03-10-2009 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 REGULAR AGENDA TUESDAY, MARCH 10, 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. PRESENTATIONS • Presentation and consideration and/or action regarding the
FY 2007/2008 Comprehensive Annual Financial Report (CAFR) Debbie Fraser • Presentation and Discussion on request for information from Council regarding danger from wildland fire originating
on or traversing City owned property. (D. Covington) (requested by Councilmember Fowler) 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 an?y inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place
the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have
registered. Discussion and/or Action Items 1. Minutes – Discussion and/or action regarding the approval of the minutes of the Regular Meeting of March 3, 2009. 2. Resolution No. 09-R-13
– discussion and/or action approving a Resolution establishing scholarship amount and application procedures for the Hal Baldwin Scholarship, and other matters in connection therewith.
(B. Dennis) (item is being brought back to Council for Consideration). 3. Ordinance No. 09-M-08 – Consideration and/or action amending the Code of Ordinances Chapter 50 Article IX Section
50-306 through Section 50-312 regulations of Graffiti in the City of Schertz. (B. Todd) 3-10-09 Council Agenda
4. Resolution No. 09-R-14 -Bid # 08PK-51-S-01 -Mowing and Landscaping Bid Services – Consideration and/or action awarding the Mowing and Landscaping Services Contract to Total Lawn and
Sprinkler, Inc. for $28,000.00. (G. Logan) 5. Resolution No. 09-R-15 – Consideration and/or action approving a resolution designating particular areas, particular dates, and particular
times related to curfew hours and noise restrictions, and parking during Doggie Dash 2009. (G. Logan) 6. Resolution No. 09-R-16 – Consideration and/or action approving a resolution adopting
a written identify theft prevention program. (B. Dennis/J. Bierschwale) 7. Ordinance No. 09-F-09 -Consideration and/or action approving an ordinance revising the rates for Bexar Waste.
First Reading (J. Bierschwale) 8. Old Library Facility – Discussion and/or action regarding the use of the Old Library Facility. (Mayor Baldwin, Don Taylor, George Logan) Requests and
Announcements 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information
11. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing
education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items 12. Announcements
by City Manager • Recognition of City employee actions • New Departmental initiatives EXECUTIVE SESSION Called under Section 551.071 (Consultation with Attorney), 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 13. Take any action
deemed necessary as a result of the Executive Session. 3-10-09 City Council Agenda Page -2 -
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
5th DAY OF MARCH, 2009 AT ll: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 _______________, 2009. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities
Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 619-1030 at least 24
hours in advance of meeting. 3-10-09 City Council Agenda Page -3 -
3-10-09 City Council Agenda Page -4 -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 – Animal
Advisory Board Liaison -Schertz Chamber of Commerce Liaison -Board of Adjustment 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 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 Hal Baldwin Scholarship Committee Councilmember Scagliola Liaison – Animal Advisory Board 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 Hal Baldwin Scholarship Committee
Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: March 10, 2009 Department: Administration Subject: Minutes BACKGROUND On March 3, 2009 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 March 3, 2009 minutes.
ATTACHMENT Minutes 03-03-09
MINUTES REGULAR MEETING March 3, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 3, 2009 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 John Bierschwale Assistant City Secretary Mary Ybarra
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. PRESENTATION • Certificates of Appreciation – City Employees Mayor
Baldwin recognized Rita Duprat-Waldo, Assistant to the City Manager/Risk Manager, who introduced this item stating that she is very proud to introduce the customer relationships team
(311 Department) who has on their own time, without pay, volunteered to help several city departments, volunteered at several city events, organized several employee socials and planned
the employee Thanksgiving Dinner. She stated that they recently helped a local church clean Schertz Parkway. She is very proud of this team for going above and beyond on behalf of the
City. Mayor Baldwin recognized Linda Babineau, Nancy Johnson and Rodolfo Rosales with the 311 Department presenting them with a certificate for their volunteer efforts and thanked them.
• Certificates of Appreciation and recognition to the 50th Anniversary Committee Mayor Baldwin recognized Mayor Pro-Tem Carpenter who introduced this item stating how the committee was
formed to help the city celebrate its 50th Anniversary and how many of the committee members spent many nights planning events for every month of 3-3-09 Minutes
the year. This committee represented the City in a great manner and the City is grateful for all their work and dedication. Mayor Baldwin recognized the following members from the 50th
Anniversary Committee that were present: Councilmember Michael Carpenter, Vallery Mallard, Melba Smith, Mary Ann Mallard, Debbie Krause, and Erin Matlock, and thanked them for all their
efforts. Those committee members not present were Maria Scagliola, Meghan Scagliola, Diana Grahen, Sheryll Autry, and Shannon O’Brien. HEARING OF RESIDENTS Mayor Baldwin recognized the
following citizens: • Robert Brockman, 1000 Elbel, who asked when 311 would go 24/7. He also inquired if all cell phones have the capability to dial 311 and get the City of Schertz.
Mr. Brockman inquired the date of completion on Schertz Parkway at Beck Street where the pavement failed and when would it go to two lanes? • Johnny Bierschwale spoke on the upcoming
Wilenchik Walk for Life scheduled for Saturday morning March 7th at 8:00 am with registration beginning at 7:30 am. He acknowledged the sponsorship for the event. Discussion and/or Action
Items 1. Minutes – Discussion and/or action regarding the approval of the minutes of the Regular Meeting of February 24, 2009. Mayor Baldwin recognized Councilmember Fowler who moved,
seconded by Councilmember Trayhan to approve the minutes of February 24, 2009. Vote was unanimous. Motion Carried. 2. Hal Baldwin Scholarship Application Guidelines – Discussion and
consideration and/or action regarding the application guidelines of the Hal Baldwin Scholarship. (M. Spain) Mayor Baldwin recognized Councilmember Wilenchik who introduced this item
stating that the City Council established the Hal Baldwin Scholarship and appointed an Advisory Committee to assist the City Council with the Scholarship process. The Advisory Committee
has recommended the Scholarship amount and the application procedures. The Advisory Committee has recommended the Scholarship amount of $1,000. The application procedures consist of:
student’s resume, a a statement regarding the student’s educational goals and career intentions that reflect his or her interest in public service, an essay on one of two topics (a)
What a public service means to me, (b) Assume it is 2039, My career in public service; two letters of recommendation, 3-3-09 Minutes Page -2 -
one from a high school faculty member (home-schooled students may be recommended by any person who has been your instructor who is not a relative), and one from any person who is not
a relative. Councilmember Wilenchik stated that applicants need to deliver the Application Cover Page and the required attachments to the City Secretary of the City of Schertz in a sealed
envelope marked “Hal Baldwin Scholarship Application”. Complete application packages must be received by the City Secretary no later than the close of business on April 30, 2009; incomplete
Applications will not be considered. Councilmember Wilenchik stated a five-member panel would review each complete Application package and submit the panels’ recommended Scholarship
recipient to the Schertz City Council. The City Council will determine the winner no later than May 15th and is expected to present the Scholarship at the June 9th City Council meeting
at the City of Schertz City Council Chambers. After Council discussion, it was determined that that Council would consider the resolution at the next meeting and that this evening Council
would act on the application and guidelines. Mr. Ramon Cook pointed out that there are three other High Schools within the city limits of Schertz. Mayor Pro-Tem Carpenter moved, seconded
by Councilmember Trayhan to approve application and guidelines to the Baldwin Scholarship, and that Council would wait to approve the resolution at next meeting. Vote was unanimous.
Motion Carried. 3. EMS Write-offs -Consideration and/or action approving the EMS Write-off. (D. Wait) Mayor Baldwin recognized EMS Director Dudley Wait who introduced this item stating
per City Policy, EMS is to bring uncollectible debt and non-collectable contractual allowables to City Council throughout the year. For uncollectible debt, we are to write the debt off
after 180 days of non-payment. Mr. Wait stated this is the first write-off of FY 2008-2009 totaling $1,001,272.02 out of an anticipated budgeted amount of $2,931,698 of total Bad Debt
Expenses. EMS recommends City Council approve the Write-Off amount of $1,001,272.02 Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Mayor Pro-Tem Carpenter to approve
the EMS Write-off in the amount of $1,001,272.02. Vote was unanimous. Motion Carried 4. Utility Billing Write-Off – Consideration and/or action approving the Utility Billing Write-off.
