06-23-09 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 REGULAR AGENDA TUESDAY, JUNE 23, 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. Schertz -Seguin Water fee i?ncrease -Presentation and discussion regarding Schertz-Seguin Water fee increase.
(A. Cockerell/J. Bierschwale) 2. Presentation on Program and Budgets for July 4, 2009/SchertzFest -Discussion and consideration and/or action regarding July 4, 2009 Schertz Fest program
and report on the expenditures for the 2008 SchertzFest/50th Anniversary Celebration. (J. Bierschwale/B. Cantu/C. Raleigh) 3. Minutes – Discussion and/or action regarding the approval
of the minutes of the June 16, 2009 regular meeting. 4. EMS Write-offs -Consideration and/or action approving the EMS Write-offs. (D. Wait) 5. EMS – Financing of EMS Capital Items –
Consideration and/or action approving financing of EMS Capital items. (D. Wait) 6. EMS Subscription Membership Program – Consideration and/or action approving an EMS Subscription Membership
Program. (D. Wait) 6-23-09 Council Agenda
7. Ordinance No. 09-F-21 – Consideration and/or action adopting an ordinance amending the City’s Drought Contingency and Water Emergency Response Plan; and providing severability, declaring
an emergency and an effective date. (First and Final Reading (J. Hooks/M. Spain) 8. Ordinance No. 09-F-22 – Discussion and consideration and/or action approving Ordinance No. 09-F-22
granting Consolidated Construction Services, LLC., a Limited Municipal Solid Waste Collection and Disposal Franchise; imposing provisions and conditions relating to the exercise of same;
and providing for penalties not to exceed $200 for violation thereof; repealing all ordinances or parts of ordinances in conflict with this ordinance. First Reading (M. Spain) 9. Lawn
Care and Tree trimming services – Discussion regarding waste from lawn care services and tree trimming services as it relates to solid waste disposal. (M. Spain will provide briefing)
10. Landscape proposals– Consideration and/or action authorizing funds from the Tree Mitigation Fund in an amount not to exceed $69,000 to install landscaping at the new Library, Visitor’s
Center and Schertz Parkway. (G. Logan) 11. Appointment/Reappointment to Boards and Commissions/Committees – Consideration and/or action regarding appointment to the Library Board. (Mayor
Baldwin) 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 12. Take any additional action deemed necessary as a result of the Executive Session. Requests and Announcements 13. Requests
by Mayor and Councilmembers that items be placed on a future City Council agenda. 14. Requests by Mayor and Councilmembers to City Manager and Staff for information. 15. 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 6-23-09 City Council Agenda Page -2 -
• Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items 16. Announcements by City Manager • Recognition of City
employee actions • New Departmental initiatives Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS
POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 18th DAY OF JUNE 2009 AT 4:30 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED
IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis BRENDA DENNIS, TRMC, CMC CITY SECRETARY I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY
THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2009. ____________________________Title:__________________________ This facility is
accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative
services or other services please call 619-1030 at least 24 hours in advance of meeting. 6-23-09 City Council Agenda Page -3 -
6-23-09 City Council Agenda Page -4 -COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation
Committee Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Councilmember Wilenchik Investment Advisory Committee Liaison – Animal
Advisory Board Liaison -Schertz Chamber of Commerce Liaison -Board of Adjustment Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee
AACOG Economic Development TML Board of Directors TML Municipal Revenue & Taxation Committee Mayor Pro-Tem Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation
Advisory Board Interview Board for Boards and Commissions Councilmember 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
Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: June 23, 2009 Department: Administration Subject: Report on expenditures for the 2008 SchertzFest/50th Anniversary celebration
and discussion and/or action on expenditures and update on the 2009 4th July Jubilee Program. BACKGROUND The Council had allocated monies to be used for our first and never to be held
again 50th Anniversary celebration. Afterwards, it was decided to continue the 50th Anniversary celebration as an annual event and rename it “SchertzFest”. To this end, a great celebration
was planned and executed. What we have here this evening is the report on the expenditures for the 2008 SchertzFest/50th Anniversary celebration. Every year for the past 33 years the
City of Schertz has celebrated the 4th of July with parades and celebrations. In the past this event was organized under the sponsorship of the Schertz Chamber of Commerce with City
support from various departments. This year’s event will be sponsored by the City of Schertz. The planning process for this year’s event is well under way and under the auspices of the
Parks and Recreation Foundation. We will present a program and update with projected expenditures for this year’s 4th of July event. FISCAL IMPACT If we have more expenses than revenue,
the Hotel/Motel tax account has authorized an assist of up to $46,000.00. If the revenue exceeds the expenses, they will become a net profit to the Foundation. However, our plan is to
break even.
Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: June 23, 2009 Department: Administration Subject: Minutes BACKGROUND On June 16, 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 June 16, 2009 minutes.
ATTACHMENT Minutes 06-16-09
MINUTES REGULAR MEETING June 16, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 16, 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 Pro-Tem Jim Fowler Councilmember David Scagliola Councilmember John Trayhan Councilmember
Tony Wilenchik Councilmember Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Harris City Secretary Brenda
Dennis Mayor Baldwin was absent. CALL TO ORDER REGULAR MEETING Mayor Pro-Tem Fowler 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 Carpenter gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Mayor Pro-Tem
Fowler recessed the meeting into the conference room at 6:36 p.m. due to air conditioning conditioning problems in the Council Chambers. RECOGNITION • Doggie Dash presentation by Lisa
Connolly, President, Homes for Pets. Mayor Pro-Tem Fowler recognized Ms. Lisa Connolly who presented the City with a plaque of appreciation and shirts to Mayor Hal Baldwin, City Manager
Don Taylor, City Councilmembers Scagliola, Wilenchik and his wife Val, as well as Animal Services Supervisor Chris Lewis and his staff. Mayor Pro-Tem Fowler recognized Councilmember
Wilenchik who thanked Ms. Connolly and all the staff involved in the success of the 8th Annual Doggie Dash. PRESENTATION • Presentation and discussion on Cibolo Creek Municipal Authority
(CCMA) Wastewater Treatment Rate Increase – Presentation and discussion regarding CCMA’s Wastewater Treatment Rate Increase. (D. Dennis) 6-16-09 Minutes
Mayor Pro-Tem Fowler recognized CCMA General Manager David Dennis who introduced this item with a brief PowerPoint presentation regarding the upcoming rate increase information along
with the service that CCMA provides. Mr. Dennis stated the Board of Directors voted March 12, 2009 to increase the rate charged for wastewater treatment service to its contracting parties.
The rate increase would be around .60 cents per thousand, which equates to about $3.30 per month per household. HEARING OF RESIDENTS • Mayor Pro-Tem Fowler recognized Mr. Ernest Bailey,
2712 Star Light Lane who addressed on concerns of current spending and management of City funds. Discussion and/or Action Items 1. Issuance of $6,600,000 general obligation bonds -Presentation
and consideration and/or action authorizing the proposed issuance of $6,600,000 general obligation bonds (from the 2006 Bond Election), setting a timetable for the proposed sale, authorizing
the staff and financial advisor to begin preparing for the bond sale, and authorizing other matters related thereto. (Mark McLiney and Ryan Cunningham – Southwest Securities) Mayor Pro-Tem
Fowler recognized Ryan Cunningham with Southwest Securities who briefed the Council on the proposed timetable for the issuance of the $6,600,000 General Obligation Bonds, Series 2009,
including authorization of the bonds at the Tuesday, July 14 meeting of the City Council. Mr. Cunningham also advised the City Council that they continue to monitor any refinancing opportunities
of the Series 1998 Bonds as they become available. Mayor Pro-tem Fowler recognized Councilmember Trayhan who moved, seconded by Councilmember Carpenter to authorize Southwest Securities
to move forward to issue the $6,600,000 General Obligation Bonds and the refunding bond at a $90,000 savings, setting a timetable for the proposed sale, authorizing the staff and financial
advisor to begin preparing for the bond sale, and authorizing other matters thereto. Vote was unanimous. Motion Carried. 2. Animal Services Facility – Presentation and consideration
and/or action regarding Animal Services Facility. (G. Logan/C. Lewis) Mayor Pro-Tem Fowler recognized Parks and Recreation Director George Logan and Animal Control Supervisor Chris Lewis
who introduced this item stating that in response to City Council’s Strategic Plan, the staff of the Animal Services Division performed a needs assessment of the current workload and
space requirements at our existing Animal Shelter. Mr. Lewis provided a brief PowerPoint presentation on research and results regarding a new or remodeled facility and its requirements.
