th Grade James Kemter and Corbett Jr. High, 8th rade Kelsey Ayers,. Student Councilmembers — Dobie Jr. High, 7th Grade Raymond Ambrose and Corbett Jr. High, 7,t' Grade Kyle Dorsey Mayor Carpenter recognized the Student Mayors and Student Councilmembers for the day. Each student provided brief :information on what they learned during the day. Mayor Carpenter, Superintendent Greg Gibson and City Manager John Kessel presented each student with a plaque and certificate in recognition of their participation in the Student Mayors and Student Councilmembers for the Day Program. Mayor Carpenter recognized City Secretary Brenda Dennis and Social Studies Coordinator Rebecca (Becky) Williams who came forward thanking all those that participated in the success of the program today. Mayor Carpenter recessed the meeting at 6:1.7 p.m., for photos. 01 -12 -201.6 Minutes Page - 1 - Mayor Carpenter reconvened the regular meeting at 6:24 p.m. City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /B. Cantu) No announcements were made. • Announcements and recognitions by City Manager (J. Kessel) No announcements were made. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Edeh:person should fill out the speaker's register prior to the meeting. Presentations should be limited to ,no more than 3 minutes. Mayor Carpenter reco • Mr. Richard Diewit, 2550 Chasefield Drive, who spoke as a member of the Guadalupe County Crime Strippers. Ike. thanked city representatives who met with a group from the ,governor's office who came to, see if Schertz would be a good place to have a convention. He", thanked Maggie Titterington, Jake Jacobs, Sue Boissonneault Jaclyn Ponder, Kyle Kinat der, Robin Thompson and especially Erin Matlock, who put together a group of things die conventioneers could do while in the City of Schertz. The next step is to go in February to Odessa to promote Schertz as the city to hold the convention in 2017. He thanked ever on' for doing an excellent job. • Ms. Laurie Crites, 81.28 Garden. North., who spoke about the Adult MegaPlex billboard on IH -35 which alarms her. She shared some porn addiction statistics with council. She asked council to definitely send the letter in Agenda Item #2. She wants our city to be protected from porn addiction. She wants the billboard advertisement taken down. • Mr. Miguel Gutierrez, 2608 Patron Village, who expressed on behalf of his family their deep gratitude to the City of Schertz for the use of the Civic Center and city personnel and volunteers assisting last Tuesday when his father, Henry Gutierrez, was buried. The family 01 -12 -2016 Minutes Page - 2 - appreciates the huge outpouring of support from the City. With regard to Bexar Waste, the company is rock solid and they are committed to the same level of service that his father demanded. Nothing will change there. He hopes he can fill his father's role and you can call him any time. He thanked the city staff again for everything they have done. Discussion and Action Items 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of January 5, 2016. (J. Kessel /B. Dennis) Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Edwards to approve the minutes of the Reguiar:Meeting of January 5, 2016. . The vote was unanimous with Mayor Pro -Tem Fmy,1 rr, Comicilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion�passed. 2. Resolution No. 16 -R -01 — Consideration and/or, action approving a Resolution authorizing the issuance of a letter from the City of Schertz regarding the Adult M Alex billboard located at Schertz Parkway and IH 35. (B. Jame §),,, The following was read into record: Mayor Carpenter recognized' Councilmember Azzoz who stated we have to be careful because we pare infringing ou;free enterprise. He is looking at the legal part of it and the right of businesses and their right to advertise. He does not think we can successfully defeat this. He made reference to the online retailer Amazon.com and what they are selling nationwide. He is not saying this is a great thing to have. It's just a business and he is for the rights of protecting individuals and their businesses. Mayor Carpenter recognized Councilmember Fowler who said he thinks we should take some action about our displeasure regarding the billboard advertisement but we may want to consider how we can involve the community and our churches working together in unity. He thinks this letter would only be a beginning but it has to start somewhere. This could be an opportunity for all of our churches working together. Mayor Carpenter recognized Councilmember John who said people are going to do what they want but he thinks it doesn't hurt to ask —maybe the billboard owners will be sympathetic and take the advertisement down. 01 -12 -2016 Minutes Page - 3 - Mayor Carpenter recognized Councilmember Edwards who said maybe citizen involvement is the way to go (i.e. a petition). People have free will. So do the advertisers. If we do send a letter, we also have to send it to the billboard owner. Billboards command $2,600+ per month. There are also some economic questions we need to be aware of. Discussion continued regarding constitutional rights, freedom of enterprise, advertisement patterns, etc. Mayor Carpenter said that on the advice of their legal counsel, he would like to talk to them about this matter, so under The Texas Code 551.071 they are going to go into executive session at this time. Mayor Carpenter recessed the meeting into Executive Session under section 551.072 Consultation with the City Attorney at 6:52 p.m. Mayor Carpenter reconvened back into open session at 7 :07 p.m. Mayor Carpenter recognized Councilmember Azzoz who recommended tabling this item for discussion at another time. Mayor Carpenter recognized Councilmember Edwards who stated he feels the established trust amongst council May have been a little bit mired recently and he feels we need to get back that,txst amongst ourselves, our colleagues, and departmental staff. He had asked for this to be put on the ,agenda to find out if our legal counsel could provide anything to help us add clarity with ciiz code of conduct and code of ethics in regard to public media matters. Mayor Carpenter said each councilmember has a first amendment right to say just about anything they want to say at any time. He asked Councilmember Edwards if he wanted legal counsel to come forth at a future meeting with a presentation on this topic. Mr. Edwards said while he doesn't want to infringe on individual rights he also does not want to see any hindrance occur toward what our staff is doing. What we saw over the last couple of weeks was a clear case of hindrance. This is his only concern. He asks that we prepare something about how to handle public media matters and add it to our city code of ethics. 01 -12 -2016 Minutes Page - 4 - Mayor Carpenter recognized Councilmember Thompson who said maybe it could be something that states if there is any interview by a councilmember, there has to be a representative from the City Information Office also present at that interview to assist and provide guidance to the councilmember being interviewed. Mayor Carpenter recognized Councilmember Azzoz who stated what he said in the media interview recently was clearly posted in the newspaper. He did not hinder anything. Mayor Carpenter interrupted the discussion to remind everyone to stay on the subject specifically posted on the agenda. Councilmember Edwards responded that he is only asking for some type of parameters to be added that would specifically address publi 'media matters. Mayor Pro -Tem Fowler and Councilmember John both e of what is said by council; to be aware of our credibil especially when it is about high profile emerger Councilmember John stated we should be very sensitive t City Attorney Charles Zech offered to get with staff to infringe on any first amendment rights b4 will " gets ac media relation issues should be handled. He gets the fe with information when it is provided by council and to enforcement and any other privacy concerns that may aril about being careful nt with our words, ins, or tragedies. some language that would not the position of council on how that we just want to be careful in mind the intricacies of law a result of their speech. licly apologize to Councilmember Azzoz him. Councilmember Edwards stated he the future on which they all can rely on. ;il already has the ability to police and )re upfront could become problematic. He y to police ourselves. Forfiurther clarification, City Attorney Charles Zech stated his understanding of what is being asked for is guidelines on how e might handle issues of a sensitive nature —and that is all it would be. There would not be arty14anguage stating if you do this, these are the ramifications. It would just be sort of common sense guidance on how to handle issues drafted in a way that we woulil:not be treading, upon any constitutional rights. Mayor Carpenter recognized City Manager John Kessel who stated he feels it would be beneficial on th`tafflevel to initiate some media training not only to council but to executive management, department heads and any other staff member who may have an opportunity to meet with the media. He proposed that Public Affairs Director Linda Klepper work with our Emergency Operation staff and develop a training program that could be useful to staff and other individuals such as Citizens on Patrol that interact with us regularly. Councilmember John stated he thinks that TML offers such a class that we could look into. Mayor Carpenter stated he feels a need to put out a motion and see how the council feels about it. With deference to action taken by the Schertz City Council on April 16, 1974 with regard to the selection of a Mayor :Pro -Tem, Mayor Carpenter moved that this council pursuant to our rules of procedure, and particularly Article V, Section 5. 1, subsections (a), (b), 01 -12 -201.6 Minutes Page - 5 - and (g), establish by rule and as such in this case a standing rule that mayors pro -tem shall be appointed for a term of one year beginning and ending in February of each year. And that said, mayors pro tem shall be appointed by a majority vote of council following a properly made motion to appoint a member who is both eligible and in good standing with council at the time the motion is made and that such rule take effect immediately. Councilmember John seconded the motion. The vote was 3 -2 -0 with Councilmembers John, Edwards, and Thompson voting yes, Mayor Pro -Tem Fowler and Councilmember Azzoz voting no. Motion Passed. A short discussion continued as to the `history' of the rotation of`the. Mayor Pro-Tern versus the appointment and the length of time served as mayor pro -tem. History went back to former Councilmember /General Marsh who at that time felt the tern should be rotated every six months amongst each councilmember. • Discussion and consideration and /or action regarding the confirmation; appointment or election of the Mayor Pro Tempore. Mayor Carpenter moved that Councilmember Cedric Edwards be appointed Mayor Pro -Tem for a period of one year immediately following the expi ation of Mayor Pro -Tem Fowler's term of service. Councilmember John seconded the motion. The vote was 3 -2 -0 with Councilmembers John, Edwards; and Thompson voting yes, Mayor Pro -Tem Fowler and Councilmember Azzoz votine no. Motion Passed. Roll Call Vote Confirmation Mayor Carpenter recognized amity Secretary Brenda Dennis agenda item 1, and the td' (2) workshop items. 3. nests and Announ • Citizen Kudos; Recognition of City employee actions New Denartmontal initiatives provided the roll call votes for Mayor Ctppenter recognized City Manager John .Kessel who reminded everyone that council would be ha Ing their retreat at the GVEC Operations Center Training Room this coming Thursday and Friday. On Thursday, city staff will be there and on Friday, City Council will be there with staff joining them in the afternoon. After the meeting tonight please visit with the City Secretary ( Councilmembers John, Azzoz, Fowler and Edwards) to provide her with some needed information regarding the retreat. Also, the City held two groups today in the council chambers 1) The Chamber Leadership Core, and 2) Student Mayor and Student Councilmember for the Day Program. They had very impressive results from these activities. A lot of staff participated, including City Secretary Brenda Dennis, Director of Public Affairs Linda Klepper, Officer Helen Lafitte, Parks Manager Chuck VanZandt, City Engineer Kathy Woodlee, and Director of Planning and Community Development Lesa Wood and GIS Coordinator Tony McFalls. There were other 01 -12 -201.6 Minutes Page - 6 - staff members that participated in both of these exercises. He hopes to see us continue in these student programs. He congratulated Brenda Dennis and Linda Klepper for today's success. 4. 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. No items were requested. 5. Announcements by Mayor and Councilmembers • City and community events attended and to, be attended • City Council Committee and Liaison Assignments (see • Continuing education events attended And to be attende • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor this Fowler who J month as the ted to verify the dates of , and 4th Tuesdays. City Azzoz who stated at `Operation Comfort' they unded soldiers going through rehab. He will Y• wards who stated General Marsh's husband Carpenter reeognized Cciuncilmember Thompson who complimented city staff of the Civic Center 'in showcasing the Civic Center to the Texas Crime Stoppers atative on Friday.: Mayor Carpenter also mentioned that regarding the passing of General Marsh's husband any visit or card sent her way would be appreciated. Executive Session 6. City Council will meet in closed session under section 551.074 of the Texas Government Code, Personnel. Matters, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Mayor Carpenter recessed the meeting into Executive Session under section 551.074 of the Texas Government Code, Personnel Matters, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary at 7:45 p.m. 01 -12 -2016 Minutes Page - 7 - Reconvene into Regular Session 6a. Take any necessary action based on discussions held in closed session under Agenda Item number 7. Mayor Carpenter reconvened back into open session at 9:16 p.m. Mayor Carpenter recognized Mayor Pro -Tem Fowler who made a motion to give the City Secretary a pay increase of 2% effective immediately, seconded :by-,Councilmember Azzoz. 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 vote for agenda item 6a. Adjournment Mayor Carpenter adjourned the meeting at 9.18 p.m. Michael Carpenter, Mayor ATTEST: 01 -12 -2016 Minutes Page - 8 - MINUTES SPECIAL WORKSHOP MEETING January 15, 2016 A Special Strategic Planning Session Retreat Workshop meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 15, 2016 at 8:30 a.m., at the GVEC Western Operation Center Meeting Room, Seguin, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Cedric Edwards Councilmember Robin Thompson Staff Present: Executive Director Brian James Executive Director Bob Cantu City Secretary Brenda Dennis Assistant to City Manager Sarah Gonzalez Councilmember Grumpy A= was absent. Guests Mr. Richard Dziewit, 2550 Chasefield Mr. Glen Outlaw, 3729 Forsyth Park Mr. Robert Brockman, l 000 Flbel_Road. to Mayor Carpenter called Mayor Pro -Tem Jim Fowler Councilmember Dar l,John City Manager J a.m. tive u Myles Wait ale Kinateder 1. Discussion andappropriato action on strategic planning issues, including but not limited to, policy values and rioritizatitan, discussion of strengths, weaknesses, opportunities, and threats (SWOT), ma dr,project , and how to apply the information to assist in appropriate priority based decisiot making. (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who went over the format for the day, providing; information on the previous day with staff. He stated today they wanted to deal with some big issues, talk them through and say what they are and discuss the general direction we want to go. He stated that we also want to get alignment between. Councilmembers and each other, between staff and each other and finally staff and council as a body so we are all going in the same direction. These are the two (2) big goals and what today is, is a strategic planning session which is coming after the team building session we had in December and before the pre- budget we will be doing in March. Mr. Kessel stated that if you will recall team building is about getting everyone together and learning how to deal with the complex issues, we talked a lot about vulnerability based trust. Once you trust people in 01 -15 -201.6 Minutes Page - 1 - C that way, then you can have genuine conflict, because what you are trying to do with that conflict is get to the truth so you don't just have to be in agreement and predicting what the other person will say, avoiding hard or difficult issues. The transition to March is where we are trying to look at that five (5) year window and say where we want to be five years and then what does this year's budget need and can reflect where we want to get to five years from now. This session is between these two and picture perhaps look at a twenty (20) year vision and where would we want to be and what would we have wanted to accomplish as an organization, realizing we will be getting into the five year and one year in March with the budget. This is high level and the kinds of issues we want to you said, in the context of this year's budget would from I need to have a final answer, a final solution, going to cost, the exact dollar amount and where it today you will probably have a feeling of angst and about 20 year kind of issues. It will take u ,20 yeE revenue to fund, and 20 years of decision shaking. C those important few things are and how do we put thf have continuity while we work on those. :uD a.m. challenges with local government is that we s essentially every year, potentially every two a,d :how do you have continuity over a long hat vision'. Part of a strategic plan is to create a speak to whomever is in office this year, next a living document, it doesn't have to be final 1 that test of time to get us there. Mr. Kessel hat lie borrowed from taking one of the Dale -e and the purpose of strategic planning. Mr:, Kessel continued, stating that today Council will be going over the City's Policy and Operational values staff has been working on to also get alignment with the Council's. Topics of the City's Policy Values included: Safe Community, Essential Services, High Quality ofL >ife, Attractive Community, Economic Prosperity and Fiscally Sustainable. Mayor Carpentr recessed the meeting for a brief lunch break at 11:56 a.m., and went back into session at 12:07 p.m. Mayor and Council discussed the following topics: Systems Management, Engaged Workforce, Service Oriented, Innovative and proactive. Guest Richard Dziewit left the meeting at 12:54 p.m. 01 -15 -2016 Minutes Page - 2 - Management staff joined the Mayor and Council at 1:00 p.m. and Mayor and Council and staff continued their discussions providing a pre -swot dialogue on each of the values which included discussion about future needs, roads, facilities, staffing etc. Guest Robert Brockman arrived at 1:41 p.m. Mayor, Council and staff continued their dialogue and staff provided their SWOT analysis that was completed the day before with the following: • Safe Community — Presenters Mike Hansen, Kyle KinatMe"r • Essential Services — Presenters Kathy Woodlee, Brenda Dennis • High Quality of Life — Presenters Linda Klepper, huek VanZandt • Attractive Community — Presenters Lesa Wood Melissa CJhlhorn Guest Glen Outlaw left the meeting at 2:12 p.m. Mayor Council and staff continued discussion with staff and presenters • Economic Prosperity — Presenters Tony McFalls, Jason Mabbitt Councilmember Edwards left the meetin, at 2:36 p.m. Mayor Council and staff continued discussion with staff and presenters for the following: • Fiscally Sustaiha l - Presentersl�uan. Santoya Jessica Kurz Counciln�ember Daryl. John left the meeting at 3:30 p.m.; a quorum of Council was no longer present. Mayor, Council and staff concluded their day wrapping up discussions. Adjournment As there was no further business the meeting was adjourned at 4:28 p.m. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 01 -15 -2016 Minutes Page - 3 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: January 26, 2016 Department: Management Subject: Resolution No. 16 -R -01— Approving a Resolution appointing Andrew Hunt to the Board of Directors Place D -2 of the Schertz Seguin Local Government Corporation (SSLGC) BACKGROUND The SSLGC Board D -2 position currently held by Mr. Kerry .Koheler /Seguin has a term that expired on December 31, 2015, This is scheduled to be filled by the City of Schertz and the new board member will take effect January 1, 2016. It is staff's recommendation that the City of Schertz appoint Mr. Andrew Hunt to serve on the Schertz Seguin Local Government Corporation (SSLGC) Board of Directors Place D -2 for the term commencing on January 1, 2016 and ending on December 31, 2020 (the "Term "). He has been contacted and has agreed to serve. FISCAL IMPACT None Approve Resolution No. 16 -R -01 appointing Mr. Andrew Hunt to the Board of Directors Place D -2 of the Schertz Seguin Local Government Corporation. ATTACHMENT(S) Resolution No. 16 -R -01. Application RESOLUTION NO. 16 -R -01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPOINTING ANDREW HUNT TO THE BOARD OF DIRECTORS PLACE D -2 OF THE SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City appoint Andrew Hunt to serve on the Schertz Seguin Local Government Corporation ( "SSLGC ") Board of Directors Place D -2 for the term commencing on January 1, 2016 . and ending on December 31, 2020 (the "Term "); and WHEREAS, the City Council has determined that it is in the best interest of the City to appoint Andrew Hunt to the SSLGC Board of Directors Place D -2 for the Term; and THAT: Section 1. The City Council hereby appoints Andrew Hunt to serve on the SSLGC Board of Directors for his recommended Term. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person . or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 26th day of January, 2016. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) Andrew Hunt, PE, CFM Project Manager Andrew Hunt, PE, CFM brings more than 11 years of program and project management experience to our Clients. As a licensed Texas Professional Civil Engineer and a Certified Facility Manager, he serves our Clients as an Owner's Representative and Project Manager for capital building projects. Mr. Hunt also leads our Strategic Asset Management services where he works alongside facility and executive leaders to identify and prioritize facility improvements that maximize the benefits of action within limited available budgets. Over his career, Andrew has performed oversight and execution of building design and assessments; facility asset management and operations consulting; geotechnical design and reviews; design and construction management of civil infrastructure projects; and environmental assessments and permitting. He is also highly knowledgeable in cost estimating and leading solicitation, selection, contract negotiation, and management of design and construction services. Mr. Hunt has developed, managed, and provided engineering for Capital Improvements Projects for roadways, major municipal utilities, and support facilities. Mr. Hunt is known to work alongside Clients and community leaders to identify and prioritize infrastructure improvements to maximize the community benefit within limited available budgets and in support of funding cash flows. Mr. Hunt's technical experience with municipal facilities includes design and analysis of raw water delivery and treated water distribution systems. Mr. Hunt has performed design, analysis, valve and pump selection, and value engineering for water pump stations sized from 4 MGD to 444 MGD. He has experience with the planning, design, construction oversight, and assessment of pipelines from diameters of 20 to 154 inches with individual transmission main lengths of over 20 miles. His horizontal directional drill (HDD) experiences ranges from construction feasibility studies to complete planning and design for pipelines and conduits ranging in size of 2 to 48 inches with lengths from 500 to 12,600 linear feet. He has presented his work both in Texas and nationally on HDD, pipeline asset management, and GIS innovations. Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: January 26, 2016 Department: Police Department Subject: Resolution No. 16 -R -02 - Annual Racial Profiling Report of 2015 BACKGROUND Presentation and consideration and /or action regarding the 2015 . Annual. Racial Profiling Report. Texas Code of Criminal Procedure Article 2.134 requires the chief administrator of the law enforcement agency to submit an annual report concerning data obtained on traffic stops to the governing body of the municipality served. Community Benefit Provides documentation of the activities of the City's police department in the area of traffic enforcement. Summary of Recommended Action The annual racial profiling report is submitted for review. FISCAL IMPACT No fiscal impact. RECOMMENDATION Staff recommends acceptance of the resolution accepting the 2015 Annual Racial Profiling Report. ATTACHMENT(S) 2015 Annual Racial Profiling Report Letter of explanation Resolution accepting racial profiling report 50631771.1 RESOLUTION NO. 16 -R -02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF THE 2015 RACIAL PROFILING REPORT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Article 2.134 of the Texas Code of Criminal Procedure, as amended, requires the chief administrator of a law enforcement agency to submit an annual report to the governing body of the municipality served that contains data obtained on traffic stops during the previous calendar year, including an analysis of both the number of motor vehicle stops and the disposition of such cases based on the race or ethnicity of the affected persons (the "201.5 Racial Profiling Report"); WHEREAS, the Chief of Police of the City of Schertz (the "City ") submitted the 2015 . Racial Profiling Report to the City; WHEREAS, the Chief of Police and City staff recommend that the City accept the 2015 Racial Profiling Report; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept the 2015 Racial Profiling Report. THAT: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby accepts the 2015 . Racial Profiling Report. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 26th day of January, 2016. . CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - January 6, 2016 City Council City of Schertz Re: Annual Racial Profiling Report SCHERTZ POLICE DEPARTMENT MICHAEL R. HANSEN, CHIEF OF POLICE 1400 SCHERTZ PARKWAY BLDG 6 • SCHERTZ, TEXAS 78154 OFFICE: 21.0- 619 -1.213 • FAX: (210) 619 -1220 MHANSEN @SCHERTZ.COM In accordance with the Texas Code of Criminal Procedure Article 2.134 the attached compilation of traffic stop information is submitted. The required report must include the race or ethnicity of the individual detained, whether a search was conducted, if the individual detained consented to the search and if the officer was aware of the race or ethnicity of the individual before the stop was conducted. In addition to the statistical report, it must also provide information relating to each complaint filed with the agency alleging that an officer engaged in racial profiling. There were no complaints alleging that a Schertz Police Officer engaged in racial profiling during this reporting period. The law specifically states that data collected as a result of the reporting requirements shall not constitute prima facie evidence of racial profiling. In fact, I believe the data supports the recognition that the Schertz Police Department continues to ethically and impartially enforce the laws and ordinances for which we are responsible. United in a spirit of teamwork, the Schertz Police Department, as a regional leader and in partnership with the Community, is devoted to excellence in innovative and proactive public service and safety while contributing to an exceptional quality of life. 5 Michael R. Hansen, Chief of Police Sch, sritz, T3,f ,,P-,,,D CONFIDENTIAL '11:1 Racial Profile Tier 1 HB3389 Report Created: 1/5/2016 7:34:04 AM 1 of I Powered by: Obray Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: January 26, 2016 Department: Public Works Subject: Resolution No. 16 -R -03 — Authorizing the City Manager to negotiate and sign an amendment to the current contract with the Guadalupe- Blanco River Authority extending the term to August 31, 2016 In 1976, the Guadalupe - Blanco River Authority entered into a forty year agreement with the landowner and developer of the Northcliffe Subdivision to provide waste water treatment. Upon annexation of the subdivision and the dissolution of the Northcliffe Municipal Utility District, the City became a party to this agreement. Today, GBRA continues to provide waste water treatment for a portion of the residences in Northcliffe and subsequent developments. They do this through their small treatment plant located at the Northcliffe Golf Course. The golf course is a direct party in this agreement as well since they receive the treated effluent to water their landscaping. This treatment plant is permitted to treat up to 300,000 gallons of waste water a day, but due to age and other limiting factors, flows that exceed approximately 220,000 gallons a day are diverted to the Cibolo Creek Municipal Authority treatment system by agreement between the City, CCMA and GBRA. City staff desires to eventually take all of this waste water and send it to CCMA for treatment but due to a number of factors, this will not be possible for next three to five years. As a result, we need to enter into a new agreement with GBRA to maintain the operation of this treatment plant until the City is ready to send the entire flow to CCMA. The current agreement is slated to expire February 1, 2016. In order to have appropriate time to craft a three to five year agreement between the City, GBRA and the Northcliffe Golf Course, GBRA has asked that we make an amendment to the 1976 agreement extending the term of this agreement until August 31, 2016, the end of the current fiscal year for GBRA. City staff recommends Council authorize the City Manager to negotiate and sign an extension to the current agreement through August 31, 2016. FISCAL IMPACT The City has budgeted and will pay GBRA approximately $296,000 for the operation of the Northcliffe WWTP during this fiscal year. These funds are included in the approved FY 2015 -16 Budget and no additional cost will be incurred as a result of extending the current agreement. RECOMMENDATION Approve Resolution No. 16 -R -03 authorizing the City Manager to negotiate and sign an amendment extending the current agreement with GBRA for the treatment of waste water. ATTACHMENT(S) Resolution No. 16 -R -03 Wastewater Reclamation Contract — GBRA and Guadco MUD Assignment of Wastewater Reclamation Contract NC Golf Course RESOLUTION NO. 16 -R -03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND SIGN AN AMENDMENT TO THE AGREEMENT WITH GBRA AND THE NORTHCLIFFE GOLF CLUB EXTENDING THE TERM TO AUGUST 31, 2016 AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City acquired the Northcliffe Subdivision and the Municipal Utility District (MUD) through annexation in December 2001.; and WHEREAS, The Wastewater Treatment Plant (WWTP) located in the subdivision is operated by Guadalupe Blanco River Authority (GBRA); WHEREAS, The MUD had a 40 -year contract with GBRA to operate the permitted 300,000 gallon per day WWTP that will expire on February 1, 2016; WHEREAS, the staff of the City of Schertz has met with the GBRA and acknowledged the need for an extension of the current 1976 contract; WHEREAS, To provide for additional time for the City and GBRA to draft a multi -year agreement and negotiate the terms, staff needs authorization to extend the current agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend an extension to the Wastewater Reclamation Contract for Sewage Treatment and Disposal until August 31, 2016. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS .1w Section 1. The City Council hereby authorizes the City Manager to negotiate and execute an amendment to the current agreement with Guadalupe - Blanco River Authority extending the Wastewater Reclamation Contract to August 31, 2016. 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. A -1 Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 26th day of January, 2016. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor CJ ,A 520 735 38'79 WASTEWATER RECLAMATION CONTRACT BETWEEN GUADALUPE - BLANCO RIVER AUTHORITY AND GUADCO MUNICIPAL UTILITY DISTRICT NO. 1 AND HOMECRAFT CORPORATION THE STATE OF TEXAS § COUNTY OF GUADALUPE § THIS CONTRACT (herein called "this Contract ") made and entered into as of the 1st day of February, 1976, by and between GUADALUPE - BLANCO RIVER AUTHORITY, a conservation and reclamation district, a body politic and corporate and a governmental agency of the State of Texas, created and operating under the provisions of a series of Acts compiled as Article 8280 -106, Vernon's Texas Civil Statutes (herein called "GBRA "), GUADCO MUNICIPAL UTILITY DISTRICT NO. 1, a conservation and reclamation district created under Arti- cle XVI, Section 59 of the Constitution of Texas and Chap- ter 54, Texas Water Code (herein called the "District "), and HOMECRAFT CORPORATION, a Texas corporation (herein called "Homecraft "): W I T N E S S E T H: Recitals The District covers that certain tract of land more fully described in Exhibit "A" attached hereto and made a part hereof for all purposes. Homecraft is the owner of land within the District and proposes to develop its prop- erty for residential and commercial purposes. In order to adequately collect, treat, and dispose of the waste generated within the District and to preserve the health and welfare of residents of the District, Homecraft , 520 73.6 and the District wish to contract with GBRA to provide for the construction and operation of waste collection and treatment facilities. GBRA is willing to own and operate a wastewater reclama- tion plant to receive, treat and dispose of waste generated within the District subject to the terms and provisions hereinafter set forth, and the District is willing to own and operate a sanitary sewer collection system to collect and transport waste generated within the District. Homecra£t is willing to provide the funds for the cost of providing such wastewater reclamation plant and collection system on such terms and provisions. The parties are authorized to enter into this Contract by the Constitution and laws of the State of Texas, partic- ularly the Regional Waste Disposal Act, as amended (codified as Chapter 25, Texas 'dater Code). Agreement For and in consideration of the mutual promises, cov- enants, obligations and benefits in this Contract, the parties hereto contract and agree as follows: ARTICLE I DEFINITIONS AND INTERPRETATION Section 1.1: Definitions: In addition to the terms defined above, unless the context requires otherwise, the following terms and phrases used in this Contract shall have the following meanings: (1) The term "sewage" means the liquid and water car- ried waste discharged from sanitary conveniences df dwellings and buildings connected to a public sanitary sewer system. -2- YL 520 737 (2) The term "commercial waste" means the liquid and water- carried waste discharges from commercial processes or any processes (as distinct from sewage) and from industries identified in the Standard Industrial Classification Manual Bureau of the Budget, 1967, as now or hereafter amended or supplemented, under any category other than "Division D -- manufacturing," and such other waste as GBRA deems appro- priate. (3) The term "industrial waste" means the liquid and water carried waste from industries identified in the Standard Industrial Classification Manual Bureau of the Budget, 1967, as now or hereafter amended or supplemented, under the cate- gory "Division D -- manufacturing," and such other waste as GBRA deems appropriate. (4) The term "infiltration water" means water which leaks into a public sanitary sewer system. (5) The term "waste" means sewage, commercial waste and industrial waste collected by a public sanitary sewer system, together with such infiltration water as may be present. (6) The term "Collection System" means the sanitary sewer collection system to be constructed in phases within the District, including the sanitary sewers (excluding storm sewers), manholes, intercepting sewers, sewage pumping works and other collection works and equipment, together with all extensions and enlargements thereof. (7) The term "Initial Collection System" means the first phase of the Collection System. -3- 520 D8 (8) The terms "Wastewater Reclamation System" or "Reclamation System" mean the facilities for receiving from the Collection System, transporting, treating and disposing of waste, consisting of the waste treatment facilities to be constructed and acquired in phases pursuant to Article III hereof, together with such extensions, enlargements and modifications as may be feasible in the future and as may be necessary to comply with requirements of regulatory agencies of the State of Texas and the United States of America. The Reclamation System shall not, however, include additional facilities constructed to serve exclusively other customers as provided in Section 8.2, notwithstanding that such facilities may be physically connected with the Reclamation System or located on properties of the Reclamation System. (9) The term "Initial Reclamation System" means the first phase of the Reclamation System, which will be designed to treat an average volume of 300,000 gallons of waste per day. (10) The term "trunk sewer" means any sewer in which waste from collecting and lateral sewers is received and transported to the treatment and disposal facilities of the Reclamation System. (11) The term "Regulatory Authority" includes any regu- latory authority, state, federal or other, whether legis- lative, executive, administrative or judicial (other than GBRA), at the time having and asserting jurisdiction concerning water quality standards for the Guadalupe River, or the discharge of waste or effluent into the Guadalupe'River or having jurisdiction over the design, construction or operation -4- y_ 520 739 of the Reclamation System or the Collection System or any part of either. (12) The term "Design Loading" means the capacity of the Reclamation System, as it may exist from time to time, to adequately treat waste, taking into account not only the volume of such waste but also the combined effect of volume and strength of such waste. Section 1.2: Table of Contents, etc. The table of contents, titles and headings of the articles and sections of this Contract have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof and shall never be considered or given any effect in construing this Contract or any provision hereof or in ascertaining intent, if any question of intent should arise. Unless the context otherwise requires, words of the masculine gender shall be construed to include cor- relative words of the feminine and neuter genders and vice' versa and words of the singular number shall be construed to include correlative words of the plural number and vice versa. ARTICLE II COLLECTION SYSTEM Section 2.1: Preparation of Plans. Homecraft or the District will cause final plans, specifications, and contract documents for construction of the Initial Collection System to be prepared for approval by GBRA and the District and all appropriate Regulatory Authorities. -5- VC, .420 - - 740 Section �.2: Acquisition of Real_ Estate, Facilities and Easements. with the approval of GBRA and the District, Homecraft will determine the general location of the Initial Collection System and proceed to purchase and acquire the real estate and certain of the facilities required therefor. Homecraft will also determine the necessary rights -of -way which must be acquired and proceed to acquire the necessary real estate, permits or easements. To the extent possible, the Initial Collection System facilities will be installed in public utility easements as shown on the plat of the property within the District on file in the offices of the County Clerks of Comal or Guadalupe Counties, Texas. Prior to the acquisition of any real estate, facil- ities, permit or easement, Homecraft shall submit to GBRA and the District for approval a description of the proposed site or right -of -way to be acquired, the price and terms under which it is proposed to be acquired and such further information as GBRA or the District may request. Section 2.3: Construction. Upon aprr, oval by GBRA and the District of the final plans, specific:.:.ions and contract documents relating to the Initial Collection System, Homecraft shall obtain competitive bids for the construction of the Initial Collection System and shall award a contract or contracts. Homecraft shall then proceed to construct the Initial Collection System substantially as provided in the final plans, specifications and contract documents, subject to any change orders issued during construction; provided, however, that no change order will be issued without the approval of GBRA and the District. All construction will be in accordance with the requirements of all Regulatory Authorities. M �c_ 5220 741 Section 2.4: Inspection. GBRA and the District, and their employees and representatives shall have access at all times to construction in progress and may make such inspec- tions thereof as deemed necessary or desirable and shall call to the attention of the resident engineer any deviations from the final plans and specifications as approved by GBRA and the District. Any such deviations shall be promptly corrected. GBRA and the District shall also have full access to all contracts, books, records, accounts and physical properties of, or relating to the construction of the Initial Collection System. Section 2.5: Conveyance: Homecraft will convey to the District and the District will thereafter own, operate, and maintain the Initial Collection System and all associated properties and facilities. The price to be paid to Homecraft by the District shall be equal to the actual costs of construc- tion of the Initial Collection System theretofore incurred by Homecraft, to the extent and only to the extent that such costs are approved for payment by the Texas Water Rights Commission. Homecraft and the District understand and agree that payment to Homecraft and conveyance to the District here- under can only be made with the proceeds of bonds or bond anticipation notes to be issued by the District, and that the receipt of such proceeds may occur before or after completion of the Initial Collection System. Therefore, if the conveyance contemplated in this Section occurs prior to completion of the Initial Collection System, Homecraft agrees to assign its rights under the contract or contracts for construction of the Initial Collection System to the -7- Vol 52. ,GE 742 - District, at the same time as the conveyance of the Initial Collection System to the District. If the conveyance con- templated in this Section does not occur prior to completion of the Initial Collection System, Homecraft further agrees to operate and maintain the Initial Collection System during the period between completion of the Initial Collection System and conveyance to the District in the same manner that the provisions of this Contract require the District to operate and maintain the Collection System. No conveyance of any part of the Collection System by Homecraft shall be made to any entity other than the District without the prior written consent of GBRA. Section 2.6: Extensions and Additions. Homecraft and the District anticipate that extensions of and additions to the Initial Collection System and to the Collection System as it may exist from time to time after any extension or addition will be necessary to serve the District and its inhabitants. Any such extension or addition undertaken by Homecraft shall be planned and constructed in the same manner as is set forth in