(K. Garcia) 3-3-09 Minutes Page -3 -
Mayor Baldwin recognized Business Office Manager Karen Garcia who introduced this item stating that per City Policy, Utility Billing is to bring uncollectible debt to City Council throughout
the year. For uncollectible debt, we are to write the debt off after 180 days of non-payment. Councilmember Trayhan asked for clarification on the number of days, is it 180 days, and
asked why the city would write off a bad debt from a builder that is working in the City. Assistant City Manager Bierschwale stated that it is actually 90 days of non-payment. Ms. Garcia
reported that the builder’s debt had been collected. Mayor Baldwin recognized Mayor Pro-Tem Carpenter who moved, seconded by Councilmember Trayhan to approve the Utility Billing Write-Off
in the amount of $16,018.69. Vote was unanimous. Motion Carried 5. Bid # 09-PK-04-C-01 – Consideration and/or action awarding contracts for the Schertz Recreation Center. (Larry Dublin,
P.E., City Engineer) Mayor Baldwin recognized City Engineer Larry Dublin who introduced introduced this item stating that at the January 20, 2009 Regular Meeting, Staff recommended,
and Council concurred, certain bids received in the Phase II and III solicitation be rejected as non-responsive and/or out of budget. It was recommended and approved to re-bid these
rejected items. A re-bid was held on February 12, 2009 and bids were reviewed by staff to award bids to multiple bidders in the total amount of $1,077,568 to be paid out of the bond
fund. This is a reduction of $374,974 from the original rejected bids. The City of Schertz received bids from 17 local contractors for the following work: • Pre-Cast Hollow Core Plank
Fabrication and Installation • Tilt Panel Construction and Erection • Structural Steel Fabrication and Erection • Metal Framing Installation • Batt Insulation • Acoustical Ceiling •
Sheetrock • Doors and Frames • Framed Entrances and Store Fronts • Aluminum Curtain Walls • Glass and Glazing Floor Hatch Material The bids were reviewed and Staff recommends awarding
the amount of: of: $1,077,568.41. This is a reduction of $375,974.00 as a result of the rejection and re-bidding of these categories. 3-3-09 Minutes Page -4 -
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Wilenchik to award contracts for the following work to the listed contractor: Division 3 Manco Structures,
LTD $256,000.00 Divisions 3 and 5 WS Steel Erection $155,548.00 Division 5 Rast Iron Works $274,492.00 Divisions 5, 7, 8, & 9 Rodriguez & Sons $224,800.00 Division 8 Texas Air Products
$ 6,990.00 Division 8 Horizontal Hardware Specialties $ 15,162.00 Division 8 Tom’s Glass Service $144,576.41 TOTAL $1,077,568.41 Vote was unanimous. Motion Carried Requests and Announcements
6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized Mayor Pro-Tem Carpenter who asked that Resolution 09-R-13 be placed
on the next agenda for consideration. Mayor Baldwin asked that the audit report be placed on the next agenda for consideration. 7. Requests by Mayor and Councilmembers to City Manager
and Staff for information Mayor Baldwin recognized Councilmember Fowler who asked if if the city had applied or is planning to submit any MPO funding for City projects. He also inquired
on when the city website interactive maps would be available. 8. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee
and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community
volunteers • Upcoming City Council agenda items Mayor Baldwin recognized Councilmember Fowler who reported he attended the following meetings: 3-3-09 Minutes Page -5 -
-EDC and the Parks and Recreation meeting and reported on the ongoing work and plans. Mayor Baldwin recognized Councilmember Scagliola who reported he attended the following events:
-Friday, February 27th attended the Chamber Luncheon and said goodbye to Frances Rushing, who is relocating to Fredericksburg. -Attended a Census 2010 Focus group meeting in Austin.
Mayor Baldwin recognized Councilmember Wilenchik who reported he attended the following: -Tuesday, March 3rd the first meeting on the 2009 Doggie Dash was held to mark your calendars
for May 30, 2009 Mayor Baldwin announced that Schertz/Seguin Local Government Corporation is meeting Wednesday, March 4, 2009 at 3:00 pm. The Historical Preservation committee is scheduled
to meet a week from Thursday. Mayor Baldwin mentioned that the Northeast Partnership group traveled to Austin to meet with legislators on proposed legislation of interest to the group.
9. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives No announcements were noted EXECUTIVE SESSION Called Under Section 551.074 – Deliberate
the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the Municipal Judge. Mayor Baldwin recessed into executive session at 7:20 p.m. RECONVENE TO
REGULAR SESSION Mayor Baldwin reconvened into regular session at 7:49 p.m. 10. Take any action deemed necessary as a result of the Executive Session Mayor Baldwin recognized Councilmember
Wilenchik who moved, seconded by Councilmember Trayhan to approve a satisfactory rating on Municipal Judge Hrncir and Municipal Judge Takas and approve 5% increase. Vote was unanimous.
Motion carried. 3-3-09 Minutes Page -6 -
3-3-09 Minutes Page -7 -Mayor Baldwin asked Council to allow him to reconsider and reopen Agenda item 4, the Utility billing write-offs and asked for a motion from Council to do so.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Wilenchik to reconsider agenda Item 4, utility billing write-off due to a correction to the amount
of the write-off amount. Vote was unanimous. Motion Carried Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Wilenchik to approve the Utility Billing
Write-Off in the amount of $15,957.84. Vote was unanimous. Motion Carried ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 7:50 p.m. ________________________________
__ Hal Baldwin, Mayor ATTEST: _______________________________________ Mary Ybarra Assistant City Secretary
Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: March 10, 2009 Department: City Manager Subject: Hal Baldwin Scholarship BACKGROUND On February 10, 2009, the City Council
established the Hal Baldwin Scholarship and appointed an Advisory Committee to assist the City Council with the Scholarship process. The Advisory Committee has recommended the Scholarship
amount and the application procedures, which are set forth in the attached Resolution 09-R-13. At the Council meeting of March 3, 2009 City Council approved the application and guidelines
to the Baldwin Scholarship, and voted to approve the resolution at this meeting. FISCAL IMPACT $1,000 per year RECOMMENDATION Adoption of Resolution 09-R-13 ATTACHMENT Resolution 09-R-13
CCM Baldwin Scholarship.doc
RESOLUTION NO. 09-R-13 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ESTABLISHING SCHOLARSHIP AMOUNT AND APPLICATION PROCEDURES FOR THE HAL BALDWIN SCHOLARSHIP, AND
OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, by Resolution 09-R-03, adopted on February 10, 2009, the City Council established the Hal Baldwin Scholarship and appointed an Advisory
Committee to, among other matters, recommend the amount of the Scholarship and application procedures for the Scholarship; and WHEREAS, the Advisory Committee has recommended a $1,000
annual Scholarship and the Application Procedures set forth on Exhibit A attached hereto. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council
hereby approves an annual $1,000 Hal Baldwin Scholarship and Application Procedures 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. Resolution Baldwin
Scholarship.doc
Resolution Baldwin Scholarship.doc PASSED AND ADOPTED, this 10th day of March, 2009. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL)
EXHIBIT A HAL BALDWIN SCHOLARSHIP APPLICATION PROCEDURES See attached Resolution Baldwin Scholarship.doc A-1
Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: March 10, 2009 Department: Inspections Subject: Ordinance No. 09-M-08 -Amended and Restated Graffiti Ordinance BACKGROUND On
February 26, 2008, the City Council adopted Ordinance No. 08-M-08 in order to combat graffiti within the City. Subsequent to the adoption of Ordinance No. 08-M-08, there have been incidents
involving graffiti placed on commercial property that is occupied by an ongoing business and such graffiti has not been timely removed. The attached ordinance amends and restates Ordinance
No. 08-M-08 by removing “or that is a commercial property that is occupied by an ongoing business” from the excepted property not subject to the offenses described in Section III. FISCAL
IMPACT None RECOMMENDATION Adoption of Ordinance No. 09-M-08 ATTACHMENT Ordinance No. 09-M-08 50157576.1
ORDINANCE NO: 09-M-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 50, ARTICLE IX, GRAFFITI. WHEREAS,
graffiti is an issue of ongoing concern to the City Council of the City of Schertz because the problem impacts every part of the City; and WHEREAS, the City Council finds that graffiti
encourages vandalism, additional graffiti, and other criminal activities, produces urban blight, and tends to reduce property values; and WHEREAS, the City Council previously determined
that it was in the best interests of the City to establish a program to discourage graffiti and adopted Ordinance No. 08-M-08 on February 26, 2008, which was later codified in Chapter