6-16-09 Minutes Page -2 -
After considerable discussion Council asked that staff work together on other possible areas for consideration of a new facility as well as gather further information on costs for expanding
the current facility and bring this back to them at the second meeting in August. 3. Minutes – Discussion and/or action regarding the approval of the minutes of the June 9, 2009 regular
meeting. Mayor Pro-Tem Fowler recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve the minutes with the addition of adding language “magnitude of
efforts on projects by City staff” under Councilmembers comments to the regular meeting of June 9, 2009. Vote was unanimous. Motion Carried. 4. Resolution No. 09-R-31 – Consideration
and/or action approving a resolution by the City Council of the City of Schertz, Texas authorizing a Consulting Agreement, as amended and subcontracted, with Stainback Public/Private
Real Estate, and other matters in connection therewith. (G. Antuna) Mayor Pro-Tem Fowler recognized Economic Development Director George Antuna who introduced this item stating action
would approve an agreement between the City of Schertz and Stainback Public/Private Real Estate (“SPPRE”) to prepare a conceptual master plan and related services for a Main Street &
FM 78 area revitalization effort. SPPRE will subcontract some services to TBG Partners in an amount not to exceed $48,000, and SPPRE will receive a project management fee for the services
rendered during this process. Amendment #1 to the consulting agreement date will allow SPPRE to commence work on a pre-development financial feasibility assessment for a town center
project at Live Oak Road and Schertz Parkway. Maximum Fiscal impact of $88,721 to be paid for from the Economic Development Corporation for entire agreement. Sufficient funds exist in
the FY 2008-09 adopted budget for this project. Mayor Pro-Tem Fowler recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve Resolution No. 09-R-31
authorizing a consulting agreement with Stainback Public/Private Real Estate. Vote was unanimous. Motion Carried. 5. Resolution No. 09-R-32 – Consideration and/or action approving a
resolution by the City Council of the City of Schertz, Texas authorizing a City of Schertz Tower Lease Agreement with Clear Wireless LLC, and other matters in connection therewith. (M.
Spain/C. Sanchez) Mayor Pro-Tem Fowler recognized City Attorne, Michael Spain who introduced this item stating they have negotiated a five-year telecommunications antenna lease (with
three possible five-year extensions) with Clear Wireless LLC at the City’s water tank site at 1057 Live Oak Road. The City will receive $23,700 for 2009 and a one-time 6-16-09 Minutes
Page -3 -
capital recovery payment of $6,000. Lease payments will increase annually over the life of the agreement. Mayor Pro-Tem Fowler recognized Councilmember Scagliola who moved, seconded
by Councilmember Wilenchik to approve Resolution No. 09-R-32 authorizing a Tower Lease Agreement with Clear Wireless LLC. Vote was unanimous. Motion Carried. 6. Resolution No. 09-R-33
-Consideration and/or action approving a resolution designating particular areas, dates and times for which alcoholic beverages may be brought into or removed from Pickrell Park and
authorizing the extension of park hours, extension of noise hours and other motorized vehicles in particular park areas. (J. Bierschwale) Mayor Pro-Tem Fowler introduced Assistant City
Manager John Bierschwale who introduced this item stating Action would approve the 34th annual 4th of July Jubilee at Pickrell Park from July 2 to July 5, 2009 and extend park hours,
extend noise hours, authorizing parking of motorized vehicles, and alcohol in park in designated areas. Mr. Bierschwale stated the carnival would be held from July 2, 2009 to July 5,
2009 and entertainment would begin on July 3 at 6 pm at the pavilion. The parade will be held on July 4 at 9:30 am with opening ceremonies to follow at 12:00 pm. Live entertainment on
the 4th of July will be from 1:00 pm to 11:00 pm headlined by Jason Allen. Fireworks will be at 9:15 pm. Mayor Pro-Tem Fowler recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to approve Resolution No. 09-R-33 designating particular areas, dates and times for which alcoholic beverages may be brought into or removed from Pickrell Park
and authorizing the extension of park hours, extension of noise hours and other motorized vehicles in particular park areas. Vote was unanimous. Motion Carried. 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. Council
did not meet in executive session. Requests and Announcements 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests were noted. 6-16-09
Minutes Page -4 -
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 Pro-Tem Fowler recognized the following: Councilmember Scagliola who announced that
today he attended a ribbon cutting at United SA Credit Union on FM 3009, which was the old Washington Mutual Building. 11. Announcements by City Manager • Recognition of City employee
actions • New Departmental initiatives Mayor Pro-Tem Fowler recognized the following: Assistant City Manger David Harris provided the Council with a finalized copy of the Strategic Plan.
