02-23-2016 Agenda with backup materialCity Council Agenda
REGULAR SESSION CITY COUNCIL
February 23, 2016, 6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
City of Schert� 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 Pledges of Allegiance to the Flags of the United States and State of Texas.
(Mayor Carpenter)
City Events and Announcements
• Announcements of upcoming City Events (B. James /D. Wait /B. Cantu)
• Announcements and recognitions by City Manager (J. Kessel)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person should
fill out the speaker's register prior to the meeting. Presentations should be limited to no more than
3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while addressing the
Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of specific
factual information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the
Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak
in the order they have registered.
Consent Agenda Items
The Consent Agenda is considered self - explanatory and will be enacted by the Council with one
motion. There will be no separate discussion of these items unless they are removed from the
Consent Agenda upon the request of the Mayor or a Councilmember.
02 -23 -2016 Council Agenda
1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular
Meeting of February 9, 2016, and approval of the Special Town Hall Meeting of February
16, 2016. (J. Kessel /B. Dennis)
2. Ordinance No. 16 -C -04 — Consideration and /or action approving an Ordinance amending
the Code of Ordinances of the City of Schertz Chapter 18, Buildings and Building
Regulations, Article 1, In General , Section 18 Inspections and Article III, International
Residential Code for One and Two Family Dwellings 81052, Work Exempt from Permits.
Final Reading (B. James /G. Durant)
3. Resolution No. 16 -R -15— Consideration and /or action approving a Resolution authorizing
EMS Debt Revenue Adjustments for certain inactive outstanding accounts receivables. (D.
Wait /J. Mabbitt)
4. Resolution No. 16 -R -16 - Consideration and /or action approving a Resolution authorizing
Utility Billing Debt Revenue Adjustments for certain inactive outstanding accounts
receivables. (D. Wait /C. Spence)
Discussion and Action Items
5. Resolution No. 16 -R -13 — Consideration and /or action approving a Resolution authorizing
an amendment to the existing agreement for the upgrading of internet services provided by
Time Warner Cable to Schertz Senior Center at 608 Schertz Parkway, the City's Main Hub
for public WiFi Services from a 7 MBPS Service to a 50 MBPS Service to increase
bandwidth for public and vendor use. (B. James /M. Clauser)
6. Resolution No. 16 -R -17 — Consideration and /or action approving a Resolution authorizing
the addition of new services to the existing agreement for the Live Oak Road Data
Center /Disaster Recovery Site provided by Time Warner Cable to allow internet Services to
the City's Disaster Recovery Site at 1057 E. Live Oak. (B. James/M. Clauser)
7. Resolution No. 16 -R -18 — Consideration and/or action approving a Resolution authorizing a
Software Maintenance Agreement with Environmental Systems Research Institute, Inc. for
GIS Software. (B. James /M. Clauser)
Roll Call Vote Confirmation
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
02 -23 -2016 City Council Agenda Page - 2 -
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
1.1. Information available in City Council Packets - NO DISCUSSION TO OCCUR
• Lone Star Rail District Update. (B. James)
Adiournment
CERTIFICATION
I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY
CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL
BULLETIN BOARDS ON THIS THE 19th DAY OF FEBRUARY, 2016 AT 11:00 A.M. WHICH IS
A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID
NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT
CODE.
grevkJci Devwx,'Ls
Brenda Dennis, City Secreta
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE
OFFICIAL BULLETIN BOARD ON DAY OF 2016.
Title:
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking
spaces are available. ffyou 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
02 -23 -2016 City Council Agenda Page - 3 -
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
Councilmember Fowler — Place 1
Audit Committee
Interview Committee for :Boards and Commissions
Interview Committee for Boards and Commissions
Schertz Housing Board Liaison
Investment Advisory Committee
.Randolph Joint Land Use Study (JLUS) Executive
TIRZ II Board
Committee
Schertz Seguin Local Government Corporation
Councilmember Azzoz — Place 2
Councilmember John — Place 3
Animal Control Advisory Committee
Lone Star Rail District
Sweetheart Advisory Committee
Mayor Pro -Tem 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
02 -23 -2016 City Council Agenda Page - 4 -
CITY COUNCIL MEMORANDUM
City Council Meeting: February 23, 2016
Department:
Subject:
City Secretary
Minutes
Agenda No. 1
The City Council held a Regular Meeting on February 9, 2016 and a Special Town Hall Meeting
on February 16, 2016. .
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the Regular meeting of February 9, 2016 and
the minutes of the Special Town Hall Meeting on February 16, 2016.
ATTACHMENTS
Minutes — Regular meeting of February 9, 2016
Special Town Hall meeting of February 16, 2016
MINUTES
REGULAR MEETING
February 9, 2016
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February
9, 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 -Tem
Councilmember Jim Fowler Councilmember
Councilmember Daryl John Councilmember
Staff Present: City M,
Executive Director Brian James Executi
Executive Director Bob Cantu City At
City Secretary Brenda Dennis
Cali to Order — City Council Regular Session
Mayor Carpenter called the meeting to order at 6:02 p.m.
(Councilmember John)
Councilmember John provided the opening
of the United States and the St t 'cif Texas.
Events and
• Announcements of
made:
kS
Wait
of allegiance to the flags
Wait /B. Cantu)
• Thursday, February 11, Chuck Wagon Breakfast, Frost Bank IH -35 N, 7:30 a.m.
• Thursday, February" 11, Trail. Rider Lunch, Pickrell Park, 11:30 a.m.
•
Thursday, February 11, Northeast Partnership Meeting, Olympia Hills Golf &
Conference Center 11:30 a.m.
• Thursday;`February 11, TML Region 7 Meeting — The Gardens at Old Town Helotes,
City of Helot s, Reception begins at 5:00 p.m. RSVP to the City Secretary by Friday,
February 5. .
• Friday, February 12, We Rent It Ribbon Cutting, 18115 IH 35 Frontage Rd, 2:00 p.m.
• Monday, February 15, City Holiday in Observance of President's Day.
• Tuesday, February 16, Council on the Go Meeting, Community Center North, 6:30 p.m.
SAVE THE DATE:
• Saturday March 5, 8th Annual. Wilenchik's Walk for Life 2016, Clemens High School,
8:00 a.m.
02 -09 -2016 Minutes Page - 1 -
• Announcements and recognitions by City Manager (J. Kessel)
No announcements were provided at this time.
Employee Service Recognition
• Matt Troncoso, EMS Shift Supervisor— 25 Years
• Eber Busch Water/Waste Supervisor — 25 Years
Mayor Carpenter recognized City Manager John Kessel who called both Matt and Eber up for
recognition stating that he is doing this a little differently thark, in the past as each started out
their career in the Water Department when first hired. Mr.', kegsel provided information on
their accomplishments, goals and interests as well As' provided , comments from their
departments. Mr. Kessel recognized Matt's daughter Stacy wh6c`
aine forward reading a
tribute in honor of her dad. Mr. Kessel presented Matt and' Eber with their 25 year pins and
recognized Chair of the Historical Preservation Committee Dean Weirtz,who also came
forward presenting them with copy of the newest publication of the Schertz ffislory Book as
they too have been a part of Schertz History.
Matt and Eber expressed their gratitude and thanks
and Councilmembers came down ffom,the dais to cc
Mayor Carpenter recessed the meeting at 6:2
Mayor Carpenter reconvened the meeting at
Presentation
• Historicat'Preservation
City of Schertz. Mayor Carpenter
Ite Matt and Eber.
February 11 -28, 2016,as Official Rodeo Season and February 11,
!4 presented the proclamation to the Rodeo Ambassador's
-"Chair Cindy Gidden presented each member of Council with a
el pin"And tickets to Thursday's Rodeo.
ttee Annual Report. (B. James/D. Weirtz)
Mayor Carpenter recognized Chair of the Historical Preservation Committee Dean Weirtz
who came forward providing the Council with their annual report for FY 2015 with
information regarding the progress of the committee through the objectives that were set for
the year, the things that impacted them and goals for the future. He stated last year's focus
was on three (3) project areas: (1) Historic recognition projects, (2) Historic public
information projects, and (3) Joint committee projects with the community, schools,
students, etc. Mr. Weirtz addressed one issue that continues to impact the committee and that
is the inventory of historic artifacts, now maintained in an environmentally controlled storage
facility. He stated the items were meant to be placed in a historical arts facility, which seven
(7) years ago was designated by the City Council at the time to be space that now stands
where the private facility of WellMed is, which is attached to the Senior Center. The
02-09-2016 Minutes Page - 2 -
Committee would ask the Council to possibly renew its former commitment to their group by
allowing them to utilize the space which will someday soon be available as WellMed moves
into a new facility. The Committee would like to have consideration for this Heritage Cultural
Arts activity in that space. He stated that besides the City, there are several arts groups,
genealogy clubs, senior citizens choir and other such groups within the Senior Center itself
that would benefit from the availability from such dedicated space.
Mr. Weirtz stated that the committee has set certain goals for the coming year which are
inclusive of those three areas spoken about earlier, which are (1) recognition, (2) publication
and (3) joint projects. Mr. Weirtz thanked City Staff for their continued support of the projects
during this past year.
Mayor Carpenter expressed his gratitude for the work 'that' the Historical Preservation
Committee has done in the small amount of time thev have.been meeting.
Hearin! of Residents
Mayor Carpenter recognized the following who
• Miss Sarah Wargo, Student with Kung Jung Mu Sul df Schertz who came forward providing
information on their past and upcoming events, inviting Council to attend.
Consent Agenda Items
The Consent Agenda is considered self - explanatory and will be enacted by the Council with one
motion. There will be no separate discussion, of these items-unless they are removed from the
Consent Agenda upon the request of the Mayor or a Councilmember.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of February 2i 201 J, Kassel /B. Dennis)
2. Ordinance N6 ll6 -S -03 —"Consideration and /or action approving an Ordinance to rezone
approximately 2.1 acres of land located at 17231 Schertz Parkway in the Verde Enterprise
Badness Park from':Planned Uhit Development to Planned Development District. Final
Red4i g (B. James /L. Wo' od /B. Cox)
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro -
Tem Edwards to approve the consent agenda items 1 and 2. The vote was unanimous with
Mayor Pro -Tem � dwards, Councilmembers Fowler, Azzoz, John, and Thompson voting
for and no one voting no. Motion passed.
