01-06-2009 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 REGULAR AGENDA TUESDAY, JANUARY 6, 2009 Regular Session
6:30 p.m. Call to Order Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. Presentation • Certificate of appreciation to Esther Mendoza and Shawn
Ceeko for the “Blue Santa Program” 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. 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 ?signed up to speak in the order they have registered. Discussion and/or Action Items
1. Minutes – Discussion and/or action regarding the approval of the minutes of the Regular Meeting of December 23, 2008. 2. Resolution No. 09-R-01 – Discussion and/or action approving
a resolution calling a Joint Election with the City of Schertz, the City of Cibolo and Schertz-Cibolo-Universal City Independent School District (SCUCISD) and Cibolo Creek Municipal
Authority to be held on May 9, 2009 for the purpose of electing Councilmembers for Place 3, Place 4 and Place 5 for said City; making provision for the conduct of a joint election; contracting
with the Elections Administrator of Guadalupe County to conduct this election. (B. Dennis) 3. Ordinance No.09-D-01 – Discussion and/or action approving an amended speed limit on Live
Oak Rd. to 35mph. (First Reading) (L. Dublin) 1-6-09 Council Agenda
4. Impact Fees – Discussion and/or action regarding exempting the City of Schertz, Counties and State of Texas projects from City of Schertz Impact water and sewer impact fees. (J. Bierschwale/L.
Dublin) 5. Bid #08-PW-41-02 – Park Roads Construction – Discussion and/or action regarding awarding bid to JR Sitework in the amount of $380,856.50. (L. Dublin) 6. Five Year Strategic
Plan – Discussion and/or action regarding planning a Five Year Strategic Planning session, to include time, date and departments. (D. Taylor) Requests and Announcements 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 • 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 10. Announcements by City Manager • Recognition of City employee actions
• New Departmental initiatives • Upcoming City Council agenda items 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 29th DAY OF DECEMBER, 2008 AT 11:30 A.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:__________________________
1-6-09 City Council Agenda Page -2 -
1-6-09 City Council Agenda Page -3 -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 COUNCIL COMMITTEE AND LIAISON 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 Councilmember 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 Mayor Pro-Tem 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 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: December 6, 2008 Department: Administration Subject: Minutes BACKGROUND On December 23, 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 December
23, 2008 minutes. ATTACHMENT Minutes 12-23-08
City Council Regular Meeting December 23, 2008 314 MINUTES REGULAR MEETING December 23, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
December 23, 2008 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 Michael Carpenter Councilmember Jim Fowler Councilmember David Scagliola Councilmember John Trayhan Councilmember Tony Wilenchik Staff Present: City Manager Don Taylor
Assistant City Manager Bierschwale Assistant City Manager David Harris 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. Councilmember Fowler gave the Invocation followed by the Pledges of Allegiance to the Flags
of the United States and State of Texas. PRESENTATIONS • Presentation and awards presented by the Schertz Chamber of Commerce on the Festival of Angels Christmas Light winners. (F. Rushing)
Mayor Baldwin recognized Schertz Chamber of Commerce President Frances Rushing who introduced this item stating the three categories judged were: Most Creative (use of lights), Illumination
(use of lights), and Overall Appearance (The wow factor). Ms. Rushing stated there were nine finalists chosen and out of those nine, three winners were chosen in each category. All nine
finalists will have signs placed in their yards and the top three winners will receive trophies. Following is a list of winners: -Overall Appearance -Scott & Julie Sorriano – 524 Jonas
Drive Stephen Phillips – 1120 Fawn Harold & Nelly Jones – 4200 Spanish Oak -Illumination -Scott & Yulissa Decker – 3932 Arroyo Del Sol Matthew & Andrea Duke – 962 Oak Park Deborah Smallwood
– 2412 Hemingway
City Council Regular Meeting December 23, 2008 315 -Most Creative -Sandra Wheeler – 1508 Red Oak Cove Gilbert & Gloria Molleda – 1016 Robert Derrick Kathy Williamson – 3201 Dusty Crossing
• Presentation and consideration and/or action on Slogan/Logo development/Implementation Process for the City of Schertz. (B. Bailey) Mayor Baldwin recognized Media Relations Manager
Brad Bailey who introduced this item providing information on timelines and gave a brief PowerPoint presentation. Mayor Baldwin moved to agenda item 6. DISCUSSION AND POSSIBLE ACTION
6. Five Year Strategic Plan – Discussion and consideration and/or action regarding a Five Year Strategic Plan. (D. Taylor) Mayor Baldwin recognized City Manager Don Taylor who introduced
this item suggesting that Council would need to decide on a place and time and date where they would like to go for planning. He further stated that the Economic Development Corporation
(EDC) would need to be included in the planning process and suggested that EDC put their strategic planning session on hold until such time that Council has the opportunity to meet.