50, Article IX of the Code of Ordinances, City of Schertz, Texas; and WHEREAS, the City Council reaffirms its previous finding that (i) placing graffiti on any property without the consent
of the owner of such property and carrying graffiti implements with intent to engage in graffiti is a public nuisance and contributes to public nuisances and should be discouraged and
punished, and (ii) requiring property owners to remove graffiti and providing enforcement actions for failure to remove graffiti from private property is in the best interest of the
public’s health and safety; and WHEREAS, the City Council finds that, subsequent to the adoption and codification of Chapter 50, Article IX, there have been incidents involving graffiti
placed on commercial property that is occupied by an ongoing business and that such graffiti has not been timely removed; and WHEREAS, the City Council desires to amend Chapter 50, Article
IX, Section 50-307(b) of the Code of Ordinances, City of Schertz, Texas to remove “or that is a commercial property that is occupied by an ongoing business” from the excepted property
not subject to the offenses described in Section 50-307. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I AMENDMENT. Chapter 50, Article IX,
Section 50-307 of the Code of Ordinances, City of Schertz, Texas is hereby amended to read as follows: “Sec. 50-307. Failure to remove graffiti--Offenses. (a) It shall be unlawful for
any property owner to fail to abate or cause the abatement of graffiti from his or her property after receiving written notice as provided in section 50-310 of this article of such nuisance
and being given a reasonable opportunity to effect the abatement as provided in section 50-310 of this article. 50157321.2 -1-
50157321.2 -2-(b) This section shall not apply to property that is residential owner-occupied. (c) This section shall not apply to property or structures owned by federal, state, or
local governments or railroads if they have in effect a city-approved graffiti abatement plan.” SECTION II SEVERABILITY. If any provision of this Ordinance is illegal, invalid, or unenforceable
under present or future laws, then and in that event, the remainder of this Ordinance shall not be affected thereby. SECTION III EFFECT ON PRIOR ORDINANCE. Chapter 50, Article IX, Section
50-307 of the Code of Ordinances, City of Schertz, Texas is hereby amended by this Ordinance. Such amendment shall not affect any enforcement actions currently on-going pursuant to Chapter
50, Article IX, Section 50-307, as adopted on February 26, 2008, which shall be deemed to be on-going pursuant to this Ordinance. SECTION IV EFFECTIVE DATE. This Ordinance shall be in
force and effect from and after its final passage and any publication required by law. PASSED AND APPROVED on first reading the 10th day of March, 2009. PASSED AND FINALLY APPROVED on
second and final reading the ____ day of March, 2009. Mayor ATTEST: City Secretary [CITY SEAL]
Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: February 24, 2009 Department: Parks, Recreation and Community Services Subject: Resolution No. 09-R-13 -Discussion: Consider
a resolution entering in to a contract with Total Lawn and Sprinkler, Inc. for contractual mowing services BACKGROUND The City of Schertz Department of Parks Recreation and Community
Services and the Purchasing Department, have recently completed a review of an RFP for contractual Mowing Services. This Proposal identified 14 areas that currently are contracted and
several areas that could be contracted. The City sent out twelve proposals to local and area mowing contractors. The
City received three proposals from the following Contractors: • Maldonado’s Landscape, San Antonio, Texas • Cantu Mowing Services, San Antonio, Texas • Total Lawn and Sprinkler, Inc.,
San Antonio, Texas The City has met with the low quote vendor: Total Lawn and Sprinkler, Inc. from San Antonio, Texas. Total Lawn and Sprinkler, Inc. supplied quotes within our anticipated
and budgeted amounts for the mowing services. (See Attached Quote Comparison Matrix). Included in this contract, Staff has included future City facility sites, which include the New
Library, Recreation Center, Visitor’s Center, and Activity Center. Our Recommendation is to enter into a five (5) year contract for mowing services. FISCAL IMPACT: The Parks and Recreation
Department has budgeted $41,000.00 in Contractual Mowing Services and the fiscal impact for 2008/2009 budget will be $28,000.00. Attachments: Resolution No. 09-R-13 Mowing Tabulation
Sheet
City Council Memorandum Page 2
RESOLUTION NO. 09-R-13 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT FOR MOWING SERVICES BETWEEN THE CITY OF SCHERTZ AND TOTAL LAWN AND SPRINKLER,
INC. WHEREAS, the City Council (the “City Council”) of the City of Schertz (the “City”) has determined that it is in the best interest of the City to enter into a Mowing Services Contract
with Total Lawn and Sprinkler, Inc relating to Park maintenance at 14 City locations; 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 or their designee to execute a contract with Total Lawn and Sprinkler, Inc for mowing services outlined in Exhibit A. Section 2. The
recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment
and findings of the City Council. Section 3. All resolutions or parts thereof, which are 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 10th day of March 2009. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) Resol 09-R-04.doc
EXHIBIT A CITY OF SCHERTZ CONTRACT WITH TOTAL LAWN AND SPRINKLER, INC. See attached Resol 09-R-04.doc A-1
LANDSCAPING AND MOWING BID TABULATION Total Lawn & Sprinkler Maldonado SA Cantu Contracting City of Schertz PROPERTY ADDRESS /LOCATION ESTIMATED ACREAGE PROPOSAL AMOUNT PROPOSAL AMOUNT
PROPOSAL AMOUNT Existing Rate New Annual Rate Annual Savings Schertz Municipal Facility 1400 Schertz Parkway 2.35 Acres; 9527 linear feet edging; 15 planting beds $8,788.50 $10,654.00
$37,800.00 $16,800.00 $8,788.50 $8,011.50 Schertz Parkway IH 35 N to 200 feet South of Live Oak Road, to exclude native area 5.44 Acres; 55,674 linear feet edging of islands; 1 planting
bed and 524 linear feet edging of Welcome to Schertz sign $8,056.13 $23,546.00 $52,500.00 $23,026.00 $8,056.13 $14,969.87 New Schertz Parkway extension 200 feet South of Live Oak Road
to FM 78 0.513 Acres; 1,055 linear feet edging; $3,954.83 $6,642.00 $9,450.00 $6,278.00 $3,954.83 $2,323.17 Legacy Oaks Parkway Islands located across the street from the Shell Gasoline
Station on IH 35 frontage road 0.086 Acres; 838 linear feet edging $1,757.70 $3,561.00 $5,040.00 $$2,242.00 $1,757.70 $484.30 Visitor Center Grounds 1730 Schertz Parkway 0.79 Acres;
300 linear feet edging $1,757.70 $3,144.00 $5,040.00 $6,278.00 $1,757.70 $4,520.30 Country Club Drive Islands from IH 35 frontage road to Northcliffe Golf Course 0.52 Acres; 3,918 linear
feet edging $2,926.90 $7,677.00 $10,500.00 $11,200.00 $2,926.90 $8,273.10 Northcliffe Community Center Morning Drive to Country Club Drive 2.2 Acres; 1592 linear feet edging $2,197.13
$3,336.00 $7,980.00 $11,200.00 $2,197.13 $9,002.87 Northcliffe Park 4601 Cherry Tree 1.65 Acres; 3,300 linear feet edging; $3,515.40 $5,538.00 $7,980.00 $11,200.00 $3,515.40 $7,684.60
Public Library, Recreation Center, Senior Center, and Children’s Playscape 600 to 700 block of Schertz Parkway *Note: New Library and Recreation Center currently under construction.
.865 Acres; 2089 linear feet edging; Approximately 8.0 acres and 2500 linear feet edging to be added upon completion of facilities. $7,909.65 $14,034.00 $75,600.00 $15,695.00 $7,909.65
$7,785.35 Animal Animal Control Facility 1298 Borgfeld Road 1.327 Acres; 2,181 linear feet $2,197.13 $3,696.00 $9,450.00 $3,108.00 $2,197.13 $910.87 Emergency Services Building #2 IH
35 and FM 2252 (frontage road included) .987 Acres; 2,543 linear feet edging; 5 planting beds $1,977.74 $3,666.00 $11,130.00 $7,848.00 $1,977.74 $5,870.26 Schertz Plex Open Space Behind
the Municipal Complex at 1400 Schertz Parkway 40.8 Acres (mow with shredder); 2,846 linear feet edging $2,021.20 $1,632.00 $18,942.00 $3,587.00 $2,021.20 $1,565.80 City owned Lot 217
Aviation .0139 Acres; 343 linear feet edging $439.43 $2,184.00 $1,680.00 $2,242.00 $439.43 $1,802.57 City owned Parking Lot 200 FM 78 .082 Acres; 619 linear feet edging $439.43 $2,184.00
$3,780.00 $2,242.00 $439.43 $1,802.57 $47,938.87 $91,494.00 $256,872.00 $122,946.00 $47,938.87 $75,007.13
MOWING AND LANDSCAPE CONTRACT BETWEEN CITY OF SCHERTZ AND TOTAL LAWN AND SPRINKLER, INC THIS Contract (“CONTRACT”) is entered by and between the City of Schertz, a Texas municipality
(“CITY”), located at 1400 Schertz Parkway, Schertz, Texas 78154 and Total Lawn and Sprinkler, Inc (“VENDOR”) located at 22903 Tornillo Drive, San Antonio, Texas 78258. The term of this
CONTRACT will begin on March 4, 2009 and end on March 8, 2013 (a five (5) year term). This CONTRACT may be extended for two (2) optional five (5) year terms if both parties are in agreement
with renewal terms and conditions and with approval by the City of Schertz City Council. The total term period shall not exceed a maximum of a combined period of fifteen (15) years.
