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10-22-2019 Agenda with BackupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL October 22, 2019 SCHERTZ, TEXAS 78154 CITY OF SCHERTZ CORE VALUES Do the right thing Do the best you can Treat others the way you want to be treats Work cooperatively s a team Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. ( Councilmember Larson) Presentations • Introduction of the Student Mayors and Student Councilmembers for the Day. (Mayor Carpenter /B. Dennis) • 2019 Fire Prevention Poster Contest Winners. (C. Kelm /K. Long) • Proclamation recognizing Comal Settlement - Heritage Neighborhood. (B. James) • Proclamation recognizing the VFW to live up to its motto, "to honor the dead by helping the living" with the sale of small red flowers (poppies). (Mayor /Mike Espinola, previous Post Commander) Employee Recognition • Facilities Services - Chad Lonsberry, HVAC Techinician L (T. Buckingham) • Parks, Recreation & Community Services - Rowdy Clark, Park Worker I. (L. Shrum) • Police Department - Jordan Flores, Communications Officer. (M. Hansen) • Public Works - Streets - Roberto Mata Jr., and Isaac Rodriguez, Street Worker I. (D. Letbetter) • Utility Billing - Melissa Gomez, Utility Billing Clerk 1. (D. Hardin - Trussell) • Public Affairs - Madison Porras, Marketing & Communcations Specialist (D. Flores) October 22, 2019 City Council Agenda Page 1 City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm /S. Gonzalez) • Announcements and recognitions by the City Manager (M. Browne) • Announcements and recognitions by the Mayor (M. Carpenter) 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 existingpolicy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. j Minutes — Consideration and /or action regarding the approval of the minutes of the meeting of September 24, 2019. . (G. Wilkinson) 2, Resolution No. 19 -R -143 - Consideration and /or action approving a Resolution authorizing a Personal. Services Agreement with Charmain Sanchez for services related to marketing and developing certain City Property for the purpose of the installation and operation of wireless communications equipment and systems and the continued management of the City's telecommunications tenants. (C. Kelm /J. Gohlke) 3. Resolution No. 19 -R -145 - Consideration and /or action approving a Resolution authorizing a Public Library Interlocal Agreement with Guadalupe County, Texas. (B. James /M. Uhlhorn) 4. Resolution No. 19 -R -140 - Consideration and /or action approving a Resolution authorizing contracts totaling no more than $100,000 with SA Paramount Construction, LLC for labor and related materials for various separate and unrelated concrete related projects during the 2019 -2020 fiscal year. (C. Kelm /D. Letbetter) 5 Resolution No. 19 -R -128 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing a drainage easement through dedicated public parkland for the Rhine Valley Unit 3B development. (B. James /L. Shrum) October 22, 2019 City Council Agenda Page 2 Resolution No. 19 -R -144 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the Amendment No. 3 to the Economic Development Incentive Agreement with Amazon.com Services, Inc. and other matters in connection therewith. (M. Browne /J. Kolbe) ']. Resolution 19 -R -146 - Consideration and /or action of a Resolution approving a bond resolution adopted by the board of directors of the Schertz /Seguin Local Government Corporation authorizing the issuance of obligations designated as "Schertz /Seguin Local Government Corporation contract revenue refunding bonds, Series 2019 (San Antonio Water System Expansion Water Treatment Project 2) "; acknowledging that these obligations were sold to the authorized representative of a group of underwriters identified in the preliminary official statement pursuant to the provisions of a purchase contract; ratifying, reconfirming, and readopting the provisions of a mutual regional water supply contract executed between the City of Schertz, Texas, the City of Seguin, Texas, the Schertz /Seguin Local. Government Corporation, and the City of San Antonio, Texas, acting by and through its San Antonio Water System; authorizing the Mayor, the City Secretary, and /or the City Manager 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. (C. Kelm /J. Walters) g Resolution No. 19 -R -105 - Consideration and/or action approving a Resolution authorizing the City Manager to enter into an agreement with Babcock Road 165, Ltd. for reimbursement for a roadway extension to Ripps Kreusler. (M. Browne /B. James) 9 Resolution No. 19 -R -1.47 - Consideration and/or action approving a Resolution authorizing the City Manager to enter into an agreement with ILF N -T Owner, LP. for reimbursement for a roadway extension in the Homestead Development. (M. Browne /B. James) 10. Resolution 19 -R -141 - Consideration and/or action accepting the appraised value offer of the Texas Department of Transportation (TxDOT) to acquire a parcel of land needed for the FM 1518 expansion project, and other matters in connection therewith. (B. James /K. Woodlee) 11. Ordinance 19 -5 -25 - Consideration and/or action approving an Ordinance on a request for a Specific Use Permit to allow a convenience store with gas pumps on approximately 8.5 acres of land, more specifically described as the northwest corner of the intersection between IH -35 and Schwab Road, City of Schertz, Comal County, Texas (B. James /L. Wood/N. Koplyay) Final Reading. 12 Resolution No. 19 -R 142 - Consideration and /or action approving a Resolution authorizing the revised By -Laws of the Planning and Zoning Commission, and other matters in connection therewith. (B. James / L. Wood / E. Delgado) 13. Cancellation of the November 26, 2019, Council Meeting - Consideration and/or action cancelling the November 26, 2019, City Council meeting due to Thanksgiving. (M. Browne/B. Dennis) Discussion and Action Items October 22, 2019 City Council Agenda Page 3 14 Ordinance No. 19 -M -28 - Consideration and/or action approving an Ordinance amending the City Council Rules of Conduct and Procedure; repealing all ordinances or parts of ordinances in conflict with the ordinance. (Mayor /Council/B. Dennis) First and Final reading declaring an emergency. Public Hearings 15 Ordinance 19 -5 -27: Conduct a public hearing, consideration and /or action for an Ordinance on a request to rezone approximately 27 acres of land from General Business District (GB) and Manufacturing Light District (M -1) to Planned Development District (PDD), located at 17975 I1-1-35, City of Schertz, Guadalupe County, Texas (B. James, L. Wood, N. Koplyay) First Reading Roll Call Vote Confirmation Workshop 16. Water Meters - Workshop and discussion on the new water meters and bill amounts in August and September. (B. James /J. Walters) (Item requested by Councilmember Larson) 17. City Council Code of Ethics - Discussion and Consideration and/or action regarding the City Council Code of Ethics. (Mayor /Council) (Item requested by Mayor Carpenter) Roll Call Vote Confirmation Requests and Announcements • Announcements by the City Manager. • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. • 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 Information available in City Council Packets - NO DISCUSSION TO OCCUR 18. Monthly update on major projects in progress /CIP. (B. James /K. Woodlee) Adjournment October 22, 2019 City Council Agenda Page 4 CERTIFICATION I, GAYLE WILKINSON, DEPUTY CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 18th DAY OF OCTOBER 2019 AT 4:05 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. GAYLE WILKINSON 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 , 2019. TITLE: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. ff 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 closed 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. Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed 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 Scagliola — Place 5 Main Street Committee Interview Committee for Boards and Commissions - Alternate Hal Baldwin Scholarship Committee Schertz- Seguin Local Government Corporation Cibolo Valley Local Government Corporation - Alternate Councilmember Davis— Place 1 Councilmember Gutierrez — Place 2 Audit Committee Audit Committee Schertz Housing Authority Board Investment Advisory Committee Interview Committee for Boards and Interview Committee for Boards and Commissions Commissions Main Street Committee — Chair TIRZ II Board October 22, 2019 City Council Agenda Page 5 Councilmember Larson — Place 3 Main Street Committee — Vice Chair Councilmember Heyward — Place 6 Schertz Animal Services Advisory Commission. Investment Advisory Committee Councilmember Edwards — Place 4 Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation. Main Street Committee Councilmember Brown — Place 7 Audit Committee Schertz- Seguin Local Government Corporation - Alternate October 22, 2019 City Council Agenda Page 6 ei 10UM City Council October 22, 2019 Meeting: Agenda No. 1. Department: City Secretary Subject: Minutes — Consideration and/or action regarding the approval of the minutes of the meeting of September 24, 2019. (G. Wilkinson) The City Council held a Regular City Council meeting on September 24, 2019. RECOMMENDATION Recommend Approval. Attachments 09 -24 -2019 Draft Minutes DRAFT MINUTES REGULAR MEETING September 24, 2019 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 24, 2019, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Present: Mayor Michael Carpenter; Mayor Pro -Tem Tim Brown; Councilmember Mark Davis; Councilmember Ralph Gutierrez; Councilmember Scott Larson; Councilmember Cedric Edwards; Councilmember David Scagliola; Councilmember Allison Heyward City City Manager Dr. Mark Browne; Assistant City Manager Brian James; Staff: Assistant City Manager Charles Kelm; Assistant to the City Manager Sarah Gonzalez; City Attorney Daniel Santee; City Secretary Brenda Dennis; Deputy City Secretary Gayle Wilkinson Call to Order — City Council Regular Session Mayor Carpenter called the regular meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Ralph Gutierrez) Presentations • Proclamation recognizing Fire Prevention Week October 6 - 12, 2019. Mayor Carpenter gave a brief review of a recent storm and the quick response of our Fire Department and commended them. Mayor Carpenter then recognized Assistant Fire Chief Greg Rodgers and Fire Marshal Thomas Pinder who commented on the importance of Fire Safety and announced the upcoming Poster Contest during Fire Prevention Week. • Proclamation recognizing Domestic Violence Awareness Month. Mayor Carpenter commented on how no community is free from domestic violence and commended those who respond to domestic violence and those involved in the aftermath of domestic violence. Mayor Carpenter recognized Crime Victim Liaison for Schertz, Cibolo, and Live Oak Nicole Douglass who thanked Schertz for their support and announced an event in Schertz on October 28, A Candlelight Vigil at 6:30 p.m. in Pickrell Park. A representative /employee of Guadalupe Valley Family Violence Shelter Ashton Story thanked the City of Schertz for their support and announced a fund - raiser that will be held on September 28, in Seguin at the Silver Center on 510 E. Court Street. Employee Recognition • Recognition of Lt. Manny Casas graduating the FBI National Academy. Mayor Carpenter recognized Police Chief Michael Hansen who gave a brief history of the FBI National Academy and commended Lt. Manny Casas and his family for the sacrifices they made for this coveted accomplishment. Police Chief Michael Hansen presented Lt. Manny Casas with a ribbon and a Chiefs coin for his exceptional work and his accomplishment. Police Chief Michael Hansen also awarded Lt. Manny's wife Patty and son Alex a Chiefs coin for their support and sacrifice during this endeavor. City Manager Mark Browne gave a few words of congratulations to Lt. Manny Casas for his accomplishment and expressed how proud the City of Schertz was of him and thanked him for his performance and great work. Lt. Manny Casas thanked Police Chief Hansen for his support and the support from the City of Schertz. Mayor Carpenter also thanked and congratulated Lt. Manny Casas in behalf of all the residents of Schertz, Council, staff, and his family for his accomplishment and commented on how this type of work brings exceptionalism back to the City of Schertz. • Recognition of Kyle Kinateder, Executive Director Economic Development. Mayor Carpenter recognized City Manager Mark Browne who recognized Executive Director of Economic Development Kyle Kinateder for his outstanding service to our City and announced he will be leaving the City of Schertz for an Economic Directors position in Midlothian, Texas. He also commented on the tremendous value Kyle has been to our City and noted some of his accomplishments. Executive Director of Economic Development Kyle Kinateder expressed his appreciation to serve the City of Schertz and noted the City of Schertz, as a community, is in a better position due to the work of all staff and Council working together. He thanked Council for their willingness to work and support Economic Development. N Mayor Carpenter gave an overview of accomplishments over the last seven years during Kyle's employment with Schertz and thanked him for his exceptional work. City Events and Announcements *Announcements of upcoming City Events (B. James /C. Kelm/S. Gonzalez) Assistant to the City Manager Sarah Gonzalez announced the following: Election notice: The City of Schertz will be holding a Joint General and Special Election on November 5, 2019, for the purpose of electing Councilmembers for Place 1, Place 2 and for Mayor and for a Special Election to fill the vacancy of the unexpired term for Councilmember Place 4. Thursday, September 26, 2019 — 5:00 p.m. Last day to file for the Special Election to fill the vacancy with the unexpired term of Place 4— Candidate packets are available online as well as in the City Secretary's Office. Monday, October 7, 2019, Last day for submitting voter registration applications in time to vote at the upcoming November 5, 2019, Election. Monday, October 21st through November 1, 2019 — Early voting begins Information regarding Early Voting and Election Day Voting Centers for Comal, Guadalupe and Bexar County will be available on the city's website and the October issue of the Schertz Magazine. Adult Dodgeball is on hiatus until the new league begins Sunday, January 5th in the Community Center. Saturday, September 28 "Homes for Dogs" Project Pet adoption and donation event Schertz Animal Adoption Center 10:00 am -1:00 pm 800 Community Circle Tuesday, October 1 Regular City Council Meeting canceled due to National Night Out — Mayor and Councilmembers meet in the City Manager's Office area at 5:30 p.m. for a 5:45 p.m. departure to the neighborhood block parties. Annual Fall Clean -Up October 5 -20 Fall clean -up is a service offered to Schertz residents twice a year to help get rid 3 of household waste not covered under the normal collection service. Hazardous Items /Tires Drop -off October 5 -6 For more information on both services, call Republic Services at 210 - 304 -2787, Schertz Public Works at 21.0 - 61.9 -1800, or dial 311. Friday, October 4 Manufacturing Day Contact Economic Development Corporation (EDC) for more information Saturday, October 5 Love Where You Live - Clean -up /Fix -up Northcliffe Neighborhood Sign -in 7:30 am at Wendy Swan Memorial Park Work projects 8:00 am -4:00 pm Neighborhood celebration picnic from 4:00 pm -6:00 pm Call 210- 651 -5462 for more information. Saturday, October 5 Coffee with a Cop 10:00 am -11:00 am Starbucks on 917 FM 3009 at Elbel Road. Saturday, October 5 Dunkin' for Pumpkins Schertz Aquatic Center 5:OOp pm -7:00 pm The Schertz YMCA is partnering with the City of Schertz for the Third Annual Floating Pumpkin Patch! Come prepared to have fun swimming with pumpkins and the opportunity to pick out your favorite pumpkin! Call 210- 619 -1900 for more information. Tuesday, October 8 City Council. Meeting canceled due to the Annual Texas .Municipal League Conference to be held in San Antonio. Saturday, October 12 CPR/AED Training 9:00 am -noon First Aid Training 1:00 pm -4:00 pm EMS Training Room, Building # 7 For more information and to register, please call 210 -619 -1430. Saturday, October 12 Local Author Fair Schertz Public Library 1:00 pm -3:00 pm Join us for a Local Author Fair at the Library! Selected authors will share information about their work and writing process. Following the presentations, attendees will have the opportunity to ask questions and purchase books from the 11 authors. Authors selected for the fair have written books for children and adults, in both fiction and non - fiction categories. Monday, October 14 City Offices Closed in Observance of Columbus Day Tuesday, October 15 Chamber Luncheon 11:30 am Schertz Civic Center Tuesday, October 22 City Council Meeting 6:00 pm City Council Chambers . Announcements and recognitions by the City Manager (M. Browne) City Manager Mark Browne announced the following: City Manager Mark Browne recognized our Water and Streets crew for their efficient work on a major water main break in our City. The following were recognized by name: Water crew were Jerad Moheit, Don Sarten, Moses Flores, Allen Diaz, Devin Saloka, Ish pardo, Anthony Jminez, Jordan Villarreal, Jeremy Ryel, and Steven Armstrong and the Streets crew were Ron Sand and Everado Guzman. City Manager Mark Browne also acknowledged a recent deployment for Tropical Storm Imelda that involved many of our Public Safety personnel specifically in our Fire Department and EMS. Our Fire Department deployers were Mack Melancon and Chris Meek who were able to rescue 150 to 200 people along with an unknown amount of animals. Our EMS deployer Chris Foerster was on a boat squad responsible for 240 victim encounters with 50 of them classified as rescues. Our EMS also deployed our AMBUS which evacuated one nursing home with 182 patient encounters. The EMS AMBUS crew were Brandon Hill - Crew Chief, David Retano - Load Master /Driver, Tyler Bowker - Crew Member, Jansin Williams - Crew Member, Frankie Trifilio - Crew Member, and Tyler McNiel - Crew Member. City Manager Mark Browne commented on how the deployed personnel represented our City in an outstanding manner. • Announcements and recognitions by the Mayor (M. Carpenter) Mayor Carpenter commented on the efficiency of our staff during the major water main break and of the systems our City has put in place for such emergent situations. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Carpenter recognized the following residents: Gary Pirkle - 1032 Gate Creek Lane - Expressed his concerns about his high water bill and the new meters. He gave several specs on his water usage in the past and current usage. Mr. Pirkle asked that the City look into the new meters and false readings on water bills and would like the option of an opt out policy to get his old meter back. Cyndi Burress - 1108 Dimrock - Expressed her concern about her high water bill and for other residents in Schertz since the new meters have been put in. She asked the City to please address this problem for the citizens. Mayor Carpenter assured the residents that the City hears them in reference to their water bills and meters and is actively looking into this problem. He asked that residents who are having problems with their water bills to bring it forward to the City Manager, himself, or Council. Jennifer Hackworth - 5144 Knollwood - Expressed her concern as a citizen and a parent about 5G. She gave a brief history on 5G to make Council aware of the dangers it brings to a community. Mayor Carpenter encouraged those that had concerns about 5G to contact their State Representatives both in the House and the Senate. 6 Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Consideration and /or action regarding the approval of the minutes of the regular City Council meetings dated September 3, 2019 and September 10, 2019. (B. Dennis) 2. Calling a Special Meeting November 18, 2019 — Consideration and/or action calling a special meeting on Monday, November 18, 2019 to canvass the results of the November 5, 2019 General and Special Election and call a Runoff Election if necessary. (M. Browne /Mayor /Council/B. Dennis) 3. Resolution No. 19 -R -126 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing Memorandums of Understanding with the Texas Department of Public Safety, for the purpose of obtaining a certification of commercial vehicle enforcement authority and other matters in connection therewith. (C. Kelm/M. Hansen) Councilmember Scagliola requested Item 4 to be removed and considered individually. 4. Resolution No. 19 -R -131 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to enter an Interlocal Agreement for Wholesale Treatment of Wastewater Services between the City of Schertz and the Cibolo Creek Municipal Authority (CCMA) regarding the Northcliffe Wastewater Plant currently operated by Guadalupe Blanco River Authority (GBRA). (C. Kelm /J. Hooks) Mayor Carpenter recognized Water /Wastewater Manager Jimmy Hooks and City Manager Mark Browne who answered questions /concerns from Councilmember Scagliola. Moved by Councilmember David Scagliola, seconded by Councilmember Mark Davis to approve Resolution No. 19 -R -131. AYE: Mayor Pro -Tern Tim Brown, Councilmember Mark. Davis, Councilmember Ralph Gutierrez, Councilmember Scott Larson, Councilmember Cedric Edwards, Councilmember David Scagliola, Councilmember Allison Heyward Passed 5. Resolution No. 1.9 -R -1.32 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing additional expenditures with Ford Engineering, Inc., in a total project amount not to exceed $71,822.30 for design, bid, and construction phase engineering services for the FM 1103 Water and Waste -water line relocation project in advance of the FM 1103 road widening project. (C. Kelm /J. Hooks) 6. Resolution No. 19 -R -133 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing additional expenditures with Ford Engineering, Inc., in a total project amount not to exceed $147,724.00 for design, bid, and construction phase engineering services for the East Live Oak Pump Additions Project, and other matters in connection therewith. (C. Kelm /J. Hooks) 7. Resolution No. 19 -R -1.37 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the nomination of Mr. Daryl John for the Guadalupe County Appraisal District Board of Directors, and other matters in connection therewith. (B. Dennis) 8. Resolution No. 19 -R -138 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the nomination of J. Keith Hughey for the Bexar County Appraisal District Board of Directors and other matters in connection therewith. (B. Dennis) 9. Resolution No. 19-R-139 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the nomination of Dan Krueger for the Comal County Appraisal District Board of Directors, and other matters in connection therewith. (B. Dennis) 10. Resolution No. 19 -R -110 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to extend the existing contracts for landscape maintenance of medians, parkways, and public grounds, with Maldonado Nursery and Landscaping and ACE CO. for up to three (3) one (1) year extensions. (B. James /L. Shrum) Councilmember Scagliola requested Item 11 to be removed and considered individually. 11. Resolution No. 19 -R -104 - Consideration and/or action approving a Resolution authorizing the sixth amendment to the Interlocal Agreement with the Alamo Area Council of Governments (AACOG) to provide funding of $42,666.00 for Transit Services in the City of Schertz. (B. James) Mayor Carpenter recognized Councilmember Scagliola who made the comment there was not a lot of publicity about the Transit Services program and would like to see more advertising about the program and what was available to the citizens of Schertz. Assistant City Manager Brian James stated they would run this concern through the Traffic Safety and Advisory Commission (TSAC) to get some suggestions on how to better publicize the N•: . Moved by Councilmember David Scagliola, seconded by Councilmember Mark Davis to approve Resolution No. 19 -R -104. AYE: Mayor Pro -Tem Tim Brown, Councilmember Mark Davis, Councilmember Ralph Gutierrez, Councilmember Scott Larson, Councilmember David Scagliola, Councilmember Allison Heyward Passed 12. Resolution No. 19 -R -135 Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the purchase of equipment for AN Upgrades for the Schertz Civic Center in an amount not to exceed $235,150 with Summit Integration Systems. (S. Gonzalez /E. Matlock) Moved by Mayor Michael Carpenter, seconded by Councilmember Ralph Gutierrez to approve Consent items 1,2,3,5,6,7,8,9, 10 & 12. AYE: Mayor Pro -Tem Tim Brown, Councilmember Mark Davis, Councilmember Ralph Gutierrez, Councilmember Scott Larson, Councilmember Cedric Edwards, Councilmember David Scagliola, Councilmember Allison Heyward Passed Councilmember Scagliola requested Item 13 to be removed and considered individually. 9 13. Resolution No.1.9 -R -1.27 - Consideration and /or action approving a resolution by the City Council of the City of Schertz, Texas authorizing EMS debt revenue adjustments, Utility Billing debt revenue adjustments and Schertz Magazine debt revenue adjustments for certain inactive outstanding receivables and other matters in connection therewith. (B. James /J. Walters) Mayor Carpenter recognized Finance Director James Walters, EMS Director Jason Mabbitt, and the Mayor himself who answered questions from Councilmember Scagliola and recognized other Councilmembers comments. Moved by Mayor Michael Carpenter, seconded by Councilmember Cedric Edwards to approve Resolution No. 19 -R -127. AYE: Mayor Pro -Tem Tim Brown, Councilmember Mark Davis, Councilmember Ralph Gutierrez, Councilmember Scott Larson, Councilmember Cedric Edwards, Councilmember David Scagliola, Councilmember Allison Heyward Passed Mayor Carpenter moved to go back to Workshop item 14 after the Public Hearing item 19. Workshop 14. Discussion of potential refunding opportunity of outstanding SAWS contract Revenue Bonds of the Schertz /Seguin Local Government Corporation to achieve debt service saving on the bonds and therefore annual savings to SAWS. (M.Browne /B. James /J. Walters /M. McLiney) Mayor Carpenter recognized Finance Director James Walters who introduced SAMCO Capital Markets representative Andrew Friedman who represents Schertz and Schertz- Seguin Local. Government Corporation (SSLGC) in bond issuances and refinancing. Mr. Friedman gave a handout to Mayor and Council for their review and gave a brief explanation and answered questions from Council. No action taken at this time. Discussion and Action Items Mayor Carpenter moved to item 15 after Consent item 13 under Discussion and Action Items. 10 15. Resolution No. 19-R-129 - Consideration and /or action approving a Resolution 19 -R -129 authorizing and approving a revised election contract with the Guadalupe County Election Administrator for the conduct of our November 5, 2019, General election for the purpose of electing Councilmembers for Place 1, Place 2, and for Mayor for a three term and a Special election for the purpose of electing a Councilmember for Place 4 for the remaining year of the expired term. (M. Browne /Mayor- Council/B. Dennis) Mayor Carpenter recognized City Secretary Brenda Dennis who introduced Guadalupe County Election Administrator Lisa Hayes and gave a brief explanation of the revised contract with Guadalupe County. Moved by Councilmember Cedric Edwards, seconded by Councilmember Mark Davis to approve Resolution No. 19 -R -129. AYE: Mayor Pro -Tem Tim Brown, Councilmember Mark Davis, Councilmember Ralph Gutierrez, Councilmember Scott Larson, Councilmember Cedric Edwards, Councilmember David Scagliola, Councilmember Allison Heyward Passed Mayor Carpenter moved to item 16 following item 15 under Discussion and Action Items. 16. Resolution No. 19 -R -130 - Consideration and /or action approving a Resolution authorizing and approving an Election contract with Comal County Clerk Bobbie Koepp for the conduct of our November 5, 2019, General Election for the purpose of electing Councilmembers for Place 1, Place 2 and for Mayor for a three -year term and a Special Election for the purpose of electing a Councilmember for Place 4 for the remaining year of the unexpired term. (M. Browne /Mayor- Council /B. Dennis) Mayor Carpenter recognized City Secretary Brenda Dennis who introduced Comal County Clerk Bobbie Koepp and Election Coordinator and Deputy to the County Clerk Cynthia Jaqua who worked closely with her on the election contract with Comal County. City Secretary Brenda Dennis complimented Public Affairs and specifically Communications Manager Devan Flores and Assistant to the City Manager Sarah Gonzalez for the wonderful work done on the Notice of General & Special Election Vote Centers for Early Voting and Election Day Vote Centers. A copy of the document was given to Mayor, Council and our City Attorney. City Secretary Brenda Dennis gave a brief explanation of the significance of the document. Moved by Councilmember Cedric Edwards, seconded by Councilmember David Scagliola to approve Resolution No. 19 -R -130. AYE: Mayor Pro -Tern Tim Brown, Councilmember Mark Davis, Councilmember Ralph Gutierrez, Councilmember Scott Larson, Councilmember Cedric Edwards, Councilmember David Scagliola, Councilmember Allison Heyward Passed Mayor Carpenter moved to go to item 17 after item 18 on Discussion and Action Items. 17. Ordinance No. 1.9 -T -26 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the FY 2018 -19 Budget to transfer personnel budgets between departments, repealing all ordinances or parts of ordinances in conflict with this ordinance; declaring an emergency; and providing an effective date. (M. Browne /J. Walters) First and final reading. Mayor Carpenter recognized Finance Director James Walters who gave a brief explanation the adjustment to the FY 2018 -2019 Budget. Moved by Councilmember Allison Heyward, seconded by Councilmember Cedric Edwards to approve Ordinance 19 -T -26 First & Final Reading - declaring an emergency. AYE: Mayor Pro -Tern Tim Brown, Councilmember Mark Davis, Councilmember Ralph Gutierrez, Councilmember Scott Larson, Councilmember Cedric Edwards, Councilmember David Scagliola, Councilmember Allison Heyward Passed Mayor Carpenter moved to go to item 18 on Discussion and Action items after Workshop item 14. 18. Resolution No. 19 -R -134- Consideration and /or action approving a Resolution authorizing Professional Service Agreements with Ford Engineering, Inc., Halff Associates, Inc., Kimley -Horn and Associates, Inc., and Utility Engineering Group, PLLC, for on -call engineering services and all matters in connection therewith. (B. James /K. Woodlee) Mayor Carpenter recognized City Engineer Kathy Woodlee who gave a brief explanation for on -call engineering services contracts and answered questions from Council. Moved by Mayor Michael Carpenter, seconded by Councilmember Mark Davis to approve Resolution 19 -R -134. AYE: Mayor Pro -Tem Tim Brown, Councilmember Mark Davis, Councilmember Ralph Gutierrez, Councilmember Scott Larson, Councilmember Cedric Edwards, Councilmember David Scagliola, Councilmember Allison Heyward Passed Public Hearings Mayor Carpenter moved to go to Public Hearing item 19 after Discussion and Action Items 16. 19. Ordinance 19 -S -25 - Conduct a public hearing and consideration and /or action approving an Ordinance on a request for a Specific Use Permit to allow a convenience store with gas pumps on approximately 8.5 acres of land, more specifically described as the northwest corner of the intersection between IH -35 and Schwab Road, City of Schertz, Comal County, Texas (B. James /L. Wood/N. Koplyay) First Reading. Mayor Carpenter recognized Planner I Nick Koplyay who gave a Power Point and brief explanation on a Specific Use Permit to allow a convenience store with gas pumps. Real Estate Project Manager for Quick Trip Corporation J.D. Dudley gave a brief Power Point on the design rendering of the new Quick Trip store proposed for Schertz. Mayor Carpenter opened the Public Hearing, and as there was no one who spoke; closed the Public Hearing for Council comments. No comments from Council. Moved by Councilmember Cedric Edwards, seconded by Councilmember Mark Davis to approve Ordinance 19 -S -25 first reading. AYE: Mayor Pro -Tem Tim Brown, Councilmember Mark Davis, Councilmember Ralph Gutierrez, Councilmember Scott Larson, Councilmember Cedric Edwards, Councilmember David Scagliola, Councilmember Allison Heyward Passed 13 Roll Call Vote Confirmation Deputy City Secretary Gayle Wilkinson provided roll call for items 1 - 13 & 15 - 19. Requests and Announcements • Announcements by the City Manager. None at this time. • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Councilmember Larson requested a workshop /update on what the City has done to look into the water meter issue and the City's current status on the issue. • 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 Councilmember Gutierrez attended the following events: • Pizza with the Police • Meet the Firefighters at Starbucks • NEP Luncheon • Chamber Luncheon Councilmember Edwards attended the following events and made the following comment: • Pizza with the Police • Went to Starbucks and had a cup of coffee and drove around Schertz to say hi to everyone. Councilmember Heyward attended the following events: • Pizza with the Police • Chamber ribbon cutting at the Eyemart in Selma • NEP Luncheon Mayor Carpenter announced he has been invited on Sunday, September 29 to join a group at Fort Sam Houston to attend a luncheon for the Gold Star mothers. He asked as we go through our weekend to think about all of those who have given their lives in the service of our country and in the preservation of this republic. Im Information available in City Council Packets - NO DISCUSSION TO OCCUR 20. Corbett Elevated Water Storage Tank Logo Rending. (K. Woodlee /S. McClelland) 21. Election notice - City of Schertz Joint /General and Special Election notice with Bexar, Comal and Guadalupe Counties - for the purpose of electing Councilmembers in Place 1, Place 2 and for Mayor for a three -year term beginning November 2019 and ending November 2022 and for a Special Election to fill the vacancy of the unexpired term for Councilmember Place 4. (M. Browne /Mayor- Council /B. Dennis) Adjournment As there was no further business Mayor Carpenter adjourned at 7:37 p.m. ATTEST: Gayle Wilkinson, Deputy City Secretary Michael R. Carpenter, Mayor Agenda No. 2. ei Olum City Council October 22, 2019 Meeting: Department: Purchasing & Asset Management Subject: Resolution No. 19-R-143 - Consideration and/or action approving a Resolution authorizing a Personal Services Agreement with Charmain Sanchez for services related to marketing and developing certain City Property for the purpose of the installation and operation of wireless communications equipment and systems and the continued management of the City's telecommunications tenants. (C. Kelm /J. Gohlke) I YXI GX i IG0k,I The City staff determined that the City requires the services of a skilled consultant relating to the marketing and managing of City real estate for telecommunications development. On August 5, 2008 the City passed and adopted Resolution. No 08 -R -42 authorizing the City Manager to execute a Personal Services Agreement with Charmain Sanchez, an individual uniquely qualified to provide such services for the City that terminated on September 30, 2019. Staff has determined it is in the best interest of the City to continue to contract these services. GOAL Contract for Personal Services Agreement with Charmain Sanchez, skilled consultant relating to the marketing and managing of City real estate for telecommunications development, to ensure the City continues to obtain optimal rates for these leases. COMMUNITY BENEFIT These lease of space provides a revenue to the City that can be utilized for maintaining optimal City operations. SUMMARY OF RECOMMENDED ACTION Staff recommends Council approve Resolution 19 -R -143 FISCAL IMPACT For the continuation of Services under the Agreement, the Consultant shall receive a Management Fee equal to thirty percent (30 %) of the "Gross Receipts" collected by the City from lease or rental agreements executed during the term of the Original Agreement and for the term of this Agreement and any renewal(s) hereof. "Gross Receipts" means all revenues collected by the City from leases or rental agreements entered into by the City pursuant to the Original. Agreement and this Agreement, less refundable deposits. Staff recommends Council approve Resolution 1.9 -R -143 Attachments Resolution 19 -R -143 RESOLUTION NO. 19 -R -143 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PERSONAL SERVICES AGREEMENT WITH CHARMAIN SANCHEZ FOR SERVICES RELATED TO MARKETING AND DEVELOPING CERTAIN CITY PROPERTY FOR THE PURPOSE OF THE INSTALLATION AND OPERATION OF WIRELESS COMMUNICATIONS EQUIPMENT AND SYSTEMS AND THE CONTINUED MANAGEMENT OF THE CITY'S TELECOMMUNICATIONS TENANTS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City requires personal services relating to marketing and developing certain City property or the purpose of the installation and operation of wireless communications equipment and systems and the continued management of the City's telecommunications tenants; and WHEREAS, City staff has determined that Charmain Sanchez is uniquely qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Charmain Sanchez pursuant to the Personal Services Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorized the City Manager to execute and deliver the Agreement with Charmain Sanchez in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of the 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 the :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 hereof 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 22nd day of October 2019. ATTEST: CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) Imoll PERSONAL SERVICES AGREEMENT W] PERSONAL SERVICES AGREEMENT This Personal Services Agreement (the "Agreement ") dated to be effective as of October 1, 2019 (the "Effective Date ") is between the City of Schertz, Texas, a Texas municipal corporation (the "City "), and Charmain Sanchez, an individual (the "Consultant "). WHEREAS, the City and the Consultant entered into that certain Personal Services Agreement dated as of August 5, 2008 (the "Original Agreement "), which Original Agreement through a series of extensions, terminated on September 30, 2019. WHEREAS, the City and the Consultant desire to enter into this Agreement to allow for the Consultant to continue to provide personal services to the City as set forth herein. WHEREAS, the City holds title to certain real properties described in Exhibit A attached hereto. Additional properties may be added to Exhibit A by way of amendments provided to the Consultant by the City. The properties and any additional properties that will be added to Exhibit A shall hereinafter be referred to as the "Property ". WHEREAS, the Consultant represents that she is experienced in the business of marketing real estate for telecommunication development and providing certain other real estate consulting services associated with the deployment of wireless communication equipment and systems. WHEREAS, the City desires to continue to engage the services of the Consultant to market and develop the Property for the purposes of the installation and operation of wireless communications equipment and systems, and the continued management of telecommunications tenants and the Consultant desires to continue to provide such services pursuant to the terms and conditions included herein. SECTION I RELATIONSHIP OF PARTIES• STANDARD OF WORK; SERVICES GENERALLY 1.1 The City hereby contracts with the Consultant to negotiate on the City's behalf in the leasing of the Property for the sole purpose of telecommunications development and the installation on the Property and the operation of telecommunications equipment and systems owned by entities other than the City (the "Services "). The Services shall include, but not be limited to the services listed on the attached Exhibit B. The Consultant may, by separate written agreement with the City, provide various additional real estate services. 