Discussion and Action Items
3. Boards, Commission and Committee Appointments — Consideration and/or action ratifying
the appointment of Col. USAF (Ret) Paul Ringenbach as a regular member to the Historical
Preservation Committee. (B. Dennis /Mayor /Council)
Mayor Carpenter stated that the City received an application from Col. USAF (Ret) Paul
Ringenbach who is requesting to serve as a regular member on the Historical Preservation
02 -09 -2016 Minutes Page - 3 -
Committee. Mayor Carpenter recognized Col. USAF (Ret) Paul Ringbach who was in the
audience this evening.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor
Pro -Tem Edwards to approve the appointment of Col. USAF (Ret) Paul Ringenbach as a
regular member to the Historical Preservation Committee. The vote was unanimous with
Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson voting
for and no one voting no. Motion passed.
4. Resolution No. 16 -R -11 — Consideration and/or action approvin a Resolution authorizing
expenditures with Silsbee Ford totaling no more than $262,0 as approved in the 2015 -2016
Fiscal Year Budget for the City's Vehicle Replacement Progran ;`(B. Cantu /J. Kurz)
The following was read into record:
RESOLUTION NO* 16 -R -1
A RESOLUTION BY THE CITY COUNCIL; OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING EXPENDITURES WITH SILBEE FORD TOTALING NO MORE
THAN $262,000, AS APPROVED IN THE 2015 -21016 FISCAL YEAR BUDGET, FOR
THE CITY'S VEHICLE REPLACEMENT PROGRAM AND OTHER MATTERS IN
CONNECTION THEREWITH
Manager Jessica Kurz who stated the City
a ccit- effective fleet replacement program.
1 into the existing program and the City has
for determining when a vehicle requires
icil approved a funding mechanism, and
Ir the City's Vehicle Replacement Program.
The City has historically, purchased :vehicles from vendors belonging to purchasing
cooperatives., This-has allowed the City to procure vehicles through best -value and capitalize
on volume discou ts. ,For the rQvainder of the FY 201.5 -16, The City anticipates the purchase
ofthe following vehicles from Silsbee Ford:
Department
Vehicle
Budgeted Amount
Development Services
Truck (1)
$24,000
Drainage
Truck (1)
$38,000
Economic Development
SUV (1)
$40,000
Parks
Truck (1)
$38,000
Streets
Truck (2)
$78,000
Water
Truck (2)
$44,000
The City's practice is to seek authorization from Council when expenditures with a vendor
exceed $50,000 in one fiscal year. Though exact amounts for each vehicle are not yet known,
it will not exceed the budgeted amount. Thus, staff is requesting approval to spend up to
$262,000 with Silsbee Ford in FY 2015 -16.
02 -09 -2016 Minutes Page - 4 -
A proactive fleet replacement program provides for long -term planning and prudent fiscal
stewardship. Purchasing cooperatives assist local governments in reducing costs through
volume purchasing. Additionally, City resources are conserved and purchasing efficiencies
are maximized through use of a streamlined procurement process, where all vehicles can be
purchased from one vendor. Staff recommends that Council authorize expenditures with
Silsbee Ford for vehicles, totaling no more than $262,000, as approved in the FY 2015 -16
budget for the City's Vehicle Replacement Program.
Ms. Kurz addressed questions from Council as to why they
closer purchasing coop. She stated that Silsbee was willing
delivery fees.
Mayor Carpenter recognized Fleet Manager Jon
questions of choosing Silsbee Ford; he also
explained that they are trying to save time in get
like tool boxes etc., and Silsbee is able to inst�
vehicle which will eliminate the time of sendir
He also addressed questions of being able to use
Silsbee Ford and not a
ve the cooperative and
forward also answering
of convenience. He
the auxiliary items tli
the vehicles to other p
rcal Ford dealers for w,
,ith auxiliary items
are needed on the
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Thompson to approve Resolution No. 1,0-R- 11. The vote was unanimous
with Mayor Pro -Tem Edwards, Cvuncilmembers Fowlers Azzoz, John, and Thompson
voting for and no one voting no. Motion passed.
5. Resolution No. 16 -R -12 — Considerat
nomination for the ndhiig,,of a Sch
building or property, posthumously, in
The following was read into
SOLUTION B
IORIZING A
�L GOVERN?
HUMOUSLY,
11br action'approving a Resolution authorizing a
rguin Local Government Corporation (SSLGC)
of Mr. Hal Baldwin. (D. Wait/A. Briggs)
1 11 t I
CE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
[INA:TION FOR THE NAMING OF A SCHERTZ /SEGUIN
C CORPORATION (SSLGC) BUILDING OR PROPERTY,
ONOR OF MAYOR HAL BALDWIN
Mayor Carpenter recognized Executive Director Dudley Wait who stated several months ago,
the SSLGC Board aed their Executive Director to formulate a process for naming structures
and large system equipment in honor of those who have spent their time in public service
dedicated to the development and growth of the SSLGC Water production and delivery
system. The impetus of this was the untimely deaths of two individuals who, whiles serving
lengthy terms as elected officials, were instrumental in birth of the SSLGC.
SSLGC staff explored the processes used by both Schertz and Seguin as well as other
organizations in our area to name things after residents. They then built their policy from
these best practices. This new process was approved by the SSLGC Board of Directors in
November of 2015.
02 -09 -2016 Minutes Page - 5 -
In Board meetings, discussions were held on naming two facilities after these pioneering
leaders that led to the formation of this new policy. These two individuals are Schertz Mayor
Hal Baldwin and Seguin City Councilmember Rodger Weyel. The SSLGC Board would like
to name the new High Volume Pump Station building that pushes the water to Schertz after
Mayor Baldwin and the Seguin Terminus Building at the Seguin Water Plant after
Councilmember Weyel.
To be consistent with the new policy, the application must include a Resolution in support of
this naming from the City Council of the nominating City.
The SSLGC was developed from an idea introduced and supported by a number of people. A
number of those individuals are responsible for seeing the�;coneept become a reality. Mayor
Baldwin was a critical player in the overall birth and success of the SSLGC. Naming of the
High Volume Pump Station after Mayor Baldwin would I be another way of honoring him
posthumously. Staff recommends approval of the Resolution authorizing the submission of an
application for the naming of an SSLGC Building in honor of Mayor Hal Baldwin.
Mayor Carpenter made a motion, seconded by C- ouncilmember Fowler to approve Resolution
No. 16 -R -12 authorizing a nomination for the naming-of�o Schertz /Seguin Local Government
Corporation building or property in honor of Mayor Hal Baldwin. The vote was unanimous
with Mayor Pro -Tem Edwards, ;Councilmembers Fowler, Azzoz, John, and Thompson
voting for and no one voting no. Motion passed.
6. Resolution No. 16 -R -14 — Consideration and/or action approving a Resolution authorizing
the acceptance of a grant award extension through the Toxas Criminal Justice Division of
Texas Governor's Office rant funds totaling
no more than $11,125.00 with matching funds
of no more than $2,781'�5 (the "Grant ") for the project titled "Crime Victim Liaison Unit ".
(D. Wait /M. Hansen /J. Correu)
The following was read into record:
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE ACCEPTANCE OF A GRANT, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recggnized CID Lt. John Correu who stated last year the City received a
grant from the Criminal Justice Division of the Texas Governor's Office grant award to
support the City's Crime Victim Liaison Unit. The grant was for $5,340.00 and required a
match of $1,335.00. The City has been selected for an automatic extension of the grant to
receive an additional $11,125.00 with match of $2,781.25. The grant can be used to purchase
equipment to support the City's Crime Victim Liaison Unit. The goal is to now request and
receive additional funding to purchase equipment needed by the Crime Victim Liaison in the
performance of his /her duties to include public presentations and training.
Staff recommends council authorize acceptance of the fiscal year 2015 -16 Criminal Justice
Division of the Texas Governor's Office grant award extension for the project titled: Crime
Victim Liaison Unit in the amount no greater than $11,125.00 with a matching funds
02 -09 -2016 Minutes Page - 6 -
requirement no greater than $2,781.25. The City is required to provide a match of $2,781.25
to receive a grant of $11.1.25.00. The matching funds are available in the existing Police
Department budget.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Councilmember Fowler to approve Resolution No. 16 -R -14. The vote was unanimous with
Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson voting
for and no one voting no. Motion passed.
7. Ordinance No. 16 -C -04 — Consideration and/or action approving an Ordinance amending the
code of ordinances of the City of Schertz Chapter 18, Buildings and Building Regulations,
Article 1, In General , Section 18 Inspections and Article III, International Residential Code
for One and Two Family Dwellings R1052, Work Exempt from Permits. First Reading (B.
James /G. Durant)
The following was read into record:
ORDINANCE NO. 16 -C-04
Mayor Carpenter recognized Executive Director Brian James who introduced this item
stating staff has'determined'a need to revise "the current building codes with regard to special
inspections and the permitting requirements for fences and sheds. Staff presented the
proposed changes regarding fences and sheds to the Planning and Zoning Commission for
change to the'ermitting tequirements section is generally to not require a permit for the
icement of residential fences with like for like fences and to not require a permit for
chat are not greater than 120 square feet and that can be moved. Staff will evaluate the
tct 6f.the proposed changes for six months and provide an update to the City Council and
ning and Zoning Commission.
Mr. James staffed that staff had added language that made clear the Chief Building Official
may authorize special inspections per the building codes, but at this time is not
recommending this be part of the ordinance and will be brought forward under a separate
ordinance. Staff recommends approval of first reading with that correction. Mr. James stated
the Ordinance on final reading will reflect the change.
Mayor Carpenter opened the public hearing and recognized the following who spoke:
02 -09 -2016 Minutes Page - 7 -
• Robert Brockman, 1000 Elbel, if the City had the current flood map available; in answer
Mr. James stated yes. Mr. Brockman also suggested that this information be published in
the Schertz Magazine.
• Ken Greenwald, 205 Westchester Drive, who stated that his main concern was in the older
sections of town where the utility and power lines are buried in the back yard and he
believes that pulling a permit might require residents to call before they dug.
As no one else spoke, Mayor Carpenter closed the public hearing for Council comments.
Mayor Carpenter recognized Councilmember Fowler
Greenwald's concern, wouldn't it be wise to identify th
backyard electrical lines and cables, making it part,
acknowledgement of these situations; would it be feasible
be feasible as utility easements are located in the back,
newer neighborhoods. This is a common situation and the
In answer to Councilmember Fowler's question as to
bury the lines, Mr. James said he did not know,'be(
where the franchise utilities locate their equipment.
was a state regulation on this matter.
Councilmember Fowler asked for ,1E
James stated as long as it was portab .
down on blocks or skids, it will be e
Planning & Zoning Commission made
an article in the Scheme Mazine, ups
have our staff fullv trained in, answerin
the franchise companies must
city does not regulate how or
he offered to check if there
)n on the sheds not ,requiring a permit. Mr.
,ould be moved; by a group of people and set
,om,a, permit. He stated a recommendation the
have sole handout material for residents, have
Schertz w ebsite with the new information, and
of the most commonly asked questions.