Councilmember Scagliola stated he would like the planning session in January or February. Councilmember Trayhan stated that he believed the planning session should take place after the
May election because of possible new Councilmembers being elected. Councilmembers further discussed the importance of EDC being involved in the strategic planning session with Council.
HEARING OF RESIDENTS Mayor Baldwin recognized Schertz Chamber of Commerce President Frances Rushing who announced the following: • January 9, 2009 at noon, Liberty Tax will be having
their ribbon cutting. • January 14, 2009 at 2:00 p.m. San Antonio Credit Union will be having their ribbon cutting. REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the
approval of the minutes of the Regular Meeting of December 16, 2008. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Fowler to approve the minutes
of December 16, 16, 2008 with changes noted. Vote was unanimous. Motion Carried
City Council Regular Meeting December 23, 2008 316 2. City of Schertz 2009 Master Calendar – Consideration and/or action approving the City of Schertz 2009 Master Calendar. (D. Harris/R.
Duprat-Waldo) Mayor Baldwin recognized Assistant to the City Manager/Risk Manager Rita Duprat-Waldo who introduced this item stating each year staff drafts a master calendar that serves
as a planning tool for the upcoming year, further recommending that Council approve the Master Calendar and cancellation of the October 20, 2009 (TML Conference in Fort Worth) City Council
meeting. Councilmembers stated that the cancellation of the October 20, 2009 meeting could be on a future agenda to decide and it wasn’t necessary to show this cancellation on the calendar.
Councilmembers also asked if other items could be included on the agenda. Mayor Baldwin recognized Councilmember Trayhan who moved seconded by Councilmember Scagliola to approve the
2009 Master Calendar with additions and amendments as noted. Vote was unanimous. Motion Carried 3. Resolution No. 08-R-53 -Upper West Dietz Creek Property Acquisitions – Discussion and
consideration and/or action approving a resolution by the City Council of the City of Schertz, Texas authorizing the purchase and sale contracts with Cibolo Farm, LLC, the Estate of
Betty Joe Boggess; and Clarence A. Wehman and Hazel Wehman; and Tom J. Sheridan Properties, Inc., for Upper West Dietz Creek Drainage Project. (M. Spain/L. Dublin) Mayor Baldwin recognized
City Engineer Larry Dublin who introduced this item answering questions from Council. Mr. Dublin stated the City has negotiated the purchases of the following properties which are involved
in the Upper West Dietz Creek Drainage Project: Property Owner Acreage Purchase Price Per Acre Price Cibolo Farm, LLC 5.821 $67,050 $11,519 The Estate of Betty Joe Boggess 0.324 $4,100
$12,654 Clarence A. Wehman and Hazel Wehman 6.167 $49,450 $8,018 Tom J. Sheridan Properties, Inc. 6.784 $95,050 $14,010 Total 19.096 $215,650 $11,293 Mr. Spain stated the total fiscal
impact to the City is $215,650. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Trayhan to approve Resolution 08-R-53 with the four Purchase and
Sale Contracts above totaling $215,650.Vote was unanimous. Motion Carried 4. Library Extension – Discussion and consideration and/or action approving a time extension for completion
of the Library. (L. Truitt) Mayor Baldwin recognized Director of Development Services Leonard Truitt who introduced this item answering questions from Council. Mr. Truitt stated O’ Haver
Contractors have requested an extension of time from January 15th to March 30th for the construction of the New Library facility due to unforeseen circumstances. This request has
City Council Regular Meeting December 23, 2008 317 been reviewed by Kell Munoz Architects, staff, and upper management. It was recommended that the City Council approve the extension
of time for the completion of the new Library facility from January 15th to March 30th, 2008. Mayor Baldwin recognized Don O’Haver who came forward answering questions from Council.
