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SCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 REGULAR AGENDA TUESDAY, MAY 26, 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. 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 up to
speak in the order they have registered. Discussion and/or Action Items 1. Minutes – Discussion and/or or action regarding the approval of the minutes of the May 19, 2009 regular meeting.
2. Ordinance No. 09-F-17 – Consideration and/or action approving second and final reading of Ordinance No. 09-F-17 – amending and the Drought Contingency Plan with a Drought Contingency
and Water Emergency Response Plan and a Water Conservation Plan, and making conforming changes to the Code of Ordinances. Second and Final Reading (J. Hooks) 3. Resolution No. 09-R-28
– Consideration and/or action approving a resolution authorizing a transfer to the City from the City of Schertz Economic Development Corporation of funds for the new City Library. Second
and Final Reading (G. Antuna/J. Jewell). 4. Resolution No. 09-R-29 – Consideration and/or action regarding approval of a resolution approving a service agreement between the City of
Schertz Economic Development Corporation and Site Location Partnership, and other matters in connection therewith. (G. Antuna/J. Jewell). 5-26-09 Council Agenda
5. Resolution No. 09-R-30 – Consideration and/or action approving a resolution awarding the 2009 Hal Baldwin Scholarship. (D. Taylor). 6. Allocation of Funds – Consideration and/or action
regarding approving allocation of funds from the former Schertz Economic Development Foundation and approval of a FY 2008-09 budget for the Schertz Historical Preservation Committee.
(J. Santoya/B. Cantu). EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange,
sale, lease, or value of real property. RECONVENE TO REGULAR SESSION 7. Take any additional action deemed necessary as a result of the Executive Session. Requests and Announcements 8.
Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information 10. 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 11. Announcements by City
Manager • Recognition of City employee actions • New Departmental initiatives Adjournment CERTIFICATION I, MARY YBARRA, DEPUTY 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 21ST DAY OF MAY 2009 AT 2:15 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES
AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. 5-26-09 City Council Agenda Page -2 -
Mary Ybarra MARY YBARRA, DEPUTY 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 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 – 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 -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 5-26-09 City Council Agenda Page -3 -
Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: May 26, 2009 Department: Administration Subject: Minutes BACKGROUND On May 19, 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 May 19, 2009 minutes.
ATTACHMENT Minutes 05-19-09
MINUTES REGULAR MEETING May 19, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 19, 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 Tony Wilenchik Staff Present: City Manager Don Taylor Assistant City Manager David Harris Assistant City Manager John Bierschwale City Attorney Michael
Spain Deputy City Secretary Mary Ybarra Councilmember John Trayhan was absent. 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 Invocation followed by the Pledges of Allegiance to the Flags of the United States and State
of Texas. PRESENTATION • Proclamation for Emergency Medical Services Week (Mayor) Mayor Baldwin read and presented the proclamation to Emergency Medical Services Captains Toni Bradford
and Matt Troncosco, and a group EMS personnel. • Proclamation for Public Works Week (Mayor Mayor Baldwin read and presented the proclamation to Public Works Director Sam Willoughby,
and a group Public Works personnel. HEARING OF RESIDENTS Mayor Baldwin recognized the following: • Eric Vidal, 23129 IH-35 representing the New Beginning Christen Center who spoke on
newly acquired property on IH-35 (Church facility and land) behind the 5-19-09 Minutes
rest stop on IH-35. He is requesting the City waive impact fee of $40,000. Impact fees are State law and Cities cannot waive these fees stated City Manager Taylor. City Attorney Michael
Spain recommends Mr. Vidal meet with the City Manager on the matter and determine whether to place the issue on a future agenda for discussion. • Chris Gomez, 23129 IH-35 who stated
that he resides on the property and that residents are being told, not asked, to vacant by July 1, 2009. He does not want to leave; is there anything he can do. The City of Schertz and
Comal County Health Department determined the facility did not meet health code compliance, stated City Manager Taylor. Mr. Taylor will meet with Mr. Vidal and Mr. Gomez and provide
information. Discussion and/or Action Items 1. Main Street and FM 78 Reinvestment Update – PowerPoint presentation and discussion and/or action regarding update on strategy for Main
Street and FM 78 Reinvestment Zone. (G. Antuna/J. Jewell) Mayor Baldwin recognized Economic Development Director George Antuna, and Assistant Director Jeff Jewell who introduced the
item providing a PowerPoint presentation (update) on a conceptual master plan for Main Street and FM 78 areas and answering questions from Council. 2. Minutes – Discussion and/or action
regarding the approval of the minutes of the May 12, 2009 regular meeting. Mayor Baldwin recognized Mayor Pro-Tem Carpenter who moved, seconded by Councilmember Fowler to approve the
minutes of the regular meeting of May 12, 2009. Vote was unanimous. Motion Carried. 3. Ordinance No. 09-F-17 – Consideration and/or action approving first reading of Ordinance No. 09-F-17
replacing Section 90-119 and Section 90-120 of the City of Schertz Code of Ordinances – Amending and Replacing the Drought Contingency Plan. First Reading (J. Hooks) Mayor Baldwin recognized
Pubic Works Superintendent Jimmy Hooks, who introduced this item stating that the ordinance would set the City’s Conservation Plan and the Drought Contingency Plan in motion and approve
submission to the Texas Water Development Board in a timely manner before the deadline of May 30, 2009, and answered questions from Council. City Attorney Michael Spain stated that the
caption of the Ordinance should include, “and making conforming changes to the Code of Ordinances.” The statement should be included as part of the motion this evening. Correction will
be done at final reading. 5-19-09 Minutes Page -2 -
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Scagliola to approve Ordinance No. 09-F-17 to include the change to caption as stated above. First
Reading. Vote was unanimous. Motion Carried. 4. Resolution No. 09-R-27 -Consideration and/or action approving a resolution authorizing the adoption of a revised City of Schertz Investment
Policy. (R. Galindo) Mayor Baldwin recognized Finance Director Juan Santoya and Finanical Analyst Robert Galindo, who introduced this item stating that the Investment Advisory Committee
recommends changing the average maturity period to 4.5 years; recommends changing the composition of the Committee to; City Manager (chair), both Assistant City Managers, Mayor, Finance
Director, Financial Analyst, and one member of the City Council. Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by Mayor Pro-Tem Carpenter to approve Resolution
No. 09-R-27 adopting the Schertz Investment Policy. Vote was unanimous. Motion Carried. 5. Speed limit on FM 3009 to 45 mph – Consideration and/or action supporting TxDOT’s petition
to amend the speed limit on FM 3009 to 45mph (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin, who introduced this item stating that the action would support a decrease
to the current speed limit of 50 mph to 45 mph from Live Oak Road to Wiederstein Road. TXDOT is requesting the City’s support after receiving a petition from Berry Creek subdivision
residents. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Wilenchik to approve supporting TXDOT’s petition. Vote was unanimous. Motion Carried.
6. Resolution No. 09-R-28 – Consideration and/or action approving a resolution authorizing a transfer to the City from the City of Schertz Economic Development Corporation of funds for
the new City Library. First Reading (G. Antuna/J. Jewell) Mayor Baldwin recognized Economic Development Director George Antuna and Assistant Director Jeff Jewell, who introduced this
item stating the allocation of $150,000 for construction costs and improvements to the new library was approved by the EDC board at their meeting of May 13, 2009, and answered questions
from Council. City Attorney Michael Spain explained that under state statute, the resolution must going through two readings; he further stated that the approval this evening is not
for the new library per se; approval this evening is for a $150,000 project. This is a one time payment by the EDC in three installments; first payment shortly after final reading; second
payment, October 1, 2009 and final payment; October 1, 2010. 5-19-09 Minutes Page -3 -
Mayor Baldwin recognized Mayor Pro-Tem Carpenter who moved, seconded by Councilmember Scagliola to approve Resolution No. 09-R-28 First Reading. Vote was unanimous. Motion Carried Mayor
Baldwin recessed into executive session at 7:40 p.m. EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation
regarding the purchase, exchange, sale, lease, or value of real property and Section 551.074 – Deliberate the appointment, employment, evaluation, reassignment, duties, discipline or
dismissal of the City Manager and City Secretary. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened into regular session at 8:43 p.m. 7. Take any additional action deemed necessary
as a result of the Executive Session. No action necessary Requests and Announcements 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor
Baldwin recognized Councilmember Carpenter who requested that the Hal Baldwin Scholarship be placed placed on the next agenda for possible action. Council concurred. 9. Requests by Mayor
and Councilmembers to City Manager and Staff for information. No requests were noted. 10. 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 the following: 5-19-09 Minutes Page -4 -
5-19-09 Minutes Page -5 -Councilmember Scagliola thanked Chief Starr for coordinating the Police Department ceremony, Wednesday, May 13, 2009 recognizing fallen officers throughout the
State of Texas. He thanked EDC for a wonderful evening at the Business Appreciation Dinner, Friday, May 15, 2009. Mayor Baldwin mentioned receiving a call from Congressman Smith’s Office,
informing him that the City’s request for zip code designation to those areas not under the 78154 zip code would not be moved, it would not happen. City Attorney Michael Spain stated
that there is another possibility and preparation is underway to contact the U.S. Postal Commission (governing board) and request their assistance. 11. Announcements by City Manager
• Recognition of City employee actions • New Department Initiatives Mayor Baldwin recognized City Manager Taylor who reported that two City of Schertz businesses have plans for expansion
in the near future and will be hiring. These businesses are very positive that the economy is turning around. Mayor Baldwin recognized Assistant City Manager Bierschwale who reminded
everyone of the Schertz/Seguin Local Government Corporation meeting, Thursday, May 21, 2009. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 8:53 p.m.