Should funding for these services be discontinued the CITY will be allowed to terminate this agreement with no penalties or additional costs. The Proposal for Mowing and Landscape Services
(“PROPOSAL”) submitted by VENDOR will be attached as “Attachment A” to this CONTRACT. 1. PROJECT The project (“PROJECT”) consists of a full growing season of mowing, trimming, edging,
blowing, pruning, weed abatement, fertilization, and litter removal within designated areas of the City of Schertz, Texas as outlined in the Request for Proposal of Mowing and Landscape
Services (RFP #08-PK-51-S-01). 2. SERVICES VENDOR will mow all turf areas weekly (unless otherwise indicated) at recommended heights during the growing season and noticeable clippings/grass
clumps on turf areas will be removed. Any changes in the mowing height are to be approved by the CITY. Bruising or rough cutting of the grass is not permitted. Mowers will be adjusted
and operated so the grass is cut at a uniform height. The turf will be crosscut to help prevent the grass from growing in one direction and becoming rutted. In an effort to not bag lawn
clippings, mulching mowers are preferred to mowers that throw clippings into rows. Mowing will not be permitted within 18" of each tree in order to avoid damage to trees. Wildflowers
of significant stands are not to be mowed from March through June. VENDOR is required to consult with the CITY and receive approval before mowing any areas containing wildflowers in
bloom. All edging will be done with a fixed blade edger that leaves a sharp edge (not a monofilament trimmer). All turf will be edged and trimmed each time turf is mowed. All sidewalks,
curbs, and steps will be mechanically/vertically edged using a metal blade exposing concrete surface to be completed at the end of first cut. Sidewalks must be edged on both sides. All
material
C ITY OF SCHERTZ (2) 3 MOWING & LANDSCAPE CONTRACT dislodged by edging must be removed from the site. Monofilament trimming will be used for grass around fences, buildings, tree wells,
posts, and other obstacles. Monofilament trimming will not be used around tree trunks. Trimming will include the removal of suckers (by hand, using hand pruners) from the trunk and/or
base of all trees and ornamental trees. Shrubs, groundcovers, espaliered shrubs, and vines are pruned according to recommended horticultural practices to maintain a clean, attractive
appearance. (Reference ANSI A 300 trimming specifications). All concrete, asphalt areas, brick pavers, paved ends on medians, and or right-of-ways shall be weed/grass free and blown
clean of all debris after each cycle. Weeds/grass growing in the expansion joints must be removed or treated with an approved herbicide as needed. All tree rings and planting beds shall
be maintained free of weeds/grass. Weeds will be removed by VENDOR during each maintenance cycle. Non-selective herbicide may be applied to some areas by a licensed applicator if approved
by the CITY. All litter (1” X 1” and larger) must be removed from turf prior to mowing. This includes, but not limited to, bottles, cans, paper, brush, rocks, tree limbs, etc. which
are not intended to be part of the landscape. Shredded litter must be removed the day of the complaint or a $25 penalty for each area identified per site will be deducted from the appropriate
monthly billing. The VENDOR shall pick up and remove all broken glass from paved areas and turf. The CITY will be contacted to remove large items such as mattresses, furniture, fencing,
and accident or construction debris. The mowing cycle will include sweeping/removing grass clippings from sidewalks and hard surfaces and removing debris/litter from planting, shrub
beds, and turf areas. Removal of cut grass from the turf area where growth occurred will not be required, unless otherwise specified. Windrows will not be permitted. Cut grass and debris
which falls or is thrown by equipment upon the pavement, streets, curb and gutters, sidewalks, driveways, or adjacent properties through the action of the VENDOR’S work crew, will be
removed from the area prior to the exit of the VENDOR’S work crew from the immediate work site. At no time shall any debris (litter, leaves, clippings, etc.) be blown into the streets
or other property. Excessive debris in the street or roadways must be removed from the site after each mowing and properly disposed. A $25 penalty will be deducted from the appropriate
monthly billing for each area reported, if not handled the day of complaint. All collected litter and debris will be disposed of in a lawful manner. .Fallen leaves will be removed from
the entire property (3 times per season). Unless otherwise instructed, the VENDOR shall accomplish all tasks listed on a regular schedule, as agreed upon by the VENDOR and the CITY.
Any variance from the prescribed schedule will require a minimum of twenty-four hour advance notification to the the CITY. All mowing is to be accomplished Monday through Friday, weather
permitting. It will be considered a breach of the CONTRACT if the schedule is repeatedly missed. The CITY reserves the right to cancel scheduled mowing cycles on a week-to-week basis,
based upon need, prevailing weather conditions, and available funding. On ozone alert days, VENDOR is required to refrain from mowing until after 10 A.M., unless diesel or propane powered
equipment is used. It is the responsibility of the VENDOR to be aware of ozone alert conditions. Failure to comply with these standards will be grounds for the following: First offense
is a verbal warning, second offense is a written warning, and a third warning could result in termination of the CONTRACT.
C ITY OF SCHERTZ (3) 4 MOWING & LANDSCAPE CONTRACT After fertilization and/or abundant rainfall, it may be necessary to mow selected areas twice per week in lieu of the specified once
per week. The CITY will determine if it is needed. The VENDOR shall furnish all supplies, tools, and equipment to be used on the job. No chemicals, herbicides (weed killers), insecticides,
fungicides, or fertilizers are to be used without the written approval of the CITY and proper posting in the area where these chemical are to be used. 3. SERVICE AREAS PROPERTY ADDRESS
/LOCATION ESTIMATED ACREAGE Schertz Municipal Facility 1400 Schertz Parkway 2.35 Acres; 9527 linear feet edging; 15 planting beds Schertz Parkway IH 35 N to 200 feet South of Live Oak
Road, to exclude native area 5.44 Acres; 55,674 linear feet edging of islands; 1 planting bed and 524 linear feet edging of Welcome to Schertz sign New Schertz Parkway extension 200
feet South of Live Oak Road to FM 78 0.513 Acres; 1,055 linear feet edging; Legacy Oaks Parkway Islands located across the street from the Shell Gasoline Station on IH 35 frontage road
0.086 Acres; 838 linear feet edging Visitor Center Grounds 1730 Schertz Parkway 0.79 Acres; 300 linear feet edging Country Club Drive Islands from IH 35 frontage road to Northcliffe
Golf Course 0.52 Acres; 3,918 linear feet edging Northcliffe Community Center Morning Drive to Country Club Drive 2.2 Acres; 1592 linear feet edging Northcliffe Park 4601 Cherry Tree
1.65 Acres; 3,300 linear feet edging; Public Library, Recreation Center, Senior Center, and Children’s Playscape 600 to 700 block of Schertz Parkway *Note: New Library and Recreation
Center currently under construction. .865 Acres; 2089 linear feet edging; Approximately 8.0 acres and 2500 linear feet edging to be added upon completion of facilities. Animal Control
Facility 1298 Borgfeld Road 1.327 Acres; 2,181 linear feet Emergency Services Building #2 IH 35 and FM 2252 (frontage road included) .987 Acres; 2,543 linear feet edging; 5 planting
beds Schertz Plex Open Open Space Behind the Municipal Complex at 1400 Schertz Parkway 40.8 Acres (mow with shredder); 2,846 linear feet edging City owned Lot 217 Aviation .0139 Acres;
343 linear feet edging City owned Parking Lot 200 FM 78 .082 Acres; 619 linear feet edging
C ITY OF SCHERTZ (4) 5 MOWING & LANDSCAPE CONTRACT 4. LAWS & REGULATIONS: The VENDOR must be licensed by the Texas Structural Pest Control Board and/or Texas Department of Agriculture.
All herbicides shall be mixed and applied in strict accordance with the manufacturer’s E.P.A. Registered Label. The VENDOR shall comply with all pesticide/herbicide application requirements
as set forth by the Texas Structural Pest Control Board, the Texas Department of Agriculture, the Federal Environmental Protection Agency, and manufacturers’ instructions provided with
chemicals on labels and/or accompany brochures. All equipment used by the VENDOR for herbicide application must be inspected and licensed by the Texas Structural Pest Control board or
Texas Department of Agriculture and must comply with all applicable State, Federal and OSHA regulations. Warning signage will be required and will be mounted on 12”-24" stakes or holders.