this Article II for planning and construction of the Initial Collection System. Any such extension or addition which is undertaken by the District without Homecraft's participation shall be planned and constructed as nearly as possible in the same manner as is set forth in this Article II for planning and construction of the Initial Collection System, including specifically the rights and approvals of GBRA set forth above. Q vc, 520 743 ARTICLE III RECLAMATION SYSTEM Section 3.1: Site. Homecraft has selected a site for the Reclamation System which site is described by metes and bounds in Exhibit "B" attached hereto and made a part hereof for all purposes. Section 3.2: Design. Homecraft or the District, at its expense, shall cause its engineers to design the Initial Reclamation System in accordance with the provisions of this Section. The design shall be based on the design criteria of the Texas Department of Health Resources, and shall provide for an alternate power source and for primary treat- ment of waste in the event of power failure. Design of each phase of the Reclamation System shall include the preparation of plans, specifications, and contract documents, and the approval of all necessary Regulatory Authorities, and all matters of design shall be subject to the approval of GBRA. The Design Loading of the Initial Reclamation System shall be (1) a volume of average daily flow (during any period of 30 consecutive days) of 300,000 gallons of waste per day, with a maximum volume on any particular day not to exceed 600,000 gallons, or (2) based on 300,.000 gallons of volume and waste strength of approximately 200 milligrams per liter of 5 day biochemical oxygen demand, 510 pounds of 5 day biochemical oxygen demand. Section 3.3: Waste Discharge Permit. Homecraft or the District shall apply to the Texas Water Quality Board for a waste control order for the Initial ReclaTation System which shall permit no discharge for any purpose other than irriga- tion, and use its or their best efforts to obtain such waste C_ _j -._:744 control order. GBRA agrees to cooperate and assist in obtaining such waste control order. All costs of obtaining the waste control order shall be considered to be a part of the cost of construction of the Initial Reclamation System. Section 3.4: Construction. The costs of construction of the Initial Reclamation System, including engineering fees and inspection, supervisory, and administrative costs, and any other costs associated with construction of the Initial Reclamation System including start-up and initial operation, will be paid by Homecraft or the District in accordance with the provisions of this Section. After GBRA has approved the design, plans, specifications, and contract documents for the Initial Reclamation System, Homecraft or the District will advertise for competitive bids on a construc- tion contract or contracts for the Initial Reclamation System. After receipt of such bids, GBRA, Homecraft and the District will agree on the lowest and best bid or bids. Homecraft or the District shall award a contract or contracts to the lowest and best bidder or bidders and proceed immediately to construct the Initial Reclamation System in accordance with the plans, specifications, and contract documents approved by GBRA. No change order will be issued without the prior approval of GBRA. GBRA and its employees and representatives shall have access at all times to construction in progress and may make such inspections thereof as deemed necessary or desirable and'shall call to the attention of the resident engineer any deviation from the approved plans and specifications, which shall be promptly corrected. GBRA shall also have full access to all contracts, books, records, -10- ve- 520 �Aa 745 accounts and physical properties o£, or relating to the construction of the Initial Reclamation System. Section 3.5: Completion and Acceptance. Homecraft or the District will notify GBRA in writing of the completion of construction, start up, and testing of the Initial Reclama- tion System, GBRA shall have 10 days following receipt of such notification, or notification from Homecraft or the District that all necessary approvals of Regulatory Authorities have been obtained, whichever last occurs, to accept or reject the Initial Reclamation System in writing.. If GBRA does not accept the Initial Reclamation System within such period, it shall specify its objections, and Homecraft or the District shall have a reasonable time following such notification to correct the same. After such correction, the notice and acceptance or rejection procedure set forth above shall be followed until GBRA has accepted the Initial Reclamation System for operation. Section 3.6: Conveyance. After acceptance of the Initial Reclamation System by GBRA, Homecraft or the District, at its expense, shall deliver to GBRA an instrument or instruments in writing, reasonably satisfactory to counsel for GBRA as to both substance and, form, conveying full title to the Initial Reclamation System and all associated pro- perties and facilities to GBRA, including without limitation the site of the Reclamation System and the Texas Water Quality Board waste control order referred to above. If the conveyance contemplated in this Section is made by Homecraft, payment therefor by GBRA shall be an amount equal to the actual costs of construction of the Initial -11- ve_ 526 „LE 746 .. Reclamation System; provided, however that GBRA shall only be obligated to make such payment from and to the extent of money, if any, received by GBRA from the District pursuant to Section 3.7 of this Contract, and Homecraft shall never have the right to demand payment from any other funds of GBRA. Homecraft and GBRA understand and agree that payment to GBRA by the District, pursuant to Section 3.7, of the funds out of which GBRA will pay Homecraft is dependent on the sale and delivery of bonds to be issued by the District, and that such payment may occur before or after the completion of the Initial Reclamation System and its conveyance to GBRA. If such payment to GBRA by the District does not occur at or prior to the conveyance of the Initial Reclama- tion System to GBRA by Homecraft, GBRA agrees to operate and maintain the Initial Reclamation System for a period of 6 months after such conveyance, and Homecraft agrees to pay to GBRA the sums which would otherwise be payable to GBRA by the District as monthly operating charges for such period. At the expiration of such 6 month period, GBRA and Homecraft may agree on an additional period or periods of interim operation. If at the expiration of the initial or any additional period of interim operation GBRA and Homecraft do not agree on an additional period of such operation, GBRA will convey to Homecraft at no cost all of the property conveyed to GBRA by Homecraft pursuant to this Section, provided Homecraft pays any expenses of such conveyance. -12- Vc_ 520 ,ku 747 Section 3.7: Purchase of Capacity.. For and in con- sideration of the conveyance or payment described in the following paragraph, and subject to all the terms and pro- visions of this Contract, GBRA agrees that the District shall have the right to the entire Design Loading of the Initial Reclamation System, for the purpose of receiving waste treatment services, effective upon receipt by GBRA of such conveyance or payment. As consideration for the right granted in the previous paragraph, the District itself will convey the Initial Reclama- tion System to GBRA as provided in Section 3.6 of this Contract or the District will pay to GBRA a sum equal to the actual costs of construction of the Initial Reclamation System, including engineering fees and inspection, supervisory and administrative costs, and any other costs associated with construction of the Initial Reclamation System including start -up and initial operation, and carrying costs, to the extent and only to the extent that payment of such costs from the proceeds of the District's bonds is approved by the Texas Water Rights Commission. Section 3.8:- Expansion. The parties hereto recognize and expect that future development of property within the District will require expansion of the Initial Reclamation. System to treat waste generated within the District, and that the Reclamation System (as initially constructed and as expanded from time to time} should not be expected to receive waste in excess of its Design Loading or its ability to adequately treat and dispose of such waste within the require- ments of any Regulatory Authority. Accordingly, there is -13- c_ - v, 748 -- hereby created a Technical Committee composed of two members appointed by GBRA and two appointed by the District. GBRA and the District may also appoint one or more alternate members to serve in the event of the absence or disability of one or more of its members. Each appointing party may replace its members or alternates at any time. Three members of the Technical Committee shall constitute a quorum, and decisions of the Committee shall require the affirmative vote of a majority of those present at any meeting. A graph or curve showing the volume and strength of waste being treated by the Reclamation System as it then exists will be maintained by the Technical Committee after completion of the Initial Reclamation System and after any expansion, When the waste load has reached the point where a reasonable projection of growth indicates that Design Loading will occur at a time at or after the earliest possible completion of additional facilities, the Technical Committee will recommend the initiation of construction of an expansion G , 'he Reclamation System. GBRA, the District, and Homecraft he, )y agree that planning and construction of such expansion shall be undertaken forthwith and in such a manner that completion shall be accomplished in time to provide treatment capacity for the increasing load. If Design Loading is reached prior to the completion of additional facilities GBRA shall have no obligation to receive any waste in excess of Design Loading, and will immediately notify the District, and the District hereby agrees that it will allow no further taps or discharges into the Collection System after such notification without the written consent of GBRA. -lu- vc_ 520 ,1, = 749 GBRA recognizes that either Homecraft or the District .may desire to initiate expansion of the Reclamation System Prior to the time that the historical record of growth and reasonable projections of growth would indicate. If so, the party desiring to proceed with any such expansion shall give GBRA written notice of such intention and may then proceed with the desired expansion, provided that no construction contract for such expansion shall be let except pursuant to competitive bids and only after the contract amount has been deposited with or escrowed for the benefit of GBRA. GBRA shall award any such construction contract in its name, and except as provided in this Section, any expansion of the Reclamation System shall be planned and constructed in the same manner as the planning and construction of the Initial Reclamation System. ARTICLE IV OPERATION Section 4.1: Standard of Operation. The District shall operate and maintain the Collection System and GBRA shall operate and maintain the Reclamation System in accor- dance with accepted good practices, and GBRA and the District agree to use reasonable diligence and care to continually hold themselves ready, willing and able to render sewage collection and treatment services as provided in this Contract. As between the parties, the District shall be solely responsible for operation of the Collection System and GBRA shall be solely responsible for operation of the Reclamation System to transport, treat and dispose of all waste received from the Collection System pursuant to this Contract. GBRA -15- vc_ 52L :,,,c; 750 shall be an independent contractor in the operation of the Reclamation System. The parties recognize that the obligations of GBRA and the District to render services by operation of the Collec- tion System and the Reclamation System as provided in this Contract are subject to all present and future orders, rules and regulations of Regulatory Authorities, and the parties agree to cooperate to make such applications and to take such action as may be necessary or desirable to obtain compliance therewith. Section 4.2: Measurement of Waste. The Reclamation System, as constructed, will include measuring equipment and devices of the standard type for measuring properly all of the waste to be discharged from the Reclamation System under this Contract. Such equipment and devices shall remain the property of GBRA and the operation, maintenance, replacement, reading, calibration and adjustment of such measuring equip- ment shall be done by the employees or agento of GBRA. All readings of measuring equipment shall be entered upon proper books and records to be maintained by GBRA, and upon written request Homecraft and the District may have access to such measuring equipment and to such record books during reason- able business hours. GBRA shall calibrate its measuring equipment not less than once annually, in the presence of a.representative of Homecraft and /or the District if such presence is requested in writing, and the parties shall jointly observe any adjust- ments which are made to the measuring equipment in case any adjustment is found to be necessary. —16— ve_ 520 ,.:751 The District may, at its option and its own expense, install and operate check meters, but measurement of waste for the purpose of this Contract shall be made by GBRA's measuring equipment, except in case of specific written consent to the contrary by GBRA. All such check meters shall be of standard make and shall be subject at all reasonable times to inspection and examination by any em- ployee or agent of GBRA, but the reading, calibration and adjustment thereof shall be made only by the District, except during any period when a check meter may be used under specific written consent by GBRA for measuring the amount of waste delivered into the Reclamation System, in which case the reading, calibration and adjustment thereof shall be made by GBRA with like effect as if such check meter or meters were the property of GBRA. Section 4.3: Unit of Measurement. The unit of measure- ment for waste pursuant to this Contract shall be 1,000 gallons, U.S. Standard Liquid Measure. Section 4.4: Points of Entry and Exit; Title. The initial points of entry to and exit from the Reclamation System shall be as established and designated on the final approved plans and specifications. GBRA and the District may from time to time agree on substitute or additional points of entry and exit. Title to and responsibility for all waste delivered from the Collection System to the Reclama- tion System shall remain in the District to the point or points of entry and after passage of such point or points, title to and responsibility for all waste shall pass to and remain in GBRA to the point or points of exit. Title to and -17- vo_ 520 F,. , 752 responsibility for all effluent from the Reclamation System from and after passage of the exit point or points shall be in the District, and the District agrees to accept at such point or points all effluent discharged from the Reclamation System. As between the parties, the District shall be in exclusive control and possession of, and shall be solely responsible for, all waste until title thereto passes to GBRA, after which GBRA shall have possession, control, and responsibility until passage of the exit point or points, at which time possession, control, and responsibility shall revert to the District. Section 4.5: Use of Effluent. The Reclamation System will be designed to include on property now owned by Home - craft a holding .pond with the capacity of at least 6,500,000 gallons. One exit point from the Reclamation System shall be situated so that effluent may be transported into such holding pond and another exit point (although it may not be provided immediately) shall be situated so that effluent may be transported to Dry Comal Creek. All effluent from the Reclamation System up to a maxima:.: of 1,000,000 gallons per day shall be delivered to the District at the holding pond exit and the remainder, if any, shall be delivered to the District at such other exit; provided,.however, that no effluent shall be delivered to the latter exit until dis- charge into Dry Comal Creek has been authorized by all Regulatory Authorities. Hemecraft hereby agrees to execute and deliver to the District an easement to construct, maintain and operate said holding pond. In consideration for such easement, the payments made or agreed to be made by Homecraft WE Ye- 520 -,u 753 under Section 6.2 hereof and for other good and valuable considerations the receipt and sufficiency of which are ex- pressly acknowledged by the District, Homecraft shall, throughout the term of this Contract, have the right but not the obligation to withdraw, free of cost except as expressly provided herein, all available effluent up to 1,000,000 gallons per day from the holding pond at a point to be designated on the final plans for such pond for use in watering Homecraft's proposed golf course.on adjoining or nearby land. It is understood that the cost of chlorinating water when it is withdrawn and any other expense involved in the withdrawal or use of such water shall be borne by Homecraft. Homecraft agrees that, if the effluent is avail- able, it will withdraw and use or otherwise dispose of at least 300,.000 gallons of effluent per day averaged over a period of at least thirty days. Homecraft further agrees to reimburse the District for the reasonable and necessary cost of maintaining said holding pond. At any time after Homecraft is no longer obligated to make payments under Section 6.2 hereof, Homecraft may, without having to obtain any consent from the other parties hereto as provided in Section 9.7 hereof, assign its rights and obligations under this Section 4.5 to any purchaser of said golf course provided such purchaser expressly assumes in writing all such obligations after the date of such assignment. Upon the delivery to GBRA and the District of a copy of the agreement evidencing such assumption of Homecraft's obligations by said purchaser, Homecraft shall be relieved of all such obligations. -19- ,o- 520 ;,,Lt i54 ARTICLE V QUALITY OF WASTE Section 5.1: Regulation of Waste. In order to permit GBRA to properly treat and dispose of waste collected within the District, to protect the public health and to permit cooperation with other entities for the protection of the physical, chemical and bacteriological quality of public waters and watercourses, and to protect the properties of the Collection System and the Reclamation System, the parties agree that the quality or strength of all waste discharged into the Collection System and thus into the Reclamation System must be regulated. The District agrees to adopt and enforce rules and regulations to regulate the quality and strength of the waste to be discharged into the Collection System and thus into the Reclamation System as hereinafter provided in this Article; and agrees to make such other and further regulation of the quality or strength of waste discharged into the Collection System as may be required from time to time to permit GBRA to operate the Reclamation System so as to treat and dispose of waste in compliance with the orders, rules, regulations or permits of any Regulatory Authority. The parties further agree that the obligation of GBRA to receive waste into the Reclamation System shall depend upon compliance by the District with the provisions of this Article V, including without limitation regulation of the quality of waste as set forth in Exhibit "C ", which is attached hereto and incorporated herein by reference for all purposes. -20- VC 520 755 Section 5.2: Industrial and Commercial Wastes, The effect of certain types of industrial waste and commercial waste upon sewers and waste treatment processes are such as to require that careful and special consideration be made of each industrial and commercial connection. Accordingly, the District agrees to adopt and enforce rules and regulations to regulate the discharge of industrial waste and commercial waste into the Collection System, and thus into the Reclama- tion System, including requirements for pre- treatment before discharge into the Collection System if necessary to meet the quality requirements for admissible waste listed in Exhibit "C ", and the District will authorize discharge of industrial and commercial waste into the Collection System, subject to the approval of GBRA, only after the filing with GBRA by an applicant of a statement containing the following information: (1) Name and address of applicant; (2) Type of industrial or commercial enterprise; (3) Quantity of waste; (4) Typical analysis of the waste; (5) Type of pre- treatment proposed; and such other information as GBRA may from time to time request by written notice. To facilitate inspection and control of industrial and commercial waste, the District will require those who discharge waste into the Collection System to separate industrial and commercial waste from sewage until such industrial and commercial waste has passed through an inspection manhole which shall be located so as to be accessible at all times to inspectors of the District -21- Ku ma 756 and GBRA. If inspection indicates that-damage might result from the discharge, the District agrees that service to the offending industry or commercial enterprise will be terminated until the industry or commercial enterprise establishes remedial measures acceptable to the District and GBRA. Section 5.3: Testing. GBRA shall collect samples of all waste discharged into the Reclamation System and cause same to be analyzed by the most recent edition of Standard Methods for the Examination of Water and Wastewater, as Jointly published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation, and shall take such other samples and make such other analyses of waste and effluents as it may from time to time deem desirable. If the analysis of waste discloses concentrations higher than