___________________________________ Hal Baldwin, Mayor ATTEST: _______________________________________ Mary Ybarra, Deputy City Secretary
Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: May 26, 2009 Department: Public Works Subject: Ordinance No. 09-F-17 -(Second and Final Reading) BACKGROUND Texas Water Development
Board (TWDB) requires all cities to have a water conservation plan on file to satisfy the requirements of 30TAC Chapter 288 by May 1, 2009. (We have an extension to May 31, 2009) We
are including the proposed Conservation Plan in the Drought Contingency Plan. The guidelines set forth by the TWDB for the conservation plan include a strategy or a combination of strategies
for reducing the consumption of water, reducing the loss of waste of water, improving or maintaining the efficiency in the use of water, or increasing recycling and reuse of water. It
contains Best Management Practices (BMP) measures to try to meet the targets and goals identified in the plan. The major amendments to the Drought Plan are the adoption of rules by Schertz-Seguin
Local Government Corporation which relate to the Gonzalez Underground Water District rules. City Council passed this on first reading at their meeting of May 19, 2009. FISCAL IMPACT
No Fiscal Impact at this time. RECOMMENDATION Staff recommends second and final approval of Ordinance 09-F-19 ATTACHMENTS Ordinance No. 09-F-17 Amended Drought Contingency Plan Water
Conservation Plan
ORDINANCE NO. 09-F-17 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE CITY’S DROUGHT CONTINGENCY ORDINANCE AND INCLUDING ADOPTION OF A WATER CONSERVATION PLAN; ESTABLISHING
CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR
ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; MAKING CONFORMING CHANGES TO THE CODE OF ORDINANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Schertz, Texas (the “City”) recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during
periods of extended drought; WHEREAS, the City recognizes that natural limitations due to drought conditions and other acts of nature cannot guarantee an uninterrupted water supply for
all purposes; WHEREAS, the City Council has previously adopted Ordinance No. 00-F-25, establishing a Drought Contingency Plan; WHEREAS, Chapter 90, Article IV, of the City’s Code of
Ordinances incorporates the Drought Contingency Plan and related penalties as modified from time to time by ordinance of the City; WHEREAS, Section 11.1272 of the Texas Water Code and
applicable rules of the Texas Commission of Environmental Quality along with requirements of 30 TAC Chapter 288 require all public water supply systems in Texas to prepare a drought
contingency and water conservation plan; and WHEREAS, as authorized under law, and in the best interests of the citizens of Schertz, Texas, the City Council deems it expedient and necessary
to establish certain rules and policies for the orderly and efficient management of limited water supplies continually and more aggressively during drought and other water supply emergencies;
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SCHERTZ, TEXAS: SECTION 1. The City Council hereby amends and replaces Ordinance No. 00-F-25 by adopting the City of Schertz Drought Contingency
and Water Emergency Response Plan and Water 50218961.2 -1 -
Conservation Plan attached hereto as Exhibit A and Exhibit B and made part hereof for all purposes be, and the same are hereby, adopted as the official policy of the City. SECTION 2.
Chapter 90, Article IV of the City’s Code of Ordinances is hereby amended to read as follows: “ARTICLE IV. MANDATORY WATER CONSERVATION Sec. 90-119. Drought contingency and water emergency
response plan adopted. The City adopts by reference the City of Schertz Drought Contingency and Water Emergency Response Plan, as amended from time to time by Ordinance. Sec. 90-120.
Water conservation plan adopted. The City adopts by reference the City of Schertz Water Conservation Plan, as amended from time to time by Ordinance. Sec. 90-121. Penalties. Any person,
firm, or entity who shall violate any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined in accordance with the provisions of the
applicable plan adopted by Sec. 90-119 or Sec. 90-120. To the extent penalties for particular violations of this article are not set forth in the plan, any person, firm, or entity who
shall violate any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined in any sum not exceeding $200.00, and each and every day the
violation continues shall constitute a separate and distinct offense.” SECTION 3. All ordinances that are in conflict with the provisions of this Ordinance, including but not limited
to Ordinance No. 00-F-25, are and the same are hereby, repealed to the extent of such conflict and all other ordinances of the City not in conflict with the provisions of this Ordinance
shall remain in full force and effect. SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase, or section of this Ordinance be adjudged or held to be unconstitutional,
illegal or invalid, the same shall not affect the validity 50218961.2 -2 -
50218961.2 -3 -of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 5. This Ordinance shall
be in force and effect from its final passage and any publication required by law, and shall have an effective date of the date this Ordinance is adopted on second and final reading,
and it is so ordained. PASSED ON FIRST READING, the 19th of May 2009. PASSED, APPROVED, AND ADOPTED ON SECOND READING the 26th day of May 2009. APPROVED: ____________________________
MAYOR ATTESTED TO: ____________________________ CITY SECRETARY (Seal of City)
EXHIBIT A Drought Contingency and Water Emergency Response Plan For The City of Schertz Public Water Supply
DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN FOR THE CITY OF SCHERTZ Section I: Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and
protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare,
and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Schertz hereby adopts the following regulations and restrictions
on the delivery and consumption of water Drought Contingency and Water Emergency Response Plan (the Plan). Water uses regulated or prohibited under the Plan are considered to be non-essential,
and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties
as defined in Section XII and XIII of the Plan. Section II: Public Involvement Opportunity for the public to provide input into the preparation of the Plan was provided by the City of
Schertz by means of scheduling and providing public notice of a public meeting to accept input on the Plan. Section III: Public Education The City of Schertz will periodically provide
the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated and the drought response measures
to be implemented in each stage. This information will be provided by means of the City web site, newsletter press release and utility bill messages. Section IV: Coordination with Regional
Water Planning Groups The service area of the City of Schertz is located within the Schertz Seguin Local Government Corporation (SSLGC) and Edwards Aquifer Authority and The City of
Schertz has provided a copy of this Plan to the Edwards Aquifer Authority, Texas Water Development Board, SSLGC and San Antonio River Authority representing Region “L” for the State.
Section V: Authorization The City Manager or his/her designee is hereby authorized and directed to implement the applicable provisions of the Plan upon determination that such implementation
is necessary to protect public health, safety and welfare. The City Manager, or his/her designee, shall have the authority to 1
initiate or terminate drought or other water supply emergency response measures as described in this Plan. Section VI: Application Provisions of the Plan shall apply to all persons,
customers, and property utilizing water provided by the City of Schertz. The terms “person” and “customer” as used in the Plan include individuals, corporations, partnerships, associations,
and all other legal entities. Section VII: Definitions For the purposes of the Plan, the following definitions shall apply: Aesthetic Water Use: Water used for ornamental or decorative
purposes such as fountains, reflecting pools, and water gardens. Athletic Field: A sports play field including playgrounds whose essential feature is a grass turf, other than a golf
course. (a) Conforming athletic field – An athletic field with an approved groundwater conservation plan under section XI of this Plan. (b) Non-conforming athletic field – Any other
athletic field that is not a conforming athletic field. Commercial and Institutional Water Use: Water Water use which is integral to the operations of commercial and non-profit establishments
and governmental entities, public or private schools, retail establishments, hotels and motels, restaurants, office buildings and Homeowner/Neighborhood Associations. Conservation: Those
practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling
and reuse of water so that a supply is conserved and made available for future or alternative uses. Customer: Any person, company, or organization using water supplied by City of Schertz.
Domestic Water Use: Water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business,
industry, or institution. Golf Course: An area of land used for the game of golf. (a) Conforming Golf Course – A golf course with an approved groundwater conservation plan pursuant to
Section X of this Plan. 2
(b) Non-conforming golf course – Any other golf course that is not a conforming golf course. Hand-held Watering: A hose or bucket physically attended by a person, fitted with a manual
or automatic shutoff nozzle. Industrial Water Use: The use of water in processes designed to convert materials of lower value into forms having greater usability and value. Landscape
irrigation use: Water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses,
parks, and rights-of-way and medians, but does not include: (a) Non-discretionary use without waste of groundwater by a commercial nursery to the extent the water is used for production
rather than decorative landscaping; (b) Application of groundwater without waste to a non-commercial family garden or orchard, the produce of which is for household consumption only;
(c) Application of groundwater by means of hand-held bucket, hand-held hose; soaker hose or properly installed drip irrigation system; and (d) Application of groundwater by means of
a soaker hose, hand-held hose, or properly installed drip irrigation system immediately next to a concrete foundation solely for the purpose of preventing, to the extent the watering
is necessary, substantial damage to the foundation of the structure caused by movement of the foundation. Mobile Home Communities: Property owned by an individual or commercial establishment
who rents such property for mobile or manufactured homes placement; must comply with the requirements and restrictions as a “Customer” in this section. Non-essential Water Use: Water
uses that are not essential or required for the protection of public, health, safety, and welfare, including: (a) Irrigation of landscape
areas, including parks, athletic fields, and golf courses, except otherwise provided under this Plan; (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane
or other vehicle; (c) Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; (d) use of water to wash down buildings
or structures for purposes other than immediate fire protection; (e) flushing gutters or permitting water to run or accumulate in any gutter or street; (f) use of water to fill, refill,
or add to any indoor or outdoor swimming pools or Jacuzzi-type pools; (g) use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic
life; 3
(h) failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (i) use of water from hydrants for construction
purposes or any other purposes other than fire fighting. Private Water Well: Well on private property that is not inter-connected with the City’s water. Re-Use Water: A treated non-potable
water source used for irrigation. Wasting Water: AnyWatering on a non-pervious surface or landscape watering that goes beyond a customer’s property. Waste of water also includes, but
is not limited to, allowing water to run off into a gutter, ditch or drain, or failing to repair a controllable leak. Section VIII: Triggering Criteria for Initiation and Termination
of Drought Restriction Stages The City Manager, or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and shall determine when conditions warrant
initiation or termination of each stage of the Plan. Public notification of the initiation or termination of drought response stages shall be by means of publication in local newspaper
and/or signs posted in public places. The triggering criteria described below are based on the level of the Bexar County Observation J-17 Well the analysis of system capability and the
rules of the Gonzales Underground Water Conservation District (GCUWCD) and SSLGC. In the event that SSLGC can not provide water, the City of Schertz will immediately implement Stage
4 restrictions. Stage 1 – Restrictions—MILD Water Shortage Conditions Requirements for Initiation – It is mandatory that customers conserve water and adhere to the prescribed restrictions
on certain water uses, defined in Section VII – Definitions, when Bexar County J-17 Well is at or below 650 feet. one or all of the following are reached (a) City of Schertz receives
notification from the General Manager of SSLGC of Stage 1 conditions. (b) Water demand is projected to approach 100% of the monthly limit of the GCUWCD permitted supply. (c) Annual Monthly
Average Drawdown as measured by GCUWCD rules equals 85% of allowable. (d) The City’s water system has malfunctioned, but is still able to keep up with demand. Requirements for Termination
-Stage 1 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of thirty (30) consecutive days or when rescinded by the
City Manager or his/her designee. Stage 2 – Restrictions --MODERATE Water Shortage Conditions 4
Requirements for Initiation -Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section VII of the Plan when
Bexar County J-17 Well is at or below 640 feet one or all of the following are reached: (a) City of Schertz receives notification from the General Manager of SSLGC of Stage 2 conditions.
