08-30-2016 Agenda with backupCity Council Agenda
REGULAR SESSION CITY COUNCIL
AUGUST 30,2016,6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
C OMMUNITY.SERVICE.OPPORTUNITY
Policy Values
Safe Community
Essential Services
High Quality of Life
Attractive Community
Economic Prosperity
Fiscally Sustainable
Call to Order — City Council Regular Session
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Senior Adult Chaplain Jim Hough, Community Bible Church)
City Events and Announcements
• Announcements of upcoming City Events (B. James/D. Wait /S. Gonzalez)
• Announcements and recognitions by City Manager (J. Kessel)
Presentation
• Presentation and recognition of Planning Certificate of Achievement for 2016. (B. James)
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
08 -30 -2016 Council Agenda
Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak
in the order they have registered.
Consent Agenda Items
The Consent Agenda is considered self - explanatory and will be enacted by the Council with one
motion. There will be no separate discussion of these items unless they are removed from the
Consent Agenda upon the request of the Mayor or a Councilmember.
1. Minutes — Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of August 23, 2016. (J. Kessel /B. Dennis)
2. Ordinance No. 16 -S -27 - Consideration and/or action approving an Ordinance regarding an
amendment of Part III, Schertz Code of Ordinances, Unified Development Code (UDC)
Article 9 Site Design Standards, Article 10 Parking Standards and Article 14 Transportation.
Final Reading (B. James/L. Wood/B. Cox)
3. Ordinance No. 16 -S -28 - ZC2016 -006 - Consideration and /or action approving an
Ordinance on a request to rezone approximately 14 acres of land generally located 705
feet west of the intersection of FM 482 and Hubertus Road, from Manufacturing District,
Light (M -1) to Agricultural District (AD). The property is specifically described as 13.17
acres out of the Rafael Garza Survey No. 98, Abstract No. 175, City of Schertz, Comal
County, Texas. Final Reading (B. James /L. Wood/B. Cox)
Discussion and Action Items
4. Resolution No. 16 -R -69 — Consideration and/or action approving a Resolution authorizing
the City Manager to enter into an Interlocal Agreement between the City of Schertz, the City
of Seguin and the Schertz Seguin Local Government Corporation outlining the cost
allocation methods for repaying debt associated with two expansion projects of the Schertz
Sequin Local Government Corporation. (D. Wait /D. Wait)
5. Resolution No. 16 -R -65 — Consideration and approval by the City Council of the City of
Schertz, Texas (A) approving resolutions previously adopted by the Board of Directors of
the Schertz /Seguin Local Government Corporation (1) authorizing the request of financial
assistance from the Texas Water Development Board through an application for State Water
Implementation Fund for Texas and Board participation programs for the purpose of
planning, designing, and constructing utility system improvements to assist in the
implementation of the state water plan; ratifying such application as well as the terms and
conditions set forth therein; and acknowledging the application's submission to the Texas
Water Development Board; and (2) approving the execution of respective financing
agreements pertaining to the State Water Implementation Fund for Texas and Board
participation programs and a Master Agreement pertaining to the Board participation
program by the Board of Directors of the Schertz /Seguin Local Government Corporation
and authorizing the Mayor and City Secretary of the City of Schertz, Texas to execute on
behalf of the City of Schertz, Texas any and all necessary documents and certificates; (b)
ratifying, reconfirming, and readopting the provisions of a Regional Water Supply Contract
executed between the City of Schertz, Texas, the City of Seguin, Texas, and the
08 -30 -2016 City Council Agenda Page - 2 -
Schertz /Seguin Local Government Corporation; and (c) approving other matters in
connection therewith; and providing an effective date. (D. Wait /A. Cockerell/M.
McLiney /A. Freedman)
6. Resolution No. 16 -R -70 — Consideration and/or action approving a Resolution authorizing
the signing of a Letter of Permission for BCFS Health and Human Services Emergency
Management Division to acquire a Texas Department of State Health Services EMS
Provider License.. (D. Wait /D. Wait)
7. Ordinance No. 16 -S -31 — Conduct a public hearing and consideration and/or action
PH approving an Ordinance imposing a moratorium on property development due to a need to
prevent a shortage of essential public facilities generally in the area from IH -10 to
approximately 2,000 feet North of Lower Seguin Road between FM 1518 and the western
boundary of the City Limits. Final Reading (B. James/B. James)
8. Public Hearing on Proposed Budget for FY 2016 -17 — Conduct a public hearing and
consideration and /or action regarding the adoption of the FY 2016 -17 Budget. (Second
PH required public hearing) (J. Kessel /J. Walters)
Ordinance No. 16 -T -29 — Consideration and/or action approving an Ordinance on the
proposed FY2016 -17 Budget. First Reading (J. Kessel /J. Walters)
9. Public Hearing on Proposed Tax Rate — Conduct a public hearing and consideration
PH and/or action regarding the adoption of the FY 2016 -17 Tax Rate. (Second required public
hearing) Q. Kessel /J. Walters)
Ordinance No. 16 -T -30 — Consideration and/or action approving an Ordinance on the
proposed FY 2016 -17 Tax Rate. First Reading (J. Kessel /J. Walters)
Roll Call Vote Confirmation
Requests and Announcements
10. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
11. Future Agenda Item Request for City Council: This is an opportunity for City Council
members to request that items be placed on a future agenda. No discussion of the merits of
the item may be taken at this time. Should a Council Member oppose placement of the
requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the
consensus of the other City Council members to place or not place the item on a future
agenda.
08 -30 -2016 City Council Agenda Page - 3 -
12. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
Adjournment
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 26th DAY OF AUGUST, 2016 AT 4:40 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.
P>revuda pev k.,s
Orenda 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. Ifyou require special assistance or have a request for sign interpretative services or
other services please call 210 - 619 -1030.
The City Council for the City of Schertz reserves the right to adjourn into executive session at any
time during the course of this meeting to discuss any of the matters listed above, as authorized by the
Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal
counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a
written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental
body and constitutes an opinion by the attorney that the items discussed therein may be legally
discussed in the closed portion of the meeting considering available opinions of a court of record and
opinions of the Texas Attorney General known to the attorney. This provision has been added to this
agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter
551.144(c) and the meeting is conducted by all participants in reliance on this opinion.
08 -30 -2016 City Council Agenda Page - 4 -
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
08 -30 -2016 City Council Agenda Page - 5 -
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: August 30, 2016
Department:
Subject:
BACKGROUND
City Secretary
Minutes
The City Council held a Regular Meeting on August 23, 2016.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the Regular Meeting of August 23, 2016.
ATTACHMENTS
Regular Meeting of August 23, 2016.
MINUTES
REGULAR MEETING
August 23, 2016
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 23,
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
Councilmember Jim Fowler
Councilmember Daryl John
Mayor Pro -Tem Cedric Edwards
Councilmember Grumpy Azzoz
Councilmember Robin Thompson
Staff Present: City Manager John Kessel
Executive Director Brian James Executive Director Dudley Wait
City Attorney Charles Zech City Secretary Brenda Dennis
Call to Order — City Council Regular Session *4
Mayor Carpenter called the meeting to order at 6:05 p.m.
Opening Praver and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Councilmember Azzoz)
Councilmember Azzoz provided the opening prayer followed by the pledges of allegiance to the flags
of the United States and the State of Texas.
Mayor Carpenter welcomed and recognized Drew rber and Daniel Krauss, Boy Scouts from Troop
No. 51 who were here this evening working on t eir Communications Merit Badge. Mayor and
Council welcomed them. s
City Events and Announcements
-, ouncements of upcoming City Events (B. James /D. Wait /S. Gonzalez)
Mayor Carpenter recognized Executive Director Dudley Wait who provided the following
announcements:
• Wednesday, August 24, The Bank of San Antonio Ribbon Cutting, 17115 IH -35,
10:00 a.m.
• Friday, August 26, Coffee with The Chamber (sponsored by Chick fil -A), 1730
Schertz Pkwy, 7:30 -9:30 a.m.
• Friday, August 26, 8:30 a.m., Drawing for Place on the November 8, 2016 ballot,
Administrative Building #2, Administrative Conference room.
Tuesday, August 30, 2016, is a regular Council meeting.
• Wednesday, August 31, Blood Drive, City Hall Parking Lot, 8 -11:30 a.m.
• Monday, September 5, City Offices will be closed due to the Labor Day Holiday.
08 -23 -2016 Minutes page - i -
Note: Filing for a place on the ballot continues through Thursday, August 25, 2016 until 5:00
p.m. for the Special Election (Councilmember Place 3). For more information, go to
www.schertz.com and click on the Election Banner.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated he wanted to brag on City
Municipal Court Director, Patti Veliz who recently earned her Certification from the Institute
of Court Management. This is a very prestigious award offered in the United States, Puerto
Rico, Canada and the Virgin Islands. There are only 500 professionals from all those
countries who have this award and now she is one of them. He knows she worked very hard
on this and he congratulated her on her achievement.
Hearing of Residents N
Mayor Carpenter recognized the following individuals spoke:
• Ms. Maggie Titterington, The Chamber"" resident who provided information regarding the
past and upcoming Chamber Events. Ms. Titterington stated that the Senior Disco Dance
last Friday was a huge success and thanked all those who attended. Ms. Titterington
provided the following announcements:
September 21, 2016 — Biz Ed Seminar — Thriving in the People Business,
8:00 a.m. to 11:30 a.m. Schertz Civic Center.
October 12, 2016, Meet the Candidates 6:00 p.m. to 7:00 p.m., Schertz
Civic Center, event sponsored by Randolph Brooks and the moderator will
be Tim Brown.
• Mr. Rick Eads, 5523 Cypress Point, who spoke on our parks in Schertz and the need for
the Parks Department to have the appropriate equipment to maintain them.
• Mr. Jim Hough, 5133 Blackhorse, who addressed the Council regarding drainage issues
and flooding due to heavy rains in the Fairway Ridge Neighborhood. He provided copies
to council of a partial petition from the neighborhood to address the issues. Mr. Hough
thanked the City Manager, Engineering and Environment Health Manager for coming out
and looking at the situation.
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 August 9, 2016. (J. Kessel/B. Dennis)
2. Excused Council Absences — Consideration and/or action excusing City Council Member
absences for the following date: August 9, 2016. (B. Dennis /Mayor /Council)
08 -23 -2016 Minutes page - 2 -
3. Appointments /Reappointments and Resignations to the various City Boards,
Commissions and Committees — Consideration and /or action regarding ratifying the
resignations of Mr. Larry Franklin and Ms. Debbie Perrone and the appointment of Mr. Roy
Ragsdale and Mr. John Sullivan to the Transportation Safety Advisory Board.
(Mayor /Council/B. Dennis)
4. Resolution No. 16 -R -66 — Consideration and /or action approving a Resolution authorizing a
contract with Icon Enterprises, Inc., dba CivicPlus for Website Migration and Hosting
services. (B. James/M. Clauser)
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Fowler to approve consent agenda items 1 -4. The vote was unanimous with
Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting
for and no one voting no. Motion passed.
Discussion and Action Items
5. Public Hearing on Proposed Budget for FY 2016 -17 — Conduct a public hearing regarding
the adoption of the FY 2016 -17 Budget. (First required public hearing) (J. Kessel /J. Walters)
PH
Mayor Carpenter recognized Assistant Finance Director James Walters who stated in
accordance with Section 102.006 of the Texas Local Government Code the City Council must
hold a public hearing on the proposed budget for FY 2016 -17.
Mr. Walters provided werPoint presentation with the following highlights:
RECENT BUDGET PRESENTATONS:
• 3 Community Presentations
August 1 lth — Corbet Jr. High
- August 17th — North Community Center
August 18th — Schertz United Methodist
•, Budget Workshop
- Auiestions ust 9th — Council Chambers
or requests for more information see him in the staff room in the back after
blie hearing.
ALL FUNDS — REVENUES
General Fund $28,524,850
Special Events Fund 130,350
PEG Fund 113,300
Water & Sewer Fund 20,594,058
EMS Fund 9,044,267
Drainage Fund 1,148,200
08 -23 -2016 Minutes Page - 3 -
Hotel Tax
Park Fund
Tree Mitigation
Capital Recovery Water
Capital Recovery Sewer
I &S Fund
Other Funds
SEDC
Grand Total
ALL FUNDS — EXPENSES
General Fund
Special Events Fund
PEG Fund
Water & Sewer
EMS Fund
Drainage Fund
Hotel Tax
Park Fund,
Tree Mitigation
Capital Recovery Water
Capital Recovery Sewer
I &S Fund
Other Funds
0
611,452
185,000
142,000
1,040,600
h ?s 5nn
8,928,351
1,122,764
08 -23 -2016 Minutes Page - 4
260,995
185,000
142,000
156,000
235,500
6,614,581
33,750
SEDC
Grand Total
NEW EMPLOYEES
2,062,617
$69,071,863
• 3 Firefighters for Station 3 (approved August 2nd)
• 3 Police Officers
• 2 Paramedics
• 1 IT Employee
• Make a Seasonal Park Worker regular Part
• Make a Part Time Facilities Technician Fu
CHANGE MEMO
• General Fund:
-All of the 4.9% Health Insurance increase
- Vehicle for New Patrol Officer
- Replace Police Cameras
- Additional Funding for the Junior Fire Academy
- Making a Seasonal Park Worker a Regular Part Time employee
- Additional Funding for Library Materials
- Moving a Facilities Technician I from Part Time to Full Time
• Parkland Dedication:
- Additional Funding to cover the Playscape Restroom Project
GENERAL
Revenues
$28,524,850
Expenditure
28,516,699
Increase of Fund BalanN
8,151
Beginning Fund Balance
9,295,054
Use of Vehicle Replacement
- 43,278
Ending Fund Balance
9,259,927
25% Reserve Policy
$7,105,737
2016 — 5 YEAR FORECAST
FY2016 FY2017 FY2018 FY2019 FY2020 FY2021
Revenue 26,523,587 28,481,572 29,658,342 30,808,595 32,017,014 33,456,752
Expense 25,293,887 28,516,669 29,837,859 30,719,131 31,752,872 32,883,265
08 -23 -2016 Minutes page - 5 -
Reserve
Funding
M &O Fund
Balance
25% Goal
1,229,700 (35,127) (179,517) 89,464 264,141 573,487
9,294,904
9,259,777
9,080,260
9,169,724
9,433,865
10,007,352
6,233,322
7,105,737
7,435,715
7,676,033
7,913,218
8,182,066
Over /Under 3,061,582 2,154,040 1,644,545 1,493,691 1,520,647 1,825,286
A
Mr. Walters announced that the second public hearing and first vote will be held on Tuesday,
August 30, 2016.
Mayor Carpenter opened the public hearing and recognized the following who spoke:
• Mr. Daniel Plant, 4720 Windy Woods Trail who spoke on the need for more police
officers.
As no one else spoke, Mayor Carpenter closed the public hearing for Council comments.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked if the City had gone out to
check insurance/benefit rates with other companies this year. In response, Mr. Walters stated
that we broker with BDI who supplied us with the updated information regarding the
insurance rate increases; he is unaware that we went out for competitive bids this year but will
check on it and get that information to Mayor Pro-Tern Edwards. Mayor Pro-Tern Edwards
stated that Mr. Walters could email him the information.
6. Public Hearing on Proposed Tax Rate — Conduct a public hearing regarding the adoption of
the FY 2016 -17 Tax Rate. (First required public hearing) (J. Kessel/J. Walters)
PH
Mayor Carpenter recognized Assistant Finance Director James Walters who stated at the
August 9, 2016 regular session the City Council, by record vote, established a proposed
preliminary maximum tax rate of $0.4911, per $100 of value, with the M &O rate at $0.3168
and the I &S portion of $0.1743. The proposed rate is not subject to rollback.
In accordance with Chapter 26.05(d) of the State's Property Tax Code, a governing body must
hold 2 public hearings on the tax rate if the proposed tax rate exceeds the lower of the
Effective or Rollback Tax Rate. In this case the hearings are required as the proposed rate
exceeds the effective rate.
The first required public hearing will be at the August 23, 2016 regular session. The second
required public hearing will be conducted at the August 30, 2016 regular session.
08 -23 -2016 Minutes Page - 6 -
During the final tax rate adoption process Council can approve a lower rate at that time,
however they will not be able to approve a rate higher than this without republishing the
notices and holding additional public hearings. Due to timing constraints set by the State Tax
Code 26.05(a), the latest council could set a new preliminary rate is August 30, 2016 without
calling special meetings.
