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06-14-2016 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL JUNE 14,2016,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 COMMUNITY.SERVICE.OPPORTUNITY Call to Order — City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember John) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • 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. 06 -14 -2016 Council Agenda 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 June 7, 2016. (J. Kessel /B. Dennis) 2. Ordinance No. 16 -D -14 — Consideration and /or action approving an Ordinance amending Section 86 -1.1.5 of the City Code of Ordinances, Maximum limits on specific streets by changing the entire length of Corbett Drive to 30 MPH. Final Reading (B. James /K. Woodlee /C. Palomo) 3. Ordinance No. 16 -D -1.5 — Consideration and/or action approving an Ordinance amending Section 86 -118 of the City Code of Ordinances, Maximum Limits in School Zones for a certain street, removing the school zone for a certain street, and reducing the area for the school zone on a certain street to include the school zone on Corbett Drive Between FM 1518 and Alsation Way. Final Reading (B. James /K. Woodlee /C. Palomo) 4. Ordinance No. 16 -D -16 — Consideration and/or action approving an Ordinance amending Section 86 -149 of the City Code of Ordinances, Parking Prohibited, to include a 5 minute parking zone limit at the Kramer Farm mail kiosk. Final Reading (B. James /K. Woodlee /C. Palomo) 5. Cancellation of the July 5, 2016 City Council Meeting — Consideration and /or action cancelling the July 5, 2016 City Council meeting due to lack of items and due to the July 4th Holiday week. (B. Dennis /Mayor /Council) Discussion and Action Items 6. Resolution No. 16 -R -45 — Consideration and /or action approving a Resolution by the City of Schertz authorizing expenditures with BB Inspections totaling no more than $95,000 for Building Inspection Services during the remainder of the 2015 -2016 Fiscal Year. (B. James /L. Wood/B. Cox) 7. Resolution No. 16 -R -42 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas Authorizing and Approving Publication of Notice of Intention to Issue one or more series of Certificates of Obligation; complying with the requirements contained in Securities and Exchange Commission Rule 15c2 -12; and providing an effective date. (J. Kessel/J. Santoya /J. Walters) 8. Resolution No. 16 -R -43 — Consideration and/or action approving a Resolution authorizing the Schertz - Seguin Local Government Corporation (SSLGC) Budget Amendment for Fiscal Year 2015 -2016 in the amount of $400,000 as a transfer to the SSLGC Repair and Replacement Fund. (D. Wait /A. Briggs) 06 -14 -2016 City Council Agenda Page - 2 - 9. Resolution No. 16 -R -44 — Conduct a public hearing and consideration and/or action approving a Resolution authorizing the filing of a Petition for Injunctive Relief to gain PH necessary access for determining the location of an easement and the future use of the power of eminent domain to acquire easements necessary for the completion of pipelines and appurtenances designed to carry wastewater. (B. James /K. Woodlee) 10. Ordinance No. 16 -T -17 — Consideration and /or action approving an Ordinance authorizing an Assignment and Assumption Agreement among Corridor Hotel II, LTD., and Silverwest- I Schertz(F) L:LC. First Reading (J. Kessel /K. Kinateder) Roll Call Vote Confirmation Executive Session 1.1. City Council will meet in closed session under section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Municipal Judge and Prosecutor. 1.2. City Council will meet in closed session under section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. 13. City Council will meet in closed session under section 551.087 of the Texas Government Code, Deliberation regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. • Project E -021 Reconvene into Regular Session 1.1 a. Take any action based on discussions held in closed session under Agenda Item 12 including possible increase in salary. 12a. Take any action based on discussions held in closed session under Agenda Item 12 including possible increase in salary. 13a. Take any action based on discussions held in closed session under Agenda Item 1.3 Roll Call Vote Confirmation Requests and Announcements 14. Announcements by City Manager 06 -14 -2016 City Council Agenda Page - 3 - • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 15. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. 16. 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 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 10th DAY OF JUNE, 2016 AT 3:30 P.M. WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. grevO i2 De vwds 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. If you require special assistance or have a request for sign interpretative services or other services please call 210 -619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. 06 -14 -2016 City Council Agenda Page - 4 - Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter 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 06 -14 -2016 City Council Agenda Page - 5 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: June 1.4, 2016 Department: Subject: City Secretary Minutes The City Council held a Regular Meeting on June 7, 2016. WLTG • �On None RECOMMENDATION Staff recommends Council approve the minutes of the Regular Meeting of June 7, 2016. Regular Meeting of June 7, 2016. MINUTES REGULAR MEETING June 7, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 7, 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 City Attorney Charles Zech City $,e+ Assistant to the City Manager Sarah Gonzalez Cali to Order — City Council Regular Session Mayor Carpenter called the meeting to order at 6:00 p.m. (Councilmember Azzoz) Councilmember Azzoz provided the opening of the United States and the State of Texas. Events and Edwards Wait ledges of allegiance to the flags • Announcements of up timing ity Events (13, James /D. Wait /S. Gonzalez) Director Dudley Wait who provided the following ts: Monday, June "6 Junior Fire Academy Friday, June 10 Schertz Fire Department, 8:00 AM- 12:OOPM Camp is for students of Schertz residents entering the 5th or 6th grade in the 2016/2017 school year. • Tuesday; dune 7 Schertz Chamber Lunch & Learn Thursday, June 9 Legacy at Forest Ridge, 11:40 AM -1:30 PM Schedule a tour at the most advanced senior living community in Schertz! Join us for a healthy lunch and learn how The Legacy improves the lives of seniors. From physical fitness, culinary excellence and superior care, The Legacy provides a connected, active, purposeful, and safe life. Space is limited, call for an appointment at 519 -5257. 06 -07 -2016 Minutes Page - 1 - • Thursday, June 9 Northeast Partnership Meeting Olympia Hills Golf Course and Conference Center, 11:30 AM • Friday, June 10 Grand Opening /Ribbon Cutting for Pollo Tropical 17605 IH 35 N, 10:30 A.M. • Saturday, June • Announcements Nemo Movie Park - Gates open 7:00 PM. Food available for purchase. City Manger (J. Kessel) Mayor Carpenter, recognized City Manager John Kessel who stated they had some personnel . who have charigetl duties recently: Doug Letbetter, Jim Hooks, and Dudley Wait. There was a situation with some drainage in `older part of town. They have been working with a resident who had concerns. After they met she stated she felt she had not only been heard but her situation was addressed and she had a lot of confidence in the city as a result. Staff worked together coordinating with each other and the different citizens. He thanked Doug, Jim, and Dudley for that cooperative effort. v Employee Reconition • Animal Services — Animal Services Officer Colette Dorrell • Utility Billing — Meter Technician 1 Justin Franklin • IT — IT Web Developer Keyasha Brothern • Police Department — Police Officer Amanda Catoe, Police Communications Officer Matthew Llanez • Public Works — Public Works Street Worker 1 Doug Crawford, Water /Wastewater Serviceman 1 Michael Eighinger, Fleet Mechanic 1 Steven Brozovic and Brian Siepert • Public Affairs — Pt. Time Customer Relations /311 Representative Renee Sweeney- Tidball 06 -07 -2016 Minutes Page - 2 - Each new staff member was introduced to Council by their Department Manager/ Supervisor who also provided a short bio on them. Each employee was allowed an opportunity to speak if they wished and Mayor and Council welcomed each one to City staff. Presentations: • Presentation regarding Mental Health Awareness by Susan Delano and Lauren Richter of Connections Individual and Family Services. Mayor Carpenter recognized Ms. Susan Delano, Development Director who stated she had a short video that she would have the City Secretary e -mail to Council /Mayor to watch at their convenience since tonight they were having technical difficulties showing it. Ms. Delano explained the organization began 33 years ago by a group of community citizens. They are based out of the New Braunfels area. The organization started because of a need to help `latch key kids' stay busy, out of trouble, and be able to strive for something different than what they knew. She told two true stories about children they have helped. Ms. Delano turned the program over to Lauren Richter, what the organization is doing right here in the Schert< Schertz they will have their Counseling office. The coin,, visits, set up groups with different entities (i.e. library) during the summer. They will provide info on coping skill along with parents, etc. They have pdttnerd tith another Youth Mental Health First Aide Training. This is free tr, youth who are going through a crisis and what you can oii Program Director to explain Ms. Richter stated that in go into the schools, do home t the kids have a place to go ,er management skills, getting ,y and now are presenting the (8 hours) on how to talk with n them. Ms. Delano stated the organization does a few more things such as operate a program called Safe Place. Annually, they help over 10,000 children per year in 18 counties. This is just in their Prevention Program aM STAR (Students =At Risk) Program. Through Safe Shelter they help about 300 kids per year., Shea *ed Council to help them out by spreading the word and tellina, others about their services. Mayor Carpenter invited Council, to cask questions. Mayor Pro -Tem Edwards inquired as to how they get their ftmding. The, answer was private donations and federal and state grants. Ninety -eight percent ofthe funding is from federal /state grants. Councilmember Thompson thanked them for being to the community. Councilmember Fowler inquired whether or not they were, Connecting with any of the local churches and Ms. Richter stated they were. Councilmember, Azzoz thanked the ladies and asked how large the shelter was. The Emergency Shelter, in New Braunfels can hold up to 20 kids per night. She extended an invitation to Council to take a tour of the facility at their convenience. The ladies concluded by showing a short video to council and the audience. They also left information pamphlets in the foyer. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: 06 -07 -2016 Minutes Page - 3 - • Mr. Mark Davis, 3644 Marietta Drive, who said he was going to speak about Resolution 16 -R -41, but prior to the meeting Executive Director Brian James answered his questions. • Mr. Robert Brockman, 1000 Elbel Road, who said he was wondering when the restrooms at the Playscape was going to be repaired and also what the status is of the bridge that was proposed to be built connecting the parking lots at the high school. The third thing is if the information provided council regarding Henry Gutierrez's case was also available to the public to see. Mayor Carpenter provided him a copy and asked Executive Director Brian James to speak with Mr. Brockman regarding his first two questions. Discussion and Action Items 1. Minutes — Consideration and /or action regarding the approval of the minutes of the Special Council On the Go Meeting of May 17, 2016, the Regular Meeting of May 24, 2016, and the Joint Meeting of May 25, 2016. (J. Kessel /B. Dennis) , Mayor Carpenter recognized Councilmember,fowler who moved, seconded y Mayor Pro- Tern Edwards to approve the minutes of the Special Council On the Go Meeting of May 17, 2016, the Regular Meeting of May 24, 2016, and ,th � Joint Meeting of May 25, 2016. The vote was unanimous with Mayor Pro -Tem Edwards,,, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Nation passed. The following was reat COUNCIL OF THE CITY OF SCHERTZ, TEXAS kL OF THE BEXAR METRO 911 BUDGET FOR R MATTERS IN CONNECTION THEREWITH J Execrative Director Dudley Wait who stated Bexar Metro 911, by Health and Safety Code is required to seek approval of its annual nmental entities for which it provides 911 services. This is done to ; under the umbrella of this organization have an opportunity to in the operation and focus of the agency providing 911 services. In previous years; the City of Schertz has taken advantage of this by working with other Metro -com cities to seek dollars for differing projects that would improve the public safety dispatch operations in the City and our region. These actions were instrumental in the development of a Bexar Metro 911 grant program to improve and upgrade dispatch operations that the City has been able to take advantage of on 2 separate occasions. For Fiscal Year 2017, Bexar Metro 911 will be concentrating on getting its new Regional 911 Operations Center up and operational. This 91.1 communications center will have the capacity to host multiple agency dispatch centers in the event of an emergency that makes their normal locations untenable. The Bexar County Sheriff's Office and Bexar County Fire Alarm will be 06 -07 -2016 Minutes Page - 4 - the anchor tenants in this building. This $45M structure will be completed by the end of this calendar year and has been paid for completely out of reserves of Bexar Metro 911. Executive Director Dudley Wait continues to sit on the Bexar Metro 911 Board of Directors as the Guadalupe County representative. Also, there is no fiscal impact to the City of Sehertz by approval of this budget. This budget has no increases in 911 fees so there will be no additional impact upon the citizens of Schertz beyond what they pay today. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 16 -R -39. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Hearing of Residents Mayor Carpenter moved back to the Hearing of Residents Chamber President Maggie Titterington to come forward with 0 Ms. Maggie Titterington, The Chamber President, wk team out to the Connections Individual and Family? Council to visit them also as actually- seeing it makes a of the a&4& ,and invited The [tion that she wished to present. °d she took the Leadership Core ces organization and she urged mpact on you. announced they will have their Home Living Showcase on June 25 and on June 21 they be celebrating) 1 years as =The Chamber of Commerce. RSVP by June 14. Mayor Carpenter moved back ti the Discussion and Action Items section of the agenda. n 3. Resolution No. 16-11-40 — Consideration and/or action approving a Resolution authorizing an additional Council meeting on August 30, 2016 and the cancellation of the August 2, 2016 Council meeting. (J. Kessel/J. Santoya/J. Walters) The following was read into record: RESOLUTION NO. 16 -R -40 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADITIONAL COUNCIL MEETING ON AUGUST 30, 2016 AND 06 -07 -2016 Minutes Page - 5 - THE CANCELLATION OF THE AUGUST 2, 2016 COUNCIL MEETING, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Assistant Director of Finance James Walters who stated the City Staff recommends adding a council meeting on August 30, 2016 for the budget and tax rate adoption schedule. To keep the total regular council meetings to a limit of 3 per month, it is also recommended to cancel the August 2, 2016 council meeting. In the past, August has been the month were the City goes through the budget and tax rate adoption process in a way that meets state statutes and the directive cif our own City Charter. Our normal structure plan is to adopt both the budget and tax,, rate on the first Tuesday of September. This year there are 5 Tuesdays in August which jeans the last Tuesday there would not be a council meeting. The last Tuesday in August is, r ormally the second public hearing, which is required to have prior to the adoption of a rate above the effective tax rate. Even if the City recommends to adopt a tax rate below the effective," rate it has been our practice to hold these public hearings to provide two -way communication with our citizens. If the City cannot hold the second public hearing on the schedule would be pushed back one week. Staff reeomme, to aim to adopt the budget and tax rate at the first of $e pt, prepare forms and approve initiatives that would start Oct, time lets staff communicate the next,', year initiatives to financial system with the new budget. It also removes any ability to delay the pi hearings must be held: within 2 weeks o a council meeting in�betwi�en ilie public hear any possibility tci adjust in case of any unf recommends holding the public hearings on process that allows Meeting. They will prioritization of tho; is not oinc to drive any week of August, the adoption coding with our past practices r. This gives City staff time to I st. This additional preparation employees and to prepare our s in the event of a change. The two public .nother per the state statutes. By skipping a we can still be in compliance but it removes en event that we would cause a delay. Staff to back weeks to provide a safety net in the ,s that may come up. d City Manager John Kessel who stated they are looking into July 29, which would lend itself to cancelling the August 2 :ussip �,tbings more related to infrastructure, facilities, and the rather than the details of the budget. It is related to the budget but Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by CouncilmemberTowler to approve Resolution No. 16 -R -40. The vote was unanimous with Mayor Pro -Teen Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 4. Ordinance No. 16 -D -14 — Consideration and/or action approving an Ordinance amending Section 86 -115 of the City Code of Ordinances, Maximum limits on specific streets by changing the entire length of Corbett Drive to 30 MPH. First Reading (B. James /K. Woodlee /C. Palomo) The following was read into record: 06 -07 -2016 Minutes Page - 6 - ORDINANCE NO. 16 -D -14 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86 -115, MAXIMUM LIMITS GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Graduate Engineer Cecilia Palomo who stated the Public Works and Engineering staff received a request to regulate the speed limit on Ray Corbett Drive. At the time of the request, it was found that a speed limit had nevet been set for Ray Corbett Drive. The street was accepted by the City in August, 2010, a44 'a' speed limit was not added to the City Code of Ordinances. Ray Corbett Drive is a 40 foot'ide collector street. $225.00 for the Corbett Drive Speed Limit signs , will be paid for by using the Street Maintenance account out of the FY 2015 -16 approved budget, contingencies; budget account number 101- 359551600. Staff recommends that speed limit of 30 mph�be assigned to this collector. The following was read into record: ORDINANCE NO. 16 -D -15 Mayor Carpenter recognized Graduate Engineer Cecilia Palomo who stated the Schertz Cibolo Universal City Independent School District (SCUCISD) has requested that a school zone on Ray Corbett Drive be established. Currently, a school zone does not exist on Ray Corbett Drive and is recommended to protect school children and drivers during hours of heavy traffic associated with Ray D. Corbett Junior High School. The school zone on Ray Corbett Drive is recommended to have a reduced speed limit of 20 miles per hour (Item #4 on this agenda is to establish a general speed limit of 3o miles per hour) and to extend from FM 1518 and run 1,800 feet to 250 feet southwest of Alsatian Way. 06 -07 -2016 Minutes Page - 7 - The goal is to ensure that school zones are up to date in the City of Schertz, that speed limits in school zones are reflective upon the times that students will be going to and from school to provide for safe travel, and to provide for the proper area needed for school zones. $225.00 for the Corbett Drive School Zone signs will be paid by using Street Maintenance out of the FY 2015 -16 approved budget, contingencies; budget account 101- 359551600. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Ordinance No. 16 -D -15 first reading. 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. Ordinance No. 16 -D -16 — Consideration and /or action Approving ,an Ordinance amending Section 86 -149 of the City Code of Ordinances, Parking Prohibiter; to include a 5 minute parking zone limit at the Kramer Farm mail kiosk. First Reading (B.,3es /K. Woodlee /C. Palomo) The following was read into record: 111 1.111110,11041 At the regular meeting, of the TSAC on April 7, 2016, the Commission discussed this item and recommended to restrict parking in front of the mail kiosk on Tractor Pass. Engineering and public Works recommend special parking restrictions in front of the kiosk on Tractor Pass, limiting parking to 5 minutes, for the purpose of mail pickup and drop -off. The goal is to ensure that residents can access their mail kiosk. Council expressed their opinions about why the Ordinance doesn't apply to every mail kiosk in the city. Councilmember Azzoz recommended tabling this until later to make it inclusive in all neighborhoods rather than in just one specific area. Ms. Palomo stated that TSAC did recommend this action. Executive Director Brian James stated that at this time there have been no other complaints. If Council wants to table this, staff would have to go out and look at 06 -07 -2016 Minutes Page - 8 - each circumstance and come back with a comprehensive recommendation so they could tailor them to the specifics of each neighborhood. Mayor Pro -Tern Edwards stated he feels we should pass this one now for this neighborhood and then staff could come back later with a more comprehensive recommendation. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Ordinance No. 16 -D -16 first reading. 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. Resolution No. 16 -R -41 — Consideration and /or action approving a Resolution authorizing the License and Management Agreements with the YMCA f6r Operation and Maintenance of the Recreation Center, Outdoor Pools, Splash Pad, Enclosed Community Swimming Pool of J Competition Quality, and Indoor Recreation Pool. (B.ames /B. Jambs)', The following was read into record: RESOLUTION NO. 16- CITY OF SCHERTZ, TEXAS AGREEMENTS WITH THE )NS OF THE RECREATION ' NCILOSED COMMUNTY AD INDOOR RECREATION In speaking with Bond Counsel, a recommendation was made to adjust language in Section 7 (a) and'(b ),yyith regard to the bond issuance by the City to provide overall lower costs. These provisions r f xencc th City issuing approximately $2,000,000 in bonds to be used for the project that allows for the additional body of water to be included in the project. This additional body o f water is better suited to be used by more members of the community — seniors, small children, etc. for water aerobics, beginning swim lessons, water therapy, etc. than the body of water that is of competition quality. To summarize the past discussion, constructing the indoor recreation pool necessitates the City, in partnership with the YMCA who will pay $2,000,000 over twenty years to go toward the debt service of the approximately $2 million bonds. The two agreements are for 20 years, but allow the City to close either or both of the two outdoor pools. While there is no plan to close either outdoor pool, this provision provides 06 -07 -2016 Minutes Page - 9 - flexibility to the City. The agreements continue the membership plan for use of the recreation center and adds access to the competition pool and recreation pools. The agreement also provides for a day pass to the pool at a cost of $6.00 per day for residents ($15.00 for a family that lives in Schertz). The goal is to maximize the benefit to the citizens by extending the license agreement for the Recreation Center and management agreement for the two Outdoor Pools, and entering into a license agreement for the community swimming pool of competition quality and indoor recreation pool. The community will benefit from this new indoor Aquatic Facility containing a community pool of competition quality and a second pool that will, be suitable for a variety of uses as well as experienced proven management of all of tie, facilities. Staff recommends approval of Resolution No. 16 -R -41. Mr. James answered questions from Council regarding the future payments the City will make to the YMCA for operating the aquatic facility arx what the feeslliarges will be to the residents and non - residents who will use the pools. Various councilnoembers provided comments and observations regarding the pools, their associated expenses and services and the economic and quality of life benefits to the community. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 16- -R -41. The vote was 4 -1 -0 with Mayor Pro -Tem Edwards, Councilmembers Fowler, John and Thompson voting for and Councilmember Azzoz voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter reco agenda items 1 throug nests and Ann e actions • New Departmental initiatives No further announcements were made. provided the roll call votes for 9. Future Agenda :"Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council :Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. Mayor Carpenter recognized Councilmember Thompson who requested an update on the repair of street lights on Schertz Parkway from 1H 35 to past Wiederstein at the next meeting. 06 -07 -2016 Minutes Page - 10 - Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated he understands Randolph doesn't have any RV slots at their facility and he asked about the Pecan Grove area that has power to their slots for RV's. Is it possible for the City to acquire that? City Manager John Kessel stated they would have to research that and will then provide the data directly to him. 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see a • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Carpenter recognized Councilmember F following events: • May 10, CVLGC Joint Board Meeting • May 26 & 27, Hog Wild Continuing E • Seminar at First Baptist Church in Uni • May 30, Schertz Veterans Memorial C Mayor Carpenter recognized Counilrr storm, a tree from the city's right -a -w `Thank You' message to Councilmemt were involved in taking care of it: Councilmember Th6 bs'66 also thanked Adjournment Mayor ATTEST: Brenda Dennis, City 06 -07 -2016 Minutes Page - It - below) he attended the n San Marcos Church Security r Thompson whp,stated on May 18 t after a .l dn. Mary Novak °"s property. She later sent a romps n commending the staff members who Letbetter,, ,Carl Quast, and Thomas Brooks. for helnine the resident. Michael Carpenter, Mayor Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: June 1.4, 2016 Department: Public Works /Engineering Subject: Ordinance No. 16 -D -14 Consideration and/or action on approval of Ordinance No. 16 -D -14 amending section 86 -115 of the Code of Ordinances regarding maximum speed limits. Final Reading Public Works and Engineering staff received a request to regulate the speed limit on Ray Corbett Drive. At the time of the request, it was found that a speed limit had never been set for Ray Corbett Drive. The street was accepted by the City in August, 2010, and a speed limit was not added to the City Code of Ordinances. Ray Corbett Drive is a 40 foot wide collector street. Staff recommends that a speed limit of 30 mph be assigned to this collector. City Council approved this on first reading at their meeting of June 7, 2016. FISCAL IMPACT $225.00 for the Corbett Drive Speed Limit signs to be paid using Street Maintenance out of FY 2015 -16 approved budget, contingencies. 101 - 359551600 Staff recommends Council approve final reading of Ordinance No. 16 -D -14. ATTACHMENT Ordinance No. 16 -D -14 City Council Memorandum Page 2 Ray Corbett Drive Exhibit ORDINANCE NO. 16 -D -14 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86 -115, MAXIMUM LIMITS GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1 Section 86 -115 of the Code of Ordinances, City of Schertz, Texas shall be amended to add the following: "Section 86 -115, Maximum limits generally on specific streets" Street Extent Speed Limit Ray Corbett Drive Entire Length 30 MPH SECTION 2 1. All ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are hereby repealed. 