Councilmember Fowler asked if as a minimum, does the resident have to come in and verify
they are not in a floodplain? Mr. James stated staff is not anticipating anyone will come in to
verify that they are not in the floodplain and simply go ahead and replace their fence.
However, we don't have the right to waive the requirement in a high flood hazard area. This
is the flood plain administrator's requirement that we follow state and federal regulations
which also allows our folks to take advantage of federally subsidized flood insurance.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember John to approve Ordinance No. 16 -C -04 on first reading. The vote was 4 -1-
02 -09 -2016 Minutes Page - 8 -
0, with Mayor Pro -Tem Edwards, Councilmembers, Azzoz, John, and Thompson voting
for and Councilmember Fowler voting no. Motion passed.
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for
agenda items 1 -7.
Requests and Announcements
8. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Mayor Carpenter recognized City Manager John Kessel who made mention: of agenda item
11, which was the amended 2016 City of Schert ,1,Master Calendar and Council, Calendar that
reflect the recent change made to the retreat date's,', from" Friday to Thursday. Mr. Kessel
stated that this was the calendar for council to use.
9. Future Agenda Item eghet for City Council: This is an opportunity for City Council
members io= 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 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
No
10. Announcements by favor 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
02 -09 -2016 Minutes Page - 9 -
Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated he had visited the Cibolo
BBQ Cook -Off and they also had a cook -off contest for children. He would like to see
Sehertz do something similar to this in the future.
Mayor Carpenter recognized Councilmember Thompson who attended the Promptu
Immediate Care Grand Re- opening last Saturday. Executives from the Christus Health System
who attended were extremely complimentary about the city staff members they have had
contact with and feel this is going to be one of their flagship models for other Promptu
Immediate Care Centers that they are going to be developing.
Mayor Carpenter stated he has mixed feelings on hearing about the upcoming retirements of
Public Works Director Sam Willoughby and Executive Direqts i Bob Cantu. He thanked them
both for their institutional knowledge and the many contributions And service they have given
to the city through the years. They will be tough to replace.
Adiournment
Mayor Carpenter adjourned the meeting at 7:27 p.
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
02 -09 -2016 Minutes Page -10 -
MINUTES
SPECIAL TOWN HALL MEETING
February 16, 2016
A Special Town Hall Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
February 16, 2016, at 6:30 p.m., in the Community Center North, 3501 Morning Drive, Schertz,
Texas. The following members present to -wit:
Mayor Pro -Tem Cedric Edwards
Councilmember Grumpy Azzoz
Councilmember Robin Thompson
Staff Present:
Executive Director Brian James
Executive Director Bob Cantu
City Secretary Brenda Dennis
Mayor Carpenter was out of town on business.
Mayor Pro-Tern Edwards called the meeting
Welcome and Introduction
• Mayor Michael Crpenter/3tayor Pro -Tem
Mayor Pro -Tem E
proceedings and in
• Infrastructure (Streets= Waterlines)
Councilmember Jim Fowler
Councilmember Darv1 Sohn
City Manager John
Executive Director
City Attorney Clari
Deputy City Secret
:31 p.m.
Edwards
F
Wait
provided a brief overview of the evenings
ambers, city manager and executive
Mayor Projem Edwards recognized City Engineer Kathy Woodlee who provided
information onongoing waterline improvements in Northcliffe as follows:
• Phase 1 - Waterlines Replaced, Streets Reconstructed (all done)
• Phase 2 - Waterlines Replaced (all done)
• Phase 3A - Waterline Replacement in Design (30% done)
• Phase 3B - Waterline Replacement in Design (30% done)
City -Wide Street Improvements (maintenance and reconstruction) are usually funded with
bond revenues and include:
• Staff currently working on professional services contract for
Pavement Condition Index (PCI) Survey
02 -16 -2016 Minutes Page -1-
• Survey will be a basis for street improvement prioritization
• Street improvement projects to be identified during budget process for FY 2016-2017
• The recently approved bond projects, including improvements to FM 1103 & FM 1518.
Mayor Pro-Tem Edwards recognized Kathy Woodlee who provided the following info:
The November 2015 Bond Election authorized $2 million for FM 1103 improvements
including the Schertz portion (114 35 to Old Wiederstein Road) and the Cibolo portion (Old
Wiederstein Road to Rodeo Way. City Staff has a meeting withTxDQT on February 29 and
TxDOT will hold a public meeting to present a preliminary plan. Further information will be
coming out in the near future.
The City has allocated Five million dollars for FM
TxDOT is also contributing $5 million. TxDOT (b
Area Metropolitan Planning Organization (AAMPC
million. Proposed design plans include intersection i
well as more traffic lanes on FM 1518. Public 'input
You can participate online at www.alamoareampt
several meetings scheduled at different locations in tf
Mayor Pro-Tem Edwards recognized Director of Planning and Community Development Lesa
Wood he pointed out'the current 'comin6rcial and residential entities in the area on maps.
Thee are three pro 1) Cypress Point, 2) Parkland subdivision plus a
e posed
park and school site, and �) The Homestead Subdivision (formerly known as Nor-
Tek Farms). Ms. Wood,pointed, but each location on maps for the audience and summarized
• 750 Single Family Residential Homes (232 lots currently being platted)
• 133 acres ,o ' f land designated for Commercial/Multi-Family
• School site
• City Park (14'acres)
• Townhomes
• Open space areas with multi-purpose walkway to provide links between park areas, open
space, neighborhoods, and the school site.
• Main Boulevard with tree lined streets and sidewalks.
Ms. Wood and Executive Directors Brian James and Dudley Wait answered various questions
from the residents.
02-16-2016 Minutes Page - 2 -
• Traffic and Code Enforcement issues.
Mayor Pro -Tem Edwards recognized Traffic Unit Supervisor and Patrol Officer A.J. Arriaga
who stated that along with the help of citizens, members of the TSAC committee,
Engineering, Public Works, and Planning they are able to concentrate on where the city's
traffic issues are at. Early last year they got a letter advising the city that in the Northcliffe
area there were problems with speeding, running stop signs, and parking problems. He stated
they have been out there with traffic units and also are utilizing a mechanism called a Speed
Spy that gives them data on what is going on. Moving violations are a major goal to address
but they have also now developed some courtesy traffic booklets that officers are starting to
give out to violators.
Mayor Pro -Tem Edwards recognized City Marshal
law enforcement unit in the city. They have
Environmental Health and Code Enforcement,
citizens to contact them with any assistance rcga
obstructing right of ways, illegal dumping, and hE
with stray animals, animals running at large 'ox
adoptions, and licenses and permits. He spoke'
organizations that they network with, the Trap,
anyone who wants to volunteer some time to the
they do is fundraising for the needs and care of the
Hall
Harris who said they are the other
isions, 1) Warrant Division, 2)
Lnimal Services. He encouraged
;arded large trash items, vehicles
,eeds. Animal Setices can assist
cases, as well as ;rabies control,
me outside adoption and rescue
and Release program and asked
i give them a call. Another thing
d heard of the `hand free ordinance'. He asked
wd' and say a few words about it. Chief Hansen
it city council for a while last year. The city
texting on their cell phone while driving unless
eir table, they have some `holders' for their cell
aited everyone to check it out.
City Council will host a citi2o s' communication meeting to hear citizen issues and provide
g rieral policy and factual information as to issues brought up by citizens. No action shall be
taken ecept to place a item on a future agenda as appropriate.
Mayor Pfo -Tem Edwards asked all the councilmembers to come forward. He said these are
the councilrnobers vho represent you - -the residents. We are growing as a community. Hold
your elected officials to their task of representing you by speaking on your behalf. These
people are here t serve you.
Mayor Pro -Tem Edwards asked City Manager John. Kessel to come forward and say a few
words. Mr. Kessel stated if anyone had any more questions to please bring them forward.
Residents brought forth a few more questions related to getting a prompt response from city
personnel in regard to street repair due to broken waterlines, how to address the speeding in
their neighborhoods, Country Club Drive, construction damage by contractors on roads,
mowing of green areas, and surveying activity on FM 11.03.
02 -16 -2016 Minutes Page - 3 -
As there were no more questions, Mayor Pro -Tem Edwards thanked the residents for coming and
participating and all the City Staff members for making this a successful meeting.
Adjournment
Mayor Pro-Tern Edwards adjourned the meeting at 8:00 p.m.
, Mayor Pro -Tem
ATTEST:
::
02 -16 -2016 Minutes Page - 4 -
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: February 23, 2016
Department:
Subject:
M 11 I O Xl1 Zl111►`I7
Goal
Development Services
Ordinance No. 16 -C -04 — Consideration .
and /or action approving an Ordinance
amending the Schertz Code of Ordinances
Chapter 18, Buildings and Building
Regulations, Article 1, In General, Section
18 Inspections and Article III, International
Residential Code for One and Two Family
Dwellings R1052, Work Exempt from
Permits. Final Reading (B. James /G.
Durant)
Staff has determined a need to revise the current building codes with regard to the permitting
requirements for fences and sheds. Staff presented the proposed changes regarding fences and
sheds to the Planning and Zoning Commission for their input on the change.
The change to the permitting requirements section is generally to not require a permit for the
replacement of residential fences with like for like fences and to not require a permit for sheds
that are not greater than 120 square feet and that can be moved. Staff will evaluate the impact of
the proposed changes for six months and provide an update to the City Council and Planning and
Zoning Commission.
During the February 9, 2016 City Council meeting it was recommended by Staff the Council not
act on the proposed changes to the building code dealing with special inspections to allow Staff
additional time to work on these change. Ordinance 16 -C -04 has been modified to eliminate the
changes dealing with special inspections. Staff will resubmit these to City Council at a future
date.
Community Benefit
Improve the efficiency of the City's permitting and inspection process.
City Council Memorandum
Page 2
Summary of Recommended Action
Staff recommends approval of the proposed changes to not require permits for fences and sheds
meeting certain requirements.
Approval of Ordinance 16-C-04 on final reading.
ATTACHMENT
Ordinance No. 16-C-04
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF
SCHERTZ CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS,
ARTICLE III, INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO
FAMILY DWELLINGS, R1052. WORK EXEMPT FROM PERMITS.
WHEREAS, the Texas Local Governmental Code empowers the cities to enact building
codes and regulations and provide for their administration, enforcement, and
amendment; and
WHEREAS, the regulation of building and building construction by the City of Schertz
(the "City ") is necessary to protect the public health and welfare; and
WHEREAS, the City Council of the City desires to protect the safety and welfare of the
citizens of the City through regulation of construction activities in the City; and
WHEREAS, the City has recently updated the building codes by adopting the
international codes and local amendments; and
WHEREAS, City Staff has continued to evaluate the need for local amendments related
the permit requirements for fences and sheds; and
WHEREAS, City Staff sought input from the Planning and Zoning Commission on these local
amendments; and
WHEREAS, the City Council has determined that local amendments with regard
to the permit requirements of fences and sheds, as set forth herein, is in the
best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS:
Section 1 Amendments.