The proposed maximum rate maintains quality service to residents and businesses and
provides growth in service offerings based on input staff received from Citizens and Council
from Retreats, Community Meetings, and elections. The current property tax rate is $0.4911
per $100 valuation. The proposed maximum tax rate will remain the same at $0.4911 per $100
valuation. The M &O portion of the property tax rate will increase to $0.3168 from $0.3159
per $100 valuation. The I &S portion will decrease to $0.1743 from $0.1752 per $100
valuation. Mr. Walters provided a PowerPoint with the following information:
Tax Rate:
Effective:
Rollback:
Current:
t
Proposed
Is a calculated rated that would provide the
taxing unit with about the same amount of
revenue it received in the year before on
properties taxed in both years.
Is a calculated maximum rate allowed by law
without voter approval.
r"
The rate currently adopted by the City.
The maximum rate set at which the final adopted
rate cannot exceed.
Effective: $0.48
Rollback: $0.5080
Current: $0.4911
Proposed Max: $0.4911 C= Proposed budget is balanced at this rate
$0.01 is equal to $325,598 revenue or $20.00 on the average Home.
Target Tax Rate:
Tax
Current
Proposed
Rate
Maximum
M &O
$0.3159
$0.3168
I &S
$0.1752
$0.1743
Total
$0.4911
$0.4911
FY2015 -16 City Tax Rate:
08 -23 -2016 Minutes page - 7 -
For day to day operations
To pay the City's debt
• At $0.4911 —
Existing residents average tax bill:
2015 Tax Bill = $913.45 Avg Home Value $186,000
2016 Tax Bill = $934.32 Avg Home Value $190,250
Increase =$ 20.87
New Residents Average Tax Bill 2016 Tax Bill = $982.20 Home value of
$200.000
2016 Property Taxes
3.00
2.50
2.00
1.50
IR
0.50
M IR
Guadalupe Comal
08 -23 -2016 Minutes Page - 8 -
Bexar
❑ SA River Auth
❑ Univ Health
System
❑ Road
■ College
■ County
a School
❑ City of Schertz
Public Hearing Dates:
August 23, 2016 and August 30, 2016.
Mr. Walters provided the following information regarding the Budget Calendar for
FY2016 -17:
August 5 File with City Secretary
August 9 Budget Workshop, set the preliminary tax rate, and schedule public hearings
August 11 First Community Budget presentation — Corbett Jr. High School
August 17 Second Community Budget presentation — North Community Center
August 18 Third Community Budget presentation — Schertz United Methodist Church
August 23 First Public Hearing
August 30 Second Public Hearing and first vote
September 6 Second vote
October 1 Budget goes into effect
Mayor Carpenter opened the public hearing and recognized the following who spoke:
• Mr. Jeff Womack, 2944 Mineral Springs, who thanked staff and city officials for hosting
the three Community Budget meetings, indicating that citizens should get involved in
these meetings as they were very informative in knowing the process.
As no one else spoke, Mayor Carpenter closed the public hearing for Council comments. No
comments were provided. 1 law
7. Ordinance No. 16 -S -31 — Conduct a Public Hearing and consideration and /or action
PH approving an Ordinance imposing a moratorium on property development due to a need to
prevent a shortage of essential public facilities generally in the area from IH -10 to
approximately 2,000 feet North of Lower Seguin Road between FM 1518 and the western
boundary of the City Limits. First Reading (B. James /B. James)
The following was read into record:
*rRDINANCE NO. 16 -S -31 1%
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
IMPOSING A MORATORIUM ON BOTH RESIDENTIAL AND COMMERICAL
PROPERTY DEVELOPMENT DUE TO A NEED TO PREVENT A SHORTAGE OF
ESSENTIAL PUBLIC FACILITIES GENERALLY IN THE AREA FROM IH -10 TO
APPROXIMATELY 2,000 FEET NORTH OF LOWER SEGUIN ROAD BETWEEN
FM 1518 AND THE WESTERN BOUNDARY OF THE CITY LIMITS PROVIDING
A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
Mayor Carpenter recognized Executive Director Brian James who introduced this items
stating the Texas Local Government Code, Section 212 Subchapter E Moratorium on Property
Development provides that in certain circumstances cities may impose a moratorium on
08 -23 -2016 Minutes Page - 9 -
property development in the event that there exists a demonstrated need to prevent a shortage
of essential public facilities or a significant need for public facilities. In order to impose a
moratorium certain notice and public hearing requirements must be met within a specified
time frame. The imposition of the moratorium is based on written findings that provide
evidence demonstrating the extent of the need beyond the estimated capacity of existing
essential public facilities or a significant need for public facilities that is expected to result
from new property development.
As City Council is aware the City of Schertz is experiencing tremendous growth in southern
Schertz. Much of this area is located in the flight path of Joint Base San Antonio Randolph.
Base operations present unique hazards as are outlined in the 2015 Joint Base San Antonio
Randolph Land Use Study especially considering the bird strike hazard which Council
adopted per Resolution 15 -R -96 that includes strategies and timeframes to mitigate these
hazards. While the City is in process of planning for a Fire Station #3 in this area, the
particular hazards from JBSA Randolph necessitate additional measures to ensure this hazard
is mitigated. These hazards associated with JBSA Randolph operations and existing
development patterns create a significant need for public facilities, in particular fire facilities.
A failure to provide these facilities given the current land uses, zoning, and land use
designations coupled with Base operations would result in an overcapacity of these facilities
that are detrimental to the health, safety, and welfare of residents of Schertz.
In order to impose the moratorium, Council must hold this public hearing, a public hearing
must be held at the Planning and Zoning Commission on August 24, and again at City Council
on August 30. This will allow the imposition of a moratorium for up to 120 days while the
City works to alleviate the problem of a lack of capacity of fire facilities in this area. Staff
recommends that Council approve Ordinance No. 16 -S -31 on first reading.
Mayor Carpenter opened the public hearing and recognized the following who spoke:
• Col. Mike Snell, 12th Flying Wing Randolph who on behalf of Col. Kerry read a prepared
statement in favor of this item siting specifics.
As no one else spoke, Mayor Carpenter closed the public hearing for Council comments.
Councilmembers provided their opinions and thoughts regarding this need addressing various
questions to Mr. James..
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Fowler to approve Ordinance No. 16 -S -31, 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.
8. Ordinance No. 16 -S -28 - ZC2016 -006 - Conduct a Public Hearing and consideration and /or
PH action approving an Ordinance on a request to rezone approximately 14 acres of land
generally located 705 feet west of the intersection of FM 482 and Hubertus Road, from
Manufacturing District, Light (M -1) to Agricultural District (AD). The property is
specifically described as 13.17 acres out of the Rafael Garza Survey No. 98, Abstract No.
175, City of Schertz, Comal County, Texas. First Reading (B. James /L. Wood/B. Cox)
The following was read into record:
08 -23 -2016 Minutes page -10 -
ORDINANCE NO. 16 -S -28
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 14
ACRES OF LAND FROM MANUFACTURING DISTRICT, LIGHT (M -1) TO
AGRICULTURAL DISTRICT (AD).
Mayor Carpenter recognized Planner 1, Channary Gould who stated CMH Homes, Inc. is
requesting to rezone approximately 14 acres of land from Manufacturing District, Light (M -1)
to Agricultural District (AD). They have indicated they plan to subdivide the property to
create two buildable lots. The property is currently vacant and undeveloped.
The public hearing notice was published in "The Daily Commercial Recorder" on August 1,
2016 and the "Herald" on August 3, 2016. Nine (9) public hearing notices were mailed to
surrounding property owners within two hundred (200) feet of the subject property on July 15,
2016, prior to the Planning and Zoning Commission meeting on July 27, 2016. At the time of
this report being prepared, Staff received one (1) response in Qvor of the request.
Staff reviewed the request for conformance with the Comprehensive Land Plan and the
Schertz Sector Plan. The Sector Plan amendment to the Comprehensive Land Use Plan
(CLUP) designates the subject property as Agricultural Conservation which is intended to
preserve a rural /agricultural state. The Sector Plan recommends one of the character - defining
elements for the Agricultural Conservation designation as residential and agricultural large -
lots that are at least five (5) acres in lot size.
• Comprehensive Land Plan Goals and Objectives: The proposed re- zoning request is in
conformance with the goals and objectives of the Comprehensive Land Plan for this
area. The proposed Agricultural District zone states that it is intended as a base zoning
district in areas designated as Agricultural Conservation on the future land use map of
the North and South Schertz Sector Plan.
Impact on Infrastructure: The proposed zoning request should have a minimal impact
on the existing and planned water and wastewater systems. The project is within the
Green Valley Special Utility District's service area and the applicant is proposing
onsite sewer system facilities for the two proposed lots.
�r.
• Impact on Public Facilities /Services: The proposed rezoning request should have a
minimal impact on public services, such as schools, fire, police, parks and sanitation
services since the area the subject property is located in is currently predominantly
rural in nature.
• Compatibility with Existing and Potential Adjacent Land Uses: The subject property
is predominately surrounded by undeveloped land and existing rural single - family
residential uses. The proposed rezoning is compatible with the existing adjacent land
uses.
08 -23 -2016 Minutes Page - 11 -
Mayor Carpenter opened the public hearing and as no one spoke, closed the public hearing for
Council comments. No further comments were provided.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor
Pro -Tern Edwards to approve Ordinance No. 16 -S -28, 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.
9. Ordinance No. 16 -S -25 — Conduct a Public Hearing and consideration and/or action
approving an Ordinance on request to rezone approximately 11 acres of land generally
PH located 125 feet south of the intersection of FM 3009 and Wiederstein Road, from Single -
Family Residential -1 (R -1) to Planned Development District (PDD). The property is
specifically described as 10.689 acres out of the Toribio Herrera Survey No. 68, City of
Schertz, Guadalupe County, Texas. First Reading (B. James /L. Wood /B. Cox)
The following was read into record:
ORDINANCE �0. 16 -S -25
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 11
ACRES OF LAND FROM SINGLE - FAMILY RESIDENTIAL DISTRICT -1 (R -1) TO
PLANNED DEVELOPMENT DISTRICT (PDD).
Mayor Carpenter recognized Senior Planner Bryce Cox who stated RA Schertz Development,
LP is requesting to rezone approximately 11 acres of land from Single - Family Residential
District -1 (R -1) to Planned Development District (PDD) in order to develop a commercial lot
and a multi- family apartment complex. The property is generally located 125 feet south of the
intersection of FM 3009 and Wiederstein Road.
The proposed zoning consists of a commercial portion adjacent to FM 3009 and multi - family
between behind the commercial. The commercial portion is proposed with a base zoning of
General Business (GB) with modifications to the permitted land uses to remove 21 uses as
described in the development standards. The multi - family portion is proposed with a base
zoning district of Apartment /Multi - Family Residential District (R -4) with amendments to
decrease the lot width, decrease the maximum allowable height and restrict the maximum
number of units to 96.
The PDD also provides for some specific development standards. The following summary
highlights some of the significant modifications to the requirements of the Unified
Development Code (UDC). Please review the PDD design standards to view all
modifications:
1. The multi - family lot will provide a 40 -foot landscape buffer and the masonry fencing
as shown on the site plan between the multifamily lot and the neighboring single -
family residential district to the West (rear) of the PDD.
08 -23 -2016 Minutes Page -12 -
2. The multi - family lot will provide the masonry fencing as shown on the site plan
between the multi - family lot and the parkland dedication in the northwest corner and
north side of the PDD.
The multifamily lot will provide a 30 -foot landscape buffer and the masonry fencing to
the extent of what is shown on the site plan between the multi - family lot and the
neighboring single - family residential district to the South (side) of the PDD.
4. All lots in the PDD will follow the provision of the current Bexar County Dark Sky
ordinance.
5. The minimum tree preservation requirement will be reduced to 15 %.
6. The minimum parking ratio for the multi- family lot will be 2 parking spaces per unit.
The public hearing notice was published in "The Daily Commercial Recorder" on August 5,
2016 and the "Herald" on August 10, 2016. Twenty -three (23) public hearing notices were
mailed to surrounding property owners within two hundred (200) feet of the subject property
on June 30, 2016. Staff has received 2 property owner responses in favor of the request, 1
property owner response neutral to the request, and 13 property owner responses opposed to
the request from the area within the 200 foot notification boundary.
Written opposition to the rezoning request has been received by property owners of more than
20% of the land area within the notification boundary constituting a written protest under
Local Government Code §211.006(d). As such, to approve the request at least three - fourths
(3/4) of the City Council must have an affirmative vote.
A total of 4 responses have been received in favor of the request. A total of 406 people have
submitted responses opposed to the request, including a petition received on June 21, 2016
containing 400 individual signatures. Additionally, 1 response neutral to the request has been
received. -
A public hearing was held at the July 13, 2016 Planning and Zoning Commission Meeting. A
total of 33 people spoke during the hearing, 9 in favor of the rezoning and 24 opposed to the
rezoning. The comments generally made in favor of the request were:
• The community needs more affordable housing for seniors and low income
• 10 to 15 year wait list on existing affordable housing for seniors
• Growth is coming to Schertz and the community needs to accept that
• This is an appropriate use for the site
The comments generally made opposed to the request were:
• Concerns with increased traffic
• Concerned that multifamily will decrease surrounding property values
• This project will hurt the natural resources in the area
• Concerns that the property will not be well maintained
• The development would add to the overcrowding of schools
08 -23 -2016 Minutes page - 13 -
• Concerns with neighborhood safety /security and increased crime
• Concerns about wildlife and tree removal
• Concerns with storm water runoff and drainage
• Lack of daycare facilities for the potential apartment residents
The Comprehensive Land Plan identifies this area as single - family residential land use
characteristic which is defined as conventional detached dwellings. For areas proposed to
utilize a traditional neighborhood design, the single - family residential use may include a mix
of residential uses as well as limited commercial development to support the daily activities of
the development. In all single - family residential use areas, public and semi - public
development such as schools and churches are encouraged as neighborhood focal points.
By contrast, the Comprehensive Land Plan provides for a specific Multi- Family land use
characteristic in central Schertz which is generally located along Schertz Parkway between
Live Oak Road and Curtis Avenue as well as the intersection of Elbel Road and FM 3009.
These areas designated as the Multi- Family land use characteristic are most appropriate for
apartment and multi - family development in central Schertz.
The Comprehensive Land Plan provides land use policies to be utilized iii implementing
goals, objectives and actions, and in reviewing zoning classification changes, variance
requests or amendments to the Future Land Use Plan. As described in these policies,
compatibility with existing uses should be maintained. Predominately the surrounding land
uses to the subject property are large lot single- family residential (R -1) to the south and
medium lot single - family residential (PDD) to the west. The existing zoning on the subject
property of Single - Family Residential District -1 (R -1) is the most compatible land use for the
subject property and is supported by the Comprehensive Land Plan.
The abutting large lot subdivision to the south and similar sites near this property on FM
3009, are currently developed with single - family residential adjacent to low intensity
commercial or adjacent to FM 3009. The adjacency of these uses has not created a negative
impact and does not require a transition use between the single - family residential and the low
intensity commercial use or the FM 3009 roadway. There is no need to transition from single -
family residential to the FM 3009 roadway or the limited commercial development supported
by the Comprehensive Land Plan in this area.
It is the opinion of Staff that this area is appropriately zoned as Single - Family Residential
District -1 (R -1) which is supported by the "single- family residential" land use designation
from the Comprehensive Land Plan. Staff recommends denial of this rezoning request. The
Planning and Zoning Commission conducted public hearings on July 13, 2016 and offered a
recommendation of disapproval by a majority vote of 6 opposed and 1 abstention. Staff
recommends disapproval of the zoning request.
Mayor Carpenter recognized Ms. Kim Murphy, representative for Royal American
Development and Mr. Reed Wilson who provided a PowerPoint presentation regarding the
proposed project.
Mayor Carpenter opened the public hearing and recognized the following who spoke against
the rezone:
08 -23 -2016 Minutes page - 14 -
• Mr. Dean Weirtz, 4301 Monument Pass. Mr. Weirtz also presented Council with an
original petition for denial that was presented earlier to the Planning & Zoning
Commission.
• Mr. George Parker, 4517 Ridge Canyon Drive
• Ms. Shirley Tayler, 1112 Fawn Drive
• Ms. Debbie Kyrouac, 941 Forest Ridge Pkwy
• Ms. Cindi Broschat 1405 Circle Oak Drive
• Ms. Alice Pfeiffer, 4490 Brush Creek Dr.