Signage is to be provided by the VENDOR with verbiage similar to the following: “WARNING: This Park/Facility is scheduled for an Herbicide Treatment in the next 48 hours. If turf appears
wet, please stay off until dry.” The signage is required to contain the VENDOR’S name and telephone number. The proper number and size of signs will be placed so as entrance into the
Park from any direction will not be possible without at least one sign being seen. Signage will be removed by VENDOR within 48 hours after application. 5. DAMAGES The VENDOR shall be
responsible for any damage to the property during the maintenance operation. The VENDOR shall be responsible for replacement of all trees, shrubs, ground covers, irrigation heads, irrigation
boxes, electrical boxes, and valves destroyed by the VENDOR’S employees during the maintenance operation. Trees and shrubs must not be bumped or marked by mowing or edging equipment.
Mulch rings shall be reshaped within twenty-four (24) hours when dislodged by mowing equipment. Damage to trees or tree collars will be assessed at $100.00 for each instance. Any hazardous
conditions and/or damage to CITY property will be reported to the CITY. 6. INSURANCE VENDOR must have the following insurance and must list the CITY as an additional insured. Insurance
will be verified before authorization to begin work is granted. Furthermore, during the performance of the VENDOR’S services insurance may be verified occasionally by the CITY to verify
VENDOR’S current standing with the insurance company. Coverage: Automobile General Liability Worker’s Comp. Each Occurrence 1,000,000.00 Fire Damage 500,000.00 Personal & Adv injury
1,000,000.00 Gen. Aggregate 2,000,000.00 Each Accident 100,000.00 Bodily Injury-each person 500,000.00 500,000.00 Bodily Injury-Each Accident 500,000.00 500,000.00 Property Damage each
accident 1,000,000.00 100,000.00
CITY OF SCHERTZ (56) MOWING & LANDSCAPE CONTRACT Workers’ Compensation is insurance that will protect the VENDOR, Owner and Owner Employees and agents from claims under statutory Workers’
Compensation laws, disability laws or such other employee benefit laws and that will fulfill the requirements of the jurisdiction in which the work is to be performed. This insurance
will be endorsed to provide coverage for multiple jurisdictions and other such indicated coverage as may be applicable. The VENDOR shall provide to Owner proof of Worker’s Compensation
Insurance for all persons involved in each project. Employers’ Liability insurance that will protect the VENDOR, Owner and Owner employees and agents for damages because of bodily injury,
sickness, disease of VENDORS employees apart from that imposed by Workers’ Compensation laws. This employer liability insurance shall have a minimum limit of liability of not less than:
$500,000.00 for Bodily Injury by Accident; $500,000.00 for Bodily Injury by Disease-Each employee; $500,000.00 for Bodily Injury by Disease-Policy Limit. Commercial Liability insurance
that will cover the entire scope of work and protect the VENDOR, Owner, and Owner employees and agents from claims for damages because of bodily injury, personal injury, sickness or
death and insurance that will protect the VENDOR, Owner and Owner employees and agents from claims for damages to or destruction of tangible property of others, including loss of use
thereof. This coverage shall include Broad Form Property Damage and shall cover independent VENDOR and shall not include any exclusions relating to blasting explosion, collapse of buildings
or damage to underground property where applicable. The minimum limits of liability shall be $2,000,000.00 in General Aggregate; $1,000,000.00 in Occurrence Limit; $1,000,000.00 in Products/Completed
Operations Aggregate; $1,000,000.00 in Personal and Advertising Injury; $50,000.00 in Fire Legal Liability; $5,000.00 in Medical Expense; $1,000,000.00 in contractual Liability. Comprehensive
Automobile Liability insurance that will protect the VENDOR, Owner, and Owner employees and agents from claims for damages arising out of the maintenance, operation, or use of any owner,
non-owned or hired vehicles. Minimum limits of liability for bodily injury and property damage combined shall be not less than $1,000,000.00 each occurrence. Umbrella Liability insurance
in the amount of $1,000,000.00. This policy shall be of an “Occurrence” type and the limit of liability shall be concurrent with and in excess of the Employers’ Liability, Commercial
Liability, and Comprehensive Automobile Liability insurance coverage described above. 7. TERMINATION OF AGREEMENT The CITY shall have the right to terminate this CONTRACT at will for
any reason by sending written notice to the VENDOR’S last known address set forth on the signature page of this CONTRACT. The VENDOR may terminate this CONTRACT in writing without penalty
by written notice to the CITY at the address set forth on the signature page of this CONTRACT within seven (7) calendar days after the date of this CONTRACT. Thereafter, the VENDOR 8.
PAYMENTS In exchange for the VENDOR’S services, the CITY shall pay the VENDOR the total price stated in the PROPOSAL of $47,938.87 (the “CONTRACT PRICE”). The CONTRACT PRICE
C ITY OF SCHERTZ (6) 7 MOWING & LANDSCAPE CONTRACT shall be subject to change with written approval by the CITY and the VENDOR, but not to exceed five percent (5%) of the PROPOSAL amount.
The CONTRACT PRICE will be paid on or about the 15th (fifteenth) day of every month for work performed (first payment scheduled on March 13, 2009 with a final payment scheduled March
17, 2009). VENDOR will request payment by submitting an itemized invoice no later than the first day of every month for work performed in the previous month to the City of Schertz, Finance
Department, 1400 Schertz Parkway, Building #2, Schertz, Texas 78154. VENDOR shall direct all questions concerning payments to the Finance Department at 210-619-1140. 9. ADDITIONAL WORK
Any additional work requested by the City will be performed on a negotiated time and material basis. 10. INDEMNIFICATION THE VENDOR SHALL INDEMNIFY AND HOLD THE CITY AND ALL CITY EMPLOYEES
HARMLESS OF AND FROM ANY EXPENSE OF ANY KIND RESULTING FROM CLAIMS, DEMANDS, DEBTS, LIABILITY, ACTIONS, OR CAUSES OF ACTION ARISING FROM OR RLEATED IN ANY WAY TO THE VENDOR’S ACTIONS,
INCLUDING WITHOUT LIMITATION, MECHANICS AND MATERIALMEN LIENS, OR DAMAGE TO PERSON OR PROPERTY. 11. NOTICES Any notice, demand, request, consent, approval or other communication required
or permitted to be given by the CITY under this CONTRACT shall be in writing signed by the City Manager and shall be delivered personally or by facsimile with confirmation, E-Mail with
confirmation, hand delivery with confirmation of delivery, first-class mail, or by certified U.S. mail, return receipt requested, at the address fro the VENDOR set forth on the signature
page of this CONTRACT. Notice shall be deemed to have been given by the VENDOR by its authorized representative if sent by facsimile with confirmation or certified U.S. mail, return
receipt requested to the CITY at the address set for on the signature page of this CONTRACT. (This portion of the page left blank intentionally)
C ITY OF SCHERTZ (7) 8 MOWING & LANDSCAPE CONTRACT IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT to be effective on the Effective Date provided on page 1 of this
CONTRACT. CITY OF SCHERTZ 1400 SCHERTZ PARKWAY SCHERTZ, TEXAS 78154 BY: PRINTED NAME: Don E. Taylor TITLE: City Manager DATE: TOTAL LAWN AND SPRINKLER, INC 22903 Tornillo Drive San Antonio,
Texas 78258 BY: PRINTED NAME: TITLE: DATE:
Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: March 10, 2009 Department: Parks, Recreation and Community Services Subject: Resolution No. 09-R-15-a resolution relating to
noise, parking and hours of operation and for the annual Schertz “Doggie Dash” BACKGROUND The City of Schertz, the Schertz Humane Society along with many volunteers, will again be hosting
and working the eighth Annual “Doggie Dash” on May 30, 2009. Volunteers and city staff working “The Doggie Dash” will begin arriving early on May 30, 2009, laying out the running course,
setting up the Pickrell Park Pavilion, setting up the Start of the race and setting up the Finish line areas. This resolution will waive the park curfew hours, noise ordinance restrictions
and the parking of motorized vehicles for the volunteers for the early morning hours of May 30, 2009. Several important support operations need to happen early that morning before the
race. These operations and this resolution will allow the annual “Doggie Dash” event to be be successful as planned similar to past “Doggie Dash” events. FISCAL IMPACT $200.00 Use Fee
for Pickrell Park Pavilion waived for this annual City Sponsored event RECOMMENDATION Staff recommends approval. ATTACHMENTS Resolution No. 09-R-15 Map
RESOLUTION NO. 08-R-15 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, DESIGNATING PARTICULAR AREAS, PARTICULAR DATES, AND PARTICULAR TIMES RELATED TO CURFEW HOURS AND