2. This Ordinance shall be in force and effect from and after its final passage. [The remainder of this page intentionally left blank.] PASSED AND APPROVED on first reading the '7th day of June, 2016 PASSED AND FINALLY APPROVED on second and final reading the 14th day of June, 2016. Michael R. Carpenter, Mayor 50050608.2 A- I Brenda Dennis, City Secretary [CITY SEAL] 50050608.2 A -2 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: June 14, 2016 Department: Public Works / Engineering Subject: Ordinance No. 16 -D -15 - Providing that the Code of Ordinances for the City of Schertz be amended by revising section 86 -118 — Maximum Limits in School Zones including the school zone for a certain street and providing an effective date Final Reading. BACKGROUND The Schertz Cibolo Universal City Independent School District (SCUCISD) has requested that a school zone on Ray Corbett Drive be established. Currently, a school zone does not exist on on Ray Corbett Drive and is recommended to protect school children and drivers during hours of heavy traffic associated with Ray D. Corbett Junior High School. The school zone on Ray Corbett Drive is recommended to have a reduced speed limit of 20 miles per hour (Item #4 on this agenda is to establish a general speed limit of 30 miles per hour) and to extend from FM 1518 and run 1,800 feet to 250 feet southwest of Alsatian Way. City Council approved this on first reading at their meeting of June 7, 2016. Goal To ensure that school zones are up to date in the City of Schertz, that speed limits in school zones are reflective upon the times that students will be going to and from school to provide for safe travel, and to provide for the proper area needed for school zones. Community Benefit By working cooperatively with the SCUCISD, the City can promote safety for students traveling on city -owned streets and crosswalks. Summary of Recommended Action Recommend approval of final reading of Ordinance No. 16 -D -15. FISCAL IMPACT $ 225.00 for the Corbett Drive School Zone signs to be paid using Street Maintenance out of FY 2015 -16 approved budget, contingencies. 101 - 359551600 �- I 1 Staff recommends approval of Ordinance 1.6 -D -15 on first reading. ATTACHMENT(S) City Council Memorandum Page 2 Ordinance 16 -D -15 Corbett Drive Exhibit AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CITY CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86- 118, MAXIMUM LIMITS IN SCHOOL ZONES, AND PROVIDING AN EFFECTIVE DATE WHEREAS, §542.202 of the Texas Transportation Code provides that local authorities with respect to a highway under its jurisdiction and in the reasonable exercise of the police power can designate school crossing zones; and WHEREAS, §541.302 of the Texas Transportation Code defines a "school crossing zone" as a reduced speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary school or secondary school during the time the reduced speed limit applies; and WHEREAS, the City has received a request from the Schertz- Cibolo Universal City Independent School District (SCUCISD) to designate a school crossing zone on Ray Corbett Drive; and WHEREAS, the City has investigated and determined that it would be advantageous and beneficial to the citizens of the City to amend Section 86 -118 of the Schertz Code of Ordinances as set forth below. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That Section 86 -118 Maximum Limits in School Zones of the Code of Ordinances, on roadways maintained by the City of Schertz, Texas be amended to add the following: "Section 86 -118, Maximum limits in school zones" Street Extent Speed Limit (MPH) Ray Corbett Drive From FM 1518 to 300 feet 20 southwest of Alsation Way Section 2 The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3 All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4 This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5 If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6 It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7 This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Approved on first reading this the 7th day of June 7, 2016. . PASSED, APPROVED, AND ADOPTED on final reading the 14th day of June, 2016. Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: June 14, 2016 Department: Engineering / Public Works Subject: Ordinance No. 16 -D -16 - An Ordinance by the City Council of the City of Schertz, Texas providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising Chapter 86, Article V, Section 86- 149 Parking Prohibited. (Final Reading) BACKGROUND Kramer Farm Subdivision includes a mail kiosk on Tractor Pass between Planters Pass and Wagon Wheel (Exhibit A). Tractor Pass is a local residential street with one travel lane in each direction. Currently there are no off street or designated parking areas for citizens to park their vehicles while they collect their mail. Representatives of the subdivision Home Owners Association (HOA) reported that cars of nearby residents regularly park in front of the kiosk impeding residents' access to the mail kiosk. The HOA requested that the Transportation Safety Advisory Commission (TSAC) consider recommending a restriction of parking in front of the mail kiosk to a five- minute limit. At the regular meeting of the TSAC on April 7, 2016, the Commission discussed this item and recommended to restrict parking in front of the mail kiosk on Tractor Pass. Engineering and Public Works recommend special parking restrictions in front of the kiosk on Tractor Pass, limiting parking to 5 minutes, for the purpose of mail pickup and drop-off. City Council approved this on first reading at their meeting of June 7, 2016. Goal To ensure that residents can access the mail kiosk without obstruction. Community Benefit To provide for access to the mail kiosk for residents. Summary of Recommended Action Recommend approval on first reading to prohibit parking to 5 minutes in front of the mail kiosk on Tractor Pass in the Kramer Farm subdivision. (Exhibit A). FISCAL IMPACT The fiscal impact will be $1.50.00 for no parking signs paid out of FY 2015 -16 approved budget account number 101- 359 - 551600 Street Maintenance. 1� Staff recommends Council approve on final reading Ordinance No. 16 -D -16 to amend Chapter 86, Article V, Section 86 -149 Parking Prohibited of the Code of Ordinances to include the segment of Tractor Pass as shown in Exhibit A. Exhibit A: Kramer Farm mail kiosk 5- Minute Parking Zone (-1.1.0 ft.). ATTACHMENT Ordinance No. 16 -D -16 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 86, ARTICLE V, SECTION 86 -149 PARKING PROHIBITED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been established that parking in front of the mail kiosk on Tractor Pass in the Kramer Farm subdivision be limited to 5 minutes along a length of 110 feet adjacent to the common lot on which the kiosk is located. This short term parking is not covered under Chapter 86, Article V, Section 86 -149 Parking Prohibited of the City Code of Ordinances; and WHEREAS, it is recommended to add this area as shown in Exhibit A to the City Code of Ordinances under Article V, Section 86 -149, Parking Prohibited. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. Chapter 86, Article V, Section 86 -1.49 of the Code of Ordinances, Parking Prohibited by the City of Schertz, Texas is amended to add the following: (a) When signs are erected and/or, when recommended by the City Engineer or the Chief of Police, curb(s) are marked by painting them red with "No Parking" painted in white letters thereon, giving notice thereof, no person shall park a vehicle at any time (or at times as limited) upon any of the following streets or portions thereof. Street Extent Tractor Pass 5 minute only parking along 110 feet adjacent to the common lot on which the mail kiosk is located Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 8. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 7th day of June, 2016. . PASSED, APPROVED AND ADOPTED on final reading the 14th -day of June, 2016. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A -5 Minute Parking along 35 feet in front of mail kiosk on Tractor Pass Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: June 1.4, 2016 Department: Subject: BACKGROUND Administration Cancellation of the July 5, 2016 . City Council meeting City Staff has found there are no items to be presented to Council for action and that the July Stn date falls on the July 4th Holiday Week. It is anticipated a number of staffers, residents and others may be traveling outside the city and unavailable during this time. FISCAL IMPACT RM RECOMMENDATION Staff recommends Council approve the cancellation of the July 5, 2016 . City Council meeting. Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: June 14, 2016 Department: Planning & Community Development Subject: Resolution No. 16 -R -45 - A Resolution by the City of Schertz authorizing expenditures with BB Inspections, totaling no more than $95,000 for building inspection services during the remainder of the 2015 -16 Fiscal Year and other matters in connection therewith. BACKGROUND In an effort to meet citizen needs and department workloads, the City contracted with BB Inspections in July 2015 . for building inspection services. Over the last 11 months the inspection and plan review services provided by BB Inspections has allowed the City the ability to provide a timely inspection and plan review service to citizens and builders. Inspection times have reduced from a 24 hour notice needed to same day inspections. Additionally, residential plan review times have reduced from 30 business days to approximately 5 to 10 business days. To date, the City has spent approximately $50,000 with BB Inspections for this service. The City's practice is to seek authorization from Council when expenditures with a vendor exceed $50,000 in one fiscal year. For the remainder of the Fiscal Year, the Inspections Departments anticipates $45,000 in Inspection and plan review service with BB Inspections. GOAL To obtain authorization from City Council to contract with BB Inspections, to provide building inspections services in an amount not to exceed $95,000. COMMUNITY BENEFIT Provide superior customer service by reducing inspection and review times for citizens and builders. SUMMARY OF RECOMMENDED ACTION Staff recommends that Council authorize Staff to continue to utilize BB Inspections for hourly consulting building inspection services as needed for the remainder of Fiscal Year 2015 -16 in an amount not to exceed $95,000. FISCAL IMPACT Funds (the not to exceed amount of $95,000) for building inspection are budgeted and available. ATTACHMENTS Resolution 16 -R -45 RESOLUTION NO. 16 -R -45 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH BB INSPECTIONS TOTALING NO MORE THAN $95,000.00 FOR BUILDING INSPECTION SERVICES DURING THE REMAINDER OF THE 2015 -2016 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") requires consultant building inspection services; and WHEREAS, City staff has determined that BB Inspections is qualified to provide such services for the City; and WHEREAS, the City has already contracted with BB Inspections for inspections in process or recently completed totaling approximately $50,000; and WHEREAS, the City Council authorizes City Staff to request additional services by BB Inspections to be invoiced in an amount not to exceed $95,000.00 for the remainder of Fiscal Year 2015 -2016. THAT: Section 1. The City Council hereby authorizes expenditures with BB Inspections not to exceed $95,000.00 for the remainder of Fiscal Year 2015 -2016. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 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 14th day of June, 2016 ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: June 14, 2016 Department: Finance Subject: RESOLUTION NO. 16 -R -42- CONSIDERATION AND APPROVAL OF A RESOLUTION AUTHORIZING A NOTICE OF INTENTION TO ISSUE ONE OR MORE SERIES OF CERTIFICATES OF OBLIGATION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS This resolution would allow the City to issue a Notice of Intent to sell Certificates of Obligation in July to provide the remaining funding for the natatorium, to begin the first piece of road repairs identified in the Pavement Condition Analysis, and to provide repairs and renovations to municipal buildings. BACKGROUND First, these certificates would allow the City to fund the last $2 million of the pool. The debt service for this issuance will be partially offset by annual contributions from the YMCA throughout the life of the bond. Second, the certificates would pay for the first $1 million road rehabilitation project that will be identified by the Pavement Condition Analysis. Additional issuances will be planned as the study comes to completion and additional debt capacity is made available. The goal being to prevent an increase in the debt tax rate by issuing smaller amounts over a period of time rather than a large amount up front. Finally, there would also be funds made available to repair and renovate existing municipal buildings. The largest of these projects would be the $650,000 for the YMCA window replacement. This project was approved by Resolution 16 -R -27 and was intended to be funded entirely by a debt issuance. Due to timing issues, payments were planned to be paid from fund balance until the debt could be issued. All expenditures out of fund balance for the project will be returned upon the issuance of the debt. 50077367.2 The remaining $250,000 would be used to renovate municipal buildings that support city operations to accommodate growing staff and changing needs. Areas under consideration include Building #1 Lobby, Building #1 Court, Building #2 Human Resources, Building #2 Mayor's Office, Building #2 Drainage, Community Center Roof, Civic Center office spaces, Fire Station #2, and the Council Chambers. This amount would include design and construction. Not all areas may be considered with this round of funding as the final list is dependent on the price of the design and estimated construction cost of each area. FISCAL IMPACT The authorization of the Notice of Intention Resolution will not have a fiscal impact. The Resolution only alerts the Citizens that the proposed projects will be considered and a Certificate of Obligation will be approved on July 26, 2016. . When the CO's are approved, along with the GO Bond, it is estimated that there will be little to no impact on the I &S Tax Rate. RECOMMENDATION Staff recommends approving the Notice of Intention Resolution, publishing the Notice of Intention, and to authorize the consultants to move forward with the issuance of Certificates of Obligation (along with the General Obligation Bonds) scheduled to sell on July 26th Per our Bond Attorney the below is the specific motion that must be made: `A motion by Councilmember seconded by Councilmember that the City Council Adopt a Notice of Intention Resolution. " ATTACHMENT(S) Notice of Intention Resolution. 50077367.2 RESOLUTION NO. 16 -R -42 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE ONE OR MORE SERIES OF CERTIFICATES OF OBLIGATION; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2 -12; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Schertz, Texas (the City) has determined that it is advisable and necessary to issue and sell one or more series of certificates of obligation (the Certificates) in an amount not to exceed $3,900,000 as provided pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through Section 271.064, for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) designing, constructing, renovating, improving, and equipping a community swimming pool and aquatic facility of competition quality, (2) designing, constructing, renovating, improving, and equipping various facilities located in the City's Municipal. Complex, (3) designing, constructing, renovating, improving, and equipping Fire Station #2, (4) acquiring replacement windows for the City's Recreational Center, (5) constructing street and bridge improvements (including utilities repair, replacement, and relocation), curb, gutters, and sidewalk improvements, including drainage and landscaping incidental thereto, (6) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights -of -way for authorized needs and purposes relating to the aforementioned capital improvements, and (7) the payment of professional services related to the design, construction, project management, and financing of the aforementioned projects; and WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate officials of the City must review and approve the distribution of a "deemed final" preliminary official statement (the Official Statement) in order to comply with the requirements contained in 17 C.F.R. §240.15c2 -12 (the Securities and Exchange Commission Rule); and WHEREAS, based upon their review of the Official Statement, the appropriate officials of the City must find to the best of their knowledge and belief, after reasonable investigation, that the representations of facts pertaining to the City contained in the Official Statement are true and correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the City that would adversely affect the issuance of the Certificates or the City's ability to pay the debt service requirements on the Certificates when due; and WHEREAS, the City Council will comply with the requirements contained in the Securities and Exchange Commission Rule concerning the creation of a contractual obligation between the City and the proposed purchaser(s) of the Certificates (the Purchasers) to provide the Purchasers with an Official Statement in a time and manner that will enable the Purchasers to comply with the distribution requirements and continuing disclosure requirements contained in the Securities and Exchange Commission Rule; and 40559118.6 WHEREAS, the City Council authorizes the Mayor, City Manager, Director of Finance, City Secretary, and the City Attorney, as appropriate, or their designees, to review, approve, and execute any document or certificate in order to allow the City to comply with the requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, prior to the issuance of the Certificates, the City Council is required to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the City, such notice stating (i) the time and place the City Council tentatively proposes to pass the ordinance authorizing the issuance of the Certificates, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the Certificates are to be issued, (iv) and the manner in which the City Council proposes to pay the Certificates; and WHEREAS, the City Council hereby finds and determines that such documents pertaining to the sale of the Certificates should be approved, and the City should proceed with the giving of notice of intention to issue the Certificates in the time, form, and manner provided by law; and WHEREAS, the City Council hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the City; now, therefore, THAT: SECTION 1. The City Secretary is hereby authorized and directed to cause notice to be published of the City Council's intention to issue the Certificates in an amount not to exceed $3,900,000 for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) designing, constructing, renovating, improving, and equipping a community swimming pool and aquatic facility of competition quality, (2) designing, constructing, renovating, improving, and equipping various facilities located in the City's Municipal Complex, (3) designing, constructing, renovating, improving, and equipping Fire Station #2, (4) acquiring replacement windows for the City's Recreational Center, (5) constructing street and bridge improvements (including utilities repair, replacement, and relocation), curb, gutters, and sidewalk improvements, including drainage and landscaping incidental thereto, (6) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights -of -way for authorized needs and purposes relating to the aforementioned capital improvements, and (7) the payment of professional services related to the design, construction, project management, and financing of the aforementioned capital improvements. The Certificates will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and additionally from a pledge of and lien on certain revenues derived from the operation of the City's utility system. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A attached hereto, which notice is incorporated herein by reference as a part of this Resolution for all purposes. SECTION 2. The City Secretary shall cause the notice described in Section 1 to be published in a newspaper of general circulation in the City, once a week for two consecutive 40559118.6 -2- weeks, the date of the first publication shall be at least thirty (30) days prior to the date stated therein for passage of the ordinance authorizing the issuance of the Certificates. SECTION 3. The Mayor, City Manager, Director of Finance, City Secretary, and the City Attorney, as appropriate, or their designees, are authorized to review and approve the Official Statement pertaining to the offering, sale, and issuance of the Certificates and to execute any document or certificate in order to comply with the requirements contained in the Securities and Exchange Commission Rule. SECTION 4. 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 5. All ordinances and 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 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7. 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 8. 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, as amended, Texas Government Code. SECTION 9. This Resolution shall be in force and effect from and after the date of its adoption, and it is so resolved. [The remainder of this page intentionally left blank.] 40559118.6 -3- PASSED AND APPROVED, this the 14th day of June, 2016. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 40559118.6 -4- Exhibit A NOTICE OF INTENTION TO ISSUE CITY OF SCHERTZ, TEXAS CERTIFICATES OF OBLIGATION SERIES 2016A AND 201.6B NOTICE IS HEREBY GIVEN that the City Council of the City of Schertz, Texas will convene at its regular meeting place in the City Hall in Schertz, Texas, at 6:00 o'clock P.M., Schertz, Texas time on July 26, 2016, and, during such meeting, the City Council will consider the passage of an ordinance or ordinances and take such other actions as may be deemed necessary to authorize the issuance of one or more series of certificates of obligation (the interest on which may or may not be taxable under applicable federal law) in an aggregate principal amount not to exceed $3,900,000 for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) designing, constructing, renovating, improving, and equipping a community swimming pool and aquatic facility of competition quality, (2) designing, constructing, renovating, improving, and equipping various facilities located in the City's Municipal. Complex, (3) designing, constructing, renovating, improving, and equipping Fire Station #2, (4) acquiring replacement windows for the City's Recreational Center, (5) constructing street and bridge improvements (including utilities repair, replacement, and relocation), curb, gutters, and sidewalk improvements, including drainage and landscaping incidental thereto, (6) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights -of -way for authorized needs and purposes relating to the aforementioned capital improvements, and (7) the payment of professional services related to the design, construction, project management, and financing of the aforementioned projects. The certificates of obligation (the Certificates) will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and from a lien on and pledge of certain revenues derived by the City from the operation of the City's utility system. The Certificates are to be issued, and this notice is given, under and pursuant to the provisions of the Certificate of Obligation Act of 1971, . as amended, Texas Local Government Code Section 271.041 through Section 271.064, Chapter 1502, as amended, Texas Government Code, and the City's Home Rule Charter. /s/ Brenda Dennis City Secretary, City of Schertz, Texas 40559118.6 A -1 RESOLUTION NO. 16 -R -42 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE ONE OR MORE SERIES OF CERTIFICATES OF OBLIGATION; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2 -12; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Schertz, Texas (the City) has determined that it is advisable and necessary to issue and sell one or more series of certificates of obligation (the Certificates) in an amount not to exceed $3,900,000 as provided pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through Section 271.064, for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) designing, constructing, renovating, improving, and equipping a community swimming pool and aquatic facility of competition quality, (2) designing, constructing, renovating, improving, and equipping various facilities located in the City's Municipal. Complex, (3) designing, constructing, renovating, improving, and equipping Fire Station #2, (4) acquiring replacement windows for the City's Recreational Center, (5) constructing street and bridge improvements (including utilities repair, replacement, and relocation), curb, gutters, and sidewalk improvements, including drainage and landscaping incidental thereto, (6) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights -of -way for authorized needs and purposes relating to the aforementioned capital improvements, and (7) the payment of professional services related to the design, construction, project management, and financing of the aforementioned projects; and WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate officials of the City must review and approve the distribution of a "deemed final" preliminary official statement (the Official Statement) in order to comply with the requirements contained in 17 C.F.R. §240.15c2 -12 (the Securities and Exchange Commission Rule); and WHEREAS, based upon their review of the Official Statement, the appropriate officials of the City must find to the best of their knowledge and belief, after reasonable investigation, that the representations of facts pertaining to the City contained in the Official Statement are true and correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the City that would adversely affect the issuance of the Certificates or the City's ability to pay the debt service requirements on the Certificates when due; and WHEREAS, the City Council will comply with the requirements contained in the Securities and Exchange Commission Rule concerning the creation of a contractual obligation between the City and the proposed purchaser(s) of the Certificates (the Purchasers) to provide the Purchasers with an Official Statement in a time and manner that will enable the Purchasers to comply with the distribution requirements and continuing disclosure requirements contained in the Securities and Exchange Commission Rule; and 40559118.6 WHEREAS, the City Council authorizes the Mayor, City Manager, Director of Finance, City Secretary, and the City Attorney, as appropriate, or their designees, to review, approve, and execute any document or certificate in order to allow the City to comply with the requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, prior to the issuance of the Certificates, the City Council is required to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the City, such notice stating (i) the time and place the City Council tentatively proposes to pass the ordinance authorizing the issuance of the Certificates, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the Certificates are to be issued, (iv) and the manner in which the City Council proposes to pay the Certificates; and WHEREAS, the City Council hereby finds and determines that such documents pertaining to the sale of the Certificates should be approved, and the City should proceed with the giving of notice of intention to issue the Certificates in the time, form, and manner provided by law; and WHEREAS, the City Council hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the City; now, therefore, THAT: SECTION 1. The City Secretary is hereby authorized and directed to cause notice to be published of the City Council's intention to issue the Certificates in an amount not to exceed $3,900,000 for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) designing, constructing, renovating, improving, and equipping a community swimming pool and aquatic facility of competition quality, (2) designing, constructing, renovating, improving, and equipping various facilities located in the City's Municipal Complex, (3) designing, constructing, renovating, improving, and equipping Fire Station #2, (4) acquiring replacement windows for the City's Recreational Center, (5) constructing street and bridge improvements (including utilities repair, replacement, and relocation), curb, gutters, and sidewalk improvements, including drainage and landscaping incidental thereto, (6) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights -of -way for authorized needs and purposes relating to the aforementioned capital improvements, and (7) the payment of professional services related to the design, construction, project management, and financing of the aforementioned capital improvements. The Certificates will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and additionally from a pledge of and lien on certain revenues derived from the operation of the City's utility system. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A attached hereto, which notice is incorporated herein by reference as a part of this Resolution for all purposes. SECTION 2. The City Secretary shall cause the notice described in Section 1 to be published in a newspaper of general circulation in the City, once a week for two consecutive 40559118.6 -2- weeks, the date of the first publication shall be at least thirty (30) days prior to the date stated therein for passage of the ordinance authorizing the issuance of the Certificates. SECTION 3. The Mayor, City Manager, Director of Finance, City Secretary, and the City Attorney, as appropriate, or their designees, are authorized to review and approve the Official Statement pertaining to the offering, sale, and issuance of the Certificates and to execute any document or certificate in order to comply with the requirements contained in the Securities and Exchange Commission Rule. SECTION 4. 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 5. All ordinances and 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 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7. 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 8. 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, as amended, Texas Government Code. SECTION 9. This Resolution shall be in force and effect from and after the date of its adoption, and it is so resolved. [The remainder of this page intentionally left blank.] 40559118.6 -3- PASSED AND APPROVED, this the 14th day of June, 2016. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 40559118.6 -4- Exhibit A NOTICE OF INTENTION TO ISSUE CITY OF SCHERTZ, TEXAS CERTIFICATES OF OBLIGATION SERIES 2016A AND 201.6B NOTICE IS HEREBY GIVEN that the City Council of the City of Schertz, Texas will convene at its regular meeting place in the City Hall in Schertz, Texas, at 6:00 o'clock P.M., Schertz, Texas time on July 26, 2016, and, during such meeting, the City Council will consider the passage of an ordinance or ordinances and take such other actions as may be deemed necessary to authorize the issuance of one or more series of certificates of obligation (the interest on which may or may not be taxable under applicable federal law) in an aggregate principal amount not to exceed $3,900,000 for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) designing, constructing, renovating, improving, and equipping a community swimming pool and aquatic facility of competition quality, (2) designing, constructing, renovating, improving, and equipping various facilities located in the City's Municipal. Complex, (3) designing, constructing, renovating, improving, and equipping Fire Station #2, (4) acquiring replacement windows for the City's Recreational Center, (5) constructing street and bridge improvements (including utilities repair, replacement, and relocation), curb, gutters, and sidewalk improvements, including drainage and landscaping incidental thereto, (6) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights -of -way for authorized needs and purposes relating to the aforementioned capital improvements, and (7) the payment of professional services related to the design, construction, project management, and financing of the aforementioned projects. The certificates of obligation (the Certificates) will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and from a lien on and pledge of certain revenues derived by the City from the operation of the City's utility system. The Certificates are to be issued, and this notice is given, under and pursuant to the provisions of the Certificate of Obligation Act of 1971, . as amended, Texas Local Government Code Section 271.041 through Section 271.064, Chapter 1502, as amended, Texas Government Code, and the City's Home Rule Charter. /s/ Brenda Dennis City Secretary, City of Schertz, Texas 40559118.6 A -1 Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: June 14, 2016 Department: City Manager /Public Works Subject: Resolution 16 -R -43- A Resolution by the City Council of the City of Schertz, Texas authorizing the Schertz Seguin Local Government Corporation (SSLGC) Budget Amendment for Fiscal Year 2015- 16 in the amount of $400,000 in a transfer to the SSLGC Repair/ Replacement Fund, and other matters in connection therewith Schertz /Seguin Local Government Corporation has a Retained Earnings Policy. This policy set a threshold for the minimum retained earnings to be held in the operating fund. This minimum policy was to set at three months operating expenditures. Based upon this policy, there is $400,000 above this threshold available for use, verified by the Annual Audit for FY201.4 -2015. Staff is recommending a transfer to the SSLGC Repair /Replacement Fund in the amount of $400,000 for future projects. The SSLGC Board approve this action at their regularly scheduled board meeting on April 21, 2016. Goal Approve the SSLGC Budget Amendment transferring $400,000 from the operating fund to the SSLGC Repair /Replacement Fund. Community Benefit The City of Schertz is a member of the SSLGC. It is through the SSLGC that the City provides water to its citizens. Approval of the budget amendment will ensure that the citizens of Schertz will continue to receive this vital service. Summary of Recommended Action Staff recommends approval of the Resolution approving the Budget Amendment to the FY2015 -2016 Annual Budget. FISCAL IMPACT No fiscal impact. This budget is based on SSLGC revenue. RECOMMENDATION Staff recommends approval. ATTACHMENT Resolution 16 -R -43 Resolution # SSLGC R16 -04 RESOLUTION NO. 16 -R -43 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION (SSLGC) BUDGET AMENDMENT FOR FISCAL YEAR 2015 -2016 IN THE AMOUNT OF $400,000 AS A TRANSFER TO THE SSLGC REPAIR AND REPLACEMENT FUND, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City approve the Schertz /Seguin Local Government Corporation Fiscal Year 2015 -2016 budget amendment; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the budget amendment to ensure that the citizens and businesses of Schertz continue to receive excellent and vital water service. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the approval of the Schertz /Seguin Local Government Corporation Fiscal Year 2015 -2016 budget amendment. 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 June 2016. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter City Secretary, Brenda Dennis (CITY SEAL) A RESOLUTION AMENDING THE FISCAL YEAR 2016 SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION BUDGET. @r ­r .1�111jrjfr KNO3j=, 111il-1111TAIR 11,1140111tyll IMI11*1111111119 Mills H!iz I Amount Increase: Increase: $400,000 SSLGC-Operating SSLGC-Operating Intragovernmental Transfers Non-Departmental Transfers to Repair & Replacement Fund Use of Retained Earnings 058-9000-826100 058-9800-960000 1,�eason requested: The Corporation has a Retained Earnings policy. This policy set a threshold for Amount Increase: $400,000 Repair and Replacement Fund Intragovernmental Transfers Transfers from Operating Fund 061-391058 pigs Reason requested: The Corporation has a Retained Earnings policy. This policy set a threshold for the PASSED AND ADOPTED BY THE BOARD OF DIRECTORS OLOCAL GOVERNMENT CORPORATION, on this the 2 1 " day of April, 2016. fen Greenwald, President Schertz/Seguin Local Gove ent Corporation OR Bob Pees, Assistant Secretary Agenda No. 9 lei f M40111Ll[eIEd1a10[Q VE110111/lul City Council Meeting: June 14, 2015 Department: Subject: BACKGROUND Engineering Conduct a Public Hearing and Consideration and/or action approving Resolution No. 16- R-44 Authorizing the filing of a petition for injunctive relief to gain necessary access for determining the location of an easement and the future use of the power of eminent domain to acquire easements necessary for the Woman Hollering Creek Wastewater Line Project and other matters in connection therewith. The City of Schertz desires to construct a sanitary sewer system to collect and convey wastewater to the future Cibolo Creek Municipal Authority (CCMA) water reclamation plant to be constructed off of Trainer Hale Road in southern Schertz. On September 29, 2015, City Council authorized approval of a contract with Cobb, Fendley & Associates, Inc., (Cobb Fendley) to provide engineering design services related to the system. An early, critical phase of the design process is on- the - ground data collection including topographic survey, geotechnical sampling, and environmental investigation. The purpose of this phase is twofold. The results of the survey will provide information needed to more specifically define the location of the line and associated necessary permanent and temporary easements in order to minimize any potential adverse impacts. Additionally, the data collected will be used for construction design of the system. In order to gain access to private properties across which the line is expected to be constructed, property owners were contacted by mailed letter in December, 2015, and were asked to grant access via a signed right of entry form. Most affected property owners agreed to grant access but several property owners have either verbally denied or have been unresponsive to requests. (To be clear, the granting of the right of entry does not imply acceptance or agreement to grant an easement across property for construction of the system. It only provides the City access for the purpose of surveying and data collection.) An informational open house meeting was held on January 20, 2016, to which all directly impacted property owners were invited. Individual and