• Mr. Jon Long, 6073 Covers Cove
• Mr. Eric Beam, 570 American Flag
• Ms. Barbara, Mansfield Gonzalez, 1012 Antler Drive
• Ms. Leigh Anna Murphy, 4505 West Fork Drive
• Mr. Michael Brown, 4516 Grand Forest Drive
• Mr. Michael Boyd, 905 Blue Forest Drive
• Mr. Kevin Polo, 4490 Brush Creek Drive
• Mr. Daniel Plant, 4720 Windy Woods T i
• Mr. Jeff Womack, 2944 Mineral Springs
• Mr. Al Rix, 4504 Union Creek Drive
• Mr. Tim Morgan, 1116 Fawn Drive
• Mr. George Antuna, 3636 Woodlawn Farms
• Mr. Scott Larson, 312 Judith Ann Drive
• Mr. Glen Outlaw, 3729 Forsyth Park, against the rezoning but not affordable housing
• Mr. Mark Armantrout, 956 Blue Forest Drive
• Mr. David Richmond, 2921 Bent Tree Drive
• Mr. Bert Crawford, 4100 Brookhollow Drive
Mayor Carpenter recognized the following who spoke in favor of this item:
• Ms. Melissa Dugas, Regional Vice - President for Royal American Development, 600
E. Colonial Drive, Orlando, Florida
• Ms. Kim Murphy, Royal American Development, 600 E. Colonial Drive, Orlando
4*4
:Florida
As no one else spoke, Mayor Carpenter closed the public hearing for Council comments.
Mayor Carpenter recognized Mayor Pro -Tem Edwards, Councilmembers Thompson and John
as well as himself who expressed their comments against the rezoning. Mayor Carpenter
recognized Councilmembers Fowler and Azzoz who expressed their comments regarding the
need for affordable housing and who were for the rezone.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor
Pro -Tem to deny Ordinance No. 16 -5 -25, first reading. The vote was 3 -2 -0 with Mayor
Pro -Tem Edwards, Councilmembers John and Thompson voting for denial and
Councilmembers Fowler and Azzoz voting no. Motion passed.
08 -23 -2016 Minutes page -15 -
Mayor Carpenter recessed the meeting at 9:21 p.m. for a ten minute recess. Mayor Carpenter
reconvened the meeting at 9:41 p.m.
10. Ordinance No. 16 -S -27 - Conduct a Public Hearing and consideration and/or action
approving an Ordinance regarding an amendment of Part III, Schertz Code of Ordinances,
PH Unified Development Code (UDC) Article 9 Site Design Standards, Article 10 Parking
Standards and Article 14 Transportation. First Reading (B. James/B. James)
The following was read into record:
ORDINANCE NO. 16 -S -27
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE
(UDC) SECTION 21.9.5 EXTERIOR CONSTRUCTION AND DESIGN STANARDS,
SECTION 21.9.7 LANDSCAPING, SECTION 21.9.8 SCREENING AND FENCING,
SECTION 21.9.9 TREE PRESERVATION AND MITIGATION, SECTION 21.10.4
SCHERDULE OF OFF - STREET PARKING REQUIREMENTS, SECTION 21.10.8
OFF - STREET LOADING /UNLOADING REQUIREMENTS, SECTION 21.14.3
ADDITIONAL DESIGN REQUIREMENTS, AND SECTION 21.16 DEFINITIONS
PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Executive Director Brian James who introduced this item stating
in 2012 the City of Schertz entered into an interlocal with the Schertz Cibolo Universal City
Independent School District (SCUCISD) to designate processes, procedures, and fee
structures to streamline delivery of certain government functions and services in an efficient
manner. This included provisions to allow alternative landscaping, tree preservation and
parking standards. Recently, Comal ISD has approached the City of Schertz about school site
design standards and is facing some of the same challenges experienced by SCUCISD that
prompted their interlocal agreement. Rather than have a series of interlocal agreements with
the various school districts within the City of Schertz, it was determined to be more
appropriate to amend the UDC to reflect the alternate design standards.
Generally, Article 9 Site Design Standards was developed with commercial and multi- family
uses in mind, not institutional uses like schools, colleges and universities. These uses often
have greater amounts of open space to accommodate play and recreation areas. The unique
requirements for site security and student safety are also unique to these uses. Buildings are
also designed with functionality and safety in mind, thus many schools built today differ
substantially from those built 40 or 50 years ago. Public school districts are also unique in
being built by another governmental entity and often school districts straddle multiple
municipalities.
As such, staff is proposing to modify the UDC to not require Section 21. 9.5 to apply to public
schools. While schools generally have a lot of glazing, this can be spaced unevenly across the
building. The gymnasium may not have any windows or example. The buildings tend to
exceed our requirements for articulation. Materials can also be an issue and as schools may
08 -23 -2016 Minutes Page -16 -
opt for a variety of materials to break up the monotony of the fagade. These might include
metal and EFIS.
Landscaping can be problematic give the large sites schools occupy. In particular the
requirement for 9 trees per acres given the large lot size and the perimeter tree requirement.
The requirement for trees in parking areas and parking lot islands to minimize size issues in
areas where kids and cars may be. This is also the case with screening of vehicular areas.
A similar set of challenges arises with regard to screening and fencing. In many cases homes
that back to a school do not have any additional screening beyond the residential homes'
wood fences.
Tree preservation is often a problem because in order for districts to find a suitable size site
they have to select sites with challenges — trees, topography, etc. That creates a challenge in
saving trees. Additionally, the tree preservation ordinance allows for the use of tree mitigation
funds on school property.
These changes would simply be made in each section of article 9 that : ndicates: "Public
schools will not be required to comply with this section." This certainly allows the school
districts to better anticipate costs and to ensure greater uniformity of schools across municipal
boundaries, something that promotes equity and efficiency.
IN
On August 10, the Planning and Zoning Commission met and recommended 5 to 1 to approve
the proposed amendment. Staff recommends that Council approve Ordinance 16 -S -27
amending the UDC.
Mayor Carpenter opened the public hearing and as no o spoke closed the public hearing for
Council comments. No comments were provided.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor
Pro -Tem Edwards to approve Ordinance No. 16 -S -27, 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.
11. Resolution No. 16 -R -67 — Con ration and/or action approving a Resolution authorizing a
Professional Services Agreeme with Jackson A &E Associates Inc. (J. Kessel /B. James)
The following was read into record:
RESOLUTION NO. 16 -R -67
A RESOLUTIBY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH JACKSON
A &E ASSOCIATES, INC., AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Executive Director Brian James who stated on November 8,
2011 the City entered into a contract for owner's representative services with Jackson A &E
Associates, Inc., to provide third party owner's representative services for the multiple Capital
Improvement Projects including the playscape, soccer complex, baseball complex, Animal
08 -23 -2016 Minutes page -17 -
Adoption Facility, and Aquatics Facility. The initial term of the agreement was for 12 months
and was extended on November 19, 2012, November 18, 2013 and November 18, 2014. This
resolution authorizes a new agreement for 18 months to allow for completion of remaining
Capital Improvements Projects including Fire Station #3, the Aquatics Facility, Fire Station #
2 exterior renovations, the Recreation Center repairs and other small miscellaneous renovation
projects.
The goal is to enhance the design process by developing uniform building standards,
developing clear project scope, identifying long term energy and maintenance opportunities,
and enhancing early design review to achieve value engineering without additional cost to the
design firm and ensure that appropriate construction testing and documentation services
occur. These services include extensive photo documentation of the project for future review,
written notices of violations and follow up documentation, and review of change order
requests for validity. Also, manage the warranty phase of the new facility to ensure the
construction firm completes all needed warranty work in a timely and complete manner.
Staff recommends approval of Resolution No. 16 -R -67 authorizing the City Manager to
execute a contract with Jackson A &E Associates, Inc., to provide owner's representative
services to the City of Schertz. The fiscal impact of the agreement is described in the attached
amendment to the Professional Services Agreement which includes a maximum cost of
services per month of $10,000. Staff recommends approval of Resolution 16 -R -67 authorizing
the City Manager to execute a contract with Jackson A &E Service Inc., to provide owner's
representative services for the City of Schertz.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked for an up -to -date projects
list from Jackson A &E. Executive Director Brian James stated that he would supply the
information to Council at the next meeting.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Fowler to approve Resolution No. 16 -R -67. The vote was unanimous with
Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting
for and no one voting no. Motion passed.
12. Resolution No. 16 -R -68 — Consideration and /or action approving a Resolution adopting
Philosophy and Policy Statements as it relates to Roadway Stewardship and a Balanced
City. (J. Kessel/J. Kessel)
The following was read into record:
4;1 RESOLUTION NO. 16 -R -68
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
ADOPTING PHILOSOPHY AND POLICY STATEMENTS AND OTHER MATTERS
IN CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director Brian James who stated during the July 29,
2016 City Council Mid Budget Retreat, discussions were held regarding adoption of
philosophy and policy statements as it relates to Roadway Stewardship and a Balanced City
approach. This philosophy resolution is similar to the Compensation Philosophy document
08 -23 -2016 Minutes page -18 -
Council approved last year that helped prioritize how to balance implementing the market
study in as fair and effective manner as possible. This resolution is intended to help do the
same for roadway maintenance funding.
Implementing a Roadway Stewardship philosophy will help to effectively spend scarce
roadway funds in order to maximize the benefits to the entire City, as well as communicate a
clearer plan to our community about how we intend to manage our roadway maintenance.
Also, by following this philosophy, it will be able to aide in the decision making of which
road, which repair, who to do it, and when to do it.
Additionally, City Council recognized the need to keep in mind the many important factors
that affect our City when prioritizing funding for roadways. By establishing a series of policy
statements to help the City work toward this Balanced City approach, it will help accomplish
this task in an open and transparent manner.
City Council and Staff agreed to bring forward a resolution ackno edging support and
provide transparency. Staff recommends approval.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Thompson to approve Resolution No. 16 -R -68. The vote was unanimous
with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson
voting for and no one voting no. assed.
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for
agenda items 1 through 12.
Mayor Carpenter moved to the request and announcement section of the agenda.
Requests and Announcements 41h
15. ouncements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements were made.
16. 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 stated that a resident had complained about the speeding of heavy trucks and
the 18- wheeler traffic on FM 482 and requested that public safety take a look at the situation.
08 -23 -2016 Minutes page -19 -
17. 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
Mayor Carpenter recognized Mayor Pro -Tem Edwards who thanked The Chamber President
Maggie Titterington and her staff for the success of the recent Senior Boogie Night event.
Mayor Carpenter recognized Councilmember Fowler who stated tomorrow he will be meeting
with the Alamo Area Development Council and the ACCOG people to s e what the AADC is
going to be doing.
Mayor Carpenter recognized Councilmember Azzoz who stated he left a flyer in the foyer
regarding a fundraiser that will be held at his business parking lot to assist a local 8 year old
girl's family with her medical expenses.
Mayor Carpenter recognized Councilmember Thompson who wanted to mention that when
new businesses come into the city and The Chamber hosts a Ribbon Cutting for them, it
makes a big impression to the new business owners when city officials attend. He encouraged
his colleagues to attend as many as possible to help make them all feel welcomed and honored
to be in the City of Sch z.
Executive Session
u
Mayor Carpenter recessed the regular meeting at 9:56 h. into executive session under the following
sections:
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.
6,
• Project E -023
14. City Council will meet in closed session under Texas Government Code Sec. 551.071,
Consultation with Attorney and Sec. 551.074. Personnel matters to hear a complaint against
the Mayor.
Reconvene into Regular Session
08 -23 -2016 Minutes Page - 20 -
Mayor Carpenter reconvened back into the regular session at 10:37 p.m.
13a. Take any necessary action based on discussions held in closed session under Agenda Item
number 13.
No Action taken.
14a. Take any necessary action based on discussions held in closed session under Agenda Item
number 14.
No Action taken.
Mayor Carpenter recognized Mayor Tom Daly from the City of Selma who was in the audience this
08 -23 -2016 Minutes rage - 21 -
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: August 30, 2016
Department: Development Services
Subject: Ordinance No. 16 -S -27 — Conduct a public
hearing and consideration and/or action
approving an Ordinance regarding
amendments to Past III, Schertz Code of
Ordinances, Unified Development Code
(UDC) Article 9 Site Design Standards,
Article 10 Parking Standards and Article 14
Transportation. Final Reading (B. James /B.
James)
BACKGROUND
In 2012 the City of Schertz entered into an interlocal with the Schertz Cibolo Universal City
Independent School District (SCUCISD) to designate processes, procedures, and fee structures to
streamline delivery of certain government functions and services in an efficient manner. This
included provisions to allow alternative landscaping, tree preservation and parking standards.
Recently, Comal ISD has approached the City of Schertz about school site design standards and
is facing some of the same challenges experienced by SCUCISD that prompted their interlocal
agreement. Rather than have a series of interlocal agreements with the various school districts
within the City of Schertz, it was determined to be more appropriate to amend the UDC to reflect
the alternate design standards.
Generally, Article 9 Site Design Standards was developed with commercial and multi - family
uses in mind, not institutional uses like schools, colleges and universities. These uses often have
greater amounts of open space to accommodate play and recreation areas. The unique
requirements for site security and student safety are also unique to these uses. Buildings are also
designed with functionality and safety in mind, thus many schools built today differ substantially
from those built 40 or 50 years ago. Public school districts are also unique in being built by
another governmental entity and often school districts straddle multiple municipalities.
As such, staff is proposing to modify the UDC to not require Section 21. 9.5 to apply to public
schools. While schools generally have a lot of glazing, this can be spaced unevenly across the
building. The gymnasium may not have any windows or example. The buildings tend to exceed
our requirements for articulation. Materials can also be an issue and as schools may opt for a
variety of materials to break up the monotony of the fagade. These might include metal and
EFIS.
Landscaping can be problematic give the large sites schools occupy. In particular the
requirement for 9 trees per acres given the large lot size and the perimeter tree requirement. The
City Council Memorandum
Page 2
requirement for trees in parking areas and parking lot islands to minimize size issues in areas
where kids and cars may be. This is also the case with screening of vehicular areas.
A similar set of challenges arises with regard to screening and fencing. In many cases homes that
back to a school do not have any additional screening beyond the residential homes' wood
fences.
Tree preservation is often a problem because in order for districts to find suitable size site they
have to selects sites with challenges — trees, topography, etc. That create a challenge in saving
trees. Additionally, the tree preservation ordinance allows for the use of tree mitigation funds on
school property.
These changes would simply be made in each section of article 9 that indicates: "Public schools
will not be required to comply with this section." This certainly allows the school districts to
better anticipate costs and to ensure greater uniformity of schools across municipal boundaries,
something that promotes equity and efficiency.
Council approved this on first reading at their meeting of August 23, 2016.
Goal
Provide for appropriate public school site development standards based upon the unique design,
operations, range of activities and safety concerns associated with public schools that allow the
school districts within Schertz to develop school facilities in a consistent manner.
Community Benefit
Improve cooperation between the City and public school districts that increases efficiency and
more effectively utilizes public resources.
Summary of Recommended Action
On August 10, the Planning and Zoning Commission met and recommended 5 to 1 to approved
the proposed amendment.
Staff recommends that Council approve Ordinance 16 -S -27 on final reading amending the UDC.
FISCAL IMPACT
None
RECOMMENDATION
Approval of Ordinance 16 -S -27.
ATTACHMENT
Ordinance 16 -S -27
ORDINANCE NO. 16 -5 -27
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE (UDC) SECTION 21.9.5 EXTERIOR CONSTRUCTION
AND DESIGN STANARDS, SECTION 21.9.7 LANDSCAPING, SECTION 21.9.8
SCREENING AND FENCING, SECTION 21.9.9 TREE PRESERVATION AND
MITIGATION, SECTION 21.10.4 SCHERDULE OF OFF - STREET PARKING
REQUIREMENTS, SECTION 21.10.8 OFF - STREET LOADING /UNLOADING
REQUIREMENTS, SECTION 21.14.3 ADDITIONAL DESIGN
REQUIREMENTS, AND SECTION 21.16 DEFINITIONS PROVIDING A
REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City Council of the City of Schertz and the Planning and Zoning
Commission recognize the unique design requirements of public schools, and
WHEREAS, The City of Schertz Unified Development Code is intended to protect,
promote, improve, and provide for the public health, safety and general welfare of the
citizens of the City, and
WHEREAS, The standards in the Unified Development Code are to ensure safe, orderly
and efficient development in the City, and
WHEREAS, The City of Schertz specifically desires to recognize the unique factors in
locating and planning for the provision of public schools, and
WHEREAS, The Schertz City Council as a matter of public policy aims to ensure that
public schools are compatible with surrounding development, and
WHEREAS, Public schools have unique needs to incorporate design elements that
provide for the safety of students, and
WHEREAS, All required notices have been provided, and
WHEREAS, on August 10, 2016, the Planning and Zoning Commission recommended
approval
WHEREAS, on August 23, 2016, the City Council conducted a public hearing and
determined that this request is in the interest of the public safety, health, and welfare;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS THAT:
Section 1. Unified Development Code, Section 21.9.5 B of the Code of
Ordinances, City of Schertz, Texas is hereby amended as follows:
B. Applicability
The provisions of this section are deemed to be minimum standards and shall be
applicable to the following:
1. All new buildings within the corporate limits of the City except public schools;
and
2. Building expansions which cumulatively increase the gross floor area more than
25% of the original building area except public schools.