NOISE RESTRICTIONS, AND PARKING DURING DOGGIE DASH 2009. WHEREAS, it is the desire of the City Council to comply with Chapter 54 (Nuisances-Ordinance 09-H-03), Section 54.14 and Chapter
58 (Parks and Recreation), Sections 58.2, and 58.6 of Code of Ordinances, City of Schertz, Texas; and WHEREAS, Chapter 54, Section 54.14 provides that playing of musical instruments,
etc. and utilizing amplifiers in a manner or with some volume as described in such Section, particularly during the hours between 10:00 p.m. and 7:00 am is declared to be a noise nuisance;
and WHEREAS, Chapter 58, Section 58.2 provides that the City Council may designate particular parks and recreation areas and designate particular dates and particular times to which
the general curfew provisions of this Section shall not apply; and WHEREAS, Chapter 58, Section 58.6 provides that the City Council may designate parks and recreation areas in which
the parking of motorized vehicles is permitted; and WHEREAS, the provisions of this Resolution are hereby determined to be in the best interest of the citizens attending the “Doggie
Dash 2009”, May 30, 2009, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The area known as Pickrell Park Pavilion and Race Layout for the
“Doggie Dash” track shown on Exhibit A is hereby designated for “Doggie Dash” 2009 and is so designated from 5:00 a.m. on May 30, 2009 through 1:00 p.m. on May 30, 2009. Section 2. In
the designated location and during the period described in Section 1, the noise restrictions of Chapter 54, Section 54.14 shall not apply. Section 3. In the designated location and during
the period described in Section 1, the parking of motorized vehicles shall be permitted in areas designated by the City of Schertz Parks, Recreation and Community Services and approved
by the Schertz Police Department. Section 4. This Resolution shall be effective upon its adoption. 50093711.1
50093711.1 2 PASSED, APPROVED AND ADOPTED this the 10th day of March, 2009. Mayor, Hal Baldwin City of Schertz, Texas ATTEST: ______________________________ City Secretary, City of Schertz
EXHIBIT A 50093711.1 A-1
AER O AVE MA PLE DR MARILYN DR MITCHELL AVE MA IN ST SCHERTZ PKWY PFEIL ST OAK ST WR IGHT AVE BRO OK S AVE COLONY WINB URN AVE EEXXCCHHAANNGGEE AAVVEE LINDBERGH AVE CUR TISS AVE RANDOLPH
AVE AERO AVE MA IN ST PECAN DR MA RILYN D R SCHERTZ PKWY COLONY AV IATIO N AVE OAK ST 00 00..00 55 00..11 00..22 00..33 00..44 00..55KKii ll oommee tteerr ss Piickrrellll Parrk Paviilliion
Sttaarrtt//FFiinniisshh Doggie Dash 2009 Saatturrdaayy,, Maayy 3300
Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: March 10, 2009 Department: Administration Subject: Resolution No. 09-R-16 -Adopting a written Identity Theft Prevention Program
and authoring the City Manager to approve changes in the program. BACKGROUND In 2003, Congress approved the Fair and Accurate Credit Transactions Act (FACTA). Through FACTA, Congress
delegated to the Federal Trade Commission the obligation to develop rules for implementation of policies intended to deter identity theft. The City, through the utility billing function
and EMS billing function, meets the definition of entities that must prepare and implement such a policy. The FTC regulations require that this policy be submitted to the governing body
for review and approval prior to implementation. The regulations also require the approval to be effected by official action. Working with the City Attorney, a draft policy has been
developed that complies with the new regulations. Most procedures are
already City policy and training is being developed in accordance with the new policy. Enclosed for Council review is the resolution adopting the Identity Theft Prevention Program.
The policy document is also included as Exhibit “A” to the resolution. FISCAL IMPACT Fiscal impacts have been limited to the greatest extent possible. The security cameras have not yet
been installed, but are expected to cost approximately $7,000 for the Water Utility Billing Office and the Municipal Court. The majority of the funds would come from the Court Technology
Fund and the balance from the Water and Sewer Fund. RECOMMENDATION Staff recommends the City Council approve Resolution No.09-R-16, establishing an Identity Theft Prevention Program
for the City. ATTACHMENT Resolution No. 09-R-16 Exhibit “A” – Identity Theft Prevention Program
RESOLUTION NO. 09-R-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING A WRITTEN IDENTITY THEFT PREVENTION PROGRAM AND AUTHORIZING THE CITY MANAGER TO APPROVE
CHANGES IN THE PROGRAM. WHEREAS, the Federal Trade Commission (FTC) recently adopted rules on identity theft “red flags”, or warning signs, pursuant to the Fair and Accurate Credit Transactions
Act of 2003 (FACTA); and WHEREAS, the new rules, which require action by May 1, 2009, require any business with a “covered account” to adopt and implement an identity theft prevention
program; and WHEREAS, a “covered account” is one where an entity, such as municipal water utility and EMS, provides a service or good before the consumer pays for it; and WHEREAS, a
city with such accounts must adopt a program by May 1, 2009 that “red flags” relevant identity theft, provides detection of the “red flags”, provides appropriate responses for any “red
flags” detected, and ensures the program is updated periodically to address changing risks; and WHEREAS, the City of Schertz servicing of its water and wastewater utility customers and
EMS customers falls within the federal mandate; WHEREAS, the City Council of the City of Schertz wishes to be proactive and adopt an identity Theft Prevention Program that will be in
compliance with the criteria set forth by the FTC; and WHEREAS, upon full review and consideration of the City’s Identity Theft Prevention Program, and all matters related thereto, the
City Council is of the opinion and finds that the Program should be adopted, and that the City Manager should be authorized to develop, implement, administer and amend the Program on
behalf of the City of Schertz, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ to adopt the Identity Theft Prevention Program that is in compliance with
federal law and is attached to this resolution as Exhibit “A”. PASSED, APPROVED, AND ADOPTED, this 10th day of March, 2009. __________________________________ Mayor, City of Schertz
ATTEST: ______________________ City Secretary
50160320.1 1 CITY OF SCHERTZ, TEXAS Identity Theft Prevention Program “Red Flags Rules” General Information The Identity Theft Red Flags Regulation was jointly issued by the Federal
Trade Commission Office of Theft Supervision and several other government agencies, implementing Section 114 of the Fair and Accurate Credit Transactions Act of 2003 (FACTA) and is effective
on May 1, 2009. The Identity Theft Red Flags Regulation requires financial institutions to develop and implement a written identity theft program to detect, prevent and diminish identity
theft in connection with opening of certain accounts or maintaining certain existing accounts. Under the regulation financial institutions that offer or maintain covered accounts must
develop and implement a written program. A covered account is defined as (1) an account primarily used for personal, family, or household purposes that involves or is designed to permit
multiple payments or transaction, and (2) any other account for which there is reasonable foreseeable risk to customers or the safety and soundness of the financial agency or creditor
from identity theft. The issuing agencies of the regulation have indentified utility accounts as an example of accounts designed to permit multiple payments or transactions and which
present a reasonably foreseeable risk of identity theft. I. Purpose The purpose of this program is to ensure the City of Schertz (the “City”) has a program in place to identify, detect,
prevent, diminish, and respond to identity theft in connection with the opening of water and wastewater accounts, and to establish written procedures for security and storing of personal
information within the Utility Department as well as the EMS Department, pursuant to the Identity Theft Red Flags Regulation implemented pursuant to Section 114 of the FACTA, to be effective
on May 1, 2009. II. Application This policy applies to all City employees and service providers that have access to personal information for customers of the Utility Billing Department
Department and the EMS Department, regardless of medium. III. Definitions Identifying Information: Any name or number that may be used alone or with any other information to identify
a specific person (includes name, social security number, date of birth, alien registration number, government passport, and employer/tax identification number). Identity Theft: A fraud
committed using the identifying information of another person. Red Flags: A pattern, practice, or specific activity that indicates the possible risk of identity theft.