Mayor Baldwin recognized Mayor Pro-Tem Carpenter who moved, seconded by Councilmember Trayhan to approve the extension of time for the completion of the new Library facility from January
15th to March 30th, 2008. Vote was 4/0/1 with Councilmember Wilenchik abstaining. Motion Carried 5. Public Works Construction Equipment -Presentation and consideration and/or action
regarding public works construction equipment “Zipper”. (L. Dublin) This item was withdrawn. DISCUSSION AND POSSIBLE ACTION 7. Action Items -Consideration and or action on questions
and possible items to be placed on a future agenda. (Mayor/City Council) No items were mentioned. 8. Announcements – Announcements by City Council Members, Mayor, and City Manager: All
– Holiday wishes from Mayor and Council were given. Mayor Baldwin recessed into executive session at 7:44 p.m. EXECUTIVE SESSION Called Under Section 551.074 – Deliberate the appointment,
employment, evaluation, reassignment, duties, discipline or dismissal of the City Secretary. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened into regular session at 8:15 p.m. 9.
Take any action deemed necessary as a result of the Executive Session. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Mayor Pro-Tem Carpenter to increase the City
Secretary’s salary by five percent 5% effective immediately. Vote was unanimous. Motion Carried
City Council Regular Meeting December 23, 2008 318 ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 8:17 p.m. __________________________________ Hal
Baldwin, Mayor ATTEST: ______________________________________________________ Brenda Dennis, TRMC, CMC City Secretary
Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: January 6, 2009 Department: City Secretary Subject: Resolution No. 09-R-01 Calling the May 9, 2009 Joint Election with the
City of Schertz, City of Cibolo, SCUC Independent School District and Cibolo Creek Municipal Authority BACKGROUND On January 18, 2008, the City Secretary’s office met with Sue Basham,
Elections Administrator of Guadalupe County, SCUC Independent School District, City of Cibolo and Cibolo Creek Municipal Authority to discuss holding a joint election. Some of the benefits
in holding a joint election are as follows: • Entities would divide the costs equally (creating a savings to each entity) • Utilize common voting poll locations • Utilize common voting
equipment • Utilize common voting clerks The City of Schertz, the SCUC Independent School District, City of Cibolo and Cibolo Creek Municipal Authority will hold a Joint Election on
May 19, 2009. The joint election will be contracted through the Elections Administrator of Guadalupe Guadalupe County, Sue Basham. FISCAL IMPACT Cost not to exceed $5200.00 (FY08-09
Budget total was $7,000 for May Election) RECOMMENDATION It is recommended Council approve Resolution No. 98-R-01 calling the May 9, 2009 joint election with The City of Schertz and
the SCUC Independent School District, City of Cibolo and Cibolo Creek Municipal Authority and contract with the Elections Administrator of Guadalupe County, Sue Basham. ATTACHMENTS Resolution
No. 09-R-01 Contract for Elections Services Agreement – Guadalupe County Joint Election Agreement – Schertz, Cibolo, CCMA, SCUCISD
RESOLUTION NO. 09-R-01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING A JOINT ELECTION WITH THE CITY OF SCHERTZ, THE CITY OF CIBOLO, SCHERTZCIBOLO-UNIVERSAL
CITY INDEPENDENT SCHOOL DISTRICT (SCUCISD) AND CIBOLO CREEK MUNICIPAL AUTHORITY TO BE HELD ON MAY 9, 2009 FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACE 3, PLACE 4 AND PLACE 5
FOR SAID CITY; MAKING PROVISION FOR THE CONDUCT OF A JOINT ELECTION; CONTRACTING WITH THE ELECTIONS ADMINISTRATOR OF GUADALUPE COUNTY TO CONDUCT THIS ELECTION. BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. An election shall held on May 9, 2009 in and throughout the City of Schertz, Texas (the “City”), for the purpose of electing Councilmember’s
for Place 3, Place 4, Place 5 for a term to expire in May of 2011. SECTION 2. The City will hold a joint election with the Schertz-Cibolo-Universal City Independent School District (the
“District”), the City of Cibolo and Cibolo Creek Municipal Authority provided pursuant to the provisions of a joint election agreement between the City of Schertz, the SCUC Independent
School District, and the City of Cibolo and Cibolo Creek Municipal Authority adopted in accordance with the provisions of Section 271.002, as amended, Texas Election Code (the “Code”).