1.2 The City and the Consultant agree that the Consultant is an independent contractor and not an agent or employee of the City. The City and the Consultant agree that their relationship arising from this Agreement does not constitute a general agency, a joint venture, partnership, employment relationship, or franchise between them. 1.3 The Consultant acknowledges that she will control the conduct and means of performing the Services required of the Consultant under this Agreement. The Consultant will provide all the Services herself, and she will not utilize any employees or independent contractors. She promises to adhere to all appropriate professional standards, including the maintenance of all licenses and permits required by law for any of the Services to be performed, and to complete all work in a timely manner, consistent with generally accepted marketing and property management procedures and standards of the real estate industry. 1.4 This Agreement is non - exclusive. The Consultant acknowledges that the City may enter into agreements with other persons or entities to provide any or all the Services described in this Agreement. SECTION II TERM; EXTENSION; TERMINATION 2.1 Subject to Section 2.03, this Agreement shall be for a term beginning October 1, 2019 . and ending on September 30, 2020 (the "Initial Term "). At the expiration of the Initial Term of this Agreement, upon mutual agreement between the City and Consultant the agreement will be renewed annually, for up to five (5) option periods in one (1) year term increments. 2.2 The City and the Consultant may agree to further renewals hereof. 2.3 Either party shall have the right to terminate this Agreement for any or no reason, upon delivery of thirty (30) days' prior written notice to the other. Further, either party may terminate this Agreement at any time for cause or for failure of the other to comply with the terms, representations, and conditions of this Agreement. Such termination shall not affect the Consultant's right to receive any Management Fees relating to lease or rental agreements before the date of termination as described in Section 4.01. SECTION III LEASING OF PROPERTY: COLLECTION OF RENT AND OTHER FEES 3.1 The Consultant shall make reasonable efforts to negotiate for the lease of available space on the Property for wireless communications services by entities other than the City. The City shall identify whether space on any particular piece of the Property is "available ". The Consultant shall be responsible for negotiations with prospective tenants and shall have the right to propose reasonable concessions aimed at inducing occupancy and use, subject to final approval by the City Manager. The Consultant shall not, without the prior written consent of the City council, propose any lease for a term of less than sixty (60) months or more than two hundred forty (240) months. The City Manager shall execute all lease and rental agreements on behalf of the City, before such agreements shall become effective and following approval by the City Council. 3.2 The Consultant shall not be responsible for the collection of any lease payments, planning zoning, or permit fees required by the City. These fees shall be paid directly to the City by the tenant or lessee and not to the Consultant. 3.3 All application fees, rents, and other income issuing from the Property shall be paid directly to the order of the City. Compensation due to the Consultant under Section IV shall be paid by the City to the Consultant after the corresponding Gross Receipts (as defined in Section 4.01) are received by the City from the tenant. SECTION IV COMPENSATION 4.1 For the continuation of Services under the Agreement, the Consultant shall receive a Management Fee equal to thirty percent (30 %) of the "Gross Receipts" collected by the City from lease or rental agreements executed during the term of the Original Agreement and for the term of this Agreement and any renewal(s) hereof. "Gross Receipts" means all revenues collected by the City from leases or rental agreements entered into by the City pursuant to the Original Agreement and this Agreement, less refundable deposits. 4.2 Unless otherwise provided for in this Agreement, the Management Fee provided in Section 4.01 includes all compensation receivable by the Consultant. 4.3 Unless otherwise agreed in writing by the City in advance, the Consultant shall be responsible for providing at her sole cost all equipment and supplies necessary or appropriate for performing the Services hereunder. SECTION V RECORDS AND REPORTS 5.1 The Consultant shall furnish the City, on a quarterly basis beginning December 2019, . a detailed statement of all activities by the Consultant pursuant to this Agreement. 5.2 The Consultant shall report to the City promptly any conditions concerning the Property that, in the opinion of the Consultant, require the attention of the City. SECTION VI INDEMNIFICATION 6.01 The Consultant agrees to indemnify and hold the City of Schertz, Texas and all of its Present, Future, and Former Agents, Employees, Officials and Representatives harmless in their official, individual and representative capacities from any and all claims, demands, causes of action, judgements, liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons (including death) or to property (both real and personal) created by, arising from or in any manner relating to the work or goods performed or provided by consultant—expressly including those arising through strict liability or under the Constitutions of the United States. SECTION VII GOVERNMENT REGULATIONS 7.01 The Consultant agrees to perform the Services hereunder in full compliance with all laws and regulations of any federal, state, county, or municipal authority having jurisdiction over the Property. SECTION VIII ASSIGNMENT: BINDING EFFECT 8.1 This Agreement and the rights, obligations and liabilities created hereunder shall be binding upon and inure to the benefit of the heirs, executors, administrators, legal representatives, successors, and assigns of each of the parties hereto, but no rights, obligations, or liabilities hereunder shall be assignable or delegable by the Consultant without the prior written consent of the City. The City may assign or delegate the rights, obligations, or liabilities created hereunder to its successor in interest without the consent of the Consultant. 8.2 All obligations by either party which expressly or by their nature survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding its expiration or termination and until they are satisfied in full or by their nature or within one year of termination, provided however that any obligations regarding protecting confidential information shall continue in perpetuity. SECTION IX IMPOSSIBILITY OF PERFORMANCE 9.01 Neither the City nor the Consultant shall be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations results from (a) compliance with any law, ruling, order, regulation, requirement, or instruction of any federal, state, or municipal government or any department or agency thereof or court of competent jurisdiction; (b) acts of God; (c) acts or omissions of the other party; or (d) fires, strikes, embargoes, war, insurrection, or riot. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. SECTION X M TR VTV AT, 10.01 The terms, provisions, representations, and warranties contained in this Agreement that by their sense and context are intended to survive the performance thereof by either or both parties hereunder shall so survive the completion of performances and termination of this Agreement, including the making of any and all payments due hereunder. SECTION XI CONFIDENTIAL INFORMATION 11.1 Any specifications, plans, drawings, sketches, models, samples, data, computer programs or documentation, or technical, or business information ( "Information ") furnished or disclosed by the City to the Consultant hereunder shall be deemed the exclusive property of the City, including title to copyright in all copyrightable material, and, when in tangible form, shall be returned to the City by the Consultant upon completion or termination of the related Services. Unless such information was previously known to the Consultant free of any obligation to the City to keep it confidential; or has been or is subsequently made public by the City, it shall be held in confidence by the Consultant, shall be used only for the purposes hereunder, and may be used for other purposes only upon such terms and conditions as may be mutually agreed upon in writing. 11.2 If the Consultant is served with process to obtain information, the Consultant shall immediately notify the City in writing, which shall have the right to seek to quash such process. SECTION XII INTEGRATION: MODIFICATION: SEVERABILITY: GOVERNING LAW 12.1 This Agreement embodies the entire understanding of the parties as to the subject matter hereof, and there are no further or other agreements or understandings, written or oral, in effect between the parties as to the subject matter hereof. The drafting, execution, and delivery of this Agreement by the parties have been induced by no representations, statements, warranties, or agreements other than those expressed in this Agreement, and except as expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties solely and not for the benefit of any other person(s) or entities. 12.2 A waiver, alteration, or modification of any of the provisions of this Agreement shall not be binding unless in writing and signed by authorized representatives of the parties to this Agreement. 12.3 A determination by a court of law with competent jurisdiction that a section or any part of a section of this Agreement is void, invalid, or unenforceable for any reason shall not render void, invalid, or unenforceable any other section or any part of any other section of this Agreement. 12.4 Nothing contained in this Agreement shall be deemed to create or shall be construed as creating in the Consultant any property interest in or to the Property. 1.2.5 Except to the extent governed by United States law that preempts state law, this Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Proper venue for any dispute or litigation shall be only in Guadalupe County, Texas. SECTION XIII MEDIATION• ATTORNEY'S FEES 13.1 Each party agrees that it or she shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the reach thereof ( "disputes ") to an alternate dispute resolution process before filing a suit concerning this Agreement. 13.2 Each party shall have the right to collect from the other all damages, reasonable costs and expenses, including reasonable attorneys' fees, incurred by a successful party in exercising or enforcing any of its rights or remedies hereunder or in enforcing any of the terms, conditions, or provisions of this Agreement in a court of law. SECTION XIV NOTTCF. 14.01 All notices, requests, demands, or other communications affecting the terms of this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person, by facsimile or within five (5) days after deposited in the United States mail, postage prepaid, certified, with return receipt requested. Notice shall be addressed to the parties as follows: The City: The City of Schertz Attn: City Manager 1.400 Schertz Parkway Schertz, TX 78154 Telephone: (21.0) 61.9 - 1.01.5 Facsimile: (21.0) 61.9 -1.029 With a contemporaneous copy to: Charles Zech Denton Navarro Rocha Bernal & Zech, P.C. 2517 N. Main Ave. San Antonio, TX 78212 Telephone: (210) 227 -3243 The Consultant: Charmain Sanchez 5596 Copper Creek New Braunfels, TX 78132 Telephone: (210) 844 -1.233 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. CITY OF SCHERTZ 0 Mark Browne, City Manager CHARMAIN SANCHEZ i-A Charmain Sanchez The Propert y The Property is comprised of those water tank locations noted as "Cell Capable" on the graphic on the following page. ThP CAr71rAQ 1. The Consultant shall provide non - exclusive consulting services, advice, and assistance sufficient for the City as determined by other means suitable to accommodate wireless telecommunications facilities and /or switching buildings or towers on the Property, to an extent previously authorized by the City. 2. The Consultant shall obtain Entry and Testing Agreements signed by the prospective tenant and the City when appropriate for site access, to survey the proposed site, to have an E -911 address assigned to the site and any environmental testing when required or determined by the prospective tenant (at such tenant's expense). 3. Upon approval by the City of a Tower Site Application, the Consultant will enter into final negotiations with the prospective tenant. Leases will be negotiated by the Consultant with appropriate assistance and approval of the City Attorney, subject to final approval by the City Council. 4. The Consultant will submit to the City a lease package which shall include a Lease Summary Sheet identifying the lease terms and other pertinent data necessary for lease administration, the required number of executed originals by the tenant and the City of the Lease, and, if requested by the City, a Memorandum of Lease Agreement for signature. The lease package will also include related documents with the Lease that may include the following: Lease Summary Sheet (to be completed when the Lease is ready to be signed by the City) Entry and Testing Agreement (to be signed before /during lease negotiations) Construction Drawings (the Consultant to coordinate the City's receipt of signed Construction Drawings for its records) ei Olum City Council October 22, 2019 Meeting: Department: Library Agenda No. 3. Subject: Resolution No. 19-R-145 - Consideration and /or action approving a Resolution authorizing a Public Library Interlocal Agreement with Guadalupe County, Texas. (B. James /M. Uhlhorn) The City of Schertz and Guadalupe County have had an interlocal agreement regarding the provision of library service to County residents since 1981. The Commissioners' Court has long held the view that library services are beneficial to all County residents and has entered into agreements with each of the three public libraries in the County to provide library service to all its residents for many years. The proposed Interlocal Agreement is for one fiscal year, from October 1, 2019 through September 30, 2020, and renews each successive year. The agreement can be terminated by either party with written notice not less than 30 days prior to the agreement's end. It should be noted that the vast majority of Guadalupe County Schertz Library cardholders live within the city limits of the cities of Schertz, Cibolo and Selma and are entitled to use the Schertz Library as a result of Schertz resident status, or as a result of agreements the City of Schertz has with the other cities. A recent look at statistics shows only 3.57% of the library's cardholders live in other parts of Guadalupe County. As a reminder, the City of Cibolo has provided funding for the Schertz Library since the late 1990s. The FY 2020 agreement is in the amount of $35,000. The City of Selma has provided funding since 2009 and the FY 2020 interlocal agreement will provide approximately $25,000 in the upcoming fiscal year. One other item of note—it has been the Schertz Library's practice to allow residents of the State of Texas to use the library free of charge. Out of state residents pay $15.00 per person per year to have full access to all resources. The Texas State Library has a program called Texshare that Schertz participates in. The program allows Schertz Library cardholders to have access to resources, though often on a limited basis, at other participating libraries, including the San Antonio Public Library System, Seguin Library and the New Braunfels Library System. GOAL N/A COMMUNITY BENEFIT This Interlocal agreement is mutually advantageous to both the County and the City. It allows the County to efficiently and economically provide library service to its residents who would not otherwise have it, and the City receives funds that help offset operating costs for its residents. Y1104 104 El I] a 71[0/70/ 104 10101111 01 11XIXIN I [1W, N/A FISCAL IMPACT The County will pay the City $217,152 in monthly installments of $18,096.00 for Library Services as outlined in the ILA under section III. Consideration. The Schertz Library budget is $1,025,736 for FY20. RECOMMENDATION Staff recommends adoption of Resolution 19 -R -145 authorizing the Public Library Interlocal Agreement with Guadalupe County to permit all citizens of the County to utilize the City's library facilities. Attachments ILA Resolution ILA RESOLUTION NO. 19 -R -145 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PUBLIC LIBRARY INTERLOCAL AGREEMENT WITH GUADALUPE COUNTY, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the "City Council ") of the City of Schertz (the "City ") has determined that it is in the best interest of the City to enter into a Public Library Interlocal Agreement with the Guadalupe County, Texas (the "County "), permitting the citizens of the County to utilize the services of the City's public library; now, therefore, 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 execute and deliver the Public Library Interlocal Agreement with Guadalupe County in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 22nd day of October, 2019. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, TRMC, CMC City Secretary (CITY SEAL) SCHERTZ Selma ILA Library.doc EXHIBIT A PUBLIC LIBRARY INTERLOCAL AGREEMENT See attached SCHERTZ Selma ILA Library.doe A -1 STATE OF TEXAS § COUNTY OF GUADALUPE § PUBLIC LIBRARY INTERLOCAL - • GUADALUPE COUNTY AND THE CITY OF SCHERTZ 100- 630 - 800.4945 This Public Library InterLocal Agreement, effective as of the date of final execution (hereinafter referred to as "Agreement "), is between Guadalupe County (hereinafter referred to as "County "), Texas, and the City of Schertz, (hereinafter referred to as "City "), Texas. WHEREAS, the City has an established public library and has for several years provided free public library services to all citizens of the County residing in or near the City by informal agreement with the County; and WHEREAS, the County and the City have determined to enter into this Agreement relating to the provision of free public library services (hereinafter referred to as "Library Services "), to the citizens of the County, and to set out the purposes, terms, rights, objectives, duties, and responsibilities of the County and the City with respect thereto; and WHEREAS, the County and the City have determined that the provision of the Library Services is a public purpose and within their statutory powers of government; and WHEREAS, the County and City are political subdivisions of the State of Texas, and are authorized to execute this Agreement pursuant to Texas Government Code 791.001 et. seq. as amended, and Local Government Code Section 323, as amended (the "Act "). NOW, THEREFORE, the County and the City, acting by and through their duly authorized officers, hereby covenant and agree as follows: I. Purpose 1. The City agrees that the established library of the City shall assume the functions of a county library within the County, all as permitted by the Act. 2. The Librarian of the City's established library holds a county librarian's certificate from the Texas Library and Archives Commission, as required by the Act. 3. All public library facilities, books, reading material, and other equipment in the possession of the City's library shall be equally accessible to all residents of the County during the term of this Agreement. 4. All public library facilities, books, reading material, and other equipment currently owned by the City of acquired for use in its established public library during the term of this Agreement shall remain the property of the City. H. Term and Renewal This agreement shall be for a term commencing with effective date of this Agreement through and including October 1, 2019 to September 30, 2020 (the "Initial Term "), unless either party to this Agreement notifies Page - 1 - of Two Pages the other party in writing that it wishes to terminate this Agreement. Such notice shall be provided not less than thirty (30) days prior to the end of the Initial Term or any Renewal Term. HI. Consideration 1. In consideration of the City's provision of the Library Services during the Initial Term, the county agrees to pay the City a monthly sum of $18,096.00 (Eighteen Thousand, ninety six Dollars and 00/1.00) on the 15th day of each month following the effective date of this Agreement. 2. The County and the City agree that the monthly amount payable by the County to the City shall be determined by good faith negotiations between the County and City and that such amount shall be determined not less than thirty (30) days before the end of the Initial Term and each Renewal Term. IV. Authorization The governing bodies of the County and the City have duly authorized this Agreement. V. Severability If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, for remaining portions hereof shall continue in full force and effect. VI. Amendments This agreement represents the complete understanding of the County and the City with respect to the matters described herein, and this Agreement may not be amended or altered without the written consent of both parties. IN WITNESS WHEREOF, the undersigned have entered into the Public Library InterLocal Agreement, effective as stated herein. GUADALUPE COUNTY, TEXAS By: Kyle Kutscher Guadalupe County Judge CITY OF SCHERTZ, TEXAS LE Mark Browne City Manager � V By: Teresa Kiel Guadalupe County Clerk Date: ATTEST By: Brenda Dennis City Secretary Date: Page - 2 - of Two Pages Agenda No. 4. ei 10um City Council October 22, 2019 Meeting: Department: City Secretary Subject: Resolution No. 19 -R -1.40 - Consideration and /or action approving a Resolution authorizing contracts totaling no more than $100,000 with SA Paramount Construction, LLC for labor and related materials for various separate and unrelated concrete related projects during the 2019 -2020 fiscal year. (C. Kelm /D. Letbetter) In support of the fiscal year 201.9 -2020 Expanded Programs Initiative, the City of Schertz (the "City ") contracted with SA Paramount Construction, LLC for labor and related materials for various separate and unrelated concrete related projects because SA Paramount Construction has a reputation of consistently providing a quality job for a low price compared to other local contractors. Multiple contracts between the City and SA Paramount Construction have been issued in support of work completed by the City's Public Works Department and other departments of the City. The City's Purchasing Policy authorizes the City Manager, or his or her designee, to approve and execute contracts for amounts less than $50,000 without obtaining City Council approval for such contracts. The total amount of the currently identified, separate and unrelated requirements the City has, will approach $85,000. This does not include a contingency amount. Due to SA Paramount Construction reputation of consistently providing a quality job for a low price, the City staff desires to continue to work with SA Paramount Construction in connection with one or more additional separate and unrelated concrete related projects during the remainder of the 2019 -2020 fiscal year, for total expenditures with Robert's Concrete during the 2019 -2020 fiscal year of up to $100,000 ($85,000 in current requirements, $15,000 for contingency). GOAL To obtain approval from City Council to approve and execute contracts with SA Paramount Construction for additional separate and unrelated projects, for total expenditures with SA Paramount Construction during the fiscal year 2019 - 2020 of up to $100,000. COMMUNITY BENEFIT To provide the best services at the lowest cost for labor and related materials for various separate and unrelated concrete related projects within the City of Schertz. SUMMARY OF RECOMMENDED ACTION Staff recommends that Council authorizes the City Manager to approve and execute contracts with SA Paramount Construction for additional separate and unrelated projects for total expenditures with SA Paramount Construction during the fiscal year 2019 - 2020 of up to $100,000 (cumulative). Hmffie �4" Costs associated with utilizing SA Paramount Construction, LLC will be paid for from the appropriate department and the FY20 approved Department budgets NTE $100,000 cumulative. Staff recommends Council approve Resolution 19 -R -140. Attachments Resolution 19 -R -140 RESOLUTION NO. 19 -R -140 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING CONTRACTS TOTALING NO MORE THAN $100,000 WITH SA PARAMOUNT CONSTRUCTION, LLC FOR LABOR AND RELATED MATERIALS FOR VARIOUS SEPARATE AND UNRELATED CONCRETE RELATED PROJECTS DURING THE 2019 -2020 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") has contracted with SA Paramount Construction, LLC for labor and related materials for various separate and unrelated concrete related projects; and WHEREAS, City staff has received qualifications indicating that SA Paramount Construction is qualified to provide such services for the City; and WHEREAS, the various contracts between the City and SA Paramount Construction have been related to work for the City's Public Works Department, as well as for other departments of the City; and WHEREAS, SA Paramount Construction has a reputation of consistently providing a quality job for a low price compared to other local contractors; and WHEREAS, the City's Purchasing Policy, adopted and approved by the City Council of the City (the "City Council ") pursuant to Resolution No. 11 -R -14, authorizes the City Manager, or his or her designee, to approve and execute contracts for amounts less than $50,000 without obtaining City Council approval for such contracts; and WHEREAS, the total amount of the various separate and unrelated contracts that the City has entered into with SA Paramount Construction during the 201.9 -2020 fiscal year is approaching $50,000; and WHEREAS, due to SA Paramount Construction reputation of consistently providing a quality job for a low price, the City staff desires to continue to work with SA Paramount Construction in connection with one or more additional separate and unrelated concrete related projects during the remainder of the 2019 -2020 fiscal year, for total expenditures with SA Paramount Construction during the 2019 -2020 fiscal year of up to $100,000; and WHEREAS, the City staff has obtained phone bids for one of the anticipated upcoming projects (the "Anticipated :Project ") from various vendors, and SA Paramount Construction has offered the lowest price to the City for the project; and WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City for the City to continue to be able to utilize SA Paramount Construction for additional separate and unrelated projects, including the Anticipated Project, that may arise during the remainder of the 2019 -2020 fiscal year; and WHEREAS, the City Council desires to allow the City Manager to approve and execute contracts with SA Paramount Construction for additional separate and unrelated projects, including the Anticipated :Project, during the remainder of the 2019 -2020 fiscal year for total expenditures with SA Paramount Construction during the 2019 -2020 fiscal year of up to $1.00,000. THAT: Section 1. The City Council hereby authorizes the City Manager to approve and execute contracts with SA Paramount Construction for additional separate and unrelated projects, including the Anticipated :Project, during the remainder of the 2019 -2020 fiscal year for total expenditures with SA Paramount during the 2019 -2020 fiscal year of up to $100,000. 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. 50664954.1 - 2 - PASSED AND ADOPTED, this 22nd day of October, 2019. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50664954.1 - 3 - Agenda No. 5. ei Olum City Council October 22, 2019 Meeting: Department: Parks, Recreation & Community Servic Subject: Resolution No. 19-R-128 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing a drainage easement through dedicated public parkland for the Rhine Valley Unit 3B development. (.B. James /L. Shrum) BACKGROUND The Rhine Valley Unit 3B development had some drainage challenges and the developer's engineers, KFW Engineers, approached city staff about granting a drainage easement through the existing Rhine Valley Park located at 9958 Mulhouse Drive to be able to accomplish the needed drainage for the incoming unit. The proposed drainage easement would be 9 feet wide and 144 feet long and include a concrete U channel that is 5 feet wide and 1.875 feet deep. City staff informed the group that the city did not have authority to grant an easement across public parkland without there be a corresponding value to the public good. The applicant is proposing to install in shade structure over the existing play structure. Since the park is already encumbered by a different drainage easement, one more would not significantly alter the way the park is used, but city staff did have safety concerns given that the edge of the channel is only located 8 feet from the existing playscape. Proposals were shared back and forth and city staff ultimately recommended a shade structure be installed over the existing playscape, and a metal railing be installed along the concrete U channel to keep children out of the channel. The drainage easement and related public improvements were approved by the Parks & Recreation Advisory Board at their Sept. 23, 2019 meeting. The final plat with the drainage easement included was approved by the Planning & Zoning Commission at their October 9, 2019 meeting. GOAL Grant the drainage easement across dedicated public parkland in exchange for public improvements that benefit the public good, i.e. the shade structure installation over the existtng playscape. [01131U1110111114:301011oDIM There are no shade structures of this size over any of our existing playscape structures in any park. There are shade umbrellas built into the large playscape at Pickrell Park and there are plastic dome roofs incorporated into some of the towers of existing playscapes but the shade provided by those features are minimal compared to the full -scale shade the proposed structure will provide, as it covers the entire unit plus surrounding safety surfacing. This will make the unit less hot and will allow more use during the hotter months. SUMMARY OF RECOMMENDED ACTION Approval of Resolution No. 19 -R -128 to authorize a drainage easement through dedicated public parkland for the Rhine Valley Unit 3B development. FISCAL IMPACT There is no cost to the city in extending this drainage easement. We will authorize a drainage easement so the developer can construct a concrete drainage channel through Rhine Valley Park. We will lose the "use" of this portion of public property but in exchange will gain a shade structure for the existing playscape in addition to the required safety railing along the proposed drainage channel. The value of the shade structure including installation is approximately $25,182.00. RECOMMENDATION Approval of Resolution No. 19 -R -128 to authorize a drainage easement through dedicated public parkland for the Rhine Valley Unit 3B development, conditioned upon the developer entering into a subdivision improvement agreement obligating them to install the fence concurrently with constructing the drainage channel and then constructing the shade structure. Attachments Res 19R128 Rhine Valley Drainage Easement Shade Structure Quote RESOLUTION NO. 19 -R -128 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A DRAINAGE EASEMENT THROUGH DEDICATED PUBLIC PARKLAND FOR THE RHINE VALLEY UNIT 3B DEVELOPMENT. WHEREAS, the City staff of the City of Schertz (the "City ") has determined that granting a drainage easement in Rhine Valley Park is not detrimental to the existing use of the park; and WHEREAS, City staff agreed the proposal from the developer to provide a shade structure as public benefit in exchange for the drainage easement ; and WHEREAS, the Parks & Recreation Advisory Board approved the drainage easement and corresponding public improvements at their September 23, 2019 meeting; and WHEREAS, the Planning & Zoning Commission approved the final plat of Rhine Valley Unit 3B with the drainage easement in it at their October 9, 2019 meeting;. C • • • • - i THAT: Section 1. The City Council hereby authorizes a drainage easement through dedicated public parkland for the Rhine Valley Unit 3B development, subsequent to the owner of Rhine Valley Unit 3B entering into a Subdivision Improvement Agreement obligating them to construct the fence and shade structure. 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 22"d day of October, 2019. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 A -1 t EXIS'rtAfG DRAIN r m-harp TO: City of Schertz Attn: Jared Montney Address: 1400 Schertz Pkwy, Schertz, Texas 78154 Install Site: Schertz, Texas 78154 Phone: 210-488-4252 Email: jm2n r h rt .�O BUYBOARD CONTRACT 1 2-16 PLEASE FAX YOUR PO & SIGNED QUOTE TO INSURE COMPLIANCE & RECEIPT • YOUR ORDER, Rhine Valley' Park- Shade Structure Oyer jFjgyground 103 Red Bird an ALIstin, Texas 7874S-3122 Permit, if needed, can be obtained but are not included in pricing. I 3ale5 I ax TOTAL QUOTE IS VALID FOR 30 DAYS FROM DATE OF QUOTE OR FROM DATE OF REVISION PRICING IS BASED ON GOOD ACCESS TO THE INSTALL AREA BY TRUCK/BOBCAT. s h a dtei P.O. Box 150069 Austin, Texas 78715-0069 Modern Shade, LLC. ("MODERN SHADE") warrants that all Commercial Shade Products (Product) sold shall be free of defects in materials or workmanship. The Warranty set forth shall be the purchaser's sole and exclusive Warranty and is effective from the date of Product shipment or pickup. MODERN SHADE further warrants: N am Si a direct result of ultra--victet exposure with the exception of Red which carries a 3 year limited warranty. MODERN SHADE reserves mtses where certain fabric colors have been discontinued to offer the customer a choice of available colors to reoace the warranted fabric of the discontinued color. I'm E 2-21 9211 M i � Owner is responsible for routine maintenance to preserve the finish and welded joints. If surface rust or corrosion appears (regardless of cause), owner shall remove with sand paper or wire brush, prime and repaint. Ensure all connecting hardware is properly secured, Ensure all bolted connections and slip fit joints are caulked as needed. Failure to provide routine maintenance will void the Warranty. (512) 385-4100 (877) 385-3444 TF (512) 385-4103 F aaao m r° od rn hadeli .com - 1. a; � �u ® atE .Hail HOPE 0977 � "', r, r 103 Red Bird Lane Austin, Texas 78745-3122 Accepted By: Date: Commercial Play & Recreational Equipment wwwAfharper.com - - 800.976.0107 - - local: 5 12.440,0707 - - fax.- 5 12.44 0.0 736 Agenda No. 6. ei 10um City Council October 22, 2019 Meeting: Department: Economic Development Corporation Subject: Resolution No. 19 -R -144 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the Amendment No. 3 to the Economic Development Incentive Agreement with Amazon.com Services, Inc. and other matters in connection therewith. (M. Browne /J. Kolbe) BACKGROUND On November 6th, 2012 the City of Schertz (the "City "), the Schertz Economic Development Corporation (the "SEDC "), Guadalupe County (the "County ") and Amazon.com.kydc LLC ( "Amazon ") entered into an Economic Development Incentive Agreement (Agreement). Under the Agreement, Amazon agreed to construct a 1,261,980 square foot facility, make a $166 million capital investment, maintain at least $125 million of Taxable Property, and employ at least 350 full -time employees with at least $11 million in Annual Payroll by the end of 2013. In consideration of the project, the City, County, and SEDC agreed to provide a rebate structured development incentive package. The Agreement also provided for a Sales Tax Grant if Amazon generated at least $100 million in Project Taxable Sales. In May 2019, Amazon reported a Taxable Property of One Hundred Twenty -Four Million, Six Hundred -Eight Thousand, Three Hundred Forty-Five and No /100 Dollars ($124,608,345.00) which is below the minimum requirement of at least One Hundred Twenty -Five Million and No /100 Dollars ($125,000,000.00), which absent this Amendment, would create a default under the Agreement (the "Taxable Property Shortfall ") PROPOSED AMENDMENT The Amendment includes the following components: 1. Amazon reported a Taxable Property of $1.24,608,345 which is below the required $125 million triggering a default of the agreement 2. A safe harbor has been created to allow Amazon to remain compliant to the agreement if they have a Taxable Property value over $120 million. They will only get the grant if they are in excess of the original amount of $125 million. 3. The Term of the agreement has been extended from December 31, 2024 to September 30, 2028. * * *NO other changes were made to the incentive payout periods * ** 4. An Operational Requirement has been added from January 1, 2025 to September 30, 2028. Amazon will only be required to occupy the facility. There will be no jobs, payroll or investment commitment. 5. Other minor changes were made to clean up the agreement, i.e. notices and several recitals to clarify some procedural issues. FISCAL IMPACT Developer will remain compliant to the Agreement but will not be eligible to receive a 2018 City Property Tax Incentive of an estimated payment in the amount of $374,036.00 (60% of taxes paid to the City). The developer will not receive the 2018 County Property Tax Incentive. GUADALUPE COUNTY APPROVAL Guadalupe County Commissioners met on October 1, 2019 and approved Amendment No_ 3 to the Economic Development Incentive Agreement with Amazon.com Services. Attachments CC Res Amazon Amendment 3 Amazon Amendment No3 RESOLUTION NO. 19 -R -144 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AMENDMENT NO. 3 TO THE ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT AMONG THE CITY OF SCHERTZ, THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, GUADALUPE COUNTY, AND AMAZON.COM SERVICES, INC.; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz and the City of Schertz Economic Development Corporation ( "SEDC ") adopted the Schertz Incentive Policy in May 2017 to guide and ensure consistency when providing incentives within the City to promote economic development; and WHEREAS, this Amendment amends that certain Economic Development Incentives Agreement (Amazon.com.kydc LLC) between the Parties dated November 6, 2012, as amended by that certain Amendment No. 1 to the Economic Development Incentives Agreement (Amazon.com.kydc LLC), and Amendment No. 2 to the Economic Development Incentives Agreement (Amazon.com.kydc LLC) (collectively, the "Agreement "); and WHEREAS, according to a request dated December 21, 2018, the City, SEDC, and County authorized the assignment of the Agreement from Amazon.com.kydc LLC to Amazon.com Services, Inc.; and WHEREAS, according to the 2018 . Annual Report, the Developer reported a Taxable Property of One Hundred Twenty -Four Million, Six Hundred -Eight Thousand, Three Hundred Forty -Five and No /100 Dollars ($124,608,345.00) which is below the minimum requirement of at least One Hundred Twenty -Five Million and No /100 Dollars ($125,000,000.00), which absent this Amendment, would create a default under the Agreement (the "Taxable Property Shortfall "); and WHEREAS, absent the Taxable Property Shortfall, the Developer would have been in compliance with the Agreement; and WHEREAS, the Parties wish to amend the Agreement to modify its terms related to the satisfaction of the Taxable Property for the Calendar Year 2018 and address the Taxable Property Shortfall whereby the Developer will remain compliant to the Agreement but will not be eligible to receive a 2018 . City Property Tax Incentive or 2018 . County Property Tax Incentive; and WHERAS, this Amendment does not extend or change the timeline specified in the Agreement for the City Incentives or County Incentives in the schedule; and WHEREAS, Section 8.9 of the Agreement provides that the Agreement may be amended by a written agreement executed by the Parties; and WHEREAS, on September 26, 2019, the SEDC Board of Directors met and authorized Amendment No. 3 to the Economic Development Incentive Agreement subject to the approval by the City of Schertz and Guadalupe County. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes Amendment No. 3 to the Economic Development Incentive Agreement hereto attached as Exhibit A subject to the subsequent authorization by Guadalupe County. 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 22nd day of October, 2019. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Exhibit A AMENDMENT NO.3 TO THE ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT (AMAZON.COM SERVICES, INC.) AMENDMENT i TO ECONOMIC DEVELOPMENT (AMAZON.COM WHEREAS, the City • the SEDC adopted the Schertz Incentive Policy in May 2017 to guide • ensure consistency when providing - City to promote economic development; WHEREAS, • 381.004(b) of the Texas Local ••" authorizes • • • i - i • i- - •r • •• . r i • activity in the county, and authorizes the • • to authorize another administer the program; and Will Amendment • to the Economic Development Incentiv- _ greement (Amazon.com.kydc «' • Amendment i to the Economic i i - - s Agreement (A . • :..; • i (collectively, "Agreement"); . is WHERAS, according to a request dated December 21, 2018, the City, SEDC, and County authorized the assignment • f m Amazon.com.kydc LLC to Amazon.com Services, Inc.; and i - - _ • • r1 Ir• r11 1r1 r1, .. absent .r - Property • Developer s r have been f r - with the Agreement; and of the Taxable Property for the Calendar Year 2018 and address the Taxable Property Shortfall 0 WHERAS, this Amendment does not extend • change the timeline specified in the Agreement for the City Incentives • County Incentives in the schedule; and WHEREAS, Section 8.9 of the Agreement provides that the Agreement may be amended by,?- written agreement executed by the Parties. 11 Fj 11 Q I and contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and further described herein, the Parties agree as follows: 1. Addition • Section 5.3f;M — Taxable Probertj Safe Harbor. The following new Section 5.3(W is hereby added to the Agreement: NN-6 Me,. M M FM M I • MI., • I M MAXPVC UlC-k:;fLJ 111QUILUM-9117 t-411,11LJ lllU011LlTVTtf LUO g1l Oil �iear but would remain compliant to the Agreement. 2. Amendment of Section 2.3 — Term. The following shall replace Section 2.3 of the Agreement: "Term. The term of this Agreement (the "Term") shall begin • the Effective Date and shall terminate on the later of:'#I,, Se�,%tember 305 2028 grant adjustment required in connection with Section 5.7(c) (the "Expiration Date"), unless sooner terminated as provided herein." IQ 3. Addition • Section "Subject to Section 8.12 and Section 5.3(h), this Agreement shall terminate upon the occurrence • any one • more • the following:" 7. Amendment of Section 8.5 — Notices. The following shall replace Section 8.5 of the Agreement: N "11"otice. a required or permitted to be delivered hereunder shall be deemed received (i) three (3) business days after deposit into the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or (ii) on the day actually received if sent by courier, a recognized overnight delivery service, • otherwise hand delivered. The Developer: Amazon.com Services, Inc. c/o Amazon.com, Inc. Attention: Director of Economic Development 410 Terry Avenue North Seattle, Washington 98109-5210 And with a cor,)v to: Amazon.com Services, Inc. c/o Amazon.com, Inc. Attention: Economic Development Compliance 2121 7 1h Ave. �MMMM110rUT6711 U4.3" The County: Guadalupe County, Texas Attention County Judge's Office 101 E Court Street Seguin, Texas 78155 Schertz: City of Schertz Attention: City Manager 1400 Schertz Parkway Schertz, TX 78154 9 With a co UM: Denton Navarro Rocha Bemal & Zech PC 11,e.-ttioTc: CiVRAes NOW-0-ROMM NNI W&I I WIN I MW WAIWAD7.4 VAN The SEC: City of Schertz Economic Development Corporation Attention: Exec. Dir. of Economic Development 1400 Schertz Parkway Schertz, TX 78154 With Denton Navarro Rocha Bemal & Zech PC Attention: Charles E. Zech 2517 North Main Avenue Ounc ♦ 11 11� %7177 -1 ress at alij tittle ITTY Hot ce L e 0111 Parties. 10. No Claims bV the Develooer. Developer represents and warrants to the City, the SEDC, and the County that to the best • the Developer's actual knowledge without additional rrivestigation or inquiry, as of the Effective Date the Developer does not have any claims ii,gainst the City, the SEDC, or the Count -y with resj2ect to the AVreement or this Amendment. 11. Entire Agteement.- Conflict. Except as amended by this and previous Amendment, the Agreement is and shall remain in full force and effect. This Amendment, together with the Agreement as amended by this Amendment: (a) is intended by the Parties as 0 Tflqllq�lqp 131211111111 faereof If there is a conflict between the Agreement and this Amendment, the terms of the Amendment will prevail. 12. Counterpqq§,���M This Amendment may be executed in two jilli W—PWW�M-gKofW4 ni iz!i it'll I E!, shall be deemed to constitute one and the same document. The Parties may sign and deliver this Amendment by facsimile transmission, via electronic mail or other electronic method mutually acceptable to the Parties, including but not limited to DocuSign. 13. Capitalized Terms. All capitalized terms used in this Amendment and not defined in this Amendment have the meanings given to such terms in the Agreement. 14. Bindink Mreement. The terms and conditions of this Amendment are binding upon the successors and permitted assigns of the Parties hereto. 16. Govemina Law. This Amendment shall be governed by the laws • the State of Texas- and venue for =i action concerning this Amendment shall be exclusively in the State District Court of Guadalupe County, Texas. The Parties agree to submit to the jurisdiction of said court. 11 ,1 IlIq 1 ill M SIGNATURE PAGE O AMENDMENT ECONOMIC DEVELOPMENT r r Partner, r • • Rocha Bernal Legal Counsel to the City and the SEDC � 011yaIMMI"exKt]ORK � Date Kyle Kinateder Date SEDC Executive Director VA SIGNATURE PAGE TO AMENDMENT ECONOMIC D , ::: AGREEMENT (AMAZON.COM SERVICES, INC.) In Witness Whereof, the Partiers have executed this Amendment as to the date(s) set forth below to be effective as of - a City of Scertz Economic Development Corporation a Texas non -profit industrial development corporation { w By Paul Macaluso, President Date Signed -------------- — __ _m_ -- a . THE STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledge before me on the day of _. # , 2019, by Paul Macaluso, President of the City of Scertz Economic Development Corporation, on behalf of said non - profit industrial development corporation. i � Ali . ►ic Notary's typed or printed name My commission expires SIGNATU2411 PAGE TO AMENDMENT NO. 3 TO THE ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT (AMAZON.COM SERVICES, 10MLAWMA Guadalupe County, Texas By: Kyle! Vut�sc er, 'o-unty Judge Date Signed TBE STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledge before me • the day • 2019, by Kyle Kutscher, the County Judge of Guadalupe County, Texas, a political subdivision of the State of Texas, on behalf of said County. 9 -0 % - 15 W FBI $117-11 MINJ 0 11 - My commission expires SIGNATURE PAGE TO AMENDMENT NO. 3 TO THE I-CCONOMIC DEVELOPMENT INCENTIVE AGREEMENT (AMAZON.COM SERVICES, In Witness Whereof, the Partiers have executed this Amendment as to the date(s) set forth below to be effective as of the Effective Date. I # = v- - U-M 2 Delaware corporation By: 0— olly Sul iv, , Vice President Date Signed 'Ttfft I, This instrument was acknowledge before me on the day of 2019, by Holly Sullivan, Vice President of Amazon.com Services, Inc, a Delaware corporation, on behalf of said corporation. HEATHER E. LEASE NOT PUBUC DISTFICTOFCOLUMBIA MY Commission E*= Mad 14, 2022 w otu C) C y 10 L- L My commission expires Agenda No. 7. ei 1011M City Council October 22, 2019 Meeting: Department: Finance Subject: Resolution 19 -1t -146 - Consideration and /or action of a Resolution approving a bond resolution adopted by the board of directors of the Schertz /Seguin Local Government Corporation authorizing the issuance of obligations designated as "Schertz /Seguin Local Government Corporation contract revenue refunding bonds, Series 2019 (San Antonio Water System Expansion Water Treatment Project 2) "; acknowledging that these obligations were sold to the authorized representative of a group of underwriters identified in the preliminary official statement pursuant to the provisions of a purchase contract; ratifying, reconfirming, and readopting the provisions of a mutual regional water supply contract executed between the City of Schertz, Texas, the City of Seguin, Texas, the Schertz /Seguin Local Government Corporation, and the City of San Antonio, Texas, acting by and through its San Antonio Water System; authorizing the Mayor, the City Secretary, and /or the City Manager 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. (C. Kelm /J. Walters) The Schertz /Seguin Local Government Corporation (SSLGC) was created on December 23,1998, on behalf of the Cities of Schertz and Seguin to assist in acquiring water outside of the Edwards Aquifer. Today the corporation has financed construction of well fields and pipelines that provides a reliable, drought- resistant water source for both cities and other municipalities. Back in 2012, the San Antonio Water System (SAWS) wanted to connect to the SSLGC system. Since this was a good back up source of water and a potential customer, SSLGC agreed to issue $25,425,000 in bonds to build the connection if SAWS agreed to make the debt payments on their behalf. SAWS agreed and the bonds were issued under SSLGC's name in June 2012. Due to low interest rates, these bonds can now be refunded for a net savings of $2,185,000. Since SAWS is paying this debt, they will realize this savings. Since the corporation is owned by the Cities of Schertz and Seguin, both cities must approve any bond sales, including refunding bonds. The resolution tonight, in conjunction with a similar approval in Seguin expected on 11/5/2019, will allow SSLGC to issue to bonds on 11/20/2019 if they meet a minimum savings threshold. GOAL N/A COMMUNITY BENEFIT N/A SUMMARY OF RECOMMENDED ACTION Approve a resolution supporting the bond refunding for SSLGC. FISCAL IMPACT There will be no fiscal impact for the City of Schertz or the SSLGC with this resolution or this refunding bond sale, however, SAWS will recognize a savings on future bond payments. 17 9CKI7u I►I 114011 17_74 9 [110 Staff recommends approving Resolution 19 -R -146. Attachments Res 19 R 146 Issuance Timetable RESOLUTION NO. 19 -R -146 APPROVING A BOND RESOLUTION ADOPTED BY THE BOARD OF DIRECTORS OF THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION AUTHORIZING THE ISSUANCE OF OBLIGATIONS DESIGNATED AS "SCWERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION CONTRACT REVENUE REFUNDING BONDS, SERIES 2019 (SAN ANTONIO WATER SYSTEM EXPANSION WATER TREATMENT PROJECT 2) "; ACKNOWLEDGING THAT THESE OBLIGATIONS WERE SOLD TO THE AUTHORIZED REPRESENTATIVE OF A GROUP OF UNDERWRITERS IDENTIFIED IN THE PRELIMINARY OFFICIAL STATEMENT PURSUANT TO THE PROVISIONS OF A PURCHASE CONTRACT; RATIFYING, RECONFIRMING, AND READOPTING THE PROVISIONS OF A MUTUAL REGIONAL WATER SUPPLY CONTRACT EXECUTED BETWEEN THE CITY OF SCHERTZ, TEXAS, THE CITY OF SEGUIN, TEXAS, THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION, AND THE CITY OF SAN ANTONIO, TEXAS, ACTING BY AND THROUGH ITS SAN ANTONIO WATER SYSTEM; AUTHORIZING THE MAYOR, THE CITY SECRETARY, AND /OR THE CITY MANAGER 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: The City Council of the City of Schertz, Texas (the "City ") has reviewed and hereby approves (i) the bond resolution (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 relating to the issuance of obligations designated as "Schertz /Seguin Local Government Corporation Contract Revenue Refunding Bonds, Series 2012 (San Antonio Water System Expansion Water Treatment Project 2) (the "Bonds "), (ii) the Bonds that will be sold to an authorized representative of a group of underwriters (the "Underwriters ") as identified in the Preliminary Official Statement (as defined in the Bond Resolution), (iii) the Mutual 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 "), the City of San Antonio, Texas, acting by and through its San Antonio Water System ( "SAWS "), and the Schertz /Seguin Local Government Corporation (the "Contract ") which provides certain security for the payment of the Bonds, (iv) the bond purchase contract (the "Purchase Contract ") authorizing the sale of the Bonds to the Underwriters, (v) the Official Statement (as defined in the Bond Resolution), and (vi) the City's obligations under the Contract and acknowledges that the payment of principal of and interest on such Bonds is payable solely from the Bond Payment portion of the Annual Payments to be made by SAWS to the Corporation under and pursuant to the Contract. The Mayor, the City Secretary, and/or the City Manager of the City of Schertz, Texas are hereby authorized to execute on behalf of the City, the Purchase Contract, and any and all documents in connection with this transaction. This resolution 75008381.2 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. [The remainder of this page intentionally left blank.] 75008381.2 -2- mll mle ATTEST: City Secretary 75008381.2 S-1 Mayor Schertz /Seguin Local Government Corporation Contract Revenue Refunding Bonds, New Series 2019 . (the "Bonds ") Preliminary Timeline - Subject to Change August 28, 2019 DATE ACTION 9/3/2019 Refunding opportunity presented to SSLGC Executive Committee 911712019 City of Seguin Council meeting to be advised on potential SSLGC refunding opportunity 911912019 SSLGC Board to consider approving Financial Advisors and Bond Counsel to proceed with necessary actions for the potential refunding of the Series 2010 Bonds 912412019 City of Schertz Council meeting to be advised on potential SSLGC refunding opportunity 9/25/2019 Financial advisors and staff begin preparation of Preliminary Official Statement ( "POS ") 9/27/2019 Bond Counsel to distribute first draft of Bond Resolution for review Distribute first draft of POS for review 10/1/2019 .SAWS Board meeting to pr °nvicic apT�r oval, .)rSSL,G(' to i,sstic, tl?e l?4iiiadiatgBoud 10/7/2019 Receive comments on first draft of POS Receive comments on first draft of Bond Resolution 10/9/2019 Distribute 2nd draft of POS for review 10/10/2019 Distribute POS and refunding information to rating agencies and insurance companies 1011712019 SSLGC Board to consider, as a parameter approval, the issuance of the Refunding Bonds including: 111512019 1) the approval of the POS; 11/6/2019 2) the selection of the underwriter(s); and 3) the designation of a pricing officer. 10/18/019 Receive any comments on 2nd draft of POS 10/22/2019 Distribute 3rd draft of POS for review 1012212019 City of Schertz to consider the parameter approval of the SSLGC Refunding Bond Issue 10/30/2019 Receive comments for 3rd draft of POS 10/31/2019 Distribute final draft of POS for review 1112012019 Distribute final draft of Bond documents for review 11/4/2019 Underwriter's counsel to distribute first draft of Bond Purchase Agreement ( "BPA ") 111512019 City of Seguin to consider the parameter approval of the SSLGC Refunding Bond Issue 11/6/2019 Schedule a Due Diligence call with Underwriters and SSLGC and associated parties Receive comments on final draft of POS Receive comments on final draft Bond documents 11/7/2019 Post and electronically distribute the POS 11/13/2019 Receive ratings and insurance qualifications and premiums on the Bond issue 11/16/2019 Schedule any necessary calls with the rating agencies and /or insurance companies 11/19/2019 Price the Bonds in market 1112012019 SSLGCPricing Officer provides written award of'the sale of the Bonds 11/21/2019 Prepare Final Official Statement ( "FOS ") and distribute for comments 11/22/2019 Bond Counsel delivers transcript of the Bond issue to the Texas Attorney General's office ( "TXAG ") for review and approval 11/25/2019 Receive comments on FOS 11/26/2019 Send FOS to printer for final delivery to Underwriters 12/10/2019 Receive preliminary approval of the Bonds from TXAG 12/17/2019 Settlement and delivery of Bond issue SAMCO Capital Markets, Inc. Financial Advisors ei Olum City Council October 22, 2019 Meeting: Department: Executive Team Agenda No. 8. Subject: Resolution No. 19 -1t -105 - Consideration and /or action approving a Resolution authorizing the City Manager to enter into an agreement with Babcock Road 165, Ltd. for reimbursement for a roadway extension to Ripps Kreusler. (M. Browne /B. James) BACKGROUND On November 13, 2018, City Council approved a resolution authorizing the City to enter into a reimbursement agreement with Babcock Road 165 for construction of Ripps Kreusler. As part of that approval, Council included a condition that this agreement would not be entered into until the City of Schertz and the City of Cibolo had executed an agreement for the construction of Wiederstein Road. That agreement was entered into just last month. After reviewing the approved agreement for Ripps Kreusler at was determined that given the time that had passed, updates were needed. The maximum reimbursement amount of $395,867.00 has not changed. GOAL Provide reimbursement to the developer for construction of the extension of Ripps Kreusler from the intersection of Baptist Health Drive to the city limit. COMMUNITY BENEFIT Promote safe, orderly efficient development and ensure compliance with the City's vision of future growth. NO 104 V.111 1 Approval of resolution 19 -R -105 authorizing the city to enter into an agreement for reimbursement through roadway impact fees. FISCAL IMPACT Up to $395,867.00 from Service Area 2 of the roadway impact fee fund. Approval of Resolution 19 -R -1.05 Attachments Resolution 19 -R -105 Legal Description Improvements Public Improvements November 2018 CCM RESOLUTION NO. 19 -R -105 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BABCOCK ROAD 165, LTD. FOR REIMBURSEMENT FOR A ROADWAY EXTENSION TO RIPPS KREUSLER. WHEREAS, Babcock Road 1.65, Ltd., a Texas limited partnership ( "Developer ") has contracted to purchase approximately 1.395 acres of real property in the City of Schertz, Texas situated in the John Saladin Survey No. 404, Abstract 299, Guadalupe County, Texas and out of that remaining portion of a 150.231 acre tract of land conveyed unto Edwin Ripps, Jr., et al by warranty deed recorded in Volume 2969, Page 150, Guadalupe County Official Public Records; in all, said 1.395 acre tract being more particularly described as set forth Exhibit FAD (the "Property "); and WHEREAS, Developer intends to develop the Property as a public roadway. The public improvements are more particularly described in specifications related to the construction of the public improvements prepared by Coursen - Koehler Engineering and Associates (hereafter collectively called "the Specifications ") attached hereto as Exhibit I BP and WHEREAS, in accordance with Article III, Section 52 -a of the Texas Constitution, and Section 380.001 of the Texas Local Government Code ( "Section 380 "), the City may establish and provide for the administration of a program for making loans and grants of public money to promote state or local economic development and to stimulate business and commercial activity in the City; and WHEREAS, City's Contribution shall be reimbursed to the Developer from the Roadway Impact Fees collected by the City for Service Area 2 as identified in its Capital Improvement Plan ( "SA 2 Impact Fees "). City shall reimburse Developer an amount equal to Thirty (30) percent of all SA 2 Impact Fees collected on an annual basis until the Developer has been reimbursed in full for an amount equal to the City's Contribution; and WHEREAS, Developer has agreed, in exchange and as consideration for funding by the City, to satisfy and comply with certain terms and conditions, including the construction of the Public Improvements (as more fully defined in Exhibit B); and WHEREAS, the City and Developer hereby agree, based on the cost itemization attached as Exhibit DCD hereto, that the cost of the Public Improvements, is estimated to be Three Hundred Ninety Five Thousand Eight Hundred and Sixty Seven United States Dollars ($395,867.00) (the "Estimated Total Improvement Cost "); and WHEREAS, the City and Developer agree that the provisions of this Agreement substantially advance a legitimate interest of the City by providing public infrastructure, expanding the tax base of the City, increasing employment and promoting economic development. WHEREAS, the City has entered into an agreement with the City of Cibolo for the improvement of Wiederstein Road. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Iw Section 1. The City Council hereby authorizes the City Manager to enter into an agreement with Babcock Road 1.65, Ltd. not to exceed $395,867 for reimbursement of roadway improvements for the extension of Ripps Kreusler in a form generally as attached hereto as FXhihit r) 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 22"d day of October, 2019 ATTEST: CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- Brenda Dennis, City Secretary (CITY SEAL) -3- Westwood STATE OF TEXAS COUNTY OF GUADALUPE 1.438 ACRE TRACT 62,655 SQ. FT PROJ. NO. 13433.00 OCTOBER 10, 2018 FIELD NOTE DESCRIPTION of a 1.438 acre tract of land within the corporate limits of the city of Schertz and situated in the John Saladin Survey No. 404, Abstract 299, Guadalupe County, Texas and out of that remaining portion of a 150.231 acre tract of land conveyed unto Edwin Ripps, Jr., et al by warranty deed recorded in Volume 2969, Page 150, Guadalupe County Official Public Records; in all, said 1.438 acre tract being more -particularly described as follows: BEGINNING at a %" iron rod found on the southeast line of Lot 6, Block 1 as shown by plat of Medical Office Building Subdivision recorded in Volume 6, Page 779, Guadalupe County Plat Records coincident with the common north corner of Ripps — Kreusler Road (an 80 foot right -of -way) as described in warranty deed recorded in Volume 1942, Page 624, said Official Public Records and a north corner of said remaining portion of a 150.231 acre tract, for the west corner and POINT OF BEGINNING of the herein described tract of land; THENCE, along the northwest line of said remaining portion of a 150.231 acre tract, North 59° 37' 35" East, 586.21 feet to a %" iron rod found at the common east corner of Lot 8, Block 1 as shown by plat of Schertz — Fairfield Inn recorded in Volume 7, Page 368, said Plat Records and the south corner of a 35.841 acre tract of land conveyed unto Babcock Road 165, LTD by warranty deed recorded in Document No. 2018004043, said Official Public Records for an angle point of the herein described tract of land; THENCE, along the common southwest line of said 35.841 acre tract and the northwest line of said remaining portion of a 150.231 acre tract, North 59° 27' 06" East, 292.00 feet to a %" iron rod set with an orange plastic cap stamped "WESTWOOD" for the north corner of the herein described tract of land; THENCE, across said remaining portion of a 150.231 acre tract of land the following courses: South 31° 49' 06" West, 34.77 feet to a %2" iron rod set with an orange plastic cap stamped "WESTWOOD" at the beginning of a curve to the right, Along the arc of said curve with length of 271.79 feet a radius of 559.94 feet, a delta of 27° 48' 39 ", and a chord bearing and distance of South 45° 43' 20" West, 269.13 feet to a %" iron rod set with an orange plastic cap stamped "WESTWOOD ", and South 59° 37' 35" West, 586.21 feet to a %" iron rod found at the common east corner of said Ripps — Kreusler Road and a reentrant corner of said remaining portion of a 150.231 acre tract of land for the south corner of the herein described tract of land; THENCE, North 30° 22' 25" West, 80.00 feet to the POINT OF BEGINNING. Containing in all, 62,655 square feet of land or 1.438 acres, more or less. Bearings based on Texas State Coordinate System (NAD 1983) for the South Central Zone, 4204. This field note description is based upon the same field work compiled to create the Category 1A, Condition 11 Land Title Survey for Project No. 13433.00 of the same date and prepared by Westwood Professional Services, Inc. 1718 Dry Creek Way, Suite 110 . San Antonio, Texas 78259 Main 210.265.8300 . westw000Fs oom TBPE Firm No. F -11756 . TBPLS Firm No. 10194064 Gabriel, RPLS exas No 6530 .- -�v 49. GUARD RA NW Ni- LOT 6, BLK I aaaa MEDICAL OFFICE BUILDING SUBDIVISION (VOL 6 PG 779, PR) t '05 azfl9Y Lea (�7 NOD 01a ot de l4 Q!Oedoote k EDWIN WILLIAM RIPPS, JR REMAINING PORTION OF 150.231 ACRES 00 (VOL 2969, PG 150, OPR) 0 Line Table 01111- 4, JOB NO-- I3433.00 CA 7EGORY IA, C N # LAND 7TTLE SURVEY OF Weftwood FW DATE: - 10-10-2018 A t438 ACRE TRACT SITUA TED IN THE JOHN SALADIN SURVEY NO. 404 ABSTRA CT 20 AND OUT OF THE REMAINING POR77ON OF Phone (210) 265-6300 1718 Dry Creek Way, Suite 110 FW.- M TO 150 231 A CRES CONVEYED UNTO EDKIN RIPM JR, ET AL Toll Free (888) 937-5150 San Antonio, TX 78259 ORA WN: JLP (VOL. MR, PG 150, OPR) westwoodps.com JRG CITY OF SChER7Z, GUADALUPE COUNTX TEXAS Westwood Professional Services, Inc. CHECKED: TSPE Firm Na. F -11756 • Ti Firm No 10194064 0 COPYRIGHT WESTWOOD PROFESSIONAL SERVICES, 2018 F';le: N: \0013433.00\Survvy\Oata\DWG\I3433L1S REV - RIPPS 1.438 AC.dwg EXIST' DEWY ±220' APRON a ►1 REMAINDER OF 150.231 ACRES EDWIN WILLIAM RIPPS. ET AL VOL 2969 PG, 150, OR RIPPS- KREUSLER EXTENSION ±815 L.F. CITY OF SCHERTZ RIPPS- KREUSLER EXTENSION ±815 L.F. CITY OF SCHERTZ w i.( W = -i z NO V D in u- W PORN I a. w o- H � 9 U PROJECT DESCRIPTION W 3 J Q y P o 35 RIPPS- KREUSLER IS IDENTIFIED IN THE CITY OF SCHERTZ MASTER THOROUGHFARE PLAN AS A COMMERCIAL COLLECTOR WITH A 70 -FOOT ROW. THE = C7 3: o 0 CORRIDOR PROPOSED RIPPS - KRUESLER EXTENSION REPRESENTS APPROXIMATELY 815 LINEAR FEET OF COMMERCIAL COLLECTOR ROADWAY IMPROVEMENTS. THE ROW O .W o m o LOO WILL BE 80 -FEET VERSUS THE MINIMUM 70 -FEET. THE EXISTING RIPPS - KRUESLER SECTION IS +/ -60 -FEET OF PAVEMENT CONSISTING OF FOUR TRAVEL W 6 e LANES, TWO IN EACH DIRECTION, AND A CENTER TURN LANE. APPROXIMATELY 220 LINEAR FEET OF THE EXTENSION WILL BE NEEDED TO TRANSITION Q [J] T ¢ o E o Q '° N SITE FROM THE CURRENT 60 -FOOT PAVEMENT SECTION DOWN TO THE COMMERCIAL COLLECTOR STANDARD 42 -FOOT PAVEMENT SECTION. THE STANDARD a BAPTIST SECTION CONSISTS OF ONE TRAVEL LANE IN EACH DIRECTION AND A CENTER TURN LANE. THE 5 -FOOT WIDE SIDEWALK ON THE NORTH SIDE OF THE re; m m o a HEALTH DR w EXTENSION WILL BE CONTINUED TO THE CITY AND PROJECT LIMITS. NO EXTENSION OF UTILITIES ARE PROPOSED WITH THIS CONSTRUCTION. _W Z RIPPS- E S-2 3 KREUSLER 3009 W z goo c � goo 50 �LL LOCATION MAP W o z h E (NOT TO SCA!_F) z U w SCAI 1 " 100' E9 .F: C3 U w fp Q 35841 ACRES t= 0,= LOT 6, ELF 1 OUT OF TNAT CERTAIN LOT 2, BLK 1 0- _i MEDICAL OFFICE LOT 8, BLK 1 35.906 ACRE TRACT RANDOLPH BROOKS co BUILDING SCHFRTZ- FAIR"IELD INN W 'D � CONVEYED UNTO FEDERAL CREDIT UNION Z SUBDIVISION V01..._ 7 PG, 3683 PR RLDL PROPFRTIES VOL, 1212 P& 779, P.R. VOL, 5 PG, 779, P,R, VOL. 1258 PC, 3'45, OR PROP X14' WIDE 5' SSW CENTER TURN LANE �.- CoNRETE RIPPS - KREUSLER o - .. o .. CURB � r & GLITTER 80' ROW +I 0 _ > o 0 EXIST' DEWY ±220' APRON a ►1 REMAINDER OF 150.231 ACRES EDWIN WILLIAM RIPPS. ET AL VOL 2969 PG, 150, OR RIPPS- KREUSLER EXTENSION ±815 L.F. CITY OF SCHERTZ RIPPS- KREUSLER EXTENSION ±815 L.F. CITY OF SCHERTZ w i.( W = -i z NO V D in u- W O a. w o- H � U JOB NO.: 13119.00 DATE: NOV 08, 2018 DRAWN: ODE REVISED EXH. 3 E N m i N E E P i N c3 A s s E3 c i A T E s a dMsion of WestW66d DEVELOPMENT COST ESTIMATE SUMMARY SHEET Ripps- Kruesler Improvements Ripps- Kruesler Improvements November 6, 2018 Job No. R0013433.00 SITEWORK & EROSION CONTROL $ 27,500.00 STREET IMPROVEMENTS $ 242,792.00 DRAINAGE IMPROVEMENTS $ 69,575.00 IMPROVEMENTS SUB -TOTAL $ 339,867.00 Estimated Professional Services Fees DESIGN, PREPARE, AND PROCESS CIVIL DOCUMENTS $ 23,000.00 STORM WATER MANAGEMENT PLAN $ 4,000.00 STORM WATER POLLUTION PREVENTION PLAN $ 1,500.00 CONSTRUCTION ADMINISTRATION $ 2,500.00 PREPARE & PROCESS PLANS OF RECORD $ 1,750.00 ESTABLISH CONTROL POINTS & LIMITS OF CONSTRUCTION $ 1,250.00 PRELIMINARY 1 FINAL STREET & DRAIN STAKING $ 5,000.00 PROFESSIONAL SERVICES SUB -TOTAL $ 39,000.00 SUB -TOTAL CONTINGENCY TOTAL C:\ Users \GECOURSENWppData \Local \Temp\Bluebeam Software95017869.x1sx $ 378,867.00 $ 17,000.00 By Developer $ 395,867.00 DEVELOPMENT COST ESTIMATE Ripps- Kruesler Improvements Schertz SITEWORK & EROSION CONTROL ITEM DESCRIPTION UNIT EST /QTY $ /UNIT AMOUNT 1 MOBILIZATION LS 1 $0.00 $0.00 2 PREPARE ROW /EASEMENTS AC 1.5 $2,500.00 $3,750.00 3 CONSTRUCTION ENTRANCE EA 1 $1,750.00 $1,750.00 4 SILT FENCE LF 900 $2.50 $2,250.00 5 ROCK BERM LF 50 $45.00 $2,250.00 6 WASHOUT PIT EA 1 $750.00 $750.00 7 REMOVE & REPLACE FENCE LF 900 $12.50 $11,250.00 8 FINAL STABILIZATION OF DISTURBED AREAS LS 1 $5,500.00 $5,500.00 C:\ Users \GECOURSENWppData \Local \Temp\Bluebeam Software95017869.xlsx TOTAL COST $27,500.00 STREET IMPROVEMENTS ITEM DESCRIPTION UNIT EST /QTY $ /UNIT AMOUNT 1 SAWCUT & TIE TO EXISTING ROAD LS 1 $6,000.00 $6,000.00 2 EXCAVATION CY 2,250 $5.00 $11,250.00 3 EMBANKMENT CY 750 $3.50 $2,625.00 4 TREATED SUBGRADE SY 4,490 $4.00 $17,960.00 5 FLEXIBLE BASE (12" COMPACTED DEPTH) SY 4,170 $13.00 $54,210.00 6 PRIME COAT GAL 834 $4.00 $3,336.00 7 TACK COAT GAL 417 $3.00 $1,251.00 8 HMAC TYPE D (2.0" COMPACTED THICKNESS) SY 4,170 $10.00 $41,700.00 9 HMAC TYPE C (2.0" COMPACTED THICKNESS) SY 4,170 $11.00 $45,870.00 10 MACHINE LAID CONCRETE CURB & GUTTER LF 1,610 $16.50 $26,565.00 11 5' CONCRETE SIDEWALK - ONE SIDE SY 405 $55.00 $22,275.00 12 PAVEMENT MARKINGS LS 1 $6,000.00 $6,000.00 13 CONSTRUCTION & MATERIAL TESTING LS 1 $3,750.00 $3,750.00 TOTAL COST $242,792.00 DRAINAGE IMPROVEMENTS ITEM DESCRIPTION UNIT ESTIQTY $ /UNIT AMOUNT 1 24" STORM PIPE LF 45 $85.00 $3,825.00 2 36" STORM PIPE LF 250 $125.00 $31,250.00 3 10' CURB INLET EA 2 $13,500.00 $27,000.00 4 OUTFALL END TREATMENT EA 1 $7,500.00 $7,500.00 TOTAL COST $69,575.00 C:\ Users \GECOURSENWppData \Local \Temp\Bluebeam Software95017869.xlsx Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: November 13, 2018 Department: Planning & Community Development Subject: Resolution No. 18 -R -145 Consideration and/or action approving a Resolution authorizing the Acting City Manager to enter into an agreement with Babcock Road 165, Ltd. for reimbursement for a roadway extension to Ripps - Kreusler. BACKGROUND Babcock Road 1.65, Ltd., developer of the 1.81.24 IH -35 site (Faskin Oil /Santikos), approached the City and has proposed to the City to purchase the right -of -way and construct the extension of Ripps Kreusler from the intersection of Baptist Health Drive east to the city limit in exchange for reimbursement of the roadway improvement costs. The remaining portion of this road located in Cibolo, from the Schertz city limit to Wiederstein Road is currently being constructed by the developer. The estimated cost of the roadway improvements are $395,867.00. Ripps Kreusler is identified on the City's Master Thoroughfare Plan as a commercial collector road, and is a roadway that is eligible for development using roadway impact fees. This roadway section falls within Service Area 2, which includes central Schertz and extends north to the city limit line adjacent to Garden Ridge, extends west to the city limit line adjacent to Selma and extends west to approximately Wiederstein Road. The proposed agreement is to reimburse the developer for the roadway improvements not to exceed $395,867.00 after completion and acceptance of the road extension. The reimbursement would be paid back over time from roadway impact fees collected in Service Area 2 at a rate of 30% of the fees collected each year until the total amount is reached. Goal The developer is requesting to be reimbursed for constructing the roadway extension of Ripps Kreusler from the intersection of Baptist Health Drive east to the city limit. 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. Ripps Kreusler is identified on the City's Master City Council Memorandum Page 2 Thoroughfare Plan as a commercial collector and is designed as a highway backage road to provide for two way traffic on a commercial roadway that is parallel to 1 -35. This extension will assist in promoting additional commercial development as well as provide alternative travel routes for residents and travelers. Summary of Recommended Action This proposal is a unique opportunity for the City to have a needed roadway segment constructed and be able to pay for the roadway through future roadway impact fees. If approved the developer would construct the entire section of Ripps Kreusler through the City of Schertz and City of Cibolo, creating a new roadway connection between FM 3009 and Wiederstein :Road. This roadway extension will also open up additional development opportunities for new commercial development in Schertz adjacent to the roadway extension. The relatively low commitment of 30% of the fees collected in Service Area 2 will still allow the City to save the remaining 70% of the fees collected and use them towards other roadway projects in that Service Area. FISCAL IMPACT RM Staff recommends approval of Resolution No. 18 -R -1.45. ATTACHMENT Resolution No. 18 -R -145 ei Olum City Council October 22, 2019 Meeting: Department: Executive Team Agenda No. 9. Subject: Resolution No. 19 -1t -147 - Consideration and /or action approving a Resolution authorizing the City Manager to enter into an agreement with ILF N -T Owner, LP. for reimbursement for a roadway extension in the Homestead Development. (M. Browne /B. James) BACKGROUND As part of the development of the Homestead Residential subdivision, the Developer will be constructing a number of roads that are on the City's roadway impact fee capital improvements program (CIP). These are Homestead Parkway, Schwab Road and an unnamed North South Collector, where they cross the Homestead property. Per the City's roadway impact fee ordinance, the developer is eligible to receive credits to offset the roadway impact fees that are to be paid as each residential unit is developed. The roadway impact fee ordinance allows for the developer to enter into and impact fee credit agreement. GOAL Allow for the developer to Homestead to receive roadway impact fee credits for the eligible roads they construct. COMMUNITY BENEFIT Allows for the orderly and timely construction of roadway infrastructure. Approval of the resolution authorizing the City Manager to enter into the agreement with the developer of Homestead for roadway impact fee credits. H.TS • ' • It is not anticipated that the credits due to the developer will fully offset the impact fees due, based on the approved number of residential units that could be built. As such, it is not anticipated that the City will have to reimburse the developer from impact fees collected within the service area. Approval of Resolution 19 -R -147. Attachments Resolution 19 -R -147 Homestead Agreement RESOLUTION NO. 19 -R -147 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A ROADWAY CAPITAL RECOVERY OFFSET AGREEMENT WITH ILF N -T OWNER, LP FOR ROADWAY IMPACT FEE CREDITS FOR THE EXTENSION OF SYSTEM ROADWAYS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, ILF N -T Owner, LP., a Texas limited partnership ( "Developer ") is the developer of the Homestead Development; and WHEREAS, Developer intends to develop public roadways that are system facilities; and WHEREAS, in accordance with Ordinance 18 -M -13 Roadway Capital Recovery Fees, the City shall offset the reasonable value of system facilities through an offset agreement; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to enter into a roadway offset agreement with ILF N -T Owner, LP. in a form generally as attached hereto as Exhibit D. 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 22nd day of October 2019 . ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor M THE STATE OF TEXAS § 0 GUADALUPE COUNTY § This agreement ( "AGREEMENT ") is made by and between the City of Schertz, (hereinafter "CITY ") a Texas Home Rule municipality and ILF N -T Owner LP (hereinafter "DEVELOPER ") a Limited Partnership created under the laws of Texas, collectively, the "PARTIES ". RECITALS WHEREAS, pursuant to City of Schertz Code of Municipal Ordinances Chapter 78, Article VII, the City of Schertz has adopted Roadway Capital Recovery Fees (sometimes hereinafter referred to as "capital recovery fee "); and, WHEREAS, pursuant to City of Schertz Code of Municipal Ordinances Section 78 -178, where, in order to serve new development, a developer is required to construct, contribute to, or dedicate, a capital improvement or facility expansion identified in the capital improvements plan the CITY and DEVELOPER may enter into this AGREEMENT whereby the developer is: (1) credited for the reasonable and necessary costs of the capital improvement or facility expansion against the impact fees otherwise due from the new development; or (2) reimbursed for all or a portion of the reasonable and necessary costs of the capital improvement or facility expansion from impact fees as received from other new developments that use the capital improvement or facility expansion; and, WHEREAS, CITY and DEVELOPER desire to enter into this AGREEMENT in order to memorialize Roadway Capital Recovery Fee Credits (sometimes hereinafter referred to as the "Credits ") achieved by DEVELOPER for reasonable and necessary costs of the capital improvement or facility expansion it incurred. NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the PARTIES hereto, intending to be legally bound, hereby agree as follows: Schertz Roadway Capital Recovery Offset Agreement Article I. A. Project. The project is The Homestead master planned community. B. Location. The project is located at the southwest corner of IH -35 and Schwab Road as more precisely described in Exhibit A . Article II. A. Roadway Capital Recovery Fees. The Roadway Capital Recovery Fees for the project are currently assessed as $_1,647 per service unit. This assessment is based on the calculations set out in Exhibit B , to this AGREEMENT. Article III. CAPITAL IMPROVEMENT PLAN IMPROVEMENTS MADE BY DEVELOPER A. Rough Proportionality. The PARTIES acknowledge that as provided in Texas Local Government Code Section 212.904, the CITY may require DEVELOPER to contribute a portion of the costs of municipal infrastructure improvements by the making of dedications, the payment of fees, or the payment of construction costs (collectively the "Infrastructure Costs "), provided DEVELOPER'S portion of Infrastructure Costs do not exceed the amount required for infrastructure improvements that are roughly proportionate to the PROJECT impact (the "Proportionate Costs "). Article IV. A. Roadway Capital Recovery Fee Offset Credit Calculation. As shown on Exhibit C , to this AGREEMENT, the PARTIES agree to the following: i. The total number of service unit equivalents of capacity supplied by the system facility contributed by the DEVELOPER is estimated to be 2,031.74 service units and shall be reduced by: (a) The number of service units (Vehicle Miles of Travel) developed within the plat since the contribution of the system facility, which as of the effective date hereof, using the LUVMET is Oi and Schertz Roadway Capital Recovery Offset Agreement (b) The amount of the City's participation in the excess costs of the system facility (expressed in service unit equivalents), which as of the effective date hereof is 0; and (c) The amount of any payments received from other new developments utilizing the system facility (expressed in service unit equivalents) which as of the effective date hereof is 0. ii. The Roadway Capital Recovery Fee Offset Credit that DEVELOPER is eligible to receive is _2,031.74 service units calculated at 602.89 Lots eligible for Credit. iii. The Roadway Capital Recovery Fee Offset Credits that the DEVELOPER shall receive may be used to offset the roadway impact fees due in Units 1 A, 313, 4, 6A, 613, 7A, 713, 8A, 813, 9, 1.0, 1.1 and 13. The City shall assign Credits to the unit when a final plat is filed in accordance with this AGREEMENT. For Units 713 and 1.3 which are zoned for multi - family uses, the DEVELOPER shall inform the City as to the number of Credits to be assigned. iv. DEVELOPER shall receive the Roadway Capital Recovery Fee Offset Credit upon completion of the public improvements shown on Exhibit A ; and the City's acceptance of same for public maintenance in accordance with the terms of applicable provisions of the City's Code of Ordinances. Article V. REIMBURSEMENT OF EXCESS OFFSETS A. DEVELOPER may apply for reimbursement of excess offsets following either completion of all development subject to the plat with which the excess offsets are associated or after ten years following execution of the this AGREEMENT. i. The DEVELOPER must apply for reimbursement within six months following either: a. Completion of all development subject to the plat with which the excess offsets are associated; or b. Ten years after the date of execution of this AGREEMENT . ii. The excess reimbursement shall be enforced in accordance with the following terms: a. The excess offset amount to be reimbursed shall be equal to the number of excess offsets (expressed as a number of service units) multiplied by a fraction equal to the capital recovery fee per service unit to be collected, as Schertz Roadway Capital Recovery Offset Agreement set forth herein in effect on the date of execution of this AGREEMENT, divided by the maximum assessable capital recovery fee per service unit, as set forth in the capital recovery plan, established in accordance with the City of Sehertz Code of Municipal Ordinances Chapter 78, Article VII, in effect on the date of execution of this AGREEMENT; b. The amount to be reimbursed for excess offsets may be further equitably reduced, if fewer than 50 percent of the number of service units in the plat with which the system facility giving rise to the excess offset have been developed on the date of application for excess offsets; C. Repayment of excess offsets shall be made within five years from the date of execution of a reimbursement agreement between the parties hereto pertaining to the applicable excess offsets from roadway capital recovery fees collected within the same roadway service area in which the property in question is located, subject to the availability of such funds; d. Termination or reduction of the CITY's authority under state law to impose capital recovery fees for roadway facilities shall terminate or correspondingly reduce any obligation of the City to make payments under this AGREEMENT or any reimbursement agreement; and e. In converting the excess offsets from service unit equivalents to a dollar value, the number of service unit equivalents shall be multiplied by the value of a service unit expressed in dollars using the rates in effect at the time this AGREEMENT was executed. B. Execution of an excess offset reimbursement agreement with respect to a plat as provided for in above pursuant to City of Sehertz Code of Municipal Ordinances Section 78 -178 shall automatically terminate any excess offsets associated with that plat pursuant to this AGREEMENT. Any new development within the area subject to such plat shall pay roadway capital recovery fees in accordance with Schedule I [attached hereto] then in effect under said Municipal Ordinance. Article VI. The following miscellaneous provisions are made part of this AGREEMENT: 1. Additional Instruments. CITY and DEVELOPER agree and covenant to cooperate, negotiate in good faith, and to execute such other and further instruments and documents as may be reasonably required to fulfill the public purposes provided for and included within this AGREEMENT. 2. Amendments. This AGREEMENT constitutes the entire understanding and agreement of the parties as to the matters set forth in this AGREEMENT. No alteration of or amendment to this AGREEMENT shall be effective unless given in Schertz Roadway Capital Recovery Offset Agreement writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 3. Applicable Law and Venue. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Guadalupe County, Texas. Venue for any action arising under this AGREEMENT shall lie in the state district courts of Guadalupe County, Texas. 4. Assignment. The DEVELOPER may assign this AGREEMENT with the CITY's consent (such consent not to be unreasonably conditioned, withheld or delayed, but in no event shall the offsets provided for in the AGREEMENT be transferred to any development not subject to the plat associated with such offsets. 5. Binding Obligation. This AGREEMENT shall become a binding obligation on the signatories upon execution by all signatories hereto. The CITY warrants and represents that the individual executing this AGREEMENT on behalf of the CITY has full authority to execute this AGREEMENT and bind the CITY to the same. DEVELOPER warrants and represents that the individual executing this AGREEMENT on its behalf has full authority to execute this AGREEMENT and bind it to the same. 6. Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document. 7. Construction. The PARTIES acknowledge that the PARTIES and their counsel . have reviewed and revised the AGREEMENT and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the AGREEMENT. 9. Enforcement. The City Attorney or his or her designee may enforce all legal rights and obligations under this AGREEMENT without further authorization. DEVELOPER shall provide to the City Attorney all documents and records that the City Attorney requests to assist in determining DEVELOPER'S compliance with this AGREEMENT. 10. Entire Agreement. This AGREEMENT constitutes the entire agreement between. the Parties with respect to the subject matter covered in this AGREEMENT. There is no other collateral oral or written agreement between the Parties that, in any manner, relates to the subject matter of this AGREEMENT, except as provided for Schertz Roadway Capital Recovery Offset Agreement in any Exhibits attached hereto or duly approved amendments to this AGREEMENT, as approved by the City Council of the City of Schertz, Texas. 1.1. Execution of AGREEMENT. a) City Council has authorized the City Manager to execute this AGREEMENT on behalf of the CITY, as evidenced by Resolution, dated October 22, 2019. b) Jesse Baker and Thomas Tischer are authorized to execute this AGREEMENT on its behalf, as evidenced by Company Resolution, dated May 18, 2015 and attached hereto as Attached hereto as Exhibit D . 12. Exhibits and Attachments. All Exhibits and Attachments referenced in this AGREEMENT are attached hereto and incorporated herein for all purposes. 1.3. Force Majeure. It is expressly understood and agreed by the parties to this AGREEMENT that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, fire or other casualty, or court injunction, inability to obtain labor or materials or reasonable substitutes therefore, governmental restrictions, governmental regulations, governmental controls, governmental action, delay in issuance of permits or approvals (including, without limitation, fire marshal approvals), enemy or hostile governmental action, civil commotion, Ere or other casualty, and other causes beyond the reasonable control of the obligated party and delays caused by the other party, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such obligation or requirement shall be extended for a period of time equal to the period such party was delayed. 14. Gender. The gender of the wording throughout this AGREEMENT shall always be interpreted to mean either sex, and where the context requires, the plural of any word shall include the singular. 15. Governmental Records. All invoices, records and other documents required for submission to the CITY pursuant to the terms of this AGREEMENT are Governmental Records for the purposes of Texas Penal Code Section 37.10. 1.6. Immunities and defenses. a) By entering into this AGREEMENT, the PARTIES do not waive, and shall not be deemed to have waived, any rights, immunities, or defenses either may have, including the defense of parties, and nothing contained herein shall ever be construed as a waiver of sovereign, statutory or official immunity by the CITY Schertz Roadway Capital Recovery Offset Agreement with such rights being expressly reserved to the fullest extent authorized by law and to the same extent which existed prior to the execution hereof. b) No employee of CITY, or any eouneilmember or agent of CITY, shall be personally responsible for any liability arising under or growing out of this AGREEMENT. 17. Mutual Assistance. CITY and DEVELOPER will do all things reasonably necessary or appropriate to carry out the terms and provisions of this AGREEMENT and to aid and assist each other in carrying out such terms and provisions. 18. Notices. Any notice, statement and /or communication required and /or permitted to be delivered hereunder shall be in writing and shall be mailed by first -class mail, postage prepaid, or delivered by hand, by messenger, by facsimile, or by reputable overnight carrier, and shall be deemed delivered when received at the addresses of the Parties set forth below, or at such other address furnished in writing to the other Parties thereto: DEVELOPER: ILF N -T Owner, LP Attn: Casey Tischer 500 Boylston Street Boston, MA 02116 ct ,freeholdcm.com and Matt D. Matthews8601 Ranch Road 2222 Building 1, Suite 260 Austin, TX 78730 mdmgfreeholdcommunitites. com iK fit . E#ffji.`= Tony Corbett McLean & Howard L.L.P. Barton Oaks Plaza, Building II 901 South MoPac Expy Suite 225 Austin, TX 78746 tcorbettkmcleanhowardlaw. com Schertz Roadway Capital Recovery Offset Agreement And Kathy Rowe 500 Boylston. Street, Suite 2010 Boston, MA 02116 kr(a,freeholdem.com City: City Manager City of Schertz 1400 Schertz Parkway Schertz, TX 78154 Phone: (210) 619 -1000 Fax: (210) 619 -1029 WITH COPY TO: Denton Navarro Rocha Bernal & Zech A Professional Corporation Attn. T. Daniel Santee 2517 N. Main Avenue San Antonio, Texas 78212 Phone: (210) 227 -3243 Fax: (210) 225 -4481. 19. Ordinance Applicability. The signatories hereto shall be subject to all ordinances of the CITY, whether now existing or in the future arising provided however no ordinance shall reduce or diminish the contractual obligations contained herein. This AGREEMENT shall confer no vested rights on the PROJECT unless specifically enumerated herein. 20. Severability. In the event any provision of this AGREEMENT is illegal, invalid, or unenforceable under the present or future laws, then, and in that event, it is the intention of the PARTIES hereto that the remainder of this AGREEMENT shall not be affected thereby, and it is also the intention of the Parties to this AGREEMENT that in lieu of each clause or provision that is found to be illegal, invalid, or unenforceable a provision be added to this AGREEMENT which is legal, valid and enforceability and is a similar in terms as possible to the provision found to be illegal, invalid or unenforceable. Schertz Roadway Capital Recovery Offset Agreement 21. Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the PARTIES, as well as any rights and benefits of the PARTIES, pertaining to a period of time following the termination of this AGREEMENT shall survive termination. [Page Ends Here — Signature Pages Follow] Schertz Roadway Capital Recovery Offset Agreement EXECUTED in duplicate originals to be effective as of the date of the last signature below. DEVELOPER: ILF N -T OWNER, LP, a Delaware limited partnership By: ILF N -T GP, LLC, a Delaware limited liability company, its General Partner By: ILF N -T Holdings, LLC, a Delaware limited liability company, its Sole Member By: FCA Nor -Tex, LLC, a Delaware limited lability company, its Administrative Member By: Name: Title: Commonwealth of Massachusetts County of Suffolk Authorized Signatory Before me, the undersigned authority, on this day personally appeared , known to me to be the Authorized Signatory of FCA Nor -Tex, LLC, Administrative Member of ILF N -T Holdings, LLC, Sole Member of ILF N -T GP, LLC, General Partner of ILF N -T Owner, LP on behalf of said limited partnership and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated. (Personalized Seal) Schertz Roadway Capital Recovery Offset Agreement Notary Public's Signature [ON CITY OF SCHERTZ, TEXAS, U-M Date: F.1740•1MI Schertz Roadway Capital Recovery Offset Agreement Agenda No. 10. ei Olum City Council October 22, 2019 Meeting: Department: Engineering Subject: Resolution 19 -R -141 - Consideration and/or action accepting the appraised value offer of the Texas Department of Transportation (TxDOT) to acquire a parcel of land needed for the FM 1518 expansion project, and other matters in connection therewith. (B. James /K. Woodlee) BACKGROUND The Texas Department of Transportation (TxDOT) is working on a project to widen the right of way and paving of FM 1518 between IH 10 and FM 78 in the City of Schertz. The $45 million project is being funded with federal funds administered through the Alamo Area Metropolitan Planning Organization (AAMPO), TxDOT, the City of Schertz, and Bexar County. In order to construct and operate the planned improvements to FM 1518, portions of numerous properties along the current right of way are needed and are proposed to be purchased by TxDOT. One of those parcels is owned by the City of Schertz. The parcel identified as "Parcel 146" is a narrow strip of land located on the west side of FM 1518, from the intersection of FM 1518 and Lower Seguin Road, south approximately 1,500 feet (0.46 kilometers) (see attached Exhibit A). TxDOT had a survey and appraisal performed for the parcel. Table 1 provides a summary of information regarding the City -owned parcel. TABLE 1 Parcel Summary Information GOAL The goal of this resolution is to accept compensation from TxDOT to provide necessary right of way for the FM 1518 improvement project within the City of Schertz. COMMUNITY BENEFIT Once necessary rights of way for the project have been acquired, TxDOT will be able to proceed with construction of the FM 1518 improvement project. Approval of Resolution 19 -R -141, accepting the appraised value offer from TxDOT for the minor parcel needed as right of way for the FM 1518 improvement project. u_, The City of Schertz will receive $15,443 in compensation for the property. RECOMMENDATION Staff recommends that the City Council approve Resolution 19 -R -141, accepting the appraised value offer from TxDOT for the minor parcel needed as right of way for the FM 1518 improvement project. Attachments Res 19 R 141 Exhibit A - Parcel Location Exhibit :B Agreement RESOLUTION NO. 19 -R -141 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ACCEPTING THE APPRAISED VALUE OFFER OF THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) TO ACQUIRE A PARCEL OF LAND NEEDED FOR THE FM 1518 EXPANSION PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, TxDOT has begun a project to expand FM1518 between 110 and FM 78; and, WHEREAS, the City owns a parcel of land located on the west side of FM 1518 from the intersection of Lower Seguin Road, south approximately 1,500 feet; and, WHEREAS TxDOT needs to acquire that land for the expansion project; and, WHEREAS, City Council authorization is needed for the City to sell the property to TxDOT; and, WHEREAS, the right of way acquisition consultant for TxDOT has sent offer letters, a formal appraisal and a deed for signature should the City choose to accept the offers. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby accepts the appraised value offer to purchase the parcel labeled as Parcel 1.46 and depicted in the attached Exhibit A in the amount of FIFTEEN THOUSAND FOUR HUNDRED FORTY THREE DOLLARS AND NO CENTS ($15,443.00) from TxDOT and authorizes the City Manager to execute and deliver all documents necessary to complete the transaction. 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 22nd day of October, 2019. CITY OF SCHE.RTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary N W +E S City Of Schertz 0 50 100 200 300 400 500 Feet This product is for informational purposes and may not have been prepared for or be Parcel 1 46 s suitable for legal, engineering, or surveying purposes. It does not represent an on- the - ground No -MnN survey and represents only the approximate relative location of property boundaries. ,Texas Dew spt ort t of Tfansportatfon Form ROW- N -PUAIC (Rev. 04/17) Page 1 of 5 POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES WITH ADDITIONAL PAYMENT OF INDEPENDENT CONSIDERATION STATE OF TEXAS § ROW CSJ: 0465 -02 -028 § Parcel No.: 146 COUNTY OF DENTON § Project No.: FM 1518 This Possession and Use Agreement For Transportation Purposes (the "Agreement ") between the State of Texas, acting by and through the Texas Department of Transportation (the "State ") , and City of Schertz (the "Grantor" whether one or more), grants to the State, its contractors, agents and all others deemed necessary by the State, an irrevocable right to possession and use of the Grantor's property for the purpose of constructing a portion of Highway No. FM 1518 (the "Highway Construction Project "). The property subject to this Agreement is described more fully in field notes and plat map (attached as "Exhibit A ") and made a part of this Agreement by reference (the "Property "). 1. For the consideration paid by the State which is set forth in Paragraphs 2 and 3 below, the receipt and sufficiency of which is acknowledged, the Grantor grants, bargains, sells and conveys to the State of Texas the right of entry and exclusive possession and use of the Property for the purpose of constructing a highway and appurtenances thereto and the right to remove any improvements. Authorized activities include surveying, inspection, environmental studies, archeological studies, clearing, demolition, construction of permanent improvements, relocating, replacing, and improving existing utility facilities, locating new utility facilities, and other work required to be performed in connection with the Highway Construction Project. This Possession and Use Agreement will extend to the State, its contractors and assigns, owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the State in the future, and all others deemed necessary by the State for the purpose of the Highway Construction Project. This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of utilities on the Property. 2. In full consideration for this irrevocable grant of possession and use and other Grantor covenants, warranties, and obligations under this Agreement, the State will tender to the Grantor the sum of Zero Dollars ($0.00). The Grantor agrees that this sum represents adequate and full compensation for the possession and use of the Property. The State will be entitled to take possession and use of the Property upon tender of payment. The parties agree that the sum tendered represents 0% percent of the State's approved value, which assumes no adverse environmental conditions affecting the value of the Property. The approved value is the State's determination of the just compensation owed to the Grantor for the real property interest to be acquired by the State in the Property, encumbered with the improvements thereon, if any, and damages to the remainder, if any, save and except all oil, gas and sulphur. The parties agree that the sum tendered to Grantor will be deducted from any final settlement amount, Special Commissioners' award or court judgment. In the event the amount of the final settlement or judgment for acquisition of the Property is less than the amount the State has paid for the possession and use of the Property, then the Grantor agrees that the original amount tendered represents an overpayment for the difference and, upon written notice from the State, the Grantor will promptly refund the overpayment to the State. Form ROW- N -PUAIC (Rev. 04/17) Page 2 of 5 3. As additional consideration, the State will tender to the Grantor the sum of Three Thousand and NO/100 Dollars ($3,000.00), the receipt and sufficiency of which is acknowledged. The parties agree that the sum tendered under this Paragraph 3: (i) is independent consideration for the possession and use of Grantor's Property and represents no part of the State's compensation to be paid for the anticipated purchase of the Property; and (ii) will not be refunded to the State upon any acquisition of the Property by the State. 4. The effective date of this Agreement will be the date on which payment pursuant to Paragraphs 2 and 3 above was tendered to the Grantor by the State, or disbursed to the Grantor by a title company acting as escrow agent for the transaction, (the `Effective Date "). 5. The Grantor warrants and represents that the title to the Property is free and clear of all liens and encumbrances or that proper releases will be executed for the Property prior to funds being disbursed under this Agreement. The Grantor further warrants that no other person or entity owns an interest in the fee title to the Property and further agrees to indemnify the State from all unreleased or undisclosed liens, claims or encumbrances affecting the Property. 6. The parties agree that the valuation date for determining the amount of just compensation for the real property interest proposed to be acquired by the State in the Property, for negotiation or eminent domain proceeding purposes, will be the Effective Date of this Agreement. 7. This Agreement is made with the understanding that the State will continue to proceed with acquisition of a real property interest in the Property. The Grantor reserves all rights of compensation for the title and interest in and to the Property which the Grantor holds as of the time immediately prior to the Effective Date of this Agreement. This Agreement shall in no way prejudice the Grantor's rights to receive full and just compensation as allowed by law for all of the Grantor's interests in and to the Property to be acquired by the State, encumbered with the improvements thereon, if any, and damages, if any, to the remainder of the Grantor's interest in any larger tract of which the Property is a part (the "Remainder "), if any; all as the Property exists on the Effective Date of this Agreement. The State's removal or construction of improvements on the Property shall in no way affect the fair market value of the Property in determining compensation due to the Grantor in the eminent domain proceedings. There will be no project impact upon the appraised value of the Property. This grant will not prejudice the Grantor's rights to any relocation benefits for which Grantor may be eligible. 8. In the event the State institutes or has instituted eminent domain proceedings, the State will not be liable to the Grantor for interest upon any award or judgment as a result of such proceedings for any period of time prior to the date of the award. Payment of any interest may be deferred by the State until entry of judgment. 9. The purpose of this Agreement is to allow the State to proceed with its Highway Construction Project without delay and to allow the Grantor to have the use at this time of a percentage of the estimated compensation for the State's acquisition of a real property interest in the Property. The Grantor expressly acknowledges that the proposed Highway Construction Project is for a valid public use and voluntarily waives any right the Grantor has or may have, known or unknown, to contest the jurisdiction of the court in any condemnation proceeding for acquisition of the Property Form ROW- N -PUAIC (Rev. 04/17) Page 3 of 5 related to the Highway Construction Project, based upon claims that the condemning authority has no authority to acquire the Property through eminent domain, has no valid public use for the Property, or that acquisition of the Property is not necessary for the public use. 10. The Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. The extraction of oil, gas and minerals may not affect the geological stability of the surface. Nothing in this reservation will affect the title and rights of the State to take and use all other minerals and materials thereon, and thereunder. 11. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and special assessments assessed against Property, including prorated taxes for the year in which the State takes title to the Property. 1.2. Notwithstanding the acquisition of right of possession to the Property by the State in a condemnation proceeding by depositing the Special Commissioners' award into the registry of the court, less any amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall continue to remain in effect until the State acquires title to the Property either by negotiation, settlement, or final court judgment. 13. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors in interest and assigns of the parties. 14. It is agreed the State will record this document. 15. Other conditions: N/A Form ROW- N -PUAIC (Rev. 04/17) Page 4 of 5 To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the State of Texas and its assigns forever, for the purposes and subject to the limitations set forth above. GRANTOR: City of Schertz By: Printed Name: Title: (if GRANTOR is an entity other than an individual person) Date: Corporate Acknowledgment State of Texas County of This instrument was acknowledged before me on 2019 by of City of Schertz, on behalf of said corporation. Notary Public's Signature Form ROW- N -PUAIC (Rev. 04/17) Page 5 of 5 THE STATE OF TEXAS Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Gabriel Lopez Right of Way Supervisor — San Antonio District Texas Department of Transportation Date: STATE OF COUNTY OF This instrument was acknowledged before me this day of 120 by , the of Texas Department of Transportation. Notary Public, State of Texas My Commission Expires: _ Bexar County, Texas F.M. 1518: F.M. 78 to IH. 10 RCSJ: 0465 -02 -028 Parcel 146 Original date: April, 2019 EXHIBIT A A 0.5252 acre (22,878 square feet) tract of land being all of that called 0.291 acre tract of land described in a deed executed on October 25, 2000 from Michael Allen Knotts, to the City of Schertz, recorded in Volume 9212, Page 689 of the Official Public Records of Bexar County, Texas, and all of that called 0.223 of an acre tract of land described in a deed to the City of Schertz from Melfred Kallies and wife, Ethel Kallies and Richard Kemp and wife, Janice Kemp, recorded in Volume 9212, Page 682 of the Official Public Records of Bexar County, Texas, all situated in the Julian Diaz Survey, Abstract 187, County Block 5059 of Bexar County, Texas. Said 0.5252 acre tract being more fully described as follows: COMMENCING at a set 1/2 inch iron rod with yellow cap marked "Pape- Dawson" on the existing southeast right -of -way line of Lower Seguin Road (variable width right -of -way), no recording information found, at the west corner of a called 1.879 acre tract of land described in a deed recorded in Volume 9312, Page 804, of the Official Public Records of Bexar County, Texas, also being the southeast right -of -way line of Trainer -Hale Road, closed on the ground and no conveyances found; THENCE, North 58 °29'36" East (called North 60 °54' East), along and with the existing southeast right -of -way line of said Lower Seguin Road, the northwest line of said 1.879 acre tract, a distance of 182.76 feet, to a point at the north coiner of said 1.879 acre tract, the north end of a cutback line at the southwest corner of the intersection of said Lower Seguin Road with F.M. 1518 (variable width right -of -way), described in a deed recorded in Volume 3980, Page 434 of the Deed and Plat Records of Bexar County, Texas, from which a found TXDOT Type I right -of -way monument bears South 54 °17'31" East, a distance 1.31 feet; THENCE, South 65 °06'49" East, along said cutback line, the northeast line of said 1.879 acre tract, a distance of 16.40 feet to a set 1/2 inch iron rod with yellow cap marked "Pape - Dawson" for the POINT OF BEGINNING of herein described Parcel 146. Said point being 73.58 feet right of and at a right angle to F.M. 1518 proposed alignment station 239 +75.89 and having surface coordinates of N 13,740,973.24 and E 2,208,537.24; (1) THENCE, South 65 °06'49" East, continuing along said cutback line, now being the northeast line of said 0.291 acre tract, a distance of 41.33 feet to a set 1/2 inch iron rod with yellow cap marked "Pape- Dawson "; (2) THENCE, South 10 °23'23" East, along and with the east line of said 0.291 acre tract, a distance of 188.15 feet to a set 1/2 inch iron rod with yellow cap marked "Pape- Dawson "; Page 1 of 9 Parcel 146 Original Date: April, 2019 .� WHEAT (3) THENCE, Southeasterly, along a tangent curve to the left, said curve having a radius of 2,904.79 feet, a central angle of 20 °05'04 ", a chord bearing and distance of South 20 °25'55" East, 1,013.04 feet, passing the south corner of said 0.291 acre tract, the north corner of said 0.223 acre tract at an are length of 667.87 feet, continuing an additional arc length of 350.37 feet, now being the northeast line of said 0.223 acre tract, for a total are length of 1,018.24 feet to a set 1/2 inch iron rod with yellow cap marked "Pape- Dawson "; (4) THENCE, South 30 °28'27" East, continuing along said line, a distance of 220.53 feet to a set 1/2 inch iron rod with yellow cap marked "Pape- Dawson" on the northeast line of a right -of -way dedication (no acreage given) shown on the plat of The Crossvine Module 1, Unit 1, recorded in Volume 9668, Pages 176 -182 of the Deed and Plat Records of Bexar County, Texas; (5) THENCE, North 35 °07'00" West, along and with the common line between said 0.223 acre tract and said right -of -way dedication, a distance of 186.42 feet to a set 1/2 inch iron rod with yellow cap marked "Pape- Dawson "; (6) THENCE, North 28'05'15" West, continuing along said line, passing at a distance of 12.62 feet, a found iron rod with cap marked "KFW" at the north most corner of said right -of -way dedication, continuing an additional distance of 153.50 feet along the southwest line of said 0.223 acre tract, now being the northeast line of a 49.406 acre tract, described in a deed recorded in Volume 15231, Page 2228 of the Official Public Records of Bexar County, Texas, for a total distance of 166.12 feet, from which a found 1/2 inch iron rod bears South 57 001'09" East, a distance of 0.33 feet; (7) THENCE, North 30 °53'01" West, along the common line between said 0.223 acre tract and said 49.406 acre tract, a distance of 170.27 feet to a found 1/2 inch iron rod; (8) THENCE, North 23 °32'44" West, continuing along said common line, passing at a distance of 118.82 feet, a found iron rod with cap marked "DMC 3403" on the west right -of -way line of said Old Trainer -Hale Road, departing said common line, but continuing along said bearing, an additional distance of 45.29 feet, still along the southwest line of said 0.223 acre tract, but now over and across said Trainer - Hale Road, for a total distance of 164.11 feet to a found 1/2 inch iron rod; (9) THENCE, North 16 °34'31" West, continuing along and with the southwest line of said 0.223 acre tract, over and across said Trainer -Hale Road, passing at a distance of 48.09 feet, a found 1/2 inch iron rod which bears South 30'10'13" East, a distance of 0.61 feet, continuing an additional distance of 115.82 feet along the existing west right -of -way line of said F.M. 1518, the common line between said 0.291 acre tract and said 1.879 acre tract, for a total distance of 163.91 feet to a found 1/2 inch iron rod; Page 2 of 9 Parcel 146 Original Date: April, 2019 IM �N_ M, THENCE, continuing along the existing west right-of-way line of said F.M. 1518, the common line between said 0.291 acre tract and said 1.879 acre tract, the following bearings and distances: (10) North 16'10'33" West, a distance of 173.20 feet to a found iron rod with cap marked "CEC"; 1) North 11'53'44" West, a distance of 220.06 feet to a found iron rod with cap marked "CEC"; (12) North 10'23'56" West, a distance of 138.96 feet to a set 1/2 inch iron rod with yellow cap marked "Pape-Dawson"; (13) North 08'21'13" West, a distance of 22.99 feet to a found I/2 inch iron rod; (14) North 31'45'17" West, a distance of 56.44 feet to the POINT OF BEGINNING, and containing 0.5252 acres (22,878 square feet) in Bexar County, Texas. All bearings and coordinates are based on the Texas Coordinate System established for the South Central Zone from the North American Datum of 1983 NAD 83 (NA201 1) epoch 2010.00. All distances and coordinates shown hereon are surface values represented in U.S. Survey Feet and may be converted to grid by dividing by a surface adjustment factor of 1.00017. Note: A parcel plat of even date was prepared in conjunction with this property description. Access will be permitted to the remainder property abutting the highway facility. PREPARED BY: Pape-Dawson Engineers, Inc. 2000 NW Loop 410, San Antonio, Texas, 78213 210-375-9000 DATE: April 29, 2019 JOB NO. 8896-02 DOC. ID. N:\Civi1\8896-02\DGN\R0W FINAL MAMPARCEL EXHIBITS\Word\FM 1518-PARCEL 146.doex f ol F 600 64696, T g DAMD A. CASANOVA Page 3 of 9 4 -c- ' i. It LEV.= R.O.W. RIGHT-OF-WAY 0 DESCRIPTION OPR OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS 0 HIGHWAY NO. HIGHWAY DPR DEED AND PLAT RECORDS OF BEXAR COUNTY, TEXAS BEXAR TEXAS DR DEED RECORDS OF BEXAR COUNTY, TEXAS P.O.B. I'M FARM TO MARKET ROAD PARCEL 146 I.R. IRON ROD ACQ. ACRES (SO.FT.) IN ORIGINAL SURVEY I.P. IRON PIPE P.O.C. 146 I.B. IRON BAR 0.5252 (22,878) N.T.S. NOT TO SCALE N/A 0 FOUND MONUMENTATION AS NOTED N.T.S. 0 SET Y2" IRON ROD WITH PAPE-DAWSON CAP PARENT TRACT PARCEL BOUNDARY LINE —I— PROPERTY LINE CALLED 0.291 OF AN ACRE CHAIN LINK FENCE CITY OF SCHERTZ 0 MAILBOX N58'29'36"E FROM MICHAEL ALLEN KNOTTS 0 POWER POLE 182.76' —0— SIGN VOLUME 9212, PAGE 689, OPR El PULL BOX OCTOBER 25, 2000 FIRE HYDRANT S65'06'49"E WATER METER � WATER VALVE 16.40' — TELE — COMMUNICATION LINE 4 _OHU— OVERHEAD UTILITY _w_ WATER LINE —UFO— UNDERGROUND FIBER OPTIC x — WIRE FENCE PARENT TRACT CALLED 0.223 OF (AQ) AN ACRE INIM, 011A CITY OF SCHERTZ 1) THE BEARINGS AND COORDINATES SHOWN HEREON ARE *.4p FROM BASED ON THE NORTH AMERICAN DATUM OF 1983 (NA MELFRED KALLIES 2011) EPOCH 2010.00 FROM THE TEXAS COORDINATE & WIFE ETHEL SYSTEM ESTABLISHED FOR THE SOUTH CENTRAL ZONE, KALLIES AND WITH A SURFACE ADJUSTMENT FACTOR OF 1.00017 (P RICHARD KEMP APPLIED. ->- & WIFE, NICE cp 2) A METES AND BOUNDS DESCRIPTION OF EVEN DATE WAS KEMP PREPARED IN CONJUNCTION WITH THIS PARCEL PLAT. VOLUME 9212, 3) ** THE MONUMENT DESCRIBED AND SET MAY BE PAGE 682, OPR REPLACED WITH A TXDOT TYPE 11 RIGHT-OF-WAY OCTOBER 4, 2001 MARKER UPON COMPLETION OF THE HIGHWAY CONSTRUCTION PROJECT UNDER THE SUPERVISION OF A (AS) REGISTERED PROFESSIONAL LAND SURVEYOR, EITHER EMPLOYED OR RETAINED BY TXDOT. 4) (AP) RIGHT-OF-WAY DEED (AS) RIGHT-OF-WAY DEED 2.646 ACRES 0.223 OF AN ACRE PARCEL (a) CONVEYED TO THE CITY OF SCHERTZ CONVEYED TO THE STATE OF TEXAS RECORDED IN VOLUME 9212, PAGE 682, OPR RECORDED IN VOLUME 3980, PAGE 434, DR 10/04/2001 01/21/1957 (AQ) RIGHT-OF-WAY DEED (AT) CITY OF SCHERTZ RIGHT-OF-WAY DEDICATION 0.291 OF AN ACRE RECORDED IN VOLUME 9668, PAGE 181, DPR CONVEYED TO THE CITY OF SCHERTZ 05/28/2014 RECORDED IN VOLUME 9212, PAGE 689, OPR 10/25/2000 PARENT TRACT INSET OJPAPE-DAWSON ENGINEERS SAN ANTONIO I AUSTIN I HOUSTON I FORT WORTH I DALLAS 2000 NW LOOP 410 1 SAN ANTONIO, TX 78213 1 210.375.9000 TBPE FIRM REGISTRATION #470 1 TBPLS FIRM REGISTRATION #10028800 (AT) REVISION DATE DESCRIPTION BY HIGHWAY NO. HIGHWAY 6 BEXAR TEXAS PARCEL NO. DEED ACREAGE ACQUIRED ACRES (SQ. FT. ) ABSTRACT ACQ. ACRES (SO.FT.) IN ORIGINAL SURVEY I REMAINDER REMAINDER 146 0.514 0.5252 (22,878) 187 N/A 0.0 I — PARCEL PLAT SHOWNG PARCEL 146 FED. RD. DIV. NO. COUNTY STATE ORIGINAL DATE HIGHWAY NO. HIGHWAY 6 BEXAR TEXAS APRIL, 2019 FM 1518 DIST. SCALE R.O.W. CONT. NO. I SECT. NO. I JOB NO. PAGE 15 N. T. S. 1 sommommommm 0465 028 4 OF 9 .� LINE TABLE LINE BEARING LENGTH L1 S65'06'49 "E 41.33' L2 N08'21'13 "W 22.99' L3 N31'45'17 "W 56.44' JERONIMO LEAL SURVEY NO. 79 ABSTRACT 424 0 25 50 COUNTY BLOCK 5058 SCALE: 1 "= 50' 0 P.O.B. N: 13,740,973.24 E: 2,208,537.24 I STA:239 +75.89 ° DRAIN OFFSET: 73.58' RT STRUCTURE / � 1 .. /Op4`�1;51 iv o 1, 4j z W N� Q�OPO ap /FO y 1� � �C `r w $ 'S65'O6'49 "E 16.40' pPe t-3 O R / ALT / N y Tn 0 j PARCEL 146 I 0.5252 ACRE m N o co METAL (2�?�. SQ. FT.) Z N p O SHED 0 c1 P.O.C. 0 1 -STORY O METAL r-� 1.879 AC ES BUILDING yl °y TIMOTHY C. KNOTTS, ° ° s O HUSBAND OF JEANNE A. KNOTTS, �L a. � AS HIS SOLE AND SEPARATE PROPERTY , r � Oy VOLUME 9312, PAGE 804, OPR W p�j ��y� GRAVEL rr 1 ^yo ARENT TRACT CALLED 0.291 OF AN ACRE CITY OF SCHERTZ FROM MICHAEL ALLEN KNOTTS I_ VOLUME 9212, PAGE, 689, OPR 6 OF 9 y OCTOBER 25, 2000 E SHEET MATCH CIN .° JULIAN DIAZ SURVEY ABSTRACT187 COUNTY BLOCK 5059 PAPE•DAWSON PARCEL PLAT SHOWING ENGINEERS PARCEL 146 FMJ FED. RD. COUNTY STATE ORIGINAL DATE HIGHWAY NO. DIV. N0. SAN ANTONIO I AUSTIN I HOUSTON I FORT WORTH I DALLAS 6 BEXAR TEXAS APRIL 2019 FM 1518 2000 NW LOOP 410 1 SAN ANTONIO, TX 78213 1 210.375.9000 DIST. SCALE R.O. W. CONT. NO. SECT. NO. JOB NO. PAGE NO. TSPE FIRM REGISTRATION #470 1 TSPLS FIRM REGISTRATION #10028800 1 5 1 11 =50' 0465 02 020 5 OF 9 3 Q E OZ �O Ia0 M / h O o� N N NS a/ o� PROPOSED ALIGNMENT CURVE TABLE CURVE RADIUS DELTA CHORD BEARING CHORD TANGENT LENGTH Cl 2,864.79' 20'01'38" S20'27'38 "E 996.27' 505.84 1,001.36' P.I. STA: 246 +99.78 N:13,740,274.72 E:2,208,740.86 CURVE TABLE CURVE RADIUS DELTA CHORD BEARING CHORD LENGTH C2 2,904.79' 20'05'04" S20'25'55" E 1,013.04' 1,018.24' MpTGH LINE SHEET 5 O� FD. I.R. VA MARKED "CEC" CAP GRAVEL PARENT TRACT CALLED 0.291 OF AN ACRE CITY OF SCHER7 FROM MICHAEL ALLEN KNOTTS VOLUME 9212, PAGE, 689, OPR Z OCTOBER 25, 2000 0 1.879 ACRES TIMOTHY C. KNOTTS, �P. r0y HUSBAND OF JEANNE A. KNOTTS, y6' X% AS HIS SOLE AND SEPARATE PROPERTY 0 VOLUME 9312, PAGE 804, OPR loo � y 2 A al 0 0� GyGyJyo� JULIAN DIAZ SURVEY ABSTRACT 187 COUNTY BLOCK 5059 f PAPE-DAWSON ENGINEERS SAN ANTONIO I AUSTIN I HOUSTON I FORT WORTH I DALLAS 2000 NW LOOP 410 1 SAN ANTONIO, TX 78213 1 210.375.9000 TBPE FIRM REGISTRATION 4470 1 TBPLS FIRM REGISTRATION 010028800 PARCEL 146 0.5252 ACRE (22,878 SQ. FT.) OF 9 Mp-\OH � \NE SN i a m W V o a NZ J O � O a5 �a of ro o io N � NS a65 a2 wa o° 1� PROPOSED ALIGNMENT CURVE TABLE N:13,740,274.72 E:2,208,740.86 CURVE RADIUS DELTA CHORD BEARING CHORD TANGENT LENGTH Cl 2,864.79' 20'01'38" S20'27'38" E 996.27' 505.84 1,001.36' P.I. STA: 246 +99.78 N:13,740,274.72 E:2,208,740.86 OF 9 >< / / �o C-) L X N 1.879 ACRES TIMOTHY C. KNOTTS, ��O o HUSBAND OF JEANNE A. KNOTTS, AS HIS SOLE AND SEPARATE PROPERTY VOLUME 9312, PAGE 804, OPR prro- p0 T p U) Q p GRAVEL W Z cT 25' X 25' SOUTHWESTERN BELL EASEMENT VOLUME 8517, PAGE 1700, OPR PARCEL 146 0.5252 ACRE `p���, (22,878 SQ. FT.) fl PARENT TRACT CALLED 0.291 OF AN ACRE CITY OF SCHERTZ FROM MICHAEL ALLEN KNOTTS VOLUME 9212, PAGE, 689, OPR OCTOBER 25, 2000 JULIAN DIAZ SURVEY ABSTRACT 187 COUNTY BLOCK 5059 FD. Y2" I.R. S30'10'13 "E 0.61' 0 \ �L i \ � G -0 Z T 0 N j 0 w PARENT TRACT m CALLED 0.223 OF AN ACRE �T \ CITY OF SCHERTZ FROM MELFRED KALLIES & WIFE ETHEL KALLIES AND RICHARD KEMP AND WIFE, JANICE KEMP FD. V" IRON ROD VOLUME 9212, PAGE 682, OPR \NE SH OCTOBER 4, 2001 / / MPl / PAPE- DAWSON rmj ENGINEERS FED. DIV. SAN ANTONIO I AUSTIN I HOUSTON 1 FORT WORTH I DALLAS 6 2000 NW LOOP 410 1 SAN ANTONIO, TX 78213 1 210.375.9000 DI 5 TSPE FIRM REGISTRATION #470 1 T8PLS FIRM REGISTRATION 810028800 1 5 PARCEL PLAT SHOWING PARCEL 146 COUNTY STATE ORIGINAL DATE HIGHWAY NO. BEXAR TEXAS APRIL. 