50160320.1 2 IV. Policy A. Red Flags Alerts When opening new utility customer accounts, staff needs to carefully scrutinize documents submitted for identification or proof of residency
for red flags such as: 1. Documents provided for identification appear to be altered or forged. 2. The photograph or physical description of the identification is not consistent with
the appearance of the customer requesting service. 3. Other information on the identification is not consistent with information provided by the person requesting service. 4. Other information
is not consistent with information that is on file (i.e. previous application submitted with driver’s license). 5. Lease or deed submitted for proof of residency appears to be altered
or forged. 6. Personal information submitted is associated with known fraudulent activity. 7. The social security number submitted is known to be the same as another customer’s. 8. Notification
of a chargeback received from a bank. 9. New account requested immediately after disconnection for non-payment. B. New Utility Account Activation To ensure proper identification verification,
effective May 1, 2009, all requests for new utility service must be subject to the following verification: 1. Applicants must provide a government issued photo ID (or two forms of picture
identification) to initiate utility service. 2. Applications may be submitted by fax, e-mail, or mail, but will not be processed without proper identification verification. 3. Applications
must be completed by the person seeking to open a utility account. The name on the application must match the submitted identification and lease agreement/settlement page. 4. The City
reserves the right to refuse utility service in the event of inability to provide sufficient identification. C. Existing Accounts In order to detect any of the Red Flags identified above
for an existing account, personnel will take the following steps to monitor transactions with an account: 1. Verify the identification of existing customers if they request information
(in person, via telephone, via facsimile, via e-mail); 2. Verify the validity of requests to change billing addresses; and 3. Verify changes in banking information given for billing
and payment purposes. D. Credit Card Transactions The City accepts credit card payments via service vendor. Customers paying with a credit card in person must show valid identification
that matches the name and/or address on the credit card.
50160320.1 3 E. Data Security and Storage 1. Employees are required to maintain a high level of confidentiality as it relates to customers’ personal information. Release of information
is limited to the account holder(s) or as permitted by law. Subject to the Texas Public Information Act, customers are given the opportunity to indicate if they wish their utility account
information to be kept confidential. Access to EMS customer records is governed by the Health Insurance Portability and Accountability Act, as amended. 2. Access into the billing system
requires a user name assigned by the Systems Administrator. A password is also required, which is determined by the user and is CJIS (Criminal Justice Information Systems) compliant
based upon the City’s Information Technology Security Policy that has been implemented. The system will permit three (3) sign on attempts and then will temporarily disable the password.
Upon termination, employee passwords are immediately disabled. 3. Disclosure of personal information. Personal information is, or could be, used as a means of identification, for internal
verification, or administration purposes, credit checks, and for debt collection purposes. Information submitted to the City’s debt collection agency is on file in the Utility Billing
Department and EMS Billing Department. 4. Utility Billing Department Data Storage. Hard copy information is stored in filing cabinets in the Utility Billing Department. The office is
monitored by security cameras and secured by one locked door. Cash receipt information is stored in the locked safe and the Senior Accountant’s storage areas. 5. EMS Department Data
Storage. Hard copy information is stored in filing cabinets in the EMS Building, which are kept locked at all times other than during business hours. Only EMS Billing Department staff
have access to these files. The office is secured by one locked door. EMS customer records are maintained in compliance with the Health Insurance Portability and Accountability Act,
as amended. 6. Laptop computers. The use and security of laptop computers containing Identifying Information shall be governed by the City’s laptop security policy. Additionally, EMS
laptops comply with the requirements of the Health Insurance Portability and Accountability Act, as amended. F. Data Retention/Access Records are disposed of in accordance with state
and federal law including the local records retention schedule issued by the Texas State Library and Archives Commission and City Code. All City records are subject to the Texas Public
Information Act. Requests for information that may be excepted from disclosure under the Texas Public Information Act are forwarded to the Attorney General’s office for an official ruling
on whether the information may be withheld. G. Identity Theft Notification A zero tolerance policy is in effect for all fraudulent transactions pertaining to the Utility Billing Department
and the EMS Billing Department. Once written notification and
50160320.1 4 verification is received of fraudulent activity from a customer, banking institution, and/or collection agency, the Utility Billing Department and the EMS Billing Department
will (1) proceed with notating and taking corrective actions on the account, (2) gather all pertinent information that is available, and (3) immediately contact the Schertz Police Department
to initiate a criminal investigation. H. Prevent and Mitigate Identity Theft In the event City personnel detect any identified Red Flags, such personnel shall take one or more of the
following steps, depending on the degree of risk posed by the Red Flag: 1. Continue to monitor an account for evidence of Identity Theft; 2. Contact the customer; 3. Change any passwords
or other security devices that permit access to accounts; 4. Not open a new account in the customer’s name; 5. Close an existing account of the customer; 6. Reopen the customer’s account
with a new number; 7. Notify the Program Administrator for determination of the appropriate step(s) to take; 8. Notify law enforcement; or 9. Determine that no response is warranted
under the particular circumstances. I. Training Training of all Utility Billing Department and EMS Billing Department employees will be accomplished prior to May 1, 2009 or as soon thereafter
as possible. The training will assist staff in recognizing Identity Theft Red Flags and will prepare them with the action steps to take, depending on the Red Flag finding. As staff is
hired, training will occur for each employee as part of their initial training. J. Periodic Review and Reporting The Finance Director will serve as the Program Administrator for the
Identity Theft Prevention Program and will conduct an annual review to determine staff compliance with the Identity Theft Prevention Program, staff effectiveness in addressing the risk
of identity theft, and address significant incidents involving identity theft and management’s response. If it is determined that changes may be necessary, the Program Administrator
will detail any changes to the City Manager, who has the authority to approve any recommended changes in policy.
Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: March 10, 2009 Department: Administration Subject: Ordinance No. 09-F-09 Rate Adjustment Bexar Waste (First Reading) BACKGROUND
On February 12, 2009, the city received a letter from Bexar Waste regarding an adjustment over current rates as provided in their franchise agreement. Bexar Waste indicated that based
on the most current CPI-U information available as provided by the Bureau of Labor Statistics, US City Average, All Items, the CIP change during the past year has been 3.84% (copy attached).
The change is determined by the different in the index for the 12-month period, December 2007 through December 2008. Added to the above-stated CPI change, they have had significant,
exorbitant, and unprecedented increases at both landfills that they utilize, BFI-Tessman Rd, San Antonio and Beck Landfill, Schertz, Tx. during the past year; however, Bexar Waste will
absorb these during 2009. In addition to severe disposal costs, Bexar Waste continues to experience extremely high prices on new trucks, truck parts and support equipment, tires, insurances
and in operational costs over all. Bexar Waste at this time in requesting a rate adjustment of 3.84% which is the CPI over current contractual rates. The rates in Schertz will remain
very competitive and lesser than other Metrocom cities. As you recall the City Council approved a 14.3% increase (of which 4.3% was CPI) over their contractual rates last year. FISCAL
IMPACT None to the City but to the Citizens RECOMMENDATION Staff recommends the CPI of 3.84% ATTACHMENT Ordinance No. 09-F-09
ORDINANCE NO. 09-F-09 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE SERVICE FEES RELATING TO THE FRANCHISE OF CIBOLO WASTE, INCORPORATED, DBA BEXAR WASTE INC., FOR MUNICIPAL SOLID WASTE
COLLECTION AND DISPOSAL; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is in the public interest and necessary
to protect the health and safety of the citizens of Schertz to have a municipal solid waste collection and disposal franchise service in the City of Schertz, Texas; and WHEREAS, the
City has, by Ordinance No. 08-F-10, awarded a solid waste collection and disposal franchise (the “Franchise”) to Cibolo Waste, Incorporated, dba Bexar Waste, Inc. (the “Franchisee”);
and WHEREAS, the Franchisee has requested an amendment to service fees under the Franchise. WHEREAS, the City of Schertz has reviewed and approved the Franchisee’s request; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I Effective on May 1, 2008, Exhibit 1 to Ordinance No. 08-F-10, setting forth rates of service under the Franchise,
shall be amended and replaced by Exhibit 1 attached hereto. II Section 1. City of Schertz Ordinance No. 08-F-10 is hereby amended solely to the extent set forth in this Ordinance, and
Ordinance No. 08-F-10 is hereby otherwise confirmed and ratified. Section 2. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holdings shall not affect the
validity of the remaining portions thereof. Section 3. This Ordinance shall be effective from and after the date of its final adoption, acceptance by the Franchisee on page S-2, and
any publication required by law. 50057104.1
III PASSED ON FIRST READING, the day of March, 2009. PASSED, APPROVED, AND ADOPTED ON SECOND READING the ____day of ___________, 2009. Mayor, City of Schertz, Texas ATTEST: City Secretary,
City of Schertz, Texas (Seal of City) 50057104.1 S-1
50057104.1 S-2 ACCEPTED: CIBOLO WASTE, INCORPORATED, AS FRANCHISEE By: Title: Notice Address: Cibolo Waste, Incorporated P.O. Box 577 Schertz, TX 78154 Attention: Henry Gutierrez State
of Texas County of Guadalupe This instrument was acknowledged on __________ _____, 2009 by Henry Gutierrez, President of Cibolo Waste, Incorporated, a Texas corporation, on behalf of
such corporation. (NOTARY SEAL) Notary Public Commission Expires
EXHIBIT 1 50057104.1 S-1
RATES (EFFECTIVE 6/1/2009) CITY OF SCHERTZ CPI 3.84% INCREASE EXHIBIT 1 SERVICE RATES for Collection and Disposal of Municipal Waste OLD RATE NEW RATE Residential: Class I: Residential,
Single Family $10.41 per month $10.81 Special Pickup: Move Ins,Special Tree Trimmings, oversize $14.50 minimum $ 15.06 materials, & similar circumstances Class 1A: Residential , Front
Door $15.21 per month $ 15.79 Class 1B: $10.41 per month $ 10.81 Once a week residential pick-up in selected areas.(Constractor will provide a 96 gallon cart at no charge) Class II:
Mobil Home Parks $8.30 per unit/monthl$ 8.62 Mobile Home Parks (2 or more mobile homes) (based on number in park on the 15th day of the month) Class III: Apartments $8.30 per unit/monthl$
8.62 Class IV: Motels $3.66 per unit/monthl$ 3.80 2 Commercial CURRENT RATE Class V: Offices, barber shops and $13.18 per month $ 13.69 Professional services Class VI: Light retail,
wholesale,commercial $22.73 per month $ 23.60 or industrial, 2000 to 4000 square feet and excluding large grocery stores, etc. Class VII: Medium retail, wholesale $33.01 per month $
34.28 commercial or industrial (2000 to 4000 square feet and exclude large grocery store, etc. Class VIII: Heavy volume retail wholesale, commercial or industrial (placement into category
in this class will be determined by a time and cost study of refuse generation and collection. The categories in this class usually require hand loading from rooms or pens and would
not apply when commercial containers are used.)