those permitted under this Contract, GBRA will at once notify the District, which shall at once require the offending originator of said highly concentrated materials to undertake remedial pre- treatment before discharge into the Collection System. Section 5.4: Pre- treatment of Waste. If, for any reason, the waste discharged into the Collection System does not comply with the quality requirements established pursuant to,this Contract, the District shall require pre- treatment of such waste so that it does comply with such quality requirements. ARTICLE VI CHARGES AND ENFORCEMENT Section 6.1: Payments by the District. The'District recognizes the statutory duty of GBRA to fix and from time -22- ve_ 520 757 to time to revise (if and when necessary in accordance with the provisions of this Contract relating to fixing of charges) the charges for services to be rendered and made available to the District hereunder so that the total amount to be paid by the District shall at all times be not less than an amount sufficient to pay or provide for the payment of all operation and maintenance expenses of the Reclamation System. On or before the fifteenth day of each month, commencing in the month next following the month in which title to the Reclamation System is conveyed to GBRA, the District will pay to GBRA the amount of operation and maintenance expenses budgeted for the following month in the Annual Budget pre- pared pursuant to Article VII. Section 6.2: Payments by Homecraft. Homecraft recog- nizes that the availability and proper operation of waste treatment facilities to serve its property within the District is essential to its ability to develop that prop- erty. Accordingly, Homecraft agrees that until such time as the number of occupied residences in the District exceeds 635 each month for a period of three consecutive months, Homecraft will pay to GBRA upon demand any deficiency in payments due to GBRA under Section 6.1 which remains unpaid 10 days after the date such payments are due. Section 6.3: Deed Restrictions. Homecraft recognizes that the primary inducement for GBRA to enter into this Contract is GBRA's obligation and desire to protect and enhance the quality of the water in the Guadalupe'River Basin. Accordingly, Homecraft agrees, by proper and suffi- cient deed restrictions covering all of the property within -23- 52L 758 the District, except as provided in the next sentence, to prohibit the installation and /or use of septic tanks and to Prohibit the excavation and /or use of wells on such property for purposes other than the supplying of water for irrigation. The foregoing prohibition against septic tanks shall not apply to the three septic tanks presently installed at houses within the District. Homecraft further agrees that such deed restrictions shall specifically grant to GBRA the right to enforce such restriction.:. Section 6.4: Covenant to Mai„tain Sufficient Income. The District agrees to fix and maintain such rates and collect such charges for the facilities and services pro- vided by its waterworks and sewer system as will be adequate to permit the District to make prompt payment of all expenses of operating and maintaining such system, including payments under this Contract, and to make prompt payment of the interest on and principal of the bonds or other obligations of the District payable, in whole or in part, from the revenues of its combined waterworks or sewer system, or its waterworks system or its sewer system, or both. The District further agrees to comply with all of the provisions of the resolutions, indentures, or other instruments authorizing its bonds or other obligations which are payable, in whole or in part, from the revenues of its waterworks or sewer system or both. - Section 6.5: Billing. GBRA will render bills to the District at least once each month for the current payments required by this Article VI. GBRA shall, until further notice, render such bills on or before the first day of each -24- 759 month and such bills shall be due and payable on the fifteenth day of each month or fifteen (15) days after such bill is deposited into the United States mail, properly stamped and addressed to the District, whichever is later, and thereafter interest shall accrue thereon at the rate of seven per cent (7 %) per annum until paid in full. GBRA may however, from time to time by sixty (60) days' written notice change the monthly date by which it shall render bills., and all bills shall thereafter be due and payable fifteen (15) days after such date as herein provided. The District shall make all payments in such coin or currency of the United States of America as at the time of payment shall be legal tender for the payment of public and private debts and shall make payment to GBRA at its office in the City of Seguin, Guadalupe County, Texas, or at such other place as GBRA may from time to time designate by sixty (60) days' written notice. Section 6.6: Delinquency in Payment. If the District fails to pay or cause to be paid any bill when due and payable, GBRA may give written notice of such delinquency to Homecraft and the District and if all bills .due and unpaid, including interest thereon, are not paid within forty -five (45) days after delivery of such notice, then the District agrees that GBRA shall be authorized, at its option, to institute suit for collection thereof and to collect any amounts due and unpaid, together with interest thereon and reasonable attorneys' fees, and the District further agrees that GBRA may, at its option, discontinue receiving, trans- porting, treating and disposing of waste of the District until all amounts due and unpaid are paid in full with -25- K' 520 760 interest as herein specified. Any such discontinuation of service shall not, however, relieve the District of its obligation to make the payments required by this Article VI which are then due. ARTICLE VII ACCOUNTING AND BUDGETS Section 7.1: Accounting. GBRA will maintain books, records and accounts relating to the operation, maintenance and repair of the Reclamation System as a separate utility system, in keeping with standard accounting practices' and the same shall be available for inspection by the District at reasonable hours and under reasonable circumstances. GBRA will operate the Reclamation System on the basis of its fiscal year. Section 7.2: Audits, After the end of each fiscal year (beginning with the end of the second fiscal year which begins after GBRA commences operation of the Reclamation System), GBRA will have its books of account relating to the Reclamation System audited by a certified public accountant or the state auditor and shall annually provide the District with copies of a balance sheet and an income and expense statement showing in reasonable detail the financial condi- tion of the Reclamation System as of the close of the fiscal year and the results of operations for the year then ended. Section 7.3: Annual Budget. Not later than the 10th day of the first July after GBRA commences operation of the Reclamation System and not less than forty (40) days before the beginning of each fiscal year thereafter while this Contract is in force and effect, GBRA shall cause to be -26- ve_ 520 sml� 761 prepared its tentative budget for the operation of the Reclamation System for the next ensuing fiscal year. Such tentative budget shall be prepared by GBRA after consultation with a representative designated by the District. A copy of such tentative budget shall be filed with the District and shall be subject to examination at reasonable times during business hours. If no protest or request for a hearing on such tentative annual budget is presented to GBRA by the District within thirty (30) days after such filing of the tentative budget, the tentative budget shall be considered for all purposes as the "Annual Budget" for the next ensuing fiscal year. If aprotest or request for a hearing is duly and timely filed, it shall be the duty of GBRA to fix the date and time for a hearing on the tentative budget and to give not less than ten ( 10) days' notice thereof to the District. A committee shall be appointed by the Board of Directors of GBRA and shall consider at public hearing such testimony and showings as may be presented and shall report its findings to GBRA. The Board of Directors of GBRA may adopt the tentative budget or may adopt such amendments thereof as it may deem proper as the Annual Budget. The Annual Budget thus adopted by the Board of Directors of the Authority shall be the Annual Budget for the next ensuing fiscal year. The Annual Budget may be amended by the Board of Directors at any time to transfer from one line item of the Budget to another any funds which will not be needed for such line item. The amount for any line item or the amount for any purpose in the Annual Budget may be increased through formal -27- vo- 520 762 -- action by the Board of GBRA even though such action might cause the total amount of the Annual Budget to be exceeded, Provided that such action shall be taken only after prior notice to the District and only in the event of an emergency which shall be clearly defined in a resolution adopted by the Board of Directors of GBRA at the time such action is taken. Thereafter, certified copies Of the amended Annual Budget and such resolution shall be filed immediately by GBRA with the District. Section 7.4: Delay in Annual Budget. If for any reason any Annual Budget shall not have been adopted'prior to the beginning of a fiscal year, the Annual Budget for the preceding fiscal year shall be deemed in force until the adoption of a new Annual Budget. Section 7,5: Operation and Maintenance Expense. The operation and maintenance expense of the Reclamation System shall be the necessary and reasonable cost to be incurred by GBRA in the administration, operation and maintenance of the Reclamation System and improvements and enlargements thereof, including, without limitation: (a) wages and salaries paid to employees whose services directly relate to the operation and maintenance of the Reclamation System (including fringe benefits), chemicals, the purchase and carrying of stores, material and supplies, power, supervision, engineer- ing, testing, auditing, franchises, waste disposal charges or assessments, claims, insurance and all other items and expenses of a like 'or different nature reasonably required for the efficient -28- at_ 520 763 maintenance and operation of the Reclamation System and the performance of the provisions of this Contract; (b) repairs and replacements of damaged, worn -out or obsolete parts of the Reclamation System and any relocation of mains or lines; (c) improvements and betterments to keep the Reclama- tion System in operation to render adequate service to the District and to comply with the requirements of any rule, regulation or permit of any Regulatory Authority having jurisdiction; (d) establishment prior to acceptance of the Initial Reclamation System by GBRA, and replenishment, if required, at the beginning of each fiscal year thereafter, of an operating reserve of two (2) months' estimated average operation and maintenance expense established in the preceding paragraphs; (e) establishment (over a period of one year) and replenishment as required of an emergency repair and replacement fund to be used for extraordinary repairs and replacements, in an amount not to exceed 10% of the cost of construction of the Reclamation System as it may exist from time to time; and (f) the Administrative and General expense of the Authority attributable to administration of the Reclamation System as determined by the Authority, not to exceed an amount equal to fifteen per cent (15 %) of the total of all other operation and -29- von 526 0CE 764 maintenance expense except those items set forth in (d) and (e) above. Section 7.6: Annual Adjustment. After the end of each fiscal year, the operation and maintenance expense of the Reclamation System (including Administrative and General Expense) actually incurred during the preceding fiscal year shall be determined. If all payments made by or on behalf of the District during such preceding fiscal year have been less than the amount of the actual expenses and charges set forth above, then the District shall pay the amount of such deficiency with the next monthly bill or bills. Any excess shall be applied as a credit to the District's next monthly bill or bills. ARTICLE VIII CONTRACTS WITH OTHER PARTIES Section 8.1: Contracts by GBRA. GBRA agrees to operate the Reclamation System initially for the sole use and benefit of the District. GBRA shall have the right, however, with the consent of and at no cost ';o the District, to contract with other parties to render se-,;,.ices from the operation of the Reclamation System so long as waste treated by the Reclamation System for such other parties is not incompatible with waste delivered by the District. GBRA shall have the further right to enlarge the size and the capacity of the Reclamation System for the use and benefit of other parties. Any such contracts with other parties and any such enlargements in size and capacity shall not, how- ever, impair the right of the District to discharge into the Reclamation System a quantity of waste up to the Design Loading -30- VE. 520 765 thereof which has theretofore been paid for or provided by Homecraft or the District under Article III, except with the written consent of the District first obtained.. Section 8.2: Additional Facilities to Serve Exclusively Other Customers. The parties recognize that GBRA may here- after be called upon to finance, construct, acquire and equip facilities to collect, transport, treat and dispose of waste exclusively for parties other than the District. In such event, any such facilities shall not constitute a part of the Reclamation System, notwithstanding the fact that they may be physically connected with the Reclamation System or located on properties of the Reclamation System, and the revenues received by GBRA from.the use, ownership, operation, lease or sale of such facilities shall not constitute revenues received by GBRA by reason of its ownership or operation of the Reclamation System, and none of the expenses attributable to such facilities shall be borne by Homecraft or the District. It is expressly agreed that revenues received by GBRA from the use, ownership, operation, lease or sale of such facilities shall be available to pay the annual cost of operating and maintaining such facilities and may be pledged and applied to the payment of revenue bonds or other obligations issued by GBRA to construct or acquire and equip such facilities and acquire the sites therefor. ARTICLE IX MISCELLANEOUS Section 9.1: Term. Exbept as otherwise provided in this Section, this Contract shall continue in force and effect for a period of forty (40) years from its date. GBRA -31- c . 520 Pt '56 - -- - may terminate this Contract by giving at least one day notice to Homecraft and'the District if any of the following shall have occurred; provided, however, that all references in this Section to Homecraft shall have no further force or effect at such time as Homecraft's financial obligations under Section 6.2 of this Contract have terminated. (a) a decree or order shall have been issued by a court having jurisdiction in the premises adjudging Homecraft or the District a bankrupt or insolvent, or approving as properly filed a petition seeking reorganization, arrangement, adjustment or composi- tion of or in respect of Homecraft or the District under the Federal Bankruptcy Act or any other applicable Federal or State law, or appointing a receiver, liquidator, assignee, trustee, sequestra- for (or other similar official) of Homecraft or the District or of any substantial part of the property of either, or ordering the winding up or liquidation of the affairs of either, and any such decree or order shall have continued unstayed and in effect for a period of 60 consecutive days; or (b) Homecraft or the District shall have instituted proceedings to be adjudicated a bankrupt or insol- vent, or shall have consented to the institution of bankruptcy or'insolvency proceedings against it, or shall have filed a petition or answer or consent seeking reorganization, composition or other relief under the Federal Bankruptcy Act or -32- 4e_ 520 767 any other applicable Federal or State law, or Homecraft or the District shall have consented to the filing of any such petition or to the appoint- ment of a receiver, liquidator, assignee, trustee, sequestrator (or other similar official) of Homecraft or the District or of any substantial part of the property of either, or Homecraft or the District shall have made an assignment for the benefit of creditors, or shall have admitted in writing its inability to pay its debts generally as they become due, or Homecraft shall have dissolved or liquidated, or Homecraft or the District shall have taken any corporate action in furtherance of any of the actions specified in this subsection (b). Section 9.2: Force Maieure. If force majeure prevents any party hereto from performing any of its obligations under this Contract (except the obligations of the District and Homecraft hereunder to pay money), in whole or in part, then the obligations of such party, to the extent affected by such force majeure, shall be suspended during the con- tinuance of any inability so caused, so long as such party is exercising due diligence to resume performance at the earliest practicable time. As soon as reasonably possible after the occurrence of the force majeure relied upon, the party whose contractual obligations are affected thereby shall give notice and full particulars of such force majeure to each other party. The term "force majeure," a's used herein, shall include, without limitation of the generality -33- vc_ 5�'-- ALA 768 thereof, acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, re- straint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, partial or entire failure of water supply and inability on the part of GBRA to receive or treat waste, and any other inability of any party, whether similar to those enumerated or otherwise, which are not within the control of the party claiming such inability, and which such party could not have avoided by the exercise of due diligence and care, It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty and that the above requirement that any force majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. Section 9.3: Remedies Upon Default. It is not in- tended hereby to specify (and this Contract shall not be considered as specifying) an exclusive remedy for any de- fault, but all such other remedies existing at law or in equity may be availed of by any party and shall be cumula- tive. -34- vol 520 ,-A: .L -m Section 9.4: No Additional Waiver Implied. No waiver or waivers of any breach or default (or any breaches or de- faults) by any party hereto of any term, covenant, condition or liability hereunder, or of performance by any other party of any duty or obligation hereunder, shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, under any circumstances. Section 9.5: Addresses and Notice. Unless otherwise provided in this Contract, any notice, communication, request, reply, or advice (herein severally and collectively, for convenience, called "Notice ") herein provided or permitted to be given, made, or accepted by any party to any other party must be in writing and may be given or be served by depositing the same in the United States mail postpaid and registered or certified and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party, or by prepaid tele- gram, when appropriate, addressed to the party to be noti- fied. Notice deposited in the United States mail in the. manner hereinabove described shall be conclusively deemed to be effective, unless otherwise stated in this Contract, from and after the expiration of four (4) days after it is so deposited. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purpose of notice, the addresses of the parties shall, until changed as hereinafter provided, be as follows: If to GBRA, to: - Guadalupe - Blanco River Authority Attention: General.Manager 933 East Court Street Seguin, Texas 78155 -35- ve_ 5, mE 770 If to Homecraft, to: Homecraft Corporation Attention: Victor Butschek Route 1, Box 524 New Braunfels, Texas 78130 If to the District, to: Guadco Municipal Utility District No. 1 Attention: R. D. Richards, Jr. 3000 One Shell Plaza Houston, Texas 77002 The parties shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify as its address any other address by at least fifteen (15) days' written notice to the other parties. Section 9.6: Modification. This Contract shall be subject to change or modification only with the mutual con- sent of each of the parties hereto. Section 9.7: Assignability. This Contract shall not be assignable by any party hereto without the prior written consent of each other party. Section 9.8: Parties in Interest. This Contract shall be for the sole and exclusive benefit of GBRA, the District, and Homecraft. Section 9.9: Insurance. GBRA, will at all times keep insured such parts of the Reclamation System as are usually insured by municipal corporations and political subdivisions in Texas operating like properties in similar locations with a responsible insurance company or companies against risks, accidents, or casualties against which and to the extent that insurance is usually carried by such municipal corpora- tions and political subdivisions; provided, however, that at —36— va: 520 771 any time while any contractor engaged in construction work shall be fully responsible therefor, GBRA shall not be required to carry such insurance. The premiums for such insurance shall be an operating and maintenance expense of the Reclamation System. In the event of any loss or damage, any insurance proceeds shall be used by. GBRA to repair promptly or replace the destroyed or damaged portion of the Reclamation System. Section 9.10: Merger. The Memorandum of Agreement dated April 11, 1975, between GBRA and Homecraft providing for the planning services of GBRA in connection with the Reclamation System is hereby terminated effective as of the date that GBRA accepts the Initial Reclamation System for operation. This Contract constitutes the entire agreement between the parties relative to the subject matter thereof. Except for the Memorandum of Agreement mentioned above, there have been and are no agreements, covenants, representations or warranties between the parties relative to the subject matter of this Contract other than those expressly stated herein or expressly provided for herein. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple counterparts, each of which shall be deemed to be an original,.as of the -date and year first above written. GUADALUPE- BLANCO IVER AUTHORITY By Cha r , rd of DS ctors ATTEST: (Dm' (0,14 etary, Board of /Ifirectors TSEAL }. pOPICp' �!} -37- ,C. 5� Act 772 C HOMECRAFT C By 2Q P ent ro GUADCO MUNICIPAL UTILITY DISTRICT NO. 1 By .�Z Fl 4_ J.� Prersident, Board of Directors ATTEST: ,$e6r ary, Board 4r D rectors '.Tke "S ATE ,OF TEXAS § COUNVY OF GUADALUPE § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person and officer whose r(afne is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of said GUADALUPE - BLANCO RIVER AUTHORITY, and that he executed the same as the act of such Authority for the purposes and consideration therein expressed, and in the capacity therein stated. GI�I UNDER MY HAND AND SEAL OF OFFICE this Zl�- day of ( i/ta e__ 1976. Notary Public in and for pY o, Guadalupe County, Texas •T a ' N , vo_ 520 773 THE STATE OF TEXAS § COUNTY OF uadct u § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared yy V,ce 1II Pr esident of Homecraft Corporation, a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 6.4 day of Ju/ y , 1976. ate, N,gtar Public in d for uQa' u County, Texas (SEAL) THE STATE OF TEXAS § COUNTY OF usdA1u e,§ BEFORE ME, the undersigned, a Notary Public in and for said County. and State, on this day personally appeared Sle -gg&& A ill A &— IIPP_ Ls , known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of said GUADCO MUNICIPAL UTILITY DISTRICT NO. 1, and that he executed the same as the act of such District for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the (o 4 day of cTu , 1976. tiLOdo �%/l /v. NNotar Public in a d or County, Texas iC �w -39- V6'.. 52C c 714 EXHIBIT A Description of the Guadco Municipal Utility District No. 1 495.5424 Acre Tract 495.5424 acres of land out of the Rafael Garza Survey No. 98 and the I. F. Zepeda Survey No. 257 located in Comal and Guadalupe Counties, Texas and the James W. Gray Survey and the Pedro San Miguel Survey No. 256 located in Guadalupe County, Texas: being as follows: (1) a part of a 453.754 acre tract described in Vol. 485 page 529 of the Guadalupe County Deed Records and No. 132860 of the Comal County Deed Records, (2) a part of a 171 .719 acre tract described in Vol. 480 page 287 of the Guadalupe County Deed Records and Vol. 214 page 23 of the Comal Co. Deed Records (3) all of a 30.647 acre tract described in Vol. 485 page 637 of the Guadalupe Co. Deed Records, (4) all of a 16.155 acre tract described in Vol. 485 page 642 of the Guadalupe County Deed Records (5) all of a 25.531 acre tract which is part of a 76.356 acre tract described in Vol. 352 page 110 of the Guadalupe Co. Deed Records, (6) all of a 55.255 acre tract which is a part of a 76.370 acre tract described in Vol. 382 page 77 and also a part of said 76.356 acre tract described in Vol. 352 page 110 of the Guadalupe Co. Deed Records, (7) 53.124 acres in Guada- lupe and Comal Counties and being a part of a 63.8 acre tract described In Vol. 83 page 258 of the Comal Co. Deed Records; said 495.5424 acre tract being described as follows: BEGINNING at an iron pin marking the most Westerly West corner of said 453.754 acre tract being on the N, E. R/W line of FM 1103 and being the South corner of said 53.124 acre tract; THENCE N 300 06' 52.1" W along the S. W; boundary of said 53.124 acre tract being the N.E. R/W line of FM 1103 a distance of 918,66 ft. to a concrete monument with a brass plate marking the lower N.W. corner of said 53.124 acre tract and being on the S.E. R%W line of Interstate High- way No. 35; THENCE following along the S. E. R/W.line of said Interstate Highway No. 35 the following courses and distances: N IS- 28' E, 167.35 feet N 590 45' E, 338.20 feet N 54° 23' E, 559.98 feet N 54° 23' E, 444.42 feet N 590 45' E, 1148.80 feet N 59° 45' E, 600.30 feet S 75° 07' 30" E, 116.00 feet N 59° 28' E, 40.20 feet N 150 09' E, 116.00 feet N 590 45' E, 999.40 feet N 70° 46' E, 570.60 feet N 700 23' 30" E, 192.56 feet N 590 45' E, 650.19 feet N 470 15' E, 460.27 feet N 81° 58' 30" E, 47.56 feet to an Iron pin marking the North corner of the above referred to 171.719 acre tract; . THENCE S 290 13' 30" E along the N. E, boundary of said 171.719 acre tract a distance of 501 feet to a point for corner; THENCE S 60° 46' 30" W, 138.00 feet; THENCE S 290 13' 30" E, 100.00 feet; THENCE S 60° 46' 30" W, 366.65 feet; ve.. 520 775 THENCE S 900 00' 00" W, 499.29 feet; THENCE S 65° 1S' 00" W, 1425.00 feet; THENCE S 590 45' 00" W, 588.00 feet; THENCE S 290 55' 13.8" E, 2115.06 feet; THENCE S 26° 12' 05" E, 200.42 feet; THENCE S 290 55' 13.8" E, 521.13 feet; THENCE N 600 04' 46.2" E, 300.00 feet; THENCE N 470 45' 00" E, 35.00 feet; THENCE N 35° 30' 00" E, 390.00 feet; THENCE S 54° 30' 00" E, 185.00 feet; THENCE N 350 30' 00" E, 30.00 feet; THENCE S 540 30' 00" E, 970.00 feet; THENCE S 350 30' 00" W, 20.48 feet; THENCE S 290 55' 13.8" E, 397.14 feet; THENCE S 59° 18' 00" W a distance of 620 feet to an inside corner of said 171.719 acre tract; THENCE continuing S 590 18' 00" W along a boundary of said 171.719 acre tract a distance of 579.97 feet to an iron pin marking the most Westerly South corner of said 171.719 acre tract; THENCE S 610 06' W a distance of 8.08 feet to a R. R. spike marking the North corner of the said 16.155 acre tract; THENCE S 290 37' E a distance of 699.92 feet to a R. R. spike marking the East corner of said 16.155 acre tract; THENCE S 580 52' W a distance of 15 feet to a 1/4" re -bar; THENCE S 590 07' W continuing along the S. E. line of said 16.155 acre tract a distance of 502.70 feet to an iron stake being the North corner of the above referred to 55.255 acre tract; THENCE following along the boundaries of said 55.255 acre tract the following courses and distances: S 29° 03' E, 572.43 feet N 60° 58' E, 257.70 feet S 29° 55' E, 1642.00 feet S 50° 56' 45.1" W, 1665.97 feet N 540 SO' W, 361.00 feet N 290 45' W, 525.91 feet to the South corner of above referred to 25.531 acre tract; THENCE N 29° 45' W along the S.W. line of said 25.531 acre tract a distance of 14.09 feet to a point; VC, _ 52r rE 8 THENCE N 290 27' W continuing along the S.W. line of said 25.531 acre tract a distance of 860.10 feet to a point; THENCE N 280 32' W a distance of 223.11 feet to the South corner of the above referred to 30.647 acre tract being a 1" Galvanized iron pipe; THENCE N 290 39' 33.6" W a distance of 1247.68 feet to a 1" G.I.P. marking the West corner of said 30.647 acre tract, being the lower South corner of said 453.754 acre tract; THENCE following along the boundaries of said 453.754 acre tract the following courses and distances; N 290 50' W, 789.50 feet S 600 11' W, 193.62 feet S 27° 03' E, 167.71 feet S 59° 45' W, 895.80 feet S 860 41' W, 81.85 feet N 400 32' W, 249.70 feet to the P.C. of a curve to the right having a radius of 1870.08 feet and a central angle of 10° 18'; THENCE following along said curve to the right a distance of 336.18 feet to the P. T. of said curve being on the N. E. R/W line of said FM 1103; THENCE N 300 14' W continuing along the boundary of said 453.754 acre tract being the N.E. R/W line of said FM 1103 a distance of 1222.10 feet; THENCE N 300 00' 03.8" W continuing along said N. E. R/W line of FM 1103 a distance of 782.49 feet to the point of beginning and containing 495.5424 acres more or less. w_ 520 777 EXHIBIT "B" DESCRIPTION OF RECLAMATION SYSTEM SITE 3.4096 acres of land out of Subdivision Numbers 61, 62 and 63 of the Rafael Garza Survey No. 98, Comal County, Texas being a part of a 63.80 acre tract as described in Volume 83 page 258 of the Comal County Deed Records, said 3.4096 acre tract being described as follows: COMMENCING at a concrete R.O.W. marker at the intersection of the southeast line of Interstate Highway 35 and the northeast line of F.M. Road No. 1103; THENCE N 59 °45' E along the southeast line of said I.H. 35 a distance of 338.20 feet to a point; THENCE N 54 023' E continuing along the southeast line of said I.H. 35 a distance of 559.98 feet to an iron pin marking the BEGINNING POINT of the herein described 3.4096 acre tract; THENCE N 54 023'00" E continuing along the southeast line of said I.H. 35 a distance of 255.00 feet to a point for corner; THENCE S 35 037'00" E a distance of 232.78 feet to a point on the northwest line of a 130 foot drainage easement; THENCE S 11 030'00" W along the northwest boundary of said drainage easement a distance of 13.77 feet to the P.C. of a curve to the left having a radius of 400 feet; a tangent distance of 124.71; a delta angle of 34 037'56" and a long chord of S 05 048'58" E 238.12 feet; THENCE in a southerly direction following along said curve to the left a distance of 241.78 feet to the P.T. of said curve; THENCE S 23 007156" E a distance of 144.33 feet to a point; THENCE S 59 059'56" W a distance of 220.98 feet to a point for corner; THENCE N 23 015'00" W a distance of 581.57 feet to the POINT OF BEGINNING and containing 3.4096 acres, more or less. ve.. 54 t .E 7-18 EXHIBIT "C" QUALITY OF WASTE Definitions. As used in this Exhibit "C ", the following terms and phrases shall nave meanings as follows: (1) The term "properly shredded garbage" means solid waste from the preparation, cooking and disposing of food, and from storage and sale of produce that has been shredded to such degree that all particles will be carried freely under the flow conditions normally pre- vailing in public sanitary sewers, with no particle greater than one -half inch in any dimension. (2) The term "B.O.D." (denoting biochemical oxygen demand), expressed in milligrams per liter, means the quantity of oxygen utilized in biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° Centigrade. (3) The term "suspended solids ", expressed in milli- grams per liter, means solids that either float on the surface or are in suspension in waste or other liquids and which are removable by laboratory filtering. (4) The term "pH" means the common logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. (5) The term "emulsified oil and grease" means fats and oils of animal and vegetable origin and hydrocarbons from mineral or petroleum products; they are in effect defined by the method used for their determination, i.e., a group of substances with mutual solubility, ve 520 179 after acidifying the sample, in an extracting solvent, Freon 113 (trichloratrifluoroethane), and which are not volatilized during evaporation of the solvent. Admissible !taste. Waste discharged into the Collection System and the Reclamation System shall consist only of waste amenable to biological treatment. All garbage contained in the waste shall be only properly shredded garbage and all waste shall be free from the prohibited constituents listed below and limited in B.O.D., suspended solids, dissolved sulfides and pH as follows: (a) the B.O.D. of waste dis- charged into the Collection System and the Reclamation System, as determined by standard methods, shall not exceed 250 mg /1; (b) the suspended solids in waste discharged into the Collection System and the Reclamation System, as determined by standard methods, shall not exceed 300 mg /1; (c) the pH of waste discharged into the Collection System and the Reclamation System shall be not lower than 6.0 nor higher than 9.0; (d) the dissolved sulfides in wastes discharged into the Collection System and the Reclamation System shall not exceed 0.1 mg /1; and (e) no acids shall be discharged into the Collection System and the Reclamation System unless neutralized to a pH of 6 or more. Wastes Not Admissible. The following shall not be admissible into the Collection System and the Reclamation System except to the extent that they may be present in normal household and domestic waste: gasoline, cleaning solvents, oils, greases, mineral oils, ashes, cinders, sand, gravel, tar, asphalt, ceramic wastes, plastics, other viscous substances, feathers, hair, rags, metal, metal filings, -2- vn 520 Pht A0 - glass, wood shavings, sawdust, unshredded garbage, toxic, corrosive, explosive or malodorous gases; acetylene genera- tion sludge; cyanides or cyanogen compounds capable of liberating hydro- cyanic gas or acid in excess of 2 mg /l by weight as CN; radioactive materials which will permit a transient concentration higher than 100 microcuries per liter; emulsified oil and grease, exclusive of soaps, exceeding on analysis an average of 100 mg /l freon soluble matter; acids or alkalis having a pH value lower than 6 or higher than 9.0; heavy metals in solution or suspension; or any other substance injurious to concrete sewers or the Reclamation System treatment process. THE STATE Guadalupe TEXAS } I, FRANK SCHMIDT, Clerk of the County Cuurt in County of Gua and for said County, do hereby certify that the foregoing instrument of writing dated thel:`�.day of ............. 5. {s!(!:�5.�................1974. , with its certificates of authentication, was filed for Record in my 0 as p office the ....... ,(.�.....itly pf......... ..._...... .. 197 �a, at .............:....._ ............... o'clock........M., and duly recorded the..:...,.day ... ....... .. 197�P. , at... ._ ...............o'clock:.M., in............ ............ DEED..;. : ...... ... Record of And County in Vol... .. on Pages -2.1? �?O WITNESS.my hand and the seal of the County Court of said County, at office in Seguin, Texas, the !g"nd year last written aljbve. �F \t FRANK SCHMIDT, Clerk ............ .... . .. ... ............. _.._........... Deputy County Court, Guadalupe County. Assignment of Wastewater Reclamation Contract Homecraft Corporation, later known as U.S. Home Corporation, Guadco Municipal Utility District No. 1, and the Guadalupe- Blanco River Authority entered into a Wastewater Reclamation Contract on February 1, 1976. Under the terms of this contract the golf course owner, Homecraft, had an obligation to the Guadalupe- Blanco River Authority for the disposal of 300,000 gallons per day of treated effluent. Further, Homecraft had the contract option to take up to 1,000,000 gallons per day of treated effluent for irrigation, if the water were available. In 1981, U.S. Home Corporation assigned their rights and obligations under the contract to their subsidiary: Central Texas Country Club, Inc. In 1991 Central Texas Country Club, Inc., sold the golf course to Northcliffe Country Club, Ltd., and the latter assumed the rights and obligations relating to the wastewater treatment plant effluent. I ON go 11: (p.5, item 5.h(3) and p.11, item 17.a.(1) ASSI� OF WASTETOMTM RECI,A1ATION CONTRACT s =_S ASS _G��+_ v i 0? WAS7rWA , C.Z - =0`; CO`s = Z.` C n� en ") z (t: _S -ss' C^_*tl t 1S ante-red into by and a:' OZ' C :N71; =1 1_ ` ...�J _ T C :' ..� _�.� COUP+ ' C_U3, N . , a Texas Como at10. ^. ("r- •-Cry) i a::. :li =.C��- _ COR90RAT =0N, a Texas ccrDOration, a",-4 i t s `successors-l: i .tere_sz (collectively, ..Ho :ecraft ") , (CTC and H.OmeCra_ft are Ccl1?C`ivcl V "Assignor") , and T._E N-ORT.':CL__ :.. -t COU,IiRV CLUB L i'' , a 1 eeta s 1=_Ced DartP_ershlp ('Assignee-,) gnae'� j . WITNESSETH. W: :S RE- AS, Homecraft, Guadalune- Blanco Riv =_r Autc t !0ri v ( "G3: A") , and Guadco Municipal LTtlli ty District NO. 1 (C: 1e "District ") entered into a certain Wastewater R_clamat4on Contract (the "Water Cont=act ") dated as of :February 1, 1976, pertaining to the operation and maintenance of an effluent holding pond and golf course irrigation_ system in connection with the irrigation of the Golf Course (as hereinafter defined) Assignor has previously delivered a copy of the Water Contract to Assignee; and WHEREAS, all or a portion of the Water Contract was subsequently assigned to CTC; and W::EREAS, a certain wastewater treatment and discharge_ per-ni "Water' Permit ") was granted In favor of G3RA perca1 =na to the treatment and discharge of the wastewater in connection w'_th the effluent pond (the "Water Permit ") ; and W-r:3REAS, CTC and Assignee entered into a certain Contract of Sale dated October 19, 1990, as amended (the "Cont=act of Sale "), 'n Connection With the sale of a cerotain golf course (t. ^.? "GO! Course") located upon the real property (the "Property "), attached to the Contract; and WHEREAS, Assignor and Assignee desire to enter into this Assignment to effectuate the assignment of all of Assic-nor'S right, title and interest, if any, in and to the Water Contract and Water Permit upon the terms and conditions set forth herein, NOW, T::ERErORE, in consideration of the premises and agreements set forth herein, the parties hereto agree as follows: 1. Assign-ment. Assignor ^ereby assigns to Assignee all of- Assignor's right, title and int °rest in and t0 the Water Contract and Water Permit, without any representation or warranty, either e_Xoress or imnlle_d. EXHIBIT B (p.5, item 5.h.(3) and p.11, item 17.a.(1)) 2: No Representation or Warranty. Assignee hereby acknowledges and agrees that Assignor has made no representations or warranties, either expressed or implied, and Assignor hereby specifically disclaims any representations or warranties which may have previously been expressed or which may be implied, in connection with the Water Contract or Water Permit, including, but not limited to: (i) any warranty of title or ownership of the Water Contract or Water Permit, (ii) rights or obligations under the Water Contract or Water Permit, (iii) the transferability of the Water Contract or Water Permit, or (iv) whether any consent of any third party (including, but not limited to, the Texas Water Commission, .GBRA, the District, or any other governmental or municipal authority) in relation to the assignment or continuance of the Water Contract or Water Permit, or the issuance of a superseding or amended Water Contract or Water Permit, has been obtained or is likely to be obtained. 3. Efforts to Obtain Consents. Assignee shall be solely responsible for obtaining the consent of any parties which may be necessary in relation to the assignment or continuance of the Water Contract or the Water Permit, or the issuance of a superseding or amended Water Contract or water Permit, at Assignee's sole expense. 4. Assumption. Assignee does hereby assume all of Assignor's rights, interests and obligation in and under the Water Contract in accordance with the terms and provisions of the Contract of Sale and to perform all of the obligations provided therein, including specifically the obligations of Assignor set forth on Exhibit "A" attached hereto and incorporated herein by reference, to the same effect as if Assignee had originally executed the Water Contract in the place of Assignor. Assignee has reviewed the Water Contract and Water Permit and this Assignment is expressly made to induce CTC to enter into the Contract of Sale and the sale of the Property. 5. Indemnity. Assignee hereby agrees to indemnify Assignor and hold Assignor harmless from and against any and all costs, expenses, damages or liabilities arising as a result of Assignor's execution of this Assignment and the transfer of Assignor's rights and interests in the Water Contract and Water Permit to Assignee, and Assignee's actions in relation to the Water Contract and Water Permit and any attempt of Assignee to obtain the consent of any third parties, including, but not limited to, the Texas Water Commission, GBRA, the District, or any other governmental or municipal authorities. 