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05-21-2013 Agenda with Backup MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL May 21, 2013, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 05-21-2013 Council Agenda AGENDA TUESDAY, MAY 21, 2013 AT 6:00 P.M. Call to Order – Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Pastor Jeff Roman, Cibolo Valley Baptist Church) Proclamations • Proclamation EMS Week May 19 -25, 2013 (Mayor Carpenter) • Cardiac Arrest Survivor Recognition (D. Wait) Presentations A. Parks and Recreation Advisory Board Presentation to Mr. Robert “Bob” Brockman (B. James/G. Logan/M. Debboun) B. Resolution No. 13-R-41 - Consideration and/or action approving the 2013 Recipients of the Hal Baldwin Scholarship and resolving other matters in connection therewith. (B. Cantu/S. Gonzalez) (Loren Morris and Aruna Kharod) City Events and Announcements • Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. 05-21-2013 City Council Agenda Page - 2 - 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. Discussion and Action Items 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of May 14, 2013. (J. Kessel/B. Dennis) 2. Resolution No. 13-R-40 – Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing Legal Counsel to proceed on behalf of the City of Schertz in opposing the permit application filed by Post Oak Clean Green, Inc., for a landfill, and other matters in connection therewith. (J. Bierschwale/K. Tapley) 3. Resolution No. 13-R-39 – Discussion and consideration and/or action approving a Resolution authorizing a Parks, Recreation and Community Services Department Naming Rights and Endorsement Policy and other matters in connection therewith. (B. James/G. Logan) 4. Resolution No. 13-R-37 - Consideration and/or action approving a Resolution authorizing one (1) permanent water easement agreement with the City of San Antonio for the use, benefit, and control of the San Antonio Water System Board of Trustees, and other matters in connection therewith. (J. Bierschwale/S. Willoughby) 5. Legislative Updates - Presentation/discussion regarding Legislative updates (D. Harris/D. Harris) Roll Call Vote Confirmation Requests and Announcements 6. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information. 9. Announcements by Mayor and Councilmembers • City and community events attended and to be attended 05-21-2013 City Council Agenda Page - 3 - • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.087 Texas Government Code – Deliberation regarding Economic Development Negotiations. Reconvene into Regular Session 10. Take any action deemed necessary as a result of the Executive Session. Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 17th DAY OF MAY 2013 AT 2:30 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis Brenda Dennis CPM, TRMC, MMC, City Secretary 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 _______________, 2013. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 05-21-2013 City Council Agenda Page - 4 - 619-1030 at least 24 hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Mayor Pro-Tem Edwards – Place 4 Audit Committee Hal Baldwin Scholarship Committee Councilmember Fowler – Place 1 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Councilmember Scagliola – Place 2 Animal Control Advisory Committee Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions Sweetheart Advisory Committee Councilmember Antuna - Place 3 ASA Commuter Rail District Board – Lone Star Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember – Verinder – Place 5 Audit Committee Investment Advisory Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: May 21, 2013 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a regular meeting on May 14, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of May 14, 2013. ATTACHMENT Minutes –regular meeting May 14, 2013 05-14-2013 Minutes Page - 1 - MINUTES REGULAR MEETING May 14, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 14, 2013, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Michael R. Carpenter Councilmember Jim Fowler Councilmember David Scagliola Councilmember George Antuna Councilmember Sydney Verinder Staff Present: City Manager John C. Kessel Executive Director John Bierschwale Executive Director David Harris Executive Director Brian James City Attorney Samantha Dyal City Secretary Brenda Dennis Mayor Pro-Tem Edwards was absent. CALL TO ORDER: Mayor Carpenter called the Regular Meeting to order at 6:00 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND THE STATE OF TEXAS. Pastor Ray Brown, Resurrection Baptist Church gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Employee Recognition • Employee Longevity Recognition (J. Kessel/B. Cantu) Mayor Carpenter and City Manager John Kessel presented service pins to the following employees: • Beverly Todd (20 years) • Sandy Bryant (20 years) • Sam Willoughby (25 years) • Gail Douglas (30 years) • Johnny Bierschwale (35 years) Executive Director John Bierschwale was surprised by a plaque presented by his family. Mayor Carpenter moved to the Workshop section of the agenda. Workshop 05-14-2013 Minutes Page - 2 - A. Resolution No. 13-R-38 – Consideration and/or action approving a Resolution authorizing a Memorandum of Understanding with the City of Cibolo to provide water/sewer service between Corridor Loop and Wiederstein Road, and other matters in connection therewith. (J. Bierschwale/S. Willoughby) The following was read into record: RESOLUTION NO. 13-R-38 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF CIBOLO, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter asked Council if they had any questions and/or comments and recognized Councilmember Scagliola who stated that this Memorandum of Understanding is an example of collaboration and a win-win synergy for both Cities. For the record: the City of Cibolo approached the City of Schertz requesting assistance with water and wastewater services in the area. Cibolo is unable to provide adequate water service and pressure to this area without constructing an elevated water tank and is in need of wastewater delivery services to CCMA through Schertz lines. As a cooperative project with a sister city, it is in the best interest of the City to enter into a Memorandum of Understanding with Cibolo to provide these services to the residents of the area outlined in Exhibit A. When the development is complete, up to 350 acre-feet of treated Edwards Aquifer water will be delivered to this area per year. Mayor Carpenter recognized Mr. Robert Herrera, City Manager, City of Cibolo who was in the audience this evening who came forward thanking the City of Schertz. He stated this item would be on their agenda May 28, 2013 for consideration. Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Councilmember Antuna to approve Resolution No. 13-R-38. The vote was unanimous, with Councilmembers Fowler, Scagliola, Antuna, and Verinder voting yes, and no one voting no. Mayor Pro-Tem Edwards was absent. Motion Carried. Mayor Carpenter moved to the Hearing of Residents portion of the agenda to accommodate a special group who had signed up to speak. Hearing of Residents Mayor Carpenter recognized Mr. Andrew Iliff, Principal, John Paul II Catholic High School and honor students of the Graduating Class of 2013 – who presented the Mayor and Council with a portrait of the first Graduating Class thanking the Mayor, Council and Staff for all their support. Presentations • Proclamation National Nursing Home week (Mayor Carpenter) 05-14-2013 Minutes Page - 3 - Mayor Carpenter stated that on Monday, May 13, 2013 he visited Silver Tree Nursing Home and presented a proclamation recognizing National Nursing Home Week, Mayor Carpenter read the proclamation. • Proclamation National Public Works Week (Mayor Carpenter/S. Willoughby) Mayor Carpenter read and presented the proclamation honoring National Public Works Week to Public Works Director Sam Willoughby. • Hal Baldwin Scholarship Award Recommendations (J. Kessel/Mayor Carpenter) Mayor Carpenter stated that the City had received six (6) very qualified candidates and the Committee met and selected two (2) top recipients: Ms. Loren Morris who was chosen to receive $2,500, and Ms. Aruna Kharod who was chosen to receive $1,250. • Presentation regarding the Cibolo Valley Local Government Corporation – The past, present and future. (J. Bierschwale/S. Willoughby) Mayor Carpenter recognized Executive Director of Operations John Bierschwale and Public Works Coordinator Cindy Raleigh who provided a brief PowerPoint on the History and future of the Cibolo Valley Local Government Corporation. Mayor Carpenter moved back to the Hearing of Residents portion of the agenda to accommodate those who have been waiting to speak. 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 who spoke: • Mr. Brad Bailey Executive Director, Randolph Metrocom Chamber of Commerce, 1619 Jasmine Drive, who stated he was here representing the downtown business owners. He spoke on the growing business community and the opportunities. The need to involve the local downtown businesses in the City’s decision making process. 05-14-2013 Minutes Page - 4 - • Ms. Gilisa Lawrence with Kung Jung Mu Sul who came forward invited Council to attend their Family Fun Night, May 17, 2013 6-8 p.m. • Mr. Grumpy Azzoz, 528 Wayward Pass, who spoke on the recent purchase of Salof by GE and the great opportunities. Mayor Carpenter thanked Mr. Azzoz for bringing this up and stated that one of the things in the GE press release was stated that the facility in Schertz has the potential to be the GE Oil and Gas Packaging and Manufacturing Center of excellence. • Mr. Steve White, Board Member of the Veterans Memorial Plaza, 805 Main Street, who provided an update on the Veterans Memorial Plaza thanking many staff members for their help and assistance on the project. Individuals mention: Mr. Brian James, Mr. Bob Cantu, Mr. John Bierschwale, Mr. Chuck VanZandt, Mr. Doug Letbetter, Mr. George Logan, Mr. Juan Santoya, Mr. Rene Zarate, and Robert Martinez. Mr. White stated they have raised $149,242 so far. • Mr. David Richmond, 2921 Bent Tree Drive, who personally thanked Mr. Michael Dahle for his work as Chairman of the School District’s Bond Committee. Mayor Carpenter moved back to the presentation portion of the agenda. Presentations: • Presentation/discussion and direction regarding the Final Report from the EMS Consultant by Fitch & Associates, LLC. (J. Bierschwale/D. Wait) Mayor Carpenter recognized Mr. Tom Little from Fitch & Associates who provided information on the following from their recent report: • Project Scope • Methodology • Executive Summary • Findings and Recommendations Mr. Little addressed questions from Council. Mayor and Council thanked Mr. Little. City Manager John Kessel stated that they have started to put together the plan to address the areas of recommendation from Fitch & Associates. City Events and Announcements • Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director David Harris who announced the following upcoming events: 05-14-2013 Minutes Page - 5 - • Wednesday, May 15, 2013 – Schertz-Cibolo Joint Police Memorial Service, 10:30 a.m., Schertz Police Department. • Friday, May 17, 2013 - 10:30 a.m. TML Legislative Webinar, 10:30 a.m. City Manager’s Conference Room. • Sunday, May 19, 2013 - EMS Golf Tournament, 11:30 a.m. check in, 1:00 p.m. shotgun start, Olympia Hills Golf Course. • Tuesday, May 21, 2013 – Helping a Hero Program Dedication – 11:30 a.m. 2909 Mistywood Lane • Saturday, May 25, 2013 – 12th Annual Wilenchik Memorial Doggie Dash, Pickrell Park, 7:00 – 11:00 am. Race begins at 8:00 am. • Sunday, May 26, 2013 – EMS Banquet and Casino Night, Community Center, 6:00 to 10:00 p.m. • Announcements and recognitions by City Manager (J. Kessel) No further announcements or recognitions were provided. Discussion and Action Items 4. Ordinance No. 13-B-17 – Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing the issuance of “City of Schertz, Texas Tax Notes, Series 2013A”, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the obligations; authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase and Investment letter; complying with the letter of representations with the Depository Trust Company; and providing an effective date. First and Final reading (J. Kessel/A. Friedman – Southwest Securities) The following caption was read into record: ORDINANCE NO. 13-B-17 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF “CITY OF SCHERTZ, TEXAS TAX NOTES, SERIES 2013A”, LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE OBLIGATIONS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE OBLIGATIONS; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE LETTER OF REPRESENTATIONS WITH THE DEPOSITORY TRUST COMPANY; 05-14-2013 Minutes Page - 6 - AUTHORIZING THE EXECUTION OF ANY NECESSARY ENGAGEMENT AGREEMENTS WITH THE CITY’S FINANCIAL ADVISORS AND/OR BOND COUNSEL; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Bond Counsel Mark McLiney and Andrew Friedman with Southwest Securities who introduced this item stating that On May 7, 2013 the City Council authorized staff to pursue financing for the purchase of P-25 Radios and other emergency services related equipment. Mr. Friedman stated they were able to secure a note with Branch Banking and Trust in the amount of $800,000 at an interest rate of 1.30%. The term of the Notes will be 5 years. Mr. Friedman presented the debt service schedule to the Council with the final interest of 1.30%. With the issuance of the Notes, the City will need to budget approximately $167,000 per year for the 5 years. Staff believes that the annual debt service can be absorbed within the existing I&S tax rate. Mr. Friedman stated the finance department ran the numbers and found the City could absorb the new tax notes without increasing taxes. Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve Ordinance No. 13-B-17 First and Final reading. The vote was unanimous, with Councilmembers Fowler, Scagliola, Antuna, and Verinder voting yes, and no one voting no. Mayor Pro-Tem Edwards was absent. Motion Carried. Consent Agenda Items The Consent Agenda is considered to be 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 by the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of May 7, 2013. (J. Kessel/B. Dennis) 2. Ordinance No. 13-T-16 – Consideration and/or action approving an Ordinance authorizing a Budget Adjustment to Fund 314 (Hotel Tax) for modification of concession stands; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final Reading (D. Harris/M. Spence) The following caption was read into record: Ordinance No. 13-T-16 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO FUND 314 (HOTEL TAX) FOR MODIFICATION OF CONCESSION STANDS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 3. Resolution No. 13-R-35 – Consideration and/or action approving a Resolution authorizing an amendment to the Roadrunner Towing contract, and other matters in connection therewith. (J. Bierschwale/Chief Hansen) 05-14-2013 Minutes Page - 7 - The following caption was read into record: Resolution No. 13-R-35 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A NON-CONSENSUAL TOWING AGREEMENT WITH ROADRUNNER TOWING SERVICE, INC., AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Scagliola to approve the Consent Agenda items 1, 2 and 3. The vote was unanimous, with Councilmembers Fowler, Scagliola, Antuna, and Verinder voting yes, and no one voting no. Mayor Pro-Tem Edwards was absent. Motion Carried. Discussion and Action Items 5. Resolution No. 13-R-31 – Consideration and/or action approving a Resolution authorizing changes in the Employee FLSA and Disciplinary policies as contained in the City of Schertz Employee Policy Handbook, and other matters in connection therewith. (J. Kessel/J. Smith) The following caption was read into record: RESOLUTION NO. 13-R-31 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING CHANGES IN THE EMPLOYEE FLSA AND DISCIPLINARY POLICIES AS CONTAINED IN THE CITY OF SCHERTZ EMPLOYEE POLICY HANDBOOK. Mayor Carpenter recognized Human Resource Director Josh Smith, who introduced this item stating that the employee policy handbook was last updated in May, 2008. Many of the policies contained within the policy handbook are now antiquated and/or out of compliance. Staff has performed their due diligence in ensuring the proposed changes to personnel policy are appropriate through the following process: 1. Benchmark best practices of other municipalities in the South-Central Texas Region. 2. Solicit input from key stakeholders and Subject Matter Experts (SME’s) 3. The development of an ad-hoc review committee consisting of individuals from various departments to ensure the policies fit the unique needs, culture, and values of the City of Schertz. 4. Vet policies through other review committees consisting of: a. Administrative Assistants (Gatekeepers) b. Department Heads c. City Management 05-14-2013 Minutes Page - 8 - d. City Employment Attorney e. City Council Mr. Smith stated these policy amendments provide greater clarity to supervisors and employees in their capacity as public servants. Mr. Smith went over the following changes: FLSA Policy • Created a formal policy outlining the laws under FLSA, which regulates hours and wages in the following areas: o Minimum Wage o Child Labor o Equal Pay o Record Keeping o Overtime Pay Disciplinary Policy • Expounded upon criteria for discipline and types of discipline • Created a structured progressive disciplinary process • Created a check and balance system to foster consistency in fairness for how employees are disciplined • Clarified process for final decision making in disciplinary matters • Clarified Appeal process and procedure Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Scagliola to approve Resolution No. 13-R-31. The vote was unanimous, with Councilmembers Fowler, Scagliola, Antuna, and Verinder voting yes, and no one voting no. Mayor Pro-Tem Edwards was absent. Motion Carried. Mayor Carpenter moved back to the Workshop section of the agenda. Workshop B. Presentation/discussion regarding Legislative updates (D. Harris/D. Harris) Mayor Carpenter recognized Executive Director of Support David Harris, who provided information that the Texas Municipal League has brought before them. Mr. Harris highlighted HB 2908, HB 2953 and SB 1466 – which would potentially prohibit ability of cities to regulate individuals holding licenses including lenders. He stated he would suggest 05-14-2013 Minutes Page - 9 - contacting your State Representatives, as this item could potentially prohibit the City from licensing our Contractors. Mr. Harris stated the end of the Legislative Session is Monday, May 27, 2013. Mayor and Council requested that this item be placed back on the next agenda to provide them with an update and more detail. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for the workshop item and regular agenda items1 through 5. Requests and Announcements 6. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements provided. 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Carpenter recognized Councilmember Fowler who requested information regarding flood control regionally and how it affects our City. 9. 