(b) Water demand is projected to approach 110% of the monthly limit of the GCUWCD permitted supply. (c) Annual Monthly Average Drawdown as measured by GCUWCD rules equals 95% of allowable.
(d) The City’s water system has malfunctioned, and cannot keep up with demand. Requirements for Termination -Stage 2 of the Plan may be rescinded when all of the conditions listed as
triggering events have ceased to exist for a period of thirty (30) consecutive days or when rescinded by the City Manager or his/her designee. Upon termination of Stage 2, Stage 1 becomes
operative. Stage 3 – Restrictions --SEVERE Water Shortage Conditions Requirements for Initiation -Customers shall be required to comply with the requirements and restrictions on certain
non-essential water uses for Stage 3 of the Plan when Bexar County Well J-17 is at or below 630 feet. one or all of the following are reached: (a) City of Schertz receives notification
from the General Manager of SSLGC of Stage 3 conditions. (b) Water demand is projected to approach 120% of the monthly limit of the GCUWCD permitted supply. (c) Annual Monthly Average
Drawdown as measured by GCUWCD rules equals 100% of allowable. (d) Water quality is less than normal or is polluted. Health and safety standards may be jeopardized. (e) The imminent
or actual failure of a major component of the City’s water system would cause immediate health and safety hazard. Requirements for Termination -Stage 3 of the Plan may be rescinded when
all of the conditions listed as triggering events have ceased to exist for a period of thirty (30) consecutive days or when rescinded by the City Manager or his/her designee. Upon termination
of Stage 3, Stage 2 becomes operative. Stage 4 – Emergency Restrictions --CRITICAL Water Shortage Conditions Including System or Water Quality Failure Requirements for Initiation -Customers
shall be required to comply with the requirements and restrictions for Stage 4 of the Plan when the Mayor, or his/her designee, determines that a water supply emergency exists based
on: 5
1. Extreme drought conditions exist. 2. Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or 3. Natural
or man-made contamination of the water supplies source(s). (a) The General Manager of SSLGC, with concurrence of the SSLGC Executive Committee or Board of Directors, finds that conditions
warrant the declaration of Stage 4. (b) Water demand exceeds 125% of the monthly limit of the GCUWCD permitted supply. (c) Annual Monthly Average Drawdown as measured by GCUWCD rules
exceeds 115% of allowable. (d) Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability of the City to provide water service. (e) Natural
or man-made contamination of the water supply source(s). Requirements for Termination – Stage 4 of the Plan may be rescinded when all of the conditions listed as triggering events have
ceased to exist for a period of thirty (30) consecutive days, or when items (d) and (e) above have been repaired. Water Rationing Requirements for Initiation -Customers shall be required
to comply with the water rationing allocation plan prescribed in Section XIII of the Plan when the Mayor and City Council determine that the water supply emergency exists and comply
with the requirements and restrictions for Stage 4 of the Plan when: (a) Extreme draught drought conditions exist; (b) Major water line breaks, or pump or system failures occur, which
cause unprecedented loss of capability to provide water service; or (c) Natural or man-made contamination of the water supply source occurs. Requirements for Termination -Water rationing
may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of thirty (30) consecutive days or when rescinded by the City Manager or his/her
designee. Section IX: 1. Wasting Water: (a) It shall be unlawful for any person or customer to waste water. for any use other then described in the Drought Contingency Plan. (b) Year
round outdoor watering between 10:00 am – 8:00 pm is prohibited. 6
(c) It shall be a violation if a person or customer allows water to run off into a non-pervious ditch, or drains for failure to repair a controllable leak. (d) Re-use water usage is
exempt from the plan. (e) Customers using water from a private water well must comply with all requirements of the plan. 2. Drought Response Stages The City Manager, or his/her designee,
shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in Section VIII of the Plan, shall determine that Stage
1, 2, 3 or 4 conditions exist and shall implement the following actions upon publication of notice in a newspaper of general circulation and/or signs posted in public places and city
web site: Stage 1 – Restrictions --MILD Water Shortage Conditions Goal: Achieve a mandatory ten percent (10%) reduction in daily water demand. Supply Management Measures: Director of
Public Works shall be responsible for overseeing the reduction or discontinued flushing of water mains, activation and use of an alternative supply source(s), use of reclaimed water
for non-potable purposes, and blending of alternate sources. Water Use Restrictions: Under the threat of penalty for violation, the following water use restrictions shall apply to all
persons: (a) Water customers shall comply with mandatory limits of irrigation of landscape areas. Watering days will be based on the last digit of the address: 0-1 -Monday 2-3 -Tuesday
4-5 -Wednesday 6-7 -Thursday 8-9 -Friday (b) Athletic Fields and Golf Courses – Conforming 10% reduction in watering as per Section X & XI. Non-conforming 15% reduction in watering as
per Section X & XI. (c) Commercial/Industrial/Schools/Institutional landscape watering is permitted on Wednesday only. 7
(d) Watering of landscape is permitted only between the hours of 12:00 am to 10:00 am and 8:00 pm to midnight on designated watering days. (e) All operations of the City of Schertz shall
adhere to water use restrictions prescribed for Stage 2 1 of the Plan. (f) Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential
purposes. (g) Handheld, bucket and or drip system is allowed. (h) New landscape may have 3 weeks variance for establishment. All variances must be reviewed and approved by the City Manager
or City Inspector Director of Public Works or their designee. (i) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to
support aquatic life or where such fountains or ponds are equipped with a re-circulation system. Stage 2 – Restrictions --MODERATE Water Shortage Conditions Goal: Achieve a fifteen percent
(15%) reduction in daily water demand. Supply Management Measures: Director of of Public Works shall see that reduced or discontinued flushing of water mains, reduced or discontinued
irrigation of public landscaped areas; use of blending an alternative supply source(s); use of reclaimed water for non-potable purposes. Water Use Restrictions: Under threat of penalty
for violation, the following water use restrictions shall apply to all persons, along with previous restrictions from Stage 1: (a) Water customers shall comply with mandatory limits
of irrigation of landscape areas. Watering days will be based on the last digit of the address: 0-1-Monday 2-3 -Tuesday 4-5 -Wednesday 6-7 -Thursday 8-9 -Friday (b) Athletic Fields and
Golf Courses-Conforming 15% reduction watering as per Section X & XI. Non-conforming 20% reduction watering as per Section X & XI. (c) Commercial/Industrial/Schools/Institutional landscape
watering is permitted on 8
Wednesday only. (d) Landscape water Watering of landscape is permitted only between the hours of 3:00 am to 8:00 am and 8:00 pm to 10:00 pm. (e) Filling of all new and existing swimming
pools is prohibited, unless at least 30% of the water is obtained from a source other than the aquifer. Groundwater may be used to replenish swimming pools to maintenance levels. Draining
of swimming pools is permitted only onto a pervious surface or onto a pool deck where the water is transmitted directly to a pervious surface, and only if necessary to: (1) Remove excess
water from the pool due to rain to lower the water to the maintenance level; (2) Repair, maintain, or replace a pool component that has become hazardous; or (3) Repair a pool leak. (f)
Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped
with a recirculation system. (g) Use of water from fire hydrants shall be limited to fire fighting and related activities, or other activities necessary to maintain public health, safety,
and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Schertz. (h) All restaurants are prohibited
from serving water to its patrons except when requested. (i) The following uses of water are defined as non-essential and are prohibited: 1. Wash down of any sidewalks, walkways, driveways,
parking lots, tennis courts, or other hard-surfaced areas; 2. Use of water to wash down buildings or structures for purposes other than immediate fire protection; 3. Use of water for
dust control; 4. Flushing gutters or permitting water to run or accumulate in any gutter or street; and 5. Failure to repair a controllable leak(s) within a reasonable period after having
been given notice directing the repair of such leak(s). Stage 3 – Restrictions --SEVERE Water Shortage Conditions Goal: Achieve a twenty percent (20%) twenty-five percent (25%) reduction
in daily water demand. 9
Supply Management Measures: Director of Public Works shall see that reduced or discontinued flushing of water mains, reduced or discontinued irrigation of public landscaped areas; use
of blending an alternative supply source(s); use of reclaimed water for non-potable purposes. Water Use Restrictions: All requirements of Stages 1 & 2 shall remain in effect during Stage
3 except: (a) Landscape watering is prohibited except by handheld watering or drip irrigation during designated watering days as described in Stage 1 & 2. (b) The watering of golf course
tees is prohibited unless the golf course utilizes a reuse water source. other than that provided by the City of Schertz. (c) The use of water for construction purposes from designated
fire hydrants under special permit is to be discontinued. (d) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools are prohibited. (e) Operation
of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except except where necessary to support aquatic life or where such fountains or ponds are equipped
with a recirculation system. (f) No applications for additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water
service facilities of any kind shall be allowed or approved. (g) Application of groundwater in the morning before 8:00 am and in the evening after 8:00 pm by means of a handheld bucket,
handheld hose, soaker hose or properly installed drip irrigation system, immediately next to a concrete foundation solely for the purpose of preventing, and to the extent the watering
in is necessary to prevent, substantial damage to the foundation or the structure caused by movement of the foundation. (h ) Athletic field -Conforming 20% 25% reduction watering as
in Section XI Non-conforming 30% reduction watering as in Section XI. Stage 4 -Emergency Restrictions --CRITICAL Water Shortage Conditions Goal: Achieve a forty percent (40%) reduction
in daily water demand. Supply Management Measures: 10
Director of Public Works shall see that reduced or discontinued flushing of water mains, reduced or discontinued irrigation of public landscaped areas; use of blending an alternative
supply source(s); use of reclaimed water for non-potable purposes. Water Use Restrictions: All requirements of Stages 1,2, and 3 shall remain in effect during Stage 5 4 except: (a) Irrigation
of landscaped areas is absolutely prohibited. (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited. (c) Implementation
of additional drought contingency measures may be applied by at the direction of the Edwards Aquifer Authority City of Schertz. Section X: Golf Courses Notwithstanding any other language
in the Plan, the owners of golf courses that are applicants or customers of an applicant shall be required to submit a groundwater conservation plan and shall be defined as "conforming"
and "non-conforming" and shall reduce usage of aquifer groundwater under the following terms: 1. It shall be unlawful to water any golf course during between the hours of 10:00 am and