smaller group meetings were held at various properties along the project route in February and March, 2016. Public Hearings regarding the project were held by City Council on April 12, May 10, and May 24, 2016. A notice regarding this resolution was sent on June 8, 2016, to property owners who have not yet provided express permission for the City and its contractors to access their property. Goal This Resolution will allow the City to exercise its implied statutory authority to conduct the survey and data gathering activities necessary to define the specific location and design of the Woman Hollering Creek Wastewater Line Project. Community Benefit The project will provide the backbone of a wastewater collection system (an essential service for the community) that will serve an area of 4,653 acres. Surveying and assessing natural features along the general proposed route of the line is critical to the proper planning, design, and construction of the project. Resolution 16 -R -44 directly supports the City's core values of Safe Community and Essential Services while the proper location and construction of the Woman Hollering Creek Wastewater Line project will ultimately contribute to the values of high quality of life, economic prosperity, and fiscal sustainability. FISCAL IMPACT The budget for the Woman Hollering Creek Wastewater Line project includes $210,000 for easement acquisition and contingency (separate from construction contingency). The project is being funded with a combination of Capital Recovery and Certificates of Obligation Funds/Water Revenue. Staff recommends Council approval of Resolution 16 -R -44 ATTACHMENTS Resolution 16 -R -44 Exhibit A — Description of Activities Exhibit B — Project Location WHEREAS, eminent domain proceedings in the State of Texas are governed by Chapter 21 of the Texas Property Code; and WHEREAS, under that code a governmental entity exercising the power of eminent domain must first authorize the initiation of the condemnation proceeding at a public meeting by a record vote adopting a resolution, ordinance, or order; and WHEREAS, to address the ongoing wastewater needs of the City of Schertz, the City is constructing the Woman Hollering Creek Wastewater Line improvements to complete a connection to transfer wastewater to a treatment facility; and WHEREAS, the proposed pipeline improvements will be installed in either existing permanent pipeline easements held by the City or in new permanent easements which will be owned by the City; and WHEREAS, the proposed easements which will be held by the City will be located in a manner to minimize impacts on the properties; and WHEREAS, to facilitate the construction of the pipeline improvements and appurtenances, temporary construction easements will also be obtained adjacent to the permanent easements to provide the Contractor with adequate space for construction activities; and WHEREAS, because this project involves the health safety and welfare of the public, time is of the essence, and the City of Schertz finds it necessary to gain access to certain properties to complete surveying, geotechnical testing, soil sampling, appraisal activities and other necessary activities to determine the best route for the pipeline; and WHEREAS, while many property owners have granted the City access for these activities, some property owners have not granted access; and WHEREAS, it is anticipated that the City will need to obtain an injunction to gain access and then seek further authority from the City Council following a survey to begin the eminent domain process to condemn the temporary and permanent easements for the placement of the pipelines and appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Part 1: That the City of Schertz, Texas is hereby authorized to seek injunctive relief to gain access for the activities listed in Exhibit A, on properties for which express permission has not been granted, for the pipeline project depicted and described in Exhibit B. Part 2. That the City of Schertz finds that to protect the health, safety and welfare of the citizens of the City of Schertz it may use of the power of eminent domain to acquire permanent and temporary easements for the pipeline project depicted and described in Exhibit B for the public purpose of construction of pipelines and appurtenances necessary to transfer wastewater to a treatment facility. Part 3. That the City of Schertz may authorize the use of eminent domain by separate action once the activities listed in Exhibit A are complete and specific easement path has been determined. ADOPTED this day of June, 2016. FWIVIJ #= "I Mayor of Schertz ATTEST: City Secretary APPROVED AS TO FORM: City Attorney DESCRIPTION OF ACTIVITIES THAT MAY BE PERFORMED DURING INVESTIGATION TO DETERMINE LOCATION OF WASTEWATER EASEMENTS Work may include: ® Topographical land surveying ® Identification of surface features ® Geotechnical studies and testing including soil borings with truck- mounted drilling equipment ® Environmental and cultural resource studies and testing including shovel and backhoe testing • Soil and water sampling • Tree limbs and small trees ( <4" diameter) may be cut to establish line of sight necessary for survey ® Temporary fence removal (fences will be replaced to existing condition or better) rl-) OLD ap Ki O 0 0 0 t: O 0 o 0 _m D U) 0 C) 2 IL Jio; Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: June 14, 2016 Department: Economic Development Subject: Ordinance No. 16 -T -17 Consideration and/or action approving an Assignment of the Tax Phase -In Agreement with Corridor Hotel II. LTD (First Reading) 1 ��OI Kei Z11111ZI History: The City of Schertz and Corridor Hotel II, Ltd. (Corridor Hotel) through Ordinance Number 07 -T -28 entered into a Tax Phase -In Agreement for the property located at 5008 Corridor Loop Road. The Agreement was for an eight (8) year period, commencing on January 1, 2008 and expiring on December 31, 2015. On December 17, 2015, Corridor Hotel reported its compliance with the 2015 calendar year. Corridor Hotel has requested to substantiate the agreement to Silverwest -I Schertz (F) LLC. According to Section 10 of the Agreement, the Agreement may be assigned with prior City Council approval. Proposed Action: To authorize the assignment among Corridor Hotel II, LTD to Silverwest -I Schertz(F) LLC. FISCAL IMPACT The agreement has expired so no further fiscal impact would occur to the City. Silverwest -1 Schertz(F) will continue to operate the hotel. STAFF RECOMMENDATION Staff recommends approval of Ordinance 16 -T -17 on first reading. ATTACHMENT(S) Ordinance 16 -T -17 Exhibit A_Ordinance 07 -T -28 Exhibit B_Assignment and Assumption Agreement M A 11 101r.1106 012 1 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ASSIGNMENT AND ASSUMPTION AGREEMENT AMONG CORRIDOR HOTEL 11, LTD., AND SILVERWEST-1 SCHERTZ(F) LLC., AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, under Section 312 of the Texas Property Code allows municipalities to abate ad valorem taxes under specific guidelines and criteria; and WHEREAS, the City of Schertz, Texas established the City of Schertz Guidelines and Criteria for Tax Phase-in and Reinvestment Zones by Ordinance 06-T-06 WHEREAS, by City Ordinance No. 07-T-28, the City of Schertz, Texas (the "City") established a Tax Phase-In Agreement with Corridor Hotel 11, LTD., a property owner in the City of Schertz, ("Agreement") as set forth on Exhibit A; and WHEREAS, Section 10 of the Agreement allows assignment of the Agreement with approval of City Council as reflected in an adopted City Ordinance; and WHERAS, Corridor Hotel 11, LTD., a Texas limited partnership desires to assign the rights, interest, duties and obligations arising under the Agreement and Silverwest-I Schertz(F) LLC., a Delaware limited liability company desire to assume the rights, interest, duties and obligations arising under the Agreement through the Assignment and Assumption Agreement as set forth on Exhibit B; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Assignment and Assumption Agreement as set forth on Exhibit B and ratifies any benefits and obligations by Silverwest-I Schertz(F) LLC. which flow from said Agreement. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All Ordinance, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Ordinance shall be in force and effect from and after its final passage, and it is so resolved. Passed and Approved on First reading on the 14th day of June, 2016. PASSED AND ADOPTED, on Final reading on the day of June, 2016. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) CC 6 -14 -2016 EXHIBIT A ORDINANCE 07 -T -28 Tax Phase -In Agreement Corridor Hotel II, Ltd. A -1 EXHIBIT B G7.Y. 11101 - A -2 I { Xhibit 11, Tax Phase-In Agreement Con-Iclor Hotel , Ltd. THIS ASSIGNMENT AND ASSUMPTION AGREEMENT is effective as of June 4, 2015 (the "Effective Date"), by and among CORRIDOR HOTEL II, LTD., a Texas limited partnership ("Assignor"), and SILVERMTST-I SCHERTZ(F) LLC, a Delaware limited liability company ("Assignee"). 1 164 K4j I %9931141V-1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year stated above by their duty authorized representatives. W oil r� N 914 rAV'r- I OR 1101) U741 0 1 ta 111111 By: Silverwest Manager Fund-I LLC, a Delaware limited liability company, its Manager -.Jif IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year stated above by their duly authorized representatives. Vr4—'1-14flWA0TEL 11, LTD., a Texas limited partnership By: Corridor Hotel 11, GP, LLC, a Texas limited Liability company, General Partner INS STATE OF 1 ) ss. COUNTY OF EMOM '14' in a Declaration of Signage Easement recorded in Volume 2222, Page Official Public Records of Guadalupe County, Texas.