Section 2. Unified Development Code, Section 21.9.5. E of the Code of
Ordinances, City of Schertz, Texas is hereby amended as follows:
E. Office /Public Buildings
1. Applicability
This section shall apply to buildings with a professional office or public use
except public schools.
2. Exterior Building Materials
Buildings must comply with the following:
a) At least 75% of each wall (excluding windows and doors) shall be finished in
one or more of the following materials:
• Brick
• Stone
• Faux brick or stone
• Tile
• Stucco
• Concrete tiltwallb
• Split face CMUb
b) Concrete tiltwall and split face CMU may be used in conjunction with one of
the other approved primary materials. Concrete tiltwall and split face CMU
cannot be used for more than 30% of each fagade.
3. Glazing
All buildings must comply with one of the following:
a) At least 25% of the front facade ( facade adjacent to or facing a public street)
shall be comprised of windows or glass doors. For buildings that are
adjacent to or face two or more public streets at least 20% of each facade
adjacent to or facing a public street shall be comprised of windows or glass
doors. For buildings that are not adjacent to or face a public street, but
instead face or front a private drive, the facade that faces or fronts on the
private drive that provides for primary access shall be considered as
the front facade;
Or
b) Windows and doors may be spread around the building, the minimum
amount of required windows or glass doors is calculated as 50% of the front
facade ( facade adjacent to or facing a public street). For buildings that are
adjacent to or facing two or more public streets the minimum amount of
required windows or glass doors is calculated as 40% of the total area of the
fagades adjacent to or facing public streets.
4. Articulation and architectural features
a) Horizontal articulations or offsets are required on any wall greater in length
than 50 linear feet.
(1) The depth of the articulation or offset shall be a minimum of two feet
(2'). Articulations or offsets can be of varying depth as long as the
minimum two feet (2') is met.
(2) The length of the new plane created by the articulation or offset shall be
a minimum of 20% of the total length of the entire wall.
b) Vertical articulations or elevation changes are required on all walls and
should be designed to screen rooftop equipment.
(1) The height of the articulation or elevation change shall be a minimum of
two feet (2'). Articulations or elevation changes can be of varying depth
as long as the minimum two feet (2') is met.
(2) The length of the new plane created by the articulation or elevation
change shall be a minimum of 20% of the total length of the entire wall.
5. Roof Treatments
Facade articulations shall provide for vertical and horizontal screening of
air conditioning units and all mechanical equipment located on rooftops.
The minimum height of the screening shall be equal to the height of the
tallest rooftop equipment.
Section 3. Unified Development Code, Section 21.9.7 E of the Code of
Ordinances of the City of Schertz, Texas is hereby amended as follows:
E. Landscape Installation Required
1. A minimum of twenty percent (20 %) of the total land area of any
proposed multifamily or nonresidential development shall be
landscaped and shall be comprised of trees, shrubs, sod or other
ground cover. In the event of the construction of a phased
development, the minimum twenty percent (20 %) requirement
shall apply to each phase as it is developed.
2. All properties shall provide shade trees at a ratio of nine (9) trees
per acre (43,560 square feet) of gross lot area. Industrial property
shall provide shade trees at a ratio of nine (9) trees per acre,
calculated at sixty percent (60 %) of the gross lot area or by
exclusion of the main enclosure structure ground floor area from
the gross lot area, whichever is less. Public schools shall provide
shade trees at a ratio of at least four (4) trees per acre. Existing
trees may be counted toward meeting the requirements of this
section.
a. Every single family residential lot shall provide a minimum
of three (3) shade trees which shall include a minimum of
one (1) tree in the front yard and one (1) tree in the rear
yard.
b. Any property that is unable to satisfy the tree requirements
of this section shall be required to pay tree mitigation fees
in accordance with section 21.9.9 of this UDC.
3. The use of native and adapted, drought tolerant plants is
encouraged to meet the requirements of this section.
4. Artificial plants or turf shall not be counted towards
meeting the requirements of this section.
Section 4. Unified Development Code, Section 21.9.7 H of the Code of
Ordinances of the City of Schertz, Texas is hereby amended as follows:
H. Parking Area Landscaping
Parking lots, vehicular use areas and parked vehicles are to be effectively
screened from the public view and adjacent property. Both the interior and
perimeter of such areas shall be landscaped in accordance with the following
criteria. Areas used for parking or vehicle storage that are under, on or within
buildings are exempt from these standards. Section H does not apply to public
schools.
1. Interior Landscaping
A minimum of ten percent (10 %) of the gross parking areas shall be devoted to
living landscaping which includes grass, ground covers, plants, shrubs and trees.
Gross parking area is to be measured from the edge of the parking and/or
driveway and sidewalks. The following additional criteria shall apply to the
interior of parking lots.
a. Interior landscape areas shall be protected from vehicular encroachment of
overhang through appropriate wheel stops or curbs.
b. There shall be a minimum of one (1) shade tree planted for each 400
square feet or fraction thereof of required interior landscape area.
C. Interior areas of parking lots shall contain planting islands located so as to
best relieve the expanse of paving. Planter islands must be located no
further apart than every twelve (12) parking spaces and at the terminus of
all rows of parking. Such islands shall be a minimum of 200 square feet
or ten feet (10') by twenty feet (20') in size.
d. Planter islands shall contain a combination of trees, shrubs, lawn, ground
cover and other appropriate materials provided such landscaping does not
cause visual interference within the parking area.
2. Perimeter Landscaping
All parking lots and vehicular use areas shall be screened from all abutting
properties with a wall, fence, hedge, berm or other durable landscape barrier. All
parking lots and vehicular use areas shall be screened from all abutting public
rights -of -way with a wall, berm or combination of hedge and berm. Any living
barrier shall be established in a minimum five foot (5') planting strip. Plants and
materials used in living barriers shall be at least thirty inches (30 ") high at the
time of planting and shall be of a type and species that will attain a minimum
height of three feet (3') one (1) year after planting. Any landscape barrier not
containing live plants or trees shall be a minimum of three feet (3') high at time of
installation. Perimeter landscaping shall be designed to screen off - street parking
lots and other vehicular use areas from public rights -of -way and adjacent
residential properties.
a. Whenever an off - street parking or vehicular use area abuts a public right -
of -way, except a public alley, a perimeter landscape area of at least fifteen
feet (15') in depth shall be maintained between the abutting right -of -way
and the off - street parking or vehicular area. An appropriate landscape
screen or barrier shall be installed in this area and the remaining area shall
be landscaped with at least grass or other ground cover. Necessary access
ways from the public right -of -way shall be permitted through all such
landscaping.
b. Whenever an off - street parking or vehicular use area abuts an adjacent
residential property line, a perimeter landscape area of at least ten feet
(10') in width shall be maintained between the edge of the parking area
and the adjacent property line. Access ways between lots may be
permitted through all perimeter landscape areas. Landscaping shall be
designed to visually screen the parking area. Whenever such property is
zoned or used for single family residential purposes, a landscape buffer
shall include a masonry wall and hedge, or berm which shall be a
minimum of three feet (3') in height and a maximum of eight feet (8') in
height.
C. Perimeter landscape areas shall contain at least one (1) shade tree for each
fifty linear feet (50'), or fraction thereof, of perimeter area.
Section 5. Unified Development Code, Section 21.9.8 B 3 of the Code of
Ordinances of the City of Schertz, Texas is hereby amended as follows:
3. Fences Adjacent to Residential Property
Where any nonresidential or multifamily use, lot or parcel except public
schools is adjacent to or separated by only a local street or alley from a lot
or parcel that is zoned for single family residential use, the nonresidential
or multifamily use shall construct a masonry screening wall a minimum of
eight feet (8') in height. The screen shall be located no closer to the street
than the property line. Such screening wall shall be maintained in good
condition. Any sections of this UDC or any other City ordinances, codes
or regulations concerning sight obstructions of intersections shall be
applicable to the screen where it is intersected by a right -of -way. Where
any nonresidential or multifamily use, lot or parcel is located in such a
manner so as to be at a higher elevation than an adjacent lot or parcel that
is zoned for single family residential use, the required masonry screening
wall shall be constructed on the higher elevation so as to mitigate the
adjacent residential property from the impacts of the adjacent use.
Section 6. Unified Development Code, Section 21.9.9 B 1 of the Code of
Ordinances of the City of Schertz, Texas is hereby amended as follows:
B. Applicability and Exemptions
1. The provisions of this section are applicable to the following:
a. all new residential and nonresidential development within
the City except public schools;
b. redevelopment of any residential or nonresidential property
within the City that results in an increase in the building
footprint or the total destruction and reconstruction except
public schools;
C. any grading, filling or clearing of land in the City limits;
and
d. any selective or individual removal of any Protected or
Heritage Tree in the City limits.
Section 7. Unified Development Code, Section 21.10.4 A of the Code of
Ordinances of the City of Schertz, Texas is hereby amended as follows:
A. Off - street parking shall be provided in sufficient quantities to provide the
following ratio of vehicle spaces for the uses specified in the districts
designated:
Table 1 -d
• Requirements
Use Type
Parking Requirement
Amusement, Commercial
10 spaces, plus 1 space for each 100 square feet of
Indoor
total floor area over 1,000 square feet
Amusement, Commercial
1 space per 500 square feet of outdoor site area
Outdoor
plus 1 space per each 4 fixed spectator seats
Bank, Savings And Loan, Or
1 space for each 250 square feet of gross floor area
Other Financial Institution
Bar Or Night Club
1 space for each 50 square feet of gross floor area
Bed And Breakfast
1 space for each rented room plus 1 space per
employee
Bowling Alley
5 parking spaces for each lane
Bus Depot
1 space for each 100 square feet of gross floor area
Convalescent Home, Group
1 parking space for each 2 beds
Home, Home For The Aged
Dance, Assembly And
Exhibition Halls Without Fixed
1 space for each 100 square feet used for assembly
Seats
or dancing
Day Care Center
1 space per 250 square feet of gross floor area
Group Home
4 spaces
Hospital
1 parking space for each bed
Table 21.10.4 Schedule
of Off-Street Parking Requirements
Use Type
Parking Requirement
1 space for each sleeping room or suite plus 1
Hotel Or Motel
space for every 200 square feet of common area
not designated as sleeping rooms
Libraries, Laboratories And
10 spaces plus 1 space for each 300 square feet of
Student Centers
floor area
Lodging Houses And Boarding
1 space per each two (2) persons capacity of
Houses
overnight sleeping facilities
Manufacturing, Processing Or
1 space for each 2 employees or 1 space for each
Repairing
1,000 square feet of total floor area, whichever is
greater
Medical Or Dental Clinic
1 space for each 200 square feet of total floor area
1 space for each 300 square feet of office floor area
Miniwarehouse
plus 1 space for each 3,000 square feet of storage
area
1 parking space for each 50 square feet of floor
Mortuary/Funeral Home
space in service rooms or 1 space for each 3 seats,
whichever is less based on maximum design
capacity)
Multifamily, Duplex, Two -
Family, Condominium Or Other
1.5 spaces per bedroom
Similar Use
Offices
1 space for each 250 square feet of gross floor area
Personal Service Shop
1 space for each 200 square feet of gross floor area
Residence Halls, Fraternity
1 space per person capacity of permanent sleeping
Buildings And Sorority
facilities
Buildings
Residential Care Facility
1 space per each two (2) persons
1 parking space for each 100 square feet of gross
Restaurants
floor area, or 1 space for each 4 seats, whichever is
less based on maximum design capacity)
Retail Sales And Service
1 space for each 250 square feet of gross floor area
Parking shall be provided at a ratio approved by
School, All Other Schools
City staff based on a parking study provided by the
applicant that shall include vehicle stacking
requirements
Parking shall be provided at a ratio approved by
School, High School And
City staff based on a parking study provided by the
Vocational
applicant that shall include vehicle stacking
requirements
Shopping Center Or Mall
1 space for each 250 square feet of gross floor area
Single Family Attached And
2 parking spaces per dwelling unit
Detached Dwelling Units
Table 1
• Requirements
Use Type
Parking Requirement
Theaters, Auditoriums,
Minimum Required
Churches, Assembly Halls,
1 space for each 4 seats or 1 space for every 100
Sports Arenas, Stadiums,
Conference Center, Convention
square feet of gross floor area, whichever is less
Center Or Other Place Of Public
(based on maximum design capacity)
Assembly
1
15,000 — 50,000
1 space for each 3,000 square feet of sales area
Vehicle Sales Or Rental
(open and enclosed) devoted to the sale, display or
100,000 — 150,000
rental of vehicles
Vehicle Service, Repair, Garage
1 space for each 200 square feet of total floor area
50,000 over
1 space for each 2 employees or 1 space for each
Warehouse
1,000 square feet of total floor area, whichever is
greater
Section 8. Unified Development Code, Section 21.10.8 A of the Code of Ordinances of
the City of Schertz, Texas is hereby amended as follows:
All retail, commercial, industrial and service structures shall provide and maintain off -
street facilities for receiving and loading merchandise, supplies and materials within a
building or on the lot or tract. All public schools shall provide adequate stacking for
vehicles based on a parking study approved by City Staff. Such off - street loading space
may be adjacent to a public alley or private service drive or may consist of a truck berth
within the structure. Such off - street loading space or truck berth shall consist of a
minimum area of ten feet (10') by forty feet (40') and the spaces or berths shall be
provided in accordance with the following schedule:
Table
1 '
• Loading
Requirements
Square Feet of
Minimum Required
Gross Floor Area in
Spaces or Berths
Structure
0-5,000
None
5,000 — 15,000
1
15,000 — 50,000
2
50,000 — 100,000
3
100,000 — 150,000
4
Each Additional
50,000 over
1
150,000
Section 9. Unified Development Code, Section 21.14.3 C of the Code of Ordinances of
the City of Schertz, Texas is hereby as follow:
C. Landscape Buffer
In addition to the requirements of section 21.9.7 of this UDC for landscaping, a
minimum twenty foot (20') wide landscape buffer shall be provided adjacent to
any public right -of -way. Trees shall be planted at an average density of one (1)
tree per twenty linear feet (20') of street frontage except for public schools. The
landscape buffer shall require an irrigation system and shall be maintained by the
property owner.
Section 10. Unified Development Code, Section 16 of the Code of Ordinances of the City
of Schertz, Texas is hereby amended to add the following definition:
Public Schools — include elementary, intermediate, middle, junior high, high and alternate
schools operated by a public school district but does not include administrative and
support facilities and buildings not located on a school campus or do not solely support
one campus.
Section 11. 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 12. All ordinances, 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 13. This Ordinance shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 14. 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.
Sectionl5. 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.
PASSED, APPROVED and ADOPTED ON THE FINAL READING, on the 30th day of
August, 2016.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, City of Schertz, Texas
(CITY SEAL)
CITY COUNCIL MEMORANDUM
City Council Meeting: August 30, 2016
Department:
Subject:
BACKGROUND
Agenda No. 3
Planning & Community Development
Ordinance No. 16 -5 -28 — Conduct a public
hearing for consideration and/or action on a
request to rezone approximately 14 acres of
land generally located 705 feet west of the
intersection of FM 482 and Hubertus Road,
from Manufacturing District, Light (M -1) to
Agricultural District (AD). The property is
specifically described as 13.17 acres out of
the Rafael Garza Survey No. 98, Abstract
No. 175, City of Schertz, Comal County,
Texas. (Final Reading)
CMH Homes, Inc. is requesting to rezone approximately 14 acres of land from Manufacturing
District, Light (M -1) to Agricultural District (AD). They have indicated they plan to subdivide
the property to create two buildable lots. The property is currently vacant and undeveloped.
The public hearing notice was published in "The Daily Commercial Recorder" on August 1,
2016 and the "Herald" on August 3, 2016. Nine (9) public hearing notices were mailed to
surrounding property owners within two hundred (200) feet of the subject property on July 15,
2016, prior to the Planning and Zoning Commission meeting that took place on July 27, 2016. At
the time of this report being prepared, Staff received one (1) response in favor of the request.