8:00 pm. 2. A conforming golf course is one that achieves enhanced conservation by utilizing a computer controlled irrigation system ("CCIS"), or similar system, which may be comprised
of a computer controller (digital operating system), software, interface modules, satellite, field controller, soil sensors, weather station, or similar devices, which is capable of
achieving maximum efficiency and conservation in the application of water to the golf course, must accomplish the following restrictions listed in subparagraphs (A)-(C) of this paragraph:
(A) Stage 1 Restrictions – 10% reduction in the replacement of daily evapotranspiration rate ("ET rate") or daily soil holding capacity; or use of not more than 95% of the metered amount
for that corresponding month. (B) Stage 2 Restrictions – 15% reduction in the replacement of daily ET rate or daily soil holding capacity; or use of not more than 90% of the metered
amount for that corresponding month. (C) Stage 3 Restrictions -20% 25% reduction in the replacement of daily ET rate or daily soil holding capacity, or use of not more than 85% 75% of
the metered amount for that corresponding month. (D) Stage 4 Restrictions – 40% reduction in the replacement of daily ET rate or daily soil holding capacity not to exceed 60% of metered
amount. 11
(3) A non-conforming golf course shall comply with the following reduction measures listed in paragraphs (A)-(C) of this subsection: (A) Stage 1 Restrictions -15% reduction in the replacement
of daily ET rate as monitored by a properly operating CCIS or use of not more than 95% of the metered amount for that corresponding month for golf courses that are not equipped with
a CCIS; (B) Stage 2 Restrictions -20% reduction in the replacement of daily ET rate as monitored by a properly operating CCIS or use of not more than 90% of the metered amount for that
corresponding month for golf courses that are not equipped with a CCIS; (C) Stage 3 Restrictions -30% reduction in the replacement of daily ET rate as monitored by a properly operating
CCIS or use of not more than 85% of the metered amount for that corresponding month for golf courses that are not equipped with a CCIS. (D) Stage 4 Restrictions – 40% reduction in the
replacement of daily ET rate as monitored by a properly operating CCIS or use of not more than than 60% of the metered amount for that corresponding month for golf courses that are not
equipped with a CCIS; (4) The owner or operator of a golf course must comply with all rules issues by City Council relating to Stages 3 and 4. (5) The owner or operator of a golf course
must maintain daily water use records which must be available for inspection upon request. (6) The owner or operator of a conforming golf course or a golf course with a CCIS must maintain
daily water use records of their ET rate or daily soil holding capacity, which must be available for inspection upon request. (7) All daily records must be kept on site. Section XI:
Athletic Fields Notwithstanding any other language in the Plan, the owners of athletic fields that are applicants or customers of an applicant shall be required to submit a groundwater
conservation plan and shall be defined as "conforming" and or "non-conforming" and shall reduce usage of City supplied groundwater under the following terms: 1. It shall be unlawful
to water any athletic field during between the hours of 10:00 am and 8:00 pm 2. A conforming athletic field is one that achieves enhanced conservation by utilizing a CCIS, or similar
system, which may be comprised of a computer controller (digital operating system), software, interface modules, satellite, field controller, soil sensors, weather station, or similar
devices, which is capable of achieving maximum efficiency and conservation in the 12
application of water to the athletic field, must accomplish the following restrictions listed in subparagraphs (A)-(C) of this paragraph: (A) Stage 1 Restrictions – 10% reduction in
the replacement of daily evapotranspiration rate ("ET rate") or daily soil holding capacity, or use of not more than 95% of the metered amount for that corresponding month. (B) Stage
2 Restrictions – 15% reduction in the replacement of daily ET rate or daily soil holding capacity; or use of not more than 90% of the metered amount for that corresponding month, (C)
Stage 3 Restrictions -20% 25% reduction in the replacement of daily ET rate or daily soil holding capacity, or use of not more than 85% 75% of the metered amount for that corresponding
month. (D) Stage 4 Restrictions – 40% reduction in the replacement of daily ET rate or daily soil holding capacity, not to exceed 60% of metered amount. (3) A non-conforming athletic
field shall comply with the foI1owing reduction measures listed in paragraphs (A)-(C) of this subsection: ((A) Stage 1 Restrictions -15% reduction in the replacement of daily ET rate
as monitored by a properly operating CCIS, or use of not more than 95% of the metered amount for that corresponding month for athletic fields that are not equipped with a CCIS; (B) Stage
2 Restrictions -20% reduction in the replacement of daily ET rate as monitored by a properly operating CCIS, or use of not more than 90% of the metered amount for that corresponding
month for athletic fields that are not equipped with a CCIS; (C) Stage 3 Restrictions -30% reduction in the replacement of daily ET rate as monitored by a properly operating CCIS, or
use of not more than 85% of the metered amount for that corresponding month for athletic fields that are not equipped with a CCIS. (D) Stage 4 Restrictions – 40% reduction in the replacement
of daily ET rate as monitored by a properly operating CCIS or use of not more than 60% of the metered amount for that corresponding month for athletic fields that are not equipped with
a CCIS. (4) The owner or operator of an athletic field must comply with all rules issues by City Council relating to Stages 3 and 4. (5) The owner or operator of an athletic field must
maintain daily water use records, which must be available for inspection upon request. 13
(6) The owner or operator of a conforming athletic field or an athletic field with a CCIS must maintain daily water use records of their ET rate or daily soil holding capacity, which
must be available for inspection upon request. (7) All daily records must be kept on site. Section XII: Water Rationing In the event that water shortage conditions threaten public health,
safety, and welfare, the Mayor is hereby authorized to require water rationing according to the following water allocation plan: Single-Family Residential Customers The allocation to
residential water customers residing in a single-family dwelling shall be as follows: Persons per Household Gallons per Month 1 or 2 6,000 3 or 4 7,000 5 or 6 8,000 7 or 8 9,000 9 or
10 10,000 11 or more 12,000 “Household” means the residential premises served by the customer’s meter. “Persons per household” includes only those persons currently physically residing
at the premises and expected to reside there for the entire billing period. It shall be assumed that that a particular customer’s household is comprised of two (2) persons unless the
customer notifies the City of Schertz of a greater number of persons per household on a form prescribed by the Director of Public Works. The Director of Public Works shall give his/her
best effort to see that such forms are mailed, otherwise provided, or made available to every residential customer. If, however, a customer does not receive such a form, it shall be
the customer’s responsibility to go to the City of Schertz offices to complete and sign the form claiming more than two (2) persons per household. New customers may claim the number
of persons per household at the time of applying for water service on the form prescribed by the Director of Public Works. When the number of persons per household increases so as to
place the customer in a different allocation category, the customer may notify the City of Schertz on such form and the change will be implemented in the next practicable billing period.
If the number of persons in a household is reduced, the customer shall notify the City of Schertz in writing within two (2) days. In prescribing the method for claiming more than two
(2) persons per household, the Director of Public Works shall adopt methods to insure the accuracy of the claim. Any person who knowingly, recklessly, or with criminal negligence falsely
reports the number of persons in a household or fails to timely notify the City of Schertz of a reduction in the number of person in a household shall be fined not less than $200.00.
Residential water customers shall pay the following surcharges: 14
$2.00 for the first 1,000 gallons over allocation. $3.00 for the second 1,000 gallons over allocation. $4.00 for the third 1,000 gallons over allocation. $5.00 for each additional 1,000
gallons over allocation. Surcharges shall be cumulative. Master-Metered Multi-Family Residential Customers The allocation to a customer billed from a master meter which jointly measures
water to multiple permanent residential dwelling units (e.g., apartments, mobile homes) shall be allocated 6,000 gallons per month for each dwelling unit. It shall be assumed that such
a customer’s meter serves two dwelling units unless the customer notifies the City of Schertz of a greater number on a form prescribed by the Director of Public Works. The Director of
Public Works shall give his/her best effort to see that such forms are mailed, otherwise provided, or made available to every such customer. If, however, a customer does not receive
such a form, it shall be the customer’s responsibility to go to the City of Schertz offices to complete and sign the form claiming more than two (2) dwellings. A dwelling unit may be
claimed under this provision whether it is occupied or not. New customers may claim only those occupying the dwelling unit at the time of applying for water service on the form prescribed
by the Director of Public Works. If the number of dwelling units served by a master meter is reduced, the customer shall notify the City of Schertz in writing within two (2) days. In
prescribing the method for claiming more than two (2) dwelling units, the Director of Public Works shall adopt methods to insure the accuracy of the claim. Any person who knowingly,
recklessly, or with criminal negligence falsely reports the number of dwelling units served by a master meter or fails to timely notify the City of Schertz of a reduction in the number
of person in a household shall be fined not less than $200.00. Customers billed from a master meter under this provision shall pay the following monthly surcharges: $2.00 for 1,000 gallons
over allocation up through 1,000 gallons for each dwelling unit. $3.00 thereafter, for each additional 1,000 gallons over allocation up through a second 1,000 gallons for each dwelling
unit. $4.00 thereafter, for each additional 1,000 gallons over allocation up through a third 1,000 gallons for each dwelling unit. $5.00 thereafter for each additional 1,000 gallons
over allocation. $2.00 for the first 1,000 gallons over allocation. $3.00 for the second 1,000 gallons over allocation. $4.00 for the third 1,000 gallons over allocation. $5.00 for each
additional 1,000 gallons over allocation. Surcharges shall be cumulative. Commercial Customers 15
A monthly water usage allocation shall be established by the Director of Public Works, or his/her designee, for each nonresidential commercial customer other than an industrial customer
who uses water for processing purposes. The non-residential customer’s allocation shall be approximately seventy-five percent (75%) percent of the customer’s usage for corresponding
month’s billing period for the previous 12 months. If the customer’s billing history is shorter than 12 months, the monthly average for the period for which there is a record
shall be used for any monthly period for which no history exists. The Director of Public Works shall give his/her best effort to see that notice of each non-residential customer’s allocation
is mailed to such customer. If, however, a customer does not receive such notice, it shall be the customer’s responsibility to contact the City of Schertz to determine the allocation.