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 • Upcoming City Council agenda items Mayor Carpenter recognized Councilmember Fowler who stated he attended the following: • Monday, May 13, 2013, Schertz Sector Plan Open House & Town Meeting Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following events: 05-14-2013 Minutes Page - 10 - • Saturday, May 11, 2013, Cibolo Volunteer Fire Department Sausage Event. Mayor Carpenter recognized Councilmember Antuna who stated he attended the following events: • Tuesday, May 14, 2013, Guadalupe County Commissioners Court He stated that he will be attending the Greater Bexar County Council of Cities meeting Wednesday, May 15, 2013. Mayor Carpenter recognized Councilmember Verinder who stated he attended the following events: • Wednesday, May 8, 2013, GVEC Power Up Grant Presentation at the Veteran’s Memorial Plaza. Councilmember Verinder stated that he will be attending the following upcoming events: • Wednesday, May 8, 2013 – GVEC Power Up Grant Presentation at the Veteran’s Memorial Plaza. • Thursday, May 23, 2013 – Cibolo Valley Local Government Corporation Workshop Mayor Carpenter stated as he was waiting on the election results he was able to spend some time with Mayor Elect Andrew Dalton from Garden Ridge. Mayor Carpenter stated that he had attended the Northeast Partnership meeting Thursday, May 9, 2013. Executive Session Council did not meet. Reconvene into Regular Session 10. Take any action deemed necessary as a result of the Executive Session. No action taken as Council did not meet. Adjournment As there was no further business, the meeting was adjourned at 9: 28 p.m. __________________________________ Mayor, Michael R. Carpenter ATTEST: _________________________ City Secretary, Brenda Dennis 50636625.1 Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: May 21, 2013 Department: Public Works Subject: Resolution 13-R-40 – A resolution authorizing legal counsel to proceed on behalf of the City of Schertz in Opposing the Permit Application Filed by Post Oak Clean Green, Inc. in Connection with a Proposed Landfill BACKGROUND Goal The Carrizo formation and the adjacent Wilcox formation in Guadalupe and Gonzales Counties (the “Carrizo-Wilcox Aquifer”) comprise one of the State of Texas’s major aquifers. The Carrizo-Wilcox Aquifer is being developed as a major source of water for municipal water supply for the increasing populations along the IH-35 and IH-10 corridors, including for the City of Schertz. Post Oak Clean Green, Inc. has filed a permit application for a proposed landfill (the “Post Oak Clean Green Landfill”). The area being considered as part of the Post Oak Clean Green Landfill is in the recharge zone for the Carrizo-Wilcox Aquifer. Various water companies have plans for additional wells for production of groundwater from the Carrizo-Wilcox Aquifer in both Guadalupe and Gonzales Counties. The preservation of the groundwater quality and the long-term availability of groundwater as a reliable source of public water supply are issues of immediate concern. The proposed Post Oak Clean Green Landfill may pose a threat to both the quality and long-term availability of groundwater upon which many residents rely as their source of drinking water. There is a fault line which runs through the proposed site for the Post Oak Clean Green Landfill. In addition, the proposed Post Oak Clean Green Landfill’s proximity to many abandoned oil and gas wells with deteriorating well casings could, with a single accident, storm event, failure of a landfill liner, or instance of human error, have the potential to allow toxic waste from the landfill to 50636625.1 contaminate the Carrizo-Wilcox Aquifer. Contamination of any runoff from the proposed Post Oak Clean Green Landfill would flow directly into Nash Creek, which flows into the Guadalupe River, and could jeopardize public health, safety, and welfare for downstream users by polluting the drinking water supply, making the water unsafe for recreation and domestic animal use, as well as wildlife, and causing costly shutdowns of residential and industrial users of the river’s water supply. The Texas Commission on Environmental Quality (“TCEQ”) has issued an initial determination that the first two parts of the application for the Post Oak Clean Green Landfill are not fatally defective. The Schertz-Seguin Local Government Corporation (the “SSLGC”) opposes the granting of a permit for the Post Oak Clean Green Landfill. It would be beneficial to the SSLGC’s position against the Post Oak Clean Green Landfill to be joined in that opposition by the SSLGC’s member cities, including having the member cities file protesting documents as independent parties. The City is a member city of the SSLGC. Community Benefit Preservation of the municipal water supply for the City of Schertz and surrounding communities. Summary of Recommended Action City staff recommends that the City (1) formally join the opposition to the Post Oak Clean Green Landfill by participating in the legal process, including a request for a contested case hearing; and (2) engage Patrick W. Lindner with Davidson, Troilo, Ream & Garza to act as counsel for the City in the opposition to the permitting of the Post Oak Clean Green Landfill. FISCAL IMPACT Cost associated with engaging Patrick W. Lindner with Davidson, Troilo, Ream & Garza to act as counsel for the City in connection with the contested TCEQ hearing. Because Mr. Lindner will also serve as counsel for this matter to the SSLGC, there should be little additional cost to the City beyond the fees that SSLGC will already be paying for Mr. Lindner’s services. RECOMMENDATION Approval of Resolution 13-R-40. ATTACHMENT(S) Resolution 13-R-40. RESOLUTION NO. 13-R-40 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING LEGAL COUNSEL TO PROCEED ON BEHALF OF THE CITY OF SCHERTZ, TEXAS IN OPPOSING THE PERMIT APPLICATION FILED BY POST OAK CLEAN GREEN, INC. IN CONNECTION WITH A PROPOSED LANDFILL, AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the Carrizo formation and the adjacent Wilcox formation in Guadalupe and Gonzales Counties (the “Carrizo-Wilcox Aquifer”) comprise one of the State of Texas’s major aquifers; and WHEREAS, the Carrizo-Wilcox Aquifer is being developed as a major source of water for municipal water supply for the increasing populations along the IH-35 and IH-10 corridors, including the City of Schertz, Texas (the “City”); and WHEREAS, Post Oak Clean Green, Inc. has filed a permit application for a proposed landfill (the “Post Oak Clean Green Landfill”); and WHEREAS, the area being considered as part of the Post Oak Clean Green Landfill is in the recharge zone for the Carrizo-Wilcox Aquifer; and WHEREAS, various water companies have plans for additional wells for production of groundwater from the Carrizo-Wilcox Aquifer in both Guadalupe and Gonzales Counties; and WHEREAS, the preservation of the groundwater quality and the long-term availability of groundwater as a reliable source of public water supply are issues of immediate concern; and WHEREAS, the proposed Post Oak Clean Green Landfill may pose a threat to both the quality and long-term availability of groundwater upon which many residents rely as their source of drinking water; and WHEREAS, there is a fault line which runs through the proposed site for the Post Oak Clean Green Landfill; and