2019 FM 1518 PROPOSED ALIGNMENT CURVE TABLE CURVE RADIUS DELTA CHORD BEARING CHORD TANGENT LENGTH Cl 2,864.79' 20'01'38" S20'27'38 "E 996.27' 505.84 1,001.36' P.I. STA: 246 +99.78 N:13,740,274.72 E:2,208,740.86 PORTION OF TRAINER -HALE ROAD (CLOSED ON THE GROUND) NO CONVEYANCE FOUND PARENT TRACT EXISTING CALLED 0.291 OF AN ACRE R.O.W. CITY OF SCHERTZ FROM MICHAEL ALLEN KNOTTS OLUME 9212, PAGE, 689, OPR / OCTOBER 25, 2000 FD. I.R. WITH CAP MARKED "DMC 3403" 9 SNEER � 0�� MP�cN ��NE Nip PIZ o 0 0 o 2 > \ ip G� awo N G k \ TO °o FD. V' I.R. \ G T � PARENT TRACT CALLED 0.223 OF AN ACRE CITY OF SCHERTZ FROM MELFRED KALLIES & WIFE ETHEL "'O0 KALLIES AND RICHARD KEMP dl j & WIFE, JANICE KEMP O S a VOLUME 9212, PAGE 682, OPR OCTOBER 4, 2001 ��'>y° 'p o° O° o b \ 49.406 ACRES a� Ll/ \ SCHERTZ 1518, LTD., A TEXAS \ \ LIMITED PARTNERSHIP 61 VOLUME 15231, PAGE 2228, OPR JULIAN DIAZ SURVEY ABSTRACT 187 COUNTY BLOCK 5059 PAPE- DAWSON F.AJENGINEERS SAN ANTONIO I AUSTIN I HOUSTON 1 FORT WORTH I DALLAS 2000 NW LOOP 410 1 SAN ANTONIO, TX 78213 1 210.375.9000 TBPE FIRM REGISTRATION #470 1 TBPLS FIRM REGISTRATION 610028800 0 PARCEL 146 0.5252 ACRE (22,878 SQ. FT.) 0 �o G �90F0 NEB / MPG PROPOSED ALIGNMENT CURVE TABLE CURVE RADIUS DELTA CHORD BEARING CHORD TANGENT LENGTH Cl 2,864.79' 20'01'38" S20'27'38" E 996.27' 505.84 1,001.36' P.I. STA: 246 +99.78 N:13,740,274.72 E:2,208,740.86 8 0F' / GT FD. N' I.R. S57'01'09 "E 0.33' a \ �o 49.406 ACRES O� SCHERTZ 1518, LTD., A TEXAS LIMITED PARTNERSHIP VOLUME 15231, PAGE 2228, OPR j a EXISTING R.O.W. Ff s' �kn n� j 'C4) PARCEL 146 055252 ACRE Q (22,878 SQ. FT.) LOT 35, BLOCK 5 LANDSCAPE LOT THE CROSSVINE MODULE 1, UNIT 1 VOLUME 9668, PAGES 176 -182, DPR PARENT TRACT CALLED 0.223 OF AN ACRE J CITY OF SCHERTZ FROM MELFRED KALLIES & WIFE ETHEL KALLIES AND RICHARD KEMP & WIFE, JANICE KEMP VOLUME 9212, PAGE 682, OPR OCTOBER 4, 2001 JULIAN DIAZ SURVEY ABSTRACT 187 COUNTY BLOCK 5059 PAPE- DAWSON r.mjENGINEERS SAN ANTONIO I AUSTIN I HOUSTON I FORT WORTH I DALLAS 2000 NW LOOP 410 1 SAN ANTONIO, TX 78213 1 210.375.9000 TBPE FIRM REGISTRATION #470 1 TSPLS FIRM REGISTRATION 810028800 \ I? k �G) 0 �. bo q G \ �W \ tLA a� \ Q -1 J T° \ O ei Olum City Council October 22, 2019 Meeting: Department: Planning & Community Development Agenda No. 11. Subject: Ordinance 19 -S -25 - Consideration and/or action approving an Ordinance on a request for a Specific Use Permit to allow a convenience store with gas pumps on approximately 8.5 acres of land, more specifically described as the northwest corner of the intersection between IH -35 and Schwab Road, City of Schertz, Comal County, Texas (B. James /L. Wood /N. Koplyay) Final Reading. The applicant is requesting a Specific Use Permit to allow a convenience store with gas pumps on approximately 8.5 acres of land, more specifically described as the northwest corner of the intersection between IH -35 and Schwab Road, City of Schertz, Comal County, Texas. The subject property is currently undeveloped, vacant land. The proposed development includes an approximately 7,300 square foot convenience store with seventeen (17) total gas pumps under two (2) separate canopies. The public hearing notice was published in the San Antonio Express on September 4, 2019. Four (4) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on August 30, 2019 in preparation for the Planning & Zoning Commission meeting that took place on September 11, 2019. At the time of this report, Staff has received one response in favor of the Specific Use Permit. The following project representatives spoke at the September 11, 2019 Planning & Zoning Commission Public Hearing: • JD Dudley, QuikTrip Corporation, Real Estate Project Manager GOAL The proposed Specific Use Permit is to allow for a convenience store with gas pumps on approximately 8.5 acres of land, located at the northwest corner of the intersection between IH -35 and Schwab Road. 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 Impact on Adjacent Development: The subject property is currently surrounded by the remainder of the sixteen (16) total acre undeveloped parcel of land and the Rights -Of -Way for three (3) separate public roads: Interstate Highway 35 (I1-1-35), Schwab Road, and Baugh Lane. The parcel of land to the west of the subject property is zoned General Business District (GB) and is currently undeveloped, the parcel of land to the east of the subject property and Schwab Road is zoned General Business District (GB) and is currently undeveloped, and the parcel of land to the north of the subject property and Baugh Lane is zoned Manufacturing Light District (M -1) and is currently developed with a national food service distributor (Sysco). Given that the proposed convenience store would be surrounded by three roadways, and the adjacent properties are zoned General Business District (GB) and Manufacturing Light District (M -1), the proposed Specific Use Permit would not have an additional adverse impact on the currently adjacent development. The Comprehensive Land Use Plan, through the North Schertz Sector Plan, identifies this area as Highway Commercial. The Highway Commercial land use is intended for regional scale retail and commercial uses that can take advantage of the highway frontage, with a land use mix of mostly large format retail with restaurants and entertainment uses or mid -rise office buildings. The Highway Commercial future land use areas are specifically located along major intersections on IH -35 in order to maximize access to the region and provide accessible services to planned neighborhoods in the area. A convenience store with gas pumps fits the retail land use desired in Highway Commercial designated areas, and is also a business that can take advantage of its proximity to IH -35; a highway- oriented business is dependent upon both a large flow of traffic and convenient access, and is typically a business that caters to the traveling public. The proposed convenience store with gas pumps is compatible with the Highway Commercial land use designation, and therefore the proposed SUP is generally in conformance with the Comprehensive Land Use Plan, through the North Schertz Sector Plan. Conceptual Site Plan: The applicant is proposing to construct an approximately 7,300 square foot convenience store with seventeen (17) gas pumps on the approximately 8.5 acre tract of land. Architectural Standards: Schertz Unified Development Code (UDC) Sec. 21.9.5 requires all non - residential buildings to comply with the architectural feature requirements; the proposed convenience store complies with the minimum required horizontal and vertical articulations. Parking: The proposed parking areas meet all current regulations within UDC Article 10; the site will provide sixty -two (62) parking spaces sized 1.0' x 20' and twelve (1.2) truck parking spaces sized 14' x 55'. Screening requirements: The site has satisfied the minimum screening requirements for the location. The trash receptacle will be constructed of a masonry material with metal gates that meet the minimum requirements. Landscaping: The proposed site plan meets all requirements outlined in UDC Sec. 21.9.7. The applicant is proposing to install 94 total trees, including 36 Live Oak, 34 Texas Ash, and 24 Texas Redbud. Access and circulation: Access to the site is proposed to be through five (5) new driveways: two (2) right -in /right -out driveways on the IH -35 frontage road, one (1) full movement driveway on Baugh Lane, one (1) full movement driveway on Schwab Road, and one (1) right -in /right -out driveway on Schwab Road. A 25' fire lane is being proposed on all sides of the convenience store to allow for emergency vehicle access. The associated Site Plan and Traffic Impact Analysis Study have been reviewed and approved by both the City of Schertz Engineering Department and the Texas Department of Transportation (TxDOT). Due to the limited adverse impact on adjacent development and the compatibility between the proposed land use and the Comprehensive Land Use Plan, Staff recommends approval of the Specific Use Permit to allow a convenience store with gas pumps at the subject property with the below outlined conditions. Conditions of the Requested Specific Use Permit: The proposed convenience store with gas pumps land use will be subject to provisions of the Unified Development Code (Ordinance 11 -5 -15, as amended). Additionally, the Specific Use Permit will be conditioned upon the following occurring: I . A building permit is approved within one year of the adoption of the SUP ordinance; and 2. The use begins operation within two years of the issuance of the necessary building permit(s). FISCAL IMPACT None RECOMMENDATION A Specific Use Permit allows for discretionary City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this UDC. Approval of a specific use permit authorizes a property owner to submit subsequent development applications consistent with the approved Specific Use Permit. The Planning & Zoning Commission conducted the public hearing on September 11, 2019 and offered a recommendation of approval by a 7 -0 vote. Staff is also recommending approval of the Specific Use Permit to allow a convenience store with gas pumps at the subject property with the above outlined conditions. Attachments Ordinance 19 -S -25 Ordinance 19 -S -25 Exhibit A Aerial Map Public Hearing Notice Map Citizen Response ORDINANCE NO. 19 -S -25 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO APPROVE A SPECIFIC USE PERMIT TO ALLOW FOR OPERATION OF A CONVENIENCE STORE WITH GAS PUMPS ON APPROXIMATELY 8.5 ACRES OF LAND, MORE SPECIFICALLY DESCRIBED AS THE NORTHWEST CORNER OF THE INTERSECTION BETWEEN INTERSTATE HIGHWAY 35 AND SCHWAB ROAD, CITY OF SCHERTZ, COMAL COUNTY, TEXAS. WHEREAS, an application for Specific Use Permit to allow a convenience store with gas pumps, more particularly described in Exhibit A attached hereto and incorporated herein by reference, as the northwest corner of the intersection between Interstate Highway 35 and Schwab Road, (hereinafter, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.1I.E. provides for certain conditions 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 specific use permit (the "Conditions "); and WHEREAS, on September 11, 2019, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, hereby makes a recommendation of approval of a Specific Use Permit for a convenience store with gas pumps; and WHEREAS, on September 24, 2019, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested Specific Use Permit be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. A Specific Use Permit for the northwest corner of the intersection between Interstate Highway 35 and Schwab Road, more particularly described in the attached Exhibit A, is hereby approved to allow a convenience store with gas pumps conditioned upon the following occurring: a) A building permit is approved within one year of the adoption of this ordinance; and b) The use begins operation within two years of the issuance of the necessary building permit(s). Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 8. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 24t" day of September, 2019. PASSED, APPROVED AND ADOPTED on final reading the 22"d day of October, 2019. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 1 10 Q 200' NOTIFICATION BOUNDARY sn P 2 ..... .... . . s I UJI T 77i',-'), -j-z� 1 7, 7 21 �f PLA 114 1 61 �-J iY, A77 El M UL T ;< N CITY OF 5CHEA7Z C17)1 , WA7T-,R LIM A TT < -1111 WE VA UL T WA. TE - ---- . ....... V,, ------ 4 --- 0 ii�s . . ....................... . ........... 15-DUll fJ 7"' !Rh - - - - - -------- ---------- - . ...... . ........ Go wt wtr w r wtr - - - ------- �-W;t �r wtr wtr T- -T= CI�70,9,76' r A 7 > ASPIVA L T '09,50' LJ ASPHA I T RECD D 5, J 22'- NI N4 n=710, 709,90' DOC NO 201006026626 PLAT T L L -A- L -T -z- m SEVH ;011 . ..... 0 SDUH /1 0 12 JO' 30' DRAIAVALOE & b`77LITY' E-A,5FAR-FkT CITY 119/7 3( TZ .... ....... .... ... ..... . . ...... .. ER (Z) 0C, 1`,10, 20 1 (2060 166 17, 0, P R L 0 PROPOSED PROPERTY LINE W EF N" -?� SAIIN� ANFON! AfiT N E 35' RIGHT OF WAY uSE: DEDICATION Q4 A6alM K vC L 14049.02 SO FT F'G, _781, --C,17Y OF' 5CHERTZ PaWW 01F A MUM 90.412 AQW WATER LINE SW AN70OW OALE LWMV PARMRSW M WJ Fill 781, D L R.) �N 04 PARCEL AM- 361876 7' -it b MAW& G119-6DOM StSNESS -0 Lu AN Nlb Z= AM 0 00 0 U) N I (0 C) 345,7=96 50 Fr C. G4hNa4N PMW OF A CALLED 89.412 ACAES SUVIEY Af0t 258 n 0,0 u- w C) 0 Awnwr m SAN AWaW OAE LMM PARM115IRNP -i cli (-5 -j >- J) (Zi F- (WL WJ P& 781, D. R.) < cq PAR= AR.- 75457 Q z 0 2000 G5-WW9M BUMM 0 Ld -�z-20' UTIL17'r' FASI MENT 'D CIT)" OF SCHERTZ N 0 SUMEY Afa 258 (DOC, 610. 200706047574, 0,P,, ABS7RACr 182 -j t 0 Q Lu 0 H < I I I � � I 04 ul�li < J (14 EXISTING PROPERTY LINE N 6,2 0 Ld �z \ U) SPHAL T Q - \ G O'n 10' NEW BRA0VFELS UT111TIES EA,'�EVLNT (110L. 1,76 PG, 447 aOR,,) (VOz., 586 nG. 8,5J D.Rj elry ot SCHERTZ, WAT kR LINE cn F C� VEAIT�- 7.5' SOUTH SELL TELEPHOAIE E4,F-, (VOL� 527 PG� 60,�, D,,iP C= DEAVIAL N WATER LbVF EASEMEAIT- 50J5jl2, 0,Rj X (2)0C, A/0. 20070r Ld q'll�l � c/rOl OF '20100601661J, 03:�/?,) D pon NCI� Ld < :2 CITY OF 3C1-1FRT,7 BOX CUL VER7 G WA Lh BOX CLE rn E FL 700, ohe khe ohe -7- e RISER d ohe ohe he w 7� w �CONCAE Tf H-FADWALL IvBu ."A 1.,.+ WH17F S 1111 � WA7EH INE T X LLj A TRIPE �,E �J DASHED MY7 I<tr a� 4 DASHED WI-11T - SNIPE <-j N 0 W S',7'Rlp_f' qt ASPHALP Ln It LID w r NI! W LLAVItJIL A TER I V) ITE /- TRIP ___SOVD YELLOW S7'RIPE-1 A SPHA L 7' 04 7�,IIPE A ASPhALT A G1 -SURfACr DAAIAI . ..... Wi-11TE AfL ID 141H17ES FLLOW -DRAIN Sr s6L,10 AN -5 00 0R '5011Y YEL.LLOW STP INTERSTATE HIGHWAY NO. 35 ?A, ;.. 1\ VARIABLE WIDTH R.O.W. S/rwvs DR IN C / E" 7 R/� ECI-JLRIG7 CSJ NO. 16-5-39 V) WA TFR LINE WHITE SGty FL 28' RG'P=72 TXDOT TRIPE SO, 1, ' -�f W 7ET SOUL) C < L) ,caow srmp� �2 0) Nt 0 B 0) C) CEN FP,;,INl L) < I z U) z wFr 0 A 0 2 I 3 I 4 I 5 I 6 I 7 I 8 I 9 I 10 11 1 12 1 13 1 14 1 15 11 IVO!- LOCATION MAP N. T.S. 12 SITE LEGEND TYPE AMOUNT BOUNDARY LINE IMPERVIOUS CONCRETE CURB AND GUTTER C ............... , C, C EXISTING GUARD RAIL ----- ----------------------- EXISTING UNDERGROUND U COMMUNICATION LINE e .......................................... ---- EXISTING OVERHEAD F- ct ELECTRIC LINE ............. 10,1111111111111 .................. . l"------- EXISTING FENCE ------------- Al,k0'11 ----------- ----------- MAJOR CONTOUR (EXISTING) MINOR CONTOUR (EXISTING) NOTE: 1) ACCORDING TO FLOOD INSURANCE RATE MAP PANEL 48091CO440F, DATED 9/2/2009, IS LOCATED IN ZONE X AND IS NOT WITHIN THE 100-YEAR FLOODPLAIN. 2) THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT THE TIME OF THE FINAL PLAT. IMPERVIOUS COVER TYPE AMOUNT PERCENT IMPERVIOUS 243,711 SF 62% PROJECT CONTACT LIST: SURVEYOR OF RECORD MATKIN HOOVER KYLE PRESSLER 8 SPENCER RD, STE. 300 BOERNE, TX 78006 TEL:(830) 249-0600 ENGINEER OF RECORD KIMLEY HORN AARON PARENICA, P.E. 601 NW LOOP 410 STE. 350 SAN ANTONIO, TX, 78216 TEL:(210) 541 -9166 PROPERTY OWNER SAN ANTONIO ONE, LP CHARLES FORBES 277 N LOOP 1604 E STE. 150 SAN ANTONIO, TX, 78232 TELE(313) 961 -6451 13 Nice I PROJECT NO.: IN (**4 M Q� r) C) 0 U X N 0 z F- ct CLLO < M Lu = u Ln U Z 01 ll� N a L K c H I- LO moo- '. 10 JOE= mommom QUIKTRIP: NWC IH-35 & SCHWAB ROAD 14 15 di D Lu U) U) C (D 0 1 1 2 3 11. 5 z 7 I 9 19 11 12 m TYPE Z 050 In Z -1 PERCENT IMPERVIOUS 0', DRAINAGE & V, 77 77/- PROPOSED SANITARY SEWER I .... 4 O PROPOSED WATER MAIN WTR ST PROPOSED STORM SEWER o 'SANITARY SEWWER,° Ill 'l- "I PROPOSED 4'�`, '_ - Iv, < TELECOMMUNICATION Ile, �, Q 101' TELECOMMUNICATION V, v C) EXISTING GUARDRAIL 12' oc: j,311, EASEMENT '11�1 I'll I'll, "Il 11 1�11_ III, I l," 411 WQ094 FENCE EXISTING PUBLIC PROPOSED HOSE LAY <J Z Of < fL: Ld - --------- V, R:�l V11 V� I'll, SANITARY SEWER LINE I 0)c) C) cc 0 Ih 0 > LLI PROPOSED 5' V V11 IV- 8" PVC FL(NW) 708.37' '7 WIRE CATTLE FENCE z z z bi < < cf) V V1, 55' 90 Ij 130' RELOCATED LIGHT U) 99.,4' zr R25' o 04 -,R6 JO5, @ 35 < 0 CCOD LL 0 �l u') V) < V) L;j 0 2 30, V IR 'TO' Y JO' DRAINAGE & L 2= 1 10.5' i �77LI'TY EASEAdEN'T U) i,_ th �5"" A PROPOSED ION WEIGH STATION R25" CITY OF SCHER7Z Lij 3" 261, 17, Do (DOC, NO. 201006016611, CI,, z O:� 0 40 ACCESS I`,'�ki"­ A 89, 4" -AUTO D IESEL - -- ----- 35' RIGHT OF WAY DEDICATION < a uj EA SEMENT V7 V, cn PROP. FUEL,,CANOPY 0 Lu sr n cn ui U) "N IV- C\j cl) OF 5Cl-1E1N7Z UJ z o 0, , ­,l,''-", b YI, " ul i PM TER LINE LOCATION MAP SITE 11) N. T S. IMPERVIOUS COVER TYPE Z 050 In Z -1 PERCENT IMPERVIOUS 243,711 SF 62% 0� 0 PROPOSED SANITARY SEWER SS .... Lo O PROPOSED WATER MAIN WTR ST PROPOSED STORM SEWER o EXISTING OVERHEAD ELECTRIC 0 La 00 EXISTING UNDERGROUND < TELECOMMUNICATION COLUMNS AND BOLLARDS PROPOSED UNDERGROUND UGT TELECOMMUNICATION V, v C) EXISTING GUARDRAIL 12' oc: j,311, 12'1 12'1 OL _N UGE ---------------------- PROPOSED HOSE LAY <J Z Of < fL: Ld cl) I 0)c) C) cc 0 Ih 0 > LLI '7 Lll rn z z z bi < < cf) 55' 90 Ij 130' 9 0, 80' U) 99.,4' co 00 0 U) o 04 10 35 < 0 CCOD LL 0 �l u') < V) L;j 0 2 i LOCATION MAP SITE 11) N. T S. IMPERVIOUS COVER TYPE AMOUNT PERCENT IMPERVIOUS 243,711 SF 62% V, V, U)..cno o V, 0) Ir 0 z 0 Ld , , , '20' PROP. FUEL TA14KS ABA PARKING d 00 z ED AUTO DIESEL uj 14, 0 I= :� N bi -4 zo < 0 o o WITH VAN 0 (n ILI ACCESSIBLE STALL. RE� Ll-0521 5 R2-?," -20' UO`Z.11__Y' EASEMENT R °25' Z12 CL llu I al-I 0 C-7/7-Y OF SCHERTZ -<'l r - - - - - - - - - - - - - (/) I L z _D , u- �� -_ - - 0 - (DOC PVO� 200706 )47574, UGE Lo co41 R apRj C:iol @ cn ±300' 77 WT M,,ETER 0 O� 0 Uj HOSE LAY- RACK w �__ I z .4 ry L Ki PROP. RIBBON CURB ui Ri @ H • R25' R3 R3' 10 0 R5 P RELOCATED HYDRANT R 04 STORE NO.: 4032 V R5 e L0 V PROP. 8' ,MASONRY 6 7,318 &F. BLDG. HT.= 20'-0" C/3 v 04 0 V, TRASH ENCLOSURES.,, ---- O�STING WATER IVAIN� co V TIES ADA DINING TABLE T`121:_t7hll cl,"I"' A,` i�SOLID METAL GATES. 25' A RE: Al -0500 all V) V 12' , C) 12 12' 12' RELOCATED POLE WITH 2' p POLE MOUNTED TRANSFORMER W V, V. cl) -0 G 'V, 25' z f ',11 _ 10 0 R . 0 11, 11.1 EXISTING 1-: 35' V_ .. ....... HYDRANT R3' 1101 ASPHA 3' a '14 10 L J EXISTING R25"' OWNER: ADELHEID S. REEH, ET AL I'D PROPERTY IR I LINE Of 5 35, UJ LAND USE: UNDEVELOPED ZONING: GB, GENERAL BUSINESS R50 /3' V) IV, \ 11D�l 11- (D I PROPOSED le, ADA PARKING WITH VAN R50 ,R3' o k, 1 4 1 1 PROPERTY LINE SUBDIVISION: ADELHEID S. REEH, ET AL S.". `P "I "' "" ACCESSIBLE STALL. R�: Ll-052J,/ V11 11 RECORD DOCUMENT: 9806031223, O.R. a ol V __5 [.A SFA,4f,_,N` T- C/TY ol SCHERTZ V_ 0' P�F_W,�OP40,41FIELS qTILYI-It iol(Typ.) 5 5`1_ 1,36 PG, ,4-44 D.Rj �25' V V"'7 V 71.35' WA TEA' LINE 3 (V6 10.5 %4 L_ V) (VO,�� 5586 G, 85J, Dl?', V 165' EXISTING 12" PUBLIC OP 6EL CANO,,PY WATER LINE PR FUEL 201 ,­21 7, 5 SOUTHWESTERN 9EL Z TEL EPI-1 0,,A/-F "f_ A S EVEN 5' 0 o V, 4=S'S DFAIRL /VOL 7 PG� �N,3, D rr C,4 '4 (DOC. NCk 2007060,T6,312, S. V V11 1 11- z E PR 0 P. FUEL TANKS 0) klo, C0 V, 0.7 (o o-oA ((9 0) 7 PROP. RIBBON CURB R25' R215 'AIR SERVICE,,-,�/ a) 30' EXISRAP 'WA -El? A- to LAIN 3. - R15' ;iWCAV15iON WA RE: IFT:­C61 0 Cl/L VERT 1G', X _c! C-17)" OF S CHLR TZ - - - Bt.2�� - V, WA TFR LPO_ /* FL 700. (5,15' .5 -wtr- ---- -------------- POy CLILVEriT PROPOSED 12' FL 700, 96' 0 12" WATER LINE V CA S59'20'58"W 147.41' ohe I 01.24 �,q= 0 oh ohe qi i e 0 '1, ohq ohe - R ­----I&-- ­___ 0 ol R25' po 4 V) vll� U_ e ohe D 4x_ . . .... S5 RISER, owle 04 4ow-low I � 0, 141 77 O IRET 0 ____colAP E R72' HEADWALL w. 04 t4l SOLID NIH-1-TE 57PIRE 00 R25 cy) NBU -J 3F Q) LLJ T 286.67' Tf R L EA_ DASHED WHITE S77OPE 75' o tr WA 7EI? L/NE V) bb OF SCHER TZ C17 K r ASPHAL T 77 E STPIPE <- 'Inln�- 'Airl ?n -1 "Inrn I r-�,r f 'n 4,� p I�IN ID YELLOW 0i) Or NBU 141A h"ER R2,5' 167-b/ _EXISTING 12" PUBLIC'" `E __50/ 1: R If ASPHAL T YELLOW Sr C ----------- �171­ WATER LINE o SITE ANALYSIS TABLE S7RIPE s rfNPE ASPIIAL T I \ SURFA CC DRAIN qATCHED AREA QT 4032 ✓ SOLID WlqlTE G1 11,3 WHI rf� IE v TRIF StJRFACE nAS'HED WHITE )L /0 DRAZIV S1JRfACE' DPAIN INTERSTATE HIGHWAY NO. 35 0 S7P/PE EXISTING ZONING GB - GENERAL BUSINESS DTLLL� VARIABLE WIDTH R.O.W. SOLID_ CSJ NO. 16-5-39 PROPOSED USE CE STORE WITH GAS PUMPS CONVENIEN EP SbIRFA CE Z TXDOT ILI) FUTU 363,726 SQ FT 8.35 ACRES �2 DRAIN -- - ---- CITY OF SCHz_ FT RE LEFT LOT AREA WHITE TURN LANE 0) WA TER L N/F j'�_F A,"'h- ---- - --- FL 28" RCP=721� li- 7 ­1'1111 25 7 RIPF BUILDING AREA 7,318 SQ FT 0 STRIPE FUTURE TXDOT PROJECT oll HEIGHT B BUILDING 20'- 0) ------- TO MOVE ON RAMP FINISHED FLOOR ELEVATION 721.00 > SOLI YELL ±6000 LF WEST PAVEMENT AREA 197,927 SF EP CJ REQUIRED PROVIDED z TOTAL PARKING 30 62 cn ACCESSIBLE 3 0 TRUCK PARKING 13 z A PARKING REQUIRED FOR CONVENIENCE STORE/GAS SALES ARE 1 SPACE PER 250 S.F. GROSS FLOOR AREA. 0 13 1 14 1 15 SITE LEGEND PROPOSED PAVEMENT BOUNDARY LINE n CONCRETE CURB AND GUTTER C) 0� 0 PROPOSED SANITARY SEWER SS .... EXISTING WATER MAIN O PROPOSED WATER MAIN WTR ST PROPOSED STORM SEWER 'c", -' . ............................ EXISTING OVERHEAD ELECTRIC ,p? EXISTING UNDERGROUND DISPENSER WITH CANOPY TELECOMMUNICATION COLUMNS AND BOLLARDS PROPOSED UNDERGROUND UGT TELECOMMUNICATION EXISTING GUARDRAIL OHE PROPOSED OVERHEAD ELECTRIC PROPOSED UNDERGROUND ELECTRIC UGE ---------------------- PROPOSED HOSE LAY FIRE LANE (MIN 24' WIDE) 44 PROPOSED PAVEMENT M n C) 0� 0 PROPOSED SIDEWALK SAN ANTONIO, TX, 78216 x O PROPOSED LANDSCAPE N DIVISION: is PARKING SPACE INDICATOR MULTIPLE PRODUCT Lu = U DISPENSER WITH CANOPY DRAWN BY: AEM COLUMNS AND BOLLARDS 4705 SOUTH 129TH EAST AVE TRANSFORMER FUEL SYSTEM ACCESS MANWAY NOTES: 1. ACCORDING TO FLOOD INSURANCE RATE MAP PANEL 48091C0440F, DATED 9/2/2009, IS LOCATED IN ZONE X AND IS NOT WITHIN THE 100-YEAR FLOODPLAIN. 2. RPZ REQUIRED ON DOMESTIC SERVICE LINE. 3. ALL PROPOSED PAVEMENT WILL BE CONCRETE PROJECT CONTACT LIST: SURVEYOR OF RECORD MATKIN HOOVER KYLE PRESSLER 8 SPENCER RD, STE. 300 BOERNE, TX 78006 TEL:(830) 249-0600 ENGINEER OF RECORD KIMLEY HORN AARON PARENICA, P.E. 601 NW LOOP 410 STE. 350 SAN ANTONIO, TX, 78216 TEL:(210) 541 -9166 PROPERTY OWNER SAN ANTONIO ONE, LP CHARLES FORBES 277 N LOOP 1604 E STE. 150 SAN ANTONIO, TX, 78232 TELE:(313) 961 -6451 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 1 10 1 11 12 13 11 PROJECT NO.: r**4 M n C) 0� 0 SAN ANTONIO, TX, 78216 x O U N DIVISION: VERSION: 001 06 Ln Lu = U DESIGNED BY: AEM DRAWN BY: AEM REVIEWED BY: AKP 4705 SOUTH 129TH EAST AVE 01 9 11ti N a L K c H I Lo TULSA, OK 74134 TEL: (918) 615-7432 50 25 0 50 100 QUIKTRIP: NWC IH-35 & SCHWAB ROAD 14 15 z 0 Lo Lu 0 Lu Lu ce SHEET TITLE: INITIAL SITE PLAN E Lu D Lu D U) U) C (D O G, QT REAL ESTATE PROJECT MANAGER COPYRIGHT QUIKTRIP CORPORATION 2011 ANY UNAUTHORIZED USE, REPRODUCTION, PUBLICATION, DISTRIBUTION, OR SALE IN WHOLE OR IN PART, IS STRICTLY FORBIDDEN. QUIKTRIP CORPORATION JD DUDLEY 742 NW LOOP 410 STE. 102 SAN ANTONIO, TX, 78216 PROTOTYPE: TEL:(469) 766-8331 F DIVISION: VERSION: 001 QT CIVIL PROJECT MANAGER QUIKTRIP CORPORATION TIM KELLY, P.E. DESIGNED BY: AEM DRAWN BY: AEM REVIEWED BY: AKP 4705 SOUTH 129TH EAST AVE TULSA, OK 74134 TEL: (918) 615-7432 50 25 0 50 100 QUIKTRIP: NWC IH-35 & SCHWAB ROAD 14 15 z 0 Lo Lu 0 Lu Lu ce SHEET TITLE: INITIAL SITE PLAN E Lu D Lu D U) U) C (D O G, i Q P N M L n m 0 N w O H J CL CL Lo O _ M O2 O N o G 0 w Q (n U N O L U L w n w Q E Z m H 3 - v U CL. cn D N ro 0 r1- N DO _ CL O In / 0 Q 0 N M O F- 0 M 0) 0 B rn co O I Q z In z 0 A a U 0 J w J 1 2 3 2 E A 7 D 10 ( 11 ( 12 ( 13 ( 14 ( 15 PROJECT NO.: N r Q C) � m O Z _ V H W 06 Ln M = (U L U z cy LIGHT QUIKTRIP CORPORATION 2011 JTHORIZED USE, REPRODUCTION, 'ION, DISTRIBUTION, OR SALE IN ,R IN PART, IS STRICTLY FORBIDDEN. Q P N M L K J H G 1 1 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 ( 9 ( 10 1 11 1 12 1 13 1 14 1 15 X11 ■11■ - 1 1 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 ( 9 ( 10 1 11 1 12 1 13 1 14 1 15 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 ( 9 ( 10 ( 11 ( 12 ( 13 ( 14 ( 15 Q P N M L 0 0 0 N 0) 0 W o H m m CL. o — rri rn 0 N \ Ln G 0 W Q N m L N O i F U 0 W (n V_ W Q E Z m H 3 - v 0 cn CL D N ro 0 r1- N 00 _ CL O cn H O / C Q 0 N M O H O M 0) 0 B rn co 0 I Q z cn z o A a 0 O 1 W J Ll_ _ UTILITY LEGEND (NEW) WTR WATER LINE SS SANITARY SEWER LINE UGET — UNDERGROUND ELECTRIC LINE UGT 40' ACCESS TT EASEMENT W. XXX MAJOR CONTOUR XXX MINOR CONTOUR N W UTILITY LEGEND (NEW) WTR WATER LINE SS SANITARY SEWER LINE UGET — UNDERGROUND ELECTRIC LINE UGT UNDERGROUND TELEPHONE LINE TT STORM PIPE ( <_ 10 ") STORM PIPE (? 12 ") XXX MAJOR CONTOUR XXX MINOR CONTOUR N W CONCRETE CURB AND GUTTER 06 Ln M LIGHT POLE - 6' MIN. CLEAR FROM F/C go (TRAVEL CENTER PARKING - 15' MIN. CLEAR) UTILITY GENERAL NOTES UTILITY INSTALLATION CONSIDERATIONS PRIOR TO THE CONSTRUCTION OF, OR CONNECTION TO ANY STORM DRAIN, SANITARY SEWER, OR ANY OTHER ELEVATION SENSITIVE UTILITY, THE CONTRACTOR SHALL EXCAVATE, VERIFY AND CALCULATE ALL POINTS OF CONNECTIONS AND ALL UTILITY CROSSINGS. THE CONTRACTOR SHALL INFORM THE ENGINEER AND THE OWNER OF ANY CONFLICT OR REQUIRED DEVIATIONS FROM THE PLAN. THE ENGINEER AND OWNER WILL BE HELD HARMLESS IN THE EVENT THE ENGINEER AND OWNER ARE NOT NOTIFIED OF A DESIGN CONFLICT. AS POSSIBLE, ALL PROPOSED UTILITIES SHALL BE ROUTED THROUGH PERVIOUS AREAS - SPECIFICALLY AVOIDING ON -SITE PAVED AREAS DESIGNATED FOR PARKING, ACCESS, AND VEHICULAR TRAFFIC FLOW. REFER TO THIS SHEET FOR LOCATION, AND SHEETS C530 THRU C531 FOR TRENCHING, BACKFILL, AND PLACEMENT DETAILS. L—' —la I - I 1 - I i e t I - I N 11 11 N /7 1,vvv — I I `^ a•7 1 — > "_!d�°i' ' ILUD 2 .ik.,, ZL/ U,11..!J P L'-i ALfC CIVI 1.2" METER TO o ! 4 INSTALLED PER CITY STANDARDS BE EXII'l-ING 111A IT-P i'llA1,11) ADAZHM & REEN, ET AL ql* IF v I ;' AN) ALWOMI"T AP J 50 25 0 50 100 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 1 10 1 11 1 12 1 13 1 14 1 15 PROJECT NO.: N f M 1 Q C) 0 m 0 Z = V N W 06 Ln M = (U L V Z ICY © COPYRIGHT QUIKTRIP CORPORATION 2011 ANY UNAUTHORIZED USE, REPRODUCTION, PUBLICATION, DISTRIBUTION, OR SALE IN WHOLE OR IN PART, IS STRICTLY FORBIDDEN. Q P N M L K G X11 ■11■ - SHEET TITLE: PRELIMINARY UTILITY PLAN SHEET NUMBER: 1 1 1 2 1 3 1 4 5 1 6 1 7 8 1 9 1 10 1 11 1 12 1 13 1 14 1 15 1 Q P N M � L w 00 LP cD rn — 0 N \ rn K O J CL 0 N \ rn 0 w — Q cn a� E H v C co w — Cn a� a 0 0 G v C 0 J w Q Z - m rn v F LU w Q U co in z g — 0_ In N no E N 00 / co / 3 0 / D N M O �I c� I �2 _ rn d- O M a7 t0 O / C O O C C Q C O - (n I L O a a In B 0 J / CL J g I O / Z O A a U O J W J - Wtr A 0 i L? q I Landscape Schedule REQUIRED ORDINANCE PROVIDED COMMON NAME MINIMUM SIZE/ AREA O USE SYMBOL } LANDSCAPED QUANTITIES COMMENTS (345,700 SF TOTAL AREA x .20 = 69,140 SF 133,971 SF, 39% Botanical Name HEIGHT /SPREAD o J (n < W = U DWARF YAUPON 5 GAL (1 GAL MIN) 287 EA. SEE LANDSCAPE PLAN AND CD <n 79,370 SF, 115% flex vomitorio nano LANDSCAPE IN FRONT YARD) ASSOCIATED DETAILS FOR THERE SHALL BE A RATIO OF 9 TREES PER ACRE LANDSCAPE BED LOCATIONS CY (8 ACRES x 9 = 72 TREES) 94 TREES �n z N = G) DON'S DWARF WAX MYRTLE 5 GAL AND SHRUB SPACING °w N/A Myrica cerifera 'Don's Dwarf" (1 GAL MIN) 339 EA. Cy SHRUBS PER 50 LF OF LANDSCAPE BUFFER Of Q Z INTERIOR LANDSCAPING MINIMUM OF 10% OF GROSS PARKING AREA SHALL BE LANDSCAPED LIVE OAK 3" CALIPER SEE LANDSCAPE PLAN AND w MINIMUM OF 1 SHADE TREE PLANTED FOR EACH 36 EA. ASSOCIATED DETAILS FOR Q N ' w V) Quercus vir iniano 9 12' HT w TREE PLACEMENT, AND o PLANTING SPECIFICATIONS PLANTER ISLANDS SHALL CONTAIN A COMBINATION PROVIDED LU OF TREES, SHRUBS, LAWN, AND GROUNDCOVER O PERIMETER LANDSCAPING c� ALL PARKING LOTS AND VEHICULAR USE AREAS TEXAS ASH 3" CALIPER 34 EA. AND PUBLIC RIGHT -OF -WAYS WITH A WALL, FENCE, EAST: WAX MYRTLE SHRUB Fraxinus texansis 12' HT SOUTH: WAX MYRTLE SHRUB CONTRACTOR TO VERIFY TREE TYPE, LOCATION, ESTABLISHED IN A MINIMUM 5' WIDE PLANTING WEST: FENCE STRIP. PLANTS SHALL BE AT LEAST 30" HIGH AT U) THE TIME OF PLANTING AND GROW TO A MINIMUM HEIGHT OF 3' IN ONE YEAR. SIZE, HEIGHT, AND SPREAD J w F- 1 SHADE TREE FOR EVERY 50 LF OF PERIMETER TEXAS REDBUD 3" CALIPER 24 EA. WITH QT REPRESENTATIVE (2,355 LF TOTAL PERIMETER AREA /50 LF = 47 Cercis canadensis "texensis" 6' HT TREES) TO INSTALLATION 1 TREE PER 20 LF OF STREET FRONTAGE ALONG PRINCIPLE ARTERIAL STREETS (US INTERSTATE 35: 300 LF / 20 = 15 TREES TIFWAY 419 BERMUDA SOD 103,140 SF 27 TREES w cn w MUST BE SELECTED FROM APPROVED TREE LIST PROVIDED PER LIST J � W W 'K MINIMUM CALIPER SIZE OF 2.5" AT TIME OF PROVIDED bi z m PLANTING BERMUDA SEED W W owl 0 S. F. LANDSCAPE REQUIREMENTS REQUIRED ORDINANCE PROVIDED TOTAL SITE AREA O MINIMUM 20% OF TOTAL LAND AREA SHALL BE DRAWN BY: } LANDSCAPED O (345,700 SF TOTAL AREA x .20 = 69,140 SF 133,971 SF, 39% a LANDSCAPE AREA) o MINIMUM 40% OF REQUIRED LANDSCAPE IS W = U L LOCATED IN FRONT YARD O (69,140 SF TOTAL LANDSCAPE x .40 = 27,656 SF 79,370 SF, 115% w LANDSCAPE IN FRONT YARD) Z THERE SHALL BE A RATIO OF 9 TREES PER ACRE CY (8 ACRES x 9 = 72 TREES) 94 TREES �n z A NONRESIDENTIAL USE ADJACENT TO A W RESIDENTIAL USE SHALL PROVIDE A 20' L� Uj LANDSCAPE BUFFER WITH A MINIMUM OF 1 SHADE N/A m TREE PER 30 LF OF LANDSCAPE BUFFER AND 10 Cy SHRUBS PER 50 LF OF LANDSCAPE BUFFER Of Q Z INTERIOR LANDSCAPING MINIMUM OF 10% OF GROSS PARKING AREA SHALL BE LANDSCAPED (184,562 SF TOTAL PARKING x .10 = 18,456 SF 56,916 SF, 30.8% LANDSCAPE AREA) MINIMUM OF 1 SHADE TREE PLANTED FOR EACH 400 SF OF REQUIRED INTERIOR LANDSCAPE V) (18,456 REQUIRED LANDSCAPE / 400 SF = 46 46 TREES w TREES) PLANTER ISLANDS SHALL CONTAIN A COMBINATION PROVIDED LU OF TREES, SHRUBS, LAWN, AND GROUNDCOVER O PERIMETER LANDSCAPING c� ALL PARKING LOTS AND VEHICULAR USE AREAS z SHALL BE SCREENED FROM ABUTTING PROPERTIES NORTH: FENCE AND PUBLIC RIGHT -OF -WAYS WITH A WALL, FENCE, EAST: WAX MYRTLE SHRUB HEDGE, OR BERM. ANY LIVING BARRIER SHALL BE SOUTH: WAX MYRTLE SHRUB ESTABLISHED IN A MINIMUM 5' WIDE PLANTING WEST: FENCE STRIP. PLANTS SHALL BE AT LEAST 30" HIGH AT THE TIME OF PLANTING AND GROW TO A MINIMUM HEIGHT OF 3' IN ONE YEAR. LU 0 1 SHADE TREE FOR EVERY 50 LF OF PERIMETER LANDSCAPE (2,355 LF TOTAL PERIMETER AREA /50 LF = 47 48 TREES i--i TREES) 1 TREE PER 20 LF OF STREET FRONTAGE ALONG PRINCIPLE ARTERIAL STREETS (US INTERSTATE 35: 300 LF / 20 = 15 TREES 15 TREES SCHWAB ROAD: 546 LF / 20 = 27 TREES 27 TREES w cn w MUST BE SELECTED FROM APPROVED TREE LIST PROVIDED PER LIST J � W W 'K MINIMUM CALIPER SIZE OF 2.5" AT TIME OF PROVIDED bi z m PLANTING W W owl NOTE: ALL REQUIRED LANDSCAPE AREAS SHALL BE MAINTAINED WITH AN AUTOMATIC UNDERGROUND IRRIGATION SYSTEM ohe oh e mm (1101b!CRE 1E HEADWALL 50 25 0 50 100 1 1 1 2 ( 3 ( 4 ( 5 1 6 ( 7 ( 8 ( 9 ( 10 1 11 1 12 1 13 1 14 1 15 PROJECT NO.: III N DIVISION: VERSION: 001 O DRAWN BY: REVIEWED BY: O U U0� H z ^^ p-6 LO W = U L H U � z CY © COPYRIGHT QUIKTRIP CORPORATION 2011 ANY UNAUTHORIZED USE, REPRODUCTION, PUBLICATION, DISTRIBUTION, OR SALE IN WHOLE OR IN PART, IS STRICTLY FORBIDDEN. PROTOTYPE: DIVISION: VERSION: 001 DESIGNED BY: DRAWN BY: REVIEWED BY: W Q Z Q O H LU a � U Ln LU 0 i--i � W z 0 H ce w p Q P N lEl L K G E D C Front Sides Rear 2068 SF 267 SF 1025 SF 172 SF 604 SF — 30% North - 2068sf TOTAL MASONRY EXCLUDING DOORS/WINDOWS 1464 SF 1292 SF = 88% East - 1039sf 1039 SF 158 SF 526 SF 43 SF 312 SF = 30% West - 727sf TOTAL MASONRY EXCLUDING MOORS /WINDOWS East - 727sf 727 SF 684 SF = 94% 1916 SF 231 SF 953 SF 121 SF 611 SF — 30% Total square footage of each TOTAL MASONRY EXCLUDING DOORS /WINDOWS Stone -814sf 1305 SF 1 1090 SF = 91% List and provide the square footage Building Design Category Commercial Total Building Fagade Area 6062sf Elevation Fapade area North - 2068sf West - 1039sf South - 1916sf East - 1039sf Elevation F a 9 a d e area excluding windows and glass doors North - 1464sf West - 727sf South - 1305sf East - 727sf Area of windows and glass doors North- 604sf West - 312sf South - 611 sf East- 312sf Total square footage of each building material Stone -814sf Brick- 3030sf List and provide the square footage of each material used on the specific elevation See each elevation chart 13' 11" East Elevation South Elevation 9' -6° 3' -0° 9' -6° _,3_0 9'_3-__- 32'-0 North Elevation 32' �•• QuNriStore p® # 4032 6 Bay Diesel Canopy Address: NWC Schwab & 1 -35 City, State: Schertz, TX 4. of 4705 South 72911 East Ave. Tulsa, ON 74134 Serial # Scale: Issue Date: Drawn By: Rev NateS: COPYRIGHT © 2011 QUIKTRIP CORPORATION DESIGN PATENTS -7008 P 0. 74101 -Box 3475 Tulsa, 3475 OK g 2 — 40 3 2 — D V 0 6 1 / 1 6" —1 ' — 0 " 0 2.2 7.19 J K QUIKTRIP PLANS ARE THE EXCLUSIVE PROPERTY OF QUIKTRIP CORPORATION, TULSA, OKLAHOMA. THESE PLANS ARE PROTECTED IN THEIR ENTIRETY BY DOMESTIC AND INTERNATIONAL COPYRIGHT AND PATENT STATUTES. ANY UNAUTHORIZED USE, REPRODUCTION, (918) 615 -7700 PUBLICATION, DISTRIBUTION OR SALE IN WHOLE OR IN PART, IS STRICTLY FORBIDDEN. FINISH I MANUFACTURER I SPECIFICATION 1260 SCHWAB RD (373966) •.`4 SCHWAB RD IH 35 N o (372693) (75463) ('I 5" IH 35 N SCHWAB RD- (75457) (361876) , 0 1 . .. .. .... w g ON" N S SSCHIERTZ August 30, 2019 Dear Property Owner, t COMMUNITY p SERVICE 4` OPPORTUNITY NOTICE OF PUBLIC HEARING PLANNING & COMMUNITY DEVELOPMENT The Schertz Planning and Zoning Commission will conduct a public hearing on Wednesday, September 11, 2019 at 6:00 p.m. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz; Texas to consider and make recommendation on the following item: SUP2019.003 — A request for a Specific Use Permit to allow a convenience store with gas pumps on approximately 8.5 acres of land, more specifically described as the northwest corner of the intersection between IH -35 and Schwab Road, City of Schertz, Comal County, Texas. The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. This form is used to calculate the percentage of landowners that support and oppose the request. You may return the reply form below prior to the first public hearing date by mail or personal delivery to Nick Koplyay, Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619 -1789, or by e -mail nko a schertz:com. If you have any questions please feel free to call Nick Koplyay, Planner directly at (210) 619 -1782. Sincerely, Nick Kopl ay Planner Reply Form �. �W 1400 Schertz Parkway Schertz, Texas 78154 - 210.619.1000 ir 11 11 a 11 11 1 PA, r, 1eyF I ,t'rr2, yra:.'.. i,,..61 rom i NotlbiPiblic Hearin Res g poise Quikhip FI upSt,mryTh ly5 nnbn12 2111z p brTb .... 1,1, September 12,2014 You iepliHlNNicm�rxgeon 4/12120199N8AM. NtiWrt';t z5,No robI,Ho,rg- i{ukid(,pd( Dear ML Koplyay, I am the General Partnerof the 8 5 acre property that QuikTrip is purchasing. I have done my research and am very pleased and proud to have them on our property. QuikTrip comes highly recommended by Forbes. Magazine as one of the most progressive companies in theiriield. They have over750 convenience /gas . station stares in 11 states, with a big focus on Texas_ Their executive representatives are committed to building a fiat class facility _ QuikRip has agresd to spend over $300,900 to widen Schwab Road and accommodate future neighboring buyers in providing utility lines that with convenient utility connections. I am 100% on beard with QuikTrip and recommend approval. We are fortunate to get them. I have attached my reply form to this correspondence. Charles A. Forbes, General Partner San Antonio One Limited Partnership ei 10um City Council October 22, 2019 Meeting: Department: Planning & Community Development Agenda No. 12. Subject: Resolution No. 19-R 142 - Consideration and /or action approving a Resolution authorizing the revised By -Laws of the Planning and Zoning Commission, and other matters in connection therewith. (B. James / L. Wood / E. Delgado) In relation to Resolution 19 -R -113 which amended the Planning and Zoning Commission bylaws, adopted by the City Council on September 3, 2019, the Planning and Zoning Commission had a lengthy discussion at the September 11, 2019 meeting. This discussion included concerns with the new state law application processing timelines in which if the Planning and Zoning Commission does not act upon an application within 30 days the application could be deemed complete, regardless of its adherence to the City of Schertz regulations. The Planning and Zoning Commissioners expressed concern on this timeline in situations where a quorum is not present. In these scenarios, the Commission could not act upon items and could lead to involuntary approval of applications. In order to reduce the likely hood of a Planning and Zoning Commission meeting being scheduled and a quorum not being present the Commission and staff are recommending the addition of one (1) additional alternate. Currently, the Planning and Zoning Commission is comprised of seven (7) members and one (1) additional member who serves as an alternate. With the proposed addition to have two (2) alternates appointed to the Planning and Zoning Commission the risk of not having a quorum and the ability to have a meeting and take action is reduced. There are no other proposed bylaw changes within this proposed resolution. GOAL To approve the proposed amendments to the Planning and Zoning Commission bylaws. COMMUNITY BENEFIT The proposed amendment to the Planning and Zoning Commission bylaws help to ensure that appropriate action is able to be taken by the Planning and Zoning Commission. SUMMARY OF RECOMMENDED ACTION To approve the proposed amendments to the Planning and Zoning Commission bylaws. FISCAL IMPACT None. At the September 11, 2019 Planning and Zoning Commission meeting there was a lengthy discussion between the Commissioners and staff in relation to additional changes to be made to the bylaws in conjunction with the previously approved Resolution No. 19 -R -113. Based on that discussion the Commissioners directed staff to present an amendment that would include the addition on an alternate which would ultimately allow for two (2) alternates for the Commission. At the September 25, 2019 Planning and Zoning Commission meeting staff presented the proposed change as desired. The Commission made a unanimous recommendation of approval to the City Council. Staff recommends approval of Resolution 19 -R -142 as presented. Attachments Resolution 19 -R -142 Resolution 19 -R -142 Exhibit A RESOLUTION NO. 19 -R -142 A RESOLUTION OF THE CITY COUNCIL OF SCHERTZ, TEXAS AUTHORIZING THE REVISED BY -LAWS OF THE PLANNING AND ZONING COMMISSION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Planning and Zoning Commission of the City of Schertz (the "City ") has recommended that the City approve the revised By -Laws, herein as "Exhibit A ", of the Planning and Zoning Commission; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the revised By -Laws of the Planning and Zoning Commission BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the revised By -Laws of the Planning and Zoning Commission. 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 22nd day of October 2019. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor City Secretary, Brenda Dennis (CITY SEAL) EXHIBIT A (Planning and Zoning Commission Bylaws) Draft Planning and Zoning Commission Bylaws Section 1— Purpose The Planning and Zoning Commission shall: A. Review and approve or make recommendations on applications as set forth in the City of Schertz Unified Development Code. B. Make recommendations regarding the implementation of the City's Comprehensive Plan. Section 2 — Membership and Officers A. The Planning and Zoning Commission shall be composed of seven (7) members and o two O additional members who shall serve as r+ -- alternates. The alternates will not be seated unless one of the regular members is not in attendance at the start of the meeting. If seated, an alternate shall serve in place of the regular member even if the regular member arrives late. Four (4) members shall make a quorum. B. Commissioners shall reside within the corporate limits of the City. C. Commissioners shall serve two (2) year staggered terms with the terms of 3 Commissioners and the alternate expiring in odd numbered years and 4 Commissioners expiring in even numbered years. D. Terms shall expire on May 31. E. The Commission shall hold elections for a chair who shall serve as the presiding officer and vice chair at the first meeting in August of each year. Special elections shall be held as needed if the chair or vice chair's membership ends during their term. Section 3 — Meetings A. Meetings shall generally be held on the second and fourth Tuesdays of the month. Meetings will be cancelled if there are no items to be considered. The meeting schedule may be adjusted to account for holidays. B. Special meetings may be called as needed. C. The Commission may establish committees as needed. D. Meetings shall comply with the Texas Government Code Chapter 551 (Texas Open Meetings Act). E. Each meeting shall provide for citizens to be heard generally as per City Council meetings. CITIZENS' RIGHTS 1 Addressing the Commission. Any person desiring to address the Commission by oral communication shall first secure the permission of the presiding officer. Manner of Addressing the Commission — Time Limit. Each person addressing the Commission shall speak at the podium into the microphone (or at another designated location), shall give his /her name and address in an audible tone of voice for the record, and, unless further time is granted by the Commission, shall, subject to Section E4 below, limit his /her remarks to three (3) minutes or less. All remarks shall be addressed to the Commission as a body, and not to any individual member thereof. No person, other than members of the Commission or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Commission, unless requested or approved by the presiding officer. No questions shall be asked of the Commission members, except through the presiding officer. Responses to questions may be limited as required by State law. Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Commission or otherwise while in attendance at a Commission meeting, may be requested to leave the meeting, if after receiving a warning from the presiding officer a person persists in disturbing the meeting, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Commission with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section E2 above) interested persons may speak, subject to the Commission members' right to appeal the presiding officer's ruling pursuant to Section F6. Subject to modification by the presiding officer, and subject to the Commission members' right of appeal pursuant to Section F6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Commission by any interested person(s); (iii) discussion by the presiding officer and Commission members, including requests for information from City staff or any person(s) who addressed the Commission; and (iv) action by the Commission, if any is posted on the agenda relating to the hearing. Written Communications. Interested persons, or their authorized representatives, may address the Commission by written communication in regard to any matter concerning the City's business or over which the Commission has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Commission members. Hearing of Residents. There shall be included on the agenda of each Planning and Zoning Commission meeting an item labeled "Hearing of Residents ". After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Commission on items on or not on the agenda at that time, providing they have completed the "Hearing of Residents" form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Commission prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for "Hearing of Residents" must speak during the "Hearing of Residents" portion of the meeting. Commission members and members of City staff may not discuss unposted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section E2, unless otherwise authorized by the presiding officer. F. Motions and Meeting Procedures are as follows: Motions. A Commission member, after he /she obtains the floor, or the presiding officer may make a motion on the particular subject of discussion or a procedural point as permitted. A "Second" to the motion, if required, must be made by a Commission member who did not make the motion within a reasonable but brief time period. The presiding officer may not "Second" a motion. A motion or a "Second" merely implies that the maker of the motion and the person who "Seconds" agree that the motion should come before the meeting and not that he /she necessarily favors the motion. Without a "Second ", if required, the motion dies. If a motion is made to conditionally approve, deny, recommend conditional approval or recommend denial of an agenda item, the Commission member must also state the reasons for conditional approval, denial, recommend conditional approval or recommend denial, and provide a citation to the regulation, ordinance, and / or law as required by the Unified Development Code. 2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions (1 type) *. When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Sections 9.3 tlrro!,rgb 9.111 are included by permission of Donald A. Tortorice, The Modern Pules of Order ABA Publishing, 7`1r Edition, Motion May Interrupt Speaker Second Required Debatable Amendable Resolved by Chair No Vote Affirmative Vote by 4 members 2/3 Vote Meeting Conduct Motions point of privilege yes no no no yes no no point of procedure or order yes no no no yes no no to appeal a ruling no yes yes no no yes no to recess no yes yes yes no yes no Disposition Motions to withdraw yes no no no yes no no to postpone no yes yes yes no yes no to refer no yes yes yes no yes no to amend no yes yes yes no yes no to limit or close debate or "call the question" no yes yes yes no no yes to extend debate no yes yes yes no yes no to count the vote no yes no no no ** no no Main Motions to reconsider yes yes if original motion was debatable no no yes no to rescind no yes yes yes no no yes to take action no yes yes yes no Yes * ** no * Mandatory if seconded; no vote required ** Unless not allowed 4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Commission member to the presiding officer, drawing urgent attention to a need for personal accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Commission member(s). In essence, it is a call to the presiding officer for the purpose of assuring a Commission member's convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. 6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer's ruling can be appealed to a vote of the Commission. Whenever a Commission member questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of four (4) Commission members is required. 7 To Recess. A motion to recess requests a brief interruption of the meeting's business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of four (4) Commission members is required. 8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his /her proposal. This is the maker's privilege; thus, it does not require a second. Because the withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Commission member later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand —or a new Issue. 9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Commission to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of four (4) Commission members is required. 10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section F14). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of -four (4) Commission members is required. 11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a second, and it is debatable and amendable. An affirmative vote of four (4) Commission members is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 12 To Limit or Close Debate or "Call the Question". Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer's determination. A motion to close debate is the same as a motion to "call the question ". Because this motion affects the most fundamental right of any Commission member, the right to speak one's views, it is the only procedural motion that requires an affirmative vote of two - thirds of participants voting. 13 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It represents the right of a Commission member to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result —and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 14 Motion to Reconsider. Allows a main motion to be brought back before the Commission for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of the Commission. Any Commission member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the Commission, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the presiding officer does not state the question on the reconsideration until the immediately pending business is completed. 15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the Commission and must be made at the same meeting at which the subject matter of the motion was considered, and it requires a two - thirds vote of the commission members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the Commission cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 16 To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Commission. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Commission are determined. A main motion can be made only when a prior main motion has been disposed o£ It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of four (4) Commission members is required unless a greater vote is prescribed by the Charter or State law. 17 Effect of Abstentions; action on required Abstentions; Effect of non - required Abstentions. The following rules shall apply when a Commission Member abstains from voting on an item: a. When the Commission Member is Legally Obligated to Abstain from Voting. When a Commission Member is legally obligated to abstain from voting pursuant to Texas Local Government Code Chapter 171, a local ordinance or the City Charter then the Commission Member shall leave the dais and exit City Council Chambers until such time as the debate and vote on the item has been concluded. Staff shall record that the Commission Member left the room and abstained from the vote in the official minutes and there shall be no other effect. b. When the Commission Member Has No Legal Obligation to Abstain from Voting. When a Commission Member has no legal obligation to abstain from voting, the Commission Member is prohibited from casting a cote of abstention and must cast an "aye or yes" or "nay or no" vote. Agenda No. 13. ei IRIUM City Council October 22, 2019 Meeting: Department: City Secretary Subject: Cancellation of the November 26, 2019, Council Meeting - Consideration and /or action cancelling the November 26, 2019, City Council meeting due to Thanksgiving. (M. Browne /B. Dennis) As has been past practice, City Council has cancelled the Tuesday before Thanksgiving City Council meeting. Staff recommends Council approve the cancellation of the November 26, 2019, City Council meeting. ei 10um City Council October 22, 2019 Meeting: Department: City Secretary Agenda No. 14. Subject: Ordinance No. 19-M-28 - Consideration and /or action approving an Ordinance amending the City Council Rules of Conduct and Procedure; repealing all ordinances or parts of ordinances in conflict with the ordinance. (Mayor /Council /B. Dennis) First and Final reading declaring an emergency. BACKGROUND To clarify, update and amend the Council's Rules of Conduct and Procedures related to the above changes. At the City Council meeting of September 3, 2019, Mayor Carpenter suggested members of Council look at the City Council Rules of Conduct and Procedure as it relates to the effects of House Bill 2840 and clarified we do not need to change our current practice as long as we have our hearing of residents occur before any action item. He also discussed House Bill 2840 subsection e — a governmental body may not prohibit public criticism of the governmental body including criticism of any act, omission, policy, procedure, program or service. The subsection does not apply to public criticism that is otherwise prohibited by law. Mayor Carpenter requested our Legal Council review the City Council Rules of Conduct and Procedure and make sure the language we have now saying that everything has to be directed to the body is still . okay or if we need to amend that language. Councilmember Edwards stated at that time because of decorum, if someone is attacking a Councilmember, we should at least be able to give a rebuttal. He also requested legal look into this as well. Mr. Santee has reviewed and has indicated the following changes be made to Article 12 — Citizens' Rights: ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council - Time Limit. Each person addressing the Council shall speak at the podium into the microphone (or at another designated location), shall give his /her name and address in an audible tone of voice for the record, and, unless further time is granted by the Council, shall, subject to Section 12.4 below, limit his /her remarks to three (3) minutes or less A person who addresses the Council through a translator will limit his/her remarks to six (6) minutes or less. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 10 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. This is not intended to prohibit public criticism of the Council, including criticism of any act, omission,, 12.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 12.2 above) interested persons may speak, subject to the Councilmembers' right to appeal the presiding officer's ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. 12.6 Hearing of Residents. There shall be included on the agenda of each City Council meeting, prior to any items listed on the agency for action to be taken, an item labeled "Hearing of Residents ". After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Council on items on or not on the agenda at that time, providing they have completed the "Hearing of Residents" form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Council prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for "Hearing of Residents" must speak during the "Hearing of Residents" portion of the meeting. Councilmembers and members of City staff may not discuss unpasted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section 12.2, unless otherwise authorized by the presiding officer. City Council needs to approve this Ordinance on first and final reading declaring an emergency since HB 2840 was effective September 1, 2019. GOAL To clarify, update and amend the Council's Rules of Conduct and Procedures related to the above changes. COMMUNITY BENEFIT To clearly establish procedures for council related to the changes in HB 2840. SUMMARY OF RECOMMENDED ACTION Approval of first and final reading of Ordinance 19 -M -28 and declaring an emergency. FISCAL IMPACT None 1 "BLOCUL/ i►I 1140 Mr 9 [17041 Approval of Ordinance 19 -M -28 first and final reading and declaring an emergency. Attachments ■ C IT►�Y[17 Article 12 Ordinance Code 11 5660-10KHOWWOMMI 2 relating to the right of a member of the public to address the 3 governing body of a political subdivision at an open meeting of the 4 body. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 6 SECTION 1. Subchapter A, Chapter 551, Government Code, is 7 amended by adding Section 551.007 to read as follows: 8 Sec. 551.007. PUBLIC TESTIMONY. (a) This section applies 9 only to a governmental body described by Sections 10 551.001(3)(B)-(L). 11 (b) A governmental body shall allow each member of the 18 section, including rules that limit 12 public who desires to address the body regarding an item on an body on a only if a given item. governmental body does 21 13 agenda for an open meeting of the body to address the body regarding 14 the item at the meeting before or during the body's consideration of 15 the item. 16 (c) A governmental body may adopt reasonable rules 17 regarding the public's right to address the body under this 18 section, including rules that limit the total amount of time that a 19 20 member of the public may address the (d) This subsection applies body on a only if a given item. governmental body does 21 not use simultaneous translation equipment in a manner that allows 22 the body to hear the translated public testimonv simultaneously. A 23 rule adopted under Subsection (c) that limits the amount of time 24 that a member of the public may address the governmental body must 1 1i • i I 1 provide that a member of the public who addresses the body through a 2 translator must be given at least twice the amount of time as a 3 member of the public who does not require the assistance of a 4 translator in order to ensure that non-English speakers receive the 5 same opportunity to address the body. 6 (e) A governmental body may not prohibit public criticism of 7 the governmental body, including criticism of anv act, omission 8 policy, procedure, program, or service. This subsection does not 9 apply to public criticism that is otherwise prohibited by law. 10 SECTION 2. This Act takes effect September 1, 2019. 2 1i • i I President of the Senate Speaker of the House I certify that H.B. No. 2840 was passed by the House on May 3, 2019, by the following vote: Yeas 138, Nays 3, 1 present, not •M Chief Clerk of the House I certify that H.B. No. 2840 was passed by the Senate on May 22, 2019, by the following vote: Yeas 31, Nays 0. Date Governor 3 Secretary of the Senate ARTICLE 1.2. CITIZENS' RIGHTS 12.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council shall speak at the podium into the microphone (or at another designated location), shall give his /her name and address in an audible tone of voice for the record, and, unless further time is granted by the Council, shall, subject to Section 12.4 below, limit his /her remarks to three (3) minutes or less. A person who addresses the Council through `a translator will limit his /her remarks to six (6) minutes or less. All remarks shall be addressed to the Council as abody, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 10 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. This is not law. 12.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 12.2 above) interested persons may speak, subject to the Councilmembers' right to appeal the presiding officer's ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. 12.6 Hearing of Residents. There shall be included on the agenda of each City Council meeting, prior to any items listed on the agenda for action to be taken, an item labeled "Hearing of Residents ". After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Council on items on or not on the agenda at that time, providing they have completed the "Hearing of Residents" form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Council prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for "Hearing of Residents" must speak during the "Hearing of Residents" portion of the meeting. Councilmembers and members of City staff may not discuss unpasted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section 12.2, unless otherwise authorized by the presiding officer. ORDINANCE NO. 19 -M -28 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AND AMENDING CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY WHEREAS, the City Council of the City of Schertz has previously adopted Rules of Conduct and Procedure for the conduct of meetings of the City Council 18 -M -30; and WHEREAS, the City Council discussed the following changes at their meeting of October 22, 2019; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend, update, and clarify the Rules of Conduct and Procedure as they relate to HB 2840 which became effective September 1, 2019. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the City Council Rules of Conduct and Procedure are amended as follows: Article 12 Citizens' Rights 12.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council shall speak at the podium into the microphone (or at another designated location), shall give his /her name and address in an audible tone of voice for the record, and, unless further time is granted by the Council, shall, subject to Section 12.4 below, limit his /her remarks to three (3) minutes or less. A person who addresses the Council through a translator will limit his /her remarks to six (6) minutes or less. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 10 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. This is not intended to prohibit public criticism of the Council, including criticism of any act, omission, policy, procedure, program, or service unless such is otherwise prohibited by law. 1.2.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 12.2 above) interested persons may speak, subject to the Councilmembers' right to appeal the presiding officer's ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. 12.6 Hearing of Residents. There shall be included on the agenda of each City Council meeting, prior to any items listed on the agenda for action to be taken, an item labeled "Hearing of Residents ". After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Council on items on or not on the agenda at that time, providing they have completed the "Hearing of Residents" form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Council prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for "Hearing of Residents" must speak during the "Hearing of Residents" portion . of the meeting. Councilmembers and members of City staff may not discuss unpasted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section 12.2, unless otherwise authorized by the presiding officer. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING AND FINAL READING, the 22ND day of October 2019. Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (Seal of City) CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these "Rules ") are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well -being of the community. There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act. As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: • Address the merits of the issues no personal attacks • Focus on representing the interests of all citizens. • Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. • Assume positive intentions don't look for hidden agendas. • Observe the City's written Rules of Conduct and Procedure. • When others are speaking, listen with an open mind. • Recognize that inappropriate public disclosure of confidential information can be detrimental to the City and its citizens. • Understand that "majority rules ". Once a vote is taken, if you were in the minority agree to disagree and move on. .Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. • Coordinate all requests of the City staff through the City Manager. 10 -22 -19 Revised TABLE OF CONTENTS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ............................................................................ ............................... 2 &3 3.3 Recessed Meetings .............................................................................. ............................... 3 3.4 Adjourned Meetings ............................................................................ ............................... 3 3.5 Closed Sessions ................................................................................... ............................... 3 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem ................................ ............................... 4 5.2 Appointment Procedure for a Councilmember .............................. ............................... 4 &5 10 -22 -19 Revised i Page ARTICLE 1. AUTHORITY 1.1 City Charter ......................................................................................... ............................... 1. 1.2 Effective Date; Amendment ............................................................... ............................... 1 ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public .......................................................................... ............................... 1. 2.2 Attendance .......................................................................................... ............................... 1 2.3 Minutes of Meetings ........................................................................... ............................... 1. 2.4 Questions to Contain One Subject ...................................................... ............................... 2 2.5 Right to the Floor ................................................................................ ............................... 2 2.6 City Manager ...................................................................................... ............................... 2 2.7 City Attorney ...................................................................................... ............................... 2 2.8 City Secretary ...................................................................................... ............................... 2 2.9 Officers and Employees ...................................................................... ............................... 2 2.10 Rules of Order ..................................................................................... ............................... 2 2.1.1 Suspension of Rules ............................................................................ ............................... 2 2.12 Amendment to Rules ........................................................................... ............................... 2 2.13 Matters Not Addressed by Rules ........................................................ ............................... 2 ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ............................................................................ ............................... 2 &3 3.3 Recessed Meetings .............................................................................. ............................... 3 3.4 Adjourned Meetings ............................................................................ ............................... 3 3.5 Closed Sessions ................................................................................... ............................... 3 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem ................................ ............................... 4 5.2 Appointment Procedure for a Councilmember .............................. ............................... 4 &5 10 -22 -19 Revised i TABLE OF CONTENTS (continued) 9.1 Motions ............................................................................................... ............................... 8 Page Debate ................................................................................................. ............................... ARTICLE 6. 9.3 Motion Procedures ......................................................................... ............................... ORDER OF BUSINESS 9.4 6.1 Agenda .............................................................................................. ............................5 &6 6.2 Communication to Mayor and Council ............................................... ............................... 6 6.3 Approval of Minutes ........................................................................... ............................... 6 6.4 Presentations by Members of Council ................................................ ............................... 6 6.5 Consent Agenda .................................................................................. ............................... 6 To Postpone or Extend ...................................................................... ............................... ARTICLE 7. 9.10 To Refer ............................................................................................ ............................... CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 9.11 7.1 Printed, Typewritten, or Electronic Form ........................................... ............................... 6 7.2 City Manager Review ......................................................................... ............................... 6 7.3 City Attorney to Approve ................................................................... ............................... 7 7.4 Funding ............................................................................................... ............................... 7 7.5 Reading of Caption Only .................................................................... ............................... 7 7.6 Ordinances -Two Readings; Emergencies ........................................ ............................... 7 7.7 Recording of Votes ............................................................................. ............................... 7 7.8 Vote Required ..................................................................................... ............................... 7 7.9 Tie Vote .............................................................................................. ............................... 7 7.10 Numbering Ordinances and Resolutions ............................................ ............................... 7 7.11 Ordinance Passage Procedure ............................................................. ............................... 7 ARTICLE 8 RULES OF DECORUM 8.1 Recognition by presiding officer ........................................................ ............................... 7 8.2 Order ................................................................................................... ............................... 7 8.3 Presiding Officer ............................................................................ ............................... 7 &8 8.4 Improper References to be Avoided ................................................... ............................... 8 8.5 Interruptions ........................................................................................ ............................... 8 ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions ............................................................................................... ............................... 8 9.2 Debate ................................................................................................. ............................... 8 9.3 Motion Procedures ......................................................................... ............................... 8 &9 9.4 Point of Privilege ................................................................................ ............................... 9 9.5 Point of Procedure or Order ................................................................ ............................... 9 9.6 To Appeal a Ruling ...................................................................... ............................... 9 &10 9.7 To Recess .......................................................................................... ............................... 10 9.8 To Withdraw ..................................................................................... ............................... 10 9.9 To Postpone or Extend ...................................................................... ............................... 10 9.10 To Refer ............................................................................................ ............................... 1.0 9.11 To Amend .................................................................................. ............................... 10&11 9.1.2 To Limit or Close Debate or "Call the Question" ............................. ............................... 11 9.13 To Count the Vote ............................................................................. ............................... 11 9.14 To Take Action or Reconsider an Action; Main Motions ................ ............................... 1.1. 10 -22 -19 Revised ii TABLE OF CONTENTS (continued) Page 9.15 To take action or Rescind motion ..................................................... ............................... 11 9.16 To Take Action; Main Motions ................................................. ............................... 11 &12 9.17 Effect of Abstentions .................................................. .............................12 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning ............................................................................................... .............................12 10.2 Removal .............................................................................................. .............................12 10.3 Resisting Removal ............................................................................ ............................... 12 10.4 Motions to Enforce ........................................................................... ............................... 12 10.5 Adjournment .............................................................................. ............................... 12&13 ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ........................................................................ ............................... 1.3 11.2 Special Committees .......................................................................... ............................... 13 ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council ..................................................................... ............................... 1.3 12.2 Manner of Addressing the Council — Time Limit ............................. ............................... 13 1.2.3 Personal and Slanderous Remarks .................................................... ............................... 13 12.4 Public Hearings .......................................................................... ............................... 13&14 12.5 Written Communications .................................................................. ............................... 14 12.6 Hearing of Residents ......................................................................... ............................... 14 ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information ............................................... ............................... 1.4 13.2 City Manager's Responses to Requests ..................................... ............................... 14 &15 13.3 Directions to City Manager ............................................................... ............................... 15 13.4 City Manager's Duty to Inform ........................................................ ............................... 15 13.5 Customer Concerns ........................................................................... ............................... 15 13.6 City Manager /Council Relations ....................................................... ............................... 15 10 -22 -19 Revised iii ARTICLE 1. AUTHORITY 1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the Council and until such time as they are amended, or new rules are adopted. In the event of a conflict between these Rules and the Charter, the Charter shall govern over these Rules. In the event of a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public. All meetings of the Council and all meetings of committees composed of a quorum of the Council shall be open to the public as provided by State law, except when State law allows closed or Closed sessions for certain limited topics. 2.2 Attendance. Councilmembers shall attend all meetings of the Council. Absence of a Councilmember from a meeting shall be managed in accordance with 2.2 B. A. Quoru m. Four members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. B. Absences. In the event a Councilmember is unable to attend a meeting of the Council, the Councilmember shall notify either the Mayor or the City Secretary as soon as they become aware that they will be unable to attend. Notification may be accomplished via e -mail or telephone and must include the reason for the absence. Absences from meetings of the City Council that are due to occupational or business demands, personal or family illness or absence from the city shall be approved by the Council as excused. The City Secretary shall annotate the Councilmember's absence and the reason therefore in the minutes of the meeting from which the Councilmember is absent. Council approval of the subject minutes shall ratify the absence and the reason given therefore and thus excuse the absence. If a Councilmember raises an objection to the absence or the reason given therefore at the time the minutes are to be approved, the matter may be place on a future agenda for debate, discussion and further consideration. 2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Secretary and shall constitute the official record of the Council. Such minutes, after being approved by the Council (except any closed or closed session portion), shall be open to public inspection. The City Secretary shall provide an index showing the action 10 -22 -19 Revised I of the Council in regard to all matters before to it at both regular and special meetings. A recording or "certified agenda" of each closed or closed session shall be made and maintained as required by State law. 2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff desiring to speak shall be recognized by the Mayor (or the presiding officer in the Mayor's absence) at an appropriate time and shall confine his /her remarks to the subject under consideration or to be considered. 2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council but shall have no vote. The City Manager shall be notified of all special meetings of the Council. 2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, and shall, upon request of the Council or the City Manager, give an opinion, either written or oral, on questions of law. 2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings of the Council, unless excused, and shall keep the official minutes. 2.9 Officers and Employees. Any officer or employee of the City, when requested by the City Manager, shall attend meetings of the Council. If requested to do so by the City Manager, they shall present information relating to matters before the Council. 2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council. 2.1.1 Suspension of Rules. Any provision of these Rules not required by the Charter or State law may be temporarily suspended by a majority vote of the Councilmembers who are present. The vote of each person on any such suspension shall be entered in the minutes. 2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings not addressed by these Rules, the Charter, or State law shall be determined by the Mayor (or the presiding officer in the Mayor's absence). ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part 11, Section 2 -2. The Council may also hold regularly scheduled meetings which may be designated by the Council as "workshop" sessions. 