6. Release. Upon delivery of a copy of this Assignment to GBRA and the District evidencing Assignee's assumption of Assignor's obligations under the Water Contract, Assignor shall be relieved and discharged of all obligations thereunder in accordance with. the provisions of Section 4.5 of the Water Contract and hereafter Assignor shall have no further obligations under the Water Contract. Assignment of Wastewater Contract - A1297.6.1.999E page 2 7 -. No Other Property. Notwithstanding anything contained herein to the contrary, this Assignment shall not be construed to (i) assign any of Assignor's rights to wastewater service, now or hereinafter, concerning any property owned by Assignor or owned or being developed by U.S. Home Corporation or any affiliated corporation, or (ii) amend, modify, release or restrict in any manner any other agreements or rights for wastewater services concerning any other property owned by Assignor, U.S. Home Corporation or any affiliated corporation. S. Further Assurances. Assignee covenants and agrees to execute all such further instruments and take all such further action as may be reasonably required by Assignor to fully effectuate the terms and provisions of this Assignment and the transactions contemplated herein, including, but not limited to, the execution of a certain Consent to Assignment requested by GBRA, a copy of which is attached hereto as Exhibit "B" and incorporated by reference. EXECUTED as of the 11+h day of 1992. Assignor: CENTRAL TEXAS COUNTRY CLUB; INC., a Texas corporation By: �/� A, ce , Zr� George d'Hemecourt V «E Pres ident HOMECRAFT CORPORATION, a Texas corporation 13y: L), S. 4OMe Goepa?A.rlo &) I SvcLL -SS00- fry- PA Ca GL/L i 1 onL C,PAr- Ce,L/' oaaToa� By: t A Title: DtV• RES 1 DES Assignee: THE NORTHCLIFFE COUNTRY CLUB, LTD., a Texas limited partnership By: The Northcliff Group, Inc., a Te s corporation By _ o Clay / P es ident t Assianment of Wastewater Contract - A1297.6.1.999E case 3 =IBIT 'A' SPECIFIC OBLIGATIONS Irrigation Water Supply and Operation (1) Assignment. Seller hereby assigns to Buyer, and Buyer hereby agrees to assume, all of Seller's rights and obligations under Section 4.5 of the Wastewater Reclamation Contract (the "Wastewater Contract ") , dated as of February 1, 1976, between Guadalupe - Blanco River Authority (the "GBRA"), Guadco Municipal Utility District No. 1 (the "District ") , and Seller. A copy of said Section 4.5 of the Wastewater Contract is attached hereto. (2) Operation of Irrigation System. In connection with the operation and maintenance of the holding pond and the golf course irrigation system, Buyer, at its own cost and expense, agrees to perform or cause to be performed the following: a. Effluent utilized be rechlorinated to the golf cour; be based on the r� to discharge to trace sample at t by Buyer shall be of the District's for golf course irrigation shall immediately prior to application ie. Chlorine dosing rates shall ite applied by the District prior the ponds and shall produce a he sprinkler head. Chlorination performed under the. supervision utility operator and the GBRA. b. Adequate signs shall be erected stating that the irrigation water is from a. nonpotable water supply. Said signs shall consist of a red slash superimposed over the international symbol for drinking water accompanied by the message "Do not drink the water" in both English and Spanish. C. All piping transporting the effluent shall be clearly marked with signs consisting of a red slash superimposed over the international symbol for drinking water accompanied by the message "Do not drink the water" both in English and Spanish. d. Spray fixtures for the irrigation system shall be of such design that they cannot be operated by unauthorized personnel. e. Irrigation shall be accomplished only when the area specified is not in use. f. Irrigation practices shall be designed and managed so as to prevent contamination of ground or surface waters and to prevent the occurrence of Exhibit "A" - A1297.6.1.999E page nuisance conditions in the area. Tail water control facilities existing or to be constructed by Homecraft shall be maintained to prevent the discharge to area streams of any wastewater which drains from the irrigated land. g. All necessary measures shall be taken to protect groundwater from contamination by wastewater from this operation. The wastewater detention ponds shall be maintained in a manner so as to reduce the seepage rate below 0.1 acre -foot of wastewater per surface area of pond per year. h. At the request of the District's utility operator or the GBRA, Buyer shall withdraw and use or otherwise dispose of effluent from the holding pond in amounts sufficient to provide two (2)'days storage capacity based on a waste treatment plant effluent discharge rate of 300,000 gallons per day. (3) Regulatory Permits. Buyer acknowledges that the effluent from the District's waste treatment plant to be used for irrigation is subject to the control of the Texas Water Quality Board and its successor agencies (the "Board ").. In this connection, the obligations to be performed under Section (2) are in major part required in the water discharge permit granted by the Board to the District and GBRA. Buyer agrees to cooperate with the District and GBRA in maintaining all permits necessary to the continued use by Buyer of effluent and agrees that, if Buyer fails to perform its obligation under Section (2), the District and GBRA or either of them may enter upon Buyer's property and take all reasonable and necessary action to cause such obligations to be performed for the account of Buyer. Moreover, Buyer agrees to grant the District and GBRA such easements of access and egress as may be necessary or appropriate to perform such obligations and to enable the District and GBRA to discharge their obligations under any regulatory permit or requirement related to such effluent. Buyer acknowledges that the District and GBRA shall have third -party beneficiary rights under this Section. Section 4.5. Use of Effluent. The Reclamation System will be designed to include on property now owned by Homecraft a holding pond with the capacity of at least 6,500,000 gallons. One exit point from the Reclamation System shall be situated so that effluent may be transported into such holding pond and another exit point .(although it may not be provided immediately) shall be situated so that effluent may be .ssicnment of Wastewater Contract - A1297.6.1.999E pace 2 transported to Dry Comal Creek. All effluent from the Reclamation System up to a maximum of 1,000,000 gallons per day shall be delivered to the District at the holding pond exit and the remainder, if any, shall be delivered to the District at such other exit; provided, however, that no effluent shall be delivered to the latter exit until discharge into Dry Comal Creek has been authorized by all Regulatory- Authorities. Homecraft hereby agrees to execute and deliver to the District an easement to construct, maintain and operate said holding pond. in consideration for such easement, the payments made or agreed to be made by Homecraft under Section 6.2 hereof and for other good and valuable considerations the receipt and sufficiency of which are expressly acknowledged by the District, Homecraft shall, throughout the term of this Contract, have the right but not the obligation to withdraw, free of cost except as expressly provided herein, all available effluent up to 1,000,000 gallons per day from the holding pond at a point to be designated on the final plans for such pond for use in watering Homecraft's proposed golf course on adjoining or nearby land. It is understood that the cost of chlorinating water when it is withdrawn and any other expense involved in the withdrawal or use of such water shall be borne by Homecraft. Homecraft agrees that if the effluent is available, it will withdraw and use or otherwise dispose of at least 300,000 gallons of effluent per day averaged over a period of at least thirty (30) days. Homecraft further agrees to reimburse the District for the reasonable and necessary cost of maintaining said holding pond. At any time after Homecraft is no longer obligated to make payments under Section 6.2 hereof, Homecraft may, without having to obtain any consent from the other parties hereto as provided in Section 9.7 hereof, assign its rights and obligations under this Section 4.5 to any purchaser of said golf course provided such purchaser expressly assumes in writing all such obligations after the date of such assignment. Upon the delivery to the District and GBRA of a copy of the agreement evidencing such assumption of Homecraft's obligations by said purchaser, Homecraft shall be relieved of all such obligations. LLgnnent of Wastewater Contract - A1297.0.1.999E page 3 Qi�� CONSENT TO ASSIGNMENT R Homecraft CnrnnrAtinn A rr = v n a e� it T ? r% I I" n - w __ 1. , -- .r-'--__.,...., ­_ — zlul'lG k- zl-ftz I ) I Guadalupe-Blanco River Authority ( "GBRA "), and GUA.DCO Municipal Utility District No. I (the "DISTRICT") , entered into a wastewater reclamation contract dated as of February 1, 1976; Ii. All or a portion of the contract was subsequently assigned to Central Texas Country Club, Inc., a Texas corporation (CTC) , without the knowledge or consent of GBRA and to which assignment GBRA has not given its consent. III. CTC has agreed to sell and The Northcliffe Country Club, Ltd., a Texas limited partnership, has agreed to purchase the Northcliffe Country Club Golf Course and CTC's interest in the contract. "t CTC and the limited partnership have requested the consent of GBRA to the assignment by CTC and Homecraft of their interest in the contract to the limited partnership. V. Section 4.5 of the contract provides for the assignment by Homecraft of certain of its rights and obligations upon certain conditions, and the contract also provides that the remaining provisions thereof may not be assigned without the written consent of GBRA. VI. GBRA consents to the assignment of the rights and obligations under section 4.5 of the contract, and does not object to the assignment of the remaining portions of the contract; PROVIDED, the original parties obligated or subsequently assuming the obligations thereunder, are not released from any obligations other than those under section 4.5 of the contract. VII. THEREFORE, GBRA hereby consents to the assignment by CTC and Homecraft of the rights and obligations of Homecraft under section 4.5 of the contract. Further, GBRA consents to the assumption by the limited partnership of the rights and obligations of Homecraft under the remaining portions of the contract, provided however, that such assumption or this consent in no way p,4-­ thereto or subsequently assuming obligations thereunder, from any obligation under the original contract or as subsequently assumed, except to the extent allowed by the terms of section 4.5 of the contract regarding HOMECRAFT being relieved of its obligations, and as may have been effected thereunder. VIII. The undersigned agree that the DISTRICT may enter upon the the real property (the "Property"), described in Exhibit "A" attached hereto, to operate the wastewater system in the event such is necessary, in the DISTRICT'S reasonable discretion with all attendant costs to be borne by NORTHCLIFFE COUNTRY CLUB, LTD. EXECUTED this q4A day of 1991. HOMECRAFT CORPORATION, CENTRAL TEXAS COUNTRY CLUB, INC. A TEXAS CORPORATION (3y. U. S. 14c",- r-oie Pove/%,T-t;,v, SL)e­Lrss,,,L rly matcem 7-a 14-me cP,4r–r e-o4PcA,4vio its 'D GUADALUPE-BLANCO RIVER AUTH - RITY BY:_ &J/ BY A its V L GC P g L- r 0 NORTHCLIFFE COUNTRY CLUB LTD., A TEXAS LIMITED PARTNERSHIP BY: GUADCO MUNICIPAL UTILITY DISTRICT NO. 1 BY: its E X hi -1 3' 1 '1!' A Field notes Of a 80.47 acre tract of land having 29.66 acr es situated .ir:L n County, Texas, and 50.81 acres situated ,Iit.'Ln Guadalupe Cc=ty. Texas, and being out at the Rafael Garza Survey No. 98, Abstract 138, and =11sisting of all of that certazn "Count--i Club Parcel" and that '�4est � to Central Texas Country Club, Inc., by deed Gol" Course Parcel" cmveyed e_d dat_-�d January 9, 1981, and recorded in VOILTrie 305, Page 189, Deed Records of Ccrral Ccunty, Texas, and also consisting a.: a portion Of Lot. 10, Block 10 and a -morzim of Lot 7, Block 8, Northcliffe CcMunity Section Cne, according to plat recorded in V011--rie 4, Pages 66-69, Plat Records of Guadalupe County, Texas, and being mare parzicuiariy described by netes and bounds as fol I Cws: Beginning at an iron pin found in the southwest right -of -way line of Country club u%d"l =VCIL " at its intersection with the south right -of -way line of Wimb! edcn, Drive at the northeast corner of Lot 25, Block 3, Northcliffe Country Club Subdivlsl;n, according to plat recorded in Volune 4, Page 78, Plat Records of Guadalupe County, Texas. Thence along the southwest right-of-way line of Co=rr- y cl ub Boulevard as fo I lows: S 29' 55' 14" 549.86 feet to an _J.,= pin found at an angle poi -:t; S 33' 38' 22" D. 200.42 feet to an iron pin found at an angle moizir-; S 29' 55' 14" E. 139.39 feet to an iron pin found for an east corner of this tract. Thence S 53* 23' 22" W. 871.48 feet across Lot 7 and partially alcng the northwest right-of-way line of May-fair Drive to an iron pin set for the south corner of this tract. Thence N 36* 37' 46" W. 390-00 feet along a southwest line of this tract to an iron pin set in the south line of a 100 foot wide Canal Power Ccr�any FaseTent being an interior corner of this tract. Thence S 53' 49' 25" W. 366.66 feet and S 53' 16' 20" W. 933.82 feet partially along the northwest line of said Nort"liclif fe Ccmr=Uty Section 5, and the south line of said easement to an iron pin found for the west corner of Lot 25 and the north corner of Lot 26, and being a south corner of this tract. t E,v,HlBjT v INHIX3 -:Drz; STUB 30 IQuIOD IOT-7194UT ue 10; ;uTod V 0- =-T9mATPqns P77s ;0 auTT q;no5 at,4 5=1E ;aa; 00' OT "jO ZS .99 N aouau ;.DEZ; 57'P ;0 zauac.-) p ZO; UoTgTAT?qns PTBE; zo zaulco tPnOs GtT; 4E PunO; u7d t---zT ue 0; 4aa; �T-�Sb -a .'99 'L'O*.CZ S 'W 70d QTbu? = -4V Puno; uTd d t=zT tm 0; �;la; LO* iOT 'M j,0 ZS TZ s I;uT,)d zl5tm tm -4v punc; U`Td =IT ue O; 4aa; SL' b8 'M ,CC LO K S ue ;e pnmo; uTd =IT UL' 0; -4aa; LT 60 £9 S d ` ;u7od al5tm Lm ;L' P=O; U7 =-T U*2 0; ;;;;a; ip-6'LLTT 'M ,bO ZS .99 s : 7-lz T TO; SE' 011il CML -L:) Lz;=1O0 a;;TlDq-4-2ON ;0 Sau-rl ',samq4nos pTze �Samq=ou -nn tzo -r;-nn s'a;rzs—, fcnrp =-)T=TTT .0 CZ R L .3si; 974; ;0 zatu= qsre-atpnos B ao; 'Sv4r;S--7 qnT3 ZIqunco Q;;TT0qpON ;0 atz.'l Is'a"74z�2OU atP L7 Ptmo; trTd =I-1 ue 0; 4aa; 69-Lt'T 'M .CE TT CZ S; Q0uRTqL *;uTc>d QT5ue u"e ;ie puno; uTd UOIT ue 0; .. Ea; 5Ttj-q ;0 QU71 4S7'.Zou E 5tlOTE 4a'a.z 98*8LZ '2 ,ZS; 6� .8Z S Q:)t--r4L =a==o ;s•e•q;-7OU E 20; punc: trTd =ZT U'e 0; ZaQ; SZ*LCC *2 ,6; -:.Dmz; c7q; ;0 60 je N ::TITOd aTbtre Ue ILI J:rmca uTd =zT tre o; ;aa; Tg,ggE .2 _E '9C :smOTTO'rT S-e au-,T P-:MS ft-TALMT aDt.-rjZ •'trod gTbur ue E ptanoz trTd mIT tm c; S;E xe-*itzj57A pje2sIa;uj Zo a=,T ASm-:O-;-q5-r:' :�SeatPnOs at�', 6UOTT ;aa; O9'6L6 '--- ,00 g*tl .69 N aDUaTu `7; 30 Ia=00 's`a!lL-;-70T' atr 175 .20; 9Z Xpm TR aa-e;s-Ia;aj atrTT XSm-ZO' 5TZ ls-zat7-.mos atp U"T ?MO" Utd t=IT tm 0; : -40a; Ce 6g-L .3 "00 OZ- N 4trod aTbtm ue IL' P-mo:-: uTd t=:T tre o; ;aQZ Z9 - ZTZ '21 .-00 ,OE , OC . TT hl LC bC zo a T 5tm T B V. ua 0 t Pue - pta '� �-a � 00'00 ;o S-nTt7p-1 r bu-'A rtT 2T#-'I aq c; a V�rvs .20 oXs a,;; 6UOTP Z*r ATIaz;7,20N ixTLd ;LF67!'; au; 0' at m.) p zo 5uTutr-c6aq aT4; .202 ptmo: co.-T tre c; ;tzx1os-ea aj5 F--- P P7Es 5=Te -%a2 CC*i,�--L ; . *m .gg .0 CZ R a5rL--7z P 9PTom '�00; OZT V 20 Q=j ZS`all, 9q-1 UT bu-,aq ptre ; oe - Z; a q u—.XLZ sre a DV 906b'C B zo :auIcn ttanog aq, ir pmo:T , L�ZT u-e 0; jazz 8Z �-eE -,8Z 8C TT hl .':iu-,od D T 5u-e u-e 'a e ;nmnoz trTd L-- I u-e o; �aa;- 96 LZZ ,TC OT EZ N :.trod a T.5uie ue .ie ptmo 5 trlid =�:T tm o; ; aa.: L6 'iLZ TS , 9Z OE N ' rod a T 5u-e tre V Mmoa uTd =zT tm o ; ;aaz L 9 * 9 1 T M T� Zt- x luTOd ZT5UE Ue '�UTod le puno:: uTd LVzi uP 0; ;aa Z 66 .,ZZ 9 . L9 x, z T 5"re ue r r=c U-Ld ue oq ;Z'a- z 9Z*OCE ,b0 OZ N tod aTbue ue Z10: .as uTd t Z T' ue o'1 '3 a a ,9C 'M .6T K. 10: :as u'rd u-- . z7 Ue ; �aaz 66'6S "T9 .69 OZ .6Z Cg Ki :'T--TOd aTbtre ue .'e -aa s trTd =z-1 UE c; laar"T LL'ZgT ,Zg .95 9Z JO N 'za=c:) r zcz'.as uTd u--zT tre cz :;;a: 00* 0;Z "ZZ 'CZ S U7 .as *,:Td =zT tre :Iq=cD ue Ioz 0'4 }tausasea at:-,-t .�g ZS-a --Zou . laaa - 19E .9c h :91-10TTO; S-e .DE2; ST .qj ZO au-LT -�s-am QT4; 5unTs aDtmtz't Thence along the southwest, south and southeast lines Estates Section Cne as of Norzhc!if_e folIcws: Country Cl ub S 23' 07' S 68' 07' 56" 56" E. E. 450.00 feet to an iron pin found at an angle point; N 66' 52' 04" E. 268.70 feet to an iron pin found at an angle point; 765.00 feet to iron N 21' 52' 04" E. an pin found at an angle point; 84.85 feet to Y 66' S2' 04" E. an nin = .,..,,,a _� _ ---I 477.00 feet to iron a +� iv�x °` d`1 angle point; said subdivision, being an in the southwest line Pin corner o: o125 f Lot 31ack 3. Thence N 23' 07' to an iron 59" W. 120.00 feet along the southwest line of Lot 25, Bloc{ 3, pin found in the southeast right -of -tray line of Wimbledon Drive for a Nest corner of. Lot 25, Block 3. Thence N 66' 52' 03" E. 330.57 feet alcng the southeast right -of -way line of Wimbledon Drive to an iron pin found for the beginning of 'a -curve to the right at its intersection with the scut1r,;est right-of-way line of Country Club Boulevard. Thence southwesterly along the arc of said curve to the right havi--ig a radius of 25.00 feet and a central angle of 83' 12' 42 ", a distance of 36.31 feet to the place of beginning and containing 80.47 acres of land, according to a surrey an the ground October 22, 1990, by Baker Surveying, Inc. EXI 1 JIT A Field notes of a 24.20 acre trac� of land situated containing 0` 33 " of an ac re of in Ccmal County and 23.37 acres of land in Guadalupe County, Texas, out qthe Rafael Garza Survey No, 98, Abstract 138. and being part of chat p5'qg4 acre' conveyed to Central Texas Country Club, Inc., deed dated january 9' 1981. and recorded in Yolume 305' Page 189 ' (Deed Records of Comal County` Texas, and being more particularly described by metes and bounds as fv l/ows: Beginning at an iron pin set for the south corner of this tract' being in the northeast right-of-way line of Country Club Boulevard at the west corner f Scenic Hills Community phase I. o Thence N 39^ 85' 14^ W. 560.69 feet along the northeast right-of-way line of Country Club Boulevard to an iron Pin omr for the west corner of this tract and the 65.994 acre tract' Thence along the northwest line of this tract as follows: N 53^ 57` 26^ E. 934.09 feet to an iron pin set for an angle point' N 43` 01` 30^ E. 348.81 feet to an iron pin set o an angle point;� N 41^ 55` 43~ E. 363.76 feet to an iron pin set 'for an angle point; ' N 56` 23' �121** E' 150.81 feefeet. '~ to an iron pin set �-r the north- corner of this tract. Thence along the northeast line of this tract as �ollowm: S 54- 16' 13^ E. 75.55 feet to an iron pin set for a corner' N 47^ 38' 09~ E. 18,54 feet to an iron pin set for a corner� S 67' 08' 52^ E 17� 4� feet �o an iron pin s�� for ' E. ' r an east corner of this tract. pin --- �- Thence along the easterly and southeasterly line of this tract as follows: S 15^ 00' 14~ W. 266.91 feet to an iron pin set for an angle point, ' S 18` 26' 06~ E. 31.62 feet to an iron pin set for an angle point; S 25` O1" 01~ E. 187.48 feet to an iron pin set on 'he northwest line of a 100 foot wide Comal Power Company Easement for an angle "point; S 36 36^ 38~ E. 100-00 feet across said easement to an iron pin`set in the southeast line of said easement, for an east corner of this tract. ?hence S 53` 23` 22~ N. 1731,43 feet along the southeast line of said easement and the northwest line of Scenic Hills Community Phase Z to the place of beginning and containing 34.20 acres of land, according to a survey on the ground on October 22, 1990, by Baker Surveying, Inc. EyH^Bo Field notes of a 27.3-1 acre tract of land containing 25.92 acres or land in Comal County and 1.02 acres in Guadalupe County, ana consisting of 8.22 acres out of the J.F. Zepeda Survey No. 257, and 19.55 acres out of the Rafael Gar =a Survey No. 98, Abstract 138, and being part of that 65.994_ acre tract conveyed to Central Texas Country Club, Inc., by deed dated January 9, 1981, and recorded in Volume 305. Pace i Ao neea o ,, ... a_ U� of Ccma1 County, Texas, and being more particularly described by metes ana bounds as follows: Beginning at an iron pin se*_ in the northeast line of Northcliffe Estates model Home Park, according to plat recorded in Volume 9, Pa9e 7, Plat Records of Ccmal County, Texas, and being N 30' 02' 30" 'w. 205.10 feet along said northeast line from the east corner of said subdivision. Thence N 45' 58' 06" W. 450.72 feet along a southwest line of this tract to an iron pin set for the northwest corner of this tract. Thence along the northwest and north line of this tract as follows: N 60 15' 38" E. 405.49 feet to an iron pin set for an angle point; N 65' 22' 3 839.03 feet to an iron pin set for an angle `� 9 point; N 32' 18' 18" E. 372.34 feet to an iron pin set in the southeast right -of- way line of Interstate Highway 35 for an angle point; N 70' 23' 30" E. 50.07 feet along the southeast right -of --way line of Interstate Highway 35 to an iron pin set for an angle point; N 59' 40' 00" S. 141.97 feet along the southeast right -of -way line of Interstate Highway 35 to an iron pin set for an angle point; S 81' 56' 32" E. 589.33 feet to an iron pin set for an angle point; S 77' 21' 24" E. 232.38 feet to an iron pin set for the northeast corner of this tract. Thence along the northeast and east line S 29' 13' 30" E. 635.00 feet to an S 51' 40' 55" E. 81.15 feet to an S 19' 39' 30" W. 53.32 feet to an %S 08' 58' 39" E. 196.60 feet to an S 07' 23' 00" W. 48.56 feet to an S 33' 51' 19" W. 32.69 feet to an S 11' 01' 21" W. 315.23 feet to southeast corner of this tract. of this tract as follows: iron pin set for an angle point; iron pin set for an angle point; iron pin set for an angle point; iron pin set for an angle point; iron pin set for an angle point; iron pin set for an angle pc int; an iron pin set in a curve for the Thence along a south line of.this tract as follows: Westerly along the arc of said curve to the left having a radius of 1400.00 feet and a central angle of 02' 35' 08" a distance of 63.18 feet to an iron pin set for the end of said curve. N 86' 09' 43" W. 47.83 feet to an iron pin set for the beginning of a curve to the right. Westerly along the arc of said curve to the right having a radius of 320.00 feet and a central angle of 19' 00' 51" a distance of 106.20 feet to an iron pin set at the end of said-curve. N 67' 08' 52" W. 38.80 feet to an iron pin set for a southwest corner of this tract. Thence N 22' O1' 00 -- �. .=14.35 feet along a west line of this trace pin set for an angle point; to an iron Thence N 08' 58' 36" W. 30.00 feet to an iron pin set for an angle aeint: Thence along a south and southeast line of this tract as follews: N 66' 00' 53" w- t;.t !o reel r„ an iron pin set ror an angle point; N 29' 13' 30" W. 200.00 feet to an iron pin set for an angle point; N 62' 39' 32" W. 173.78 feet to an iron pin set for an angle point; S 85' 57' 30" 'd. 100.00 feet to an iron pin set for an interior corner of this tract. Thence along an east S 08' 00' 51" S 11' 37' 59° E. S 18' 47' 06" E. S 01' 41' 20" W, S 22' oil 00 " W. this tract. ine of this tract as follows: 123.55 feet to an iron pin set 175.95 feet to an iron pin set 264.!6 feet to an iron pin set 121.42 feet to an iron pin set 115.00 feet to an iron pin set for an -angle point; for an angle point; for an angle point; for an angle point; for a southeast corner of Thence N 67' 08' 52" W. 38.62 feet along a south line of this tract to an iron pin set for a southwest corner of this tract. Thence N 47' 36' 09" L 71.11 feet along a northwest line of this tract to an iron pin set for an interior corner of this tract. Thence N 20' 48' 24" W. 534.88 feet along a southwest line of this tract to an iron pin se*_ for an angle point. Thence N 60' 27' 07" W. 168.90 feet along a south line of this tract to an iron Pin set for an angle point. Thence S 61' 29' 05' 'r/. 