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07-15-2008 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 AGENDA TUESDAY, JULY 15, 2008 AT 6:30 P.M. CALL TO ORDER INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. REGULAR SESSION 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 5 minutes. 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. ANNOUNCEMENTS • General Announcements on meetings/events attended and upcoming events (Council) • General Announcements on meetings/events attended and upcoming events (Mayor) REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of July 8, 2008. 2. Resolution No. 08-R-34? -Consideration and/or action approving Resolution No. 08-R-34 approving a development agreement between NIDHI Partners LTD (La Quinta) and the City of Schertz Economic Development Corporation. (G. Autuna) 3. Ordinance No. 08-E-34 -Discussion and consideration and/or action approving Ordinance No. 08-E-34-calling a Home Rule Charter Amendment Election to be held in the City of Schertz, Texas on November 4, 2008, making provision for the conduct of the election; and resolving other matters incident and related to such election. (Council) First Reading 4. Resolution No. 08-R-35 – Consideration and/or action approving Resolution No. 08-R-35 designating certain officials as being responsible for, acting for, and on behalf of the City in dealing with the Texas Parks & Wildlife Department, for the purpose of participating in the Texas Recreation & Parks Account Indoor Recreation Grant Program. (G. Logan) 7-15-08 Council Agenda 5. Ordinance No. 08-M-35 – Consideration and/or action approving an Ordinance prohibiting drilling and mining for non renewable resources or the reopening of any abandoned well or mine with the exception of water wells in any public park located within the City limits of Schertz, Texas. First Reading (G. Logan) DISCUSSION AND POSSIBLE ACTION 6. City Hall Renovations – Discussion and/or action regarding the City Hall renovations. (J. Bierschwale) 7. Budget Workshops – Discussion and/or action regarding setting upcoming budget workshops with City Council and staff. (D. Harris) ANNOUNCEMENTS – CITY MANAGER AND STAFF • General Announcements on meetings/events attended and upcoming events EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. RECONVENE TO REGULAR SESSION 8. 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 POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 10th DAY OF JULY, 2008 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, TRMC, CMC 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 _______________, 2008. ____________________________Title:__________________________ c . 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 all 619-1030 at least 24 hours in advance of meeting 7-15-08 City Council Agenda Page -2 - 7-15-08 City Council Agenda Page -3 -COUNCIL ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation Committee Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Mayor Pro-Tem Wilenchik Investment Advisory Committee Liaison -Schertz Chamber of Commerce Liaison -Board of Adjustments Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee AACOG Economic Development TML Board of Directors TML Municipal Revenue & Taxation Committee Councilmember Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation Advisory Board Interview Board for the Boards and Commissions Councilmember Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -50th Year Anniversary Committee Liaison -Schertz Youth Commission Liaison – TIRZ II Board Councilmember Scagliola Liaison -Transportation Safety Advisory Advisory Commission Liaison -Schertz Humane Society Alternate Interview Board for Boards and Commissions Liaison – Schertz Sweetheart Court Councilmember Trayhan Liaison -Schertz Housing Authority Audit Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: July 15, 2008 Department: Administration Subject: Minutes BACKGROUND On July 8, 2008 a Regular City Council Meeting was held at the Municipal Complex Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the July 8, 2008 minutes. ATTACHMENT Minutes 7/8/08 City Council Regular Meeting July 8, 2008 211 MINUTES REGULAR MEETING July 8, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 8, at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present, to-wit: Mayor Hal Baldwin Mayor Pro-Tem Tony Wilenchik Council Member Jim Fowler Council Member David Scagliola Council Member John Trayhan Council Member Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager David Harris Assistant City Manager John Bierschwale City Attorney Michael Spain City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Council Member Carpenter gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. HEARING OF RESIDENTS Mayor Baldwin recognized recognized the following: Ms. Frances Rushing, Schertz Chamber of Commerce President, publically thanked members of the City of Schertz staff for their excellent volunteer work on making it a very successful Jubilee and that without them it would not have been possible. Mr. Carl Douglas, 2550 Woodland Village Place, spoke on the issue of the Council setting compensation. He stated that the Charter is clear that Council can set compensation for themselves and that it isn’t necessary to take this to the voters. Robert Brockman, 1000 Elbel, spoke on the public hearing for Ordinance No. 08-S-32–ZC 2008-005 Valvoline Subdivision item. City Attorney, Michael Spain, explained why this item was posted as a public hearing. Council General Announcements: Mayor-Pro Tem Wilenchik • Stated that the book “2008 Building Texas-The Tax and Budget Primer” passed out to Council centers on where taxes are being paid. City Council Regular Meeting July 8, 2008 212 Council Member Fowler • Stated that the Jubilee and the 4th of July parade was a great success. Stated that is was a perfect day, no rain, and thanked everyone involved in making it a success. Council Member Scagliola • Stated that the 4th of July parade was very well orchestrated and thanked everyone for a great event. He also stated that the performance of the United States Air Force Band of West at the Civic Center, on July 5th was 1st rate. Council Member Trayhan • Stated that the Jubilee and 4th of July parade was a great success and thanked the City staff and the Chamber for a great event. Council Member Carpenter • Stated that the 4th of July parade had an amazing turn out; also that the Jubilee was a great event for family and friends. Items by Mayor • Stated that the 4th of July parade was a great success and publically congratulated the Chamber and City staff on a great Jubilee event. He mentioned that he had received calls from citizens expressing their congratulations on a great event. REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of July 1, 2008. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Fowler to approve the minutes of July 8, 2008. Vote was unanimous. Motion Carried 2. Ordinance No. 08-G-31 – Consideration and/or action approving Ordinance No. 08-G-31 setting the City Council compensation. Final Reading (Mayor and Council) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item answering questions from Council. Mayor Baldwin, Council Member Scagliola and Mayor Pro-Tem Wilenchik expressed that they would like to take this to the voters and did understand that the City Charter states that Council can set their own compensation. Council Members Carpenter, Trayhan and Fowler stated their views for approval regarding this item as well. Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Council Member Member Trayhan to approve Ordinance No. 08-G-31 final reading setting the City Council compensation. Vote was 3-2-0 with Council Members Scagliola and Mayor Pro-Tem Wilenchik voting no. Motion Carried. 