SECTION 3. The City will enter into an agreement with the Elections Administrator of Guadalupe County (the “Guadalupe County Elections Administrator”) to conduct all aspects of this
election. SECTION 4. At said election, the candidate receiving the most votes for Councilmember’s for Place 3, Place 4, and Place 5, respectively, is declared elected for a term to expire
in May 2011. Any candidate desiring to have his or her name on the Official Ballot for said election shall, no sooner than February 7, 2009 and no later than March 9, 2009, file with
the City Secretary an application in writing in the form prescribed by the Texas Election Code requesting that his or her name be placed on the Official Ballot and declaring as a candidate
for Councilmember for Place 3, Place 4, or Place 5. Any person failing to file said written application for candidacy by the time aforesaid shall not be entitled to have his or her name
printed on the Official Ballot. The name of all eligible candidates whose applications have been duly and timely filed shall be placed on the ballot pursuant to a drawing as provided
by law. 45867374.1
SECTION 5. 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 shall be used for early voting and election day voting by personal appearance. Certain early voting may be conducted by mail. The Guadalupe County Elections Administrator shall
also utilize a Central Counting Station (the “Station”) as provided by Section 127.001, et seq., as amended, Texas Election Code. Guadalupe County Administrator, Sue Basham will serve
as Early Voting Clerk and will appoint the Election Judges and Clerks for each station location, and establish a written plan for the orderly operation of the Station locations in accordance
with the provisions of the Texas Election Code. The Guadalupe County Elections Administrator Administrator will appoint the Tabulation Supervisor which will also serve as the Programmer
for the Stations. Lastly, the Guadalupe County Elections Administrator will publish notice and conduct testing on the automatic tabulation equipment relating to the Stations and conduct
instruction for the officials and clerks for the Stations in accordance with the provisions of the Texas Election Code. SECTION 6. 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 Resolution, 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 Guadalupe
County 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 Schertz Community Center, Bldg. 3, 1400 Schertz Parkway, Schertz, Texas
78154 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. 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 at the main early voting
place from April 27, 2009 through May 5, 2009, with the exception of Saturdays, Sundays, and official State holidays. The hours for early voting shall be from, and from 8:00 a.m. to
5:00 p.m., Monday, April 27, 2009 through Friday May 1, 2009 45867374.1
and from 7:00 a.m. to 7:00 p.m. on May 4, 2009 and May 5, 2009 on all other early voting days. Applications for ballots by mail must be received by the Early Voting Clerk not later than
the close of business on May 1, 2009. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. Sue Basham, Elections Administrator will
appoint 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 7. All resident qualified voters of the City shall be permitted to vote at the early voting location 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 Annotated Chapter 1 of Title 22, as amended, amended, and as may be required by any other law. All election materials and
proceedings shall be printed in both English and Spanish. SECTION 8. A substantial copy of this Resolution 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, not more than thirty (30) days, and not less than ten (10) full days prior to the day of the election. SECTION 9. The Council authorizes the Mayor, or his/her designee,
to negotiate and enter into a joint election agreement with the Districts and the Authority in accordance with the provisions of the Texas Election Code. SECTION 10. The Council authorizes
the Mayor, or his/her designee, to negotiate and enter into a contract with the Guadalupe County Elections Administrator to conduct the election in accordance with the provisions of
the Texas Election Code. SECTION 11. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes
and are adopted as a part of the judgment and findings of the Council. SECTION 12. All Resolutions and resolutions, or parts thereof, which are in conflict or inconsistent with any provision
of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters ordered herein. SECTION
13. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 14. If any provision of this 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 this Council hereby declares that this Resolution would have been been enacted without such invalid provision. SECTION 15. 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 45867374.1
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
16. By vote of not less than two-thirds of the members of the City Council present at the meeting at which this Resolution was first considered, the City Council has determined that
action is required, and this Resolution is hereby adopted. PASSED, APPROVED AND ADOPTED on this the 6th day of January, 2009. Mayor, City of Schertz, Texas ATTEST: ___________________________________
Brenda Dennis TRMC, CMC, City Secretary (SEAL OF CITY) 45867374.1