Chapter 18, `Buildings and Building Regulations ", Article III, "International Residential
Code for One and Two Family Dwellings ", R1052, "Work Exempt From Permit ", is
hereby amended to read as follows:
ARTICLE III. - INTERNATIONAL RESIDENTIAL CODE FOR ONE AND
TWO FAMILY DWELLINGS
R105.2 Work exempt from permit.
Exemptions from permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of
this code or any other laws or ordinances of this jurisdiction. Permits shall not be
required for the following:
Building:
1. Water tanks supported directly upon grade if the capacity does not
exceed 5,000 gallons and the ratio of height to diameter or width
does not exceed two to one.
2. Painting, papering, tiling, carpeting, cabinets, counter tops and
similar finish work.
3. Temporary motion picture, television and theater stage sets and
scenery.
4. Shade cloth structures constructed for nursery or agricultural
purposes, but not including service systems.
5. Swings and other temporary playground equipment accessory to
one and two - family dwellings.
6. Window awnings supported by an exterior wall of R -3 - One and
Two Family Dwellings as applicable in Section 101.2 and Group
U occupancies of the International Building Code 2012 as defined
in Chapter 3 - Use and Occupancy Classification. Movable cases,
countertops and partition not over (5) five feet (9) nine inches in
height.
7. One story detached accessory structures used as tool and storage
sheds, playhouses, and similar uses on the same lot as a one or two
family dwelling; provided the floor area is 120 square feet or less
and the structure can be moved if necessary, except where located
in a flood hazard area.
a. The foundation for a detached accessory structure, storage
sheds, playhouses and similar uses, if any, will require a
flatwork permit; and the location and placement of the
accessory structure shall comply with Article 8 of the
Schertz Unified Development Code.
b. Areas located in floodplain hazard areas will require
permits.
8. Replacement Fences on the property of a one or two family
dwelling, provided they comply with the following criteria, except
where located in a flood hazard area.
a. The fence complies with all of the applicable requirements
of the City of Schertz Unified Development code including
but not limited to height, location and materials.
b. The replacement fence is in the same location, the same
height and of the same materials as the fence being
replaced (e.g., a 6' wood privacy fence for a 6' wood
privacy fence or a 4' chain link fence for a 4' chain link
fence).
C. Foundations for arbors, if any, will require a flat work
permit. The arbor shall not be located in any utility
easement; and shall comply with the setback requirements
of Article 8 of the Schertz Unified Development Code with
the exception that an arbor may be attached to the main
structure.
d. Areas located in floodplain hazard areas will require
permits.
Electrical:
1. Normal maintenance work, such as replacement of lamps, sockets,
fuses, drop cords, snap switches, or other similar minor repairs as
may be permitted by the building official or designee or assigned
inspector;
2. Connection of portable electrical equipment to suitable existing
permanently installed receptacles.
3. Replacement of a motor of the same horsepower and rating and
installation of pressure devices and similar controls, when the
electrical supply for the same has been properly installed by a
licensed electrician.
4. The provisions of this chapter shall not apply to electrical
equipment used for radio and television transmission, but does
apply to equipment and wiring for power supply and the
installations of towers and antennas.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of
equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance;
2. Portable ventilation equipment;
3. Portable cooling unit;
4. Steam, hot or chilled water piping within any heating or cooling
equipment regulated by this chapter;
5. Replacement of any part which does not alter its approval or make
it unsafe;
6. Portable evaporative cooler;
7. Self - contained refrigeration system containing ten pounds or less
of refrigerant and actuated by motors of one horsepower or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe;
provided, however, that if any concealed trap, drain -pipe, water,
soil, waste or vent pipe becomes defective and becomes necessary
to remove and replace the same with new material, such work
shall be considered as new work and a permit shall be obtained
and inspection made as provided in this chapter.
2. The clearing of stoppages or the repairing of leaks in pipes, valves
or fixtures, and the removal and reinstallation of water closets,
provided such involve or require the replacement or
rearrangement of valves, pipes or fixtures.
Section 3. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are
adopted as a part of the judgment and findings of the Council.
Section 4. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of
such conflict, and the provisions of this Ordinance shall be and remain controlling as to
the matters resolved herein.
Section 5. That all rights and privileges of the City are expressly saved as to any and all
violations of the provision of any ordinances repealed by this ordinance which have
accrued at the time of the effective date of this Ordinances; and, as to such accrued
violation and all pending litigation, both civil and criminal, whether pending in court or
not, under such Ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
Section 6. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the
application of such provision to other persons and circumstances shall nevertheless be
valid, and the City hereby declares that this Ordinance would have been enacted
without such invalid provision.
Section 7. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this
Ordinance, was given, all as required by Chapter 551, as amended, Texas Government
Code.
Section 8. This Ordinance shall be effective upon the date of final adoption hereof
and any publication required by law.
PASSED, AND APPROVED on final reading the 23rd day of February, 2016.
PASSED, APPROVED AND ADOPTED on final reading the day of February,
2016. .
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
lei II &W41110041IELVA104►/0]7_10111101
City Council Meeting: February 23, 2016
Department:
EMS
Agenda No. 3
Subject: Resolution No. 16-R-15 - EMS Accounts Receivables
Adjustments
BACKGROUND:
Per City Policy, EMS is to bring our accounts receivables adjustments before City Council for proper
accounting procedures to be accomplished by the Finance Department.
FISCAL IMPACT
The first adjustments we are requesting Council to make are on private pay accounts that have been
referred to our collection agency (MVBA). These represent accounts that were sent to MVBA from
September 1, 2015 through December 31, 2015. For this period we are requesting to remove $859,866.70
from our accounts receivables account. These funds, from 683 separate accounts will continue to be
pursued and if recovered will be accounted for as miscellaneous revenue.
The second adjustment comes from our internal billing procedures. Some of these are negotiated charge
reductions, write -offs of co -pays for citizens in the cities we serve, bills of homeless patients who we
cannot locate any longer, and bills of deceased patients who do not have insurance or estates from which
to recover EMS charges for service. The amount of this category is $37,556.59
This period's total adjustments are $897,423.29. This is the first Account Receivable Adjustment of
Fiscal Year 2016 out of a budgeted amount of $2,310,240.
RECOMMENDATION
Staff recommends Council approve Resolution No. 16 -R -15
ATTACHMENTS
Resolution No. 16 -R -15
RESOLUTION NO. 16 -R -15
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS FOR
INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF
NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended
that the City maintains quarterly debt revenue adjustments for inactive outstanding
accounts; and
WHEREAS, the City Council has determined that it is in the best interest of the
City that all inactive outstanding accounts after 180 days nonpayment will be sent to City
Council for consideration of EMS Billing Debt Revenue Adjustments attached hereto as
Exhibit A. (the "Account Receivable Adjustment Register ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS THAT:
Section 1. The City Council hereby authorizes the EMS Billing Debt Revenue
Adjustment on the write off audit register, in substantially the form set forth on Exhibit A
Section 2. The recitals contained in the preamble hereof are hereby found to
be true, and such recitals are hereby made a part of this Resolution for all purposes and
are adopted as a part of the judgment and 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 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
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 23rd day of February, 2016.
CITY OF SCHERTZ, TEXAS
Mayor Michael R. Carpenter
City Secretary, Brenda :Dennis
(CITY SEAL)
Exhibit A
EMS Account Receivable Adjustment Register
September 1, 2015 — December 31, 2015
PRIVATE PAY EMS COLLECTION ACCOUNTS:
Collection accounts with Collection Agency (09/01/15 — 12/31/15): $859,866.70
1 pla L-j ama lerel 0 Ole Bill $I a n &VA plet I] Wn III In fal pla a
Revenue adjustments by EMS Billing (09/01/15 — 12/31/15): $37,556.59
"HE iii illliii: ii� q:11i �� i il;� lyff�� 0 4
CITY COUNCIL MEMORANDUM
City Council Meeting: February 23, 2016
Department:
Subject:
BACKGROUND
Goal
Agenda No. 4
Business Office /Utility Billing
Resolution No. 16 -R -16 - Utility Billing
Debt Revenue Adjustments
Our goal is to ensure that our outstanding receivables are current.
Community Benefit
By exhausting all efforts to collect outstanding debts, this will insure the lowest possible rate
to the community.
Summary of Recommended Action
It is the recommendation of the City Auditor to keep our receivables current.
FISCAL IMPACT
To ensure that our outstanding receivables are current, we are requesting to write -off
$10,287.60 uncollectible Water, Sewer, Garbage, and Drainage Accounts. The amounts
included in this request are for the period of January 1, 2015 through May 31, 2015. All
collections efforts have been exhausted.
Staff recommends City Council approve Resolution No. 16 -R -1.6 for the Write -Off amount
of $10,287.60.
ATTACHMENT
Resolution No. 16 -R -16
Utility Billing Debt Revenue Adjustments
RESOLUTION NO. 16 -R -16
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING UTILITY BILLING DEBT REVENUE ADJUSTMENTS
FOR INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180
DAYS OF NON PAYMENT AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended
that the City maintains quarterly debt revenue adjustments for inactive outstanding
accounts; and
WHEREAS, the City Council has determined that it is in the best interest of the
City that all inactive outstanding accounts after 1.80 days nonpayment will be sent to City
Council for consideration of Utility Billing Debt Revenue Adjustments attached hereto as
"Exhibit A ". (the " Write Off Audit Register ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS THAT:
Section 1. The City Council hereby authorizes Utility Billing Debt Revenue
Adjustment on the write off audit register, in substantially the form set forth on "Exhibit
A ".
Section 2. The recitals contained in the preamble hereof are hereby found to
be true, and such recitals are hereby made a part of this Resolution for all purposes and
are adopted as a part of the judgment and 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 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
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 23 t day of February 2016.
CITY OF SCHERTZ, TEXAS
Mayor Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
Agenda No. 5
CITY COUNCIL MEMORANDUM
City Council Meeting: February 23, 2016
Department:
Subject:
BACKGROUND:
Information Technologies
Resolution No. 16 -R -13 Consideration
and /or action approving a Resolution
authorizing an amendment to the existing
Agreement for the upgrading of Public Wi-
Fi provided by Time Warner Cable to
increase the bandwidth at the Schertz Senior
Center at 608 Schertz Pkwy, which is the
City's main hub for Public Wi -Fi, and other
matters in connection therewith.