172.99 feet along a southeast line of this tract to an iron pin set for a corner. Thence N 27' 26' 47" E. 50.04 feet to an iron pin set for an interior corner of this tract. Thence N 45' 35' 26" W. 187.37 feet along a southwest line of this tract to an iron pin set for an inrarinr - mr-mm, Thence along a southeast line of this tract as follows: S 81' 38' 54" W. 99.97 feet to an iron pin set for an angle point; S 59' 30' 08" W. 91.12 feet to an iron pin set for an angle point; S 63' 46' 38" W. 79.61 feet to an iron pin set for an angle point; S 59' 45' 00" W. 891.26 feet to an iron pin set for an angle point; Thence S 29' 14' 42" W. 81.46 feet to an iron pin set for an angle point and S 01' 41' 12" W. 99.71 feet to an iron pin set for an angle point; Thence S 47' 12' 08" E. 98.94 feet to an iron pin set for a corner. EXH!RI:T N Thence S 09' 27' 44" W. 160.11 feet along a east line of this tract to an iron pin set for a south corner of this tract. Thence N 83' 27' 51" W. 40.33 feet along a south line of this tract to an iron Pin set for an angle point; Thence N 46' 20' 28" W. 225.35 feet along a southwest line of this tract to the Place of beginning and containing 27.84 acres of land, according to a survey on the ground on October 22, 1990, by Baker Surveying, Inc. EXHIBIT A Fieic notes of a 0.35 of an acre tract of iane situated. in Oral County, Texas, are ne i ng out of the Rafael Garza Survey ,4o. 98, Abstract 138, and consisting of a) 1 of that certain "Entrance way Parcel" conveyea to Central Texas Country Club Inc., by deed dat_c January 9, 1981, and reccrced in vo ] rre 305, Page 189, Ceed Recoras of Oral County, Texas, and being mor_ particularly described oy ;ores and bounds as follows. Beginning at a concrete monument found in the southeast ricnt -of -way line of Interstate Hignway 35, at a north corner of this tract and being S 59' 45' 00" E. 59.43 feet, along saie ricnt -of -way line from its intersection with the extension of the southwest right -of -way sine of Country Club Boulevard. Thence S 75' 07' 30" E. 116.00 feet along a north line of this tract to an iron pin found at an angle point. Thence N 59' 28' 00" E. 40.20 feet along a northwest line of this tract to an iron pin set for an angle point. Thence N 15" 09' 00" c 116.00 feet along a west line of this tract to an iron Pin found in the southeast right -of -way I ine of Interstate Hicnway 35, for a west corner of this tract. Thence N 59' 45' 00" E. 85.51 feet along the southeast right -of -way line of Interstate Hignway 35, to an iron. pin found for a north corner of this tract. Thence along the east line of this tract as follows: S 39' 21' 54" E. 24.20 feet to an iron pin found at an angle point. S 13' 37' 29" E. 48.32 feet to an iron pin found at an angle point. S 13' 26' 21" W 70.77 feet to an iron pin found at an angle point. S 34' 58' 35" W 95.57 feet to an iron pin found at its intersection witn the northeast right -of -way line of Country Club Boulevard for a south corner of this tract. Thence N 29' 55' 14" W. 45.59 feet along the northeast right-of-way' line of Country Club Boulevard to an iron pin found for an interior corner of this tract. Thence S 60' 04' 46" W, 86.00 feet along the southeast line of this tract to an iron pin found in the southwest right -of -way line of Country Cluo Boulevard for an interior corner of this tract. Thence S 29' 55' 14" E. 48.75 feet along the southwest right -of -way line of Country Club Boulevard to an iron pin round for an east cornea of this tract.. ,l -hence along the southwest line of this tract as 'oi'cws: S 83' 56' 28" w. 120.79 feet to an iron tin 'cund ":or an angie point. .N 72' 56' 38" W. 48.32 feet to an iron o.n .'tuna for an angie --o.nt. N 45' 08' 39" w. 82.39 feet to an iron oin fcur.c in the southeast way line line of Interstate Highway 35, for the west corner of t:nis trac_. Thence N 59' 45' 00" E. 105.64 feet along the scutreasz fight -of -way i ine cf Interstate Highway 35 to the point of beginning arc =nta.ning o.35 of e of land, according to a survey n the C acre gr =�nc �n .,c�:oer 22, 1990, oy 3axer Surveying, Inc. LOT 26, BLOCK 31, Northcliffe Community Section 5, to the map or plat according thereof, recorded under Volume ; , Page 304 of the Plat Records of Guadalupe County, Texas. Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: January 26, 2016 Department: Council Subject: Resolution No. 16 -R -04 reappointing Councilmember Daryl John to the Lone Star Rail Board BACKGROUND In accordance with the Rail District's governing statute (Texas Civil Statutes Article 6550c -1) and bylaws, each Board member serves a two -year term; additionally, the terms are staggered so that one -half of the Board members' terms expire on February 1 of each year to ensure Board continuity. City Council shall officially approve Resolution. No. 1.6 -R -04 re- appointing Councilmember Daryl John to the Rail District Board to represent the City of Schertz for a term of two years beginning February 1, 2016 and ending February 1, 2018. ATTACHMENTS Resolution No. 16 -R -04 RESOLUTION NO. 16 -R -04 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, REAPPOINTING COUNCILMAN DARYL JOHN TO THE BOARD OF DIRECTORS OF THE LONE STAR RAIL DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") has been a member of the Lone Star Rail. District since 2007 and the City Council appoints one member to the Lone Star Rail District Board of Directors; and WHEREAS, in accordance with the Rail District's governing statute (Texas Civil Statutes Article 6550c -1) and bylaws, each board member serves a two -year term; additionally, the terms are staggered so that one -half of the board members' terms expire on February 1 each year to ensure board continuity; and WHEREAS, The City Council has determined that it is in the best interest of the City to reappoint Councilmember Daryl John to the Lone Star Rail District Board of Directors for the unexpired term. BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council re- appoints Councilmember Daryl John to serve on the Lone Star Rail District Board of Directors for the Term of two years beginning February 1, 2016 and ending February 1, 2018. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made part of this Resolution for all purposes and are adopted as a part of the judgment and finding of the City Council. Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application . thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is official found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of 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 is final passage, and it is so resolved. PASSED AND ADOPTED, this 26th day of January, 2016. . CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) LONE STAR RAIL DISTRICT MEMORANDUM To: Appointing Jurisdictions City of Austin Bexar County City of San Antonio Hays County City of San Marcos City of Schertz From: Rachel Clampffer, AICP Rail District Senior Administrator Date: January 13, 2016 Transmitted via e -mail Capital Metro Tx. Transportation Commission Travis County Re: 2016 Appointments to Lone Star Rail District Board of Directors This memo serves to notify appointing jurisdictions that their current representative's term on the Lone Star Rail District Board of Directors will expire in February. In accordance with the Rail District's governing statute (attached), one -half of the Board members' terms expire each year. The terms of the Board members listed below will expire on February 1, 2016. Newly appointed Board members will serve a two -year term that runs from February 1, 2016 to February 1, 2018. All Board members are eligible to serve another two -year term, and all Board members remain on the Board until they or another representative is appointed by the jurisdiction. We request that each of the jurisdictions listed below appoint a member to the Rail District Board by February 2016, and that you notify me when the appointment is made. We appreciate your attention and action on the appointments listed below. If you need additional information, please don't hesitate to contact me by cell phone (512- 718 -0965) or by e -mail (rclam ffer elonestarrail.com). The following Board members' terms will expire on February 1, 2016: Jurisdiction Represented Current Board Member AACOG Alamo Regional Transit Executive Director Diane Rath (appointed by Bexar County) Capital Area Rural Transportation System LSRD Board Member Kim (CARTS) Porterfield (appointed by Travis County) Lone Star Rail District 2014 Board Appointments January 13, 2016 page 2 Capital Metropolitan Transportation Authority Board Vice Chair Beverly Silas City of Austin Council Member Sabino Renteria City of San Antonio Council Member Rebecca Viagran City of San Marcos Mayor Pro Tern John Thomaides City of Schertz Mayor Pro Tern Daryl John General Public, San Antonio (appointed by Texas Transportation Commission) LSRD Board Vice Chair Tullos Wells Hays County Commissioner Will Conley Lone Star Rail District 2014 Board Appointments January 13, 2016 page 3 Article 6550c -1. Intermunicipal Commuter Rail Districts Section 3: BOARD Sec. 3. (a) A district is governed by a board of directors. The board is responsible for the management, operation, and control of the district. (b) The board is composed of the following members: (1) two public members appointed by the commission; (2) one elected member of the governing body of each political subdivision that has become a part of the district under Section 2 of this article; (3) one elected member appointed by the regional planning organization of which a creating municipality is a part; (4) one member appointed by each creating municipality to represent the business community of the municipality; (5) one member appointed by each authority created under Chapter 451, Transportation Code, that serves a creating municipality; (6) one member appointed by each county in which a creating municipality is located to represent transportation providers that provide service to rural areas in the county; (7) one member appointed by each entity that has become a part of the district under Section 2 of this article; and (8) one member appointed by all other board members to represent all municipalities in the district that do not otherwise have representation on the board and who shall be an elected official of one of those municipalities. (c) If a vacancy occurs on the board, a successor shall be appointed or elected in the same manner as the original appointment or election. Each member serves a staggered two -year term with as near as possible to half of the members' terms expiring February 1 of each year. If one or more members are added to the board, the board members other than the new members shall determine the lengths of the new members' terms so that one -half, or as near one -half as possible of the members serve terms expiring each year. Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: January 26, 2016 Department: Engineering / Public Works Subject: Ordinance No. 16-D-01 - An Ordinance by the City Council of the City of Schertz, Texas providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising Article V, Section 86 -149 Parking Prohibited on Roadways Maintained by the City of Schertz. (First Reading) David Lack Boulevard (DLB) is located off Schwab Road in northeast Schertz. DLB is a 64- foot wide road with two travel lanes in each direction and a center turning lane. Currently there are no special travel or parking restrictions in place. The road is bounded by GE Oil and Gas (GE) and Sysco Foods, two businesses that are experiencing rapid growth. GE has added workers at the Schertz facility and many are parking along DLB next to the GE facility. In an effort to alleviate the problem GE has added additional parking in the rear of its property. Additionally, Sysco continues to grow adding new deliveries to and from the Schertz facility. In early November, the City was notified that through traffic was being blocked. Cars were parked in the outermost lane and delivery semi - trucks would park in the inner and middle lane which prohibited through traffic. City staff met to discuss the traffic issue and identity a potential solution. On December 2nd the City met with representatives from both GE and Sysco to discuss the potential solution. In addition to supporting the proposed solution both companies acknowledged changes they could make to help reduce the congestion. Both companies are in support of prohibiting parking on DLB. At the regular meeting of the Transportation Safety Advisory Commission on January 7, 2016, the Commission discussed this item and recommended to City Council to prohibit parking on DLB. Goal To ensure continuous employee and emergency vehicle access for the safety of employees and visitors to the area. Community Benefit To provide for the safety of the citizens and commuters in the City of Schertz. Summary of Recommended Action Recommend approval on first reading to prohibit parking on David Lack Boulevard as shown in Exhibit A. FISCAL IMPACT The fiscal impact will be $480.00 for no parking signs paid out of FY 201.5 -1.6 approved budget account number 101- 359 - 551600 Street Maintenance. RECOMMENDATION Staff recommends Council approve on first reading Ordinance No. 1.6 -D -01 to amend Article 5, Section 86 -149 Parking Prohibited of the Code of Ordinances to include David Lack Boulevard as shown in Exhibit A. ATTACHMENT Ordinance No. 16 -D -01 Exhibit A: David Lack Blvd. No Parking Zone ORDINANCE NO. 16 -D -01 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE V, SECTION 86 -149 PARKING PROHIBITED ON ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been established that David Lack Blvd. from the intersection of Schwab Rd. to 1900 -feet east of the intersection of David Lack :Blvd. and Schwab Rd. is not covered under Article V, Section 86 -149 Parking Prohibited of the City Code of Ordinances; and WHEREAS, it is recommended to add this area as shown in Exhibit A to the City Code of Ordinances under Article V, Section 86 -149, Parking Prohibited. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. Article V, Section 86 -1.49 of the Code of Ordinances, Parking Prohibited on Roadways Maintained by the City of Schertz, Texas is amended to add the following: Street Extent David Lack Blvd. No Parking on David Lack Blvd. from the intersection of Schwab Rd. to 1900 -feet east of the intersection of David Lack Blvd. and Schwab Rd. 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. Section 8. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 26th day of January, 2016. PASSED, APPROVED AND ADOPTED on final reading the 2nd day of February, 2016. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A David Lack Blvd. No Parking Zone III . �o • x' Proposed Ordinance: vm W N E WA � ww W S E X H I B I T A 0 100 200 400 600 800 1,000 Feet Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: January 26, 2016 Department: Management /Council Subject: Ordinance No. 16 -M -02 — Ordinance amending the City Council Code of Ethics by adding language regarding media contact. First Reading At the Council meeting of January 12, 2016, . Council discussed having the City Attorney help add clarity to their Code of Ethics in regard to City Council communications with the media. At that meeting, City Attorney Charles Zech offered to get with staff to craft some language that would not infringe on any first amendment rights but still gets across the position of council on how media relation issues should be handled. He also stated he got the feeling that we just want to be careful with information when it is provided by council and to keep in mind the intricacies of law enforcement and any other privacy concerns that may arise as a result of their speech. IWZTi • ' • On None RECOMMENDATION Staff recommends Council approve Ordinance No. 16 -M -02 first reading. ATTACHMENTS Ordinance No. 16 -M -02 Revised Council Code of Ethics ORDINANCE NO. 16 -M -02 AN ORDINANCE BY THE CITY OF SCHERTZ, TX AMENDING CITY COUNCIL CODE OF ETHICS; PROVIDING A POLICY FOR MEDIA RELATIONS; 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 a Code of Ethics; and WHEREAS, the City Council currently does not address the issue of dealing with the media; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend, update, and clarify the Code of Ethics as they relate to dealing with the media. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the City Council Code of Ethics are amended by adding a Section 4 under the Ethical Conduct Rules as follows: 4. City Council Media Communication Guidelines a. Effective media relations best serves the City by providing accountability to the public and transparency of government, ensuring accurate information is conveyed to the public, establishing and maintaining an accurate public perception of the City; informing residents of City programs and services, and promoting the City's achievements, activities and significant events. b. Council Members and the Mayor have been elected to represent our community and are free to speak to the media on any subject. This policy and its included guidelines are intended to ensure that accurate consistent information is provided to the media and that City Council's integrity and professional image is preserved. C. Guidelines: 1. Council Members and the Mayor have the right to express personal opinions on any issue, but must make it clear that they are speaking for themselves, are not speaking in an official capacity for the City, and are not speaking on behalf of City Council, unless the position has been adopted by the City Council; 2. All conversations with a member of the media should be treated as on the record. 3. All interviews with a member of the media should be reported to the City's Public Information Officer as soon as reasonably possible after the interview. 4. There are certain highly sensitive issues that may require greater discretion when speaking to media. These issues include: i. Legal issues, including liability issues and pending litigation; ii. Personnel issues, including those surrounding existing and former employees; iii. Questions that involve police or fire investigations; or iv. A community -wide situation or emergency. It is highly encouraged that City Council members and the Mayor contact the City Manager for any relevant information prior to commenting on such matters. 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 26TH day of January, 2016. PASSED, APPROVED and ADOPTED ON SECOND READING, the 2'd day of February, 2016. Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (Seal of City) CITE' UD City Council Code of Ethics Introduction 01-26-16 Revisedl)RAFT The City Council Code of Ethics (the "Codes ") applies only to the members of the City Council: the Mayor, the Mayor Pro -Tem and the other City Council members. Furthermore, all provisions of the Codes apply equally to the Mayor, Mayor Pro -Tem and City Council . members, who must follow the content of the Codes as well as the spirit. It is the policy of the City Council that all of its men is also the policy of the City Council that all of its forth in the City Charter and all City ordinances and 1 Purpose By adopting these Codes, Council members commit to: • transparent and accountable governance; • honest, fair and respectful dealings with fello wider community; and • working together to deliver the best outcomes ft These standards, Council policies,; the City Council Limitations The Codes Article III, Section '' Nothiniz in the Codes Procedure with from call abide by federal and state law. It -Irs shall abide by the provisions set , including the Codes. , City staff, and the the long -term interests of the City. Council members to abide by at public trust and confidence in ,xplain or otherwise clarify the articles set forth in the c right given to the City Council in the City Charter in IV, Section 4.08, to exercise its governmental powers. or supersede the City Charter or state law. a. City boards, committees and commissions are formed in order to provide independent recommendations to Council and, in the case of some commissions, to conduct hearings in order to make determinations, which may or may not be subject to appeal to the Council. 