Mr. Harris stated that Mr. Bob Cantu would be rolling out a copy to each department head to coincide with the departments as they are preparing their mission statements and goals for
the upcoming budget. He also stated the EDC is proposing to place money in their upcoming budget for a citywide rebranding project that will go hand in hand with the City of Schertz
Strategic Plan. Councilmember Carpenter requested that this plan be placed in the next Schertz Tales. Councilmember Trayhan also requested that the visions and missions statements be
placed on the walls through out the City. City Manager Don Taylor who stated that the City is receiving several calls regarding the Stage 2 water restrictions in San Antonio and he has
asked Mr. Harris to work with media and on getting information placed on our website regarding water restrictions and the Drought Contingency Plan. Assistant City Manager John Bierschwale
stated that the water quality reports are out and the Council has received them. 6-16-09 Minutes Page -5 -
6-16-09 Minutes Page -6 -Mayor Pro Tem Fowler recognized City Attorney Michael Spain who announced that Officer Michael McGuire is currently doing the Texas Safari Race which is canoeing
race held in San Marcos and explained how incredibly hard it is to complete. ADJOURNMENT As there was no further action, Mayor Pro-Tem Fowler adjourned the meeting at 8:36 p.m. ______________________
____________ Jim Fowler, Mayor Pro-Tem ATTEST: _______________________________________ Brenda Dennis, TRMC, CMC City Secretary
Agenda No. 4 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: June 23, 2009 Department: EMS Subject: EMS Bad Debt and Contractual Allowable Write-Offs BACKGROUND: Per City Policy,
EMS is to bring uncollectible debt and non-collectable contractual allowables to City Council throughout the year. For uncollectible debt, we are to write the debt off after 180 days
of nonpayment. FISCAL IMPACT Our write off request is presented in three segments. First are the accounts that have been referred to our collection agencies. These represent accounts
sent to MVBA from January 1, 2009 through April 30, 2009. For this period we are requesting to write-off $187,032.78 in collection accounts. The second item to be written off comes from
our internal billing procedures. Some of these are negotiated charge reductions, write-off’s of co-pays for citizens in the cities we serve, bills of homeless patients who we cannot
locate any longer, and bills of deceased patients who do not have insurance. The amount of this category is $27,438.22. Lastly, Contractual Allowables represent the funds we cannot collect
by law due to accepting assignment of Medicare, Medicaid and other government payments. This amount represents the difference between what we have charged per our usual and customary
charges and what we have been paid by Medicare/Medicaid. The amount of these automatic write-offs is $560,608.74. This second write-off of FY 2008-2009 totals $775,079.74. The grand
total of EMS write-offs Fiscal Year to date is $1,776,351.76 written off out of an anticipated budgeted amount of $2,931,698 of total Bad Debt Expenses. RECOMMENDATION Staff recommends
Council approval of the Interlocal Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above stated EMS recommends City Council approve the Write-Off amount
of $775,079.74. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 23rd day of June, 2009, at which meeting a quorum was present, held in
accordance with the provisions of the Texas Government Code, §551.001 et seq., as amended. Memo-Resolution.doc
City Council Memorandum Page 2 Memo-Resolution.doc APPROVED Hal Baldwin, Mayor ATTEST: ___________________________________ Brenda Dennis, City Secretary
Agenda No. 5 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: June 17, 2009 Department: EMS Subject: Financing of EMS Capital Items BACKGROUND In preparing the Fiscal Year 2010
budget, EMS brought two significant capital requests forward in their budget proposal. After budget presentations to City Management, these requests were left in as recommendations to
City Council. These requests are the purchase of a new ambulance and the purchase and installation of a station alerting system as a part of the new Regional Computer Aided Dispatch
product recently adopted by the City. Item #1: It is time to replace our oldest frontline ambulance. This unit was placed into service in 2004 with an anticipated lifespan of 10 years
(8 years as a frontline unit and 2 years as a reserve unit). Unfortunately our call volume grew at a much higher rate than anticipated in 2003 when this fleet plan was developed and
this unit needs to move to reserve status at the 6 year mark (April, 2010). This ambulance has in excess of 200,000 miles on it and it is our lone remaining frontline unit not equipped
with the latest in safety and restraint systems for our paramedics. Item #2: One of the features of the new regional CAD system is the capability to automatically alert units as soon
as the 911 operator knows what type of call is being received and the location. This “station alerting” feature will shave possibly 1 to 2 minutes off of Fire and EMS responses and is
one of the key pieces of the new CAD system. The cost of this feature for the City of Schertz’s five EMS and/or Fire Stations (FD has 2 stations (one shared with EMS) and EMS has 3 stations
in addition to the one shared with FD) was included in the original presentation to City Council when the resolution was passed to move forward with this project. However, due to economic
issues, the General Fund could not handle this additional expense this year. After discussions with Information Technology, EMS and the Fire Department, EMS included the total cost in
their budget as a capital item so that this feature could remain a part of the CAD project. In reality, EMS shares the largest burden of this feature since they occupy four stations
(alone or shared) compared to FD only occupying one alone and one they share with EMS. In reviewing the budget figures, EMS requested that they be allowed to obtain financing for five
years to accomplish these two capital items. EMS is proposing that they either obtain this loan from the Schertz Economic Development Foundation or from private placement with a local
lending institution. The annual payment is relatively small and EMS has capability to absorb this within its current budget even if call volume does not increase over the next five years.