10 -22 -19 Revised 2 3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or any three (3) members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, except that announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, hour, and place of the special meeting and shall identify the subject or subjects to be considered. 3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember's departure from the Council chamber. See Sections 9.3 and 9.4. 3.5. Closed Sessions. Closed sessions may only be held in accordance with state law. 3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency meeting may be called as a special meeting as set forth in Section 3.2, however, an emergency meeting may not be held unless authorized by, and notice is given in accordance, with State law. ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the Mayor and the Mayor :Pro -Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro -Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members' motives, and confine Councilmembers in debate to the question under discussion. 4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege, points of procedure or order, and withdrawals of motions, subject to the right of any member to appeal to the Council as set forth in Article 9 of these Rules. See Sections 9.3, 9.4, 9.5, 9.6, and 9.8. 4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken on all votes. 4.6 Substitution of Mayor. In the event the Mayor must relinquish the chair, the Mayor shall call upon the Mayor Pro -Tem to preside if the Mayor Pro -Tem is present. If the Mayor 10 -22 -19 Revised 3 Pro -Tem is not present, the Mayor may call upon the most senior Councilmember (by time of service on the Council) present to preside, but such substitution shall not continue beyond adjournment of that meeting. ARTICLE 5. APPOINTMENT PROCEDURES Article 5 Section 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Council will discuss, and with a majority vote, appoint the Councilmember to serve as the Mayor Pro Tem for the City. (b) The appointed Mayor Pro Tem must be a Councilmember and must meet the qualifications of Section 4.02 of the City Charter. In addition, to be appointed to the position of Mayor Pro Tem, a Councilmember must be an elected member of Council and a member in good standing. (c) Term dates for the Mayor Pro Tem position will begin in February and August of each year (the election dates offset by three (3) months). Terms will sequentially rotate according to Councilmember place. (d) If the Councilmember place that is up for appointment as Mayor Pro Tem is vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro Tem, the Mayor Pro Tem appointment will go to the next qualified Councilmember. (e) The position will have a term of office of six (6) months. (f) The appointed Mayor Pro Tem may be removed by Council by a two - thirds (2/3) majority vote of the members of Council at any time during his or her term. (g) Council reserves the right to alter this procedure at any time by resolution or rule. 5.1 Appointment Procedure for a Councilmember. (a) The Council may appoint a Councilmember to a vacant seat as authorized by Section 4.06 of the City Charter. (b) The Council will announce and advertise on the City's website and in the City's newspaper of record that applications are being accepted for a vacant position on Council. (c) A due date for applications to be submitted will be set. (d) Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of the City Charter. (e) Applications will be received by the City Secretary's office and distributed to all Councilmembers. 10 -22 -19 Revised 4 (f) An interview date will be set and posted for a public meeting. (g) Interviews of prospective candidates will be held in a public forum by a quorum of Councilmembers. (h) Councilmembers will discuss, and appoint by majority vote, the new member of Council at either the same meeting as the interviews or at a subsequent Council meeting. (i) The Council is the final judge of whether a candidate is qualified to serve as a Councilmember as set forth in Section 4.03 of the City Charter. 0) Council reserves the right to alter this procedure at any time by resolution or rule. ARTICLE 6. ORDER OF BUSINESS 6.1 Agend . The City Manager and the City Secretary shall prepare an agenda for each meeting of the Council. Items may be placed on the agenda by the City Manager (or in his absence any Assistant City Manager), the Mayor, or any Councilmember, except that a Councilmember directing that an item or items be placed on an agenda must do so in open session, during a properly posted meeting of the Council. Items placed on the agenda by the City Manager (or in his absence any Assistant City Manager) may be removed only by the City Manager (or any Assistant City Manager) and be/she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on an agenda by the Mayor may be removed only by the Mayor, and he/she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on the agenda by a Councilmember may be removed only by that specific Councilmember, and he/she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. (a) Information Required. Any item to be on the agenda must be provided to the City Manager pursuant to a procedure established and modified by the City Manager from time to time. Each item on the agenda must contain sufficient information so that full disclosure of the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (c) Copy Provided to Mqyor and Council Members. The City Secretary shall furnish the Mayor and each Councilmember a copy of the agenda, including the proposed ordinances, resolutions, petitions, notices, or other materials as required. Copies of attachments and background material will generally be provided for the initial 10-22-19 Revised 5 presentation only and should be retained by the Mayor and the Councilmembers until such time as the item is finalized. (d) Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. (e) Order; Exception. The ordinances, resolutions, and other proposed actions shall be taken up and disposed of by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. (f) Chair Shall Not Entertain Objections. An agenda item properly placed on a future agenda by a member of Council during open session shall not be subject to objection by another member. 6.2 Communication to Mayor and Council. The City Manager shall provide the Council with a copy of each ordinance or resolution and appropriate analysis of items proposed to be acted upon by the Council at a meeting. These communications shall be delivered to the Mayor and Councilmembers along with the agenda. This information should also be retained by the Mayor and Councilmembers until such time as the item is finalized. Staff members, in making presentations to Council at a meeting of the Council, should endeavor to restrict their presentations to five (5) minutes, excluding responses to questions by the Mayor and /or Councilmembers. 6.3 Approval of Minutes. Minutes may be approved without public reading if the City Secretary has previously furnished the Mayor and each Councilmember with a copy thereof. 6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor and each Councilmember may bring before the Council any business that person believes should be brought up during the "Requests by Mayor and Councilmembers" and "Announcements by Mayor and Councilmembers" portions of the agenda. These matters need not be specifically listed on the agenda unless the person desiring to make a comment knows prior to posting of the agenda that he /she will make such comment. In response to an unposted comment, there (1) may only be a statement of factual information in response, (2) a recitation of existing City policy, or (3) discussion regarding a proposal to place the subject on the agenda for a subsequent meeting. 6.5 Consent Agenda. eg nda. At the direction of the City Manager (or in his absence an Assistant City Manager) with respect to items believed to be non - controversial, the City Secretary shall place multiple items on a "Consent Agenda" portion of the agenda, subject to the right of the Mayor or any Councilmember to request at the meeting that any one or more of such items be removed from the Consent Agenda for individual consideration. First readings of ordinances shall in all events be posted for individual consideration and shall . not be included on the Consent Agenda. 10 -22 -19 Revised 6 ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be presented to the Council only in printed, typewritten, or electronic form. 7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City Manager or his designee. 7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form and legal content by the City Attorney, when requested by the Mayor or the City Manager. 7.4 Funding. All actions authorizing an expenditure of money shall include the exact source of the funds to be expended. 7.5 Reading of f Caption Only. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6 Ordinances —Two Readings; Emergencies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that immediate action may be taken upon an emergency as determined by the Council in accordance the Charter or State law. 7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all ordinances and resolutions and shall be entered in the minutes of the Council. 7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise required by these Rules, the Charter, or State law, shall require the affirmative vote of four (4) Councilmembers who are present and eligible to vote. 7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as presiding officer shall not be restricted to voting only in the event of a tie. 7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance on second reading or on a single reading as an emergency, the City Secretary shall assign a number to each ordinance or resolution within the records of the City. 7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and it shall be filed and thereafter preserved in the office of the City Secretary. ARTICLE 8. RULES OF DECORUM 8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the Council without first being recognized by the presiding officer. 10 -22 -19 Revised 7 8.2 Order. While the Council is in session, the Councilmembers must preserve the order and decorum of the meeting, and a Councilmember shall neither, by statement or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any other Councilmember while speaking or refuse to obey the orders of the presiding officer. Councilmembers are expected to remain on the dais during a Council meeting unless they have good cause to vacate. 8.3 Presiding Officer. The Mayor or the Mayor Pro -Tem or such other member of the Council who is serving as the presiding officer may participate in debate, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of such Councilmember acting as the presiding officer. If the presiding officer is engaged in debate and is, at the insistence of four (4) Council members, abusing the position of the presiding officer, the presiding officer must relinquish the chair to the Mayor Pro -Tem, or in his /her absence, to the next most senior Councilmember (by time of service on the Council) present. The Mayor :Pro -Tem or such other member, other than the Mayor, who is serving as presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of the member acting as the presiding officer. 8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to Section 2.5 or 8.5, he /she shall avoid all references to personalities and indecorous language. 8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor or another Councilmember when speaking unless it is to raise a point of privilege (Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to withdraw a previously- stated motion (Section 9.8), or as otherwise provided in these Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the Councilmember so interrupted should cease speaking until the question is determined. ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions. A Councilmember, after he /she obtains the floor, or the Mayor may make a motion on the particular subject of discussion or a procedural point as permitted. A "Second" to the motion, if required, must be made by a Councilmember who did not make the motion within a reasonable but brief time period. The Mayor may not "Second" a motion. A motion or a "Second" merely implies that the maker of the motion and the person who "Seconds" agree that the motion should come before the meeting and not that he /she necessarily favors the motion. Without a "Second ", if required, the motion dies. 9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions 10 -22 -19 Revised 8 (1 type) *. When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Motion May Interrupt Speaker Second Required Debatable Amendable Resolved by Chair No Vote Affirmative Vote by 4 Council- members 2/3 Vote A. Meeting Conduct Motions 1. point of privilege yes no no no yes no no 2. point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no B. Disposition Motions 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no 8. to amend no yes yes yes no yes no 9. to limit or close debate or "call the question" no yes yes yes no no yes 10. to extend debate no yes yes yes no yes no 11. to count the vote no yes no no no`" no no C. Main Motions 12. to reconsider yes yes if original motion was debatable no no yes no 13. to rescind no yes yes yes no no yes 14. to take action no yes yes yes no Yes * ** no *` Mandatory if seconded; no vote required ** Unless a greater vote is required by the Charter or State Law 9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Councilmember to the presiding officer, drawing urgent attention to a need for personal accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. * Mandatory if seconded; no vote required 10 -22 -19 Revised 9 overlooked right of privilege that should have been accorded to the Councilmember(s). In essence, it is a call to the presiding officer for the purpose of assuring a Councilmember's convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. 9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer's ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of four (4) Councilmembers is required. 9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of four (4) Councilmembers is required. 9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his /her proposal. This is the maker's privilege; thus, it does not require a second. Because the withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Councilmember later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand—or a new issue. 9.9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Council to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and 10 -22 -19 Revised 10 it is amendable (particularly as to postponement, timing), and an affirmative vote of four (4) Councilmembers is required. 9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section 9.1.4). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of -four (4) Councilmembers is required. 9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a second, and it is debatable and amendable. An affirmative vote of four (4) Councilmembers is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 9.12 To Limit or Close Debate or "Call the Question ". Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer's determination. A motion to close debate is the same as a motion to "call the question ". Because this motion affects the most fundamental right of any Councilmember, the right to speak one's views, it is the only procedural motion that requires an affirmative vote of two - thirds of participants voting. 9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It represents the right of a Councilmember to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result —and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 9.1.4 Motion to Reconsider. Allows a main motion to be brought back before the City Council for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions 10 -22 -19 Revised I I. and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. 9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered, and it requires a two - thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 9.16 To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed of.. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of four (4) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. 9.17 Effect of Abstentions; action on required Abstentions; Effect of non - required Abstentions. The following rules shall apply when a Council Member abstains from voting on an item: When the Council Member is Legally Obligated to Abstain. When a Council Member is legally obligated to abstain from voting pursuant to Texas Local Government Code Chapter 1.71, a local ordinance or the City Charter then the Council Member shall leave the dais and exit City Council Chambers until such time as the debate and vote on the item has been concluded. The City Secretary shall record that the Council Member left the room and abstained from the vote in the official minutes and there shall be no other effect. When the Council Member as no Legal Obligation to Abstain from Voting_ When a Council Member has no legal obligation to abstain from voting then an abstention shall be recorded in the minutes as an abstention and shall procedurally be treated as a "no" vote. ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning. All persons other than a recognized speaker shall, at the request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a 10 -22 -19 Revised 12 person persists in disturbing the meeting, the presiding officer may order the person to leave the meeting. The Chief of Police, or such member or members of the Police Department or other persons as the presiding officer may designate, shall be sergeant -at- arms of the Council meetings. If the person so requested does not leave the meeting, the presiding officer may order the sergeant -at -arms to remove such person. 10.2 Removal. Any designated sergeant -at -arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant -at -arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council (or successor provision of law). 10.3 Resisting Removal. Any person who resists removal by the sergeant -at -arms shall be charged with violating Section 42.05 (a) of the Texas Penal Code. 10.4 Motions to Enforce. Any Council member may move to require the presiding officer to enforce these Rules and the affirmative vote of a majority of the Councilmembers present and eligible to vote shall require the presiding officer to do so. 10.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of the individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular or a special meeting or, subject to State law, may be recessed to a set time and date. ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees. The Council may create committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the Charter, the Code of Ordinances, or State law. Membership and selection of members shall be as determined by the Council if not specified by the Charter, the Code of Ordinances, or State law. No person may concurrently serve on more than one Board unless, by virtue of his/her position on the Council, he /she also holds a position on another Board. Persons related within the second degree by affinity or consanguinity to the Mayor or any member of the Council shall not be eligible to serve on a standing committee. No standing committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter, the Code of Ordinances, or State law. 11.2 Special Committees. The Council may, as the need arises, authorize the appointment of "ad hoc" Council committees. Except where otherwise specifically provided by the Charter, the Mayor and the City Council shall appoint the members of the special committees. Any committee so created shall be given a "mission statement" directing its activities. Any special committee shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Councilmembers present and entitled to vote. 10 -22 -19 Revised 13 ARTICLE 12. CITIZENS RIGHTS 12.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council shall speak at the podium into the microphone (or at another designated location), shall give his /her name and address in an audible tone of voice for the record, and, unless further time is granted by the Council, shall, subject to Section 12.4 below, limit his /her remarks to three (3) minutes or less. A person who addresses the Council through a translator will limit his/her remarks to six (6) minutes or less. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 1.2.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 10 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. This is not intended to prohibit public criticism of the Council, including criticism of any act, omission, policy, procedure, program, or service unless such is otherwise prohibited by law. 1.2.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 12.2 above) interested persons may speak, subject to the Councilmembers' right to appeal the presiding officer's ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. 10 -22 -19 Revised 14 12.6 Hearing of Residents. There shall be included on the agenda of each City Council meeting, prior to any items listed on the agenda for action to be taken, an item labeled "Hearing of Residents ". After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Council on items on or not on the agenda at that time, providing they have completed the "Hearing of Residents" form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Council prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for "Hearing of Residents" must speak during the "Hearing of Residents" portion of the meeting. Councilmembers and members of City staff may not discuss unpasted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section 12.2, unless otherwise authorized by the presiding officer. ARTICLE 13. COUNCIL AND STAFF RELATIONS 1.3.1 City Manager to Provide Information. The City Manager is directly responsible for providing information to all the Councilmembers concerning any inquiries by a specific Councilmember. If the City Manager or his staff's time is being dominated or misdirected by a Councilmember, it is his responsibility to inform the Mayor or the Council as a whole. 13.2 City Manager's Responses to Requests. The City Manager is expected to respond in a timely manner to the Council and Councilmember's requests. When information is requested, the City Manager will estimate a reasonable time frame for collecting the requested information. (a) If the City Manager disagrees with the request, he should say so and explain his position. (b) If the City Manager disagrees with individual directives, he should initiate clarification of the Council's will with regard to the individual. Councilmember's request. (c) The City Manager may delegate responsibility for the response as necessary and appropriate, but the City Manager will be responsible for its receipt by the Council in a timely manner. (d) The City Manager should maintain a checklist and timetable for requests and other directives of the Council. (e) All Councilmembers will be provided the same written information when any matter under consideration may be of general concern to the Council. There will be no preferential dissemination of information by the City Manager or his staff. 10 -22 -19 Revised 15 13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a consensus of the Councilmembers present will be required to direct the City Manager to take any action. 1.3.4 City Manager's Duty to Inform. The City Manager is responsible for keeping the Council informed. The Council should be provided weekly reports outlining progress on outstanding issues as well as information on new issues and opportunities. Additionally, the Council should be informed of City news prior to release of such information to the community, newspaper(s), or other governmental entities, etc. 13.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures for handling customer concerns in all departments with prompt feedback to citizens and Councilmembers. 1.3.6 City Manager /Council. Relations. The City Manager should strive to maintain positive relations with the Council by following these guidelines: (a) Work to establish mutual trust with the Council. (b) Maintain open lines of communication with the Council and keep Council informed. (c) Inform all Councilmembers of educational opportunities, recognizing that an educated Council is in the City's best interest. (d) Include the Council in City - sponsored employee social events. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. Amended: October 22, 2019 10 -22 -19 Revised 16 ei IRIUM City Council October 22, 2019 Meeting: Department: Planning & Community Development Agenda No. 15. Subject: Ordinance 19 -S -27: Conduct a public hearing, consideration and /or action for an Ordinance on a request to rezone approximately 27 acres of land from General Business District (GB) and Manufacturing Light District (M -1) to Planned Development District (PDD), located at 17975 IH -35, City of Schertz, Guadalupe County, Texas (B. James, L. Wood, N. Koplyay) First Reading The applicant is proposing to rezone approximately 27 acres of land from General Business District (GB) and Manufacturing Light District (M -1) to Planned Development District (PDD); 17.8 acres will develop in accordance with the base zoning district of General Business (GB), 7.3 acres will develop in accordance with the base zoning district of Manufacturing Light (M -1), and 2.0 acres is designated for public right -of -way (Four Oaks Lane). The subject property is located at 17975 IH -35 and is currently developed with three buildings occupied by three different commercial businesses: an outdoor furniture retail store (Family Leasure), a sporting goods retail store (Rainbeau), and a gymnastics /dance studio (Stars Vipers Cheer and Tumbling). Seven (7) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on August 30, 2019 in preparation of the Planning & Zoning Commission meeting that took place on September 11, 2019. A public hearing notice was also published in the San Antonio Express on October 2, 2019. At the time of this report, Staff has received one response in favor of the requested zone change. The following project representatives spoke at the September 11, 2019 Planning & Zoning Commission public hearing: • Joe Simmons, Senior Vice President, Aquila Commercial. GOAL The proposed zone change is for approximately 27 acres of land from General Business District (GB) and Manufacturing Light District (M -1) to Planned Development District (PDD). Under the proposed PDD Development Standards, the property will have two base zoning districts within the PDD: GB and M -1. The portion of the property in front of the proposed Four Oaks Lane extension will have a base zoning of GB, and the portion of the property behind the Four Oaks Lane extension will have a base zoning of M -1. The general alignment of Four Oaks Lane was established during the preliminary plat application for the Discount Tire - TXS 11363 Subdivision. The proposed Planned Development District also provides specific design standards for current and future landscaping and permitted land uses on the subject property. The first amendment to the Schertz Unified Development Code proposed in the PDD Development Standards is regarding the permitted land uses on the property. The portion of the property with a base zoning of M -1 will not have any additional permitted uses and will function under the M -1 zoning district as it currently exists; however, the portion of the property with a base zoning of GB would be allowed to utilize the 'Office-Warehouse/Distribution Center' and 'Storage or Wholesale Warehouse' land uses by right. Currently, the 'Office-Warehouse/Distribution Center' land use is permitted in the General Business II District (GB -2) and in higher intensity commercial zoning districts, and the 'Storage or Wholesale Warehouse' land use is permitted in the General Business District (GB) with a Specific Use Permit and in higher intensity commercial zoning districts by right. The second proposed amendment to the Unified Development Code is regarding current and future landscaping regulations. The entire property included in this PDD will be held to the following increased landscaping standards if approved: • The applicant would be responsible for installing one (1) tree per forty linear feet (40') of street frontage along IH -35 at a 4 caliper inch planting size prior to the issuance of any building permits on the subject property. Essentially, before any new work can be done on site, the applicant will be required to install 23 new trees sized at 4 caliper inches along the property's 903' frontage on IH -35. The requirement for 4 inch caliper trees along IH -35 is an improvement on the current regulation for planting 2.5 caliper inch trees along principal and secondary arterials, as defined in UDC Sec. 21.1.4.3.C. • The applicant would be responsible for the base landscaping installation requirement of planting trees at a ratio of nine (9) trees per acre at a 4 caliper inch planting size. The requirement for 4 inch caliper trees for base landscaping installation is an improvement on the current regulation for planting 2.5 caliper inch trees, as defined in UDC Sec. 21.9.7.E.2 • The applicant would be responsible for the parking area landscaping requirement of planting a tree at the terminus of all rows of parking and every 12 parking spaces at a 4 caliper inch planting size and 5 shrubs at a 3 gallon planting size. The requirement for 4 caliper inch trees and 3 gallon shrubs for landscape islands is an improvement on the current regulation for planting 2.5 caliper inch trees and 1 gallon shrubs, as defined in UDC Sec. 21.9.7.H. I.e. • The applicant would be responsible for the perimeter landscaping requirement of planting a tree every 50 feet along all public rights -of -way at a 4 inch caliper planting size. The requirement for 4 caliper inch trees for perimeter landscaping along rights -of -way is an improvement on the current regulation for planting 2.5 caliper inch trees, as defined by UDC Sec. 21.9.7.H.2. The above landscaping regulations in the PDD Development Standards all require upsized landscaping materials in order to go above and beyond the current requirements. The landscaping regulations that are required to be met during a typical site plan process are also included in the PDD Development Standards in order to establish increased landscaping standards for all future development on site. 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. The additional permitted land uses proposed in the PDD Development Standards are appropriate given the current zoning classifications and utilized land uses of the surrounding properties, as well as the existing conditions on the subject property. The subject property is currently surrounded by land that is zoned either General Business District (GB) or Manufacturing Light District (M -1), and a major interstate highway. The portion of the subject property that will have a base zoning of M -1 is adjacent to parcels of Land zoned Manufacturing Light District (M -1), one that is currently undeveloped and one that is currently utilized as a Building Material and Hardware Sales business. The portion of the subject property that will have a base zoning of GB is adjacent to parcels of land zoned General Business District (GB), two that are currently utilized as retail stores and one that is currently utilized as an office. The site marks a clear transition between the existing industrial land uses northwest of the property, and the existing commercial land uses along the IH -35 corridor. Typically, the General Business II District (GB -2) is an appropriate zoning district to mark the transition between industrial and commercial areas; however, there are several land uses in the General Business II District (GB -2) that would not necessarily be appropriate for a property with IH -35 frontage. From a staff perspective, these unique circumstances are where a Planned Development District can be used to create zoning regulations that are a good fit for the subject property. In this case, the base zoning district of the portion of the property in front of Four Oaks Lane will remain General Business District (GB), with two additional permitted land uses, 'Office-Warehouse/Distribution Center' and'Storage or Wholesale Warehouse', which are appropriate for an area that marks the transition between industrial and commercial areas. Regarding the existing conditions on site, the subject property is currently developed as three separate buildings totaling 311,000 square feet. With our recommendation of this zone change, Staff is being cognizant of the types of business /land uses that could be appropriate for buildings of this scale and orientation. The utilization of the 'Office-Warehouse/Distribution Center' and 'Storage or Wholesale Warehouse' land uses is realistic for the buildings on site, and would allow the property to be continually redeveloped and improved without necessarily requiring the property owner to completely tear down the buildings and parking lots. The proposed zone change will also allow for immediate landscaping regulations along the subject property's prominent IH -35 frontage. Without the landscaping requirements in the PDD Development Standards, the required trees along IH -35 would not be installed until the property frontage is within the limits of construction of new development on site, i.e. when the parking lots gets reconstructed. Through the PDD Development Standards, upsized trees will be required along IH -35 before any new work can be done on site, and it also establishes various increased landscaping regulations for all future development on site. These higher standards will apply to any new buildings or landscaped areas on the subject property, as well as all the landscaping along the future Four Oaks Lane extension (planned to be a Commercial Collector per the 2017 Master Thoroughfare Plan update). As opposed to the current 2.5 caliper inch tree planting size, the upgraded 4 caliper inch tree planting size will allow the landscaping on site to look more established, and this difference in the size of trees is potentially worth years of growth. Following the approval of House Bill 2439 at the latest Texas Legislative Session, and the resulting approved Ordinance 19 -5 -22, the City can no longer require more stringent exterior construction material standards for commercial development as it has in the past; however, the increased landscaping regulations defined in this PDD will mitigate some of these lost aesthetic regulations and continue to allow for development at a higher standard. FISCAL IMPACT None. The Planning and Zoning Commission conducted a public hearing for the item on September 1.1, 2019 and offered a recommendation of approval by a 6 -1 vote; Commissioner Evans voting nay. Given the City's immediate and future benefit from the PDD Development's increased landscaping standards, the current zoning classifications of the subject property and surrounding properties, and the existing conditions of the development on -site, Staff is also making a recommendation of approval of the requested zone change to PDD as submitted. Attachments Ordinance 19 -S -27 Ordinance 19 -S -27 Exhibit A Ordinance 19 -S -27 Exhibit B Aerial Map Public Hearing Notice Map PDD Development Standards Conceptual Site Plan Exhibit ewwww e e e e ORDINANCE NO. 19 -S -27 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 27 ACRES OF LAND FROM GENERAL BUSINESS DISTRICT (GB) AND MANUFACTURING LIGHT DISTRICT (M -1) TO PLANNED DEVELOPMENT DISTRICT (PDD), LOCATED AT 17975 I11-35, CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS. WHEREAS, an application to rezone approximately 27 acres of land located at 17975 1H -35, 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 11, 2019, 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 22, 2019, 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 Planned Development District (PDD). 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 22nd day of October, 2019. . PASSED, APPROVED AND ADOPTED on final reading the 12th day of November, 2019. . Michael R. Carpenter, Mayor I:�.im Brenda Dennis, City Secretary (SEAL OF THE CITY) METES AND BOUNDS DESCRIPTION FOR 27.037 ACRE TRACT OF LAND Being a 27.037 acre tract of land and the remaining portion of a 30.893 acre tract of land situated in the John Saladin Survey 404, AbstractNo. 299, in the City of.Schertz,: Guadalupe County, Texas, as described in Volume 1467, Page 695 of the Official Public Records of Guadalupe County, Texas and said 27.037 acre tract of land being more particularly described as follows: BEGINNING at a "MAG" nail found in the Northwesterly rigbi -of -way line of interstate Highway 35, being the Southeasterly comer of Lot I, Block 1,: Discount Tire -TXS 11363 Subdivision as recorded in Volume 19, Page 150 of the Official Public Records of Guadalupe County, Texas - THENCE with the boundary lines of Said Discount Tire Subdivision, and across and through said 30.893 acre tract of land, the following calls: N 270 30' 26" W a distance of 304.19 feet to a "MAG `° nail found for comer; S 620 29' 34" W a distance of 143.50 feet to a "MAG " nail found for :Northwesterly corner of said Discount Tire•TXC11363 Subdivision; TI-ffNCE departing said Discount Tire Subdivision, and across and through said 30.893 acre tract of land, the following calls: N 270 30' 26" W, a distance of 350.50 feet to a point for a corner; S61'20' 14" W; a distance of 2.29 feet to a point for the most Easterly comer of Time Trail, (Called Four Oaks Lane. per Street signs) a dedicated R.O.W. as shown on Wal- Mart :9upereenter Subdivision #3391 -00 as recorded in Volume 6, Page 677 -679 . of the Map and Plat Records of Guadalupe County; THENCE with said Four Oaks Lane: N 27 °:34' 28" W a distance of 60.01 feet to a 1/2" pin with cap stamped "DAM #5348 PROP. COR" set for the Northeasterly comer of said Four Oaks Lane; S 61' 20' 14 W adistance of 148.20 feet to a I/," iron pin with cap stamped "MOY SURVEY" found for the Southeasterly corner of a 9.386 acre tract of land as described in Volume 878, Page 893 of the Official Public Records of Guadalupe County, Texas, and being a Westerly: corner of this herein described 27.037 acre tract of land; THENCE departing the Northwesterly right-of-way line of said Four Oaks Lane; and with the Northeasterly line of said 9.386 acre tract of land; N 27' 32' 52" W a'distance of 566.91 feet to a ' /z" iron pin with cap stamped `°MOY SURVEY" found for the Northeasterly corner of said 9.386 acre tract of land, and being in the Southeasterly line of a 28.928 acre tract of land as recorded in Volume. 1.810, . Page 362 of the Official Public Records of Guadalupe County, Texas,, and being the most Westerly comer of this herein described 27.037 acre tract of land; THENCE departing the Northeasterly corner of said 9.386 acre tract of land, and with the Southeasterly line of said 28.928 acre tract of land; N 59 °29' -57" E, at 824.73 feet passing the Southeasterly corner of said 28.928 acres of land, and continuing with a Southeasterly line of San Antonio Shoe Subdivision as recorded in Volume 4, rage 312 of the Map and Plat Records of Guadalupe County, Texas, and continuing atotal distance of 1088.61 feet to a'''W' iron pin found for an interior comer of said San Antonio Shoe Subdivision, the most ]Northerly comer of this herein described 27,037 acre tract of land; THENCE departing said interior corner, and with a Southwesterly line of said San Antonio Subdivision, S 30 °.27' 21" F a distance of 1016.93 feet to a %" iron pin found in the Northwesterly right-of-way line of Interstate highway 35, the most Southerly comer of said San Antonio Shoe Subdivision, and the Southeasterly corner of this herein described 27.037 acre: tract of land; THENCE departing said Sad Antonio Shoe Subdivision and with the Northwesterly right -of -way line of Interstate Highway 35, S 410 45' 40"W a distance of 903.50 feet to the POINT OF BEGINNING and containing this herein described 27.037 acre tract of land. "This document: was prepared under 22 TAG §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." Bearings based on the Texas State Plane Coordinate System, Texas South Central Zone (4204), MAD 1983. 