45867374.1 EXHIBIT A Early voting Location Guadalupe County Elections Office 1101 Elbel Road Schertz, Texas Monday, April 27th – Friday, May 1st: 8:00 a.m. to 5:00 p.m. Monday, May 4th
– Tuesday, May 5th: 7:00 a.m. to 7:00 p.m. City Election Precinct Presiding Judge Alternate Judge Polling Place City of Schertz TO BE DETERMINED TO BE DETERMINED Schertz Community Center
1400 Schertz Parkway Building #3 Schertz, Texas 78154
Page 1 of 6 JOINT AGREEMENT ELECTION AGREEMENT BETWEEN THE CITY OF SCHERTZ, CITY OF CIBOLO, CIBOLO CREEK MUNICIPAL AUTHORITY AND THE SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL
DISTRICT This joint election agreement is made this ____ day of _________________, 2009, by and between the City of Schertz, the City of Cibolo, the Cibolo Creek Municipal Authority
(“CCMA”) and the Schertz-Cibolo-Universal City Independent School District (“SCUCISD”) (collectively “Entities” or “Participating Entities”). WHEREAS, the City of Schertz plans to hold
a General Election on May 9, 2009, for the purpose of electing three (3) city council members for Place 3, Place 4, and Place 5; WHEREAS, the City of Cibolo plans to hold a General Election
on May 9, 2009, for the purpose of electing a Mayor and four (4) city council members for Place 2, Place 3, Place 6, and Place 7; WHEREAS, the Cibolo Creek Municipal Authority plans
to hold a General Election on May 9, 2009 for the purpose of electing three (3) Board Directors for Place 3, Place 4, and Place 5; WHEREAS, SCUCISD plans to hold a General Election on
May 9, 2009, for the purpose of electing two (2) school board trustees for Place 4 and Place 5; WHEREAS, Texas Election Code section 271.002 authorizes the governing bodies of political
subdivisions to enter into an agreement to hold joint elections in election precincts that can be served by common polling places; WHEREAS, the parties to this agreement serve voters
within the same boundaries, and it would be to the benefit of the City of Schertz, City of Cibolo, CCMA, SCUCISD, and the citizens and voters thereof to hold the elections jointly. NOW,
THEREFORE, IT IS AGREED that a joint election will be held by City of Schertz, City of Cibolo, CCMA, and SCUCISD under the following terms and conditions: THIS AGREEMENT is subject to
the written approval of all parties and shall not be binding on the parties
until such written approval is obtained. THIS AGREEMENT will require the Guadalupe County Elections Administrator to be appointed the Joint Early Voting Clerk. THIS AGREEMENT requires
the City of Schertz, the City of Cibolo, CCMA, and SCUCISD to use joint ballots.
Page 2 of 6 THIS AGREEMENT requires the City of Schertz, the City of Cibolo, CCMA, and SCUCISD to share costs associated with this joint election proportionally where polling places
are shared by more than one entity. THIS AGREEMENT requires the City of Schertz, the City of Cibolo, CCMA, and SCUCISD to be responsible for ordering its own election and publishing
notice of the elections separately. The cost to publish the notice will be the responsibility of each individual entity. THIS AGREEMENT will require joint Early Voting and Election Day
locations, dates, and times to be used by the City of Schertz, the City of Cibolo, CCMA, and SCUCISD. THIS AGREEMENT will require the Guadalupe County Elections Administrator to tabulate
the precinct results and canvassing separately for the City of Schertz, the City of Cibolo, CCMA, and SCUCISD. The results will be delivered to each entity by facsimile. THIS AGREEMENT
will require the Guadalupe County Elections Administrator to be responsible for the safekeeping of election records for this joint election. THIS AGREEMENT will require the Guadalupe
County Elections Administrator to be responsible for performing the following duties and to furnish the following services and equipment pursuant to the election services contract with
Guadalupe County: 1. Recommend election judges, alternate judges and clerks. 2. Pay election judges and other election workers. 3. Procure and distribute all necessary election supplies.
4. Supply all necessary voting equipment; transport equipment to and from the polling places, and prepare the voting equipment for use at the polling places. 5. Issue Writs of Election
to the election judges appointed. 6. Perform early voting clerk duties. 7. Publish the legal notice of the date, time, and place of the electronic tabulating equipment test and conduct
such test and provide copies to entities. 8. Prepare any submission of voting changes to be submitted to the U.S. Department of Justice under the Federal Voting Rights Act of 1965, as
amended. 9. Arrange for the use of a central counting station and for the tabulating personnel needed at the counting station and assist in the preparation of programs and the test materials
for tabulation of the ballots to be used with electronic voting equipment. 10. Assist in providing the general overall supervision of the election and will provide to the Canvassing
Authority the prescribed election records and reports as required when a central counting station is used: (a) Canvassing Summary Report, (b) Accumulated Totals Report of early voting
and Election Day, and (c) Electronically submit results to the Secretary of State. 11. Ballot type: (For use with mail ballots.) Optical scan. 12. Ballot tabulating equipment to be used:
Premier Touch Screens, Premier Optical Scan for paper ballots.