Upon request of the customer or at the initiative of the Director of Public Works, the allocation may be be reduced or increased if, (1) the designated period does not accurately reflect
the customer’s normal water usage, (2) one nonresidential customer agrees to transfer part of its allocation to another nonresidential customer, or (3) other objective evidence demonstrates
that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established hereunder to the City Manager. Nonresidential commercial customers
shall pay the following surcharges: $2.00 per thousand gallons for the first 1,000 gallons over allocation. $3.00 per thousand gallons for the second 1,000 gallons over allocation. $4.00
per thousand gallons for the third 1,000 gallons over allocation. $5.00 per thousand gallons for each additional 1,000 gallons over allocation. The surcharges shall be cumulative. As
used herein, “block rate” means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer’s allocation. Industrial Customers and Commercial
Nurseries A monthly water usage allocation shall be established by the Director of Public Works, or his/her designee, for each industrial customer, which uses water for processing purposes.
The industrial customer’s and commercial nurseries allocation shall be approximately ninety percent (90%)percent of the customer’s water usage baseline. Ninety (90) days after the initial
imposition of the allocation for industrial customers and commercial nurseries, the industrial customer’s and commercial nurseries allocation shall be further reduced to 85% percent
of the customer’s water usage baseline. The industrial customer’s and commercial nurseries water usage baseline will be computed on the average water usage for the 12 month period ending
prior to the date of implementation of Stage 2 of the Plan. If the industrial water customer’s and commercial nurseries billing history is shorter than 12 months, the monthly average
for the period for which there is a record shall be used for any monthly period for which no billing history exists. The Director of Public Works shall give his/her best effort to see
that notice of each industrial customer and commercial nurseries allocation is mailed to such customer. If, however, a customer does not receive such notice, it shall be the customer’s
responsibility to contact the City of Schertz to determine the allocation, and the allocation shall be fully effective notwithstanding the lack of receipt of written notice. Upon request
of the customer or at the initiative of the Director of Public 16
Works, the allocation may be reduced or increased, (1) if the designated period does not accurately reflect the customer’s normal water usage because the customer had shutdown a major
processing unit for repair or overhaul during the period, (2) the customer has added or is in the process of adding significant additional processing capacity, (3) the customer has shutdown
or significantly reduced the production of a major processing unit, (4) the customer has previously implemented significant permanent water conservation measures such that the ability
to further reduce usage is limited, (5) the customer agrees to transfer part of its allocation to another industrial customer and commercial nurseries, or (6) if other objective evidence
demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established hereunder to the City Manager. Industrial customers
and commercial nurseries shall pay the following surcharges: Customers whose allocation is 90% of their twelve month average. $ 2.00 per thousand gallons for the first 1,000 gallons
over allocation. $ 3.00 per thousand gallons for the second 1,000 gallons over allocation. $ 4.00 per thousand gallons for the third 1,000 gallons over allocation. $ 5.00 per thousand
gallons for each additional 1,000 gallons over allocation. The surcharges shall be cumulative. As used herein, “block rate” means the charge to the customer per 1,000 gallons at the
regular water rate schedule at the level of the customer’s allocation. Section XIII: Enforcement (a) No person shall knowingly or intentionally allow the use of water from the City of
Schertz for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Plan, or in an amount in excess of that
permitted by the drought response stage in effect at the time pursuant to action taken by the City Manager, or his/her designee, in accordance with provisions of this Plan. (b) Any person
who violates violates this Plan is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than twenty-five dollars ($25.00) and not more than two-hundred
dollars ($200.00). up to $200.00. Each day that one or more of the provisions in the Plan is violated shall constitute a separate offense. If a person is convicted of three or more distinct
violations of this Plan, the Director of Public Works shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur.
Services discontinued under such circumstances shall be restored only upon payment of a re-connection charge, hereby established at $150.00, and any other costs incurred by the City
of Schertz in discontinuing service. In addition, suitable assurance must be given to the Director of Public Works that the same action shall not be repeated while the Plan is in effect.
Compliance with this Plan may also be sought through injunctive relief in the district court. (c) Any person, person, including a person classified as a water customer of the City of
Schertz, in apparent control of the property where a violation occurs or originates shall be presumed 17
to be the violator, and proof that the violation occurred on the person’s property shall constitute a rebuttable presumption that the person in apparent control of the property committed
the violation, but any such person shall have the right to show that he/she did not commit the violation. Parents shall be presumed to be responsible for violations of their minor children
and proof that a violation, committed by a child, occurred on property within the parents’ control shall constitute a rebuttable presumption that the parent committed the violation,
but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of this Plan and that the parent could
not have reasonably known of the violation. (d) Any police officer, code enforcement officer, or other City of Schertz employee designated by the Director of Public Works, may issue
a citation to a person he/she reasonably believes to be in violation of this Ordinance. The citation shall be prepared in duplicate and shall contain the name and addresss of the alleged
violator, if known, the offense charged, and shall direct him/her to appear in the municipal court on the date or before the 14th day following the date shown on the citation for which
the date shall not be less than 3 days nor more than 5 days from the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the citation
shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over 14 years of age who is a member of the violator’s
immediate family or is a resident of the violator’s residence. The alleged violator shall appear in municipal court to enter a plea of guilty or not guilty for the violation of this
Plan. If the alleged violator fails to appear in municipal court, a warrant for his/her arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant. These cases
shall be expedited and given preferential setting in municipal court before all other cases. Section XIV: Variances The City Manager, or his/her designee, may, in writing, grant temporary
variance for existing water uses otherwise prohibited under this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the
health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met: (a) Compliance with this Plan cannot
be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect. (b) Alternative methods can be implemented which will
achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance with the City Manager of the
City of Schertz within 5 days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the Director of Public Works, or
his/her designee, and shall include the following: (a) Name and address of the petitioner(s). 18
19 (b) Purpose of water use. (c) Specific provision(s) of the Plan from which the petitioner is requesting relief. (d) Detailed statement as to how the specific provision of the Plan
adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. (e) Description of the relief requested. (f)
Period of time for which the variance is sought. (g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this Plan
and the compliance date. (h) Other pertinent information. Variances granted by the City of Schertz shall be subject to the following conditions, unless waived or modified by the City
Manager or his/her designee: (a) Variances granted shall include an acceptable timetable for compliance. (b) Variances granted shall expire when the Plan is no longer in effect, unless
the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance.
Section XV: Severability It is hereby declared to be the intention of the City of Schertz that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and,
if any phrase, clause, sentence, paragraph, or section of the Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the Plan, since the same would not have been enacted by the City of Schertz without the
incorporation into the Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section.
EXHIBIT B CITY OF SCHERTZ WATER CONSERVATION PLAN Utility Profile The City of Schertz receives its water from two sources. The primary source is from the Schertz/Seguin Local Government
Corporation (SSLGC). The SSLGC has eight wells and a treatment facility located in Gonzales County. This source is obtained from the Carrizo Aquifer. The SSLGC is made up of a Board
of Directors comprised of officials from both the City of Schertz and the City of Seguin. The Schertz Sequin Local Government SSLGC on was developed in 2003. The water is delivered through
a 40-mile pipeline from the well fields to both cities. Both cities are allotted 5000-acre/ft a year at this time. The second source of water is from two wells at our Nacogdoches well
site located at 19625 FM 3009. This source is from the Edwards Aquifer; it is used as an emergency back up to the primary source and for peak usage. The City of Schertz service area
is bordered by City of San Antonio City limits and IH-10 on the south end of the city limits, FM 2252 at the north end of the city limits, the City of Selma along IH-35 on the west end,
and the City of New Braunfels along IH-35 at the east end. The City of Schertz current population served by water is estimated at 33,000. The 5-year population projection is 49,532 for
the year 2014, and the 10-yr population projection is 72,443 for the year 2019. The City currently has 11,064 service connections, (10,355 residential, 707 commercial, and 2 wholesale
emergency connections). The City of Schertz’s water system data compiled in 2008 indicated an average daily water use of 4.8 million gallons and a peak daily average of 8 million gallons.
The City of Schertz is allotted 5000-acre/ft of water from the SSLGC yearly and 1781-acre/ft from the Edwards Aquifer Authority. The City of Schertz water system currently has 8 million
gallons of capacity of ground and elevated storage tanks, 4 booster pump stations and has about 178 miles of transmission and distribution system delivery lines. The City has plans for
an additional 11.5 million gallons of storage tanks. The City of Schertz wastewater system consists of 66.5 miles of sewer collection mains along with 10 liftstations. The City of Schertz
contracts with Cibolo Creek Municipal Authority and Guadalupe Blanco River Authority to treat the City’s wastewater. Where the City of Schertz has no collection system there are On-Site
Sewage Facilities (OSSF). The OSSF facilities are permitted and monitored through the (3) appropriate county agencies.