The I.T. Dept. is charged with ensuring reliable and efficient services to staff and residents of our
City. Part of our mandate is to provide reliable and responsive internet connectivity and Public
Wi -Fi to support our various departments, staff, residents and vendors throughout the City. This
connectivity provides the City with Public Wi -Fi for City Hall, the Civic Center, Council
Chambers, Schertz Senior Center and the Aquatic Center. This service provides remote - access to
staff, and acts as a conduit for most of our other business related web communications. The City
has regularly been experiencing slow service and it is affecting staff, residents, vendors and
training. The City currently utilizes Time Warner Cable (TWC) for internet services. The
service is a 7Mbps x 512 kbps service. It no longer meets our current needs and does not allow
for growth. The City therefore needs to upgrade its service.
The proposed TWC contract will increase our bandwidth from 7 Mbps by 512kbps to a 50 mbps
by 5 mbps (50x5) connection located at the Schertz Senior Center at 608 Schertz Pkwy(Hub for
City Wide Wi -Fi). This increase will allow us meet our current demands for access. However, it
is anticipated that demand for connectivity will continue to rise as the City continues to grow. As
that demand increases additional bandwidth will become necessary, and the I.T. department will
return to Council for authorization. The cost of the current service is $100.38 per month and the
cost of the new service will be $239.99 per month.
The I.T. Dept. is requesting approval of Resolution No. 16 -R -13 so that the City can amend our
current contract with Time Warner Cable to provide the increased bandwidth.
50492900.1
City Council Memorandum
Page 2
GOAL:
To increase our bandwidth which provides services to staff, residents and vendors, in order to
meet demands for reliable services.
COMMUNITY BENEFIT:
The increase will allows us to cover the current demand that services have on our existing
systems, as well as the meeting the increasing demand from our staff and residents throughout
the City.
Acceptance of the Resolution 16 -R -13 to increase bandwidth with Time Warner Cable.
FISCAL IMPACT
The cost of the current service is $100.38 per month and the cost of the new service will be
$239.99 per month, an increase of $1.39.61 per month. Funds are available for the remainder of
this fiscal year in account 101 - 853 - 533300 I.T. General Fund Telephone /Landline.
• 1•
Approval of Resolution No. 16 -R -13
ATTACHMENT
Resolution No. 16 -R -13
RESOLUTION NO. 16 -R -13
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN AMENDMENT TO THE EXISTING AGREEMENT
FOR THE UPGRADING OF INTERNET SERVICES PROVIDED BY TIME
WARNER CABLE TO SCHERTZ SENIOR CENTER AT 608 SCHERTZ PKWY -
THE CITY'S MAIN HUB FOR PUBLIC WIFI SERVICES FROM A 7 MBPS
SERVICE TO A 50 MBPS SERVICE TO INCREASE BANDWIDTH FOR PUBLIC
USE, STAFF USE AND VENDOR USE, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter
into an Agreement with Time Warner Cable, relating to increased bandwidth for internet access to
residents, staff and vendors throughout the City in the amount of $1,142.00 for the current fiscal year and
$2,899.00 per year for both FY 16 -17 and FY 17 -18 and $966.40 for the FY 18 -19; and
WHEREAS, this increase will allow us to meet the mandate that residents, staff and vendors
internet access has on our network; and
WHEREAS, the City Council has determined that it is in the best interest of the City to contract
with Time Warner Cable pursuant to the agreement attached hereto as Exhibit A (the "Agreement ".
The City Council hereby authorizes the City Manager to execute and deliver the Agreement with
Time Warner Cable for increased bandwidth in substantially the form set forth on Exhibit A.
Section 1. 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 2. 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 3. This Resolution shall be construed and enforced in accordance with the laws of the
State of Texas and the United States of America.
Section 4. 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 5. 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.
50494755.1
Section 6. This Resolution shall be in force and effect from and after its final passage, and it is
so resolved.
PASSED AND ADOPTED, this 23rd day of February, 2016
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
Brenda Dennis, City Secretary
(CITY SEAL)
50494755.1
EXHIBIT A
50494755.1 A -1
Account Executive: Ruben Meza
Phone: (956) 535 -0155 ext:
Cell Phone: (956) 535 -0155
Fax: (956) 230 -0465
Email: ruben.meza @twcable.com
Order # 6995146
Internet and Video Order Information For 608 SCHERTZ PKWY SCHERTZ TX 78154
Service Type
High Speed Internet (HSD)
Page 1 of 3
Business Name
CITY OF SCHERTZ
Customer Type: Existing Customer
Federal Tax ID
Tax Exempt Status
Tax Exempt Certificate #
Billing Address
Attention To:
Account Number
1400 Schertz Pkwy SCHERTZ TX 78154
8260140190104796
Billing Contact
Billing Contact
Phone
Billing Contact Email Address
Tammy Larence
210 619 -1187
tiawrence@schertz.com
Authorized Contact
Authorized Contact
Phone
Authorized Contact Email Address
Technical Contact
Technical Contact
Phone
Technical Contact Email Address
Tammy Larence
210 619 -1187
tiawrence@schertz.com
Internet and Video Order Information For 608 SCHERTZ PKWY SCHERTZ TX 78154
Service Type
High Speed Internet (HSD)
Page 1 of 3
New and Revised Services and Monthly Charges At 608 SCHERTZ PKWY , SCHERTZ TX 78154
Monthly
Description Quantity Sales Price Recurring Total Contract Term
Business Internet 50Mx5M
1
$239.99
$239.99
36 Months
WiFi LAN Promotion
1
$0.00
$0.00
36 Months
*Total
$239.99
*Prices do not include taxes and fees.
Page 2 of 3
Special Terms
Electronic Signature Disclosure
By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in this document.
Authorized Signature for Time Warner Cable Enterprises LLC Authorized Signature for Customer
Printed Name and Title
Date Signed
Page 3 of 3
Printed Name and Title
Date Signed
Agenda No. 6
CITY COUNCIL MEMORANDUM
City Council Meeting: February 23, 2016
Department:
Subject:
BACKGROUND:
Information Technologies
Resolution No. 16 -R -17 Consideration
and /or action approving a Resolution
authorizing the addition of new services to
the existing agreement for the Live Oak Rd
Data Center/ Disaster Recovery Site
provided by Time Warner Cable, to allow
internet services, to the City's Disaster
Recovery site and other matters in
connection therewith.
The I.T. Dept. is charged with ensuring reliable and efficient services to staff and residents of our
City. Part of our mandate is to provide reliable and responsive internet connectivity as well as
the continued city services if the main city hall services were to be disrupted from weather or
disaster. This new service will provide us with a second internet connection to be used
primarily for access to our backup data center. The new service is a 50Mbps x 5Mbps service.
The proposed TWC contract will provide a bandwidth of 50Mbps x 5 Mbps connection located
at 1057 E. Live Oak. The cost of this service is a one -time fee of $ 150.00 and a recurring fee of
$274.99 per month.
As demand increases additional bandwidth will become necessary, and the I.T. department will
return to Council for authorization.
The I.T. Dept. is requesting approval of Resolution No. 16 -R -17 so that the City can amend our
current contract with Time Warner Cable to provide the new offsite bandwidth services.
GOAL:
To provide a new bandwidth which provides services to staff and residents, in order to meet
demands for reliable services.
COMMUNITY BENEFIT:
The service will allows us to continue essential city services should a disaster occur.
50492900.1
City Council Memorandum
Page 2
Acceptance of the Resolution 16 -R -17 to provide a new internet service with Time Warner
Cable.
FISCAL IMPACT
The cost of this service is a one -time fee of $150.00 and a recurring fee of $274.99 per month
which is $3,299.88 per year, not including federal/state fees. Funds are available in account 101-
853- 533300 I.T. General Fund Telephone /Landline.
STAFF RECOMMENDATION
Approval of Resolution No. 16 -R -17
ATTACHMENT
Resolution No. 16 -R -1.7
RESOLUTION NO. 16 -R -17
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE ADDITION OF NEW SERVICES TO THE
EXISTING AGREEMENT FOR THE LIVE OAK RD DATA CENTER/DISASTER
RECOVERY SITE PROVIDED BY TIME WARNER CABLE TO ALLOW
INTERNET SERVICES TO THE CITY'S DISASTER RECOVERY SITE AT 1057
E. LIVE OAK WITH A 50 MBPS SERVICE, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter
into an Agreement with Time Warner Cable, relating to an additional service for internet access for use at
our disaster recovery location for staff and vendors throughout the City in the amount of $2,374.00 for the
current fiscal year and $3,336.00 per year for both FY 16 -17 and FY 17 -18 and $1,112.00 for the FY 18-
1.9; and
WHEREAS, this service will allow us to meet the mandate for disaster recovery services to our
staff and vendors; and
WHEREAS, the City Council has determined that it is in the best interest of the City to contract
with Time Warner Cable pursuant to the agreement attached hereto as Exhibit A (the "Agreement ".
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT:
The City Council hereby authorizes the City Manager to execute and deliver the Agreement with
Time Warner Cable for increased bandwidth in substantially the form set forth on Exhibit A.
Section 1. 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 2. 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 3. This Resolution shall be construed and enforced in accordance with the laws of the
State of Texas and the United States of America.
Section 4. 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 5. 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.
50494755.1
Section 6. This Resolution shall be in force and effect from and after its final passage, and it is
so resolved.
PASSED AND ADOPTED, this 23rd day of February, 2016
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
50494755.1
EXHIBIT A
50494755.1 A -1
Account Executive: Ruben Meza
Phone: (956) 535 -0155 ext:
Cell Phone: (956) 535 -0155
Fax: (956) 230 -0465
Email: ruben.meza @twcable.com
Order # 7039340
Internet and Video Order Information For 1057 E Live Oak Rd Schertz TX 78154
Service Type
High Speed Internet (HSD)
Page 1 of 3
Business Name
City of Schertz
Customer Type:
Federal Tax ID
Tax Exempt Status
Tax Exempt Certificate #
Billing Address
Attention To:
Account Number
1400 Schertz Pkwy Schertz TX 78154
Billing Contact
Billing Contact
Phone
Billing Contact Email Address
John Kessel
210 619 -1000
jkessel@schertz.com
Authorized Contact
Authorized Contact
Phone
Authorized Contact Email Address
John Kessel
210 619 -1000
jkessel@schertz.com
Technical Contact
Technical Contact
Phone
Technical Contact Email Address
Tammy Lawrence
210 619 -1187
tiawrence@schertz.com
Internet and Video Order Information For 1057 E Live Oak Rd Schertz TX 78154
Service Type
High Speed Internet (HSD)
Page 1 of 3
New and Revised Services and Monthly Charges At 1057 E Live Oak Rd , Schertz TX 78154
Monthly
Description Quantity Sales Price Recurring Total Contract Term
5 Static IP
1
$35.00
$35.00
36 Months
Business Internet 50Mx5M
1
$239.99
$239.99
36 Months
WiFi LAN Promotion
1
$0.00
$0.00
36 Months
*Total
$274.99
*Prices do not include taxes and fees.