Goal
CMH Homes, Inc. is requesting to rezone the approximate 14 acres tract of land from
Manufacturing District, Light (M 1) to Agricultural District (AD) in order to create two
residential lots.
Community Benefit
It is the City's desire to promote safe, orderly, efficient development and ensure compliance with
the City's vision of future growth.
City Council Memorandum
Page 2
Summary of Recommended Action
Staff reviewed the request for conformance with the Comprehensive Land Plan and the Schertz
Sector Plan. The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP)
designates the subject property as Agricultural Conservation which is intended to preserve a
rural /agricultural state. The Sector Plan recommends one of the character - defining elements for
the Agricultural Conservation designation as residential and agricultural large -lots that are at
least five (5) acres in lot size.
• Comprehensive Land Plan Goals and Objectives: The proposed re- zoning request is in
conformance with the goals and objectives of the Comprehensive Land Plan for this area.
The proposed Agricultural District zone states that it is intended as a base zoning district
in areas designated as Agricultural Conservation on the future land use map of the North
and South Schertz Sector Plan.
• Impact on Infrastructure: The proposed zoning request should have a minimal impact on
the existing and planned water and wastewater systems. The project is within the Green
Valley Special Utility District's service area and the applicant is proposing onsite sewer
system facilities for the two proposed lots.
• Impact on Public Facilities /Services: The proposed rezoning request should have a
minimal impact on public services, such as schools, fire, police, parks and sanitation
services since the area the subject property is located in is currently predominantly rural
in nature.
• Compatibility with Existing and Potential Adjacent Land Uses: The subject property is
predominately surrounded by undeveloped land and existing rural single - family
residential uses. The proposed rezoning is compatible with the existing adjacent land
uses.
City Council approved this on first reading at their meeting of August 23, 2016.
FISCAL IMPACT
None
RECOMMENDATION
The Planning and Zoning Commission conducted the public hearing on July 27, 2016 and
offered a recommendation of approval by a unanimous vote.
Staff recommends approval of final reading of Ordinance 16 -S -28 regarding the rezoning request
based its compatibility with the adjacent land uses and compliance with the Comprehensive Land
Plan.
ATTACHMENT
Ordinance No. 16 -S -28
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: August 30, 2016
Department: City Manager /Public Works /SSLGC
Subject: Resolution 16 -R -69 - Consideration and
approval by the city council of the city of Schertz,
Texas an inter -local agreement between the City
of Schertz and the City of Seguin related to cost
allocation and debt payments for a 2nd pipeline
and development and construction of the
Guadalupe Well Field.
BACKGROUND
The Schertz Seguin Local Government Corporation (SSLGC) was founded in 1999 as a non - profit water
supply corporation by the cities of Schertz and Seguin. This partnership has successfully delivered high
quality drinking water to both cities since 2003.
During this time, as the City of Schertz has grown and SSLGC has contracted with other communities for
both drinking water as well as transporting other entities drinking water, it has become obvious that the
time for expansion has arrived.
For the last five years, the SSLGC has been planning and beginning development on two projects. The
first is a second well field located in Guadalupe County, just over the border from our Gonzalez well
fields. This 2nd field will eventually deliver an additional 5,000 - 6,000 acre feet of drinking water which
will become necessary for Schertz to continue to provide adequate levels of drinking water to its citizens.
Additionally, in 2011, SSLGC entered into an agreement to treat and transport 12,000 acre feet of water
annually for the San Antonio Water System (SAWS). The SAWS water, from their own well field,
currently takes up approximately 50% of the pipeline capacity in the original 36" pipeline that runs from
the booster pump station south of Seguin to Schertz. Transporting this additional water has had a
significant financial value to both Cities over the last 5 years, but SSLGC is beginning to struggle with
enough pipeline capacity to move adequate water to Schertz during the high peak summer months. As a
result, the 2nd project that SSLGC is preparing to undertake is the building and installation of a second
pipeline to be a minimum diameter of 36" as well.
This second pipeline will insure that we have adequate pipeline capacity to meet our future water needs
through SSLGC and CVLGC and will allow us to sell excess water to other communities for many years
to come.
The Schertz /Seguin Local Government Corporation has applied with the Texas Water Development
Board through its SWIFT program for funding of the Guadalupe Project and Parallel Pipeline Project.
The application has been finalized to include the following components; (1) Low Interest Loan in the
amount of $43,670,000.00 and (2) TWDB Participation loan in the amount of $22,830,000.00 totaling
$66,500,000.
To date, SSLGC has invested approximately $12,860,364 in the Guadalupe well field project. These
expenditures include land, water leases, bond expenses, engineering, permitting and legal fees. Seven
well permits have also been acquired with associated water rights.
Attached to Resolution 16 -R -XX is a proposed Interlocal Agreement between Schertz and Seguin that
outlines the cost allocation of how both of these projects will be funded by SSLGC, Schertz and Seguin.
This agreement is necessary so that each City's officials have a clear understanding of how these projects
will be paid for.
Highlights of this Agreement include that the 2nd pipeline will be paid for by SSLGC and will be
incorporated into all eligible rates of all payers. The Guadalupe Well Field debt will be paid for by
Schertz and any other users of the Guadalupe Well Field and the cost of water from this well field will
have its own rate structure that insures that all costs of this new water will be paid by the consumers of the
water. In addition, the agreement contains language that requires SSLGC, Schertz and Seguin to annually
discuss these funding plans to evaluate any other rate structures that would benefit SSLGC and both
cities.
Although this agreement will result in higher rates to the water users of the Guadalupe Well Field, the
City has the potential to pursue different cost structures to help minimize the impact to our rate payers
annually over the next thirty years.
Goal
Approve the Resolution allowing the City Manager to enter into the cost allocation agreement between
Schertz and Seguin for this needed expansion of the SSLGC system.
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 this resolution and agreement will ensure the future water needs of the city are
met for several years.
Summary of Recommended Action
Staff recommends approval of Resolution as provided by bond counsel.
FISCAL IMPACT
This action will have a fiscal impact on the City of Schertz by increasing our water rates. These rate
increases are necessary to continue to provide water that is needed in the future.
RECOMMENDATION
Staff recommends approval of the attached Resolution.
ATTACHMENT
Resolution No. 16 -R -69
Cost Allocation Inter -Local Agreement between Schertz and Seguin
RESOLUTION NO. 16 -R -69
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN INTERLOCAL AGREEMENT BETWEEN SCHERTZ, SEGUIN
AND THE SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION
OUTLINING THE COST ALLOCATION METHODS FOR REPAYING
DEBT ASSOCIATED WITH TWO EXPANSION PROJECTS OF THE
SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION, AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, The City of Schertz (the "City ") population continues to grow and this
growth has created an increasing need for sustainable, clean, healthy drinking water; and
WHEREAS, The City acquires almost all of its drinking water through the Schertz
Seguin Local Government Corporation (SSLGC), a non - profit corporation developed as a result
of the partnership of Schertz and Seguin to acquire sustainable drinking water in 1999; and
WHEREAS, The SSLGC's pipeline from Seguin to Schertz has reached its maximum
capacity secondary to outside contracts that have provided benefits to the SSLGC and its owners
and the growth of Schertz is creating a demand for water that is approaching the maximum
capacity of the current well field in Gonzalez County; and
WHEREAS, SSLGC has an additional parallel pipeline from Seguin to Schertz and an
additional well field in Guadalupe County approved in the State Water Plan and has applied for
and received approval for funding from the Texas Water Development Board; and
WHEREAS, The Pipeline Project benefits SSLGC and all of its customers including both
owners and the Guadalupe Well Field will benefit the City of Schertz and other customers to a
greater degree than the City of Seguin; and
WHEREAS, SSLGC, the City of Schertz and the City of Seguin staff agree that an
additional written agreement that clearly outlines how the costs of both of these projects will be
allocated amongst both cities and other customers of SSLGC in accord with the current
perceived benefit to all parties.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to enter into an
interlocal agreement in substantially the same form as the attached agreement in Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 301h day of August, 2016.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
EXHIBIT A
COST ALLOCATION INTERLOCAL AGREEMENT
50448599.1 A -1
Agenda No. 5
CITY COUNCIL MEMORANDUM
City Council Meeting: August 30, 2016
Department:
Subject:
BACKGROUND
City Manager /Public Works /SSLGC
Resolution 16 -R -65 - Consideration and
approval by the city council of the city of Schertz,
Texas (a) approving resolutions previously
adopted by the board of directors of the
Schertz /Seguin Local Government Corporation
(1) authorizing the request of financial assistance
from the Texas Water Development Board
through an application for state water
implementation fund for Texas and board
participation programs for the purpose of
planning, designing, and constructing utility
system improvements to assist in the
implementation of the state water plan; ratifying
such application as well as the terms and
conditions set forth therein; and acknowledging
the application's submission to the Texas Water
Development Board; and (2) approving the
execution of respective financing agreements
pertaining to the state water implementation fund
for Texas and board participation programs and a
master agreement pertaining to the board
participation program by the board of directors of
the Schertz /Seguin Local Government
Corporation and authorizing the mayor and city
secretary of the city of Schertz, Texas to execute
on behalf of the city of Schertz, Texas any and all
necessary documents and certificates; (b)
ratifying, reconfirming, and readopting the
provisions of a regional water supply contract
executed between the city of Schertz, Texas, the
city of Seguin, Texas, and the Schertz /Seguin
Local Government Corporation; and (c) approving
other matters in connection therewith; and
providing an effective date
The Schertz Seguin Local Government Corporation (SSLGC) was founded in 1999 as a non - profit water
supply corporation by the cities of Schertz and Seguin. This partnership has successfully delivered high
quality drinking water to both cities since 2003.
During this time, as the City of Schertz has grown and SSLGC has contracted with other communities for
both drinking water as well as transporting other entities drinking water, it has become obvious that time
for expansion has arrived.
For the last five years, the SSLGC has been planning and beginning development on two projects. The
first is a second well field located in Guadalupe County, just over the border from our Gonzalez well
fields. This 2nd field will eventually deliver an additional 5 -6,000 acre feet of drinking water which will
become necessary for Schertz to continue to provide adequate levels of drinking water to its citizens.
Additionally, in 2011, SSLGC entered into an agreement to treat and transport 12,000 acre feet of water
for the San Antonio Water System (SAWS). The SAWS water, from their own well field, currently takes
up approximately 50% of the pipeline capacity in the 36" pipeline that runs from the south of Seguin to
Schertz. Transporting this water has had a significant financial value to both Cities over the last 5 years,
but Schertz is beginning to struggle with enough pipeline capacity to move adequate water to Schertz
during the high peak summer months. As a result, the 2nd project that SSLGC is preparing to undertake is
the building and installation of a second pipeline to be a minimum diameter of 36" as well.
This second pipeline will insure that we have adequate pipeline capacity to meet our future water needs
through SSLGC and CVLGC and will allow us to sell excess water to other communities for many years
to come.
The Schertz /Seguin Local Government Corporation has applied with the Texas Water Development
Board through its SWIFT program for funding of the Guadalupe Project and Parallel Pipeline Project.
The application has been finalized to include the following components; (1) Low Interest Loan in the
amount of $43,670,000.00 and (2) TWDB Participation loan in the amount of $22,830,000.00 totaling
$66,500,000.
To date, SSLGC has invested approximately $12,860,364 in the Guadalupe well field project. These
expenditures include land, water leases, bond expenses, engineering, permitting and legal fees. Seven
well permits have been acquired with associated water rights.
The City of Schertz and the City of Seguin are working to develop an Interlocal Agreement for debt
service allocation.
The SSLGC Board is scheduled to have taken action at a special called board meeting on August 29,
2016.
Goal
Approve the funding of these two programs for needed expansion of the SSLGC system.
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 this funding application will ensure the future water needs of the city are met.
Summary of Recommended Action
Staff recommends approval of Resolution as provided by bond counsel.
FISCAL IMPACT
This action will have a fiscal impact on the City of Schertz by increasing wholesale water rates. These
rate increases are necessary to continue to provide water that is needed in the future.
RECOMMENDATION
Staff recommends approval utilizing the following language:
A MOTION BY COUNCILMEMBER AND SECONDED BY COUNCILMEMBER
THAT THE CITY COUNCIL APPROVE A RESOLUTION AUTHORIZING AND
RATIFYING VARIOUS ACTIONS AND RESOLUTIONS PREVIOUSLY APPROVED BY THE
SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION
ATTACHMENT
Transmittal letter from Jeff Kuhn with attachments
Resolution No. 16 -R -65
RESOLUTION NO. 16 -R -65
(A) APPROVING RESOLUTIONS PREVIOUSLY ADOPTED BY THE
BOARD OF DIRECTORS OF THE SCHERTZ /SEGUIN LOCAL
GOVERNMENT CORPORATION (1) AUTHORIZING THE REQUEST
OF FINANCIAL ASSISTANCE FROM THE TEXAS WATER
DEVELOPMENT BOARD THROUGH AN APPLICATION FOR STATE
WATER IMPLEMENTATION FUND FOR TEXAS AND BOARD
PARTICIPATION PROGRAMS FOR THE PURPOSE OF PLANNING,
DESIGNING, AND CONSTRUCTING UTILITY SYSTEM
IMPROVEMENTS TO ASSIST IN THE IMPLEMENTATION OF THE
STATE WATER PLAN; RATIFYING SUCH APPLICATION AS WELL
AS THE TERMS AND CONDITIONS SET FORTH THEREIN; AND
ACKNOWLEDGING THE APPLICATION'S SUBMISSION TO THE
TEXAS WATER DEVELOPMENT BOARD; AND (2) APPROVING THE
EXECUTION OF RESPECTIVE FINANCING AGREEMENTS
PERTAINING TO THE STATE WATER IMPLEMENTATION FUND
FOR TEXAS AND BOARD PARTICIPATION PROGRAMS AND A
MASTER AGREEMENT PERTAINING TO THE BOARD
PARTICIPATION PROGRAM BY THE BOARD OF DIRECTORS OF
THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION AND
AUTHORIZING THE MAYOR AND CITY SECRETARY OF THE CITY
OF SCHERTZ, TEXAS TO EXECUTE ON BEHALF OF THE CITY OF
SCHERTZ, TEXAS ANY AND ALL NECESSARY DOCUMENTS AND
CERTIFICATES; (B) RATIFYING, RECONFIRMING, AND
READOPTING THE PROVISIONS OF A REGIONAL WATER SUPPLY
CONTRACT EXECUTED BETWEEN THE CITY OF SCHERTZ, TEXAS,
THE CITY OF SEGUIN, TEXAS, AND THE SCHERTZ /SEGUIN LOCAL
GOVERNMENT CORPORATION; AND (C) APPROVING OTHER
MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS THAT:
Section 1. The City Council of the City of Schertz, Texas (the City) finds and declares
that the actions of the Board of Directors (the Board) of the Schertz /Seguin Local Government
Corporation (the Corporation) should be approved and the actions described in the Corporation
Resolutions (hereinafter defined) are in the best interests of the inhabitants of the City for the reasons
therein set forth.
Section 2. The City Council (i) reviewed and hereby approves a resolution, as to form
and content, including the factual findings contained therein and all documents referenced therein,
adopted by the Board of the Corporation on April 21, 2016, relating to the request of financial
assistance from the Texas Water Development Board's State Water Implementation Fund for Texas
(SWIRFI) and Board Participation Programs (collectively, the Programs) for the purpose of
planning, designing, and constructing utility system improvements (the Application Resolution); (ii)
27220131.3
ratifies an application (the Application) to the Texas Water Development Board for financial
assistance pursuant to the Programs, and consents to the terms and conditions set forth in the
Application; and (iii) acknowledges the Application's previous submission by the Corporation to the
Texas Water Development Board for approval.
Section 3. The City Council (i) reviewed and hereby approves a resolution, as to form
and content, including the factual findings contained therein and all documents referenced therein,
adopted by the Board of the Corporation on August 29, 2016, relating to the Application's condition
precedent to secure the Board Participation Program's financing assistance through the execution of a
Master Agreement (the Master Agreement Resolution); (ii) reviewed and hereby approves a
resolution, as to form and content, including the factual findings contained therein and all documents
referenced therein, adopted by the Board of the Corporation on August 29, 2016, relating to the
Application's condition precedent to secure the Board Participation Program's financing assistance
through the execution of a Financing Agreement (the Board Participation Resolution); and (iii)
reviewed and hereby approves a resolution, as to form and content, including the factual findings
contained therein and all documents referenced therein, adopted by the Board of the Corporation on
August 29, 2016, relating to the Application's condition precedent to secure SWIRFT's financing
assistance through the execution of a Financing Agreement (the SWIRFT Resolution, and collectively
with the Board Participation Resolution, the Financing Resolutions).