The Cibolo Creek Municipal Authority wholesales reuse water to the local high school athletic fields and nurseries. Re-use water is also supplied to Randolph Air Force Base, which is
one of our emergency wholesale customers. Water Conservation Plan Goals The goals of the program are to reduce water loss and per capita water usage through water conservation, best
management practices, and to provide for a reduction in water usage during times of shortage. Reduction in losses and usage will extend the availability of the existing water supply
and infrastructure resulting in reduced capital and operating costs. Water Loss Goal (from 2009) 5-year 5 % reduction 10-year 10 % reduction Per Capita Usage Goal (from 2009) 5-year
1 % reduction 10-year 3 % reduction Metering Metering at Point of Source: The City of Schertz has a master meter at the Live Oak tank site where water is accepted to the system from
the SSLGC. The City of Schertz also has master meters located at both wells at our Nacogdoches Well site. This site is on the Edwards Aquifer and is used for emergency and peak usage
only. The meters are accurate to within 5% and are calibrated annually. Universal Metering: The City of Schertz requires the metering of all connections to the water system, including
residential, commercial, industrial, construction, and municipal use. The City completed the replacement of 100% of all meters in 2008 and implemented the use of a radio read network
automatic meter reading (AMR) system also in 2008. This system has the ability to provide usage information for billing, identify unusual usage patterns, usage due to leaks, tampering
and detect meter malfunctions. When an unusual usage pattern or meter malfunction is detected, the meter is then tested and replaced as necessary. The calibration of the AMR to meter
interface is checked at least annually to ensure proper system operation. Water Audit The City of Schertz maintains a record management system that tracks water pumped, delivered, and
sold with the ability to determine the amount of water losses. The system allows for the desegregation of sales into residential, commercial, and municipal uses. The City conducts a
monthly audit to determine the amount of unaccounted usage. The City of Schertz conducts an annual rotating inspection of 10% of all distribution lines including the service connections
to the meter. Therefore, in a 10-year period, the entire system is inspected. The inspection uses ultrasonic equipment to identify leaks not visible on the ground surface. Once identified,
the leaks are repaired.
Leak Detection/Repair Program The City of Schertz investigates all reported leaks, performs periodic visual inspections, and performs leak detection surveys of the water distribution
lines. The use of ultra sonic leak detection devices are also used to locate leaks. Work orders are generated and prioritized by this program. Public Education The City of Schertz promotes
water conservation by informing water users about ways to save water inside homes and buildings, in landscaping and lawn maintenance, and in recreational uses. The City of Schertz informs
our customers about water conservation practices through the City newsletter, website, and presentations put on at local schools. Water conservation practice material can be found at
the Schertz Library, City Hall, and Public Works Center. The City of Schertz includes information about water conservation in its annual Water Quality Report. The report is mailed to
all customers with a billing address and is also provided to apartment complexes and posted in public locations such as the Schertz Library. The City of Schertz provides copies of its
Water Conservation and Drought Contingency Plan on its website and at city facilities. Water Rate Structure The City of Schertz Water Rate Structure is an inverted block rate. The rate
is based on the size of the water meter and an increase cost per 1000 gallons to discourage high usage. It encourages customers to repair leaks in a timely manner. Plumbing Code The
City of Schertz follows the 2006 International (or the most recent adopted) Plumbing Code for all new construction and all remodeling that requires a plumbing permit. Section 401.3 and
Table 604.4 of the code requires water saving plumbing devices and establishes maximum acceptable flow rates for each device. Water Conservation Landscaping The City of Schertz, through
its information and education program, will encourage customers and local landscaping companies to utilize water saving practices during installation for residential and commercial institutions.
The education and information program will promote the following methods. Encourage subdivisions to require drought-resistant grasses and low water use plants.
Encourage landscape architects to use native, low water use plants and grasses and efficient irrigation systems. Encourage licensed irrigation contractors to incorporate water saving
devices in the design of their sprinkler systems, such as rain sensors, efficient sprinkler heads, and drip irrigation when possible. Encourage commercial establishments to incorporate
water saving sprinkler devices for landscape watering, when practical, and to install only ornamental fountains that use minimal quantities of water, including recycling features. Encourage
local nurseries to offer native, low water use plants and grasses and efficient watering devices. The citizens are encouraged to utilize drought resistant plants and Xeriscape techniques
through education materials and landscape examples made available by visiting our City park system. Citizens can also take advantage of our St. Augustine Replacement Rebate Program described
below. Retrofit/Replacement Program The City of Schertz shall continue to encourage the retrofit or replacement of water efficient plumbing fixtures with the following programs. Encourage
citizens to take advantage of the City’s fixture rebate program. The City of Schertz currently has a fixture rebate program designed to replace all toilets that use more than 1.6 gallons
with a fixture that uses 1.6 gallons or less. Citizens are also encouraged to take advantage of the St. Augustine Grass Replacement Rebate Program. The City of Schertz gives a rebate
to water customers that replace their St. Augustine Grass with a more drought tolerant turf or water saving type of landscaping. (Xeriscape) Recycle and Reuse The City of Schertz encourages
reuse water to be implemented when possible. Cibolo Creek Municipal Authority provides reuse water to the local high school athletic fields and local nurseries. Randolph Air Force Base
also purchases reuse water for irrigation of their golf course. (RAFB is a wholesale customer of the City of Schertz) The City of Schertz requires all automated car wash facilities to
implement recycle technology. Water Wholesale Agreements This plan shall require that all current and future wholesale water supply contracts that are made with wholesale customers shall
contain a “pass-through” clause that requires direct compliance with this plan and the City’s adopted drought contingency plan.
Record Management System The City of Schertz record management system retains records for its water use characteristics. The record management system is maintained by the City of Schertz
water utility division and is configured to provide the following water use information. (1) Water Production (2) Water Delivered (3) Water Sales (4) Water Losses The City’s record management
system further allows for the separation of water sales and water usage characteristics into the following customer-specific categories. (1) Residential (2) (3) Commercial Coordination
with Regional Planning Groups The service area of the City of Schertzis located within the South Central Texas Regional Water Planning Group. The City of Schertz has provided a copy
of this water conservation plan to the South Central Texas Regional Water Planning Group (Region L). Implementation and Enforcement The City of Schertz Water Department will administer
the Water Conservation Plan. They will oversee the execution and implementation of all elements of the program and supervise the keeping of adequate records for program verification.
The Plan will be enforced through the adoption of the Water Conservation Plan by Ordinance of the City of Schertz City Council and adoption of the Drought Contingency Plan by ordinance
of the City of Schertz City Council. Water service taps will not be provided to customers unless they have met the Plan requirements. The building inspector will not certify new construction
that fails to meet Plan requirements.
ORDINANCE NO. 09-F-17 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE CITY’S DROUGHT CONTIGENCYCONTINGENCY ORDINANCE AND INCLUDING ADOPTION OF A WATER CONSERVATION PLAN; ESTABLISHING
CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR
ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; MAKING CONFORMING CHANGES TO THE CODE OF ORDINANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Schertz, Texas (the “City”) recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during
periods of extended drought; WHEREAS, the City recognizes that natural limitations due to drought conditions and other acts of nature cannot guarantee an uninterrupted water supply for
all purposes; WHEREAS, the City Council hadhas previously adopted Ordinance No. 00-F-25, establishing a drought contingency planDrought Contingency Plan; WHEREAS, Chapter 90, Article
IV, of the City’s Code of Ordinances incorporates the Drought Contingency Plan and related penalties as modified from time to time by ordinance of the City; WHEREAS, Section 11.1272
of the Texas Water Code and applicable rules of the Texas Commission of Environmental Quality along with requirements of 30 TAC Chapter 288 require all public water supply systems in
Texas to prepare a drought contingency and water conservation plan; and WHEREAS, as authorized under law, and in the best interests of the citizens of Schertz, Texas, the City Council
deems it expedient and necessary to establish certain rules and policies for the orderly and efficient management of limited water supplies continually and more aggressively during drought
and other water supply emergencies; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SCHERTZ, TEXAS: 50218961.2 -1 -
SECTION 1. That theThe City Council hereby amends and replaces Ordinance No. 00-F-25 by adopting the City of Schertz Drought Contingency and Water Emergency Response Plan and Water Conservation
Plan attached hereto as Exhibit A and Exhibit B and made part hereof for all purposes be, and the same are hereby, adopted as the official policy of the City. SECTION 2. Chapter 90,
Article IV of the City’s Code of Ordinances is hereby amended to read as follows: “ARTICLE IV. MANDATORY WATER CONSERVATION Sec. 90-119. Drought contingency and water emergency response
plan adopted. The City adopts by reference the City of Schertz Drought Contingency and Water Emergency Response Plan, as amended from time to time by Ordinance. Sec. 90-120. Water conservation
plan adopted. That allThe City adopts by reference the City of Schertz Water Conservation Plan, as amended from time to time by Ordinance. Sec. 90-121. Penalties. Any person, firm, or
entity who shall violate any of the provisions of this article shall be guilty of a a misdemeanor and, upon conviction, shall be fined in accordance with the provisions of the applicable
plan adopted by Sec. 90-119 or Sec. 90-120. To the extent penalties for particular violations of this article are not set forth in the plan, any person, firm, or entity who shall violate
any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined in any sum not exceeding $200.00, and each and every day the violation continues
shall constitute a separate and distinct offense.” SECTION 3. All ordinances that are in conflict with the provisions of this Ordinance, including but not limited to Ordinance No. 00-F-25,
are and the same are hereby, repealed to the extent of such 50218961.2 -2 -
50218961.2 -3 -conflict and all other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 3.4. Should any paragraph,
sentence, subdivision, clause, phrase, or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance
as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 4.5. This Ordinance shall be in force and effect from
its final passage and any publication required by law, and shall have an effective date of the date this Ordinance is adopted on second and final reading, and it is so ordained. PASSED
ON FIRST READING, the 19th of May 2009. PASSED, APPROVED, AND ADOPTED ON SECOND READING the ____26th day of May 2009. APPROVED: ____________________________ MAYOR ATTESTED TO: _______________________
____ CITY SECRETARY (Seal of City)
Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: May 26, 2009 Department: Economic Development Subject: Resolution No. 09-R-28-Final Reading BACKGROUND The Board of Directors
of the City of Schertz Economic Development Corporation (the “SEDC”) voted at its meeting on May 13 to make a payment of $150,000 (in three installments) to the City to be used for construction
costs and (more likely) improvements at the new City Library. This funding proposal must be approved by the City Council. City Council passed this on first reading at their meeting of
May 19, 2009 FISCAL IMPACT $150,000 payment by the SEDC to the City. RECOMMENDATION Staff recommends approval of Resolution No. 09-R-28. ATTACHMENT Resolution No. 09-R-28. 50218312.1
RESOLUTION NO. 09-R-28 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A PROJECT AND EXPENDITURES BY THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, AND
OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Board of Directors of the City of Schertz Economic Development Corporation (the “SEDC”) has found that funding a one-time $150,000
transfer (in three installments of $50,000) to the City of Schertz to fund costs of construction of and improvements to (the “Project”) the new City of Schertz Library will promote new
and expanded business development in the City of Schertz; WHEREAS, pursuant to Section 505.158 of Title 12, Subtitle C1, Local Government Code, as amended (the
“Act”), the SEDC cannot make such a transfer until the City Council adopts this Resolution authorizing the Project; WHEREAS, Section 505.158(b) of the Act requires that this Resolution
be considered by the City Council on at least two readings; and WHEREAS, City staff recommends that the City Council adopt this Resolution. BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the SEDC to fund the Project as described herein. 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 meetings at which this Resolution is adopted were
open to the public and public notice of the time, place, and 50218307.1
50218307.1 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 7. This Resolution shall be in force and effect from and after its final passage following second reading, and it is so resolved. PASSED ON FIRST READING, the 19th day of May,
2009. PASSED AND ADOPTED ON SECOND READING, the ____ day of May, 2009. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL)
Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: May 26, 2009 Department: Economic Development Subject: Resolution No. 09-R-29 BACKGROUND On May 14th, 2008, the City of Schertz
Economic Development Corporation Board of Directors held a public hearing and voted to approve a services agreement with Site Location Partnership for business recruitment services.