3. Bid Award-Consideration and/or action awarding a bid to Centuries Industries for a Showmaster 3000 Series portable stage. (E. Matlock/G. Logan) City Council Regular Meeting July 8, 2008 213 This item was withdrawn from the agenda. PUBLIC HEARINGS AND ORDINANCE APPROVAL 4. Ordinance No. 08-S-32-ZC 2008-005 Valvoline Subdivision – Conduct a public hearing and consideration and/or action upon a request to rezone 1.38+/-acres of land out of the T. Herrera Survey No. 68, Abstract No. 153, City of Schertz, Guadalupe County, Texas being Lot 1, Block 1 of the Valvoline Subdivision and Lot 1, Block 1 of the FM-3009 Laserwash Subdivision from Office Professional District (OP) to Planned Unit Development (PUD). The property is on the west side of FM-3009 (Roy Richard Drive) located approximately 229 feet north of Savannah Drive. Final Reading (T. Rhodes) Mayor Baldwin recognized Planning Director, Thomas Rhodes, who introduced this item answering questions from Council. Mayor Baldwin opened the public hearing, as no one spoke; Mayor Baldwin closed the public hearing. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Carpenter to approve Ordinance No. 08-S-32 final reading. Vote was unanimous. Motion Carried 5. Ordinance No. 08-M-33 -ZC2008-008 Comprehensive Land Plan -Conduct a public hearing and consideration and/or action regarding proposed amendments to Chapter 4, Land Use, of the City of Schertz Comprehensive Land Plan. First Reading (T. Rhodes) This item was withdrawn from the agenda. ANNOUNCEMENTS – CITY MANAGER AND STAFF • General Announcements on meetings/events attended and upcoming events Mayor Baldwin recognized City Manager Don Taylor who publically thanked all the City staff volunteers who made the Jubilee event a tremendous success and stated that he was very proud to work with such an excellent staff who volunteered so much time on their own. Mayor Baldwin recognized Assistant City Manager David Harris who updated the City Council on recent meetings held with Lowes regarding the Mobile Village Estate neighbor concerns on speaker noise, drainage, and visual barriers on the south side and lighting issues. Mr. Harris stated that all issues have been resolved. Mayor Baldwin recognized City Attorney Michael Spain who stated that he provided Council with a draft ordinance of the Charter amendments discussed at their last meeting for their review. He went over the details of how he worded the propositions that would be placed on the ballot. Mr. Spain stated that he would be out of town for the next meeting of July 15, 2008 and can address any issues or concerns with the Council on the final reading. City Council Regular Meeting July 8, 2008 214 EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Section 551.074 – Deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the City Secretary. Mayor Baldwin adjourned regular meeting to executive session at 7:08 p.m. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened regular meeting at 7:44 p.m. 6. Take any action deemed necessary as a result of the Executive Session. Mayor Baldwin recognized Council Member Fowler who moved seconded by Council Member Scagliola to proceed with condemnation on the following properties owned by the following people: Jorge A. Infante and Flor M. Infante, Alonzo Ramirez, Jr. and Celia F. Ramirez, Jeanette Rowland Kindla, William M. Woods and Elsie E. Woods, Noelia Montalvo Munoz and Sylvia Montalvo Ramirez and Ruth Gouner and Harris L. Gouner, Trustee of the Harris L. Gouner Revocable Living Trust. Vote was unanimous. Motion Carried. Mayor Baldwin recognized Council Member Trayhan who moved seconded by Mayor Pro-Tem Wilenchik to approve the purchase of Lot 1 Block 29 in the Live Oak Hills Subdivision from Mr. Richard B. DeBenedetto in the amount of $3,950. Vote was unanimous. Motion Carried. Mayor Baldwin recognized Council Member Trayhan who moved seconded by Mayor Pro-Tem Wilenchik to increase the City Secretary’s pay by five percent effective immediately. Vote was unanimous. Motion Carried. Mayor Baldwin publically thanked City Secretary Brenda Dennis for the great job that she is doing for the City. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 7:44 p.m. ______________________________ Hal Baldwin, Mayor ATTEST: _____________________________________ Brenda Dennis, TRMC, CMC City Secretary Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: July 15, 2008 Department: Economic Development Subject: Resolution No. 08-R-34 -Approval of a Development Agreement between NIDHI Partners, LTD. and the City of Schertz Economic Development Corporation in the amount of $30,000 and authorizing a budget transfer BACKGROUND NIDHI Partners, Ltd. made a development application to construct a La Quinta Inn & Suites in the fall of 2007. This new hotel will have 81 rooms-60 of them are suites-and a 40 person conference room. At the City of Schertz Economic Development Corporation meeting on April 24, 2008, the board of directors voted to deliver a cash grant to NIDHI Partners, Ltd. (NIDHI) for $30,000. These monies are to be used by NIDHI for the construction of the hotel located at 17650 Four Oaks Lane in the City of Schertz. The monies reimburse a portion of the costs of the capital impact fees assessed on the project. Because this project has a large number of living unit equivalent (LUE) measures, the City and CCMA were able to assess over $161,000 on the developers in the form of capital recovery fees. Of this amount, the City assessed approximately $98,000. The $30,000 from 4B dollars reimburses a portion of these costs. The following is an exact breakdown of the fees charged by the City of Schertz for capital recovery: Schertz Water Capital Recovery Fee $60,828 Schertz Sewer Capital Recovery $36,828 $97,656 FISCAL IMPACT AND ANALYSIS: The La Quinta Inn & Suites is a $4,000,000 investment in the City of Schertz and will employ 20 people. NIDHI will pay the following ad valorem amounts to the three taxing entities in the City of Schertz on a yearly basis: Taxing Jurisdiction Net New Taxes Paid City 18,405 County 17,528 School District 59,175 Ad Valorem Revenues/yr. Error! Unknown document property name. City Council Memorandum Page 2 With respect to Hotel Occupancy Tax (HOT), NIDHI estimates first full-year revenues at $2,000,000. This translates to approximately $140,000 in HOT funds on a yearly basis. The following chart gives a breakdown of the taxes (ad valorem and HOT) paid by NIDHI on a yearly basis: Current Values Projected Values Land $ 384,689.00 $ 384,689.00 Improvements $ -$ 4 ,000,000.00 Personal Property $ -$ 500,000.00 Inventory Total Values $ 384,689.00 $ 4,884,689.00 Tax Rate 0.409 0.409 REVENUE/YEAR Current Values Projected Values Land $ 1 ,573.38 $ 1,573.38 Improvements $ -$ 16,360.00 Personal Property $ -$ 2,045.00 Inventory $ -Ad Valorem Revenues $ 1,573.38 $ 1 9,978.38 Sales Tax $ -Hotel/Motel Tax Jan 09-Dec. 09 (Year 1) $ 140,000.00 Payroll $ -$ 400,000.00 Multiplier @.6% $ -$ 2,400.00 REVENUE/YEAR PHASE 1: Year 1 Revenues $ 1 50,953.38 Tax Benefits Breakdown NIDHI Partners, Ltd. Estimate based on Schertz 2007-08 tax rate .409 Employee Salaries and Benefits NIDHI’s salaries for employees are typical of the industry sector. DEVELOPMENT AGREEMENT The development agreement requires NIDHI to do the following by July 31, 2010: 1. Construct and operate the hotel and maintain full-time operation; 2. Employ at least 20 full-time positions; and 3. Have taxable sales of at least $2,000,000, as measured by HOT in an amount at least equal to or greater than $140,000. City Council Memorandum Page 3 Economic Impact Analysis (City of Schertz Only) Regional Analysis for Schertz, TX and a 3 County Region 48029, 48187, and 48091 counties This output worksheet provides estimates of the direct, indirect, induced, and total effects of the development on employment, income, and tax receipts. The estimates are based on the data entered in the Data Entry sheet. No data are to be entered on this sheet. Estimated Effects of Project on Employment, Investment, and Spending Estimated Effects of Project on Tax Receipts Indirect & Indirect & Direct induced Total Direct induced Total Employment 20 10 30 Property tax receipts Project Investment Total payroll $400,000 $200,000 $600,000 Real $16,360 $818 $17,178 Personal $2,045 $102 $2,147 Investment Residential $409 na $409 Real $4,000,000 $200,000 $4,200,000 Distribution of property tax receipts Personal $500,000 $25,000 $525,000 to schools $0 $0 $0 Residential $100,000 na $100,000 Elsewhere $18,814 $920 $19,734 Sales tax receipts Spending subject to sales or franchise tax to county from Sales tax in region from project $0 Project spending $0 $0 $0 Franchise tax from project $10,000 Consumer spending $0 $0 $0 Consumers, total: $40,000 to specific city/town from in region $8,000 $4,000 $12,000 Business spending $0 $0 $0 in city/town $560 $280 $840 Consumer spending $11 $6 $17 to all other cities/towns in region from Business spending $0 $0 $0 Consumer spending $149 $74 $223 Other ongoing tax receipts in specific city/town $0 $0 $0 elsewhere in region $140,000 $70,000 $210,000 Estimated Total Tax Receipts Estimated Tax Receipts per Direct New Job Indirect & Indirect & Direct Induced Total Direct Induced Total Total Tax Receipts $159,004 $71,000 $230,004 Tax Receipts per Direct Job $7,950.20 $3,550.01 $11,500.21 Sales tax receipts in city $11 $6 $17 Sales tax receipts in city $0.56 $0.28 $0.84 Franchise fees in city from project $30 $0 $30 Franchise fees in city from project $1.50 $0.00 $1.50 Sales taxes in other cities $149 $74 $223 Sales taxes in other cities $7.44 $3.72 $11.16 Sales taxes for region $0 $0 $0 Sales taxes for region $0.00 $0.00 $0.00 Property tax receipts in region $18,814 $920 $19,734 Property tax receipts in region $940.70 $46.01 $986.71 Other ongoing taxes in region $140,000 $70,000 $210,000 Other ongoing taxes in region $7,000.00 $3,500.00 $10,500.00 Summary Interpretation of Data Additional Payroll. The20 new jobs associated with the proposed project are projected to directly result in $0.4 million in additional payroll. Assuming a local economic impact multiplier of 1.5, each dollar of direct payroll will generate an additional 50 cents of indirect and induced wage income locally, for a total addition to payroll of $0.6 million. Property Tax Receipts. Assuming that the $4.5 million investment in plant and equipment associated with the project ultimately finds its way onto the property tax rolls, property taxes associated directly with the project could total $18,814 annually. And assuming a local economic impact multiplier of of 1.5, and a constant capital to output ratio, the $4.5 million capital investment could also result in an additional $0.225 million in indirect and induced investment subject to property taxes. If the 20 new jobs generate demand for1 new housing units with an average value of $125,000, the proposed project could expand the residential property tax rolls by as much as $0.1 million. Such as impact would be associated with approximately $409 in new property tax receipts annually. Sales Tax Receipts. Assuming that the volume of consumer purchases subject to sales tax averages 10% of personal income, the additional payroll would add $240 annually to sales tax collections in the region. Miscellaneous project purchases not exempt from sales taxes estimated at $0 million, might, given the corresponding multiplier expenditures, add $0 annually to sales tax collections in the region. Total Tax Receipts. The project as outlined could be expected to generate total direct and indirect tax revenue in the region equal to $230,004. Of this amount, $19,734 would come in the form of higher property tax receipts in the region. An additional $16 of city sales taxes would be generated in Schertz, TX and $223 sales tax revenue would be generated in other cities and towns in the region. Total tax revenue generated in the area is estimated at $11,500 per new direct job. RECOMMENDATION Approval of Resolution 08-R-34 approving a Development Agreement between the EDC and NIDHI. ATTACHMENT Resolution 08-R-34, with the Development Agreement attached RESOLUTION NO. 08-R-34 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION AND NIDHI PARTNERS, LTD., 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 approve a Development Agreement between the City of Schertz Economic Development Corporation and NIDHI Partners, Ltd., relating to economic development incentives for a new La Quinta hotel facility in the City; 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 approve and deliver a Development Agreement with the parties described therein 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 15th day of July, 2008. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 50084258.1 EXHIBIT A DEVELOPMENT AGREEMENT See attached 50084258.1 A-1 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this “Agreement”) is dated July 15, 2008 between CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation (the “EDC”), and NIDHI PARTNERS, LTD., a Texas limited partnership (“NIDHI”), as follows: WHEREAS, NIDHI will establish and operate in an approximately 50,000 square foot hotel facility (the “Facility”) in the City of Schertz, Texas (the “City”); and WHEREAS, the location and operation of such business will increase the tax base of the City and other taxing entities and enhance job opportunities for area citizens; and WHEREAS, the EDC is a tax-supported non-profit corporation created under Article 5190.6, Texas Revised Civil Statutes, Section 4B, whose primary revenue is derived from sales tax collected within the City and which is committed to assist in the creation of new jobs, the retention of existing jobs, and increasing capital investment in the private sector within the City; and WHEREAS, the EDC and NIDHI acknowledge that the location and operation of the Facility in the City will require a substantial investment by NIDHI and will benefit the entire City and its citizens by expanding the tax base and job opportunities in the City and other taxing entities; and WHEREAS, the EDC, in its negotiations with NIDHI, has offered to pay $30,000 to be used by NIDHI as an incentive to NIDHI to locate its business in the City; WHEREAS, NIDHI and the EDC have agreed to comply with the provisions of this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by the EDC and NIDHI as follows: 1. In consideration of NIDHI entering into this Agreement and complying with the terms set forth herein, the EDC shall pay NIDHI an economic incentive of THIRTY THOUSAND DOLLARS ($30,000.00) (the “Incentive Amount”). The Incentive Amount must be earned by NIDHI on or before July 31, 2010. The EDC shall have no obligation to pay any Incentive Amount under this Agreement after such date. Such amount is subject to recapture in whole or in part as set forth herein. 2. NIDHI agrees to comply with the following performance requirements: (a) NIDHI shall construct and operate a minimum 49,000 square foot hotel facility in the City; begin and maintain full-time operation; and employ (and thereafter maintain) at least twenty (20) full-time positions. (b) During the term of this Agreement, commencing February 1, 2009 (the proposed opening date for the Facility), NIDHI shall have taxable sales at the Facility of at least $2,000,000. 3. On or before July 31, 2010, NIDHI shall provide the EDC an executed Affidavit in the form attached hereto as Exhibit A. Thereafter, NIDHI shall provide written notice to the EDC if at any time less than twenty (20) full-time employees are working at the Facility. If NIDHI has not achieved taxable sales at the Facility of at least $2,000,000 at the time it files the above-described Affidavit, it shall provide written notice to the EDC when it achieves such level of taxable sales. 