Section 4. The City Council ratifies, readopts, and reconfirms the Regional Water
Supply Contract, including the factual findings contained therein, previously approved and executed
among the City of Schertz, Texas and the City of Seguin, Texas (collectively, the Cities) and the
Corporation (the Contract) which provides certain security for the prospective payment of
obligations hereinafter issued by the Corporation to assist in financing planning, designing, and
constructing Corporation utility system improvements, and each City's obligations under the
Contract, including the acknowledgement that the payment of principal of and interest in relation to
the obligations undertaken pursuant to the Programs is payable, in whole or in part, from the Annual
Payments (as defined in the Contract) to be made by the Cities to the Corporation under and pursuant
to the Contract.
Section 5. The Mayor, the City Manager, and the City Secretary of the City are hereby
authorized to execute on behalf of the City any and all documents in connection with these
transactions, including the Application Resolution, the Master Agreement Resolution and the
Financing Resolutions (collectively, the Corporation Resolutions). This Resolution may be relied
upon by the appropriate representatives of the parties to this transaction, including the Texas Water
Development Board and the Texas Attorney General, in the review and approval of this transaction.
Section 6. The Mayor and the City Secretary and the other officers of the City are
hereby authorized to execute and deliver such additional endorsements, instruments, certificates,
documents, or paper necessary and advisable to carry out the intent and purposes of this Resolution
and the Corporation Resolutions on behalf of the City.
Section 7. The City Manager of the City, or his designee, is authorized to accomplish all
administrative matters (as may be necessary or desired), with respect to directives included in this
Resolution.
Section 8. No default by the City in observing or performing its obligations under this
Resolution shall constitute a breach of or default under the Corporation Resolutions for purposes of
27220131.3 -2-
any other provision of the Corporation Resolutions. Nothing is intended or shall act to disclaim,
waive, or otherwise limit the duties of the City under federal and state securities laws.
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR
BENEFICIAL OWNER OF ANY OBLIGATIONS OR ANY OTHER PERSON, IN
CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM
ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT
ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS RESOLUTION, BUT EVERY
RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON
ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR
MANDAMUS OR SPECIFIC PERFORMANCE.
Section 9. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of
the judgment and findings of the City Council.
Section 10. All 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 11. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 12. If any provision of this Resolution or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Resolution and the application of such
provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby
declares that this Resolution would have been enacted without such invalid provision.
Section 13. It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and subject matter
of the public business to be considered at such meeting, including this Resolution, was given, all as
required by Chapter 551, as amended, Texas Government Code.
Section 14. 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.]
27220131.3 -3-
APPROVED THIS THE 30TH DAY OF AUGUST, 2016.
ATTEST:
City Secretary
27220131.3 -4-
Mayor
A
NORTON ROSE FULBRIGHT
August 23, 2016
Norton Rose Fulbright US LLP
Via E -Mail 300 Convent Street, Suite 2100
San Antonio, Texas 78205 -3792
United States
Ms. Brenda Dennis
W. Jeffrey Kuhn
City Secretary
Partner
City of Schertz
Direct line +1 210 270 7131
1400 Schertz Parkway
w.jeffrey.kuhn @nortonrosefulbright.com
Schertz, Texas 78154
Tel +1 210 224 5575
Fax +1 210 270 7205
nortonrosefu (bright. com
Re: Schertz/Seguin Local Government Corporation Contract Revenue Bonds, Series 2016
(Texas Water Development Board SWIRFT Project Financing)
Dear Brenda:
I enclose as Exhibit A to this letter the agenda item to be utilized in preparing the agenda for the
August 30, 2016 regular meeting of the City Council. Thank you for ensuring that this agenda
item is posted in accordance with the provisions of the Texas Open Meetings Act. I also
enclose as Exhibit B the suggested motion for this item.
I also enclose a draft copy of the Resolution for inclusion in the City Council's agenda packets.
Please send any comments to this Resolution to me as soon as possible so that it may be
finalized.
Lastly, I enclose Exhibit A and Exhibit B in Word format for your convenience.
Thank you, in advance, for your prompt attention to this matter. If I can provide any additional
assistance concerning this matter, please do not hesitate to contact me.
Very truly y urs,
W.
Zuhn
WJK/jcq
Enclosures
cc: Mr. Alan Cockerell (Schertz/Seguin Local Government Corporation)
Ms. Amber Briggs (Schertz/Seguin Local Government Corporation)
Mr. Pat Lindner (Davidson, Troilo, Ream & Garza P.C.)
Mr. John C. Kessel (City of Schertz, Texas)
Mr. Juan Santoya (City of Schertz, Texas)
Mr. Charles Zech (Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C.)
Mr. Mark McLiney (SAMCO Capital Markets, Inc.)
Mr. Andrew Friedman (SAMCO Capital Markets, Inc.)
Norton Rose Fulbright US LLP is a limited liability partnership registered under the laws of Texas. 27490743.1
Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP and Norton Rose
Fulbright South Africa Inc are separate legal entities and all of them are members of Norton Rose Fulbright Verein, a Swiss verein. Norton Rose
Fulbright Verein helps coordinate the activities of the members but does not itself provide legal services to clients. Details of each entity, with certain
regulatory Information, are available at nortonrosefulbright.com.
Brenda Dennis
August 23, 2016
Page 2
Ms. Veronica Alonzo (SAMCO Capital Markets, Inc.)
Mr. George Scofield (Finn)
Mr. Clay Binford (Firm)
Ms. Stephanie V. Leibe (Firm)
Mr. Adam Harden (Firm)
Mr. Arnold Cantu III (Firm)
Ms. Lauren N. Ferrero (Firm)
Mr. Matthew A. Lee (Firm)
Mr. Clay Chrisman (Firm)
27480743.1
A
NORTON ROSE FULBRIGHT
EXHIBIT A
CONSIDERATION AND APPROVAL BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS (A) APPROVING RESOLUTIONS PREVIOUSLY ADOPTED
BY THE BOARD OF DIRECTORS OF THE SCHERTZ/SEGUIN LOCAL
GOVERNMENT CORPORATION (1) AUTHORIZING THE REQUEST OF
FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT
BOARD THROUGH AN APPLICATION FOR STATE WATER
IMPLEMENTATION FUND FOR TEXAS AND BOARD PARTICIPATION
PROGRAMS FOR THE PURPOSE OF PLANNING, DESIGNING, AND
CONSTRUCTING UTILITY SYSTEM IMPROVEMENTS TO ASSIST IN THE
IMPLEMENTATION OF THE STATE WATER PLAN; RATIFYING SUCH
APPLICATION AS WELL AS THE TERMS AND CONDITIONS SET FORTH
THEREIN; AND ACKNOWLEDGING THE APPLICATION'S SUBMISSION TO
THE TEXAS WATER DEVELOPMENT BOARD; AND (2) APPROVING THE
EXECUTION OF RESPECTIVE FINANCING AGREEMENTS PERTAINING TO
THE STATE WATER IMPLEMENTATION FUND FOR TEXAS AND BOARD
PARTICIPATION PROGRAMS AND A MASTER AGREEMENT PERTAINING
TO THE BOARD PARTICIPATION PROGRAM BY THE BOARD OF
DIRECTORS OF THE SCHERTZ/SEGUIN LOCAL GOVERNMENT
CORPORATION AND AUTHORIZING THE MAYOR AND CITY SECRETARY
OF THE CITY OF SCHERTZ, TEXAS TO EXECUTE ON BEHALF OF THE CITY
OF SCHERTZ, TEXAS ANY AND ALL NECESSARY DOCUMENTS AND
CERTIFICATES; (B) RATIFYING, RECONFIRMING, AND READOPTING THE
PROVISIONS OF A REGIONAL WATER SUPPLY CONTRACT EXECUTED
BETWEEN THE CITY OF SCHERTZ, TEXAS, THE CITY OF SEGUIN, TEXAS,
AND THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION; AND
(C) APPROVING OTHER MATTERS IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE
27490743.1
EXHIBIT B
A MOTION BY COUNCILMEMBER AND SECONDED BY
COUNCILMEMBER THAT THE CITY COUNCIL APPROVE A
RESOLUTION AUTHORIZING AND RATIFYING VARIOUS ACTIONS AND
RESOLUTIONS PREVIOUSLY APPROVED BY THE SCHERTZ/SEGUIN
LOCAL GOVERNMENT CORPORATION
27480743.1
RESOLUTION NO. SSLGC R16 -16
A RESOLUTION APPROVING THE BOARD PARTICIPATION
PROGRAM FINANCING AGREEMENT BETWEEN THE
SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION AND THE
TEXAS WATER DEVELOPMENT BOARD AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the Schertz /Seguin Local Government Corporation (the Corporation)
previously submitted an application to the Texas Water Development Board (the TWDB) for
financial assistance from its Board Participation Program (Board Participation Program); and
WHEREAS, the TWDB Board approved the Corporation's application requesting up to
$30,500,000 in Board Participation financial assistance, and as a condition precedent to secure
this financing assistance, the TWDB requires that the Corporation enter into a financing
agreement (the Financing Agreement), in substantially the form attached hereto as Exhibit A;
and
WHEREAS, in accordance with the rules and regulations of the TWDB Board, the Board
of Directors (the Board of the Corporation is required to adopt a resolution authorizing the
execution of the Financing Agreement; now, therefore,
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SCHERTZ /SEGUIN
LOCAL GOVERNMENT CORPORATION THAT:
1. The Board authorizes the execution of the Financing Agreement between the
Corporation and the TWDB in substantially the form attached hereto as Exhibit A. The
President of the Board, the Vice President of the Board, or the General Manager of the
Corporation are also hereby authorized to approve any amendments or revisions to this
Financing Agreement.
2. The President of the Board, the Vice President of the Board, or the General
Manager of the Corporation is hereby authorized to execute and submit to the TWDB the
Financing Agreement, and the President or Vice President of the Board or General Manager of
the Corporation, together with Bond Counsel, Financial Advisor, and consulting engineers
named in the Board Participation Program application, are authorized to appear before the
TWDB in support of the Financing Agreement.
3. The President of the Board, the Vice President of the Board, or the General
Manager of the Corporation is further specifically authorized to make the required assurances to
the TWDB concerning this financing in accordance with the rules, regulations, and policies of
the TWDB.
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 Corporation.
27466923.2
5. 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.
6. This Resolution shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
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
Corporation hereby declares that this Resolution would have been enacted without such invalid
provision.
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.
9. This Resolution shall take effect immediately upon its passage.
27466923.2 2
PASSED, ADOPTED AND APPROVED on the 291h day of August, 2016.
SCHERTZ /SEGUIN LOCAL
GOVERNMENT CORPORATION
President, Board of Directors
Attest:
Secretary, Board of Directors
(SEAL)
27466923.2 J
Signature Page to the Resolution Approving the Board Participation Financing Agreement Between
Schertz /Seguin Local Government Corporation and the Texas Water Development Board
*:4:II:30 r_1
Board Participation Financing Agreement
See Tab No.
27466923.2 A -1
RESOLUTION NO. SSLGC R16 -15
A RESOLUTION APPROVING THE STATE WATER
IMPLEMENTATION REVENUE FUND FOR TEXAS FINANCING
AGREEMENT BETWEEN THE SCHERTZ /SEGUIN LOCAL
GOVERNMENT CORPORATION AND THE TEXAS WATER
DEVELOPMENT BOARD AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the Schertz /Seguin Local Government Corporation (the Corporation)
previously submitted an application to the Texas Water Development Board (the TWDB) for
financial assistance from its State Water Implementation Revenue Fund for Texas ( SWIRFT);
and
WHEREAS, the TWDB Board approved the Corporation's application requesting up to
$36,000,000 in SWIRFT financial assistance, and as a condition precedent to secure this
financing assistance, the TWDB requires that the Corporation enter into a financing agreement
(the Financing Agreement), in substantially the form attached hereto as Exhibit A; and
WHEREAS, in accordance with the rules and regulations of the TWDB Board, the Board
of Directors (the Board) of the Corporation is required to adopt a resolution authorizing the
execution of the Financing Agreement; now, therefore,
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SCHERTZ /SEGUIN
LOCAL GOVERNMENT CORPORATION THAT:
1. The Board authorizes the execution of the Financing Agreement between the
Corporation and the TWDB in substantially the form attached hereto as Exhibit A. The
President of the Board, the Vice President of the Board, or the General Manager of the
Corporation are also hereby authorized to approve any amendments or revisions to this
Financing Agreement.
2. The President of the Board, the Vice President of the Board, or the General
Manager of the Corporation is hereby authorized to execute and submit to the TWDB the
Financing Agreement, and the President or Vice President of the Board or General Manager of
the Corporation, together with Bond Counsel, Financial Advisor, and consulting engineers
named in the SWIFRT application, are authorized to appear before the TWDB in support of the
Financing Agreement.
3. The President of the Board, the Vice President of the Board, or the General
Manager of the Corporation is further specifically authorized to make the required assurances to
the TWDB concerning this financing in accordance with the rules, regulations, and policies of
the TWDB.
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 Corporation.
27435548.2
5. 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.
6. This Resolution shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
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
Corporation hereby declares that this Resolution would have been enacted without such invalid
provision.
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.
9. This Resolution shall take effect immediately upon its passage.
27435548.2 2
PASSED, ADOPTED AND APPROVED on the 291h day of August, 2016.
SCHERTZ /SEGUIN LOCAL
GOVERNMENT CORPORATION
President, Board of Directors
Attest:
Secretary, Board of Directors
(SEAL)
27435548.2 J
Signature Page to the Resolution Approving the SWIRFT Financing Agreement Between
Schertz/Seguin Local Government Corporation and the Texas Water Development Board
EXHIBIT A
SWIRFT Financing Agreement
See Tab No.
27435548.2 A -1
RESOLUTION NO. SSLGC R16 -17
A RESOLUTION APPROVING THE BOARD PARTICIPATION
PROGRAM MASTER AGREEMENT BETWEEN THE
SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION AND THE
TEXAS WATER DEVELOPMENT BOARD AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the Schertz /Seguin Local Government Corporation (the Corporation)
previously submitted an application to the Texas Water Development Board (the TWDB) for
financial assistance from its Board Participation Program (Board Participation Program); and
WHEREAS, the TWDB Board approved the Corporation's application requesting up to
$30,500,000 in Board Participation Program financial assistance, and as a condition precedent to
secure this financing assistance, the TWDB requires that the Corporation enter into a Master
Agreement (the Agreement), in substantially the form attached hereto as Exhibit A; and
WHEREAS, in accordance with the rules and regulations of the TWDB Board, the Board
of Directors (the Board) of the Corporation is required to adopt a resolution authorizing the
execution of the Agreement; now, therefore,
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SCHERTZ /SEGUIN
LOCAL GOVERNMENT CORPORATION THAT:
1. The Board authorizes the execution of the Agreement between the Corporation
and the TWDB in substantially the form attached hereto as Exhibit A. The President of the
Board, the Vice President of the Board, or the General Manager of the Corporation are also
hereby authorized to approve any amendments or revisions to this Agreement and its exhibits.
2. The President of the Board, the Vice President of the Board, or the General
Manager of the Corporation is hereby authorized to execute and submit to the TWDB the
Agreement, and the President or Vice President of the Board or General Manager of the
Corporation, together with Bond Counsel, Financial Advisor, and consulting engineers named in
the Board Participation Program application, are authorized to appear before the TWDB in
support of such Agreement.
3. The President of the Board, the Vice President of the Board, or the General
Manager of the Corporation is further specifically authorized to make the required assurances to
the TWDB in accordance with the rules, regulations, and policies of the TWDB.
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 Corporation.
5. 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.
27466891.2
6. This Resolution shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
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
Corporation hereby declares that this Resolution would have been enacted without such invalid
provision.
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.
9. This Resolution shall take effect immediately upon its passage.
27466891.2 2
PASSED, ADOPTED AND APPROVED on the 291h day of August, 2016.
SCHERTZ /SEGUIN LOCAL
GOVERNMENT CORPORATION
President, Board of Directors
Attest:
Secretary, Board of Directors
(SEAL)
27466891.2 J
Signature Page to the Resolution Approving the Board Participation Program Master Agreement Between
Schertz /Seguin Local Government Corporation and the Texas Water Development Board
*:4:II:30 r_1
Master Agreement
See Tab No.