A. Two weekly pickups of 1.5 cubic yard containers, excluding large grocery, furniture or department stores. $58.67 per month $ 60.92 B. Two weekly pickups of 3 cu. Yard containers,
excluding large grocery, furniture or department stores, etc. $117.31 per month $ 121.82 C. Three weekly pickups of 3 cu. Yard containers, excluding large grocery, furniture or department
stores, etc. $183.31 per month $ 190.35 D. Four weekly pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc. $219.95 per month $ 228.40 E. Five
weekly pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc. $293.29 per month $ 304.55 F. Six weekly pickups of 4 cu. Yard containers, including
large grocery, furniture or department stores, etc. $366.64 per month $ 380.72 G. Customer requiring more than four (4) cu. Yds each pickup would be charged per cu. Yds. Collected. $4.05
per yard $ 4.21 3. Commercial Containers. CONTRACTOR will provide commercial containers to those customers who desire to use them in lieu of garbage cans. The use of such CONTRACTOR
provided containers is required by this contract. Rates for containers and pickup will be based on the following table: Container Size: Freqquencyy of Pickupp Current Rates: 1 2 3 4
5 6 2 cu. Yard Old $ 49.89 $ 84.97 $ 102.63 $ 117.32$ 131.99 $ 146.64 new $ 51.81 $ 88.23 $ 106.57 $ 121.83$ 137.06 $ 152.27 3 cu. Yard Old $ 60.14 $ 108.48 $ 149.60 $ 171.55$ 193.58
$ 215.54 new $ 62.45 $ 112.65 $ 155.34 $ 178.14$ 201.01 $ 223.82 4 cu. Yard Old $ 74.75 $ 129.08 $ 175.96 $ 212.62$ 249.31 $ 285.97 new $ 77.62 $ 134.04 $ 182.72 $ 220.78$ 258.88 $ 296.95
6 cu. Yard Old $ 105.62 $ 175.96 $ 241.98 $ 307.98$ 373.90 $ 439.92 new $ 109.68 $ 182.72 $ 251.27 $ 319.81$ 388.26 $ 456.81 8 cu. Yard old $ 124.66 $ 227.29 $ 315.25 $ 403.26$ 491.87
$ 579.26 new $ 129.45 $ 236.02 $ 327.36 $ 418.75$ 510.76 $ 601.50 10 cu. Yard Old $ 143.69 $ 263.93 $ 373.90 $ 469.28$ 564.57 $ 659.87 new $ 149.21 $ 274.06 $ 388.26 $ 487.30$ 586.25
$ 685.21 4. Roll-Off Rates Per Pull Open Top Containers -Dry Material
CURRENT RATE 20 cu. Yard $271.27 $ 281.69 30 cu. Yard $322.59 $ 334.98 40 cu. Yard $373.90 $ 388.26 Roll-off Rental (no pulls within billing cycle) $ 112.16 per container per month $
116.47 5. Wet Material Rates on Compactor containers or open top containers with wet material must be negotiated with customers at the time they are needed. This type of waste must be
hauled to a Type I landfill which generally has a higher disposal rate attached to it. Rol-off Container Delivery Charge $ 29.17 per container $ 30.29 Roll-off Relocation or Trip Charge
$ 29.17 per container $ 30.29 2 cu. Yard compactor, serviced 2 times weekly $ 172.93 monthly $ 179.57 Extra Pick-ups (2 cu yard compactor) $ 65.40 each $ 67.91 30 cu yard Compactor $
438.40 per pull $ 455.24 40 cu yard Compactor $ 520.84 per pull $ 540.84 30 cu yard Open-top (Recycle) $ 163.57 per pull $ 169.85 Front-Load container extra pick-up charges 2 cu yard
$ 24.93 $ 25.89 3 cu yard $ 31.16 $ 32.36 4 cu yard $ 37.39 $ 38.83 6 cu yard $ 43.63 $ 45.31 8 cu yard yard $ 49.86 $ 51.78 10 cu yard $ 56.09 $ 58.24 OVER WEIGHT CHARGE $ 25.00 $25.96
BY ACTION OF THE SCHERTZ CITY COUNCIL THE ATTACHED ADJUSTED SERVICE RATES RELATED TO THE CITY'S CONTRACT WITH BEXAR WASTE DATED WERE APPROVED THIS _______________________ DAY OF ____________________
2009. _________________________________________ City Manager ATTEST: _______________________________________ City Secretary, City of Schertz, Texas
Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: March 10, 2009 Department: Administration Subject: Discussion and/or action regarding the use of the old Library Facility BACKGROUND
Council to discuss with staff the desires of the use of the old Library facilities FISCAL IMPACT None RECOMMENDATION None ATTACHMENT None
For City Council Agenda March 10, 2009 Caption Presentation and discussion on request for information from council regarding danger from wildland fire originating on or traversing city
owned property. Presented by David Covington, Fire Chief Council Request • Request by council to investigate if a hazard exists on city owned, unimproved property in Northcliffe. • The
Fire Chief was tasked with assessing the impact of heavy vegetation and difficult terrain in this area. • Concern was for the threat of fire originating on or traversing through city
owned property, thereby potentially endangering homes. • Drought conditions, multiple cold fronts with high winds, and low relative humidity have caused this year to be one the most
active fire seasons in years. Therefore it is appropriate that council has requested this assessment. Background • City owns 8.3 acres adjacent to builder owned land in the area of the
Links and Fairhaven. The total unimproved area is approximately 31 acres. • The 31 acre tract is sloping to vertical terrain creating a canyon, with heavy cedar growth and little to
no vehicle access. • This creates a wildland urban interface under the definition; wildland urban interface is that environment where the wildland in the form of forests, grasslands,
or heavy brush, meets the urban area in the form of residential housing in most cases. Findings • Distance from fuel load (trees, grass, heavy brush) to property line is found to be
generally greater than 30 feet, in the area of the Links and Fairhaven. There is an additional 30-50 feet from the property line to the residence. • Historically, damage to structures
from wildland fires is due to ember transmission rather than direct flame front. Therefore, due to terrain and distance already cleared, additional firebreaks in this area do not seem
to be an efficient remedy. • Typically fire and heat travel downwind and uphill. Many of the houses in this area are both downwind of the fuel load, given prevailing winds, and uphill
of the canyon. • Type of construction is a major factor in prohibiting fire spread from wildland to residences. Houses in this area are typically wood, composite, or hardiplank siding,
and brick. Roofing material is combustible but not readily ignitable as in wood shingles. • There are other areas in the city where there exists a wildland urban interface. Page 1 of
2
For City Council Agenda March 10, 2009 Page 2 of 2 Recommendations • Cutting roads through the canyon would greatly help fire service access to the area, increasing the likelihood of
early mitigation. Emergency access roads would also serve well for emergency response to falls or injuries in the area. Suggest requesting that builders provide these access roadways
if possible. • Thoroughly investigate and identify all wildland urban interfaces within the city. • Seek grant funding for a public education program to include Firewise Communities,
LEOSAD (Leave Early or Stay and Defend) community fire assistance, creating safe distances in site selection for housing, and fire safe building construction awareness, and other awareness
issues. • Seek grant funding for wildland urban interface vehicle of sufficient size to augment the small brush trucks the city now uses.