One Time fees At 1057 E Live Oak Rd , Schertz TX 78154
Description Quantity Sales Price Total
One -Time Installation Charge
1
$150.00
$150.00
Total
$150.00
*Prices do not include taxes and fees.
Page 2 of 3
Special Terms
Electronic Signature Disclosure
By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in this document.
Authorized Signature for Time Warner Cable Enterprises LLC Authorized Signature for Customer
Printed Name and Title
Date Signed
Page 3 of 3
Printed Name and Title
Date Signed
Service Agreement
Terms and Conditions
le TIME WARNER CABLE -
Business Class
This Business Class Service Order, including all attached Work Orders and additional Terms and Conditions that are incorporated herein
by this reference ( "Service Agreement "), dated 02/11/2016 (the "Effective Date "), is between customer identified below ( "Customer ")
and Time Warner Cable ( "TWC or Operator ").
Time Warner Cable Information
Time Warner Cable Business Class
Street:
2921 S Expressway 83
City:
Harlingen
State:
TX
Zip Code:
78551
Customer Information
Customer Name
Account Number
City of Schertz
Billing Address
1400 Schertz Pkwy Schertz TX 78154
Authorized Contact
Phone
John Kessel
(210) 619 -1000
Billing Contact
Phone
John Kessel
(210) 619 -1000
Customer Address(s)
1057 E Live Oak Rd , Schertz TX 78154
Service Agreement
Contact: Ruben Meza
Phone: (956) 535 -0155
Cell Phone:
Fax: (956) 230 -0465
Federal Tax ID
Fax
Fax
THIS TIME WARNER CABLE BUSINESS CLASS SERVICES AGREEMENT IS SUBJECT TO THE TIME WARNER CABLE BUSINESS
CLASS SERVICES AGREEMENT TERMS AND CONDITIONS AVAILABLE AT WWW.TWCBC.COM /LEGAL, A COPY OF
WHICH WILL BE PROVIDED TO CUSTOMER UPON REQUEST. SUCH TERMS AND CONDITIONS ARE INCORPORATED
HEREIN BY THIS REFERENCE. BY EXECUTING THIS TIME WARNER CABLE BUSINESS CLASS SERVICES
AGREEMENT WHERE INDICATED BELOW, CUSTOMER ACKNOWLEDGES THAT (1) CUSTOMER ACCEPTS AND AGREES TO BE
BOUND BY ALL SUCH TERMS AND CONDITIONS, INCLUDING SECTION 21 THEREOF, WHICH PROVIDES THAT THE PARTIES
DESIRE TO RESOLVE DISPUTES RELATING TO THE TIME WARNER BUSINESS CLASS SERVICES AGREEMENT THROUGH
ARBITRATION; AND (2) BY AGREEING TO ARBITRATION, CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO
TRIAL BY JURY.
Electronic Signature Disclosure
By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in this document.
Authorized Signature for Time Warner Cable Authorized Signature for Customer
Printed Name and Title Printed Name and Title
Date Signed Date Signed
Page 1 of 1
Service Agreement
�p TIME VMRNERCASLIE
Business Class
This Time Warner Cable Business Class Service Agreement ("Service Agreement") in addition to the Time Warner
Cable Business Qaoa Terms and Conditions ("Terms and Conditions") and any Time Warner Cable Business
Oaaa Service Orders (each, a "Service Ondar^), constitute the Master Agreement by and between customer
identified below ("Customer") and Time Warner Cable ("TVVC" or "Operator") and is effective as of the date last
signed below.
Time Warner CamemmprisesuLC
Street: 2921 S Expressway 83
Harlingen
State: TX
Zip Code: 78551
Customer Name (Exact Legal Nome):
City of Schertz
Contact: Ruben Meza
Telephone: (X56)535-0155
Facsimile: (95O)230-0405
Federal |ONo:
Billing Address: Suite: City: State: Zip Code:
Billing Contact Name: Phone: E-mail:
John Kessel (210) 619-1000 jkessel@schertz.com
Authorized Contact Name: Phone: E-mail:
John Kessel (210) 619-1000 ikessel(@schertz.corn
THIS SERVICE AGREEMENT HEREBY INCORPORATES BY REFERENCE THE TERMS AND CONDITIONS
(AVAILABLE AT WWW.TWCBC.COM/LEGAL), A COPY OF WHICH WILL BE PROVIDED TO CUSTOMER
UPON REQUEST. BY EXECUTING THIS SERVICE AGREEMENT BEL{}VV, CUSTOMER ACKNOWLEDGES
THAT: (1)CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS,
INCLUDING SECTION 21 THEREOF, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE DISPUTES
RELATING TO THE TIME VVARNER CABLE BUSINESS CLASS SERVICES AGREEMENT THROUGH
ARBITRATION; AND (2) BY AGREEING TO ARBITRATION, CUSTOMER |S GIVING UP VARIOUS RIGHTS,
INCLUDING THE RIGHT TO TRIAL BYJURY.
By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions
outlined in this document.
Electronic Signature Disclosure
Authorized Signature for
Time Warner Cable Enterprises LLC
Authorized Signature for Customer
Name (printed):
Name (printed):
Title:
Title:
Date:
Date:
Agenda No. 7
City Council Meeting: February 23, 2016
Department: IT
Subject: Resolution 16 -R -18 - Software
Maintenance Agreement with
Environmental Systems Research
Institute, Inc. for GIS mapping
software
BACKGROUND
The City previously entered into a software maintenance agreement with Environmental Systems
Research Institute, Inc. for GIS mapping software in 2013. The current agreement is due to
expire in 2016, and the City desires to renew the maintenance agreement for another three -year
term. The cost of a three -year small enterprise license agreement (ELA) for county and
municipalities is $35,000 per year, or $105,000 for the contract term. The ELA will provide
numerous benefits to the City as multiple departments rely on the ESRI software for their day to
day operations, such as Planning & Zoning, Development Service, Public Works and the
Marshals.
FISCAL IMPACT
The cost of a three -year small enterprise license agreement (ELA) for county and municipalities
is $35,000 per year, or $105,000 for the contract term. Funds are budgeted and available in 101-
853- 532360 Software Maint -Dept. Specific.
RECOMMENDATION
Staff recommends Council approve Resolution 16 -R -18 to enter into an enterprise license
agreement for GIS software maintenance.
ATTACHMENT(S)
Resolution No. 16 -R -18
Exhibit A: Enterprise License Agreement
RESOLUTION NO. 16 -R -18
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A SOFTWARE MAINTENANCE
AGREEMENT WITH ENIVIRONMENTAL SYSTEMS RESEARCH
INSTITUTE, INC. FOR GIS SOFTWARE, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City of Schertz (the "City ") previously entered into a software
maintenance agreement with Environmental Systems Research Institute, Inc. for GIS mapping
software in 2013, the City desires to renew the maintenance agreement for another three -year
term; and
WHEREAS, the cost of a three -year small enterprise license agreement for county and
municipalities is $35,000 per year, or $105,000 for three years; and
WHEREAS, it is of benefit to the City to renew the agreement because it will provide a
lower cost per unit for licensed software, there will be substantially reduced administrative and
procurement expenses, and software support will allow departments to function more efficiently;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this _ day of _, 2016.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
Brenda Dennis, City Secretary
(CITY SEAL)
50234811.1
EXHIBIT A
GI! '
50234811.1 A -1
i� ABM
January 28, 2016
Mr. Antonio McFalls
City of Schertz
1400 Schertz Pkwy Ste 1
Schertz, TX 78154
Dear Antonio,
The Esri Small Municipal and County Government Enterprise License Agreement (ELA) is a three -year
agreement that will grant your organization access to Esri® term license software on an unlimited basis
including maintenance on all software offered through the ELA for the term of the agreement. The ELA
will be effective on the date executed and will require a firm, three -year commitment.
Based on Esri's work with several organizations similar to yours, we know there is significant potential to
apply geographic information system (GIS) technology in many operational and technical areas within
your organization. For this reason, we believe that your organization will greatly benefit from an
enterprise license agreement.
An ELA will provide your organization with numerous benefits including:
• A lower cost per unit for licensed software
• Substantially reduced administrative and procurement expenses
• Maintenance on all Esri software deployed under this agreement
• Complete flexibility to deploy software products when and where needed
The following business terms and conditions will apply:
IN All current departments, employees, and in -house contractors of the organization will be eligible
to use the software and services included in the ELA.
■ If your organization wishes to acquire and /or maintain any Esri software during the term of the
agreement that is not included in the ELA, it may do so separately at the Esri pricing that is
generally available for your organization for software and maintenance.
■ The organization will establish a single point of contact for orders and deliveries and will be
responsible for redistribution to eligible users.
■ The organization will establish a Tier 1 support center to field calls from internal users of Esri
software. The organization may designate individuals as specified in the ELA who may directly
contact Esri for Tier 2 technical support.
■ The organization will provide an annual report of installed Esri software to Esri.
380 New York Street 904 793 2853
Redlands, California 92373 -81007 USA info@esri.com rsri.com
■ Esri software and updates that the organization is licensed to use will be automatically available
for downloading.
■ The organization will act as an Esri reference site and will permit Esri to publicize its use of Esri
software and services.
■ The fee and benefits offered in this ELA proposal are contingent upon your acceptance of Esri's
Small Municipal and County Government ELA terms and conditions.
■ Licenses are valid for the term of the ELA.
This program offer is valid for 90 days. To complete the agreement within this time frame, please contact
me within the next seven days to work through any questions or concerns you may have. To expedite
your acceptance of this ELA offer:
1. Sign and return the whole agreement per the instructions in the terms and conditions.
2. On the first page of the ELA, identify the central point of contact /agreement administrator. The
agreement administrator is the party that will be the contact for management of the software,
administration issues, and general operations. Information should include name, title (if
applicable), address, phone number, and e -mail address.
3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization.
4. Send the purchase order and agreement to the address, email or fax noted below:
Esri
Attn: Customer Service SG -ELA
380 New York Street
Redlands, CA 92373 -8100
e -mail: service @esri.com
fax documents to: 909 -307 -3083
I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to
your organization.
Thank you very much for your consideration.