WHEREAS, the proposed Post Oak Clean Green Landfill’s proximity to many abandoned oil and gas wells with deteriorating well casings could, with a single accident, storm event, failure of a landfill liner, or instance of human error, have the potential to allow toxic waste from the landfill to contaminate the Carrizo-Wilcox Aquifer; and WHEREAS, contamination of any runoff from the proposed Post Oak Clean Green Landfill would flow directly into Nash Creek, which flows into the Guadalupe River, and could jeopardize public health, safety, and welfare for downstream users by polluting the drinking water supply, making the water unsafe for recreation and domestic animal use, as well as wildlife, and causing costly shutdowns of residential and industrial users of the river’s water supply; and 50636554.1 - 2 - WHEREAS, the Texas Commission on Environmental Quality has issued an initial determination that the first two parts of the application for the Post Oak Clean Green Landfill are not fatally defective; and WHEREAS, the Schertz-Seguin Local Government Corporation (the “SSLGC”) opposes the granting of a permit for the Post Oak Clean Green Landfill; and WHEREAS, it would be beneficial to the SSLGC’s position against the Post Oak Clean Green Landfill to be joined in that opposition by the SSLGC’s member cities, including having the member cities file protesting documents as independent parties; and WHEREAS, the City is a member city of the SSLGC; and WHEREAS, Patrick W. Lindner, as Counsel for the SSLGC, can provide, without conflict, counsel to the City with little or no additional cost to the City; and WHEREAS, the City staff of the City has recommended that (1) the City formally join the opposition to the Post Oak Clean Green Landfill by participating in the legal process, including a request for a contested case hearing; and (2) the City engage Patrick W. Lindner with Davidson, Troilo, Ream & Garza to act as counsel for the City in the opposition to the permitting of the Post Oak Clean Green Landfill; and WHEREAS, the City Council has determined that it is in the best interest of the City to (1) formally join the opposition to the Post Oak Clean Green Landfill by participating in the legal process, including a request for a contested case hearing; and (2) engage Patrick W. Lindner with Davidson, Troilo, Ream & Garza to act as counsel for the City in the opposition to the permitting of the Post Oak Clean Green Landfill. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby finds that it is in the City’s best interest to formally join the opposition to the Post Oak Clean Green Landfill by participating in the legal process, including a request for a contested case hearing. Section 2. The City Council hereby authorizes the engagement of Patrick W. Lindner with Davidson, Troilo, Ream & Garza to act as counsel for the City in the opposition to the permitting of the Post Oak Clean Green Landfill. 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 Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. 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. 50636554.1 - 3 - Section 5. This Resolution 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 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 7. 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 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 21st day of May, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: May 21, 2013 Department: Parks, Recreation and Community Services Subject: Resolution 13-R-39 Parks, Recreation and Community Services Department Naming Rights and Endorsement Policy BACKGROUND The City’s Parks, Recreation and Community Services Department has developed a Parks, Recreation and Community Services Department Naming Rights and Endorsement Policy (the “Policy”). This “Policy” was developed after the Department was approached by a local corporation that wanted to provide developmental funding for several City of Schertz Parks, Recreation and Community Services Department facilities. The “Policy” identifies several categories that would qualify for naming rights and endorsements by the City Council of the City of Schertz: • Category 1. Parks and Recreation Facilities/property includes real estate, buildings, park roads, whole parks; • Category 2. Memorials/physical items includes gardens, monuments, memorials, rooms, furniture or collections as well as smaller items such as trees, benches, paving stones at specific sites, or individual items within larger collections • Category 3. Branding and Special Programs/Activities includes sponsorships of time-specific activities or endowments for on-going projects or initiatives. Examples might include, but are not limited to: youth sports team uniforms, booths at city wide events, an exhibition booth display, sponsorship of an annual golf benefit tournament, etc After developing the “Policy” city staff presented the “Policy” to the Parks and Recreation Advisory Board (the “Board”) for review and approval. The “Board” approved the policy and made a motion for staff to present the “Policy” to the City Council for their review. Goal Provide funding for existing, future and proposed city and community facilities and projects, enhancing city wide efforts and developing relationships with local benefactors, businesses and corporations. Community Benefit This “Policy” provides for the development of community facilities with local benefactors and corporation assistance. The “Policy” is designed to provide funding assistance for local park, recreation and community facilities throughout the City of Schertz. Summary of Recommended Action Review and approve Resolution 13-R-39 the Parks, Recreation and Community Services Naming Rights and Endorsement Policy. FISCAL IMPACT This action will approve the acceptance of individual, organizational, and corporate funding donations for existing and future Park, Recreational and Community Services facilities. RECOMMENDATION Approve Resolution 13-R-39 authorizing a Parks, Recreation and Community Services Department Naming Rights and Endorsement Policy. ATTACHMENT Resolution 13-R-39 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: May 21, 2013 Department: Public Works Subject: Resolution No. 13-R-37 – Approval of one Permanent Water Line Easement to the City of San Antonio acting though the San Antonio Water System BACKGROUND On April 24, 2012, the City approved four (4) permanent water line easements and three (3) temporary construction easements to the City of San Antonio, acting through the San Antonio Water System Board of Trustees (“SAWS”). On May 15, 2012, the City approved two (2) additional permanent