4. NIDHI shall permit such person or persons as the EDC may designate to inspect, audit, and copy NIDHI books and records pertaining to the matters set forth herein to the extent necessary to confirm NIDHI’S performance of its obligations under this Agreement. Such inspections and audits shall be undertaken no more than twice in any calendar year and shall be performed at NIDHI’s facilities in the City during normal business hours and upon reasonable advance notice to NIDHI. The EDC shall pay the EDC’s costs for any such inspection and audit which confirms NIDHI’s compliance with the terms hereof; however, if such inspection and audit results in the material breach (as determined by the EDC) of any such terms resulting in a Default under paragraph 5 below, NIDHI shall pay the EDC’s reasonable costs of such inspection and audit within thirty (30) days after demand by the EDC. 5. Under the following circumstances, which are each deemed a default under this Agreement if not properly cured pursuant to paragraph 6 hereof (each, a “Default”), the EDC, at its sole discretion, may terminate this Agreement and/or refuse to pay any unpaid Incentive Amount without further liability to NIDHI: (a) the appointment of a receiver for NIDHI of all or any substantial part of its property, and the failure of such receiver to be discharged within ninety (90) days thereafter; (b) the adjudication of NIDHI as bankrupt; (c) the filing by NIDHI of a petition or an answer seeking bankruptcy, receivership, reorganization, or admitting the material allegations of a petition filed against it in any bankruptcy or reorganization proceeding; (d) NIDHI fails to pay all ad valorem taxes assessed against or any property owned by NIDHI within the City prior to their delinquency date; (e) NIDHI fails to timely render all property owned by NIDHI and located at the premises to the Guadalupe County Appraisal District in accordance with the requirements of the Texas Property Tax Code and this Agreement; (f) NIDHI fails to pay all sales taxes due as a result of its operation at the Facility prior to their delinquency date; 2 (g) NIDHI fails to pay any federal or state employment or unemployment taxes due as a result of its operation at the Facility prior to their delinquency date; or (h) NIDHI fails to pay any charges due to the City prior to the delinquency date thereof. 6. NIDHI shall give the EDC prompt written notice of any such Default at the address set forth on the signature page of this Agreement. In addition, The EDC shall give NIDHI written notice of any Default by NIDHI of which the EDC is aware by certified mail return receipt requested, at the address set forth on the signature page of this Agreement. NIDHI shall have thirty (30) days after mailing a notice of Default to the EDC or receiving a notice of Default from the EDC to cure the Default or, if such Default cannot be reasonably cured within such thirty (30) day period, to initiate such cure and prosecute it to completion in a reasonable time, as determined by the EDC. If NIDHI fails to timely cure any such Default, this Agreement shall automatically terminate terminate without further notice from the EDC and all obligations of the EDC to make any payment of the Incentive Amount to NIDHI shall cease. If any Default occurs after NIDHI has received the Incentive Amount from the EDC, NIDHI shall reimburse all such funds related to such prior time period to the EDC within ten (10) days of written demand therefore by the EDC. 7. NIDHI shall give the EDC written notice of any Default by the EDC by certified mail return receipt requested, to the address set forth on the signature page of this Agreement. The EDC shall have thirty (30) days after mailing of the notice of Default to cure the Default or if such Default cannot be reasonably cured within such thirty (30) day period to initiate such cure and prosecute it to completion in a reasonable time. If the EDC fails to timely and fully cure the act of default, NIDHI shall be entitled to pursue its remedies as provided herein. 8. NIDHI agrees to reimburse the EDC all or a portion of the Incentive Amount as follows: (a) If NIDHI fails in any year to meet the requirements of paragraph 2(b) by July 31, 2010, it shall reimburse the EDC the entire Incentive Amount. (b) If NIDHI fails at any time after receiving the Incentive Amount to employ twenty (20) full-time employees at the Facility, it shall reimburse the EDC $1,000 for each such employee under a total of twenty (20). 9. NIDHI specifically agrees that the EDC shall only be obligated to pay NIDHI the Incentive Amount set forth in paragraph 1 and shall not be liable to NIDHI for any other or consequential damages, direct or indirect, attorney’s fees, court costs, or any other amount for any act of default by the EDC under the terms of this Agreement. It is further specifically agreed by NIDHI that the EDC shall only be required to make the payment set forth in paragraph 1 solely out of its sales tax revenue currently collected, allocated and budgeted and to be allocated, budgeted and collected for the EDC during the term of this Agreement. Payment by the EDC is strictly limited to those funds so allocated, budgeted and collected solely during the term of this Agreement. The EDC shall use its best efforts to anticipate economic conditions and to budget 3 accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any year be less than the total amount of economic development incentives to be paid to all contracting parties (including but not limited to NIDHI) with the EDC for that year, then, in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue to that year, less the EDC’s customary and usual costs and expenses as compared to each contracting parties’ economic development incentives for that year, and the EDC shall not be liable to NIDHI for any such deficiency at that time or at any time in the future. 10. NIDHI represents and warrants as follows: (a) All documentation (invoices, certifications, wage information, etc.) either previously provided to the EDC or subsequently provided to the EDC pursuant to the terms of this Agreement are or will be true and correct representations of the matters set forth therein. (b) No officer, director or employee of the EDC or the City has been or will be compensated in any manner with respect to directly or indirectly in respect to the negotiation and execution of this Agreement and the payment to NIDHI of the economic development incentives as provided herein. 11. NIDHI further represents and warrants as follows: (a) NIDHI certifies that its operation within the City does not knowingly and will not knowingly employ an undocumented worker, as defined in Chapter 2264, Subchapter A, Texas Government Code, as amended (the “Act”). (b) Pursuant to the Act, if NIDHI is convicted of a violation under 8 U.S.C. Section 1324a(f), after receiving all or any portion of the Incentive Amount payment described in paragraph 1, NIDHI shall promptly give the EDC written notice of such violation, and NIDHI shall repay the amount of the payment with interest, at a rate of 7 % per annum not later than the 120th day after the date NIDHI notifies the EDC of the violation. 12. This Agreement shall have a term ending on satisfaction by NIDHI of the requirements of paragraphs 2(a) and (b), but in no event later than July 31, 2010. This Agreement may be terminated earlier by NIDHI as set forth in paragraph 18. 13. No term or provision of this Agreement or act of the EDC in the performance of this Agreement shall be construed as making the EDC or its officers, directors, agents or employees, the agent, servant, employee or contractor of NIDHI or shall create a partnership between the EDC and NIDHI. 14. NIDHI shall not make any use of the EDC’s name for publicity in connection with NIDHI’s business or activities without the prior written consent of the EDC. The EDC may make known its payments to NIDHI under this Agreement in whatever manner it deems appropriate in its sole discretion. 4 15. The EDC agrees to maintain all records and information provided by NIDHI confidential unless disclosure of such records and information shall be required by a court order, a lawfully issued subpoena, or to the provisions of the Texas Public Information Act, Chapter 552 of the Texas Government Code, as amended. 