This is being brought forward to City Council ahead of the overall budget presentation so that the City can finalize the installation of the station alerting system without delaying
the overall CAD
City Council Memorandum Page 2 implementation schedule and so that our ambulance vendor can attempt to acquire a 2009 chassis before additional emissions requirements go into effect
for 2010. FISCAL IMPACT Approximate cost of new ambulance (equipped with stretcher): $200,000 Anticipated cost of station alerting system: $100,000 Total to be financed $300,000 Anticipated
annual payment on this debt: $ 70,000 RECOMMENDATION City staff recommends approval of these two capital items to be financed through the EDC or private placement. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above stated staff recommendations are hereby approved and authorized. PASSED AND APPROVED at a regular meeting of the City Council
of the City of Schertz, Texas this 23rd day of June, 2009, at which meeting a quorum was present, held in accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq.
APPROVED _________________________ Hal Baldwin, Mayor ATTEST: __________________________ Brenda Dennis, City Secretary
Agenda No. 6 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: June 23, 2009 Department: EMS Subject: EMS Subscription Program BACKGROUND With the rising cost of healthcare, the
increasing pressure to raise EMS rates on our patients as well as our member cities, and the unsteady nature of our current economy, Schertz EMS would like to ask City Council to entertain
a new funding method to generate additional revenue from individuals across our service area who either believe they could utilize our services or would like to have additional security
in how they would pay for our services if they ever needed to utilize them. An EMS Membership Program would allow families from across our service area to purchase a membership for their
entire immediate family for $60 a year (per household). In exchange for this $60, if anyone in that household family had to use our services for a medically necessary transport at anytime
in the calendar year in which they subscribed, they would not have any outof-pocket expenses beyond what their insurance paid for the transport. If the member does not have insurance
or if the transport is NOT medically necessary, then they would receive a 40% discount from our usual and customary charges. This type of program, although new to the San Antonio area,
is popular throughout north and east Texas as well as the remainder of the United States. This is a great public service that we could provide and can be seen as a benefit for our senior
citizens who would not have to worry about any co-pays when they need an ambulance transport. Our average Medicare co-pay is approximately $75 to $80 dollars for every ambulance transport.
This could potentially save this group of citizens hundreds of dollars throughout a year if they become chronically ill. If City Council agrees to the concept of this program, we would
like to get the City Manager’s and elected officials together for all the jurisdictions we serve to see if all jurisdictions were
agreeable to this program. In its infancy, this program will not reduce any per capita charges, but as it grows in popularity with our citizens, it could help reduce future per capita
adjustments when the inter-local agreements come up for renewal. If agreed to by all our member cities, EMS would begin advertising this in October with the first membership year beginning
in January, 2010. Staff recommends approval Fiscal Impact:
City Council Memorandum Page 2 Revenues of approximately $100,000 anticipated first year with an expense of approximately $15,000 to market the program across our entire jurisdiction.
RECOMMENDATION City staff recommends approval of EMS Membership Program so that we can begin seeking the approval of our other member cities. BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ: That the above stated staff recommendations are hereby approved and authorized. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz,
Texas this 23rd day of June, 2009, at which meeting a quorum was present, held in accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq. APPROVED _________________________
Hal Baldwin, Mayor ATTEST: __________________________ Brenda Dennis, City Secretary
Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: June 23, 2009 Department: Public Works Subject: Ordinance No. 09-F-21 – Consideration and/or action adopting an ordinance amending
Drought Contingency and Water Emergency Response Plan (First and Final Reading) BACKGROUND On May 26, 2009 the Drought Contingency and Water Conservation Plan was adopted pursuant to
Ordinance 09-F-17. Staff recommends clarification of Section IX of the Drought Contingency and Water Emergency Response Plan, under Wasting Water to delete subsection (a) which is ambiguous,
to modify subsection (b) to permit handheld watering devices, and to add a new subsection (e) to urge everyone not to waste water. FISCAL IMPACT No fiscal impact at this time. RECOMMENDATION
Staff recommends that Council amend Section IX of the Drought Contingency and Water Emergency Response Plan as described above. ATTACHMENTS Page 8 of the existing Drought Contingency
and Water Emergency Response Plan marked to show suggested changes. Ordinance No. 09-09-F-21, with amended Drought Contingency and Water Emergency Response Plan. CCM Resol 09-F-21.doc
ORDINANCE NO. 09-F-21 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CITY’S DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN; AND PROVIDING SEVERABILITY, DECLARING AN EMERGENCY
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. 09-F-17, establishing a Drought Contingency and Water Emergency Response Plan (the “Drought
Contingency Plan”) and a Water Conservation Plan; WHEREAS, City Staff recommends certain clarifications to part IX of the Drought Contingency Plan; WHEREAS, in the best interests of
the citizens of the City, the City Council deems it expedient and necessary to amend the Drought Contingency Plan as recommended by City Staff; NOW THEREFORE, BE IT ORDAINED BY THE CITY
OF SCHERTZ, TEXAS: SECTION 1. The City Council hereby amends Ordinance No. 09-F-17 by adopting the amended City of Schertz Drought Contingency and Water Emergency Response Plan attached
hereto as Exhibit A and made part hereof for all purposes, and the same is hereby adopted as the official policy of the City. SECTION 2. All ordinances that are in conflict with the
provisions of this Ordinance, including but not limited to Ordinance No. 09-F-17, 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. Ordinance No. 09-F-17 is hereby ratified to the extent not amended hereby. SECTION 3.