water line easements and two (2) additional temporary construction easements related to the easements approved on April 24, 2012. On May 29, 2012 the City approved one (1) additional permanent water line easement and one (1) additional temporary construction easement related to those easements approved on April 24, 2012 and May 15, 2012. Goal Approval of Resolution Number 13-R-37 for one (1) additional permanent water line easement related to those easements previously approved in 2012. This easement will help facilitate the construction by SAWS of new water lines and related facilities. This easement was missed in the first set of agreements approved in 2012. Community Benefit The new easement will connect to a new water tank facility and will accommodate new water lines and other related facilities. The City sold the property for the new water tank facility to SAWS in October 2011. Summary of Recommended Action City staff recommends approval of Resolution Number 13-R-37 granting one (1) additional permanent water line easement related to those easements previously approved in 2012 to San Antonio Water System. FISCAL IMPACT SAWS will pay the City a total of $350 for the additional easement. The City received $30,300 for the easements granted in 2012. RECOMMENDATION Approval of Resolution No. 13-R-37 ATTACHMENT(S) Resolution No. 13-R-37 with one (1) permanent water easement agreement attached. RESOLUTION NO. 13-R-37 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ONE (1) PERMANENT WATER EASEMENT AGREEMENT WITH THE CITY OF SAN ANTONIO FOR THE USE, BENEFIT, AND CONTROL OF THE SAN ANTONIO WATER SYSTEM BOARD OF TRUSTEES, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the City execute and deliver one (1) permanent water line easement agreement (collectively the “Water Easement Agreement”) with the City of San Antonio for the use, benefit, and control of the San Antonio Water System Board of Trustees (“Grantee”); and WHEREAS, fair market value appraisal has been obtained for the property that will be covered by the Water Easement Agreement; and WHEREAS, the Grantee will pay the City the fair market value for the Water Easement, as determined by the appraisal; and WHEREAS, the City Council has determined that it is in the best interest of the City to execute and deliver to the Grantee the Water Easement Agreement attached hereto as Exhibit A. 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 Water Easement Agreement with Grantee in substantially the form set forth on Exhibit A, with such minor modifications that may be authorized by the City Manager, in consultation with the City Attorney, provided that no such modifications shall be contrary to, or inconsistent with, the Water Easement Agreement attached hereto. 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 50516796.1 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 21st day of May, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50516796.1 A-1 EXHIBIT A WATER EASEMENT AGREEMENT SAWS Parcel: P11-084A Project: SAWS Regional Carrizo Project : Water Delivery Pipeline 1 PERMANENT EASEMENT – WATER NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GUADALUPE § THAT, CITY OF SCHERTZ, TEXAS, a Texas Municipal Corporation, hereinafter referred to as “Grantor”, for and in consideration in the amount of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, to Grantor in hand paid by the SAN ANTONIO WATER SYSTEM BOARD OF TRUSTEES, Bexar County, Texas, has given, granted, sold, conveyed, and dedicated, and by these presents, does give, grant, sell, convey, and dedicate unto the CITY OF SAN ANTONIO, a Texas Municipal Corporation herein referred to as “Grantee” for the use, benefit and control of the said SAN ANTONIO WATER SYSTEM BOARD OF TRUSTEES as such and their successors in office appointed by the City Council of the said City of San Antonio as provided in Ordinance No. 75686, adopted at a regular meeting of said council, April 30, 1992, and subject to the terms and provisions of said ordinance, an easement (the “Easement”) to construct, reconstruct, realign, inspect, patrol, maintain, operate, repair, add, remove and replace water facilities and related appurtenances thereto, including but not limited to an air relief valve, in, on, over and through the lands located in Guadalupe County, Texas as follows: BEING A 0.016 OF AN ACRE (686 SQ.FT.) TRACT OF LAND, MORE OR LESS, OUT OF THE T. HERRERA SURVEY NO. 68, ABSTRACT NO. 153, GUADALUPE COUNTY, TEXAS, ALSO BEING OUT OF A 5.659 ACRE VARIABLE WIDTH DRAINAGE RIGHT-OF-WAY OUT OF THE AMENDING PLAT OF KENSINGTON RANCH ESTATES SUBDIVISION, UNIT 1 P.U.D., A SUBDIVISION RECORDED IN VOLUME 8, PAGES 1-4, PLAT RECORDS OF GUADALUPE COUNTY, TEXAS; SAID 5.659 ACRE VARIABLE WIDTH DRAINAGE RIGHT-OF- WAY BEING THAT SAME TRACT CALLED “TRACT 2” AS DESCRIBED IN A CORRECTION DEED WITHOUT WARRANTY EFFECTIVE APRIL 30, 2012, TO THE CITY OF SCHERTZ, RECORDED IN VOLUME 4070, PAGE 776, OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS; SAID 0.016 OF AN ACRE (686 SQ. FT.) TRACT AS SHOWN ON THE ACCOMPANYING PARCEL PLAT, BEING MORE PARTICULARLY DESCRIBED AND DEPICTED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF (THE “EASEMENT AREA”); SAWS Parcel: P11-084A Project: SAWS Regional Carrizo Project : Water Delivery Pipeline 2 For the purpose of using said Easement Area for any and all things necessary for the construction, reconstruction, realignment, inspection, patrol, maintenance, operation, repair, addition, removal and/or replacement of the water facilities improvements and related appurtenances to be placed within the above described permanent Easement Area. The Grantee expressly agrees that it will remove from said land all surplus material and will cause said land to be left as nearly as possible in the condition as it existed on the Effective Date (as hereinafter defined) prior to the construction of said improvements. Together with the right of ingress and egress over said Easement Area for the purpose of constructing, reconstructing, realigning, inspecting, patrolling, maintaining, operating, repairing, adding and removing said water lines and related appurtenances; the right to relocate said water lines and related appurtenances within said Easement Area; the right to remove from said lands all trees and parts thereof, or other obstructions, which may interfere with the exercise of the rights granted hereunder; and the right of exercise of all other rights hereby granted, and Grantor expressly covenants for itself, its legal representatives, successors and assigns that no building of any kind will be placed in the Easement Area, provided, however, such covenant