Site Location Partnership (SLP) is a consulting firm specializing in corporate site location, economic development business attraction and targeted marketing strategy. The resolution
approves a year long engagement with SLP to meet the following objectives: ?? Assist in the development and implementation of a targeted industry marketing strategy to showcase Schertz’
business attributes ?? Enhance awareness of Schertz’ competitive advantages amongst corporate executives from targeted industries and site selectors ?? Identify qualified prospects ??
Facilitate teleconferences and meetings for EDC with qualified prospects and site selectors ?? Site visits for EDC from qualified prospects and site selectors This engagement will allow
the EDC to leverage the expertise and resources of SLP to accomplish the objectives above. With its current marketing strategy utilizing the least cost effective methods, the EDC is
spending $250 to $500 to generate a qualified lead. The $14,995 requested for this engagement will allow SLP to utilize its expertise in target industry prospect selection and qualification
that will generate new qualified leads for approximately $6 each. In today’s economic environment, organizations with limited budgetary resources must be selective with their marketing
expenditures. Many experts agree that now is not the time to cut back on marketing efforts, but instead to shift spending from traditional expenditures to a medium where one can measure
results. EDC has found it increasingly difficult to justify generic marketing outreach through print advertising and “shotgun approach” lead generators that lack the ability to provide
clear-cut cut results. EDC staff feels this cost-effective solution will yield measurable deliverables and leave no questions about the City’s return on investment. Though the program
will cost $14,995 for a year long engagement, the EDC has stopped all print advertisements in FY 2008-2009. This expenditure will displace the remaining monies reserved for print advertisements
for a net new expenditure of $8,616. FISCAL IMPACT $14,995 to be paid by the EDC.
City Council Memorandum Page 2 RECOMMENDATION Approve Resolution No. 09-R-29 ATTACHMENTS Resolution No. 09-R-29 and Services Agreement
RESOLUTION NO. 09-R-29 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A SERVICE AGREEMENT BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION AND SITE
LOCATION PARTNERSHIP, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the “City Council”) of the City of Schertz (the “City”) has determined that it is in the best
interest of the City to approve a Service Agreement between the City of Schertz Economic Development Corporation (the “SEDC”) and Site Location Partnership (“SLP”), relating to strategic
marketing, prospect development, website promotion and related services to market the City as an economic development location; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to approve a Service Agreement between the SEDC and SLP with the party in substantially
the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for
all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any
provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution
or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances
shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined,
and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered
at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from
and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 26th day of May, 2009. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) Error! Unknown document
property name.
EXHIBIT A SITE LOCATION PARTNERSHIP SERVICE AGREEMENT See attached Error! Unknown document property name. A-1
SITE LOCATION PARTNERSHIP SERVICE AGREEMENT This Agreement (the "Agreement") is made as of the 2nd day of June, 2009, by and between the Schertz Economic Development Corporation, a Texas
nonprofit corporation with offices at 1400 Schertz Parkway, Schertz, TX 78154 (“Client”) and Site Location Partnership (“SLP”), a Texas limited liability company with offices at 12000
Ford Road, Suite 245, Dallas, Texas 75234. RECITALS: Client markets its city to attract investment and job creation there. Client’s purpose is to develop and promote industry for the
public good and welfare of the city. SLP's Services include, but are not limited to, strategic marketing, prospect development, appointment setting, website promotion, trade shows and
other aspects of marketing support. SLP’s Services, whether specifically described herein or as required to service Client and as otherwise agreed to in writing are referred to herein
as "Services." Client desires to engage SLP to perform Services in accordance with the terms of this this Agreement and SLP desires to provide such Services to Client in accordance with
such terms. Now, therefore, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows: 1. REPRESENTATIONS AND WARRANTIES. SLP hereby warrants and represents to Client that it has the experience to perform the Services and SLP hereby covenants
and agrees that it shall perform for Client the Services, in accordance with generally accepted professional standards and in accordance with this Agreement and such requirements or
restrictions as may be lawfully imposed by any governmental authority. SLP further represents and warrants to Client that: (a) SLP is a limited liability company duly formed and in good
standing under the laws of the State of Texas. (b) In providing the Services under this Agreement, SLP shall conduct its business in compliance with all applicable federal, state, county
and municipal laws, rules and regulations in all material respects. (c) All Services to be performed by SLP hereunder shall be rendered using sound, professional practices and in a competent
and professional manner by knowledgeable, trained and qualified personnel. (d) This Agreement has been duly authorized, executed and delivered by SLP and constitutes the legal, valid
binding obligation of SLP, enforceable in accordance with its terms. (e) SLP has the necessary experience and resources to perform all of its duties and obligations hereunder and SLP's
execution, delivery and performance of this Agreement do not and shall not contravene any contractual obligation binding or affecting any of its property, certificate of organization,
bylaws, or any existing statute, rule, order, or judgement applicable to it. Client Initials ___ SLP Initials ___ -1-
2. DESCRIPTION OF SERVICES. The Comprehensive Platinum Program Services (the "Services") to be provided to Client by SLP shall include the following: (a) BUSINESS ATTRACTION MARKETING-Five
(5) Target Industries: Database development of minimum six hundred (600) C-level executive contacts for each target industry, based upon pre-defined criteria from Client. Delivery of
database to Client. Graphic design of four (4) HTML marketing emails for each target industry. Implementation of Four (4) email blasts for each target industry. Statistical tracking
of email blasts and delivery to Client. Personal outreach to all contacts by telephone, fax, or email. Preparation of prospect summary reports for qualified leads and delivery to Client.
Preparation of company profile summaries for qualified leads and delivery to Client. Scheduling of prospect introductory teleconferences with Client. Preparation of quarterly activity
reports and delivery to Client. (b) SITE CONSULTANT MEETINGS-Based upon metro area location and date/s preferred by Client: Scheduling of eight (8) Client personal meetings with corporate
site location consultants that specialize in industries related to Client’s target industry sectors. SLP must receive a minimum sixty (60) day notice from Client of travel plans to arrange
consultant meetings. (c) TRADE SHOWS-Including all pre-determined shows that SLP exhibits at: Two (2) attendee badges available to Client. Client access to work from SLP exhibit booth.
Client exposure in SLP pre-show marketing. Distribution of Client marketing materials from booth. Preparation of prospect summary reports for qualified leads from the show with interest
in Client’s area and delivery of reports to Client. Preparation of company profile summaries for qualified leads from the show with interest in Client’s area and delivery of reports
to Client. (d) NETWORKING FORUMS-Including all networking forums held in conjunction with pre-determined SLP trade shows: Two (2) guest invites available to Client. Client networking
opportunities with attending site consultants and corporate real estate executives. Client access to guest speaker panels and group discussions. Delivery of attendee contact list to
Client. (e) INTERNET EXPOSURE/MARKETING COLLATERAL ASSESSMENT: Graphic design and posting of “Hot Spot” preferred directory listing for Client on SLP website. Graphic design and posting
of “Learn More” HTML web page for Client on SLP website. Statistical tracking of all web traffic generated to Client’s website and delivery to Client. Preparation of prospect summary
reports for qualified web lead inquiries with interest in Client’s area and delivery of reports to Client. Preparation of company profile summaries for qualified web inquiry leads with
interest in Client’s area and delivery of reports to Client. Critique and recommendations for improvement of Client’s current marketing collateral. 3. PRICING. For the performance of
identified Services, Client shall pay to SLP the amount of $14,995, payable and due upon execution of Agreement. Until payment is received by SLP, no Services shall be provided unless
otherwise agreed upon in writing by either party. No fee increase will be permitted until all Services are performed. SLP shall have the right to increase rate only on the commencement
date of annual renewal term so long as it shall have provided Client with at least sixty (60) days' prior written notice of such increase. 4. LENGTH OF AGREEMENT; TERMINATION. The initial
term of this Agreement shall be for a term commencing on the date hereof and ending on June 2, 2010, and may be extended by the written agreement of both parties. Notwithstanding anything
else to the contrary contained herein: (a) Client shall have the right to terminate this Agreement without further liability upon any merger or sale of all or substantially all of the
assets of SLP, or any similar transaction or series of transactions pursuant to which control of the operations of SLP is transferred to a party or parties other than its current ownership.