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
Ordn 09-09-F-21.doc -1 -
Ordn 09-F-21.doc -2 -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. Pursuant
to Section 4.09(e) of the City Charter, by vote of not less than two-thirds of the members of the City Council present at the meeting at which this Ordinance was first considered, the
City Council has determined that an emergency exists which requires immediate action, and this Ordinance is hereby adopted on a single reading and shall be effective upon the date hereof
and any publication required by law. PASSED, APPROVED, AND ADOPTED on first and final reading this 23rd day of June, 2009. ____________________________________ Mayor, City of Schertz,
Texas (SEAL OF THE CITY) ATTEST: ________________________________ City Secretary, City of Schertz, Texas
EXHIBIT A Drought Contingency and Water Emergency Response Plan For The City of Schertz Public Water Supply EX A -Drought Contingency Plan.doc
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 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 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. 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 EX A -Drought Contingency Plan.doc 1
health, safety and welfare. The City Manager, or his/her designee, shall have the authority to 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
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. EX A -Drought Contingency
Plan.doc 2
(a) Conforming Golf Course – A golf course with an approved groundwater conservation plan pursuant to Section X of this Plan. (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; EX A -Drought Contingency Plan.doc 3
(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; (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: Watering
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 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 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. EX A -Drought
Contingency Plan.doc 4
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 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 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 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 EX A -Drought Contingency
Plan.doc 5
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: (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 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. EX A -Drought Contingency Plan.doc 6
Section IX: 1. Wasting Water: (a) Year round outdoor watering between 10:00 am – 8:00 pm is prohibited except for the use of a handheld hose or other handheld watering device or a drip
irrigation system which can be used at any time. (b) It shall be a violation if a person or customer allows water to run off into a nonpervious ditch, or fails to repair a controllable
leak. (c) Re-use water usage is exempt from the Plan. (d) Customers using water from a private water well must comply with all requirements of the Plan. (e) All persons are urged not
to waste water. 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 EX A -Drought Contingency Plan.doc 7
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. (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 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 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 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 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 EX A -Drought Contingency Plan.doc 8
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 Wednesday only. (d) 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: EX A -Drought Contingency Plan.doc 9
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-five
percent (25%) reduction in daily water demand. 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) (b) (c) (d) (e) (f) Landscape watering is prohibited except by handheld watering or drip irrigation during designated watering
days as described in Stage 1 & 2. The watering of a golf course is prohibited unless the golf course utilizes a reuse water source. The use of water for construction purposes from designated
fire hydrants under special permit is to be discontinued. The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools are prohibited. 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. 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. EX A -Drought Contingency Plan.doc 10
(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 is necessary to prevent, substantial damage to the foundation or
the structure caused by movement of the foundation. (h ) Athletic field -Conforming 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: 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 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 at the direction of the 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 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 EX A -Drought Contingency Plan.doc 11
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 -25% reduction in the replacement of daily ET rate or daily soil holding capacity, or use of not more than 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 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 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 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. EX A -Drought Contingency Plan.doc 12
(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" 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 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 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 -25% reduction
in the replacement of daily ET rate or daily soil holding capacity, or use of not more than 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 EX A -Drought Contingency Plan.doc 13
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
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. (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 EX A -Drought Contingency Plan.doc
14
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 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 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: $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 is occupied or EX A -Drought Contingency Plan.doc 15
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 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 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%) 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 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. EX A -Drought Contingency Plan.doc 16
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%) 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 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 EX A -Drought Contingency Plan.doc 17
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 this Plan is guilty of a misdemeanor and, upon conviction, shall be punished by a fine 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, 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 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 or before the 14th day following 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 EX A -Drought Contingency Plan.doc 18
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 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). (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. EX A -Drought
Contingency Plan.doc 19
EX A -Drought Contingency Plan.doc 20 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.
Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: June 23, 2009 Department: City Manager Subject: Ordinance No. 09-F-22 -Limited, Non-Exclusive Construction Waste Franchise
Agreement (First Reading) BACKGROUND Consolidated Construction Services, LLC has requested a construction waste franchise agreement with the City to provide construction waste removal
services to its contracted building contractors in the City. FISCAL IMPACT To be determined, when collection rates are agreed to. RECOMMENDATION City Council consideration of request.
ATTACHMENT Ordinance No. 09-F-22. CCM Ordn 09-F-22.doc
ORDINANCE NO. 09-F-22 GRANTING CONSOLIDATED CONSTRUCTION SERVICES, LLC. A LIMITED MUNICIPAL SOLID WASTE COLLECTION AND DISPOSAL FRANCHISE; IMPOSING PROVISIONS AND CONDITIONS RELATING
TO THE EXERCISE OF SAME; AND PROVIDING FOR PENALTIES NOT TO EXCEED $200 FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. WHEREAS,
it is found to be in the public interest and necessary to protect the health and safety of the citizens of Schertz to have an additional limited municipal solid waste collection and
disposal service in the City of Schertz, Texas; and WHEREAS, the City of Schertz (the “FRANCHISER”) has reviewed and is satisfied with the qualifications of Consolidated Construction
Services, LLC (the “FRANCHISEE”); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I. Section 1. SHORT TITLE. This Ordinance shall be known and may be
cited as the Consolidated Construction Services Limited Municipal Solid Waste Collection and Disposal Franchise Ordinance of the City of Schertz, Texas. Section 2. CONSTRUCTION SOLID
WASTE OR CSW. “Construction Solid Waste” or “CSW” is defined as waste, scrap, building materials, or other trash resulting from construction or major remodeling; resulting from a general
cleanup of vacant or improved property just prior to its occupancy; or resulting from sizable amounts of trees, brush, debris, soil, and rocks cleared from property in preparation for
or in connection with construction generated, in all cases, on construction sites within the City of Schertz, Texas (the “City”). Section 3. GRANT OF AUTHORITY a. There is hereby granted
by the City of Schertz (the “FRANCHISER”), to Consolidated Construction Services, LLC, a Texas limited liability company (the “FRANCHISEE”), the right and privilege to operate and maintain
within the City of Schertz a service for the collection and disposal of CSW. The relationship of the FRANCHISEE and the FRANCHISER is purely contractual. No other function or relationship
is implied. b. The right and privilege granted to the FRANCHISEE herein for the purpose set forth shall not be exclusive. Ordn 09-F-22.doc -1-
c. The FRANCHISER hereby grants the FRANCHISEE, under the terms, conditions and consideration of this Ordinance, permission for the occupation or use of the streets, alleys, easements
and public ways within the City for the purpose of collection and disposal of CSW, to the extent necessary to accomplish the object of this Ordinance. The FRANCHISEE has no authority
to conduct any other waste collection or disposal service in the FRANCHISER’s jurisdiction. Section 4. INDEMNIFICATION, INSURANCE AND BONDS. a. The FRANCHISEE shall indemnify and save
harmless the FRANCHISER, and all agents, officers, employees and representatives thereof from and against any and all loss sustained by the FRANCHISER on the account of any suit, judgment,
claim or demand whatsoever, resulting from the negligence on the part of the FRANCHISEE, its agents, or employees in the performance of services under this Ordinance. b. The FRANCHISEE
agrees to carry general liability insurance naming the FRANCHISER as additional insured in the amount of $1,000,000 combined single limit; auto liability naming the FRANCHISER as additional
insured in the amount of $1,000,000 combined single limit, and worker compensation insurance as provided by State law. (1) The policy or policies shall provide by endorsement that it
may only be cancelled or amended by the insurance company after thirty (30) days notice, in writing, to the City Manager. (2) Said policy (or policies) must be approved by the City Attorney.
(3) Said policy (or policies) must be in force before the FRANCHISEE commences service. (4) Either the original policy (or policies) or certified copies must be on file with the FRANCHISER’S
City Secretary. c. The FRANCHISEE shall furnish an annually renewable bond to the FRANCHISER in the amount of $150,000 guaranteeing the faithful performance of obligations of the FRANCHISEE
under terms of this Ordinance, be in force before the FRANCHISEE commences service, and be subject to these requirements: (1) Such bond shall be executed by the FRANCHISEE and and one
or more sureties approved by the City Attorney. (2) Either the bond (or bonds) or certified copies must be on file with the City Secretary for Schertz, Texas. (3) The bond (or bonds)
must provide by endorsement that it cannot be cancelled or amended by the bonding company prior to thirty (30) days notice to the City Manager. Ordn 09-F-22.doc -2-
(4) The bond shall be conditioned that the FRANCHISEE shall well and truly observe, fulfill, and perform each term and condition of this franchise and that in case of any breach of condition
of the bond, the amount thereof shall be recoverable from the principal and surety thereof by the FRANCHISER for all liquidated damages for the failure of the FRANCHISEE to well and
faithfully observe and perform any provision of this Ordinance, and for any amount billed to the FRANCHISEE by the FRANCHISER for the cost of the FRANCHISER's performing or causing to
be performed the FRANCHISEE's obligation, as provided herein. Section 5. QUALITY AND PERFORMANCE STANDARDS. Acceptance of this Ordinance by the FRANCHISEE carries with it expectations
of both efficiency and quality of service. The standards below are considered minimum standards. a. Quality of Service. Customer satisfaction is the ultimate measure of the quality of
service. The FRANCHISEE will make every reasonable effort to insure that its customers are treated with due courtesy and respect. The property of the customers will be treated without
abuse. Informal complaints will be resolved as quickly as possible with the customers receiving the benefit of the doubt.