shall not prohibit the Grantor’s use of the Easement Area for drainage related purposes. The Easement herein granted is subject to the following terms, agreements, reservations, conditions, covenants, limitations, and exceptions: 1. Grantee, on behalf of itself and its successors and assigns, acknowledges and agrees that Grantor, and Grantor’s successors and assigns, shall continue to have the right to use the Easement Area for drainage related purposes. Grantee shall not disturb or otherwise interfere with the Grantor’s, and Grantor’s successors and assigns, use of the Easement Area for drainage related purposes, nor shall Grantee, or Grantee’s successors and assigns, erect or permit the erection of any slabs, structures, or other improvements within the boundaries of the Easement Area which would interfere with the use and enjoyment by Grantor and Grantor’s successors and assigns of the Easement Area for drainage related proposes, provided, however, the foregoing shall not be deemed to prevent Grantee from constructing, maintaining and operating an air relief valve. 2. No equipment or materials may be stored in the Easement Area overnight. 3. The Easement herein granted shall be perpetual until the earlier to occur of (a) the permanent and affirmative abandonment of the use of the Easement by the Grantee, its successors or assigns, or (b) the execution and recordation in the Official Public Records of Guadalupe County, Texas, of an instrument by which the Grantee, or its successors or assigns, as applicable, abandons and releases the Easement. 4. The Easement herein granted shall run with the Benefited Property and be binding upon and inure to the benefit of the Grantor and the Grantee, and their respective successors, assigns, and legal representatives, and shall be binding upon all parties having or acquiring any right, title, or interest in the Easement Area or any portion thereof. SAWS Parcel: P11-084A Project: SAWS Regional Carrizo Project : Water Delivery Pipeline 3 5. The Easement is further made subject to the matters set forth on Exhibit “B” attached hereto and incorporated herein for all purposes (the “Permitted Exceptions”). 6. Grantee, and Grantee’s successors and assigns, shall not permit any claim, lien, or other encumbrance arising from any activity by or on behalf of Grantee, and Grantee’s successors and assigns, or from Grantee’s, and Grantee’s successors and assigns, use of the Easement to accrue against or attach to the Easement Area. 7. The easements, rights, and privileges granted hereby shall be for the benefit of and be restricted solely to the parties hereto, and their successors and assigns, as now or hereafter owning or leasing all or any portion of the Easement Area, provided, however, the foregoing shall not be deemed to limit or restrict Grantee’s ability to retain and utilize contractors and subcontractors to perform work in the Easement Area. No easements, except those expressly set forth herein, shall be implied by this agreement. 8. If either party brings or commences any legal action or proceeding to enforce any of the terms of this Easement Agreement (or for damages by reason of an alleged breach of this Easement Agreement), the prevailing party in such action shall be entitled to the recovery of all costs and expenses of litigation, including, without limitation, reasonable attorneys’ fees, court costs, and costs of appeal. 9. Any notice required or permitted to be given under this Easement Agreement shall be in writing and addressed to the party being notified at the addresses given below and shall be deemed to have been given upon (1) deposit in the United States Mail, Certified Mail, Return Receipt Requested, postage prepaid, or (2) deposit with a nationally recognized overnight delivery service: If to Grantor: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: John C. Kessel, City Manager With a copy to: Fulbright & Jaworski L.L.P. 300 Convent Street, Suite 2100 San Antonio, Texas 78205 Attention: Katherine A. Tapley SAWS Parcel: P11-084A Project: SAWS Regional Carrizo Project : Water Delivery Pipeline 4 If to Grantee: San Antonio Water System 2800 US 281 North, 2nd Floor, Tower I, Suite 226 San Antonio, Texas 78212 Attention: Manager, Corporate Real Estate With a copy to: San Antonio Water System 2800 US 281 North, 6th Floor, Tower I San Antonio, Texas 78212 Attention: Mark Brewton, Corporate Counsel Upon at least ten (10) days prior written notice, each party shall have the right to change its address to any other address within the United States of America. 10. This agreement shall be governed and construed in accordance with the laws of the State of Texas. The parties agree that venue shall be proper in Guadalupe County, Texas. 11. This Easement Agreement is intended to comply with and be performed in accordance with (and only to the extent permitted by) all applicable laws, statutes, ordinances, rules, and regulations. If any term or provision of this agreement, or the application thereof to any person or circumstance, is hereafter held to be invalid or unenforceable for any reason or to any extent, the remainder of this agreement, or the application of such term or provision to persons and circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this agreement shall be valid and enforced to the fullest extent not prohibited by law. 12. This agreement may not be modified except in writing signed by the parties hereto. 13. This Easement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. TO HAVE AND TO HOLD the above described easements and rights unto the said Grantee, its successors and assigns, until the use of said easements shall be abandoned. And Grantor does hereby bind itself, its legal representatives, successors and/or assigns to warrant and forever defend all and singular the above described easements and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, subject, however, to the matters set forth herein. EXECUTED to be effective as of the ________ day of ______________________, 2013 (the “Effective Date”). [ Signatures on the following pages ] S-1 SIGNATURE PAGE TO PERMANENT EASEMENT – WATER EXECUTED as of the date of the acknowledgement to be effective, however, as of the Effective Date. GRANTOR: CITY OF SCHERTZ, TEXAS, a Texas municipal corporation By: _____________________________________ John C. Kessel City Manager STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on this ______ day of _______________, 2013, by John C. Kessel, City Manager of the City of Schertz, Texas, a Texas municipal corporation. (SEAL) Notary Public in and for the State of Texas Printed Name of Notary: My Commission Expires: S-2 SIGNATURE PAGE TO PERMANENT EASEMENT – WATER EXECUTED as of the date of the acknowledgement to be effective, however, as of the Effective Date. GRANTEE: San Antonio Water System, a municipal agency By: Michael S. Brinkmann Vice President / Operations Services THE STATE OF TEXAS § § COUNTY OF BEXAR § This instrument was acknowledged before me on the ____ day of _____________, 2013 by Michael S. Brinkmann, as the Vice President / Operations Services of the San Antonio Water System, a municipal agency, on behalf of said agency. (SEAL) Notary Public in and for the State of Texas Printed Name of Notary: My Commission Expires: List of Exhibits: Exhibit A The Easement Area Exhibit B The Permitted Exceptions Exhibit “A” Exhibit “A” The Easement Area See attached survey plat and field notes Exhibit “B” Exhibit “B” Permitted Exceptions 1. The easement(s) and/or building line(s) affecting the subject property as shown on Map or Plat recorded in Volume 8, Pages 1-4, Map and Plat Records, Guadalupe County, Texas. 2. The terms, provisions, easements, covenants, restrictions and lien for assessments as shown in Restrictions recorded in Volume 2406, Page 223, Volume 2407, Page 80, Volume 2410, Page 742, Volume 2645, Page 258, Volume 2606, Page 968, Volume 2749, Page 155, Volume 3135, Page 64, Volume 3165, Page 746, Volume 4000, Page 184, Volume 4037, Page 239, and Volume 4046, Page 247, Real Property Records, Guadalupe County, Texas; when taken with all Amendments and/or Supplements thereto. Presentation A CITY COUNCIL MEMORANDUM City Council Meeting: May 21, 2013 Department: Parks and Recreation Subject: Parks and Recreation Advisory Board Presentation to Robert “Bob” Brockman BACKGROUND The City of Schertz Parks and Recreation Advisory Board would like to make a presentation to City Council to present a commemorative coin and provide a Certificate of Appreciation to Mr. Robert “Bob” Brockman. Mr. Brockman received a unanimous vote from the Parks and Recreation Advisory Board for recognition of his volunteer efforts to the City of Schertz from May 2007 through May 2013. The following contributions define his role as an involved citizen for the City of Schertz: • Mr. Brockman has volunteered for the City of Schertz from May 2007 through May 2013 • Mr. Brockman was instrumental in funding activities at the Schertz Senior Center, The City Public Library and other City programs and events. • Mr. Brockman assists with seasonal maintenance (mowing and weeding) and tree trimming in City parks and recreational areas. • Mr. Brockman has provided leadership, participated in volunteer efforts, led volunteers in projects and assisted in the location and installation of landscaping and tree plantings at City parks. Mr. Brockman epitomizes the very definition of the Parks and Recreation Advisory Board’s Mission Statement. He promotes the well-being of our community while improving the Quality of Life of the citizens of the City of Schertz. FISCAL IMPACT None RECOMMENDATION Proceed with Presentation Agenda No. B CITY COUNCIL MEMORANDUM City Council Meeting: May 21, 2013 Department: City Manager Subject: Resolution No- 13-R-41 - Hal Baldwin Scholarship BACKGROUND On February 10, 2009, the City Council established the Hal Baldwin Scholarship and on February 5, 2013 the City Council appointed an Advisory Committee to assist the City Council with the Scholarship process for 2013. At the City Council meeting on May 14, 2013, the City Council agreed with the Advisory Committee’s recommendation of the 2013 recipients for the Scholarship. FISCAL IMPACT $3,750 to come from Hal Baldwin Scholarship Fund RECOMMENDATION Adoption of Resolution 13-R-41 ATTACHMENT Resolution 13-R-41 RESOLUTION NO. 13-R-41 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING THE 2013 RECIPIENT OF THE HAL BALDWIN SCHOLARSHIP, AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, on February 10, 2009, the City Council of the City of Schertz, Texas created the Hal Baldwin Scholarship to honor Mayor Hal Baldwin for his many years of public service to the City of Schertz by awarding deserving graduating high school seniors who live in the City of Schertz who desire to pursue a career in public service; and WHEREAS, the City Council appointed an Advisory Committee to assist the City Council with the scholarship process by recommending potential scholarship winners to the City Council; and WHEREAS, the Advisory Committee has recommended that Loren Morris and Aruna Kharod receive the Hal Baldwin Scholarship for 2013. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council hereby awards the 2013 Hal Baldwin Scholarship in the amount of $2,500 to Loren Morris and $1,250 to Aruna Kharod. 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 ordained 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, as amended, Texas Government Code. Section 7. This Resolution shall be in force and effect from and after its final passage. PASSED AND APPROVED on the 21st day of May, 2013. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (City Seal) PROCLAMATION City of Schertz State of Texas WHEREAS, Emergency Medical Service is a vital service in Texas; and WHEREAS, The City of Schertz has long supported and provided Emergency Medical Service in the City and the surrounding communities since 1974; and WHEREAS, The members of the Schertz Emergency Medical Service are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, Access to quality emergency care dramatically improves the survival and recovery rate for those experiencing sudden illness or injury; and WHEREAS, Emergency Medical Service providers have traditionally served as the safety net of America’s health care system; and WHEREAS, The Emergency Medical Service team consists of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, and administrators who engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, It is appropriate to recognize the value and the accomplishments of the Emergency Medical Service providers by designating Emergency Medical Service Week. NOW THEREFORE, in appreciation of their valuable contribution to the City of Schertz and the surrounding communities, that the City of Schertz and the Schertz City Council, hereby commend and congratulate Schertz Emergency Medical Service for their outstanding dedication and pre-hospital medical care to the citizens of the area and hereby join the United States of America and the State of Texas designating May 20-27, 2013, as: “EMERGENCY MEDICAL SERVICES WEEK” IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Schertz to be affixed this 21st day of May in the year 2013. _________________________ Michael R. Carpenter, Mayor