16. All prior representations, warranties, or covenants of the parties, as well as any rights and benefits of the parties relating to the subject matter of this Agreement, shall survive the execution hereof. 17. In case any one or more of the provisions, clauses, phrases or words contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Each party acknowledges that both parties have had the opportunity to be represented by counsel, that the terms of this Agreement were negotiated between the parties and that this Agreement will be construed as having been drafted equally by both parties. 18. This Agreement may not be assigned by NIDHI without the prior written consent of the EDC. NIDHI may not sell or otherwise transfer any interest in the Facility without the prior written consent of the EDC; however, NIDHI may make any such transfer without such consent if it reimburses the EDC the entire Incentive Amount and notifies the EDC that it is terminating this Agreement. 19. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Guadalupe County, Texas. 20. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective successors and permitted assigns. 21. In the event of a dispute between the EDC and NIDHI over issues related to this Agreement, the parties agree to submit such disputes to mediation by a mutually agreeable mediator prior to the institution of any suit to attempt to resolve the dispute or to enforce the terms of this Agreement. 22. Either party to this Agreement who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement or transaction, shall be additionally entitled to recover court costs and reasonable attorney’s fees from the nonprevailing party, except as specifically otherwise provided herein. 23. This Agreement constitutes the sole and only agreement of the parties hereto relating to the subject matter of this Agreement and supersedes any prior understandings or written or oral agreements between the parties respecting such subject matter. 5 24. The obligations of the EDC under this Agreement are subject to the approval thereof by the City Council of the City in accordance with the requirements of Article 5190.6, Texas Revised Civil Statutes, and the Articles of Incorporation and Bylaws of the EDC. If the EDC is unable to obtain such approval, this Agreement shall not become effective. 25. This Agreement may be amended with the written consent of the EDC, NIDHI and the City Council of the City. EXECUTED July 15, 2008. CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION By: ________________________________ Steven White President 1400 Schertz Parkway Schertz, TX 78154 Telephone: (210) 619-1070 Facsimile: (210) 619-1769 EXECUTED July 15, 2008. NIDHI PARTNERS, LTD. By: ______________________________ Name: Kalpana Vasvani Title: General Partner 201 Quarry Spring Dr. San Marcos, TX 78666 Telephone: (512) 787-4486 Facsimile: (512) 667-6774 6 APPROVAL BY CITY OF SCHERTZ The obligations of the EDC as set forth above were approved by the City Council of the City of Schertz in accordance with the requirements of law. EXECUTED July 15, 2008. CITY OF SCHERTZ By: __________________________________________ Don Taylor City Manager 7 EXHIBIT A AFFIDAVIT OF COMPLIANCE TO: City of Schertz Economic Development Corporation 1400 Schertz Parkway Schertz, Texas 78154 Attention: Director of Economic Development ____________________ Date Re: Development Agreement dated _________, 2008 (the “Development Agreement”) between the City of Schertz Economic Development Corporation (the “EDC”) and NIDHI Partners, LTD. (“NIDHI”) NIDHI hereby represents and warrants to the EDC as follows: 1. The undersigned has read and is thoroughly familiar with the provisions of the Development Agreement. Hereinafter, unless otherwise expressly provided herein or unless the context requires otherwise, the capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Development Agreement. 2. NIDHI is in complete compliance with the requirements of Section 2(a) of the Development Agreement. NIDHI has achieved the following level of taxable sales in accordance with Section 2(b) of the Development Agreement: $2,000,000 3. Check the correct box. At no time from the date of the Development Agreement to the date hereof (the “Review Period”) has NIDHI been in Default under the Development Agreement. During the Review Period, NIDHI was in Default under the Development Agreement as follows and has taken the following corrective actions: ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ 4. Throughout the Review Period, to the knowledge of the undersigned, following reasonable inquiry, NIDHI [check the correct box] has has not knowingly employed an undocumented worker, as defined in Chapter 2264, Subchapter A, Texas Government Code, as amended. During the Review Period, NIDHI [check the correct box] has has not been convicted of a violation under 8 U.S.C. Section 1324a(f). 8 9 5. NIDHI has not sold or transferred any interest in the Facility. NIDHI PARTNERS, LTD. By: ______________________________ Name: Kalpana Vasvani Title: General Partner 201 Quarry Spring Dr. San Marcos, TX 78666 Telephone: (512) 787-4486 Facsimile: (512) 667-6774 STATE OF TEXAS § § COUNTY OF __________ § This instrument was acknowledged before me on the ______ day of ____________, 20__, by __________________, _______________ for NIDHI PARTNERS LTD., a Texas limited partnership. Notary Public, State of _________________ My commission expires: _______________ Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: July 15, 2008 Department: Administration Subject: City Charter Amendments BACKGROUND The City Council has discussed presenting possible amendments to the City Charter to the voters at the November 4, 2008 election. A draft Ordinance calling such an election is attached. FISCAL IMPACT Cost of conducting the election, estimate $9,000 RECOMMENDATION Adoption of Ordinance No. 08-E-34 on first reading ATTACHMENT Ordinance No. 08-E-34 Election Schedule DRAFT ORDINANCE NO. 08-E-34 AN ORDINANCE CALLING A HOME RULE CHARTER AMENDMENT ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS ON NOVEMBER 4, 2008; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION AND DECLARING AN EFFECTIVE DATE WHEREAS, pursuant to Section 12.04 of the Home Rule Charter (the “Charter”) of the City of Schertz, Texas (the “City”), the City Council of the City, by majority vote of the full membership of the City Council reflected in this Ordinance, has recommended amendments to the Charter; and WHEREAS, the City Council of the City hereby determines to submit to the qualified voters of the City for their adoption or rejection certain proposed amendments to the Charter pursuant to the provisions of Sections 12.04 of the Charter and Section 9.004, as amended, Local Government Code; and WHEREAS, the Council hereby finds and determines that the Charter amendment election shall be held on November 4, 2008 which is the next uniform election date prescribed under the Texas Election Code, as amended; and WHEREAS, the Council hereby finds and determines that holding the proposed Charter amendment election on the next uniform election date is in the best interests of the citizens of the City; and WHEREAS, the City has contracted with the Guadalupe County Elections Administrator (the “Elections Administrator”) to conduct this election; WHEREAS, the City Secretary shall publish and post notice of this election as required by applicable law; and WHEREAS, the Council hereby finds and determines that it is in the best interests of the citizens of the City to submit, for adoption or rejection, the proposed amendments to the Charter, at the earliest possible date, in order for this Council to be advised of the wishes of the citizens of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. An election shall be held on November 4, 2008, a