Client Initials Initials ___ SLP Initials ___ -2-
3 (b) Client shall have the right to terminate this Agreement without further liability upon thirty (30) business days' prior written notice to SLP in the event that SLP has consistently
failed to perform the Services set forth hereunder; provided, however, that, in the case of the first such notice sent to SLP under the terms of this subsection (b), at SLP's option,
the parties shall meet during such period in order to discuss SLP's failure to perform and, thereafter, SLP shall be provided with a thirty (30) day period within which to demonstrate
that it will be able to consistently perform up to the standards set forth hereunder. 5. PROCEDURE UPON TERMINATION. In the event of termination by Client, the proportionate adjustment
payable to Client by SLP shall include the percentage of $14,995 equal to the percentage of Services not yet rendered as required by this Agreement. Upon termination of this Agreement,
SLP shall deliver to Client, or any other person designated by Client in writing, all records, files, data and other information in its possession or under its control relating to Client.
6. PERFORMANCE REVIEWS. On a quarterly basis, SLP and Client will comprehensively review the Services being performed and shall identify and jointly seek to implement any productivity
and methods improvements that can reasonably be expected to improve the level of the Services performed by SLP. 7. PRIOR AGREEMENTS. This Agreement sets forth the entire Agreement between
the parties hereto and supersedes any and all prior Agreements, written or oral, between SLP and Client. 8. COUNTERPARTS. This Agreement may be separately executed in several counterparts,
all of which together shall constitute one Agreement; notwithstanding that all signatories have not signed the same counterpart. 9. AMENDMENTS. This Agreement shall not be changed or
modified in any respect except by a written agreement signed by each of the parties hereto. 10. WAIVERS. Any waiver by either party of any breach of any kind or character whatsoever
by the other, whether such waiver is direct or implied, shall not be construed as a continuing waiver of, or consent to, any subsequent breach of this Agreement on the part of the other.
11. ASSIGNMENT. SLP may not delegate any duties under this Agreement to another vendor or subcontractor without the prior written consent of Client. Notwithstanding the foregoing and
subject to Section 4 of the Agreement, with 30 days prior written notice to Client, SLP shall have the right to assign this Agreement to any party which (by sale of assets, merger or
otherwise) acquires all or substantially all of SLP's assets. Any such subcontract shall require that subcontractors are subject to all terms and conditions set forth in this Agreement
and SLP shall be fully responsible for the works as if it had itself performed it. Client may sell, assign, license, franchise, sublicense or otherwise convey its rights, duties and
obligations under this Agreement to another entity which (by sale of assets, merger or otherwise) acquires all all or substantially all of Client's business with notice to SLP, and may
sell, assign, license, franchise, sublicense or otherwise convey its rights, duties and obligations under this Agreement to any other entity as long as Client remains bound by the terms
and conditions hereof. 12. FORCE MAJEURE. Neither party shall be liable to the other for an interruption or delay in the performance of its obligations under the Agreement if such interruption
or delay is caused in whole or in part by any act of federal governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions,
or any other cause beyond the reasonable control of the party delayed (a "Force Majeure Event"); provided that the party delayed will provide the other party written notice of any such
delay or interruption as soon as reasonably practicable, and will use commercially reasonable efforts to minimize any delays or interruptions resulting from the Force Majeure Event.
Client Initials ___ SLP Initials ___ -3-
13. INDEMNIFICATION. Each party shall indemnify, defend and hold harmless the other party, its officers, agents and employees from and against any and all losses, liabilities, claims,
suits, judgments, damages, costs and expenses, including reasonable attorneys' fees and costs associated therewith which may accrue against, be charged to, incurred by or recoverable
from, its officers, agents and employees as a result of performance, non-performance, or improper performance under the Agreement or which arise out of or are related to the Services
of the other party under the Agreement. To assert its rights of indemnification under this Section 13, an indemnitee shall promptly notify the indemnifying party in writing of any claim
or legal proceeding which gives rise to such right, afford the indemnifying party the opportunity to participate in, or fully control, any proceeding and compromise, settlement, resolution
or other disposition of the claim or proceeding so long as the settlement involves the payment of of money damages only and the indemnitee is provided with a general release from the
claimant and indemnifying party. Each party agrees to cooperate fully with the other in any proceeding for which an indemnification claim is made. 14. NON-DISCLOSURE. During the term
of the Agreement, each party may have access to certain confidential information and trade secrets or proprietary confidential information (collectively "Confidential Information") related
to Client’s discretionary incentives for corporate location projects and the pricing of SLP’s Services within this Agreement. To the extent permitted by law, each party agrees to maintain
procedures sufficient to preserve the confidentiality of said information of the other and to use such information during the term of this Agreement only for the purposes set forth in
and as permitted by this Agreement, and to make no use of the Confidential Information following the termination of this Agreement. 15. GOVERNING LAW. The Agreement and any dispute arising
thereunder shall be governed by the internal laws of the State of Texas, without regard to conflicts of law principles. 16. COMPLETE AGREEMENT. The Agreement contains the complete, final
and exclusive agreement between the parties with respect to the subject matter thereof, and may not be modified, or amended, other than by written instrument executed by both parties.
17. NOTICE. All notices shall be in writing and deemed given if delivered personally, by a reputable guaranteed overnight delivery service, by fax or mailed by first class mail, postage
prepaid, to the parties at the address for such party set forth in this Agreement. 18. AUTHORIZED SIGNATORIES. This Agreement shall not be binding by either party unless and until approved,
signed and executed by authorized signatories of both SLP and Client. 19. SUBJECT TO APPROVAL. The obligations of the Client under this Agreement are subject to the approval thereof
by the City Council of the City of Schertz in accordance with the requirements of Title 12, Subtitle C1, Texas Local Government Code, as amended, and the Articles of Incorporation and
Bylaws of the Client. If the Client is unable to obtain such approval, this Agreement shall not become effective. Client Initials ___ SLP Initials ___ -4-
5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date shown above. CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION By: Steve White, President ________________________________
____ SITE LOCATION PARTNERSHIP By: Justin Thompson, Chief Executive Officer _____________________________________ APPROVAL BY CITY OF SCHERTZ The obligations of the Client as set forth
above were approved by the City Council of the City of Schertz in accordance with the requirements of law. EXECUTED the 19th day of May, 2009. CITY OF SCHERTZ By: Don Taylor, City Manager
_____________________________________ Client Initials ___ SLP Initials ___ -5-
Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: May 26, 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. At the City Council meeting on May 26, the Advisory Committee
will recommend to City Council the 2009 recipient of the Scholarship. FISCAL IMPACT $1,000 RECOMMENDATION Adoption of Resolution 09-R-30 ATTACHMENT Resolution 09-R-30 50218933.1
50218923.1 1 RESOLUTION NO. 09-R-30 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING THE 2009 RECIPIENT OF THE HAL BALDWIN SCHOLARSHIP, AND RESOLVING OTHER MATTERS
IN CONNECTION THEREWITH WHEREAS, on February 10, 2009, the City Council of the City of Schertz, Texas created the Hal Baldwin Scholarship to honor Mayor Hal Baldwin for his many years
of public service to the City of Schertz by awarding deserving graduating high school seniors who live in the City of Schertz who desire to pursue a career in public service; and WHEREAS,
the City Council appointed an Advisory Committee to assist the City Council with the scholarship process by recommending potential scholarship winners to the City Council; and WHEREAS,
the Advisory Committee has recommended that ________________________________________ receive the Hal Baldwin Scholarship for 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council hereby awards the 2009 Hal Baldwin Scholarship in the amount of $1,000 to _____________________________________________. Section
2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of
the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed
to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters ordained herein. Section 4. This Resolution shall be construed
and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and
the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting
at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including
this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Resolution shall be in force and effect from and after its final passage.
PASSED AND APPROVED on the 26th day of May, 2009. Mayor ATTEST: City Secretary (City Seal)
Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: May 26, 2009 Department: City Manager Subject: Allocation of Funds from the former Economic Development Foundation and approval
of a FY 2008-09 budget for the Historical Preservation Committee. BACKGROUND In December 2007, Council set aside funds from the former Economic Development Foundation for special events.
These funds have been used to help fund events including Schertz Fest and the 50th Anniversary Committee events. A balance of approximately $49,865 remains in the fund. Of the original
$106,877: $55,689 was spent on the 50th Anniversary event, and $1,323 on Historical Committee to date. A balance of $49,865 remains. Since that time, the Historical Committee has developed
budgets for FY 2008-09, 2009-10, which total $25,000. Council has dedicated the current Library for use for a Senior Center/Museum, and a budget will be developed. Tonight, staff is
recommending allocating $25,000 ($10,000 for this year and $15,000 for next year) for the Historical Committee and the balance (approximately $24,862) for remodeling the current Library
for a Senior Center/Museum. Staff is further recommending the approval of the FY 2008-09 Historical Committee budget totaling $10,000 (Staff will present the FY 2009-10 proposed budget
as part of this summer’s budget process). This summer, staff will also develop a budget for Council’s consideration to remodel the current Library into a Senior Center/Museum. FISCAL
IMPACT Budget transfer (see below) and approval of Historical Preservation Committee budget. RECOMMENDATION 1. Approve the following allocations from the Special Events fund: Historical
Preservation Committee: $25,000 Senior Center/Museum Remodel: $24,862 2. Approve FY 2008-09 budget for the Historical Preservation Committee in the amount of $10,000. ATTACHMENTS FY
2008-09 Schertz Historical Preservation Committee Budget
Historic Committee FY 2008-09 Budget Department 617 FY 2008-09 Budget REVENUE Book sales 7 ,500 458100-Sale of Merchandise Economic Development Foundation 1 0,000 489000-Transfer in
Donations 493617-Donations-HPC TOTAL REVENUES 1 7,500 EXPENSES Texas Historic Commission Dues 1 50 535300-Memberships Travel/Training (annual conference) 0 535500-Travel/Training Kramer
House Exhibit Supplies 3 ,500 521000-Operating Supplies Museum Supplies 7 ,500 571000-Furniture&Fixtures Book 2 ,500 534200-Printing&Binding Plaques 2 ,600 535200-Awards TOTAL EXPENSES
1 6,250 05/21/2009