27466891.2 A -1
City Council Meeting:
Department:
Subject:
BACKGROUND
Agenda No. 6
CITY COUNCIL MEMORANDUM
August 30, 2016
City Manager
Resolution 16 -R -70 - Consideration
and/or action approving a resolution
authorizing a letter of permission to
the Texas Department of State
Health Services allowing a new EMS
Transport Provider to be licensed
within the City. (D. Wait /D. Wait)
In 2013, the Texas Legislature passed HB 3556 to reduce the amount of healthcare fraud that
was present in the EMS industry across the State. On section of this Bill required any new
EMS Provider to get a letter of permission from the jurisdiction within which the
organization was going to be located and operate. This letter requirement put the onus on the
local jurisdiction to attest that a new EMS Provider would not adversely affect the current
EMS Providers operating within the jurisdiction and that a new provider would also help
fulfill a need within the jurisdiction.
Since the passage of this bill, the City has not received any requests for a letter of permission
until now. Approximately two (2) years ago, BCFS Health and Human Services Emergency
Management Division (BCFS) leased property off of F.M. 3009 to place all of their
emergency response equipment and to base their Emergency Management Division from that
location. Since this time, BCFS has worked with Schertz public safety agencies to help us be
better prepared for disasters and to assist with various tasks around the City. This culminated
during the July 4th Jubilee when the BCFS large incident command trailer was used for the
coordination of the public safety functions related to the holiday events.
BCFS's Emergency Management Division specializes in the sheltering, feeding and caring
for those displaced due to manmade or natural disasters. They are internationally known and
work hand in hand with local jurisdictions to perform these vital functions all over the world.
Recently, BCFS proposed licensing two ambulances with the Texas Department of State
Health Services to be used during sheltering operations to reduce the impact on the local
public safety agencies that are often inundated with responding to the disaster within its
borders. This plan will be tremendously useful to local jurisdictions when and if needed.
In order to implement this plan, BUS must have a letter of permission to operate within a
jurisdiction in order to get their initial license. This same piece of legislation also allows an
EMS Provider to operate anywhere during a declared disaster. This means that BUS needs
this letter of permission from the City, even though they may never operate their ambulances
on our streets. This would then allow them to respond to disasters across the State with their
ambulances.
Secondary to this request, BUS has offered these ambulances, as they have their other
equipment, to be used by the City of Schertz during any event that may require additional
support.
Community Benefit
To enable our local Emergency Management responders to have additional resources to help
communities across Texas, and if needed, here in Schertz, in order to better respond to
natural and manmade disasters.
Summary of Recommended Action
Staff recommends approval of Resolution No. 16 -R -70 authorizing the Mayor to sign the
letter of permission for BUS Health and Human Services Emergency Management Division
to allow them to complete their licensing application for an EMS Provider License.
FISCAL IMPACT
This has no fiscal impact to the City of Schertz
RECOMMENDATION:
Approval of Resolution 16 -R -70 authorizing the Mayor to sign the letter of permission for
BUS Health and Human Services Emergency Management Division to complete their
licensing application for an EMS Provider License.
ATTACHMENT(S)
Resolution 16 -R -70
DSHS Letter of Permission
BCFS Request for Support
RESOLUTION NO. 16 -R -70
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE SIGNING OF A LETTER OF
PERMISSION FOR BCFS HEALTH AND HUMAN SERVICES
EMERGENCY MANAGEMENT DIVISION TO ACQUIRE A TEXAS
DEPARTMENT OF STATE HEALTH SERVICES EMS PROVIDER
LICENSE, AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has received a request for a
"Letter of Permission" to provide ambulance service within the City of Schertz from the BCFS
Health and Human Services Emergency Management Division; and
WHEREAS, Such letters are now required for new EMS Providers by Texas
Administrative Code Chapter 157.11, Requirements for an EMS Transport Provider License; and
WHEREAS, City staff has determined that BCFS's request is to have ambulances
available to their staff during disaster responses across the State of Texas; and
WHEREAS, BCFS will be able to utilize these ambulances in support of Schertz EMS
during large multi - casualty incidents and for large city events when and if requested; and
WHEREAS, City staff has determined that this letter of permission will have no
detrimental effects on the provision of EMS within the City Limits or upon the City's EMS and
other EMS providers operating in the City.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the Mayor to sign the Letter of
Permission as set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 30th day of August, 2016.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
EXHIBIT A
TEXAS DEPARTMENT OF STATE HEALTH SERVICES
EMS TRANSPORT PROVIDER LICENSE
LETTER OF PERMISSION
50448599.1 A -1
BC --t-TS Kevin C. Dinnin
June 30, 2016 President
Health and Human Services - Est. 1944
Mayor Michael Carpenter
Administrative City of Schertz
Headquarters 1400 Schertz Parkway
Schertz, TX 78154
1506 Bexar Crossing
San Antonio, Texas 78232
Dear Mayor Carpenter:
(210) 832 -5000
Fax: (210) 832 -5005 As required by the Health and Safety Code, Title 9. Safety, Subtitle B.
Emergencies, Chapter 773, Emergency Medical Services, I am writing to request a Letter
www.BCFS.net of Approval from the City of Schertz, to authorize the storage and operation of Basic Life
Support (BLS) Ambulances within your jurisdiction. More precisely, your Letter of
wwwDiscoverBCFS.net Approval is needed to allow us to license these units through the Texas Department of
State Health Services.
These BLS Ambulances, with bariatric capability, will be used exclusively
during emergency conditions by our Emergency Management Division (EMD) within the
State of Texas during disasters or other emergencies in which our resources have been
tasked by a governmental entity. These units will not be available to hire by the general
public and can only be activated for use by an appropriate governmental entity.
Relative to Chapter 773.0573, "Letter of Approval from Local Governmental
Entity," services and care provided via these units are intended solely for support of
government during emergency conditions. Key points in our request are that these units:
1. Will not interfere with or adversely affect the provision of emergency medical
services provided by the City of Schertz, due to the fact that the EMD unit(s) will
not respond to requests from the general public.
2. Will not cause an oversupply of licensed emergency medical service providers in
the City of Schertz, due to the fact that these units will be operated for
government missions and operations and not for dispatch to requests from the
general public.
3. Can remedy an ambulance shortage during periods of high- demand caused by
disaster - related and/or other incidents or events that cannot be resolved by City
of Schertz resources; EMD would make the unit(s) available to the City of
Schertz to utilize as necessary and upon request.
BCFS HHS is one of six entities within the BUS System of non - profit
organizations, which is an international, tax - exempt 501(C)(3) corporation headquartered
in San Antonio, Texas. Our Emergency Management Division (EMD) focuses on many
aspects of emergency management, including response and recovery. EMD has multiple
emergency response contracts that can be activated for emergency operations for the
Federal Government, State governmental entities as well as many local jurisdictions.
Your consideration regarding this request is appreciated. Should you have
questions and/or require additional information, please do not hesitate to contact me at
(210) 832 -5000.
Respectfully,
evin C. Dinnin
Arizona • California • Colorado • Florida • Illinois - New York • Ohio • Oregon • Tennessee • Texas • Washington, D.C.
Africa • Eastern Europe • Latin America • Southeast Asia
August 30, 2016
Texas Department of State Health Services
Office of EMS and Trauma
PO Box 149347
Austin, TX 78714 -9347
TO WHOM IT MAY CONCERN:
The City of Schertz has received a request for a letter of approval from BUS Emergency Management to
obtain an EMS Provider License. BUS has operations in the City of Schertz and stores all of their
disaster response equipment within our City Limits. BUS has represented to the City that they desire to
have licensed ambulances to be used during their official disaster operations around the State of Texas
and they have graciously extended the use of these units for mutual aid when feasible to assist our city
EMS department.
After studying BCFS's plan, the City attests to the following:
• The addition of BUS as a licensed EMS provider will not interfere with or adversely
affect the provision of EMS by the licensed EMS providers operating in our city limits.
• The addition of BUS as a licensed EMS provider within our city limits could be beneficial
during times of large event coverage or during large mass - casualty events by providing
additional ambulances to assist during these high volume times.
• The addition of BUS as a licensed EMS provider will not cause an oversupply of licensed
EMS providers operating in our city limits.
This letter was presented and approved by the City of Schertz City Council at a regular meeting on
August 30, 2016. Please feel free to contact the City should you have any further questions or
comments.
Sincerely,
Michael R. Carpenter
Mayor, City of Schertz
Agenda No. 7
CITY COUNCIL MEMORANDUM
City Council Meeting: August 30, 2016
Department:
Subject:
BACKGROUND
Development Services
Ordinance No. 16 -S -31 — Conduct a public
hearing and consideration and/or action
approving an Ordinance imposing a
moratorium on property development due to
prevent a shortage of essential public
facilities generally in the area from IH -10 to
approximately 2,000 feet North of Lower
Seguin Road between FM 1518 and the
western boundary of the City Limits. Final
Reading (B. James /B. James)
The Texas Local Government Code, Section 212 Subchapter E Moratorium on Property
Development provides that in certain circumstances cities may impose a moratorium on property
development in the event that there exists a demonstrated need to prevent a shortage of essential
public facilities or a significant need for public facilities. In order to impose a moratorium certain
notice and public hearing requirements must be met within a specified time frame. The
imposition of the moratorium is based on written findings that provide evidence demonstrating
the extent of the need beyond the estimated capacity of existing essential public facilities or a
significant need for public facilities that is expected to result from new property development.
As City Council is aware the City of Schertz is experiencing tremendous growth in southern
Schertz. Much of this area is located in the flight path of Joint Base San Antonio Randolph. Base
operations present unique hazards as are outlined in the 2015 Joint Base San Antonio Randolph
Land Use Study especially considering the bird strike hazard which Council adopted per
Resolution 15 -R -96 that includes strategies and timeframes to mitigate these hazards. While the
City is in process of planning for a Fire Station #3 in this area, the particular hazards from JBSA
Randolph necessitate additional measures to ensure this hazard is mitigated. These hazards
associated with JBSA Randolph operations and existing development patterns create a
significant need for public facilities, in particular fire facilities. A failure to provide these
facilities given the current land uses, zoning, and land use designations coupled with Base
operations would result in an overcapacity of these facilities that are detrimental to the health,
safety, and welfare of residents of Schertz.
In order to impose the moratorium, Council must hold this public hearing, a public hearing must
be held at the Planning and Zoning Commission on August 24, and again at City Council on
August 30. This will allow the imposition of a moratorium for up to 120 days while the City
City Council Memorandum
Page 2
works to alleviate the problem of a lack of capacity of fire facilities in this area. Attached is the
written report required by the Texas Local Government Code.
City Council approved this on first reading at their meeting of August 23, 2016.
Goal
To achieve the goals and objectives of the City Comprehensive Land Plan including managing
growth in a manner that allows services and facilities to keep pace with development including
providing local emergency health facilities and fire protection throughout the community.
Promoting the use of areas near Joint Base San Antonio Randolph that are sensitive to the
recommendations of the Joint Base San Antonio Randolph Land Use Study including
acknowledging the unique hazards posed in certain areas by Base operations.
Community Benefit
Prevent a shortage of essential fire facilities in the subject area given the current proximity of
existing fire stations within the City of Schertz and the unique hazards in this area as a result of
being within and near the Accident Potential Zones and Clear Zone of Joint Base San Antonio
Randolph that would result in an overcapacity of public facilities and that would be detrimental
to the health, safety, and welfare of the resident of the municipality.
Summary of Recommended Action
Staff recommends that Council approve Ordinance 16 -S -31 on final reading.
FISCAL IMPACT
None
RECOMMENDATION
Approval of Ordinance 16 -S -31 on final reading.
ATTACHMENT
Resolution 15 -R -96 Adopting the JBSA Randolph JLUS 2015
Ordinance 16 -S -31
Written Findings Justifying the Need for a Moratorium Given the Significant Need for Public
Fire Facilities
ORDINANCE NO. 16 -S -31
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS IMPOSING A MORATORIUM ON BOTH RESIDENTIAL AND
COMMERICAL PROPERTY DEVELOPMENT DUE TO A NEED TO PREVENT
A SHORTAGE OF ESSENTIAL PUBLIC FACILITIES GENERALLY IN THE
AREA FROM IH -10 TO APPROXIMATELY 2,000 FEET NORTH OF LOWER
SEGUIN ROAD BETWEEN FM 1518 AND THE WESTERN BOUNDARY OF
THE CITY LIMITS PROVIDING A REVERSIONARY CLAUSE; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Schertz adopted the 2015 Joint Base San Antonio Randolph
(JBSA Randolph) Joint Land Use Study (JLUS) by Resolution 15 -R -96, and
WHEREAS, The JBSA Randolph JLUS outlines specific hazards to the areas around the
base, particularly near the Clear Zones and Accident Potential Zones which are further
exacerbated due to high bird strike hazards, type of aircraft and volume of operations, and
WHEREAS, The 2015 JBSA Randolph JLUS identifies particular incompatibility issues
due to conflicts with certain land uses and identifies incompatible land uses that were
previously considered compatible, and
WHEREAS, The hazards to the areas within Schertz posed by JBSA Randolph flight
operations are unique to the areas around JBSA Randolph and require specialized training
and equipment, and
WHEREAS, The area in question is experiencing tremendous growth and development
pressure and that development in the area is creating significant needs for fire facilities,
and
WHEREAS, The existing development regulations and ordinances are inadequate to
prevent and overcapacity of municipal infrastructure and being detrimental to the health,
safety and welfare in this area as is demonstrated by current response times and the
number of permits issued around and in this area, and
WHEREAS, Only by imposing a moratorium in this area can the City implement
working plan for designing a new fire station and outlining needed equipment to deal
with the hazard posed by flight operations in conjunction with implementing the
strategies of the 2015 JBSA Randolph JLUS to reduce hazards, and
WHEREAS, Section 212 Subchapter E of the Texas Local Government Code allows the
impositions of a moratorium on property development on both residential and
commercial property, and
WHEREAS, the City Council has found per Exhibit A that evidence exists
demonstrating that applying existing development ordinances or regulations and other
applicable laws are inadequate to prevent the new development from causing the
overcapacity of municipal infrastructure and being detrimental to the public health,
safety, and welfare in this area, and
WHEREAS, the City Council found evidence demonstrating that alternative methods of
achieving the objectives of the moratorium are unsatisfactory, and
WHEREAS, the City Council has found evidence of a working plan and time schedule
to achieve the objectives of the moratorium, and
WHEREAS, All required notices have been provided, and
WHEREAS, on August 23, 2016, the City Council held a first public hearing and
considered this ordinance for which notice was published, and
WHEREAS, on August 24, 2016, the Planning and Zoning Commission held a public
hearing to consider this ordinance imposing a moratorium, and
WHEREAS, on August 30, 2016, the City Council conducted a public hearing and
determined that this request is in the interest of the public safety, health, and welfare;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF SCHERTZ,
TEXAS THAT:
Section 1. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as
a part of the judgment and findings of the Council.
Section 2. The City hereby adopts a moratorium on both residential and commercial
property development due to a need to prevent a shortage of essential public facilities
generally in the area from IH -10 to approximately 2,000 feet north of Lower Seguin Road
between FM 1518 and the western boundary of the City Limits for 120 days.
Section 3. All ordinances, 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.
Approved on first reading the 23rd day of August, 2016.
PASSED, APPROVED AND ADOPTED on final reading the day of August, 2016.
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
(CITY SEAL)
Exhibit A
Justification of a Moratorium on Both Residential and Commercial Development due to a
Significant Need for Public Facilities
Written Findings
RESOLUTION NO. 15 -R -96
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS ADOPTING THE RANDOLPH JOINT LAND USE
STUDY (JLUS); AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City of Schertz (the "City ") participated in the development of the
Randolph JLUS through its membership on the Executive Committee and Advisory Committee:
and
WHEREAS, Joint Base San Antonio Randolph is key in protecting our Nation's
security and is an important economic engine contributing to the local and regional economies
through annual payroll, annual expenditures, and value of jobs created; and
WHEREAS, compatibility issues associated with the growing population and expansion
of developed land within the City of Schertz and it's Extraterritorial Jurisdiction and the existing
and potential future missions of Joint Base San Antonio Randolph are likely to increase; and
WHEREAS, the goal of the Randolph JLUS is to protect the viability of current and
future military training operations, while simultaneously guiding community growth, sustaining
the environmental and economic health of the region, and protecting public health, safety, and
welfare; and
WHEREAS the City of Schertz played a critical role in the development of the Randolph
JLUS and the City's input provided technical guidance relevant to the City's policies,
regulations, culture and values; and
WHEREAS the general public was instrumental in the development of the Randolph
JLUS and strategies by providing their perspective and feedback; and
WHEREAS the Randolph JLUS strategies incorporate a variety of actions that can be
implemented to promote compatible land use and resource planning; and
WHEREAS one important element of implementation of the strategies is establishment
of the Randolph JLUS Implementation Task Force to work together to establish procedures,
recommend or refine specific action for member agencies, and make adjustments to strategies
over time to ensure the Randolph JLUS continues to resolve key compatibility issues through
realistic strategies and implementation; and
WHEREAS adoption of the strategies may require public input and engagement, input
from City boards and commissions, and further action by City Council through the adoption of
ordinances; and
WHEREAS a key first step in prioritizing the strategies for evaluation as to how to
appropriately implement the strategies is the adoption of the plan by the City of Schertz City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. The City Council adopts the JBSA - Randolph Joint Land Use Study as set
forth in Exhibit A and directs City Staff to develop processes to evaluate and implement the
strategies applicable to the City of Schertz as appropriate.