uniform election date in the City of Schertz, Texas, which date is not less than thirty (30) days from the date of the final adoption of this ordinance (this “Ordinance”). The official ballots for the election shall be prepared in accordance with the Texas Election Code, as amended, and the Charter so as to permit the qualified voters of the City to vote “Yes” or “No” for each of the proposed Charter amendments which shall appear on the ballot substantially as provided below. On the date of the election the following amendments to the Charter shall be submitted to the qualified voters of the City: Election Ordn.doc 1 DRAFT Charter Amendment No. 1 “Shall Sections 4.02 and 8.01 of the existing City Charter be amended to delete the word ‘qualified’ in the references in such Sections to a person being a ‘qualified registered voter’?” Charter Proposition No. 1 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 1?” Yes ______ No ______ Charter Amendment No. 2 “Shall Sections 406 (c) 1 line three of the existing City Charter relating to the discretion of Council Members appointing someone to fill a vacancy, be amended to “Council Members at its discretion appoint a new Mayor or Council Member to fill such vacancy, or call a special election to fill such vacancy”? Charter Proposition No. 2 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 2?” Yes ______ No ______ Election Ordn.doc 2 DRAFT Charter Amendment No. 3 “Shall Sections 4.07(a), 12.02(a)(4), and 12.02(a)(5) of the existing City Charter be amended to delete the word ‘appointive’ in the references in such Sections to a person holding a ‘compensated appointive City’ position, office, or employment?” Charter Proposition No. 3 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 3?” Yes ______ No ______ Charter Amendment No. 4 “Shall Sections 5.01 sentence 6 regarding relief of the City Manager include the word “entire” to read “He or she shall be employed for or relieved from his or her duties by a vote of a majority of the members of the “entire” City Council of the existing City Charter ? Charter Proposition No. 4 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 4?” Yes ______ No ______ Election Ordn.doc 3 DRAFT Charter Amendment No. 5 “Shall Sections 4.09(e)(1) and 11.02 of the existing City Charter be amended to delete the requirement of publishing in the newspaper an entire franchise ordinance as a requirement for such ordinance to be effective?” Charter Proposition No. 5 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 5?” Yes ______ No ______ Charter Amendment No. 6 “Shall the last sentence of Section 5.01 of the existing City Charter relating to the appointment of Assistant City Managers be amended as follows?” “The City Manager may appoint one or more Assistant City Managers and set the compensation for such appointees.” Charter Proposition No. 6 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 6?” Yes ______ No ______ Election Ordn.doc 4 DRAFT Charter Amendment No. 7 “Shall the third sentence of Section 6.07(a) of the existing City Charter requiring the City’s Assessor-Collector to give a surety bond be deleted?” Charter Proposition No. 57 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 7?” Yes ______ No ______ Charter Amendment No. 8 “Shall Section 7.10(b)(11) of the existing City Charter relating to the selection of a City depository bank, which provision is in conflict with State law, be deleted?” Charter Proposition No. 8 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 8?” Yes ______ No ______ Election Ordn.doc 5 DRAFT Charter Amendment No. 9 “Shall the first sentence of Section 9.03 of the existing City Charter relating to City Council elections be amended to delete ‘greater number of’ and insert ‘most’ to confirm that members of the City Council may be elected by plurality and that run-off elections are not required?” Charter Proposition No. 9 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 9?” Yes ______ No ______ Charter Amendment No. 10 “Shall Section 12.02(a)(4) of the existing City Charter relating to political solicitation of City employees be amended to provide that ‘No City employee or elected or appointed City official’ shall in any way solicit ‘any assessment, subscription or contribution for any political party or political purpose’ from any person holding a compensated City position?” Charter Proposition No. 10 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 10?” Yes ______ No ______ Election Ordn.doc 6 DRAFT Charter Amendment No. 11 “Shall Section 12.02(a)(6) of the existing City Charter relating to conflicts of interest be amended to provide as follows? “No person related within the second degree by affinity or within the third degree by consanguinity to any elected officer of the City, or to the City Manager, shall be employed by the City or be appointed to any office, position, or clerkship or other service of the City, but this prohibition shall not apply to any such person related in the prohibited degree who has been continuously employed by the City for not less than two years prior to the election or appointment of the officer.” Charter Proposition No. 11 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 11?” Yes ______ No ______ Charter Amendment No. 12 “Shall the fourth sentence of Section 12.04 of the existing City Charter relating to elections for proposed amendments to the City Charter be amended to provide as follows: “Not less than thirty days prior of such election, the City Secretary shall make available at the City Offices a copy of the proposed amendment or amendments.” Charter Proposition No. 12 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 12?” Yes ______ No ______ SECTION 2. Pursuant to Section 61.012, as amended, Texas Election Code, the City shall provide at least one accessible voting system in each polling place used in the election. Such voting system shall comply with Texas and federal laws establishing the requirement for voting systems that permit voters with physical disabilities to cast a secret ballot. Touch screen machines may be used for early voting and election day voting by personal appearance. Certain Election Ordn.doc 7 DRAFT early voting may be conducted by mail. The Election Administrator shall also utilize a Central Counting Station (the “Station”) as provided by Section 127.001, et seq., as amended, Texas Election Code. Ms. Sue Basham, the Elections Administrator of Guadalupe County, has been appointed as the Manager and Presiding Judge of the Station, and she may appoint Station clerks and establish a written plan for the orderly operation of the Station in accordance with the provisions of the Texas Election Code. The Election Administrator has appointed ____________ as the Tabulation Supervisor and ____________ as the Programmer for the Station. Lastly, the Election Administrator will publish notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks for the Station in accordance with the provisions of the Texas Election Code. SECTION 3. The City election precincts established for this election shall be the precincts named on Exhibit A attached hereto. A list of the City election precincts and the polling places designated for each such election precinct are identified on Exhibit A to this Ordinance, and this Exhibit is incorporated by reference for all purposes. At least 63 days prior to the scheduled election date, the Council, in coordination with the Elections Administrator, will identify and formally approve the appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election officials for this election. Each Presiding Judge shall appoint not less than two (2) resident qualified voters of the County to act as clerks to properly conduct the election. However, if the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. The appointment of such clerks may include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on the day of the election. In the absence of the Presiding Judge named above, the Alternate Presiding Judge shall perform the duties of the Presiding Judge. The election shall be held in the City as prescribed by applicable law and on the day of the election, the polls shall be open from 7:00 o’clock a.m. to 7:00 o’clock p.m. The Guadalupe County Elections Office, 1101 Elbel Road, Schertz, Texas 78154, is hereby designated as the main early voting place at which early voting shall be conducted. Ms. Sue Basham, the Elections Administrator of Guadalupe County (whose mailing address is Post Office Box 1346, Seguin, Texas 78156), is hereby appointed as the Early Voting Clerk to conduct such early voting in the election. The Early Voting Clerk shall appoint not less than two (2) Deputy Early Voting Clerks in accordance with the provisions of the Texas Election Code. Early voting shall be conducted on the dates and at the times, and at the locations, identified in Exhibit B hereto, and this Exhibit is incorporated herein by reference for all purposes. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. ____________ is appointed the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two (2) nor more than ten (10) resident qualified voters of the County to serve as members of the Early Voting Ballot Board. SECTION 4. All resident qualified voters of the City shall be permitted to vote at the election and on the day of the election, such voters shall vote at any one of the designated polling places. The election shall be held and conducted in accordance with the provisions of the Texas Election Code, as amended, and the provisions of Texas Revised Civil Statutes, Chapter 1 of Election Ordn.doc 8 DRAFT Title 22, as amended, and as may be required by any other law. All election materials and proceedings shall be printed in both English and Spanish. SECTION 5. The anticipated fiscal impact of conducting the election and implementing modifications, if any, to the Charter which may be approved by the voters in such election is currently estimated to be $_________. SECTION 6. A substantial copy of this Ordinance shall serve as a proper notice of the election. This notice, including a Spanish translation thereof, shall be posted at the City Hall not less than twenty-one (21) days prior to the date the election is to be held, and be published in a newspaper of general circulation in the City, on the same day in each of two successive weeks with the first publication occurring not less than fourteen (14) full days prior to the day of the election. SECTION 7. The City Secretary shall post on the City’s website a copy of the current City Charter, marked to show the proposed changes described in this Ordinance, and shall keep a copy of such document in the City Secretary’s office and make it available to members of the public for their review on their request. SECTION 8. 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 9. All ordinances and resolutions, 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 ordered herein. SECTION 10. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 11. 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 provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Ordinance would have been enacted without such invalid provision. The Council hereby authorizes the Mayor and the City Manager of the City to make such technical modifications to this Ordinance that are necessary for compliance with applicable Texas or federal law or to carry out the intent of this Council, as evidenced herein. SECTION 12. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, Texas Government Code, as amended. SECTION 13. This Ordinance shall be in force and effect from and after its final passage and any publication required by law. * * * Election Ordn.doc 9 DRAFT Election Ordn.doc 10 PASSED on first reading, this the 15th day of July, 2008. PASSED, APPROVED, AND ADOPTED on second and final reading, this the _____ day of __________, 2008. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) DRAFT EXHIBIT A City Election Precinct Polling Places Coterminous with the corporate boundaries of the City of Schertz, Texas Schertz Community Center 1400 Schertz Parkway Building #3 Schertz, Texas 78154 Election Ordn.doc A-1 DRAFT EXHIBIT B MAIN EARLY VOTING POLLING PLACE, DATES AND TIMES Early Voting Begins Monday, October 20, 2008 and ends on Friday, October 31, 2008 EARLY VOTING POLLING PLACE: Location: Guadalupe County Office Building (Annex) 1101 Elbel Road Schertz, Texas 78154 EARLY VOTING DATES AND TIMES: Dates & Times: 8:00 a.m. to 8:00 p.m. _____, October __, 2008 and ______, October __, 2008 8:00 a.m. to 5:00 p.m. on all other early voting days EARLY VOTING BY MAIL: Applications for voting by mail should be mailed to be received no earlier than Friday, September 5, 2008, and no later than the close of business (5:00 p.m.) on Tuesday, October 27, 2008. Applications should be mailed to: Guadalupe County Elections Administrator Attention: Sue Basham 307 West Court Street Seguin, Texas 78155 Election Ordn.doc B-1 Election Schedule.doc City of Schertz, Texas Charter Election – Timetable of Events – Tuesday, November 4, 2008 Event Time Required Date City Staff contact local county officials to discuss conducting elections at same polling locations and agree on any applicable joint election issues At least 6-8 weeks prior to calling the Charter Election ________, June __, 2008 Finalize Charter Election Ordinance for translation into Spanish Tuesday, July 8, 2008 Council passes Ordinance Calling Charter Election on first reading Tuesday, July 15, 2008 Council passes Ordinance Calling Charter Election on second reading1 Not less than 30 days before the date of the election2 Tuesday, July 22, 2008 Submit documents to the U.S. Department of Justice to preclear Charter Election At least 62 days before the start of early voting3 Friday, August 15, 2008 Deliver Notice of Election to the County Clerk No later than 60th day before election day4 Monday, August 25, 2008 Mail Information Brochures (optional) At least three weeks before the election ________, September __, 2008 Post Notice of Election (English and Spanish versions)5 Not less than 21 days before election day6 Monday, October 6, 2008 Publish Notice of Election (English and Spanish versions)7 First publication must occur not less than 14 days before election day8 Sunday, October 12, 2008 Receive preclearance from the U.S. Department of Justice9 At least 60 days after receipt of request for preclearance Friday, October 17, 2008 Hold first Civic Organization meeting (optional) 10-18 days before the election ________, October __, 2008 Early Voting Begins 17 days before election date10 Monday, October 20, 2008 Hold second Civic Organization meeting (optional) 5-10 days before the election date ________, October __, 2008 Early Voting Ends 4 days before the election date Friday, October 31, 2008 Conduct Election Not less than 30 days after Ordinance calling election adopted Tuesday, November 4, 2008 Canvass Election Returns Not earlier than 8 days or later than 11 days after the election Thursday, November 13, 2008 End of election contest period 30 days after canvassing11 Monday, December 15, 2008 1 Effective October 1, 2005 city elections generally must be held on one of two available uniform election dates; additionally, on years when general elections for state and county officers are held (even-numbered years) including primary and runoff elections, a prohibition exists on holding elections within 30 days before or after the general, primary or runoff elections. 2 Last day to call the election is October 6, 2008, though more time is needed to receive U.S. Department of Justice preclearance and to provide for early voting. 3 Must be submitted no later than Friday, August 15, 2008 for response to be due before first day of early voting. 4 Notice delivered no later than September 5, 2008. 5 Notice must be posted at City Hall, as well as in a public place located in each election precinct. 