Best Regards,
Robyn Garrett
r Barrett a csrl,c cyan
704 -541 -9810 *1 -8640
Small Government ELA
esno 0 Quotation # 20481998
Date: January 28, 2016
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. Customer # 279580 Contract #
3325 Springbank Ln, Ste 200
Charlotte, NC 28226 -3343 City of Schertz
Phone: (704) 541 -9810 Fax: (704) 541 -7620 GIS Dept
DUNS Number: 06- 313 -4175 CAGE Code: OAMS3 1400 Schertz Pkwy Ste 1
Schertz, TX 78154
To expedite your order, please attach a copy of ATTENTION: Antonio McFalls
this quotation to your purchase order.
Quote is valid from: 0112812016 To: 0412712016 PHONE: (210) 619 -1184
FAX: 210- 659 -3204
Material
Qty
Description
Unit Price
Total
110036
1
Populations of 25,001 to 50,000 Small Government Term Enterprise
35,000.00
35,000.00
License Agreement
-2016 payment
110036
1
Populations of 25,001 to 50,000 Small Government Term Enterprise
35,000.00
35,000.00
License Agreement
-2017 payment
110036
1
Populations of 25,001 to 50,000 Small Government Term Enterprise
35,000.00
35,000.00
License Agreement
-2018 payment
Item Total:
105,000.00
Subtotal:
105,000.00
Sales Tax:
0.00
Estimated Shipping & Handling(2 Day Delivery) :
0.00
Contract Pricing Adjust:
0.00
Total: $105,000.00
This quote is for renewing the current SGELA contract # 2013SGE3016 for
another three years. The current contract is set to expire on 4/19/2016.
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact: Robyn Garrett
Email: raarrett @esri.com Phone: (704)541-9810x8640
The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esri's
standard terms and conditions at www.esri.com /legal, which are incorporated by reference. Federal government entities and government prime
contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance is limited to the terms of this
quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be
sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services.
if sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074 -4630
GARRETTR This offer is limited to the terms and conditions incorporated and attached herein.
Esri Use Only:
Cust. Name _
Cust. #
PO #
Esri Agreement #
Esri, 380 New York St., Redlands, CA 92373 -8100 USA • TEL 909 - 793 -2853 • FAX 909 - 793 -5953
SMALL ENTERPRISE LICENSE AGREEMENT
El ENT
COUNTY AND MUNICIPALITY
(E214 -2)
This Agreement is by and between the organization identified in the Quotation ( "Licensee ") and Environmental Systems
Research Institute, Inc. ( "Esri").
This Agreement sets forth the terms for Licensee's use of Products and incorporates by reference (i) the Quotation and (ii) the
License Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this
Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the
License Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which
Licensee is located without reference to conflict of laws principles, and the USA federal law shall govern in matters of
intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in
Table A.
Table A
Dist of Products
Uncapped Quantities
Desktop Software and Extensions
ArcGIS for Desktop Advanced
ArcGIS for Desktop Standard
ArcGIS for Desktop Basic
ArcGIS for Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager for Desktop,
ArcGIS Data Reviewer
Server Software and Extensions
ArcGIS for Server Workgroup and Enterprise (Advanced,
Standard, and Basic)
ArcGIS for Server Extensions: ArcGIS 3D Analyst, ArcGIS
Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS
Network Analyst, ArcGIS Schematics, ArcGIS Workflow
Manager for Server, ArcGIS Image Extension for Server
Developer Tools
ArcGIS Engine
ArcGIS Engine Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase
Update, ArcGIS Network Analyst, ArcGIS Schematics
ArcGIS Runtime Standard
ArcGIS Runtime Standard Extensions: ArcGIS 3D
Analyst, ArcGIS Spatial Analyst, ArcGIS Network
Analyst
Limited Quantities
One (1) Annual Subscription to Esri Developer
Network (EDN) Standard*
One (1) Esri CityEngine Advanced Single Use License
One (1) Esri CityEngine Advanced Concurrent Use
License
One (l) ArcGIS Online Subscription
One (1) Portal for ArcGIS Subscription
OTHER BENEFITS
One (1) ArcGIS Online subscription with specified named users and credits as determined in the program
description
Level 3
One (1) Portal for ArcGIS term subscription with specified named users as determined in the program
description
Level 3
Number of Esri User Conference registrations provided annually
3
Number of Tier 1 Help Desk individuals authorized to call Esri
3
Maximum number of sets of backup media, if requested" *
2
Virtual Campus Annual User License allowance
7,500
Five percent (5 %) discount on all individual commercially available instructor -led training classes at Esri facilities
purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package.)
* Maintenance is not provided for these items.
* *Additional sets of backup media may be purchased for a fee.
Page 1 of 5 12.1.2015
Licensee may accept this Agreement by signing and returning the whole Agreement with a sales quotation, purchase order, or
other document ( "Ordering Document ") that matches the Quotation and references this Agreement. ADDITIONAL OR
CONFLICTING TERMS IN LICENSEE'S ORDERING DOCUMENT WILL NOT APPLY, AND THE TERMS OF
THIS AGREEMENT WILL GOVERN. Unless otherwise mutually agreed to, this Agreement is effective as of the date of
the last signature on the signature page ( "Effective Date ") or, if no date is provided with the signature, the date of Esri's
receipt of Licensee's Ordering Document incorporating this Agreement by reference.
Term of Agreement: 3 years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between
the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can
be made to this Agreement.
Accepted and Agreed:
(Licensee)
By:
Authorized Signature
Printed Name:
Title:
Date:
Contact:
Address:
City, State, Postal Code:
Country:
Quotation Number (if applicable):
LICENSEE CONTACT LN 'ORNIA"T ON
Telephone:
Fax:
E -mail:
Page 2 of 5 12.1.2015
1.0 ADDITIONAL DF"FINITIONS
In addition to the definitions provided in the License
Agreement, the following definitions apply to this
Agreement:
"Deploy ", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Licensee's organization(s)
"Fee" means the fee set forth in the Quotation.
"Incident" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational or
functional performance.
"License Agreement" means (i) the applicable license
agreement incorporated by this reference that is found at
htt : / /www.esri.com/le al/software- license; composed of
the General License Terms and Conditions (E204) and
Exhibit 1, Scope of Use (E300); and available in the
installation process requiring acceptance by electronic
acknowledgment or (ii) a signed license agreement
between the parties that supersedes such electronically
acknowledged license agreement.
"Maintenance" means Tier 2 Support, Product updates,
and Product patches provided to Licensee during the term
of this Agreement.
"Product(s)" means the products identified in Table A—
List of Products and any updates to the list Esri provides
in writing.
"Quotation" means the offer letter and quotation
provided separately to Licensee.
"Technical Support" means the technical assistance for
attempting resolution of a reported Incident through error
correction, patches, hot fixes, workarounds, replacement
deliveries, or any other type of Product corrections or
modifications.
"Tier 1 Help Desk" means Licensee's point of contact(s)
to provide all Tier 1 Support within Licensee's
organization(s).
"Tier 1 Support" means the Technical Support provided
by the Tier 1 Help Desk.
"Tier 2 Support" means the Technical Support provided
to the Tier 1 Help Desk when an Incident cannot be
resolved through Tier 1 Support. Licensee will receive
Tier 2 Support from Esri.
2.0.......ADDITIONAL Gt A T o, LICENSE
11 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to Licensee
a personal, nonexclusive, nontransferable license
solely to use, copy, and Deploy quantities of the
Products listed in Table A —List of Products for the
term provided on the first page (i) for the applicable
Fee and (ii) in accordance with the License
Agreement.
12 Consultant Access. Esri grants Licensee the right to
permit Licensee's consultants or contractors to use the
Products exclusively for Licensee's benefit. Licensee
will be solely responsible for compliance by
consultants and contractors with this Agreement and
will ensure that the consultant or contractor
discontinues use of Products upon completion of
work for Licensee. Access to or use of Products by
consultants or contractors not exclusively for
Licensee's benefit is prohibited. Licensee may not
permit its consultants or contractors to install
Software or Data on consultant, contractor, or third -
party computers or remove Software or Data from
Customer locations, except for the purpose of hosting
the Software or Data on Contractor Servers for the
benefit of Licensee.
4— TERM, T tfMtNA°t IO , AND EXPIRATION
3.1 Term. The term of this Agreement and all licenses
hereunder will commence on the Effective Date and
continue for the duration identified on the signature
page, unless this Agreement is terminated earlier as
provided herein. Licensee is only authorized to use
Products during the term of this Agreement. For an
Agreement with a limited term, Esri does not grant
Licensee an indefinite or perpetual license to
Products.
3.2 No Use upon Agreement Expiration or
Termination. All Product licenses and all
Maintenance, Esri Virtual Campus access, and Esri
User Conference registrations terminate on expiration
or termination of this Agreement.
3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material breach
by the other party. The breaching party will be given
a period of thirty (30) days from the date of written
notice to cure any material breach.
3.4 Termination for Lack of Funds. For an Agreement
with government or government -owned entities,
either party may terminate this Agreement before any
subsequent year if Licensee is unable to secure
Page 3 of 5 12.1.2015
funding through the legislative or governing body's
4.
The Tier 1 Help Desk will be the initial points of
approval process.
contact for all questions and reporting of an
Incident. The Tier 1 Help Desk will obtain a full
description of each reported Incident and the
. ---- I oi)[7CT r UPDATES
system configuration from the user. This may
include obtaining any customizations, code
.1 Future Updates. Esri reserves the right to update the
samples, or data involved in the Incident. The
list of Products in Table A —List of Products by
Tier 1 Help Desk may also use any other
providing written notice to Licensee. Licensee may
information and databases that may be developed
continue to use all Products that have been Deployed,
to satisfactorily resolve the Incident.
but support and upgrades for deleted items may not
be available. As new Products are incorporated into
5.
If the Tier 1 Help Desk cannot resolve the
the standard program, they will be offered to
Incident, an authorized Tier 1 Help Desk
Licensee via written notice for incorporation into the
individual may contact Tier 2 Support. The
Products schedule at no additional charge. Licensee's
Tier 1 Help Desk will provide support in such a
use of new or updated Products requires Licensee to
way as to minimize repeat calls and make
adhere to applicable additional or revised terms and
solutions to problems available to Licensee.
conditions of the License Agreement.
him
Tier 1 Help Desk individuals are the only
4.2 Product Life Cycle. During the term of this
individuals authorized to contact Tier 2 Support.
Agreement, some Products may be retired or may no
Licensee may change the Tier 1 Help Desk
longer be available to Deploy in the identified
individuals by written notice to Esri.
quantities. Maintenance will be subject to the
individual Product Life Cycle Support Status and
b. Tier 2 Support
Product Life Cycle Support Policy, which can be
found at bttp : / /support.esri.com /enlcontent
1.
Tier 2 Support will log the calls received from
/productlifecycles. Updates for Products in the
Tier 1 Help Desk.
mature and retired phases may not be available.