6 A Drew Awyer Registered Professionalor No. .5348,' T13PLS Firm Registration #10191500 5151 W. State Highway, New Braunfels, TX 78132 BRm43— GZid.Ridge- 29.779 ZONING AC M &B 2 �fol N 2 E E N 0. N 0 0 co 6 0 Z 0 U N >� Ld 0 0 12 0: 0 1.1 W c� 2 F 20OFT BOUNDARY I 14 F07, V 100-YR FLOOD PLAIN S59*29'57"W 1088.61' co 9p m C� co 2! ji �� ill gmpp F-6qlll 11 20OFT BOUNDARY c.n PD m 'L-79.99, R=248.04 .8.48 S49- 07- 06"W, 79.64 27 X A", --�J`74- i(Mll ;cx, Lo 00 00 co �o co 04 v ID 'ON M " SIR N m N62'29'34"E 14i.-50' �u 0 C) CO 'do '111,4111111111111! 11110 PROPERTY1: j:e SHOE COMPANY ZONED M-1 & GB U. 0 SAN ANTONIO SHOW SUBD. SAN ANTONIO SHOE INC., PROP ID 39410 uj N 17995 N IH 35 1--j SCHERTZ, TX 78154 0 VOLUME 656, PAGE 597 6 PROPERTY 2: u COMMERCIAL/RETAIL D ZONED GB ne DISCOUNT TIRE, PROP ID 169617 V) N IH 35 SCHERTZ, TX 78154 0 VOLUME 656, PAGE 597 u PROPERTY 3: COMMON LAND ZONED M-1 & GB C & W RANCHES LTD, PROP ID 70522 17975 N IH 35 SCHERTZ, TX 78154 VOLUME 1467, PAGE 695 ZONED M-1 & GB PROPERTY 4: COMMERCIAL/RETAIL ZONED M-1 & GB WAL-MART REAL ESTATE BUSINESS TRUST, PROP ID 134191 6102 FM 3009 5 SCHERTZ, TX 78154 VOLUME 2421, PAGE 120 PROPERTY5: COMMON LAND ZONED M-1 ERIC W. WHITE, PROP ID 70500 FM 3009 SCHERTZ, TX 78154 C2 VOLUME 878, PAGE 893 U < PROPERTY 6: x 00 COMMON LAND 0 ZONED M-1 BRAVO INVESTMENTS LTD, PROP ID 70510 6106 FM 3009 SCHERTZ, TX 78154 0 VOLUME 181 PAGE 362 05 4 Ln 0� u m . n FOUR OAKS LANE 0 CD u -0 00 0 00 �o 2 fl- �fol N 2 E E N 0. N 0 0 co 6 0 Z 0 U N >� Ld 0 0 12 0: 0 1.1 W c� 2 F 20OFT BOUNDARY I 14 F07, V 100-YR FLOOD PLAIN S59*29'57"W 1088.61' co 9p m C� co 2! ji �� ill gmpp F-6qlll 11 20OFT BOUNDARY c.n PD m 'L-79.99, R=248.04 .8.48 S49- 07- 06"W, 79.64 27 X A", --�J`74- i(Mll ;cx, Lo 00 00 co �o co 04 v ID 'ON M " SIR N m N62'29'34"E 14i.-50' �u 0 C) CO 'do I Eliot! G I F I E I D I c APPLICANT: JOE SIMMON PACVENTURES, INC. 1717 W 6TH STREET, SUITE 400 AUSTIN, TEXAS 78703 0 100 200 50 150 GRAPHIC SCALE: 1" = 100' LOCATION MAP NOT TO SCALE LEGEND BOUNDARY / RIGHT OF WAY ADJOINING PROPERTY BOUNDARY — — — — — — — — — — — 200 FT NOTIFICATION BOUNDARY — ---- — ---- ----- ----------- ------ EXISTING CURB & GUTTER — — — —xxxx — — — — CONTOUR (GRADE) ELEV, m7m, 71117 11 1 fif 711�111111111111 AREATOBEREZONED OWNER/DEVELOPER: CAROLYN WHITE C&W RANCHES LTD 17969 IH-35 N SCHERTZ, TX 78154 PHONE: (210) 651-6526 SURVEYOR: DREW MAWYER 5151 W SH-46 NEW BRAUNFELS, TX 78132 PHONE: (830) 730-4449 FIRM #10 191500 SITE NOTES: 1 . A PORTION OF THIS SITE FALLS WITHIN THE 100-YEAR FLOOD PLAIN PER FEMA FIRM PANEL 48187CO21F, DATED NOVEMBER 2,2007. 2. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT. I I EXISTING GROSS GB ZONING ACREAGE: 15.786 ACRES EXISTING GROSS M-1 ZONING ACREAGE: 11.406 ACRES PROPOSED GROSS PDD ACREAGE: 27.192 ACRES PROPOSED ROW: 2.024 ACRES PROPOSED NET PDD ACREAGE: 25.168 ACRES W c� C? 04 '111,4111111111111! 11110 j:e 1 < > U. 0 0 rvoo uj N 1--j < 0 u U D ne V) 0 0 LL u I Eliot! G I F I E I D I c APPLICANT: JOE SIMMON PACVENTURES, INC. 1717 W 6TH STREET, SUITE 400 AUSTIN, TEXAS 78703 0 100 200 50 150 GRAPHIC SCALE: 1" = 100' LOCATION MAP NOT TO SCALE LEGEND BOUNDARY / RIGHT OF WAY ADJOINING PROPERTY BOUNDARY — — — — — — — — — — — 200 FT NOTIFICATION BOUNDARY — ---- — ---- ----- ----------- ------ EXISTING CURB & GUTTER — — — —xxxx — — — — CONTOUR (GRADE) ELEV, m7m, 71117 11 1 fif 711�111111111111 AREATOBEREZONED OWNER/DEVELOPER: CAROLYN WHITE C&W RANCHES LTD 17969 IH-35 N SCHERTZ, TX 78154 PHONE: (210) 651-6526 SURVEYOR: DREW MAWYER 5151 W SH-46 NEW BRAUNFELS, TX 78132 PHONE: (830) 730-4449 FIRM #10 191500 SITE NOTES: 1 . A PORTION OF THIS SITE FALLS WITHIN THE 100-YEAR FLOOD PLAIN PER FEMA FIRM PANEL 48187CO21F, DATED NOVEMBER 2,2007. 2. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT. I I EXISTING GROSS GB ZONING ACREAGE: 15.786 ACRES EXISTING GROSS M-1 ZONING ACREAGE: 11.406 ACRES PROPOSED GROSS PDD ACREAGE: 27.192 ACRES PROPOSED ROW: 2.024 ACRES PROPOSED NET PDD ACREAGE: 25.168 ACRES W c� C? 04 ,'I- L0 T- oo < u) �—Il U LLI Lu Lo Z 0 co Z) U 0 0 L.0 LLI (D o- r*) Z) ne < z LLj D (D LLI r 0 U) i�*-i M I: V* u') 00 ILL 6 z 75; Of ILL W 00 d r- < cf) 0 < of x w Z F- < > 5 Z 0 z < cn z w < L0 r x W U a 0 P-4 6i -j F- w w r (1) EXHIBIT 0 j:e 1 < > U. 0 0 rvoo uj N 1--j < 0 u U D ne V) 0 0 LL u ,'I- L0 T- oo < u) �—Il U LLI Lu Lo Z 0 co Z) U 0 0 L.0 LLI (D o- r*) Z) ne < z LLj D (D LLI r 0 U) i�*-i M I: V* u') 00 ILL 6 z 75; Of ILL W 00 d r- < cf) 0 < of x w Z F- < > 5 Z 0 z < cn z w < L0 r x W U a 0 P-4 6i -j F- w w r (1) EXHIBIT DEVELOPMENT STANDARDS W W1101 10114 011111141 K612 LTA 1:11 k1k dill &111 *01 [a] a fel,"Ydill a Q 4 ki I R 1614 *4161kTA I LTA 14 &SIM TABLE OF CONTENTS I. General A. Introduction 11. Zoning Districts (Article 5) A. Permitted Land Uses (Section 21.5.8) Ill. Site Design Standards (Article 9) A. Landscaping (Section 21.9.7) IV. Amendments to the Planned Development District V. Appendices and Attachments A. Conceptual Site Plan of PDD GARDEN RIDGE COMMERCIAL I. General A. Introduction This property will develop in accordance with the provisions of the City of Schertz Unified Development Code (UDC) as amended. This property will develop in accordance with the base zoning districts of General Business (GB) District and Manufacturing Light (M -1) District, with the following modifications to the UDC relating to permitted land uses and landscaping: II. Zoning Districts (Article 5) Q Permitted Use Table. In addition to the permitted uses listed in UDC Table 21.5.8. Permitted Uses as amended, the Office- Warehouse /Distribution Center and Storage /Wholesale Warehouse land uses shall be permitted in areas with a base zoning of General Business (GB) District. Q s ordinances and standards applicable to the uses on the zial and industrial lots of the PDD will apply with the amendments /variances to the sub - sections of the UDC as H 21.9.7(E)(2) — Landscape Installation Required. All properties wide trees at a ratio of nine (9) trees at 4 inch caliper size (43,560 square feet) of gross lot area. Section 21.9.7(H)(1)(c) — Parking Area Landscaping — Interior Landscaping. Interior Areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every twelve (12) parking spaces and at the terminus of all rows of parking. Such island shall be a minimum of 200 square feet or ten feet (10') by Page 2 of 4 twenty feet (20') in size. Each planter island shall contain a minimum of one shade tree at 4 caliper inch size and five shrubs at 3 gallon size. Section 21.9.7(H)(2) — Parking Area Landscaping — Perimeter Landscaping. All parking lots and vehicular use areas shall be screened from all abutting properties with a wall, fence, hedge, berm or other durable landscape barrier. All parking lots and vehicular use areas shall be screened from all abutting public rights - of -way with a wall, berm or combination of hedge and berm. Any living barrier shall be established in a minimum five foot (5') planting strip. Plants and materials used in living barriers shall be at least thirty inches (30 ") high at the time of planting and shall be of a type and species that will attain a minimum height of three feet (3') one (1) year after planting. Any landscape barrier not containing live plants or trees shall be a minimum of three feet (3') high at time of installation. Perimeter landscaping shall be designed to screen off - street parking lots and other vehicular use areas from public rights- -way and adjacent residential Sect 21.9.7(H)(2)(a) — Parking Area Landscaping — Perimeter ping. Whenever an off - street parking or vehicular use area public right -of -way, except a public alley, a perimeter )e area of at least fifteen feet (15') in depth shall be ied between the abutting right -of -way and the off - street or vehicular area. These perimeter landscape areas shall at least one (1) shade tree at 4 caliper inch size for each fifty et (50'), or fraction thereof, of perimeter area. 21.14.3(C) — Additional Design Requirements — Landscape � minimum twenty foot (20') wide landscape buffer shall be provided adjacent to any public right -of -way classified as a Principal Arterial or Secondary Arterial in accordance with Sec. 21.14.1. Trees shall be planted at an average density of one (1) tree per forty linear feet (40') of street frontage at 4 inch caliper size, except for public schools. The landscape buffer shall require an irrigation system and shall be maintained by the property owner. The Page 3 of 4 landscape buffer and trees shall be installed prior to the issuance of any building permits on the subject property IV. Amendments to the Planned Development District Any significant changes from the established standards for the approved PDD, or changes that alter the concept of the PDD will cause the plan to be resubmitted for approval by the Planning and Zoning Commission and the City Council, including a new public hearing with applicable fees. Minor changes which do not change the concept or intent of the development shall be approved or denied administratively. Adjustments to site design elements including but not limited to, parking, . building location, stormwater detention, landscaping, will be considered a minor change. V. Appendices and Attachments A. Conceptual Site Plan attached as Page 4 of 4 N a N 0 _o L e 0 G N N w i 0 6 E O U N L V V7 O O ID o n r � C V U N N � V G U N Q � O Q O > G � O � G N N G N O s- Agenda No. 16. ei 10UM City Council October 22, 2019 Meeting: Department: Finance Subject: Water Meters - Workshop and discussion on the new water meters and bill amounts in August and September. (B. James /J. Walters) (Item requested by Councilmember Larson) At the September 24, 2019 City Council meeting, Councilmember Larson requested a workshop discussion on the complaints regarding high water bills and an overview of the water meter change out program. Staff began receiving an increase in inquiries and complaints in August. While staff normally sees an increase in complaints this time of year due to high temperatures and dry conditions, leading resident to water their lawns more, the number of complaints has been higher than normal. Often these residents are concerned that problems with the new water meters may be contributing to the higher bills. Staff has been diligently working with residents to determine the reason for the higher water bills. Staff will provide an overview of steps that have been taken to research this issue. Agenda No. 17. ei 10UM City Council October 22, 2019 Meeting: Department: City Secretary Subject: City Council Code of Ethics - Discussion and Consideration and/or action regarding the City Council Code of Ethics. (Mayor /Council) (Item requested by Mayor Carpenter) Mayor Carpenter requested this item be placed on the agenda. Attachments Revised Code of Ethics • 1 ' ' 1+ 1 . WHEREAS, the City Council of the City of Schertz has previously adopted a Code of Ethics; and WHEREAS, the City Council through its action taken on August 14, 2018 desires to update the existing City Council Code of Ethics amending Section 3 Procedure for Conducting Inquiries; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend, update, and clarify the Code of Ethics as they relate to dealing with the Procedure for Conducting Inquiries. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the City Council Code of Ethics Section 3 be amended as follows: The role of leading an inquiry of any Council member for any violation or alleged violation of this policy lies with the Mayor, Mayor Pro -Tern, and, if approved by Council, an independent attorney or investigator. If the Mayor is the subject of an inquiry, the Mayor Pro -Tem, or the next ranking official by seniority and, if approved by Council, an independent attorney or investigator will lead the inquiry. The City Attorney shall not conduct the investigation of any Council member. All Council members why} are net ht su er oaf an inquiry have a right to participate in the inquiry process regarding violations or alleged violations and their subsequent enforcement. Any member of the Council who is the subject of an inquiry shall have the ability to provide a written statement responding to the findings of the inquiry 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 subjeo matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 5 5 1, 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. 113ASSED ON FIRST READING, the 28 TH day of August 2018- PASSED, APPROVED and ADOPTED ON SECOND READING, the 4th day of September 2018. Mayor, Michael R. Ca , Venter LL L City Secretary, Brenda Dennis 9 -4- 0RS'` Final Introduction The City Council Code of Ethics (the "Codes ") applies only to the members of the City Council: the Mayor, the Mayor Pro -Tern and the other City Council members. Furthermore, all provisions of the Codes apply equally to the Mayor, Mayor Pro -Tem and City Council members, who must follow the content of the Codes as well as the spirit. It is the policy of the City Council that all of its members shall abide by federal and state law. It is also the policy of the City Council that all of its members shall abide by the provisions set forth in the City Charter and all City ordinances and policies, including the Codes. Purpose By adopting these Codes, Council members commit to: ® transparent and accountable governance; ® honest, fair and respectful dealings with fellow Council members, City staff, and the wider community; and ® working together to deliver the best outcomes for the long -term interests of the City. These standards, together with the ongoing requirement for Council members to abide by Council, policies, as they change from time to time, will ensure that public trust and confidence in the City Council is enhanced. Limitations The Codes are intended to support, explain or otherwise clarify the articles set forth in the City Charter or to exercise the specific right given to the City Council in the City Charter in Article III, Section 3.01 and Article IV, Section 4.08, to exercise its governmental powers. Nothing in the Codes is intended to contradict or supersede the City Charter or state law. Procedure 1. Council Member and Board. Committee or Commission Member Interactions a. City boards, committees and commissions are formed in order to provide independent recommendations to Council and, in the case of some commissions, to conduct hearings in order to make determinations, which may or may not be subject to appeal to the Council. 2. Council Members Serving as Council Liaisons a. A Council liaison is a Council member who is specifically assigned to be the liaison between the City Council and a board, committee or commission. The primary role of the liaison is that of facilitator of communications between the Page 1 '•, its ` � ;' c� X 9 -4- 2018 Final board, committee or commission and the Council. A Council member who is appointed to sit as a member of a board, committee or commission is not a liaison for purposes of this policy. b. A Council liaison shall facilitate communications between the board, committee or commission and the Council. The liaison should not be an advocate for the board, committee or commission, give direction to a board, committee or commission or influence a decision of a board, committee or commission. The liaison may, however, assist and provide guidance to a board, committee or commission with their work plans or agendas. c. A Council Liaison Acts as the: i. Spokesperson on behalf of the Council when so directed by the Council. ii. Contact person, if the board, committee or commission (or an individual board, committee or commission member) wants such a channel of communication. iii. Council representative present to identify procedural and structural issues relating to the effective functioning of the board, committee or commission for Council. d. Council Liaison Participation Expectations: i. Attendance is discretionary with the Council member. Attendance as a liaison at a board, committee or commission meetings is not required. ii. Liaisons shall have no vote on the board, committee or commission. iii. Liaison attendance at board, committee or commission retreats is discouraged unless attendance is requested by the board, committee or commission. iv. Liaisons do not have a right to be in attendance at board, committee or commission closed sessions and shall abstain from attending such closed sessions unless invited to attend by the collective board, committee or commission. Ethical Conduct Rules 1. Ethical Conduct Rules for all City Council Members a. During City Council meetings, City Council members shall assist in preserving order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to obey the orders of the presiding officer or the rules of the City Council. Page 2 "'rrf nax.zi' 9-4-2018 Final b. During City Council meetings, a City Council member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine discussion to the question under debate, avoid discussion of personalities and indecorous language, and refrain from personal attacks and verbal abuse. c. During City Council meetings, a City Council member desiring to question the administrative staff shall address questions to the City Manager, who shall be entitled either to answer the question(s) or designate a member of City staff. Such designation may occur at any time, including prior to a City Council meeting. City Council members shall not berate nor admonish staff members. d. During City Council meetings, a City Council member, once recognized, shall not be interrupted while speaking unless called to order by the presiding officer, to raise a point of order, procedure or privilege, or unless the speaker chooses to yield to questions from another member. If a City Council member is called to order while speaking, that member shall cease speaking immediately until the question of order is determined. If ruled to be in order, the member shall be permitted to proceed. If ruled to be not in order, the member shall remain silent or make additional remarks so as to comply with rules of the City Council. e. During City Council meetings, City Council members shall confine their questions to the particular matters before the assembly, and in debate, shall confine their remarks to the issues before the City Council. f. During City Council meetings, when there is more than one speaker on the same subject, City Council members will delay their comments until after all speakers on the subject have been heard. g. Council members shall clearly state when he /she has been directed by Council to speak on behalf of the City Council at the meeting of any board, committee or commission. All other commentary offered before a board, committee or commission is deemed to be the personal opinion of the Council member. h. Council members shall not speak on behalf of the Council at any place or time unless they have been so directed by the body of the City Council. Any commentary offered at any time, in public or otherwise, is deemed to be the personal opinion of the City Council member speaking. Page 3 CIT o� h 9-4-2018 Final i. Council members shall not speak to any board, committee or commission member on any matter that may come before the Council in a manner designed to influence the member. j. No Council member shall privately lobby any member outside of the meetings in an attempt to influence his or her individual vote. k. Any Council member who has testified on his or her own behalf or as a witness before a board, committee or commission on any administrative action which then comes to Council is disqualified from participating as a Council member on the matter only if there is a legal conflict of interest. 2. Confidentiality of Information Shared in Closed Session a. Council members should keep all matters discussed in closed session confidential. b. Any Council member who is found to have violated State Law with regards to the conduct of closed sessions shall be deemed to have violated the Codes. 3. Individual Members of Council Providinz Direction or Instruction to the City Manager or Staff a. Only the City Council, acting as a body, is permitted to provide direction and instruction to the City Manager, City Secretary, City Attorney or the City Judge (or Judges) regarding any matter confronting the City, whether policy- related or otherwise. b. No member of Council (specifically including the Mayor, the Mayor Pro -Tem and the individual Council members) shall, at any time, give individual instruction to, attempt to define policy for, or make any demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff. c. No member of Council shall attempt to influence the City Manager, City Secretary, City Attorney, City Judge (or Judges) or any member of staff to circumvent City rules, policies or ordinances. Page 4 ;a �I 9 -4 -2018 Final d. Any member of Council may, of course, at any time, make requests of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff for information, assistance, or other help as may be necessary, so long as no orders, threats, promises, intimidations, or ultimatums, explicit or implicit, are issued. e. The single exception to this rule is that in times of emergency lawfully declared by the Mayor, the Mayor may act independently as to matters of urgent need until a meeting of the Council, in quorum, can be called. f. Any member of Council giving individual instruction or making a demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff, with the exception of times of emergency lawfully declared by the Mayor, during which time the Mayor may act independently until a meeting of the Council, in quorum, can be called, shall be deemed to have violated the Codes. 4. City Council Media Communication Guidelines a. Effective media relations best serve the City by providing accountability to the public and transparency of government, ensuring accurate information is conveyed to the public, establishing and maintaining an accurate public perception of the City; informing residents of City programs and services, and promoting the City's achievements, activities and significant events. b. Council Members and the Mayor have been elected to represent our community and are free to speak to the media on any subject. This policy and its included guidelines are intended to ensure that accurate consistent information is provided to the media and that City Council's integrity and professional image is preserved. C. Guidelines: 1. Council Members and the Mayor have the right to express personal opinions on any issue, but must make it clear that they are speaking for themselves, are not speaking in an official capacity for the City, and are not speaking on behalf of City Council, unless the position has been adopted by the City Council; 2. All conversations with a member of the media should be treated as on the record. 3. Where time permits City Council members and the Mayor should communicate with the City's Public Information Officer prior to interviews with the media; otherwise all interviews with a member of the media should be reported to the Page 5 SS* ATY,_ 94 -2018 Final City's Public Information Officer as soon as reasonably possible after the interview. 4. There are certain highly sensitive issues that may require greater discretion when speaking to media. These issues include: i. Legal issues, including liability issues and pending litigation; ii. Personnel issues, including those surrounding existing and former employees; iii. Questions that involve police or fire investigations; or iv. A community -wide situation or emergency. It is highly encouraged that City Council members and the Mayor contact the City Manager for any relevant information prior to commenting on such matters. Violations 1. Violation of the Code of Ethics a. Council members are expected to abide by the Codes at all times. b. Any Council member not adhering to the Codes shall be in violation of said Codes. 2. Violations of Provisions of the City Charter a. Council members are expected to abide by the articles set forth in the City Charter. b. Any Council member who acts in violation of or in a manner inconsistent with the provisions of the City Charter shall be deemed to have violated the Codes. Page 6 Depending on the circumstances of alleged violations of law or policy, the Council may initiate an investigation of the allegations prior to the filing of a request for any of the actions described in this policy. Nothing in this policy shall preclude individual Council members from making public statements regarding such alleged conduct. In deciding whether or not to open an investigation (whether pursuant to these rules or pursuant to Article N, Section 4.10 of the City Charter), City Council should consider: a. whether a Council investigation may compromise other investigations regarding the same alleged actions, and, if the actions may result in criminal charges, whether the right of the accused Council member to a fair jury trial may be compromised by proceeding with an investigation; b. if persons involved in the allegations may choose to exercise their constitutional right against self - incrimination, which may limit the investigation's ability to present a full picture of alleged events; and c. how to ensure the protection of rights of those accused of violations of law or policy, those making such accusations, and those who have information regarding the accusations. At any point during any of the processes described in this policy, the Council may refer the matter, as appropriate, to the Bexar, Comal or Guadalupe County District Attorney, the Texas Elections Commission, or to another law enforcement agency, for investigation. Following such a referral, the Council may proceed with any actions it chooses to take under the provisions of the City Charter. Deporting Violations Any suspected violation or alleged violation by a Council member must be reported to the Mayor. Any suspected violation or alleged violation by the Mayor shall be reported to the Mayor Pro -Tern and the City Attorney. In the case of a City staff member making the report regarding a Council member, the report shall be made to the City Manager, who will then report it to the Mayor. Upon report, the City Manager and City Attorney will assist the Mayor (or the Mayor Pro -Tern regarding a report concerning the Mayor) in following the procedures addressing violations or alleged violations. Page 7 CIT dfi 9-4-2018 1"inal Procedure for Conducting Inquiries The role of leading an inquiry of any Council member for any violation or alleged violation of this policy lies with the Mayor, Mayor Pro -Tem, and, if approved by Council, an independent attorney or investigator. If the Mayor is the subject of an inquiry, the Mayor Pro -Tem, or the next ranking official by seniority and, if approved by Council, an independent attorney or investigator will lead the inquiry. The City Attorney shall not conduct the investigation of any Council member. All Council members have a right to participate in the inquiry process regarding violations or alleged violations and their subsequent enforcement. Any member of the Council who is the subject of an inquiry shall have the ability to provide a written statement responding to the findings of the inquiry. Enforcement of Violations The members of City Council have the obligation to govern themselves responsibly in the enforcement of any violation of this policy. The objective for establishing rules of enforcement pertaining to this policy is to provide fair, consistent, concise, and efficient guidelines for the use of enforcement against violations of this policy. As a general matter, enforcement of this policy may be progressive, but circumstances may indicate that strong actions be taken immediately. Furthermore, Council is not bound to the enforcement guidelines of this policy, and should make decisions on a case -by -case basis. City Council, as a collective body, may change the order of the disciplinary steps listed below, or may choose not to use any step, depending on the circumstances under review. City Council members may take any appropriate disciplinary action including, but not limited to: ® Cautioning • Cautioning is identified as a verbal reprimand due to a violation of the policy. The cautioning is only a verbal reprimand and shall not be recorded. • A cautioning shall only be administered in private by the Mayor with only one (1) member of Council present. If the Mayor is receiving the cautioning, it shall be administered in private by the Mayor Pro -Tem with only one (1) member of Council present. ® Correction Page 8 4e��tt1•e)3i.c3k0 � '. 9-4-2018 Final • Correction is identified as a verbal reprimand due to multiple policy violations. The correction of any Council member, including the Mayor, will not be administered in writing and shall be conducted in accordance with the Open Meetings Act. • A quorum of Council plus one (1), including the corrected Council member, shall be present during the correction of another Council member. • The City Attorney shall be notified of the correction before the correction is administered and the City Attorney shall be present during the administration of the correction. ® Censure • The act of placing a Council member under censure is an official and public reprimand of a City Council member by the body of the City Council for multiple and /or serious infractions against the City Council Code of Ethics. Therefore, City Council Members who are placed under censure are considered to be `not in good standing' with the body of the Council. • The censure of any Council member, including the Mayor, shall be administered in writing. • Censure may last up to sixty (60) days or as appropriately defined by City Council on a case by case basis. • At the end of the censure period, the censure has expired and shall not be extended. • A Council member placed under censure may return to a good standing status once their censure period has ended. • The body of the City Council may determine to end the censure period of a Council member prior to the conclusion of said period at their discretion. • All censure hearings shall be conducted in accordance with the Open Meetings Act. • Because censures are administered in writing, a censure must be publicly voted on in open session of City Council. The censure of any Council member must be passed by a 2/3 supermajority vote. Page 9 • IWASIM"Im i FII =11#111411"' Mark Davis, City Council Place 9-4-2078 Final City Council Place 5 61 Gutiej�d, City Council Place 2 FA 'I lf� �dwards, T§-r-.�.-Cityy&a�i Place 4 9 An�(4na Kiser, City tZuntil lace 6 MI MI Bert Crawford, City Council Place 7 ei IRIUM City Council October 22, 2019 Meeting: Agenda No. 18. Department: Engineering Subject: Monthly update on major projects in progress /CIP. (B. James /K. Woodlee) Attachments October 2019 . Major Project Update Informational Only M11M4 011106iIEdI11u to] 7_110111111►1I City Council Meeting: October 22, 2019 Department: City Manager Subject: Update on major projects in progresslCIP, City View, Utility Meter Swap Out, AgendaQuick Software and Civic Rec Software Background This is the monthly update on large capital projects that are in progress or in the planning process. This update is being provided so Council will be up to date on the progress of these large projects. If Council desires more information on any project or on projects not on this list, please reach out to staff and that information will be provided. Drainage Proiects: 1. East Dietz Creek Desilting: Vegetation has been established within the channel. C -3 Environmental will need to remove some accumulated silt on the Borgfeld Road end of the channel prior to final acceptance. 2. Drainage Maintenance Projects: Both the Hidden Grove and Greenridge drainage projects have been completed with final payment being issued in mid - October. The projects were delivered under the awarded contract value by $7,980.95. With the project being completed, the project will be removed from future Council updates. Facilities Proiects: 1. Fire Station 3: Site: Site grading is complete, fine grading is at 90 %. Site Concrete is at 95 %, Irrigation install is at 80 %. Sewer Line is complete. Landscaping is at 80 %. Fencing is at 30 %. Utilities are complete and power is on in the building. Exterior: Standing seam metal roofing is complete. Windows are complete. Stone is complete. Exterior tile is at 70 %. Overhead door install is complete. Interior: Drywall and ceiling grid are complete. Paint is at 90 %. Case work and counter tops are at 60% Interior wall the is at 60 %. Interior doors are delivered. HVAC is on at a few units. Apparatus Bay is near complete with flooring polished and ceiling complete, trim out and hanging heaters and fans pending. Major Open items yet to be started are Flooring, Doors and Hardware, and MEP trim out. Pending Exterior items are Striping the parking lot and Detention pond completion. Substantial completion is currently November 2019. Grand Opening is set for 11 -9 -19. Water Proiects: 1. Water Meter Change Out: As of September 30, 2019, approximately 14,839 meters have been changed out (of approximately 14,200 meters). Replacement of meters started in areas with the most manual reads by staff. Staff is currently estimating a November 2019 completion date for all meter change outs. 2. FM 1103 Utility Relocation Project: D. Guerra has begun work on the waterline relocations beginning at FM H 03 and Wiederstein Road. To date, approximately 1,000 linear feet of new waterline has been installed and tested. Work will continue down. FM 1103 towards IH -35. The project is expected to be completed in January of 2020. Engineering Projects: 1. 2018 Street Preservation and Maintenance/Rehabilitation Project: The project has been re -bid based on feedback we received form the first bidding attempt. We held a pre - bid conference on September 19th and six potential bidders attended. Staff issued an addendum on September 26th. The addendum represented answers to all the questions received during the bid process. Bid opening for the project was on October 3rd. Staff is evaluating the responses received. Staff anticipates making an award recommendation to Council in November. 2. Corbett Elevated Water Storage Tank: The pedestal wall construction is approximately 50% complete. Work on Waterline A, which replaces the existing waterline on Schaefer Road, is scheduled to begin in October. The project is expected to be completed July of 2020. 3. Woman Hollering Creek Wastewater Interceptor Main and Lift Station: CobbFendley continues to work on final plan revisions, the lift station plat document, the lift station site plan, and the bid documents. City Staff and CobbFendley continue to negotiate with property owners to acquire necessary easements for the project. Negotiations continue with property owners via email correspondence and face to face meetings. Counteroffer Response Letters have been sent out to several property owners as well as some Final Offer Letters. Four new easements were acquired this month so the total number of easements acquired is now 13 out of a total of 21. 4. Pedestrian Routes and Bike Lanes Project: Ford Engineering has completed the 100% plan revisions as well as the project manual to be submitted to TxDOT for approval. Final design submission to TxDOT is waiting on final environmental clearance. City Staff continues to work to acquire the remaining ROW necessary for the project on E. Live Oak Road. The letting date for the project has been pushed back by TxDOT and is currently set at April 2020. TxDOT Roadway Proiects: 1. FM 1103 Bridge Project: No change from September update. Project is substantially complete. Revegetation is still underway. 2. FM 1103 Improvement Project: Utility relocations are underway (including electric, communications, gas, water, and wastewater). Schertz Public Works is working to relocate water and wastewater lines that conflict with the planned roadway and drainage improvements (see FM 1103 Utility Relocation Project update). The target let date for a construction contract is June 2020. 3. FM 1518 Improvement Project: Project has been environmentally cleared. TxDOT is formally acquiring property needed for the expansion project. Initial offer letters have been sent to property owners. Approximately 140 parcels are affected by right of way needs, including a parcel of land owned by the City of Schertz (across the front of the existing Sedona Lift Station). TxDOT is also continuing to work on a value - engineering phase of the project. The project is currently scheduled for letting in September, 2022; construction may begin as early as January, 2023. Note: Work being performed by TxDOT contractors on FM 1518 between FM 78 and Schaeffer Road is regular maintenance activity (shoulder, base, pothole, guardrail repair and replacement) not related to the larger improvement project. 4. I -35 Operational Improvements Project (FM 2252 to Schwab Road): Work continues on frontage road shoulders and at VIA park and rid lots. Scheduled work during the coming weeks includes concrete traffic barriers and retaining wall work. Lane closures and traffic rerouting will occur as necessary. TxDOT and its contractors will keep City Staff informed of detours and closures so that the City can assist in disseminating the information to the public in a timely fashion. The current schedule includes a project completion in December, 2020. 5. I -35 NEX (I -410 South to FM 1103): A full description of the project to expand I -35 from 14 10 South to FM 1103 can be found by searching keywords "1-3 5 from I- 41.0" at TxDOT.gov. Schematic exhibits of the proposed improvements are available on that website. Public Works and Engineering staff are participating in utility coordination meetings with TxDOT and its contractor regarding relocations that may need to take place in advance of or in conjunction with the roadway construction. Construction is expected to begin in spring of 2021 and take 4 to 5 years to complete. Planning and Community Development Projects: 1. CityView Permitting and Development Software: We are in the final stages of data collection and have been meeting with department representatives to wrap up the collection process. City staff and CityView have agreed on a phased approach for submitting our three modules which will be submitted in the following order Code Enforcement, Planning and Permitting /Inspections. Once the data collection is complete, the CityView Team will configure the software and return it to the City for User Acceptance Testing. The configured software is tested, we will move to staff user training and then go live with the software. A tentative project completion schedule will be determined once configuration of the software has been completed. 2. Agenda Quick software: AgendaQuick has been implemented for the following boards and commissions: City Council, Planning and Zoning, Board of Adjustment, Building and Standards Commission, Committee of Committee Advisory Board, and The Main Street Committee. The City admins will work with fellow staff members as desired to bring the Library Advisory Board, Animal Care Advisory Committee, the Schertz Historical Preservation Committee, the Schertz Parks and Recreation Advisory Board, and the Schertz Tax Increment Reinvestment Zone Number into utilizing the software. Information Technolo2y Proiects: 1. Civic Rec Scheduling System: First meeting with vendor held in June. Vendor to submit tentative training and deployment schedule for review by City staff.