6 Last day to post is Monday, October 13, 2008. 7 Notice must be published on the same day in each of two successive weeks. 8 First day to publish is Sunday, October 5, 2008, and last day is Saturday, October 25, 2008 9 The most conservative position (and to comply fully with the Federal Voting Rights Act) would necessitate obtaining preclearance prior to the commencement of early voting. 10 Unless the beginning of the period is a Saturday, Sunday, or legal state holiday, the period begins on the next regular business day. Since the first day to begin early voting by personal appearance is a Saturday, the first day must be moved to the next regular business day (15 days before election day). 11 Because the end of the election contest period falls on a Saturday, the last day to contest may be the next regular business day. Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: July 15, 2008 Department: Parks and Recreation Subject: Resolution No. 08-R-35 Consideration and action on a resolution authorizing The City of Schertz to apply for a TPWD Indoor Grant. BACKGROUND This Resolution is a requirement by Texas Parks and Wildlife Department (TPWD), for our Indoor Grant Application. The Resolution requires the following: • That the City of Schertz is eligible to receive assistance for the Grant. • That our Matching Funds are readily available at this time. • The City of Schertz is appointing Mr. Don Taylor, City Manager to be the Official contact representative for the Grant. • This resolution also authorizes Mr. Taylor to specifically make an application to TPWD for the City of Schertz Recreation Center and that the site and building will be dedicated upon completion for park and recreation purposes in perpetuity. • That this Grant application will be submitted to the Alamo Council of Governments for compliance with the Texas Review and Comments System (TRACS). The Parks and Recreation Advisory Board reviewed this recommendation on November 26, 2007 and passed a motion to bring this item to the City of Schertz City Council. FISCAL IMPACT $750,000 Matching Grant Opportunity RECOMMENDATION Staff recommends Council approval of Resolution No. 08-R-35. Resolution No. 08-R-35 A RESOLUTION OF THE CITY OF SCHERTZ, TEXAS, HEREINAFTER REFERRED TO AS “APPLICANT,” DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE APPLICANT IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS “DEPARTMENT,” FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION & PARKS ACCOUNT INDOOR RECREATION GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE “PROGRAM”; CERTIFYING THAT THE APPLICANT IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE APPLICANT MATCHING SHARE IS READILY AVAILABLE; DEDICATING THE PROPOSED SITE FOR PERMANENT (OR FOR THE TERM OF THE LEASE FOR LEASED PROPERTY) PUBLIC PARK AND RECREATIONAL USES; AND CERTIFYING THAT THE APPLICATION HAS BEEN SUBMITTED TO THE APPROPRIATE REGIONAL COUNCIL OF GOVERNMENTS FOR THE TEXAS REVIEW AND COMMENT SYSTEM (TRACS) REVIEW. WHEREAS, the Applicant is fully eligible to receive assistance under the Program; and WHEREAS, the Applicant is desirous of authorizing an official to represent and act for the Applicant in dealing with the Department concerning the Program; BE IT RESOLVED BY THE APPLICANT: SECTION 1: That the Applicant hereby certifies that they are eligible to receive assistance under the Program, and that notice of the application has been posted according to local public hearing requirements. SECTION 2: That the Applicant hereby certifies that the matching share for this application is readily available at this time. SECTION 3: That the Applicant hereby authorizes and directs its City Manager to act for the Applicant in dealing with the Department for the purposes of the Program, and that Mr. Don Taylor is hereby officially designated as the representative in this regard. SECTION 4: The Applicant hereby specifically authorizes the official to make application to the Department concerning the site to be known as The City of Schertz Recreation Center in the City of Schertz for use as an Indoor Recreation Center site and is hereby dedicated (or will be dedicated dedicated upon completion of the proposed acquisition) for public park and recreation purposes in perpetuity. SECTION 5: That the Applicant hereby certifies that a copy of the application has been submitted to the appropriate regional council of governments for Texas Review and Comments System consideration. Introduced, read and passed by the affirmative vote of the “Applicant” on this day of , 20__. Signature of Appropriate Official Typed Name and Title CCM TPWD Indoor Grant.doc Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: July 15, 2008 Department: Parks and Recreation Subject: Ordinance prohibiting the drilling or mining of non-renewable resources in City of Schertz Public Parks ______________________________________________________________________________ BACKGROUND The City of Schertz, Texas is applying for an Indoor Grant from the Texas Parks and Wildlife Department (TPWD) in connection with the New Schertz Recreation Center. The TPWD Indoor Grant request is for $750,000. The TPWD Grant application process requires an Ordinance from the requesting political subdivision that prohibits the drilling and mining of non-renewable resources on the site where the Grant funds will be spent. This Ordinance will also address future TPWD Outdoor Park Grants and TPWD Regional Grants. The TPWD Outdoor Grant Program will also require the same Ordinance language addressing the drilling and mining of non-renewable resources in city park sites. The Parks Advisory Board was briefed on the Indoor Grant Application Project at their regularly scheduled meeting in May of 2008. FISCAL IMPACT: Possible award of a TPWD $750,000 Indoor Grant RECOMMENDATION Staff recommends approval of Ordinance No. 08-M-35 ATTACHMENT Ordinance No. 08-M-35 ORDINANCE NO. 08-M-35 AN ORDINANCE PROHIBITING DRILLING AND MINING FOR NONRENEWABLE RESOURCES OR THE REOPENING OF ANY ABANDONED WELL OR MINE WITH THE EXCEPTION OF WATER WELLS IN ANY PUBLIC PARK LOCATED WITHIN THE CITY LIMITS OF THE CITY OF SCHERTZ, TEXAS AND DECLARING AN EFFECTIVE DATE WHEREAS, in connection with applications by the City of Schertz, Texas (the “City”) to the Texas Parks and Wildlife Department (“TPWD”) for certain grants, the City is required by TPWD to adopt an ordinance that prohibits the drilling and mining of non-renewable resources on the site where TPWD grant funds will be spent; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the citizens of the City to adopt this Ordinance, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. All forms of drilling and mining of non-renewable resources are permanently prohibited in any public park located within the City limits of the City of Schertz, Texas. Section 2. No previously drilled and abandoned well or mine, with the exception of water wells for irrigation purposes only, may be reopened in any public park located within the City limits of Schertz, Texas. The reopening of any such water wells must be approved by the City Manager. 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 City Council. Section 4. All ordinances and resolutions, 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 ordered 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 this Council hereby declares that this Ordinance would have been enacted without such invalid provision. ORDINANCE TPWD Indoor Grant.doc ORDINANCE TPWD Indoor Grant.doc 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, Texas Government Code, as amended. Section 8. This Ordinance shall be in force and effect from and after its final passage and any publication required by law. Approved on first reading the 15th day of July, 2008. PASSED, APPROVED AND ADOPTED the _____ day of July, 2008. CITY OF SCHERTZ, TEXAS Mayor ATTEST: ________________________________ City Secretary (SEAL OF THE CITY)