Page 3 of 6 GENERAL CONDITIONS A. Common Early Voting and Election Day Polling Locations Early voting by personal appearance will be conducted at the following location at the specified
dates and times: Guadalupe County Office Building -Election Office 1101 Elbel Road Schertz, TX 78154 Dates: Monday, April 27 -Friday, May 1, 2009 Hours: 8:00 a.m. – 5:00 p.m. Dates:
Monday, May 4 – Tuesday, May 5, 2009 Hours: 7:00 a.m. – 7:00 p.m. Election Day Locations: The polling places listed below will be open from 7:00 a.m. to 7:00 p.m. on May 9, 2009. Schertz
Community Center 1400 Schertz Parkway Schertz, TX 78154 (to be shared by the City of Schertz, CCMA, and SCUCISD) Rose Garden Elementary School 506 North Blvd. Universal City, TX 78148
(to be shared by CCMA and SCUCISD) City of Cibolo City Hall 200 South Main Cibolo, TX 78108 (to be shared by the City of Cibolo, CCMA, and SCUCISD) B. Joint Election Costs: Payment A.
Costs. Access to the common polling location(s) set out herein will be provided at no charge. However, each Entity remains responsible for all costs associated with their respective
elections only. All funds expended by each Entity will be from current revenues. B. Cancellation. In the event any of the parties to this Agreement cancel their election because of unopposed
candidates under Subchapter C of Title I of the Texas Election Code, the remaining parties shall be responsible for their respective elections, including all associated costs. The canceling
party(ies) shall be responsible for its respective share of election expenses incurred through the date that the election is canceled as allocated to that Entity. In the event that a
party cancels its election, the other parties shall continue to have access to the polling locations at no charge. If an election is to be canceled by one of the parties, notice will
be given to all parties within two (2) days of cancellation.
Page 4 of 6 C. General Provisions A. Communications. Throughout the term of this Agreement, the Participating Entities will engage in ongoing communications concerning the conduct of
the Joint Election and discuss and resolve any problems which might arise regarding the Joint Election. B. Effective Date. This Agreement takes effect upon the complete execution of
this Agreement by all Participating Entities. C. Custodian of Records. Each Participating Entity will serve as their individual custodian for purposes of election records as required
by law. Each Participating Entity shall appoint a qualified person to act as Custodian of Records for the Entity to perform the duties imposed by the Election Code on the custodian of
records for its respective entity. D. Miscellaneous Provisions A. Venue and Choice of Law. The Entities agree that venue for any dispute arising under this Agreement will lie in the
appropriate courts of Guadalupe County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America. B.
Entire Agreement. This Agreement contains the entire agreement of the parties relating to the rights herein granted and the obligations herein assumed and supersedes all prior agreements,
including prior election services contracts relating to each Entity’s May 9, 2009 election. Any prior agreements, promises, negotiations, or representations not expressly contained in
this Agreement are of no force and effect. Any oral representations or modifications concerning this Agreement shall be of no force or effect, excepting a subsequent modification in
writing as provided herein. C. Severability. If any provision of this Agreement is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity,
illegality or unenforceability shall not affect the remaining provisions of this Agreement; and, parties to this Agreement shall perform their obligations under this Agreement in accordance
with the intent of the parties to this Agreement as expressed in the terms and provisions of this Agreement. D. Breach. In the event that any Participating Entity breaches any of its
obligations under this Agreement, the non-breaching party shall be entitled to pursue any and all rights and remedies allowed by law. Nothing in this Agreement shall be construed as
a waiver of any immunity or defense to which any Participating Entity is entitled under statutory or common law.
Page 5 of 6 E. Other Instruments. The Entities agree that they will execute other and further instruments or any documents as may become necessary or convenient to effectuate and carry
out the purposes of this Agreement. F. Mediation. When mediation is acceptable to both parties in resolving a dispute arising under this Agreement, the parties agree to use a mutually
agreed upon mediator, or a person appointed by a court of competent jurisdiction, for mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code. Unless
both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications within the scope of the
mediation shall remain confidential as described in Section 154.023 of the Texas Civil Practice and Remedies Code, unless both parties agree, in writing, to waive the confidentiality.
Notwithstanding the foregoing, the parties intend to fully comply with the Texas Open Meetings Act and and the Texas Public Information Act, whenever applicable. The term “confidential”
as used in this Agreement has the same meanings as defined and construed under the Texas Public Information Act and the Texas Open Meetings Act. G. Amendment/Modification. Except as
otherwise provided, this Agreement may not be amended, modified, or changed in any respect whatsoever, except by a further Agreement in writing, duly executed by the parties hereto.