Licensee may continue to use Products already
2.
Tier 2 Support will review all information
Deployed for the term of this Agreement, but
collected by and received from the Tier 1 Help
Licensee will not be able to Deploy retired Products.
Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
5.0-MAINTENANCE
Desk when Tier 2 Support is required.
The Fee includes standard maintenance benefits specified
in the most current applicable Esri Standard Maintenance
Program document (found at http: / /www.esri.com /legal).
At Esri's sole discretion, Esri may make patches, hot
fixes, or updates available for download. No Software
other than the defined Products will receive Maintenance.
Licensee may acquire maintenance for other Software
outside this Agreement.
a. Tier 1 Support
1. Licensee will provide Tier 1 Support through the
Tier 1 Help Desk to all Licensee's authorized
users.
2. The Tier 1 Help Desk will be fully trained in the
Products.
. At a minimum, Tier 1 Support will include those
activities that assist the user in resolving how -to
and operational questions as well as questions on
installation and troubleshooting procedures.
3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or answers
to additional questions to supplement any
preliminary information gathering or
troubleshooting performed by Tier 1 Help Desk.
. Tier 2 Support will attempt to resolve the
Incident submitted by Tier I Help Desk.
5. When the Incident is resolved, Tier 2 Support
will communicate the information to Tier 1 Help
Desk, and Tier 1 Help Desk will disseminate the
resolution to the user(s).
6. — NDORSE EN'T AND PUBLICITY
This Agreement will not be construed or interpreted as an
exclusive dealings agreement or Licensee's endorsement
of Products. Either party may publicize the existence of
this Agreement.
Page 4 of 5 12.1.2015
7.0 ADMINISTRATIVE" RATIV ; I °MEET
7.1 OEM Licenses. Under Esri's OEM or Solution OEM
programs, OEM partners are authorized to embed or
bundle portions of Esri products and services with
their application or service. OEM partners' business
model, licensing terms and conditions, and pricing
are independent of this Agreement. Licensee will not
seek any discount from the OEM partner or Esri
based on the availability of Products under this
Agreement. Licensee will not decouple Esri products
or services from the OEM partners' application or
service.
7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days prior
to the expiration date of this Agreement, Licensee
will provide Esri with a written report detailing all
Deployments. Upon request, Licensee will provide
records sufficient to verify the accuracy of the annual
report.
8.0—ORDERING, ADMI ISTRATIVE
PROCEDURES, RES, ELIVERY,, AND
EI'1,OYME T
8.1 Orders, Delivery, and Deployment
a.. Licensee will issue an Ordering Document upon
execution of this Agreement and annually thereafter
in accordance with the Quotation. Payment will be
due and payable within thirty (30) calendar days of
the anniversary date of the Effective Date, with the
initial payment due within thirty (30) calendar days
of execution of this Agreement. Esri's federal ID
number is 95 -2775 -732.
b. Upon receipt of the initial Ordering Document from
Licensee, Esri will authorize download of the
Products to Licensee for Deployment. If requested,
Esri will ship backup media to the ship -to address
identified on the Ordering Document, FOB
Destination, with shipping charges prepaid. For those
entities that avoid sales tax by downloading
deliverables, request for delivery or receipt of
tangible media may cause the Fee to be subject to
taxes. Licensee acknowledges that should such taxes
become due, Esri has a right to invoice and Licensee
will pay any such sales or use tax associated with its
receipt of tangible media.
c. Esri will provide Authorization Codes to activate the
nondestructive copy protection program that enables
the Products to operate.
8.2 Order Requirements
a. All orders pertaining to this Agreement will be
processed through Licensee's centralized point of
contact.
b. The following information will be included in each
Ordering Document:
(1) Licensee name; Esri customer number, if known;
and bill -to and ship -to addresses
(2) Order number
(3) Applicable annual payment due
9.0—MERGERS, A QuisiTiON , OR
DIVES'FITURES
If Licensee is a commercial entity, Licensee will notify
Esri in writing in the event of (i) a consolidation, merger,
or reorganization of Licensee with or into another
corporation or entity; (ii) Licensee's acquisition of another
entity; or (iii) a transfer or sale of all or part of Licensee's
organization (subsections i, ii, and iii, collectively referred
to as "Ownership Change "). There will be no decrease in
Fee as a result of any Ownership Change.
9,'1 If an Ownership Change increases the cumulative
program count beyond the maximum level for this
Agreement, Esri reserves the right to increase the Fee
or terminate this Agreement and the parties will
negotiate a new agreement.
9.2 If an Ownership Change results in transfer or sale of
a portion of Licensee's organization, that portion of
Licensee's organization will uninstall, remove, and
destroy or transfer the Products to Licensee.
9.3 This Agreement may not be assigned to a successor
entity as a result of an Ownership Change unless
approved by Esri in writing in advance. If the
assignment to the new entity is not approved,
Licensee will require any successor entity to
uninstall, remove, and destroy the Products, and this
Agreement will terminate upon such Ownership
Change.
Page 5 of 5 12.1.2015
Lone Star Rail District Update
On February 1.0, 2016, The San Antonio Express News published a story about Union
Pacific Railroad notifying the Lone Star Rail District (LSRD) of its decision to
discontinue the current memorandum of understanding (MOU) with the Lone Star Rail
District. Attached are a copy of that February 10, 2016 San Antonio Express News article
and a response from the LSRD.
Per the City's interlocal agreement with the LSRD, if within six years (January 1, 2022)
the LSRD does not have an agreement with Union Pacific for transfer of ownership of
UP's existing rail right of way to or for the benefit of the LSRD the agreement may be
terminated and all funds in the Tax Increment Fund will be available to the City.
fl
February 16, 2016
Dear Councilmember,
Lone Star Rail T 512-558-7360
PO Box 1618 F 512-558-7365
San Marcos, TX 78667 vAmloneStarRaiLcom
As you may be aware, Union Pacific recently notified the Lone Star. Rail District of its decision to
discontinue the current memorandum of understanding (MOU) that has guided our discussions
with them for the past several years. Our position is that now is not the time to step back, it's a
time for us all to step up. We have, therefore, requested a meeting with Union Pacific upper
management to better understand their perspective and circumstances.
Additionally, it's important to keep this in a proper perspective that includes the following:
1) The Lone Star Rail District was created to help find meaningful solutions to our region's
mobility issues. To that end, we have brought together 21 governmental jurisdictions
representing more than 4.5 million constituents, the federal government, the Texas
Department of Transportation, two metropolitan planning organizations, and hundreds of
interested parties to support our mission. Collaboration with every entity and person who
can make a contribution to our work is important and is, therefore, our continued focus.
2) The Lone Star Rail District is in the middle of an environmental impact study (EIS) as
required by the National Environmental Policy Act (NEPA). The NEPA process mandates
that the Rail District assess all feasible alternatives for a proposed passenger rail system.
Union Pacific's existing 1-35 corridor track has been only one of the alternatives being
considered but other options are also being explored. We anticipate completing the EIS in
2017-2018.
3) For many years we have enjoyed productive discussions with Union Pacific about the
mutual benefits our project represents for both the railway and our region. These
discussions have taken place under non-binding terms and while UP's circumstances may
be evolving, we are confident that the importance of this project to the communities we
serve, as well as UP, will continue in a collaboration beneficial to all parties.
We'll update you as new information is received. In the meantime, please contact me if you have
any questions.
Sincerely,
S�
Sid Covington, Chair
Lone Star Rail District
sm
Pacific
Union
passenger
train idea
UP ends agreement to consider proposed route using freight
tracks
By Katherine Blunt, Staff riter I February 10, 2016 I Updated: February 11, 2016 9:2oam
Photo: David McNew /Getty Images
IMAGE I OF 2
Union Pacific pulled out of an agreement with the Lone Star Rail District to study the possibility of running
passenger trains on one of its freight lines. The district has been planning to build a passenger .. more
Union Pacific dealt a major blow to a proposal to connect San Antonio and Austin with
passenger rail by pulling one of its tracks from a possible plan.
UP ended its agreement with the Lone Star Rail District to study the feasibility of running
passenger trains on a freight line that parallels Interstate 35. The idea underpinned the
district's plans to build the passenger rail line, known as LSTAR, between San Antonio
and Georgetown.
The agreement, signed in 2010,
allowed UP and the district to study the
corridor and the possibility of
relocating the freight line. But Jeff
DeGraff, spokesman for Union Pacific,
said the district's proposals didn't
adequately address concerns about how
the passenger rail would affect the
company's freight operations.
"We chose to cancel the (agreement)
and move forward with other projects and other things we need to deal with," he said.
"We just don't think they've been able to come up with an arrangement that's suitable for
the needs of freight railroad as well as a passenger railroad."
The plan for LSTAR involved using UP's freight line tracks to move passengers between
San Antonio and Georgetown, with 19 stops along the way. The district has been studying
routes for an alternate freight line east of 1-35.
Even if the district built a new freight line, UP would still have to run some freight trains
on the LSTAR tracks to serve existing customers, DeGraff said.
"The idea of co-mingling freight and commuter rail on the same line is not a good idea,
not something that's feasible, and we didn't feel the idea they came up with for realigning
the tracks was something we could agree with," he said.
Bill Bingham, an attorney with the Austin-based law firm McGinnis Lochridge, said UP
announced its decision in letter Tuesday. His firm represents the district.
"It was a bit of a surprise," he said. "We thought really that we had been able to answer
any concerns they had as we were proceeding."
The district is in the midst of an environmental impact study that examines several
possible routes for the passenger train, and Bingham said it could revise the plan if the UP
tracks stay off-limits. But the UP tracks were the district's best chance of advancing a
proposal more than a decade in the making.
"That is really not a good thing," said District 9 City Councilman Joe Krier, a longtime
proponent of the passenger train. "You have to have an agreement with UP at some point
to have access to their right of way."
The decision could be a major setback in the district's plans to secure a public-private
partnership to establish the service. Several cities, including San Antonio, have put money
toward planning the train service, but the district lacks the $2.4 billion needed to build it
and relocate the UP route.
Bingham said the district hopes to meet
with UP within the next week to better
-understand the company's decision and concerns.
"The LSTAR district has had a long and productive good-faith relationship with UP, and
we would expect to continue our discussions," he said.
DeGraff said UP is open to hearing the district's plans to move forward but has no
intention to re-enter any sort of formal agreement at this time.
"These are issues we raised at the onset, 55 he said. "We went into this with full
cooperation, but we want to be able to address the needs of our customers because freight
is vitally important across Texas."
licblunt@express-news. net
Twitter: @Icatherinebhtnt
I
It E A R S TV, RJA "14 0
(D 2016 Hearst Communications Inc.