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 17th day of November, 2015.
ATTEST:
Via."
Brenda Dennis, City Secretary
(CITY SEAL)
CITY OF SCH T , TEXAS
Mayor Michael R. Carpenter
2
EXHIBIT A
JBSA- Randolph Joint Land Use Study
ON
Justification for Moratorium: Significant Need for Public Facilities- Fire
Written Findings
The significant need for fire facilities in southwestern Schertz, coupled with increased
development in the area, in light of the flight mission from Joint Base San Antonio -
Randolph (JBSA- Randolph) would be detrimental to the health, safety, and welfare of
the residents of Schertz.
1. Evidence demonstrating that applying existing development ordinances or
regulations and other applicable laws is inadequate to prevent the new
development from causing the overcapacity of municipal infrastructure or being
detrimental to the public health, safety, and welfare of the affected geographical
area;
Over the course of the last few years, Schertz has experienced a tremendous amount of
growth in southern Schertz, the areas generally bounded by IH -10, the Cibolo Creek, FM
78 and the western boundary of the City. The development has been primarily residential,
with projects such as Laura Heights, Hunter Estates, Ivy Estates, The reserve at Schertz,
The Crossvine, Willow Grove, and Rhine Valley. These are in addition to Schertz Forest
and Sedona that were developed a few years earlier. Two schools have also been
constructed in southern Schertz, Corbett Junior High and the Washington Tyrannus
School of the Arts. This has significantly altered the character of the area and imposed a
tremendous need for additional infrastructure, including fire protection, sewer service,
improved road networks, police protection, water service and drainage.
A number of efforts are underway to provide additional infrastructure capacity in this
area. The City and the Cibolo Creek Municipal Authority (CCMA) are working to
construct a sewer treatment plant near IH -10 and the Cibolo Creek. The City has also
applied for a Certificate of Convenience and Necessity (CCN) for sewer collection with
the Texas Commission on Environmental Quality (TCEQ) has entered into an interlocal
agreement with the San Antonio River Authority (SARA) for the part of southern Schertz
in the San Antonio River Authority's (SARA) CCN. The City has engaged Freese and
Nichols, Inc. to update the City's thoroughfare plan and craft a roadway impact fee
ordinance. This is especially critical given the limited access to southern Schertz from the
rest of the City where the Police and Fire Department facilities are located. Finally, to
provide additional water capacity, the City acquired a tract of land in southern Schertz
and has entered into a contract for the design of a 1 million gallon elevated storage tank.
Despite the current lack of infrastructure, development has continued at a rapid pace.
The primary concern in this area is a lack of fire protection. The Fire Department has
indicated that the average response time for Engine 1 to Laura Heights is 20:38 minutes
(median time is 19:56). For Sedona it is 11:77 minutes on average and median response
time is 11:63 minutes. This has led the City to rely increasingly on our neighboring City
of Converse to supplement the fire protection for this area which strains their resources as
well.
This development activity is occurring under the City's current development ordinances
and is expected to continue into the future. Additional efforts by the City to provide
additional infrastructure mentioned above— water (elevated storage tank) sewer (CCMA
treatment plant), improved road network which benefit existing residents, also adds
capacity to meet the needs of future development and is likely to increase development in
the area.
2. Evidence demonstrating that alternative methods of achieving the objectives of
the moratorium are unsatisfactory; and
In an effort to provide adequate fire protection to the area, the City of Schertz works with
neighboring communities including the cities of Converse and Cibolo. While this
assistance is critical it is not sufficient to provide adequate fire protection to this area. The
Converse and Cibolo Fire Departments must provide fire protection to their communities
and as such may not have adequate resources when called upon to respond. Additionally,
their proximity to the area does not provide for desired response times. In June 2015 the
City entered into an agreement with the Alamo Area Council of Government (AACOG)
regarding mutual aid for emergencies and recovery. This is only used for larger incidents,
not more routine incidents that are experienced more often. Despite all of these efforts,
additional fire resources, primarily staff, equipment and a fire station/public safety
facility are needed to adequately serve this area. As part of the City's Facilities Master
Plan effort, Mike Pietsch, P.E. Consulting Services, Inc. was retained to assist developing
a master fire station plan. The report recommends the next station be constructed in this
area in the vicinity of FM 1518 and Ray Corbett Drive to mitigate the "excessive travel
distance from existing Fire Station #1 to the southern section of Schertz. This is in part
due to the limited access to the area from the existing fire stations as the only route into
the area from the rest of Schertz is via FM 1518 which can be impacted in flooding
situation. This location is intended to eliminate potential or existing ISO class 10 (no
recognized fire protection) areas and improved the ISO rating. The ongoing development
further stretches the fire resources that are serving this area.
3. Evidence demonstrating that the municipality has approved a working plan and
time schedule for achieving the objectives of the moratorium.
The City Council created a bond committee to prioritize future bond needs. The highest
priority at this point is a future public safety facility that would serve to provide fire
protection to this area. The bond election was held November 2015 and citizens approved
funding for a new public safety facility in southern Schertz.
The working plan to provide adequate fire services for this area is to hire additional fire
personnel in FY 2015 -16 and future years so that when the station is complete in early
2018 staffing for the station exists. Ongoing steps include hiring additional fire personnel
for the next two years to achieve adequate staffing when the station is anticipated to open.
Having certainty on funding for the fire station and new firefighters would allow the city
to allow finalize the station location and begin design. The City will also work over the
next 4 months to analyze the recently approved JBSA- Randolph Joint Land Use Study
(JLUS) to determine any changes to land uses and development regulations to reduce the
risk to individuals and property in the area in light of the increased hazards associated
with the fight training mission at Randolph that are outlined in the JLUS. Staff will also
consider this in developing the plans for the new fire station, including its design and
equipment as well as training of staff.
Agenda No. 8
CITY COUNCIL MEMORANDUM
City Council Meeting: August 30, 2016
Department: Finance
Subject: Public Hearing — Fiscal Year 2016 -17
Budget and First Reading of Ordinance
No. 16 -T -29
BACKGROUND
In accordance with applicable statutes and the City Charter, the City Manager submitted a budget
proposal to the City Council for consideration. The City Council held the first public hearing on
August 23, 2016 on the proposed FY 2016 -17 budget, including the budget of the Schertz
Economic Development Corporation.
This is the second public hearing and first reading of the budget ordinance. Council will take the
second and final vote to adopt the proposed City FY 2016 -17 budget at the next regularly
scheduled Council meeting on September 6, 2016 at 6:00 P.M. in the City Council Chambers.
FISCAL IMPACT
General Fund
$28,516,699
Special Events Fund
130,350
PEG Fund
108,600
Water & Sewer Fund
20,574,656
EMS Fund
8,928,351
Drainage Fund
1,122,764
Hotel Tax Fund
260,995
Park Fund
185,000
Tree Mitigation
142,000
Capital Recovery -Water
156,000
Capital Recovery -Sewer
235,500
Tax I &S Fund
6,614,581
Library Fund
22,000
Historical Committee
11,750
SEDC
2,062,617
Total
$69,071,863
City Council Memorandum
Page 2
RECOMMENDATION
Staff recommends that the Mayor open the public hearing, take comments, then close the public
hearing. Staff further recommends that the City Council approve first reading of Ordinance No.
16 -T -29, adopting the budget for the fiscal year beginning October 1, 2016 and ending
September 30, 2017.
ATTACHMENT
Ordinance No. 16 -T -29
ORDINANCE NO. 16 -T -29
AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2016, AND ENDING SEPTEMBER 30,
2017, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF
SCHERTZ, TEXAS; PROVIDING FOR THE FILING OF THE
BUDGET; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Schertz is a home rule city acting under its charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the City Manager of the City of Schertz submitted a budget proposal to the
City Council prior to the beginning of the fiscal year, and in said budget proposal set forth
the estimated revenues and expenditures and made the detailed classification as required by
the City Charter of the City of Schertz, Texas; and
WHEREAS, the City Council finds that all provisions pertaining to the adoption of a budget
contained in the City Charter have been in all things complied with; and
WHEREAS, a Public Hearing was held by the City Council of the City of Schertz, Texas on
the 23rd day of August, 2016, and the 30th day of August, 2016; and
WHEREAS, after a full and final consideration, the City Council is of the opinion that the
budget should be approved and adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, THAT:
SECTION 1.
The budget of the expenditures of the City of Schertz for the ensuing fiscal year beginning
October 1, 2016, and ending September 30, 2017, as modified by the City Council, be, and
the same is, in all things, adopted and approved as the said City of Schertz budget for the
Fiscal Year beginning the first day of October, 2016, and ending the thirtieth day of
September, 2017.
SECTION 2.
The sums below are hereby appropriated from the respective funds for the payment of
expenditures on behalf of the City government as established in the approved budget
document:
2015 -2016 Budget
General Fund
$28,516,699
Special Events Fund
$
130,350
PEG Fund
$
108,600
Water & Sewer Fund
$20,574,656
EMS Fund
$
8,928,351
Drainage Fund
$
1,122,764
Hotel Tax Fund
$
260,995
Park Fund
$
185,000
Tree Mitigation
$
142,000
Capital Recovery -Water
$
156,000
Capital Recovery -Sewer
$
235,500
Tax I &S Fund
$
6,614,581
Library Fund
$
22,000
Historical Committee
$
11,750
SEDC
$ 2,062,617
Total
$69,071,863
SECTION 3.
A true and correct copy of this ordinance along with the approved budget attached hereto,
and any amendments thereto, shall be filed with the City Secretary. In addition, the City
Manager is hereby directed to file or cause to be filed a true and correct copy of this
ordinance along with the approved budget attached hereto, and any amendments thereto, in
the office of the County Clerk of Guadalupe, Comal, and Bexar Counties, Texas, as required
by law.
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Schertz, Texas (2006), as amended, except where the provisions of
this ordinance are in direct conflict with the provisions of such ordinances and such Code, in
which event the conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 5.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph, or section.
SECTION 6.
This ordinance shall be in full force and effect from and after its final passage, and it is so
ordained.
PASSED AND APPROVED ON FIRST READING THIS 23rd DAY OF AUGUST
2016.
Michael Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
PASSED AND APPROVED ON SECOND READING THIS 6th DAY OF
SEPTEMBER 2016.
Michael Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
Agenda No. 9
CITY COUNCIL MEMORANDUM
City Council Meeting: August 30, 2016
Department: Finance
Subject: Public Hearing and first Reading
Ordinance No. 16 -T -30 - FY 2016 -17 Tax
Rate
BACKGROUND
At the August 9, 2016 regular session the City Council, by record vote, established a proposed
preliminary maximum tax rate of $0.4911, per $100 of value, with the M &O rate at $0.3168 and
the I &S portion of $0.1743. The proposed rate is not subject to rollback.
In accordance with Chapter 26.05(d) of the State's Property Tax Code, a governing body must
hold 2 public hearings on the tax rate if the proposed tax rate exceeds the lower of the Effective
or Rollback Tax Rate. In this case the hearings are required as the proposed rate exceeds the
effective rate.
The first required public hearing was held on August 23, 2016 regular session of City Council.
The second required public hearing will be conducted at the August 30, 2016 regular session.
During the final tax rate adoption process Council can approve a lower rate at that time, however
they will not be able to approve a rate higher than this without republishing the notices and
holding additional public hearings. Due to timing constraints set by the State Tax Code 26.05(a),
the latest council could set a new preliminary rate is August 30, 2016 without calling special
meetings.
FISCAL IMPACT
The proposed maximum rate maintains quality service to residents and businesses and provides
growth in service offerings based on input staff received from Citizens and Council from
Retreats, Community Meetings, and elections. The current property tax rate is $0.4911 per $100
valuation. The proposed maximum tax rate will remain the same at $0.4911 per $100 valuation.
The M &O portion of the property tax rate will increase to $0.3168 from $0.3159 per $100
valuation. The I &S portion will decrease to $0.1743 from $0.1752 per $100 valuation.
RECOMMENDATION
Staff recommends that the City Council approve Ordinance No. 16 -T -30 approving the Fiscal
Year 2016 -17 Proposed Tax Rate on first reading. The motion is "I move that property taxes be
increased by the adoption of a tax rate of $0.4911, which is effectively a 2.2% increase in the tax
rate."
City Council Memorandum
Page 2
ATTACHMENT
Ordinance No. 16 -T -30
ORDINANCE NO. 16 -T -30
AN ORDINANCE APPROVING THE APPRAISAL ROLL; SETTING
THE TAX RATE; LEVYING AND ASSESSING GENERAL AND
SPECIAL AD VALOREM TAXES FOR THE USE AND SUPPORT OF
THE MUNICIPAL GOVERNMENT OF THE CITY OF SCHERTZ,
TEXAS; APPORTIONING THE LEVIES FOR SPECIFIC PURPOSES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Schertz submitted a tax rate proposal to the
City Council prior to the beginning of the fiscal year, and in said tax rate proposal set forth
the estimated necessary tax rate required to provide adequate revenues for the general use
and support of the Municipal Government of the City of Schertz Texas; and
WHEREAS, the City Council finds that all provisions pertaining to the adoption of an ad
valorem tax rate have been in all things complied with; and
WHEREAS, a Public hearing was held by the City Council of the City of Schertz on the
23rd day of August, 2016 and a second Public Hearing was held on the 30th day of August
2016; and
WHEREAS, after a full and final consideration, the City Council is of the opinion that the
tax rate and ad valorem tax appraisal roll should be approved and adopted; and
WHEREAS, the taxes have been levied in accordance with the adopted 2016 -17 budget as
required by state law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, THAT:
SECTION 1.
The ad valorem tax appraisal roll and effective tax rate information as presented by the tax
assessor for the tax year 2016, be and is hereby in all things approved and adopted.
SECTION 2.
This tax rate will raise more taxes for Maintenance and Operations than last year's tax rate.
SECTION 3.
This tax rate will raise taxes for Maintenance and Operations on the average Home by
approximately $20.87.
SECTION 4.
There is hereby levied and assessed and there shall be collected for the tax year 2016 for the
general use and support of the Municipal Government of the City of Schertz, Texas a total ad
valorem tax of Forty-Nine Eleven Cents ($0.4911) on each One Hundred Dollars ($100.00)
of valuation of property — real and personal — within the corporate limits of the City of
Schertz, Texas, subject to taxation. The assessment ratio shall be One Hundred percent
(100 %).
SECTION 5.
The City Council of the City of Schertz, Texas, does hereby levy or adopt the tax rate on
$100.00 valuation for this city for tax year 2015 as follows:
1. 0.3168 for the purpose of maintenance and operation
1. 0.1743 for the payment of principal and interest on debt
2. 0.4911 total tax rate
SECTION 6.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of the ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage, and it is so
ordained.
SECTION 8.
Ad valorem taxes for the year are due and payable on October 1, 2016 and shall become
delinquent after January 31, 2017. A delinquent tax shall incur all penalty and interest
authorized by state law, Section 33.01 of the Property Tax Code. Taxes that remain
delinquent on and after July 1, 2017, incur an additional penalty of 15% of the amount of the
taxes, penalty and interest due, such additional penalty to defray the cost of collection as
authorized in Section 6.30 of the Property Tax Code. The City shall have available all rights
and remedies provided by law for the enforcement of the collection of taxes levied under this
ordinance.
SECTION 9.
Taxes are payable at the office of the counties of Comal, Bexar and Guadalupe.
PASSED AND APPROVED ON FIRST READING THIS 30th DAY OF AUGUST
2016.
Michael Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
PASSED AND APPROVED ON SECOND READING THIS 6th DAY OF SEPTEMBER 2016.
Michael Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary