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10-25-2016 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL OCTOBER 25,2016,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 COMMUNITY.SERVICE.OPPORTUNITY City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treats Work together cooperatively as a tea Call to Order — City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Fowler) Presentation - Presentation regarding the Fire Prevention Poster Contest Winners. (D. Wait/D. Covington) - Presentation regarding the Library Foundation Miniature Golf Event. (B. James /M. Uhlhorn) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof: Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the 10 -25 -2016 Council Agenda Dearing 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. I . Minutes — Consideration and /or action regarding the approval of the minutes of the Regular Meeting of October 1.1, 2016. (J. Kessel/B. Dennis) 2. Boards, Commission, Committee Appointments and Resignations — Consideration and/or action ratifying the appointment of Ms. Cindy Vigil as an alternate member to the Library Advisory Board and ratify the resignation of Mr. Eric Haugen from the Parks & Recreation Advisory Board and Transportation Safety Advisory Commission. (Mayor /Council) 3. Ordinance No. 16 -S -34 — Consideration and/or action approving an Ordinance on a request to rezone approximately 8 acres of land generally located at the Northwest Corner of FM 11.03 and Old Wiederstein, from Single Family Residential/ Agriculture, (R -A) to Neighborhood Services (NS). The property is specifically described as 7.128 acres of land out of the Rafael Garza Survey No. 98, Abstract No. 138, City of Schertz, Guadalupe County, Texas. Final Reading (B. James /L. Wood /E. Grobe) Discussion and Action Items 4. City of Schertz 2017 Master Calendar — Consideration and /or action regarding the approval of the City of Schertz 2017 . Master Calendar. (J. Kessel /S. Gonzalez) 5. Resolution No. 16 -R -81 — Consideration and/or action approving a Resolution authorizing the City Manager to enter into an agreement with A.U.C. Group LP for the Lease of a Pre- packaged Sewer Treatment Plant to expand waste water capacity at the Woman Hollering Treatment Plant. (D. Wait) 6. Resolution No. 16 -R -78— Consideration and approval of a Resolution approving a Bond Resolution previously adopted by the Board of Directors of the Schertz /Seguin Local Government Corporation authorizing the issuance of bonds designated as "Schertz /Seguin Local Government Corporation Contract Revenue Bonds, New Series 2016 (Texas Water Development Board Swirft Project Financing)"; acknowledging that these obligations were sold to the Texas Water Development Board pursuant to a financing agreement; 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; authorizing the Mayor, the City Manager, and the City Secretary of the City of Schertz, Texas to execute on behalf of the City of Schertz, Texas all documents in connection with this transaction; and other matters in connection therewith (D. Wait /J. Walters /M. McLiney /A. Friedman) 10 -25 -2016 City Council Agenda Page - 2 - 7. Resolution No. 16 -R -79 — Consideration and/or action approving a Resolution authorizing a grant application to FEMA for Assistance to Firefighters Grant to fund Fire equipment. (D. Wait/D. Covington /K. Long) Resolution No. 16 -R -80 — Consideration and/or action approving a Resolution authorizing expenditures in excess of $50,000, as approved in the FY 2016 -17 budget, for the City's Vehicle Replacement Program, and Communication Equipment. (D. Wait/J. Kurz) 9. Ordinance No. 16 -D -35 — Consideration and /or action approving an Ordinance amending the City Code of Ordinances by revising Section 86 -118 maximum limits in School Zones, establishing a school zone for the Founders Classical Academy, providing an effective date and declaring an emergency. First and Final Reading (B. James /K. Woodlee /C. Palomo) 1.0. Ordinance No. 16 -T -36 — Consideration and/or action approving an Ordinance authorizing a budget adjustment to fund street crossing improvements on Elbel Road. First Reading (D. Wait/D. Letbetter) 11. Resolution No. 16 -R -82 — Consideration and/or action approving a Resolution authorizing a Subdivision Improvement Agreement with Comal Independent School District. (B. James) Roll Call Vote Confirmation Requests and Announcements 1.2. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 13. 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. 1.4. 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 Executive Session 10 -25 -2016 City Council Agenda Page - 3 - 1.5. 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 prospects. • Project E -025 • Project E -026 Reconvene into Regular Session 1.5a. Take any necessary action based on discussions held in closed session under Agenda Item number 15. Roll Call Vote Confirmation Adiournment CERTIFICATION 1, 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 21st DAY OF OCTOBER, 2016 AT 3:30P.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. Pwevkda Devi,vi,bs Orenda Dennis, City Secretar I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2016. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. 10 -25 -2016 City Council Agenda Page - 4 - Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Councilmember Fowler — Place 1 Audit Committee Interview Committee for Boards and Commissions Interview Committee for Boards and Commissions Schertz Housing Board Liaison Investment Advisory Committee Randolph Joint Land Use Study (JLUS) Executive TIRZ II Board Committee Schertz Seguin Local Government Corporation Councilmember Azzoz — Place 2 Councilmember John — Place 3 Animal Control. Advisory Committee Lone Star :Rail. District Sweetheart Advisory Committee Mayor Pro -Tem Edwards — Place 4 Councilmember Thompson — Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 10 -25 -2016 City Council Agenda Page - 5 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: October 25, 2016 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a Regular Meeting on October 11, 2016. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular Meeting of October 11, 2016. ATTACHMENTS Regular Meeting of October 11, 2016. MINUTES REGULAR MEETING October 11, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October 11, 2016, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1.400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Jim Fowler Councilmember Daryl John Staff Present: Executive Director Dudley Wait City Attorney Charles Zech Call to Order — City Council Regular Session Mayor Pro -Tern Councilmember Councilmember Executive Director f Assistant to the City City Seire ary'Brem Mayor Carpenter called the meeting to order at 6:01 p.m. (Councilmember Thompson) Councilmember Thompson provided the of flags of the United States and the State of T and Student Edwards James ter Sarah Gonzalez T by the pledges of allegiance to the hers for the Day. (Mayor Robinson Loja and Corbett Jr. High, Stn , 7th Grade Brianna McGhee and Corbett Jr. High, Mayor Carpenter recognized City Secretary Brenda Dennis who stated this is the second year we have partnered with the Schertz Cibolo Universal City Independent School District Social Studies Coordinator Rebecca Williams to involve the 7th and 8Th Grade students in learning about local. government. She stated that she, as well as Councilmembers Fowler and Thompson, were very impressed with the students on how they interacted as they were provided an opportunity to hear a presentation from staff and deliberate amongst themselves to provide their thoughts regarding a possible change in the way the City is doing business. She stated the students received a small taste of what the Mayor and Councilmembers provide to the City. Ms. Dennis stated that with the assistance of Cpl. A. J. Arriaga from the Police department he proposed to the students a possible amendment to our City Noise Ordinance. The students discussed, deliberated and voted on a proposed amendment operating just as members of Council would. 1.0 -11 -201.6 Minutes Page - 1 - Mayor Carpenter recognized each student who provided information on what they learned today and thanked all those individuals involved in the program. Mayor Carpenter, City Manager John. Kessel and Social Studies Coordinator Rebecca Williams presented the students with certificates and plaques recognizing their participation in the City's Mayor /Councilmember Student for the Day Program. City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) Mayor Carpenter recognized Assistant to the City following announcements: • Sunday, October 9 — Saturday, October 1 • Wednesday, October 12, Groundbreaking Substation, 1.0:00 a.m., Intersection'` cif I Invitation from Commissioner Tommy Cale • Wednesday, October 12, Schertz Fire Dept IH 35 N, 6:00 p.m. Ceremony will include N of the Northeast op 1604 and Ri t, Precinct 4. invocation, ringing in and then everyone is mvi truck" event. Hotdoes and cako will be served. who provided the County Sheriff #2, Housing Ceremony, 19085 in elected and appointed officials, ),.narticinate in the first "wash the Civic Center — Bldg. Development meeting, House Invitation, 1:00 p.m. -3:00 p.m., are interested in attending please get with • Friday, October 21, Senior Center Spooktacular Halloween. Party, 6:00 p.m. at the Schertz Area Senior Center; costume contest, raffles and DJ. • Saturday, October 22, Community Clean -up Day at Mobil Villa Neighborhood, IH- 35 N. access road between Schertz Parkway and FM 3009 sponsored by Love Where You Live and the City of Schertz, 8:00 AM — 4:00 PM. Volunteers needed, for more information call Jesse Hamilton at 619 -1671 or Mr. Fowler 326 -6017. The cleanup will include yard work, tree trimming and minor maintenance for homes. Dumpsters provided for residents to bring non - hazardous items for disposal. • Saturday, October 22, Schertz Police Department Men's Softball Tournament, 2600 TX -21, San Marcos, San Marcos Gary Softball Complex, 8:00 AM. Proceeds given to 1.0 -11 -201.6 Minutes Page - 2 - families of the fallen offices involved in the Dallas shooting on July 7, 2016. Contact Adam Samaniego at the Police Department. • Saturday, October 22, SCUCISD Education Foundation Casino Night Fundraiser, 5:00 p.m. — 10:30 p.m., Schertz Civic Center. For more information go to their website at www.scucisdfoundation.com. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated he wanted to highlight last Tuesday evening when the City celebrated National Night Out.' A]] the City Council participated in getting out to many neighborhoods and he believes they averaged five neighborhoods per Councilmember with a total of about ` O ' Neighborhoods. Mr. Kessel thanked Officer Helen Lafitte who spearheaded all the coordination with the various HOA's for months and the City Secretary's office for coordinating the evert. This was very well received. As another tag -on, the Councilmember and Staff presented buttons which say "Vote Local — Vote Schertz ". We have been trying to make certain that citizens realize there is a local election both with the City and the;: School District that is not a partisan race and therefore you have to scroll down on the upcoming ballot to actually vote for the local candidates. We want to make sure we are encouraging citizens to vote and to vote local, vote Schertz. The Public Affairs team, Linda, Melissa, Chuck and others participated in this in- house design and did a great job A4th this campaign. Mf I ,Kessel stated that the City Secretary has been pushing this idea as well and,was;happy with the button. New Employee Recognitions: Proclamation • Proclamation recognizing Domestic Violence Awareness Month. (D. Wait/N. Solis - Douglass) Mayor Carpenter recognized Regional Crime Victim Liaison Nicole Douglass who accepted the proclamation. Workshop • Discussion and update regarding the License Plate Readers. (D. Wait /S. Pulaski) 1.0 -11 -201.6 Minutes Page - 3 - Mayor Carpenter recognized Executive Director Dudley Wait and Deputy Marshal Lt. Steve Pulaski who provided a PowerPoint presentation regarding the status of the License Plate Readers. The following were highlights from the presentation: Where we have been: • Contacted by Vigilant Solutions in June, 2015 . • Presentation to City Council, December 15, 2015 • Work done by involved departments and recommendation to NOT proceed with LPR's at this time - received June 10, 2016 ALPRS ( "free ") not recommended LPR (purchased) system desired at some point, but higher budget priorities at this time • Letter from DOJ received May 3, 2016 • Speeding: $384.10 • Failure to Appear $221.00 • Total; $605.10 • Colleetiuns (300/0, $181.53 which adds a d a plea, on a payrnent plan). Tpe system because case already outstanding amount is $325. es not appear for their court .,en adjudicated; citizen has not no, previous court appearance. ,,to the already in -place 30% LPR Fee (25 %0) $196:66 ,Grand Total $983.29 When violator comes before the Judge and case is adjudicated, Judge currently is assessing indigence level before sentencing per D.O.J. letter. A variety of options are used for those 'wo cannot pay before jail option is used. • Jf FTA warrant is found and no judge is available, they are taken directly to GCSO jail GCSO no longer keeps them pending a cash bond or for a penalty of a day per $100 owed, they are released on a Personal Recognizance Bond. • Texas Legislature considered three bills regarding License Plate Readers. • HB 2744: Would allow Law Enforcement Agencies and Municipal Parking Enforcement Agencies to use LPR's. Never heard in committee. • HB 3929: Would establish statewide rules and regulations allowing law enforcement agencies to use the cameras for four (4) specific purposes; establish a statewide database for the collected data; require annual reports as to how the data is used by individual departments and would have exempted the collected data from open records requirements. Heard in committee. • HB 121: Established that a capias warrant (and associated fees that allow it to be paid 10 -11 -2016 Minutes Page - 4 - in the field) could be paid by debit or credit card at the location where the person was encountered and then the person could be released. This bill passed and was signed by the Governor. Communities surveyed: Seguin is not using free system, have purchased cameras. Cibolo is not using free system, would like to purchase cameras. Alamo Heights is implementing free system but will not share their data and will not use other agency data. Kyle entered into an agreement and then cancelled it due to, "privacy concerns ". Mr. Wait and Lt. Pulaski addressed comr provided their individual comments rega pros and cons. After much discussion', it more information on the program address later time with a recommendation. Mayor Carpenter moved to agenda Item 7 stating evening waiting for this p4rticular item. and questions from Council. Councilmembers the program, vxpressing their views and listing the consensuses of Council to have staff get he concerns raised and come back to them at a there are individuals in the audience this 7. Ordinance N6.1,16-S-34, m<. Conduct a public hearing and consideration and/or action approving an Ordinance on a I request to rezone approximately 8 acres of land generally PH located at the Northwest Corner . of FM 1103 and Old Wiederstein, from Single Family Residential/ Agriculture, (R -A) to Neighborhood Services (NS). The property is specifically describe el as 7.128 acres,, of land out of the Rafael Garza Survey No. 98, Abstract No. 138, City of Siwhrtz, Guadalupe County, Texas. First Reading (B. James /L. Wood/E. Grobe) The followine was read into record: ORDINANCE NO. 16 -S -34 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 8 ACRES OF LAND FROM SINGLE - FAMILY RESIDENTIAL / AGRICULTURAL DISTRICT, (R -A) TO NEIGHBORHOOD SERVICES DISTRICT (NS). Mayor Carpenter recognized Planner I Emily Grobe who stated Foresight Group, Inc. is requesting to rezone approximately 8 acres of land from Single Family Residential/ 1.0 -11 -2016 Minutes Page - 5 - Agricultural (R -A) to Neighborhood Services (NS). There currently is a house on the property that will be demolished with the redevelopment of this property. The public hearing notice was published in "The Daily Commercial Recorder" on September 16, 2016 and the "Herald" on September 21, 2016. Thirty -three (33) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on September 1, 2016, prior to the Planning & Zoning Commission meeting that took place on September 14, 2016. . At the time of this report being prepared, staff received three (3) responses in favor and four (4) responses opposed to the request. The Comprehensive Land Use Plan section which describes this area was adopted in 2002. At that time the* subject property and surrounding area were zoned for single - family residential uses. No City initiated zonings were undertaken to rezone these properties from residential to industrial and subsequently the adjacent area developed as single - family residential with the creation of the Belmont Park, and Riata Subdivisions, whose master development plans were approved in 2003 and 2006 respectively. The development of the Riata and Belmont Park subdivisions created a change in conditions for the surrounding area and for the subject property. The 2013 . Schertz Sector Plan amendment to the Comprehensive Land Use Plan focused on the northern and southern areas of Schertz and did not examine this area. Since the Schertz Sector Plan amendment did not review this area, the subject property along with the Riata and 1.0 -11 -201.6 Minutes Page - 6 - Belmont Park Subdivisions are still identified on the Future Land Use Plan as Industrial use despite being single family. The Comprehensive Land Use Plan specifically describes that industrial zoning should not be directly adjacent to residential uses. As such Staff looked to the Comprehensive Plan as a whole to offer guidance. The hard corner of FM 1.103 and Old Wiederstein Road is what the Comprehensive Land Use Plan would consider a node for commercial development. In keeping with the commercially desired land use described in the Comprehensive Land Use Plan, Neighborhood Services is an alternative that would allow for limited service and retail uses to more conveniently accommodate the needs of the nearby residential uses and existing "' commercial uses. The Planning and Zoning Commission conducted the public herring on September 14, 2016 . and offered a recommendation of approval by a unanimous vote. Staff recommends approval of the rezoning request based on its compatibility with the adjacent" land uses and compliance with the Comprehensive Land Plan. Ms. Grobe addressed comments and questions from Council. Mayor Carpenter opened the public hearing and recognized the following: Carpenter recognized Mr. Patrick Christianson who stated that they are primarily ra a CVS Pharmacv. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro - Tem Edwards to approve Ordinance No. 16 -5 -34 first reading. The vote was unanimous with Mayor Pru -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 8. Discussion regarding placing an item or items on a future city council agenda or agendas - Discussion and possible action regarding the placement of an item or items on a future city council agenda for the purposes of discussing, instructing the City Manager to modify, change, end, re -open or otherwise redirect a police department investigation, particularly as it pertains to the investigation into the murder of Henry Gutierrez. (Mayor /Council) 1.0 -11 -201.6 Minutes Page - 7 - Mayor Carpenter stated that this is not something that they have done often. He said the discussion this evening is about whether or not we are going to put this item on a future agenda—it is not a time to discuss the merits or things they might discuss under a regular agenda item. Any philosophical discussion should be limited and/or handled under Item 9. Councilmember Azzoz stated that last week he simply requested this be put on the agenda to ask the City Manager to ask the Chief of Police to ask for outside help in this matter. He did not recall asking for it to be a discussion. Mayor Carpenter responded that he had then stated we will put this on the agenda for discussion of whether it should be placed on an agenda and no one objected at that time. He feels this is the appropriate course ,o action now. Councilmember Fowler stated he thinks it is not appropriate, "a they cannot take any action against the Police Department. Councilmember Thompson I "said Ite-does not believe the City Council has the expertise, training, background, etc. 1f they adopt this it will go against what is stated in the City Charter as to what Council may and may not do. Councilmember Thompson who moved, seconded by lace an item ,6r,items on a future city council agenda for the pg the City Manager to modify, change, end, re -open or ;party er1 investigation, particularly as it pertains to the Henry Gutierrez. The vote was 4 -1 -0 with Mayor Pro -Tem wler, John and Thompson voting for and Councilmember of residents section of the agenda. Mayor Carpenter recognized the following individuals who spoke: • Mr. Glen Outlaw, 3729 Forsyth Park who extended an invitation to anyone who likes to ride motorcycles. This Sunday, October 16, at Texas Pride BBQ on FM 1604 is the 4th Annual San Antonio Ride for Kids - an event of the Pediatric Brain Tumor Foundation of the U.S. It is a fundraiser for curing pediatric brain cancer. They expect to see between 100 -200 motorcycles out there. Registration is 8:00 -9:30 a.m. with the ride starting at 10:00 a.m. It is a police escorted ride. There is no charge to participate in the ride; however, a donation of $40 is suggested. 1.0 -11 -2016 Minutes Page - 8 - Mayor Carpenter moved back to the workshop items on the agenda. Workshop • Presentation and discussion regarding a planned comprehensive benefit review for all City employees and how this relates to recent inquiries regarding certification and `step -up' pay and other related matters. (D. Wait /J. Kurz) Mayor Carpenter recognized Executive Director Dudley Wait who stated that two weeks ago we had a presentation regarding the employee engagement surrey. Out of that we saw that a lot of our engagement scores had gone up; actually most bf them did. We had a little reordering in our lower scores. Pay, of course, was still the' lowest t 277 out of 500, Internal Communication was up from last time, but was the second lowest at 316 and Benefits came in next at 351 out of 500. Those were the three lowest scores. One of the things that the leadership team has committed to during this next year that we have shared with the employees is that we are going to be doing ari"overall benefit survey. At that sAnie,meeting, at the end, Councilmember Fowler brought UP sorry ;concerns'legarding certification pay, step up pay or employees doing the job when the person uhqjs supposed to be doing the job has a day off, the education and how we train employees and how we allow them to use those skills that they are trained to do. What we decided and thought, is bringing back to council an outline of what our review is going to,l -valve regarding the over all benefit situation. The benefits that the employees of the City of Sphertz receive are extensive. Normal benefits people think about are health and medical, vision, dental, and retirement benefits through TMRS, which are outstanding for our employees, and additional retirement benefits that they are allowed to participate iii ''We also have'll kinds of supplemental insurance programs such as cafeteria plays; either a rndical type of insurance, out of work insurance like Affleck and others. We have' ah emnlovee assistance nro ram that allows un to eight free counseling Looking" through all of,these we felt we could address Councilmember Fowler's concern a little bit, but We, think the issue he was speaking specifically to goes to the overarching issue that we have as a City with certification pay and those types of benefits. The City has grown into a number of these things that the employees see as benefits now over the last 60 years that the City has been here. Some of them, like holiday pay, vacation /sick pay - those are significantly explained in policy. Others as they came up over time were not so well engrained in policy and some of those were some of the issues Councilmember Fowler brought up. When you are looking at this, one of the things we have struggled with as a leadership team is exactly how do we move forward in some of those arenas? We opted, even during the budget process, when a number of these certification pay type questions came up, to just put those on hold until we could do the benefits review. We believe it is important to look at this, and he stated that as an example, we have paramedics that work for the city; we 1.0 -11 -201.6 Minutes Page - 9 - also have a hand full of paramedics that work for Schertz Fire Department. They are certified, they get credentialed by the medical director Dr. Butter to operate as a paramedic on a first responder unit. In other words, the fire engine or squad goes out of the fire station with a paramedic on it and they can operate as a paramedic exactly the same as a paramedic on an ambulance; they just don't transport them to the hospital. They stabilize them and get them ready to be put on the ambulance when it comes in and the ambulance transports them to the hospital. For doing this our Fire Department Paramedics receive certification pay. On the other hand, the EMS Paramedic employees do not receive certification pay because their job description makes them a paramedic. Mr. Wait continued with his examples of certification and certification pay received by various employees. Mr. Wait stated that certification pay has a lot of different avenues and areas to it. Mr. Wait stated that in his prediction, as they go through the benefits survey and benefits review it will probably be the place that we spend the most amount,of our time because it is a very broad, complicated and intricate place that we f rid ourselves in. 'Tbre may be things we may need to undo and there may be things we need to implement. Our belief in going through this is putting a team together to start this review is that we are going to divide this up into a number of areas and start the review comparing ourselves with other cities' as well as comparing ourselves with departments and internal departments within the city. Members of Council provided their comments of appreciation regarding the update and for the vast and large amount of work that will need to be done to accomplish the overall review. 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. 1.0 -11 -2016 Minutes Page -10 - 1. Minutes — Consideration and /or action regarding the approval of the minutes of the Regular Meeting of September 27, 2016. Q. Kessel /B. Dennis) 2. Ordinance No. 16 -D -33 — Consideration and /or action approving an Ordinance providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising Chapter 86, Article V, Section 86 -1.49 parking prohibited in front of the drainage channels on Marilyn Drive and Pecan Drive in the Val Verde Subdivision. Final Reading (B. James /K. Woodlee /C. Palomo) The following was read into record: ORDINANCE NO. 16 -D -33 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CIITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 86, ARTICLE V, SECTION 86 -149 PARKING PROHIBITED; AND PROVIDING AN EFFECTIVE DATE. 3. Resolution No. 16 -R -77 — Consideration and /or Public Library Interlocal. Agreement with Guada James /M. Uhlhorn) The following was read into record: RESOL ving a Resolution authorizing a for Public Library Services. (B. A RESOLUTION BY THE ,CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PUBLIC LIBRARY INTERLOCAL AGREEMENT WITH GUADALUPE COUNTY, AND OTHER MATTERS IN CONNECTION THEREWITH r Carpenter recognized Co n ilrriember Fowler who moved, seconded by cilrrreber Thompsci to „approve consent agenda items 1 -3. The vote was unanimous Mayor Pro -Tm Edwards, Councilmembers Fowler, Azzoz, John and Thompson g for and no one voting no.- Motion passed. Discussion and Action Items 4. Certificate of, Approval — Consideration and/or action approving the Mayor of the City of Schertz to exeele abd sign the Certificate of Approval regarding Tax - Exempt Financing for the Archbishop 'ofthe Archdiocese of San Antonio, particularly as pertains to Saint John Paul II Catholic High School in Schertz. (Mayor Carpenter) Mayor Carpenter stated he received an email of request from the Archdiocese of San Antonio requesting approval of a proposed tax - exempt bond issue associated with St. John Paul II Catholic High School in Schertz, as required by the Internal Revenue Code of 1986, as amended (the "Code "). The bonds will not be a debt or liability of the City of Schertz. The consent being requested is for the purposes of complying with federal tax law regarding tax - exempt financing. 10 -11 -2016 Minutes Page - 11 - St. John Paul 11 Catholic High School is a qualified 501(e) 3 charitable organization, and therefore is eligible to participate in tax - exempt financings. However, unlike a governmental issuer (e.g., a city or public school district), 501(c) 3 organizations must issue bonds through a state - approved conduit and must conduct a public hearing on the financing. Since the campus is located in the City of Schertz, Internal Revenue Code § 147(f) requires that the "highest elected official" of the City approve the transaction after the public hearing is held. The public hearing was held on October 6, 2016, at 10:00 a.m., at St. John Paul 11 Catholic High School, 6720 FM 482, New Braunfels, Texas, 78132. St. John Paul II Catholic High School is re- financing existing debt,,, the proceeds of which were used to finance the cost of acquiring the Saint John ,paul 11 Catholic High School Campus located at 6720 FM 482; and paying certain expenses in connection with the issuance. Mayor Carpenter stated that this item is similarJo the,one regarding the school on FM 1518 they approved. Mayor Carpenter Mated there is a window to canvass the result of the upcoming election and it is recommended: that they call ,a special meeting on Monday, November 21, 2016 in order to accomplish this. 6. Cancellation of the November 22, 2016 City Council Meeting — Consideration and /or action cancelling 'Ith November 22, 2016 City Council meeting. (J. Kessel/B. Dennis) Mayor Carpenter stated City Staff has found there are no items to be presented to Council for action, and as practice, Council has usually cancelled the meeting the week of the Thanksgiving holiday. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tem Edwards to cancel the November 22, 2016 City Council meeting. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 1.0 -11 -201.6 Minutes Page -12 - 9. Discussion regarding the City Charter, the general and specific role or roles of the City Council - Including the aggregate view of the current members as to the proper exercise of the powers afforded to the City Council, as a body, by the City Charter and State Law. (Mayor /Council) Mayor Carpenter recognized Councilmember Azzoz who stated he feels it is appropriate for City Council to ask a City Manager or City Secretary or Judge to act on a council request. They work at the will of council. Councilmember Fowler responded that he disagrees. They do not micro - manage their City Manager. However, if they see something that is not right, they have a right to discuss it (maybe in Executive Session) to examineii in more detail. If we have a problem, the city manager needs to be allowed a chance to resolve it. Councilmember John stated he thinks it would be executive session) with the city manager because of one of his departments. Mayor Pro -Tem Edwar and discuss their roles further, but on the dais is rib Councilmember Thompson stated he thinks what' through a job description, periodic evaluation, instructing employees from the dais is crossing the Councilmember Azzoz spoke once again and continued to clarify his request of simply asking f ci the City Manager to speak with the Chief Police to ensure the- department investigators are taking advantage of all available options of outsides assistance to help solve an open unsolved high profile criminal case. Dialogue and personal opinion continued between councilmembers. Mayor Carpenter 6bserved', that they appear to have a difference of opinion as to the role of council. In the, when they were a general law city, the mayor /council generally told the staff how to' do their job(s); In 1973/1974 the' people of this city decided to switch to a council /manager form; of go erntint where council becomes a policy making body. ayor /council overnm nt the mayor is essentially all powerful and can instruct everyone everything. Th,challene when you have an elected body giving direction to individual )ers on how to do their job is you move into a potential for cronyism and a level of ,rence that can result in chaos. The idea of the councillinanager form of government is to have a third party run the affairs of the city in a manner that is not subject to the whims of the elected officials. It is a kind of protectionist type ofmodel. The people of Schertz adopted that and have given us direction on how we are supposed to function in our charter. Stepping away from that would produce other serious challenges. It is not our purview to change the form and function of government from the dais; that belongs to the voters themselves. This is why he has a concern with the idea of instructing the city manager publicly to instruct a department head to take or not take an action. A public statement like telling the city manager to tell someone to do something may bring real doubt where there should not be any. As there were no further comments or action from council, Mayor Carpenter moved to the roll call vote. 1.0 -11 -201.6 Minutes Page -13 - Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for agenda items 1 -8. Requests and Announcements 10. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel Who thanked Council for giving him the opportunity to go to the International City Manager, Association (MA). He attended a session on `Listeninii'_ which was a really i2ood class and a eood skill to inmrove on. He noticed in the audience and dais there are sip of the candidates for the upcoming election and he wanted to make a general announcement that taff is looking at making some changes to the master calendar dates: *December 27 city council meeting �-"' cancel and move it up '10 December 20 *January 3 — cancelled 1.2. 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 Councilmember Fowler who stated he attended the recent TML Annual Conference in Austin and attended some interesting sessions (i.e., future 10 -11 -2016 Minutes Page -14 - communication techniques, advances in solar power energy, housing built with bricks or other masonry). He also stated he appreciates the time he has served on city council for the city. Mayor Carpenter recognized Councilmember Azzoz who stated he appreciated Mr. Fowler's service to the city and he will be missed. Mayor Carpenter recognized Mayor Pro -Tem Edwards who thanked city staff members who assisted transporting Councilmembers and Executive Staff on National Night Out to the various city neighborhoods. They did a great job. He also thanked the residents who participated. He also attended the TML Annual Conference in Austin and realized we are already doing a lot of things in Schertz that were promoted and suggested at the seminar. Mayor Carpenter recognized Councilmember Thompson who stated he also attended the National Night Out Neighborhoods and the TML An nual,Conferenoe:�in Austin. Additionally he enjoyed working with the local students at today's tt#deht Mayor /Co hcil Program. Adjournment Mayor Carpenter adjourned the meeting at 9:03 p.m. , Mayor ATTEST: Brenda Dennis, City S 10-11-2016 Minutes Page -15 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: October 25, 2016 Department: Subject: City Secretary Boards, Commissions and Committee Member Appointments /resignations The City Secretary's office has received an application from Ms. Cindy Vigil who is interested in becoming a member of the Library Advisory Board. A current alternate vacancy currently exists. Also the City Secretary has received a resignation letter from Mr. Eric Haugen who currently is serving on the Parks & Recreation Advisory Board and Transportation Safety Advisory Commission. FISCAL IMPACT I�►�Cii T-a Staff recommends ratifying the appointment of Ms. Cindy Vigil as an alternate member to the Library Advisory Board. Staff also recommends ratifying the resignation of Mr. Eric Haugen. ATTACHMENTS Application: Cindy Vigil Resignation: Eric Haugen CITY COUNCIL MEMORANDUM City Council Meeting: October 25, 2016 Department: Subject: Agenda No. 3 Planning & Community Development Ordinance No. 16 -S -34 — Consideration . and /or action on a request to rezone approximately 8 acres of land generally located at the Northwest Corner of FM 1103 and Old Wiederstein, from Single Family Residential / Agriculture (R -A) to Neighborhood Services (NS). The property is specifically described as 7.128 acres out of the Rafael. Garza Survey No. 98, Abstract No. 138, City of Schertz, Guadalupe County, Texas. (Final Reading) Foresight Group, Inc. is requesting to rezone approximately 8 acres of land from Single Family Residential / Agricultural (R -A) to Neighborhood Services (NS). There is currently a house on the property that will be demolished with the redevelopment of this property. The public hearing notice was published in "The Daily Commercial Recorder" on September 16, 2016 and the "Herald" on September 21, 2016. Thirty -three (33) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on September 1, 2016, prior to the Planning & Zoning Commission meeting that took place on September 14, 2016. At the time of this report being prepared, Staff received three (3) responses in favor and four (4) responses opposed to the request. City Council approved this on first reading at the meeting of October 11, 2016. Goal Foresight Group, Inc. is requesting to rezone the property in order to develop as a commercial use. City Council Memorandum Page 2 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. Summary of Recommended Action The Comprehensive Land Plan identifies the subject property as Industrial which is intended to maintain lower intensity industrial, flex office, and logistics uses. This land use designation allows for both small, incremental development and large development of area with light industrial and commercial uses. • Comprehensive Land Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Land Use Plan. The proposed zone change supports the commercial use that the Future Land Use Plan calls for in this area. The Neighborhood Services zoning district would allow for the commercial use desired per the Comprehensive Land Plan at a lower intensity than the primary industrial zoning. • 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 City of Schertz service area. • 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. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by single - family residential, Right -of. -Way, and manufacturing. The surrounding area including the Single- Family Residential are all identified on the Comprehensive Land Use Plan to have the same industrial land use designation. The proposed Neighborhood Services zoning conforms with the intent of the Industrial land use designation while providing a more compatible land use to the adjacent residential. The Comprehensive Land Use Plan section which describes this area was adopted in 2002, at that time the subject property and surrounding area were zoned for single - family residential uses. No City initiated zonings were undertaken to rezone these properties from residential to industrial and subsequently the adjacent area developed as single - family residential with the creation of the Belmont Park, and Riata Subdivisions, whose master development plans were approved in 2003 and 2006 respectively. The development of the Riata and Belmont Park subdivisions created a change in conditions for the surrounding area and for the subject property. The 2013 . Schertz Sector Plan amendment to the Comprehensive Land Use Plan focused on the northern and southern areas of Schertz and did not examine this area. Since the Schertz Sector Plan amendment did not review this area, the subject property along with the Riata and Belmont Park Subdivisions are still identified on the Future Land Use Plan as Industrial use despite being single family. The Comprehensive Land Use Plan specifically describes that industrial zoning City Council Memorandum Page 3 should not be directly adjacent to residential uses. As such Staff looked to the Comprehensive Plan as a whole to offer guidance. The hard corner of FM 1103 and Old Wiederstein Road is what the Comprehensive Land Use Plan would consider a node for commercial development. In keeping with the commercially desired land use described in the Comprehensive Land Use Plan, Neighborhood Services is an alternative that would allow for limited service and retail uses to more conveniently accommodate the needs of the nearby residential uses and existing commercial uses. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on September 14, 2016 and offered a recommendation of approval by a unanimous vote. City Council approved this on first reading by a unanimous vote on October 11, 2016. Staff recommends approval of the rezoning request based its compatibility with the adjacent land uses and compliance with the Comprehensive Land Plan. ATTACHMENT Ordinance No. 16 -S -34 ORDINANCE NO. 16 -S -34 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 8 ACRES OF LAND FROM SINGLE - FAMILY RESIDENTIAL / AGRICULTURAL DISTRICT, (R -A) TO NEIGHBORHOOD SERVICES DISTRICT (NS). WHEREAS, an application to rezone approximately 8 acres of land generally located directly northwest of the intersection of FM 1103 and Old Wiederstein Road, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on September 14, 2016, . the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning; and WHEREAS, on October ll, 2016 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Neighborhood Services District (NS). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the l lth day of October, 2016. PASSED, APPROVED AND ADOPTED on final reading the 25th day of October, 2016. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" MF,T,ES AND BOUNDS DESCRIPTION FOR A T, 128 ACkS TRACI OF LAND " NENa' 'This document was prepared undcr 22 TAC §663,21, dms not rellea the, resuks cpf'o 0 ou R m m th gr nd survey, and i's not to be used to iconvey or to lilt hacreas 4i real property except dwse rights and itylpfi ed or establiishod by the creation or reconfiguration of the bmindary of (I-a: fmlidt-ml subdivision fGj, Aiielt it was prepared. BVIrfn 11 gs based on Ille'Fems State Plane Coordinate Systern, Texas South Central one (4204), NAD, z 0 Q 0 0 5 z 4"Y w I� Exhibit B "The Property" .F2 � ` p y � did� h w t. ry Y4 pow 4 G! r Y y s r^ U 9 9 9 LL C.F figs ak �s g r 'Hip 1� � rv�s P I 1 7R 1 1 1 i 1 A, X, . . � f s`�t`•"� t tti•ttt �s ?� � �' 4 3 f tty ttt t f+lY ?,i„ t I � j { $t } #� bW,l fat 1's t t•"zt st��s ,y{�k ��4�t`� �`�i'k'��Y �r'� 4�� I _ _ 5 . . . . . . . . . . . . P p � ` p y � did� h w t. ry Y4 pow 4 G! r Y y s r^ , i � 1 m� � I i, i �I ssls i I i I � i 1 i I 1 I � � r Agenda No. 4 City Council Meeting: October 25, 2016 Department: Subject: BACKGROUND: City Manager 2017 Master Calendar Each year staff drafts a Master Calendar that serves as a planning tool for the upcoming year. This year, staff recommends to continue the "Council on the Go" series, as it was a successful community outreach tool and well received. We propose these meetings to be held on the following dates: February 21st, April 18th and May 1.6th. Upon approval, staff will secure locations in different areas of the city and plan accordingly. During the year City Council attend multiple retreats which are notated on the Calendar: • Strategic Planning Retreat — 3rd Friday in January (January 20th) • Pre - Budget Retreat — 4th Friday in March (March 24th) • Budget Retreat — 4th Friday in July (July 28th) • TeambuiIding Retreat —I" Friday in December (December I st) Additionally, the proposed schedule for the Council Orientation dates are listed at the bottom of the page and will begin at the November 21, 2016 meeting. All above changes are reflected on the 2017 Master Calendar. FYI • 'Off None RECOMMENDATION: Staff recommends Council approval of the Master Calendar with the following considerations: • Cancel the January 3, 2017 Council Meeting due to New Year's Holiday • Cancel the July 4, 2017 Council Meeting due to 4th of July Holiday • Cancel the October 3, 2017 Council Meeting due to Texas National Night Out • Cancel the November 7, 2017 Council Meeting due to Election Day • Cancel the December 26, 2017 Council Meeting due to December Holidays • Schedule a November 20, 2017 Council Meeting to canvass election results and swear -in new Councilmembers • Schedule a December 19, 2017 Council Meeting due to December Holidays ATTACHMENTS: City of Schertz Master Calendar 2017 City of Schertz City Council Calendar 2017 . Council/Boards /Commissions Calendar 2017 1 New Years Day (office closed Jan. 2nd) 8 Elvis' Birthday 16 MILK Holiday (office closed) 21 Selma - Schertz 5K Run 28 Chinese New Year (Year of the Rooster) 1 Ash Wednesday 2 Texas Independence Day 4 Wilenchik Walk for Life 12 Daylight Savings Begins 13 -17 SCLICISD Spring Break 17 St. Patrick's Day 20 Employee Remembrance Day 20 Spring Begins City of Schertz Master Calendar 2017 - DRAFT S M T W T F S { 1 `��,r,zrtFSS #, � 3 4 5 # n 7 9 10 11 12 13 14 15 16 17 18 19 0 � ggl 24 25 26 2`,'28 9 Trail Rider Lunch 14 Valentines Day 20 Presidents Day Holiday (office closed) 9 Palm Sunday 10 -18 Passover 13 Community Volunteer Fair 14 Good Friday 15Jazz N' Blues in the Park 16 Easter 20 -30 Fiesta Weeks S 4 Schertz Sweetheart Coronation s M T W T F s s -MT w T F S 14 Flag Day 1 M03 4 ; 5 WC 7� 9 10 11 12 13 14 15 16 17 18 19 20 21 n �'$`z7�3�';A0a 25 26 2T „'' 28 29 30 31 S M T W T F S { 1 `��,r,zrtFSS #, � 3 4 5 # n 7 9 10 11 12 13 14 15 16 17 18 19 0 � ggl 24 25 26 2`,'28 9 Trail Rider Lunch 14 Valentines Day 20 Presidents Day Holiday (office closed) 9 Palm Sunday 10 -18 Passover 13 Community Volunteer Fair 14 Good Friday 15Jazz N' Blues in the Park 16 Easter 20 -30 Fiesta Weeks 3 -4 Schertz 4th of July Jubilee 4 Independence Day (office closed July 3rd - 4th) 4 Labor Day Holiday (office closed) 11 Patriot Day 15 -16 SchertzFest 20 -22 Rosh Hashanah 20 -24 Comal County Fair 22 Autumn Begins 29 -30 Yom Kippur 3 Hal Baldwin Golf Tournament 5 Daylight Savings Time Ends 7 Election Day 11 Veterans Day (office closed Nov. 10) 23 Thanksgiving (offices closed Nov. 23 & 24) C 1CI D Holidays are in red Tentative Council Orientation Dates 2016 November 21 st December 6th December 13th December 20th i� S 4 Schertz Sweetheart Coronation s M T W T F s s -MT w T F S 14 Flag Day 14 Mother's Day 2 3,,t,;= 5 6 < 3 �',�ti e 2 3 19 Father's Day 18 George Strait's Birthday 7 8 9 11 12 . 13 4 ,., ,:` 6 7 8 9 10 21 Summer Begins 20 Armed Forces Day 14 15 17 18 19 20 11 12 13 15 16 17 26 May - 25 June Ramadan 21 22;;; 23 `; 26 27 18 19 20 21 }ttzti�x 23 24 29 Memorial Day Holiday (office closed) 28 20 30 31 25 2ftis, 27 , ff29 30 3 -4 Schertz 4th of July Jubilee 4 Independence Day (office closed July 3rd - 4th) 4 Labor Day Holiday (office closed) 11 Patriot Day 15 -16 SchertzFest 20 -22 Rosh Hashanah 20 -24 Comal County Fair 22 Autumn Begins 29 -30 Yom Kippur 3 Hal Baldwin Golf Tournament 5 Daylight Savings Time Ends 7 Election Day 11 Veterans Day (office closed Nov. 10) 23 Thanksgiving (offices closed Nov. 23 & 24) C 1CI D Holidays are in red Tentative Council Orientation Dates 2016 November 21 st December 6th December 13th December 20th i� S M T W T F S Historical Preservation Comm 1 an tjf 3 4 5! i 7 8 9 10 11 12 ,..,: 13 14 i 17 18 19 20 21 22 23 24 25 26 2 ': 28 29 30 Council Meeting Council on the Go Meeting or Retreat City Holidays (office closed) SSLGC Meeting 2017 January 10th January 24th February 7th February 14th —Dates are subject to change. Check www.schertz.com for updated information - P &Z Comm Library Adv Bd Econ Dev Corp CVLGC 3 Texas National Night Out 3 -6 Annual TML Conf. - Houston 5 -8 Guadalupe County Fair 9 Columbus Day Holiday (office closed) 28 Trunk or Treat 31 Halloween 1 Schertz Festival of Angels 12 -20 Chanukah 21 Winter Begins 25 Christmas Day (office closed) 26 Dec. -1 Jan. Kwanzaa 31 New Years Eve Trans Safety Adv Comm Board of Adjustments Parks & Recreation Adv Board Historical Preservation Comm City of Schertz City Council Calendar 2017 - DRAFT m S M Ti W T F S 1 2 3 4 5 6 7` 8 9 10 11.. 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 29 30 31 -- - - - - -- �------ - - - -- - - - -- S M, T W - T F S .. S December 13th 1 2 3 4 5 6 7 8.... 9 10 11 12 13 14 15 16 17 18 19 20 faifllf 22 23 24 25 26 27 28 22 23 24 11AA1AA1AA1AA1AA1AA1Af 1Al1Al1Al1Al1Al1Al1Alf IA Ilil I IIIiUIIiUI S- M T< W T F S S M T W T F S 1 2£ 3 4 5 6 1 2 3 7 8 9 10 11 12 13 4 5 6 7.,, 8 9 10 14 15 17 18 19 20 11 12 13 14 15 16 17 21 22 23 24 25 26 '. 27 18 19 ! 20 21 22 23 24 28 ! 29 30 31 25 26 27 28 29 30 lnnnnnnnnnnnnnnm � i i i n u i n nnnnnnnnnnnnnnuu S! M T` W T F i S December 13th February 7th December 20th 1 2 1 2 3 4 5 6 7 8 9_. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 lnnnnnnnnnnnnnnm � i i i n u i n nnnnnnnnnnnnnnuu S M T W T F- S ,. December 13th February 7th December 20th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18- 19 ! 20 21 22 23 24 25 26 27 28 29 30 Council Meeting Council on the Go Meeting Special Called Council Workshop /Retreat Tentative Council Orientation Dates _._.. ... S 2016 2017 November 21st January 10th December 6th January 24th December 13th February 7th December 20th February 14th ** *Dates are subject to change. Check www.schertz.com for updated information * ** _._.. ... S ..... M T W T ..... F S" 1 2; 3 4 5; 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2017 Council /Boards /Commissions Citv Council Meetinas Day: 11t 2 "d and 4th Tuesdays of the month (see calendar for proposed cancelled meetings) Time: 6:00 pm Location: Council Chambers NOTE: On the 31 Tuesday of the following months, Council will hold "Council on the Go" meetings (locations TBD): February 21St, April 18th, May 16th Board of Adiustments Day: 4th Monday of the month Time: 6:00 pm Location: Council Chambers NOTE: During the following months, BOA will meet on the following date: December 18th (the 31 Monday) Economic Development Corporation Day: 4th Thursday of the month Time: 6:00 pm Location: Council Chambers NOTE: During the following months, EDC will meet on the following date: November 16th (the 31 Thursday) December 14th (the 2nd Thursday) Library Advisory Board Day: 1St Monday of the month Time: 7:00 pm Location: Library - Meeting Room 1 NOTE: There will be no meeting in July During the following months, the Library Board will meet on the following date: January 91h (the 2nd Monday) September 11th (the 2nd Monday) Parks & Recreation Advisory Board Day: 4th Monday of the month Time: 5:30 pm Location: Bob Andrews Conference Room NOTE: During the following months, the Parks Board will meet on the following date: December 18th (the 31 Monday) Planning and Zoning Day: 2nd and 4th Wednesdays of the month Time: 6:00 pm Location: Council Chambers NOTE: During November and December, P &Z only meets once a month: November 15th (the 31 Wednesday) December 13th (the 2nd Wednesday) Transoortation Safetv Advisory Commission Day: 1St Thursday of the month Time: 5:30 pm Location: Council Chambers Conference Room NOTE: There will be no meeting in July Historical Preservation Committee Day: Quarterly on the 4th Thursday of the month: January 26th, April 27th, July 27th and October 26th Time: 6:30 pm Location: Bob Andrews Conference Room Schertz- Seguin Local Government Corporation Day: 3rd Thursday of the month Time: 1:30 pm Location: SSLGC Admin. Office Building — 108 W. Mountain Street, Seguin TX 78155 Cibolo Valley Local Government Corporation Day: 4th Thursday of the month Time: 9:00 am Location: Alternates between Schertz & Cibolo — contact Angie Kleinschmidt akleinschmidt @seguintexas.gov NOTE: There will be no meeting in November During the following months, CVLGC will meet on the following date: December 7th (the 1St Thursday) Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: October 25, 2016 . Department: Public Works — Waste Water Subject: Resolution 16 -R -81 - Consideration and approval by the City Council of the City of Schertz, Texas authorizing the City Manager to enter into an agreement with A.U.C. Group LP for the lease of a pre - packaged sewer treatment plant to expand waste water treatment capacity at the Woman Hollering Treatment Plant BACKGROUND In 2006 when the Sedona Subdivision was established off of Lower Seguin Road, the City entered into an agreement to provide a temporary waste water treatment plant located near Woman Hollering Creek until a permanent waste water plant could be constructed. As Sedona transitioned to CrossVine the City maintained this commitment including agreeing to expand this temporary plant as necessary to provide treatment capacity as the development expanded. The current pre - packaged treatment plant (train) has a regulated treatment capacity of 46,000 gallons a day. Current waste water flows surpassed 75% of this capacity in June, 2016 . and TCEQ regulations require that a plan to expand the treatment capacity be developed. The plan is to place a second train with an additional 46,000 gallons a day capacity to increase the total treatment capacity for CrossVine at 92,000 gallons. Since June, the waste water flows have continued to increase and it is anticipated that the flows will surpass the current train's treatment capacity in early 2017. Cibolo Creek Municipal Authority (CCMA) currently operates this plant for the City. CCMA has worked to locate a second train that can be leased by the City. This train is currently available and work to prepare the site and install the second train will begin immediately once the proposed lease is approved and signed. With the current and planned continued development in CrossVine, it is anticipated that we will need to provide further expansion to this temporary treatment plant before the new permanent waste water treatment plant is constructed and operational off of Trainer Hale Road. Goal To provide safe, efficient and compliant waste water treatment for the CrossVine Development through the use and expansion of a temporary pre - packaged waste water treatment plant. Summary of Recommended Action Staff recommends approval of the attached Resolution authorizing the City Manager to enter into this agreement with A.U.0 Group LP. FISCAL IMPACT The fiscal impact will be a total two year cost of $511,700. This includes design, engineering, site preparation and the actual lease cost of the second train ($10,400 per month). These funds will be paid from the sewer fund. ATTACHMENT Resolution No. 16 -R -81 Lease Agreement between the City of Schertz and A.U.C. Group, LP RESOLUTION NO. 16 -R -81 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH A.U.C. GROUP LP FOR THE LEASE OF A PRE - PACKAGED SEWER TREATMENT PLANT TO EXPAND WASTE WATER TREATMENT CAPACITY AT THE WOMAN HOLLERING TREATMENT PLANT, AND OTHER MATTERS IN CONNECTION THEREWITH NOW THEREFORE, WHEREAS, the City of Schertz has an executed agreement with the developers of the CrossVine development to provide waste water treatment capacity; and WHEREAS, the City of Schertz and it's waste water treatment partner, Cibolo Creek Municipal. Authority have determined that the current treatment plant is approaching its maximum treatment capacity; and WHEREAS, A.U.C. Group LP has a pre - packaged sewer treatment plant available for lease that will double the capacity of the current plant; and WHEREAS, the total cost of the project is estimated to be $511,700. 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 the lease agreement attached 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 25th day of September, 2016. . CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter City Secretary, Brenda Dennis (CITY SEAL) imall LEASE AGREEMENT WITH AUC GROUP LP 50448599.1 A -1 1i] ■ ., . 1 . AUC Group, L. P. Page 1 of 13 A L 1 This Equipment Lease Agreement ( "Lease Agreement ") made this day of July SECTION 1 - LEASE AGREEMENT Subject to the terms and conditions in this Lease Agreement, Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor one (1) 50,000 Gallon Per Day Pre- Packaged Sewage Treatment Plant constructed to the design criteria of the Texas Commission on Environmental Quality ( "TCEQ ") as "stated in TAC 217 for domestic sewage of 350 PPM -BOD5, 350 PPM TSS and 45 PPM ammonia to produce an effluent of 10 mg /I BOD5,15 mg /l TSS, 2 mg /I Ammonia Nitrogen, at 2 -hour peak flow of four (4) times the average daily flow ( "4Q ") (hereinafter the "Leased Property"). This sewage treatment plant facility will include, at a minimum, the equipment listed on Exhibit "A," attached and incorporated in this Agreement. • >� • - - V lei Lessor will deliver the Leased Property to Lessee at an acceptable_ job site for which Lessee has provided an all - weather access and will cause the Leased Property to be unloaded, assembled, and installed on Lessee's accessible foundations. The Lessor will be responsible for that portion of work relating to the installation of the Leased Property, including erection, internal piping, bridges, walkways, disinfection & flow measuring equipment, non- potable water system; grouting of clarifier, and touch -up painting and will furnish Lessee's engineer with the equipment drawings for the Leased Property. Without further demand therefore by Lessor, Lessee shall pay to Lessor the lump sum of $60,000.00 as a set up, installation of Leased Property and other services fee, and Page 2 of 13 is due and payable to Lessor immediately upon substantial completion of the installation of the Leased Property. Unless Lessor terminates this Lease Agreement pursuant to the provisions of Section 14 of this Agreement, this Agreement will remain in effect for twenty -four (24) months commencing on the first day of the month following the substantial completion of the installation of the Leased Property. However, this Lease Agreement will automatically be extended and will continue under the same terms and conditions of this Lease Agreement for successive ninety (90) day periods after the initial term until such a time as Lessee gives Lessor eighty (80) days written notice of its intent to cancel and terminate this Lease Agreement. Lessee agrees to pay Lessor as rental for the use of the teased Property $10,400.00 per month for each of the twenty -four (24) months comprising the the initial term of this Agreement. Each of the monthly Lease Payments are due and payable to Lessor on the first (1 st) day of each month, in advance, and Lessor will make these payments at the office of Lessor in Houston, Texas. Lessee will pay the first and last month's rent upon the execution of this Lease Agreement by both parties. After that 24 month period, the monthly Lease Payment will be $8500.00. SECTION 5 - TITLE TO LEASED PROPERTY The Leased Property will at all times be and remain the sole and exclusive property of Lessor, and Lessee will not have any right to the Leased Property, but will have only the right to use the Leased Property upon the terms and conditions contained in this Lease Agreement. The Parties expressly agree that the Leased Property is and will remain personal property even though it may be attached or affixed to real estate. If the Leased Property is attached or affixed to real estate that a person or entity other than Lessee owns Page 3 of 13 or that is subject to a mortgage, then Lessee will obtain and deliver to Lessor a consent and waiver from the Landlord or Mortgagee, as the case may be, in a form acceptable to Lessor that will permit Lessor to remove the Leased Property from the real estate at any time during the term of, or after the expiration of, this Lease Agreement. Lessor may display notice of its ownership of the Leased Property by affixing to each item of equipment an identifying stencil or plate or other indication of ownership, and Lessee agrees that it will not remove, deface; or obliterate any such notice. • •- The Lessor covenants and agrees as follows`. a) The Lessor has, or will have by the Installation Date, clear and good title to the Leased Property, free and clear of all liens and encumbrances, excepting only the lien for current taxes not yet due and the lien or liens securing only the purchase money mortgage of the equipment or financing secured by this Lease Agreement. b) The Leased Property equals or exceeds the current TCEQ Design Criteria as specified in Section 1 and is in good and serviceable condition. c) The Lessor will undertake any reasonable action that Lessee requests to enforce any and all warranties or guarantees to which Lessor is entitled on the equipment, or assign such warranties or guarantees to Lessee. d) Lessee agrees that Lessor will not be liable to Lessee for any liability, claim, loss,- damage, or expense of any kind or nature caused directly or indirectly, by the Leased Property or any inadequacy of the Lease Property for any purpose, or any deficiency or defect in the Lease Property, or the use of maintenance of the Leased Property, or any repairs, servicing, or adjustments to the Lease Property, or any interruption or loss of service or use of the Leased Property, or any loss of business, or any damage whatsoever and howsoever caused, unless caused by Lessor or is a deficiency, defect, or inadequacy that occurs within 180 days after the Installation Date and that is not caused by Lessee or a third party. Page 4 of 13 The provisions of this subsection d) will not apply to any liability, claim, loss, damage, or expense caused by an event of default by Lessor as defined in Section 14. Lessee will not remove the Leased Property the place of its initial installation without the prior written consent of Lessor. Lessee will at all reasonable times and from time-to- time allow Lessor, by or through any of its officers, agents, or attorneys, to examine and inspect the Leased Property. Upon the termination of this Lease Agreement, Lessor will, at its expense, remove the Leased Property from the site, and will have ninety (90) days from the date that Lessee gives notice to Lessor that the Leased Property is no longer in service to effectuate that removal. Lessee will be responsible for dewatering the Leased Property and will deliver it to Lessor in a clean condition. Lessee will comply with and conform to all applicable municipal, state, and federal laws relating to the operation of the Leased Property. Lessee will maintain the Leased Property in good condition and running order at all times during the term of this Lease Agreement, but will not be responsible for normal wear and tear or depreciation. Lessee will purchase all additions, attachments, accessories, and repair parts at any time placed in or on the Leased Property from Lessor or are equal quality of those Lessor originally installed, and those additions, attachments, etc. will become a part of the Leased Property and will be the property of the Lessor. Lessor will not have any responsibility for the maintenance of the Leased Property after it is delivered to and accepted by Lessee and before it is redelivered to Lessor as provided in this Agreement. Lesse will bear all risk of loss or damage of the Leased Property Lessee will have and maintain insurance at all times with respect to the Leased Property against risks of fire Page 5 of 13 (including so- called "extended coverage "), theft, and such other risks and in such amounts as Lessor may reasonably require, such insurance proceeds to be payable to Lessor. Lessee will deliver to Lessor the policies or evidence of insurance satisfactory to Lessor. SECTION 10 - DAMAGE, DESTRUCTION OR THEFT Regardless of any damage to the Leased Property, Lessee will continue to make the Lease Payments. Lessee will have the responsibility for the repair of the damaged - Leased Property, and Lessee will repair or cause the Leased Property to be repaired promptly after the damage. In every such instance, Lessor will reimburse Lessee for the cost of repair to the extent of the insurance proceeds that it actually receives because of the damage. If the Leased Property is destroyed, stolen, or damaged beyond repair, Lessee will forthwith pay to Lessor the market value of the Leased Property on the date immediately prior to such destruction, theft, or damage less (a) the salvage value, if any, of the Leased Property and (b) the insurance proceeds that Lessore actually receives because of such destruction, theft, or damage. • r - , �, • - AGAINST ALL LOSSES, DAMAGES, DEMANDS, • - - - Page 6 of 13 FOR WILL CONTINUE WITH FULL FORCE AND EFFECT REGARDLESS OF THE TERMINATION OF - EEMENT, WHETHER BY EXPIRATION OF BY OPERATION OF OR OTHERWISE. SECTION 12 - ASSIGNMENT AND SUBLEASE BY LESSEE Lessee may not assign this Lease Agreement or sublease the Leased Property without the prior written consent of Lessor, which consent - Lessor will not unreasonably withhold. SECTION 13 - ASSIGNMENT BY LESSOR: RIGHTS OF ASSIGNEE Lessor will have the right to sell or assign this Lease Agreement including its right, title, and interest to the equipment and the Lease Payments reserved in this Lease Agreement. However, if Lessor receives a bona fide offer from a third party for the purchase Lessor's right, title, and interest to the equipment and the Lease Payments, Lessor will give Lessee written notice ( "Notice ") of that offer. The Notice shall include, at a minimum, the proposed purchase price, the terms of payment, whether for cash or credit, and if on credit the proposed term and interest rate, as well as any and all other consideration being received or paid in connection with such proposed transaction, and any and all other material terms, conditions and details of the offer. A true and correct copy of the agreement of sale or letter of intent by which the sale will be transacted shall accompany the Notice. Lesse's response time will be extended for each day that Buyer has not received all of the items listed in this paragraph. Upon receipt of the Notice with respect to such offer, Lease shall have the right and option, exercisable by written notice to Lessor at any time during a period of seven (7) days after the date of the Notice, to elect to purchase Lessor's right, title, and interest to the equipment and the Lease Payments, as applicable, at the same price and on the same terms and conditions as set out in the Notice. If Lessee does not deliver written notice to Seller within the 7 -day period, Lessee shall be deemed conclusively to have elected not to exercise it right of first refusal, thereby agreeing to allow Lessor to sell Lessor's right, title, Page 7 of 13 and interest to the equipment and the Lease Payments, free of any right of first refusal of Lessee under this Agreement. Regardless of any contrary provision in this Agreement: (i) if Lessee elects not to exercise this right of first refusal but Lessor fails to consummate the sale to the offering party and /or (ii) if Lessor sells only a portion of Lessor's right, title, and interest to the equipment and the Lease Payments, then Lessor shall re -offer any unsold portion of Lessor's right, ;title, and interest to the equipment and the Lease Payments to Lessee under all of the same rights as set forth in this Section 13 in each subsequent transaction thereafter. If Lessor makes an assignment its right, title, and interest to the equipment and the Lease Payments after Lessee elects not the exercise its right of first refusal, the assignee will thereupon acquire all of the rights and remedies possessed by or available to the Lessor. Upon receiving proper notice of any such assignment, the Lessee will thereafter make Lease Payments as in directed in that notice. SECTION OF The following events will be deemed to be events of default by the Lessee under this Lease Agreement: a) Lessee fails to pay any Lease Payments during initial term and that failure continues for a period of thirty (30) days after Lessee's receipt of written notice from Lessor of lack of receipt of a Lease Payment. b) Lessee fails to comply with any other term, provision, or covenant of this Lease Agreement and does not cure that failure within thirty (30) days after Lesee's receipt of written notice of the specific failures to comply from Lessor. Upon the occurrence of any such events of default, Lessor will have the right to declare the balance of the rental payable under this Lease Agreement to be due and payable whereupon the that amount will become immediately due and payable, and Lessor will have the right to retake and retain the Leased Property should the Lessee fail to make payment of the outstanding balance within ten (10) business days of written notice of such default delivered to Lessee by certified mail If Lessor retaken the Leased Property under Page 8 of 13 this Section and releases the Leased Property to a third party, then the Lease Payments that Lessor receives for that releasing will be offsets to the amount Lessee owes Lessor under this Section, which Lessor will pay to Lessee, if Lessee has paid the remaining balance due Lessor under this Lease Agreement. If Lessor receives any notice of default under its purchase money mortgage or another item which might become a Tien on the Leased Property, Lessor will promptly provide Lessee with a copy of that notice within three (3) business days of Lessor's receipt. Additionally, Lessor agrees to furnish Lessee, on demand, satisfactory evidence of payment of each installment due on the purchase money mortgage and of any other items that might become a lien on the Leased Property. For the purpose of this Lease Agreement, satisfactory evidence of payment will be deemed to be a copy of the check sent to the proper party. If Lessor fails to make such payments, together with any interest or penalty, required to be paid in connection with such payments, the Lessee will have the right to make such payments, and thus may deduct those amounts any Lease Payments that thereafter may become due under this Agreement. However, the Lessee will not be authorized and empowered to make any payment under the terms of this Paragraph 14 unless the item paid will be superior to the Lessee's interest under this Agreement. Except as otherwise provided in this Lease Agreement, each provision of this Agreement or of any applicable governmental laws, ordinances, regulations, and other requirements with reference to the sending, mailing, or delivery of any notice or Lessor's making of any payment to the Lessee or with reference to the sending, mailing, or delivery of any notice or Lessor's making of any payment to the Lessor will be deemed to be complied with, when and if the following steps are taken: a) All lease and other payments that Lessee must make to Lessor hereunder will be payable to Lessor at the Houston, Texas address set forth below, or at such other address as Lessor may specify from time to time by written notice delivered to Lessor in accordance with this Section. Page 9 of 13 b) Any notice or document required or permitted to be delivered under this Agreement, except for the notice of payment required pursuant to this Section 5, will be deemed to be delivered upon actual receipt by the Parties at the respective addresses set out opposite their names below, or at such other address as they have previously specified by written notice delivered in accordance with this Section 15. LESSEE City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 'i � • LESSOR AUC Group, L. P. 1800 Augusta, Suite 108 Houston, Texas 77057 Words of any gender used in this Lease Agreement will be held and construed to include any other gender,_ and words in the singular number will be held to include the plural, and vice versa, unless the context otherwise requires. i The terms, provisions, covenants and conditions contained in this Lease Agreement will apply to, insure to the benefit of, and be binding upon the Parties and upon their respective heirs, legal representatives, successors, and permitted assigns except as otherwise expressly provided. • r This instrument contains the entire agreement between the Parties. This Lease Agreement may not be amended, altered, or changes except by an instrument in writing signed by both Parties. Page 10 of 13 SECTION 19 - TAXES / BENEFICIAL_ OWNERSHIP While this Lease Agreement is in effect, any taxes that any taxing authority imposes or levies on the Leased Property will be the responsibility of the Lessee. While this Agreement is in effect the Lessee will be considered the beneficial Owner of the Leased Property. SECTION 20 - FORCE MAJEURE (a) Definition.- "Force Majeure" means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; orders of any kind of the government of the United States, the State of Texas, or any civil or military authority; the failure of the government of the United States, the State of Texas, or any civil or military authority to act upon a party's request; insurrections; riots epidemics; landslides lightning, earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions; accidents causing breakage of machinery, pipelines, pumps, or other facilities; partial or entire failure of necessary utilities; or any other cause not reasonably within the control of the party claiming such inability. (b) Invocation. If, by reason of Force Majeure; any party will be rendered wholly or partially unable to carry out its obligations under this Contract, then that party will give written notice of the full particulars of such Force Majeure to the other party within a reasonable time after its occurrence. The obligations of the party giving such notice, to the extent affected by such Force Majeure, will be suspended during the continuance of the inability claimed and for no longer period, and that party will in good faith use its best efforts to remove or overcome such inability with all reasonable dispatch (c) Settlement of Strikes and Lockouts. The settlement of strikes and lockouts will be entirely within the discretion of the party having the difficulty, and the above requirement that any Force Majeure will be remedied with all reasonable dispatch will not require settlement of strikes and lockouts by acceding to demands of the opposing party when such settlement is unfavorable to it in the judgment of the party having the difficulty. Page 11 of 13 •-MMOMMIM By� AUC Management� a Texas Limited Liability Company its Sole General Partner Todd Mueller, President . �z EXHIBIT "A" (1) Mechanical Clarifier with all internals (2) Chlorine Contact Basin (3) Aeration /Digester Basin (4) Miscellaneous Air Distribution System with drops and Diffusers (5) Interconnecting Pipe, Valves and Fittings (6) Walkways, Stairs and Bridges (7) PD Blowers with Controls (8) Bar Screen Box (9) Flow Paced "Disinfection System ina FRP building (10) Flow Measuring Equipment (11) Non - potable water system with controls All of the above shall be 460v, three phase Page 13 of 13 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: August 30, 2016 . Department: City Manager/Public Works /SSLGC Subject: Resolution 16 -R -78 - Consideration and approval by the city council of the city of Schertz, Texas approving resolutions previously adopted by the board of directors of the Schertz /Seguin Local Government Corporation authorizing the issuance of bonds designated as "Schertz /Seguin Local Government Corporation Contract Revenue Bonds, New Series 2016 (Texas Water Development Board SWIRFT Project Financing) "; acknowledging that these obligations were sold to the Texas Water Development Board pursuant to a financing agreement; 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; authorizing the Mayor, the City Manager, and the City Secretary of the City of Schertz, Texas to execute on behalf of the City of Schertz, Texas all documents in connection with the transaction; and other matters in connection therewith 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 2"d 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. On August 30, 2016, the City Council approved an interlocal agreement between the City of Schertz and the City of Seguin that outlined the cost allocation agreement between both cities for the repayment of funding obtained from the Texas Water Development Board. In addition, the City Council authorized the SSLGC Board of Directors to obtain funding through the SWIRFT program for the Guadalupe Project and Parallel Pipeline Project in the total amount of $66,500,000 comprised of both a Low Interest Loan in the amount of $43,670,000.00 and a TWDB Participation loan in the amount of $22,830,000.00. In addition, the City Council approved a resolution in support of SSLGC moving forward with their application for funding from the State. At this time, the funding has been approved by the Texas Water Development Board and the attached Resolutions and associated documents authorize the sale of the bonds necessary through the Texas Water Development Board. The SSLGC Board took action on approving these funding agreements on October 20, 2016. The City of Seguin is slated to obtain City Council approval on November 1, 2016. Goal Approve the sale of bonds for the 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. HHZTG • ' 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 APPROVING A BOND RESOLUTION PREVIOUSLY ADOPTED BY THE BAORD OF DIRECTORS OF THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION AUTHORIZING THE ISSUANCE OF BONDS DESIGNATED AS "SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION CONTRACT REVENUE BONDS, NEW SERIES 2016 (TEXAS WATER DEVELOPMENT BOARD SWIRFT PROJECT FINANCING)" ATTACHMENT Transmittal letter from Jeff Kuhn with attachments Resolution No. 16 -R -78 RESOLUTION NO. 16 -R -78 APPROVING A BOND RESOLUTION PREVIOUSLY ADOPTED BY THE BOARD OF DIRECTORS OF THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION AUTHORIZING THE ISSUANCE OF BONDS DESIGNATED AS "SCWERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION CONTRACT REVENUE BONDS, NEW SERIES 2016 (TEXAS WATER DEVELOPMENT BOARD SWIRFT PROJECT FINANCING) "; ACKNOWLEDGING THAT THESE OBLIGATIONS WERE SOLD TO THE TEXAS WATER DEVELOPMENT BOARD PURSUANT TO A FINANCING AGREEMENT; 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; AUTHORIZING THE MAYOR, THE CITY MANAGER, AND THE CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS TO EXECUTE ON BEHALF OF THE CITY OF SCHERTZ, TEXAS ALL DOCUMENTS IN CONNECTION WITH THIS TRANSACTION; AND OTHER MATTERS IN CONNECTION THEREWITH 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 ") has reviewed and hereby approves (i) the Bond Resolution as to form and content, including the factual findings contained therein and all documents referenced therein, adopted by the Board of Directors of the Schertz /Seguin Local Government Corporation (the "Corporation ") relating to the issuance of obligations designated as "Schertz /Seguin Local Government Corporation Contract Revenue Bonds, New Series 2016 . (Texas Water Development Board SWIRFT Project Financing)" (the "Bonds "), (ii) the Bonds that were sold to the Texas Water Development Board (the "TWDB "), (iii) the Regional. Water Supply Contract, including the factual findings contained therein, previously approved and executed among the City of Schertz, Texas, the City of Seguin, Texas (collectively, the "Cities "), and the Schertz /Seguin Local Government Corporation (the "Contract ") which provides certain security for the payment of these obligations, (iv) the bond purchase contract (the "Purchase Contract "), if any, authorizing the sale of the Bonds to the TWDB, (v) the Sale and Offering Documents (as defined in the Contract), including, but not limited to, the City's annual continuing disclosure requirements in accordance with the Rule (as defined in the Contract), and (vi) the City's obligations under the Contract and acknowledges that the payment of principal of and interest on such Bonds is payable, in whole or in part, from the Annual Payments to be made by the Cities to the Corporation under and pursuant to the Contract. The Mayor, the City Manager, and the City Secretary of the City of Schertz, Texas are hereby authorized to execute on behalf of the City any and all documents in connection with this transaction. This resolution may be relied upon by the appropriate representatives of the parties to this transaction and the Texas Attorney General in his review and approval of this transaction. Section 2. The City Council recognizes that Section 54 of the Bond Resolution contains covenants of the City relating to the Bonds. Since certain financial information, financial status, operating data, and annual audits of the City's utility system will be entirely 27503787.2 within the control and disposition of the City, and the Private Placement Memorandum prepared in connection with the issuance of the Bonds (the "Memorandum "), describe a continuing disclosure undertaking agreement (the "Undertaking ") of the City, the City Council specifically adopts the covenants hereinafter described, which comprise the Undertaking, and shall comply therewith for so long as all or any portion of the Annual. Payments made by the City under the Contract act as security for or a source of repayment of the Bonds. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EMMA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http://www.emma.msrb.org. MSRB means the Municipal. Securities Rulemaking Board. Rule means SEC Rule 15c2 -12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2016, financial information and operating data with respect to the City of the general type included in the Private Placement Memorandum authorized by Section 35 of the Bond Resolution, being the information described in Exhibit C thereto, and (2) if not provided as part of such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit C thereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such financial statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall file unaudited financial statements within such period and audited financial statements for the applicable fiscal year to the MSRB, when and if the audit report on such financial statements becomes available. Under current Texas law, including, but not limited to, Chapter 103, as amended, Texas Local Government Code, the City must have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit. The annual financial statement, including the auditor's opinion on the statement, shall be filed in the office of the City Secretary within 180 days after the last day of the City's fiscal year. Additionally, upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552. If the City changes its fiscal year, it will file notice of such change (and of the date of the new fiscal year end) with the MSRB prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. 27503787.2 -2- C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non - payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (1.3) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional paying agent /registrar or the change of name of a paying agent /registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or 27503787.2 -3 governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations Disclaimers and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND 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 SECTION, 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. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under the Bond Resolution for purposes of any other provision of the Bond Resolution. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of the Bond Resolution that authorizes 27503787.2 -4- such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word- searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the SEC. Section 3. Authorized Officials of the City will review and approve the Private Placement Memorandum. Information appearing in the Private Placement Memorandum concerning the City (including, particularly, the description of the Undertaking and Appendices C and E thereto), as of its date, were and are true and correct in all material respects. Insofar as the City and its affairs, including its financial affairs, are concerned, such Private Placement Memorandum did not and does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. Insofar as the descriptions and statements, including financial data, of or pertaining to entities, other than the City, and their activities contained in such Private Placement Memorandum are concerned, such statements and data have been obtained from sources which the City believes to be reliable, and the City has no reason to believe that they are untrue in any material respect. Section 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 5. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such 27503787.2 -5- conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. If any provision of this Resolution or the application thereof to any person . or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 8. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 9. This Resolution shall be in force and effect from and after the date of its adoption, and it is so resolved. [The remainder of this page intentionally left blank.] 27503787.2 -6- ATTEST: City Secretary 27503787.2 -7- Mayor NORTON ROSE FULBRIGHT October 11, 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 +1210 270 7131 1400 Schertz Parkway w. jeffrey .kuhn @nononrosefulbright.com Schertz, Texas 78154 Tel +1210 224 5575 Fax +1210 270 7205 nortonrosefulbright.com Re: Schertz/Seguin Local Government Corporation Contract Revenue Bonds, New 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 November 1, 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 try IV %ours, W)Jeffrel Kuhn 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. 27598188.1 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 vereln. 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 October 11, 2016 Page 2 Mr. Devon Whitlock (SAMCO Capital Markets, Inc.) Ms. Veronica Alonzo (SAMCO Capital Markets, Inc.) Mr. George Scofield (Firm) 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) 27598188.1 NORTON ROSE FULBRIGHT EXHIBIT A CONSIDERATION AND APPROVAL OF A RESOLUTION APPROVING A BOND RESOLUTION PREVIOUSLY ADOPTED BY THE BOARD OF DIRECTORS OF THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION AUTHORIZING THE ISSUANCE OF BONDS DESIGNATED AS "SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION CONTRACT REVENUE BONDS, NEW SERIES 2016 (TEXAS WATER DEVELOPMENT BOARD SWIRFT PROJECT FINANCING) $$; ACKNOWLEDGING THAT THESE OBLIGATIONS WERE SOLD TO THE TEXAS WATER DEVELOPMENT BOARD PURSUANT TO A FINANCING AGREEMENT; 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; AUTHORIZING THE MAYOR, THE CITY MANAGER, AND THE CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS TO EXECUTE ON BEHALF OF THE CITY OF SCHERTZ, TEXAS ALL DOCUMENTS IN CONNECTION WITH THIS TRANSACTION; AND OTHER MATTERS IN CONNECTION THEREWITH 27598188.1 A -1 EXHIBIT B A MOTION BY COUNCILMEMBER AND SECONDED BY COUNCILMEMBER THAT THE CITY COUNCIL APPROVE A RESOLUTION APPROVING A BOND RESOLUTION PREVIOUSLY ADOPTED BY THE BOARD OF DIRECTORS OF THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION AUTHORIZING THE ISSUANCE OF BONDS DESIGNATED AS "SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION CONTRACT REVENUE BONDS, NEW SERIES 2016 (TEXAS WATER DEVELOPMENT BOARD SWIRFT PROJECT FINANCING)" 27598188.1 B-1 A NORTON ROSE FULBRIGHT October 14, 2016 Norton Rose Fulbright US LLP Via E -Mail 300 Convent Street, Suite 2100 Via Federal Express San Antonio, Texas 78205 -3792 United States Re: Schertz/Seguin Local Government Corporation Contract Revenue Bonds, New Series 2016 (Texas Water Development Board SWIRFT Project Financing) and the Schertz/Seguin Local Government Corporation: Texas Water Development Board's Board Participation Program Dear Brenda: I enclose the following documents in connection with the captioned matters for execution at the October 25, 2016 regular meeting of the City Council: SSLGC /SWIRFT Bonds: 1. Resolution authorizing the SWIRFT Bonds (one copy and five signature pages); 2. City Secretary's Certificate pertaining to this Resolution (two copies and five signature pages); 3. General Certificate (one copy and five signature pages); and 4. Certificate as to Tax Exemption (one copy and five signature pages). Board Participation Program: General Certificate (one copy and five signature pages). Please return one completed copy of the City Secretary's Certificate, and all executed signature pages to me. The completed copies of the aforementioned documents should be retained for the files of the City. Norton Rose Fulbright US LLP is a limited liability partnership registered under the laws of Texas. 27605209.1 Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP, Norton Rose Futbright 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 nortonrosefutbright.com. W. Jeffrey Kuhn Ms. Brenda Dennis Partner City Secretary Direct line +1210 270 7131 City of Schertz w. jeffrey .kuhn @nortonrosefulbright.com 1400 Schertz Parkway Tel +1210 224 5575 Schertz, Texas 78154 Fax +1210 270 7205 nortonrosefulbright.com Re: Schertz/Seguin Local Government Corporation Contract Revenue Bonds, New Series 2016 (Texas Water Development Board SWIRFT Project Financing) and the Schertz/Seguin Local Government Corporation: Texas Water Development Board's Board Participation Program Dear Brenda: I enclose the following documents in connection with the captioned matters for execution at the October 25, 2016 regular meeting of the City Council: SSLGC /SWIRFT Bonds: 1. Resolution authorizing the SWIRFT Bonds (one copy and five signature pages); 2. City Secretary's Certificate pertaining to this Resolution (two copies and five signature pages); 3. General Certificate (one copy and five signature pages); and 4. Certificate as to Tax Exemption (one copy and five signature pages). Board Participation Program: General Certificate (one copy and five signature pages). Please return one completed copy of the City Secretary's Certificate, and all executed signature pages to me. The completed copies of the aforementioned documents should be retained for the files of the City. Norton Rose Fulbright US LLP is a limited liability partnership registered under the laws of Texas. 27605209.1 Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP, Norton Rose Futbright 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 nortonrosefutbright.com. Ms. Brenda Dennis October 14, 2016 Page 2 NORTON ROSE FULBRIGHT 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 yours, W. Je�,ff r 'y Kuhn 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. Kessei (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.) Mr. Devon Whitlock (SAMCO Capital Markets, Inc.) Ms. Veronica Alonzo (SAMCO Capital Markets, Inc.) Mr. George Scofield (Firm) 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) 276052091 Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: October 25, 2016 Department: Fire Subject: Resolution No. 16-R-79 - AFG Grant for Fire Equipment BACKGROUND Goal Schertz Fire Rescue seeks to use Assistance to Firefighters Grant funds to purchase Wildland personal protective equipment (PPE). Community Benefit The Fire Department responds to wildland and grass fires on Interstate 35, Interstate 10, highways 3009, 1516, 2252, 78, and 482, as well as other undeveloped land across the City of Schertz. In addition, SFR participates in numerous mutual aid agreements including regional and statewide responses. Proper personal protective equipment protects firefighters during wildland and grass fire operations. If awarded this grant, SFR personnel will be placed in PPE that provides not only a higher level of wildland protection but also allows for a cooler option than Rescue PPE gear. Summary of Recommended Action Recommend approval. FISCAL IMPACT Equipment is expected to cost $20,475.00, of which $18,427.50 will be federal funds and $2,047.50 will be City funds. The City's funds will be paid from the Fire Department's operating budget. Recommend approval of Resolution No. 16 -R -79. ATTACHMENT(S) Resolution 16-R-79 Exhibit A—Fire Equipment 1 *114 14, 1111lilll RESOLUTION NO. 16 -R -79 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A GRANT APPLICATION TO FEMA FOR ASSISTANCE TO FIREFIGHTERS GRANT TO FUND FIRE EQUIPMENT WHEREAS, the Assistance to Firefighter Grant allows Fire Departments to file grants to purchase equipment for fire fighter safety and fire operations: and WHEREAS, the requesting agency will pay a 1.0% required grant match based on the actual cost of the equipment received by that agency; and WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City Council authorize the filing of a grant application with FEMA relating to Wildland Personal Protective Equipment for Schertz Fire Department; and WHEREAS, the City Council has determined that it is in the best interest of the City to apply to FEMA for a grant to fund this equipment as detailed in Exhibit A. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS 1MEW Section 1. The City Council hereby authorizes the City Manager to execute and deliver a grant application with FEMA for the equipment described on Exhibit A, provided, acceptance of the grant (if awarded to the City) and funding of the City's share of the cost of the equipment shall not require further approval by the City Council. 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 25th day of October, 2016. . CITY OF SCHERTZ, TEXAS Mayor City Secretary (CITY SEAL) imall EQUIPMENT 50459012.1 A -1 Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: October 25, 2016 Department: Purchasing Subject: Resolution No. 16 -R -80 - A Resolution by the City Council of Schertz authorizing expenditures in excess of $50,000, as approved in the 2016 -2017 fiscal year budget, for the City's Vehicle Replacement Program and Communication Equipment. The City has taken a comprehensive approach in developing a cost - effective fleet replacement program. Best practice fleet operations have been integrated into the existing program and the City has developed systematic policies and procedures for determining when a vehicle requires replacement. In support of this program, Council approved a funding mechanism that was authorized in the FY 2016- 17 budget for the City's Vehicle Replacement Program. The City has historically purchased vehicles from vendors belonging to purchasing cooperatives. This has allowed the City to procure vehicles through best -value and capitalize on volume discounts. For FY 2016 -17, The City anticipates the purchase and outfitting of the following vehicles from Caldwell Country Chevrolet and Silsbee Ford. Department Vehicle Budgeted Amount Vendor Police Department - Operations SUV (7) $290,000 Silsbee Ford Police Department -CVL Car (1) $24,000 Silsbee Ford Fire Department Truck (1) $30,000 Caldwell Country Chevrolet EMS Department SUV (1) $34,000 Caldwell Country Chevrolet Animal Services Truck (1) $38,000 Silsbee Ford Streets Truck (1) $38,000 Silsbee Ford Facility Services Truck (1) $34,000 Silsbee Ford The City's practice is to seek authorization from Council when expenditures with a vendor exceed $50,000 in one fiscal year. Though exact amounts for each vehicle are not yet known, it will not exceed the budgeted amount. Thus, staff is requesting approval to spend up to $64,000 with Caldwell Country Chevrolet and up to $424,000 with Silsbee Ford, as part of the City's Vehicle Replacement Program in FY 201.6 -17. In other related purchases, Police, Fire and EMS will be purchasing emergency telecommunication equipment from Motorola and request approval to spend up to $85,000 in FY 2016 -1.7. COMMUNITY BENEFIT A proactive fleet replacement programs provides for long -term planning and prudent fiscal stewardship. Purchasing cooperatives assist local governments in reducing costs through volume purchasing. Additionally, City resources are conserved and purchasing efficiencies are maximized through use of a streamlined procurement process. SUMMARY OF RECOMMENDED ACTION Staff recommends that Council authorize expenditures up to $64,000 with Caldwell Country Chevrolet and up to $424,000 with Silsbee Ford, as part of the City's Vehicle Replacement Program in FY 2016 -17, and up to $85,000 with Motorola for related equipment purchases. RHZTG • ' • 4" Funds are budgeted and available for the City's Vehicle Replacement Program and Communication equipment. ATTACHMENTS Resolution 16 -R -80 RESOLUTION NO. 16 -R -80 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES IN EXCESS OF $50,000, AS APPROVED IN THE 2016 -2017 FISCAL YEAR BUDGET, FOR THE CITY'S VEHICLE REPLACEMENT PROGRAM, AND COMMUNICATION EQUIPMENT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") has developed a fleet replacement program, and Council has approved a funding mechanism in FY 2016 -1.7 budget in support of the program; and WHEREAS, City staff has determined that Caldwell Country Chevrolet, Silsbee Ford, and Motorola, all cooperative vendors, will provide the best -value to the City for replacement vehicles, vehicle outfitting, and related equipment purchases; and WHEREAS, City resources are conserved and purchasing efficiencies are maximized through use of a streamlined procurement process, where vehicles can be purchased through cooperative programs which satisfy the Texas state law requirement of local governments to seek competitive procurement for the purchase of goods or services. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes expenditures up to $64,000 with Caldwell Country Chevrolet and up to $424,000 with Silsbee Ford, as part of the City's Vehicle Replacement Program in FY 2016 -17, and up to $85,000 with Motorola for related equipment purchases. 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 25th day of October, 2016 ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: October 25, 2016 Department: Public Works / Engineering Subject: Ordinance No. 16 -D -35 - Providing that the Code of Ordinances for the City of Schertz be amended by revising section 86 -118 — Maximum Limits in School Zones including the school zone for a certain street and providing an effective date, and declaring an emergency First and Final Reading The Texas Department of Transportation (TxDOT) has requested that a school zone be established on FM 1518 for the Founders Classical Academy of Schertz. Currently, a school zone does not exist for the Academy. It is recommended to protect school children and drivers during hours of heavy traffic associated with FM 1518 and the Founders Classical Academy. The school zone is recommended to have a reduced speed limit of 35 miles per hour and to extend 400 feet on either side of the entrance of the School (Exhibit A). The Transporation Safety Advisory Committee (TSAC) recommended approval of this at their October 6, 2016 meeting. Goal To ensure that school zones are up to date in the City of Schertz and enforced through Code of Ordinances, and provide for safe travel while maintaining proper records for maximum speed limits in School Zones. Community Benefit By working cooperatively with the TxDOT and local Schools, the City can promote safety for students traveling in the City Limits. Summary of Recommended Action Recommend approval this October 25, 2016 of first and final reading of Ordinance No. 16 -D -35. FISCAL IMPACT No cost to the city, these signs will be installed and maintained by TxDOT. RECOMMENDATION City Council Memorandum Page 2 Staff recommends approval of Ordinance 16 -D -35 on first and final reading and declaring an emergency. ATTACHMENT(S) Ordinance 16 -D -35 Exhibit A Proposed Reduced Speed School Zone on FM 1.51.8 in Schertz, TX (Founders Classical Academy of Schertz) City Council Memorandum Page 3 ORDINANCE NO. 16 -D -35 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CITY CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86- 118, MAXIMUM LIMITS IN SCHOOL ZONES, AND PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY WHEREAS, §542.202 of the Texas Transportation Code provides that local authorities with respect to a highway under its jurisdiction and in the reasonable exercise of the police power can designate school crossing zones; and WHEREAS, §541.302 of the Texas Transportation Code defines a "school crossing zone" as a reduced speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary school or secondary school during the time the reduced speed limit applies; and WHEREAS, the City has received a request from the Texas Department of Transportation (TxDOT) to designate a school crossing zone on FM 1518; and WHEREAS, the City has investigated and determined that it would be advantageous and beneficial to the citizens of the City to amend Section 86 -118 of the Schertz Code of Ordinances as set forth below. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That Section 86 -1.1.8 Maximum Limits in School Zones of the Code of Ordinances, on roadways maintained by the City of Schertz, Texas be amended to add the following: "Section 86 -118, Maximum limits in school zones" Street Extent Speed Limit (MPH) FM 151.8 800' in front of FM 1.51.8 35 Founders Classical Academy Section 2 The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3 All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4 This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5 If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6 It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7 This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED, APPROVED, AND ADOPTED on First and final reading the 25th day of October, 2016. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: October 25, 2016 Department: Streets /Finance Subject: Ordinance No. 16 -T -36 — An Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment to fund street crossing improvements on Elbel Road BACKGROUND This project will provide improvements to crosswalks on Elbel Road to stop traffic when pedestrians desire to cross the street. And, unlike our current system in place, this will provide direction to the pedestrians. This will insure that traffic has been signaled to stop before clearing pedestrians to walk and to provide time between walk signals to allow traffic to flow better during heaving pedestrian traffic periods. These signals will be installed at Elbel and Westchester Roads, replace the current system, and at the Elbel Road and tennis courts crossing near the Post Office. Both of these crosswalks are used throughout the school year and around the entire year as folks traverse this recreation corridor in our community. FISCAL IMPACT Funds for the street crossing improvements on Elbel Rd. and sidewalk/ADA ramps will be paid from Child Safety Fund Account which had a balance of $182,567 at the beginning of FY2015- 16. Each year this account grows as the city collects more in child safety fees than it can expend in any one year. Anticipated balance after the FY 2015 -16 contribution and the project expenditures would be $139,436. This is an acceptable expense under article 102.014 (g) of the Code of Criminal Procedure. RECOMMENDATION Staff recommends that the City Council approve the first reading of Ordinance No. 16 -T -36, approving the budget adjustment to extend the sidewalk and make improvements to the street crossings on Elbel Road. ATTACHMENT Ordinance 16 -T -36 ORDINANCE NO. 16 -T -36 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO FUND STREET CROSSING IMPROVEMENTS ON ELBEL ROAD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 16 -T -29, the City of Schertz (the "City ") adopted the budget for the City for the fiscal year 201.6 -2017 (the `Budget), which provides funding for the City's operations throughout the 2016 -2017 fiscal year; and WHEREAS, the City needs to increase the Budget to authorize expenditures of $85,631 . for new school crossing lights and ADA ramps in front of the GVEC substation and modifying the crossing lights on Elbel Rd. and Westchester Dr.; and WHEREAS, the City needs to increase revenue to recognize a transfer from the Child Safety Fund of $85,631; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the additional revenue and expense for the street crossing improvements; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the :Budget for the street crossing improvement, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget by $85,631 for the street crossing improvements on Elbel Road. Section 2. The City shall recognize the additional $85,631 in revenue from a transfer from the Child Safety Fund. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. 50558021.1 - 2 - PASSED ON FIRST READING, the 25th day of October, 2016. PASSED, APPROVED and ADOPTED ON SECOND READING, the 1st day of November, 2016. CITY OF SCHERTZ, TEXAS Mayor City Secretary (CITY SEAL) 50558021.1 - 3 - Agenda No. 11 CITY COUNCIL MEMORANDUM City Council Meeting: October 25, 2016 Department: Administration Subject: Resolution No. 16 -R -82 — Authorizing a Subdivision Improvement Agreement with Comal Independent School District BACKGROUND The City Council Memorandum and Resolution will be forwarded to Members of Council on Monday October 24, 2016 and will be made available at that time. HHZTG • ' • On None RECOMMENDATION Staff recommends approval Resolution 16 -R -82 — Copy will be provided October 24, 2016 .