No official, representative, agent, or employee of any Participating Entity has any authority to modify this Agreement except pursuant to such expressed authorization as may be granted
by the governing body of the respective Participating Entity. H. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed originals and with
the same effect as if all parties hereto had signed the same document. All of such counterparts shall be construed together and shall constitute one and the same Agreement. *****REMAINDER
OF PAGE INTENTIONALLY LEFT BLANK***
Page 6 of 6 The undersigned are the duly authorized representatives of the parties’ governing bodies, and their signatures represent adoption and acceptance of the terms and conditions
of this agreement. APPROVED, this ________ day of ____________________, 2009, by the City Council of the CITY OF SCHERTZ _____________________________________________________ Hal Baldwin,
Mayor City of Cibolo APPROVED, this ________ day of ____________________, 2009, by the City Council of the CITY OF CIBOLO _____________________________________________________ Jennifer
Hartman, Mayor City of Cibolo APPROVED, this ________ day of ____________________, 2009, Board of Directors of the CIBOLO CREEK MUNICIPAL AUTHORITY. __________________________________________________
__ David R. Dennis, General Manager Cibolo Creek Municipal Authority APPROVED, this ________ day of ____________________, 2009, by the Board of Trustees of the SCHERTZ-CIBOLO-UNIVERSAL
CITY INDEPENDENT SCHOOL DISTRICT. ______________________________________________________ George Ricks, Board President SCUCISD ______________________________________________________
Terry Hinze, Board Secretary SCUCISD
Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: January 6, 2009 Department: Engineering /Public Works Subject: Ordinance No. 09-D-01-Recommendation to amend speed limit signs
on Live Oak Rd. to 35mph. (First Reading) BACKGROUND As part of an ongoing review of the speed limits on City streets by the City Engineer, it was determined that Live Oak Rd. is not
covered under Section 86-115 Maximum Limits Generally of the City Code of Ordinance. It was noted that this stretch of Live Oak Rd. is governed by two different speed limits. Two traffic
studies were performed, which determined that in order to maintain consistency, the speed limit should be 35mph throughout the entire length of Live Oak Road. FISCAL IMPACT The Fiscal
Impact will be $375.00. Proposed FY 2008-2009 budget, Account number: 101-359-551600 – Street Maintenance. RECOMMENDATION Staff recommends Council approval to amend speed limit signs
on Live Oak Rd. thus amending ordinance Section 86-115 Maximum Limits Generally. ATTACHMENT Ordinance No. 09-D-01 Exhibit for Live Oak Road East Live Oak Traffic Study – 40mph East Live
Oak Traffic Study – 30mph
ORDINANCE NO. 09-D-01 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION
86-115, MAXIMUM LIMITS GENERALLY; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I THAT, Section 86-115 of the Code of Ordinances,
City of Schertz, Texas be amended to add the following: “Section 86-115, Maximum limits generally. (a) As a result of a traffic and engineering survey conducted by the traffic engineer,
the maximum, reasonable, safe and prudent speed limit has been found and is hereby declared to be 20 miles per hour on any street in any residential or business district in the city,
except as may be otherwise provided in this article…the limits specified in this section shall be lawful, but any speed in excess of such limits shall be prima facie evidence that the
speed is not reasonable and prudent and that it is unlawful Street Extent Speed Limit Live Oak Road Entire length of roadway 35 MPH SECTION II THAT, all Ordinances or parts of Ordinances
in conflict with this Ordinance are hereby repealed. SECTION III This Ordinance shall be effective from and after its final passage and any publication required by the City Ordinance.
APPROVED on first reading the 6th day of January, 2009. PASSED, APPROVED AND ADOPTED this the ______day of __________, 2009. ___________________________________ Mayor, City of Schertz,
Texas ATTEST: ______________________________ City Secretary, City of Schertz
EAST LIVE OAK ROAD TRAFFIC STUDY SUMMARY 40 MPH Study Time 2 Days Address East Live Oak Road % Posted speed 40 mph TOTAL COUNT 8096 5-14 MPH 18 0.2% 15-19 MPH 14 0.2% 20-24 MPH 97 1.2%
25-29 MPH 631 7.8% 30-34 MPH 2450 30.3% 35-39 MPH 3601 44.5% 40-44 MPH 1111 13.7% 45-49 MPH 154 1.9% 50-54 MPH 15 0.2% 55-59 MPH 5 0.1% 8096 Ave. # per day 4048 100% EAST LIVE OAK ROAD
TRAFFIC STUDY 40 MPH 0 500 1000 1500 2000 2500 3000 3500 4000 5-14 MPH 15-19 MPH 20-24 MPH 25-29 MPH 30-34 MPH 35-39 MPH 40-44 MPH 45-49 MPH 50-54 MPH 55-59 MPH East Live Oak Road
EAST LIVE OAK ROAD TRAFFIC STUDY SUMMARY 30 MPH Study Time 3 Days Address East Live Oak Road % Posted speed 30 mph TOTAL COUNT 10542 5-14 MPH 22 0.2% 15-19 MPH 25 0.2% 20-24 MPH 116
1.1% 25-29 MPH 1438 13.6% 30-34 MPH 3668 34.8% 35-39 MPH 3208 30.4% 40-44 MPH 1544 14.6% 45-49 MPH 428 4.1% 50-54 MPH 77 0.7% 55-59 MPH 16 0.2% 10542 Ave. # per day 3514 100% EAST LIVE
OAK ROAD TRAFFIC STUDY 30 MPH 0 500 1000 1500 2000 2500 3000 3500 4000 5-14 MPH 15-19 MPH 20-24 MPH 25-29 MPH 30-34 MPH 35-39 MPH 40-44 MPH 45-49 MPH 50-54 MPH 55-59 MPH East Live Oak
Road
Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: January 6, 2009 Department: Public Works Subject: Impact Fee Exemptions BACKGROUND The City Attorney will report on political
subdivisions’ rights to be exempt from the payment of impact fees. FISCAL IMPACT No fiscal impact. RECOMMENDATION Staff recommends Council’s approval to exempt the City of Schertz, and
other political subdivisions from City of Schertz water and sewer impact fees and to exempt the City of Schertz from impact fees imposed by other political subdivisions. ATTACHMENT Exhibit
for current City project impact fees
Meter Size Schertz Impact SSLGC Impact Schertz Sewer CCMA's Sewer Recreation Center Building 3" $52,608.00 $20,192.00 To Be Determined To Be Determined Irrigation 1" $8,220.00 $3,155.00
Library Building 1.5" $16,440.00 $6,310.00 $1,950.52 $2,574.00 Irrigation 1" $8,220.00 $3,155.00 Kramer House Building 5/8" $3,288.00 $1,262.00 $1,364.00 $1,800.00 Irrigation 1" $8,220.00
$3,155.00 Schertz Parkway # Meters ( 14 ) $46,032.00 $17,688.00 N/A N/A New Irrigation Meters Irrigation 5/8" Impact fee totals $143,028.00 $54,917.00 $3,314.52 $4,374.00 City Projects
Agenda No. 5 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: January 6, 2009 Department: Engineering Subject: Bid # 08-PW-41-02 -Park Roads Construction BACKGROUND As part of
the development of the City Complex and Recreation facilities, a road network was contemplated with an entrance at Schertz Parkway adjacent to the new Welcome Center and continuing to
the ball fields. This Project is collectively known as the Parks Roads Project. At the November 25, 2008 Council Meeting, the City Engineer recommended that all bids for this project
be rejected due to the first bid exceeding the budgeted amount and that the project be re-bid after modification to the scope of work. This project was bid on December 4, 2008 with seven
contractors submitting bids. A tabulation of the bids is attached. The apparent low bidder is JR Sitework with a bid of $380,856.50. As bid, the total project consists of construction
of 3,150 lineal feet of new streets, 22,750 square yards of parking lot pavement, sidewalks grading topsoil and associated amenities. FISCAL IMPACT Budgeted : $500,000.00 Current Estimated
total cost, including engineering, construction and incidentals: $460,365.50 Under Budget $ 39,634.50 RECOMMENDATION The City Engineer concurs with Don McCrary and Associates recommendation
that Council award the bid for the Parks Road Construction Project to JR Sitework in the amount of $380,856.50. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above
stated staff recommendations are hereby approved and authorized. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 6th day of January, 2009,
at which meeting a quorum was present, held in accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq.
City Council Memorandum Page 2 APPROVED _________________________ Hal Baldwin, Mayor ATTEST: __________________________ Brenda Dennis, City Secretary