2. Council Members Serving as Council Liaisons a. A Council liaison is a Council member who is specifically assigned to be the liaison between the City Council and a board, committee or commission. The primary role of the liaison is that of facilitator of communications between the Page 1 CITE' 01-26-16 Revisedl)RAFT board, committee or commission and the Council. A Council member who is appointed to sit as a member of a board, committee or commission is not a liaison for purposes of this policy. b. A Council liaison shall facilitate communications between the board, committee or commission and the Council. The liaison should not be an advocate for the board, committee or commission, give direction to a board, committee or commission or influence a decision of a board, committee or commission. The liaison may, however, assist and provide guidance to a board, committee or commission with their work plans or agendas. c. A Council Liaison Acts as the: i. Spokesperson on behalf of the Council when so directed by the Council. ii. Contact person, if the board, committee or commission (or an individual board, committee or commission member) wants such a channel of communication. iii. Council representative present to identify procedural and structural issues relating to the effective functioning of the board, committee or commission for Council. d. Council Liaison Participation Expectations: i. Attendance is discretionary with the Council member. Attendance as a liaison at a board, committee or commission meetings is not required. ii. Liaisons shall have no vote on the board, committee or commission. iii. Liaison attendance at board, committee or commission retreats is discouraged unless attendance is requested by the board, committee or iv. Liaisons do not have a right to be in attendance at board, committee or commission executive sessions and shall abstain from attending such executive sessions unless invited to attend by the collective board, committee or commission. Ethical Conduct Rules 1. Ethical Conduct Rules for all City Council Members a. During City Council meetings, City Council members shall assist in preserving order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to obey the orders of the presiding officer or the rules of the City Council. Page 2 01-26-16 Revisedl)RAFT board, committee or commission and the Council. A Council member who is appointed to sit as a member of a board, committee or commission is not a liaison for purposes of this policy. b. A Council liaison shall facilitate communications between the board, committee or commission and the Council. The liaison should not be an advocate for the board, committee or commission, give direction to a board, committee or commission or influence a decision of a board, committee or commission. The liaison may, however, assist and provide guidance to a board, committee or commission with their work plans or agendas. c. A Council Liaison Acts as the: i. Spokesperson on behalf of the Council when so directed by the Council. ii. Contact person, if the board, committee or commission (or an individual board, committee or commission member) wants such a channel of communication. iii. Council representative present to identify procedural and structural issues relating to the effective functioning of the board, committee or commission for Council. d. Council Liaison Participation Expectations: i. Attendance is discretionary with the Council member. Attendance as a liaison at a board, committee or commission meetings is not required. ii. Liaisons shall have no vote on the board, committee or commission. iii. Liaison attendance at board, committee or commission retreats is discouraged unless attendance is requested by the board, committee or iv. Liaisons do not have a right to be in attendance at board, committee or commission executive sessions and shall abstain from attending such executive sessions unless invited to attend by the collective board, committee or commission. Ethical Conduct Rules 1. Ethical Conduct Rules for all City Council Members a. During City Council meetings, City Council members shall assist in preserving order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to obey the orders of the presiding officer or the rules of the City Council. Page 2 CITE' 01-26-16 Revisedl)RAFT b. During City Council meetings, a City Council member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine discussion to the question under debate, avoid discussion of personalities and indecorous language, and refrain from personal attacks and verbal abuse. c. During City Council meetings, a City Council member desiring to question the administrative staff shall address questions to the City Manager, who shall be entitled either to answer the question(s) or designate a member of City staff. Such designation may occur at any time, including prior to a City Council meeting. City Council members shall not berate nor admonish staff members. Cl. During City Council meetings, a City Council member, once recognized, shall not be interrupted while speaking unless called to order by the presiding officer, to raise a point of order, procedure or privilege, or unless the speaker chooses to yield to questions from another member. If a City 'Council member is called to order while speaking, that member shall cease speaking immediately until the question of order is determined. If ruled to be in order, the member shall be permitted to proceed. If ruled to be not in order, the member shall remain silent or make additional remarks so as to comply with rules of the City Council. e. During City Council meetings, City Council members shall confine their questions to the particular matters before the assembly, and in debate, shall confine their remarks to the issues before the City Council. when there is more than one speaker on the same will delay their comments until after all speakers een heard. shall clearly state when he /she has been directed by Council to )f the City Council at the meeting of any board, committee or other commentary offered before a board, committee or ,med to be the personal opinion of the Council member. h. Council members shall not speak on behalf of the Council at any place or time unless they have been so directed by the body of the City Council. Any commentary offered at any time, in public or otherwise, is deemed to be the personal opinion of the City Council member speaking. Page 3 01-26-16 Revisedl)RAFT b. During City Council meetings, a City Council member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine discussion to the question under debate, avoid discussion of personalities and indecorous language, and refrain from personal attacks and verbal abuse. c. During City Council meetings, a City Council member desiring to question the administrative staff shall address questions to the City Manager, who shall be entitled either to answer the question(s) or designate a member of City staff. Such designation may occur at any time, including prior to a City Council meeting. City Council members shall not berate nor admonish staff members. Cl. During City Council meetings, a City Council member, once recognized, shall not be interrupted while speaking unless called to order by the presiding officer, to raise a point of order, procedure or privilege, or unless the speaker chooses to yield to questions from another member. If a City 'Council member is called to order while speaking, that member shall cease speaking immediately until the question of order is determined. If ruled to be in order, the member shall be permitted to proceed. If ruled to be not in order, the member shall remain silent or make additional remarks so as to comply with rules of the City Council. e. During City Council meetings, City Council members shall confine their questions to the particular matters before the assembly, and in debate, shall confine their remarks to the issues before the City Council. when there is more than one speaker on the same will delay their comments until after all speakers een heard. shall clearly state when he /she has been directed by Council to )f the City Council at the meeting of any board, committee or other commentary offered before a board, committee or ,med to be the personal opinion of the Council member. h. Council members shall not speak on behalf of the Council at any place or time unless they have been so directed by the body of the City Council. Any commentary offered at any time, in public or otherwise, is deemed to be the personal opinion of the City Council member speaking. Page 3 CITE' UD 01-26-16 Revisedl)RAFT i. Council members shall not speak to any board, committee or commission member on any matter that may come before the Council in a manner designed to influence the member. j. No Council member shall privately lobby any member outside of the meetings in an attempt to influence his or her individual vote. k. Any Council member who has testified on his or her own behalf or as a witness before a board, committee or commission on any administrative action which then comes to Council is disqualified from participating as a Council member on the matter only if'there is a legal conflict of interest. i of Information St a. Council members confidential. b. Any Council mE presentations or be deemed to h 3. Indivi Staff in Executive Sessi keep all matters discussed in executive session shares any part or portion of the discussions, discourse, ,n heard or presented during an executive session shall Only the City Council, acting as a body, is permitted to provide direction and instruction to the City Manager, City Secretary, City Attorney or the City Judge (or Judges) regarding any matter confronting the City, whether policy - related or otherwise. No member of Council (specifically including the Mayor, the Mayor Pro -Tem and the individual 'Council members) shall, at any time, give individual instruction to, attempt to define policy for, or make any demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff. e. No member of Council shall attempt to influence the City Manager, City Secretary, City Attorney, City Judge (or Judges) or any member of staff to circumvent City rules, policies or ordinances. Page 4 CITY UD N M H 01-26-16 Revisedl)RAFT d. Any member of Council may, of course, at any time, make requests of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff for information, assistance, or other help as may be necessary, so long as no orders, threats, promises, intimidations, or ultimatums, explicit or implicit, are issued. e. The single exception to this rule is that in times of emergency lawfully declared by the Mayor, the Mayor may act independently as to matters of urgent need until a meeting of the Council, in quorum, can be called. f, Any member of Council giving City Manager, City Secretary, City Attorney or any member of staff, with the exception of declared by the Mayor, during which time the until a meeting of the Council, in quorum, can have violated the Codes. City Council Media a, Effective media public and transparency the public, establishing infonsiinu residents of Lion or making a demand of the the City Judge (or Judges) or times of emergency lawfully Mayor may act independently be called, shall be deemed to elation best serves the City by providing accountability to the of government, ensuring accurate information is conveyed to and maintaining an accurate public perception of the City, City prograrris and services, and prornoting the City's and significant events. Members and the Mayor have been elected to represent our COIT11-nunity o speak to the media on any subject. This policy and its included intended to ensure that accurate consistent infornialion is provided to flUlt City COLITICH'S integrity and professional image is preserved. All conversations with a member of the media should be treated as on the record. 3 All interviews with a member of the media should be reported to the City's Public Information Officer as soon as reasonably possible after the interview, 4 There are certain highly sensitive issues that may require greater discretion when speaking to media. These issues include- Page 5 CITY 01-26-16 Revisedl)RAFT i. Legal issues, including liability issues and pending litigation; ii. PersonnO issues, including those surrounding existing and forMer employees; iii. Questions that involve police or fire investigations; or iv. A community-wide situation or emergency. Page 6 'odes shall be in violation of said articles set forth in the City f or in a manner inconsistent with the ed to have violated the Codes. 01-26-16 Revisedl)RAFT i. Legal issues, including liability issues and pending litigation; ii. PersonnO issues, including those surrounding existing and forMer employees; iii. Questions that involve police or fire investigations; or iv. A community-wide situation or emergency. Page 6 'odes shall be in violation of said articles set forth in the City f or in a manner inconsistent with the ed to have violated the Codes. CITE' 01-26-16 Revisedl)RAFT 3. Violations of Law or Policy by Council Members Depending on the circumstances of alleged violations of law or policy, the Council may initiate an investigation of the allegations prior to the filing of a request for any of the actions described in this policy. Nothing in this policy shall preclude individual Council members from making public statements regarding such alleged conduct. In deciding whether or not to open an investigation (whether pursuant to these rules or pursuant to Article IV, Section 4.10 of the City Charter), City Council should consider: a. whether a Council investi the same alleged actions whether the right of the compromised by procee& b. if persons involved in the right against self- incrimir present a full picture of all c. how to ensure the policy, those makii the matter, the Texas to take Reporting ay compromise other investigations regarding the actions may result in criminal charges, I Council member to a fair jury trial may be an investigation; ons may choose to exercise their constitutional limit the investigation's ability to ,e accused of violations of law or se who have information regarding by of the processes described in this policy, the Council may refer date, to the Bexar, Comal or Guadalupe County District Attorney, Commission, or to another law enforcement agency, for ng such a referral, the Council may proceed with any actions it the provisions of the City Charter. Any suspected violation or alleged violation by a Council member must be reported to the Mayor. Any suspected violation or alleged violation by the Mayor shall be reported to the Mayor Pro -Tem and the City Attorney. In the case of a City staff member making the report regarding a Council member, the report shall be made to the City Manager, who will then report it to the Mayor. Upon report, the City Manager and City Attorney will assist the Mayor (or the Mayor Pro -Tem regarding a report concerning the Mayor) in following the procedures addressing violations or alleged violations. Page 7 01-26-16 Revisedl)RAFT 3. Violations of Law or Policy by Council Members Depending on the circumstances of alleged violations of law or policy, the Council may initiate an investigation of the allegations prior to the filing of a request for any of the actions described in this policy. Nothing in this policy shall preclude individual Council members from making public statements regarding such alleged conduct. In deciding whether or not to open an investigation (whether pursuant to these rules or pursuant to Article IV, Section 4.10 of the City Charter), City Council should consider: a. whether a Council investi the same alleged actions whether the right of the compromised by procee& b. if persons involved in the right against self- incrimir present a full picture of all c. how to ensure the policy, those makii the matter, the Texas to take Reporting ay compromise other investigations regarding the actions may result in criminal charges, I Council member to a fair jury trial may be an investigation; ons may choose to exercise their constitutional limit the investigation's ability to ,e accused of violations of law or se who have information regarding by of the processes described in this policy, the Council may refer date, to the Bexar, Comal or Guadalupe County District Attorney, Commission, or to another law enforcement agency, for ng such a referral, the Council may proceed with any actions it the provisions of the City Charter. Any suspected violation or alleged violation by a Council member must be reported to the Mayor. Any suspected violation or alleged violation by the Mayor shall be reported to the Mayor Pro -Tem and the City Attorney. In the case of a City staff member making the report regarding a Council member, the report shall be made to the City Manager, who will then report it to the Mayor. Upon report, the City Manager and City Attorney will assist the Mayor (or the Mayor Pro -Tem regarding a report concerning the Mayor) in following the procedures addressing violations or alleged violations. Page 7 CITE' 01-26-16 Revisedl)RAFT Procedure for Conducting Inquiries The role of leading an inquiry of any Council member for any violation or alleged violation of this policy lies with the Mayor, Mayor Pro -Tem, and, if approved by Council, an independent attorney or investigator. If the Mayor is the subject of an inquiry, the Mayor Pro -Tem, or the next ranking official by seniority and, if approved by Council, an independent attorney or investigator will lead the inquiry. The City Attorney shall not conduct the investigation of any Council member. All Council members who are not the subj inquiry process regarding violations or all, Any member of the Council who is the sul written statement responding to the findings Enforcement of Violations The members of enforcement of ai pertaining to this of enforcement a may be progressi aecsons on a case the disciplinary stet circumstances under City Council membe • f antioninsr is of this a right to participate in the it subsequent enforcement. of an inquiry shall have the ability to provide a to govern themselves responsibly in the <tive for establishing rules of enforcement oncise, and efficient guidelines for the use of this policy. As a general matter, enforcement of this policy ances may indicate that strong actions be taken immediately. I to the enforcement guidelines of this policy, and should make City Council, as a collective body, may change the order of w, or may choose not to use any step, depending on the any appropriate disciplinary action including, but not limited to: • Cautioning is identified as a verbal reprimand due to a violation of the policy. The cautioning is only a verbal reprimand and shall not be recorded. • A cautioning shall only be administered in private by the Mayor with only one (l) member of Council present. If the Mayor is receiving the cautioning, it shall . be administered in private by the Mayor Pro -Tem with only one (1) member of Council present. • Correction. o Correction is identified as a verbal reprimand due to multiple policy violations. Page 8 01-26-16 Revisedl)RAFT Procedure for Conducting Inquiries The role of leading an inquiry of any Council member for any violation or alleged violation of this policy lies with the Mayor, Mayor Pro -Tem, and, if approved by Council, an independent attorney or investigator. If the Mayor is the subject of an inquiry, the Mayor Pro -Tem, or the next ranking official by seniority and, if approved by Council, an independent attorney or investigator will lead the inquiry. The City Attorney shall not conduct the investigation of any Council member. All Council members who are not the subj inquiry process regarding violations or all, Any member of the Council who is the sul written statement responding to the findings Enforcement of Violations The members of enforcement of ai pertaining to this of enforcement a may be progressi aecsons on a case the disciplinary stet circumstances under City Council membe • f antioninsr is of this a right to participate in the it subsequent enforcement. of an inquiry shall have the ability to provide a to govern themselves responsibly in the <tive for establishing rules of enforcement oncise, and efficient guidelines for the use of this policy. As a general matter, enforcement of this policy ances may indicate that strong actions be taken immediately. I to the enforcement guidelines of this policy, and should make City Council, as a collective body, may change the order of w, or may choose not to use any step, depending on the any appropriate disciplinary action including, but not limited to: • Cautioning is identified as a verbal reprimand due to a violation of the policy. The cautioning is only a verbal reprimand and shall not be recorded. • A cautioning shall only be administered in private by the Mayor with only one (l) member of Council present. If the Mayor is receiving the cautioning, it shall . be administered in private by the Mayor Pro -Tem with only one (1) member of Council present. • Correction. o Correction is identified as a verbal reprimand due to multiple policy violations. Page 8 CITE' UD y %�� 01-26-16 Q' vzsed l)RAFT The correction of any Council member, including the Mayor, will not be administered in writing and shall be conducted in accordance with the Open Meetings Act. • A quorum of Council plus one (1), including the corrected Council member, shall . be present during the correction of another Council member. • The City Attorney shall be notified of the correction before the correction is administered and the City Attorney shall be present during the administration of the correction. • Censure • The act of placing a Council member under censure is an official and public reprimand of a City Council member by the body of the City Council for multiple and /or serious infractions against the City Council Code of Ethics. Therefore, City Council Members who are placed under censure are considered to be `not in good standing' with the body of the Council. • The censure of any Council member, including the Mayor, shall be administered in writing. • Censure may last up to sixty (60) days or as appropriately defined by City Council on a case by case basis. • At the end of the censure period, the censure has expired and shall not be • A t —ounce once their • The body Council 'n • All censu Act. • Because c in open s passed by ber plat y return to a good standing status ;ensure period has ended. of the City Council may determine to end the censure period of a ,mber prier to the conclusion of said period at their discretion. hearings shall be conducted in accordance with the Open Meetings Zinistered in writing, a censure must be publicly voted on Council. The censure of any Council member must be supermajority vote. Page 9 Date: 1/26/2016 From: Finance Department To: the Mayor and Councilmembers Subject: Mayor and Council Compensation This information item is to inform you of an upcoming pay change to the Mayor and Council compensation amounts. The compensation will change based on the January 1st, 2016 Consumer Price Index (CPI) and will be effective the payroll following the release of that data at the end of February. The change is in compliance with Ordinance 08-G-31 which provides for council compensation to be adjusted every year based on the difference between each January 1 st Consumer Price Index for All Items in the South Urban area. This ordinance replaced the previous councilmember pay ordinance 74-G-38 which paid each member of council based on their attendance and set a flat compensation amount. Ordinance 08-G-31 provides for pay adjustments based on the Consumer Price Index starting January 1, 2010. However, council pay has not been updated in any year since approval. Therefore, the planned pay adjustment at the end of February will use the difference in the CPI from January 1, 2010 and January 1, 2016. This will set the council compensation at a rate with the same buying power it had in 2010 which was the intent of the compensation ordinance. This will be a change in the biweekly compensation amount only. Any member of council may submit a letter to the City to not receive compensation. At a future date the ordinance may be brought back before council to update the language to better conform to the current practices and policies of the City of Schertz and of the Federal Government Agencies. For more information please contact Mr. John Kessel, City Manager. �����rhertz, Texas 78154 210.61961000 scher CC=