Formal complaints will be resolved as provided in Section 10. b. Equipment and Maintenance Thereof. All equipment, including motor vehicles and trucks necessary for the FRANCHISEE’s
performance of this Ordinance, shall, on the effective date of the franchise granted by this Ordinance, be in good condition and repair. Stand-by equipment shall always be available.
The trucks and equipment used in collection and disposal of CSW shall be designed and manufactured for the collection of CSW. Said collection vehicles shall be painted and numbered in
letters of a contrasting color on each side of the vehicle and maintained in a mechanically sound and safe condition. All vehicles shall be kept in a clean and sanitary condition and
shall be cleaned inside and outside at least once each week. c. Area of Service and Interruption in Service. (1) The FRANCHISEE will collect CSW from commercial businesses in the City
with which the FRANCHISEE has a contract. The FRANCHISEE shall promptly notify the FRANCHISER in writing of all such contracts. (2) In the event that the collection and disposal of CSW
shall be interrupted by any reason for more than forty-eight (48) hours, the FRANCHISER shall have the right to make temporary independent arrangements for the purpose of continuing
this service to its citizens in order to provide and protect the public health and safety. Costs of the temporary independent arrangements shall be borne by the FRANCHISEE. (3) If the
interruption in service described in the paragraph next above continues for a period of thirty (30) days, the FRANCHISER shall have the right to terminate the rights and privileges granted
in this Ordinance. Ordn 09-F-22.doc -3-
d. Office Hours, Staffing, and Service Logs. (1) The FRANCHISEE shall establish and maintain an office in the State of Texas with telephone service and shall keep said office open for
business from 9:00 A.M. to 5:00 P.M. every day except Saturday, Sunday, and legal national holidays, as a minimum. (2) The office mentioned in sub-paragraph (1) shall be staffed with
sufficient competent personnel to handle calls and inquiries during office hours. A daily log of all service calls, complaints and inquiries taken therein with respect to this Ordinance
shall be maintained by the FRANCHISEE and be available to the FRANCHISER upon request. Section 6. COLLECTION AND DISPOSAL OF CSW. The FRANCHISEE shall remove CSW for contracted customers
and shall have the responsibility for the disposal of all CSW collected under this Ordinance. All of said materials shall be disposed of in compliance with the laws of the State of Texas
and/or the rules, regulations and standards established from time to time by the Federal Government of the United States of America and the Texas Natural Resources Conservation Commission.
Section 7. DURATION OF THE FRANCHISE AND RENEWAL OPTIONS. a. This Ordinance and the rights, privileges, and authority hereby granted shall take effect and be in force from and after
final passage hereof, as provided by law, and shall continue in force and effect until December 31, 2014, provided that, within thirty (30) days after the adoption of this Ordinance,
the FRANCHISEE shall file with the FRANCHISER its unconditional acceptance of this Ordinance and promise to comply with and abide by all of its provisions, terms, and conditions. Such
acceptance and promise in writing shall be duly executed, and sworn to by an authorized official of the FRANCHISEE on behalf of the FRANCHISEE before a notary public or other officer
authorized by law to administer oaths. Failure of the FRANCHISEE to file such acceptance with the FRANCHISER within the required time shall result in the termination of this Ordinance.
b. At the end of the initial term, this Ordinance shall be renewed for an additional period of two (2) years unless either the FRANCHISER or the FRANCHISEE gives written notification
of the termination of this Ordinance to the other ninety (90) days prior to the expiration of the initial term of this Ordinance. Section 8. SEPARABILITY, COMPLIANCE WITH APPLICABLE
LAWS, AND NONCONTESTABILITY BY THE FRANCHISEE. a. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holdings shall not affect the validity of the remaining
portions thereof. b. At all times during the term of this Ordinance, the FRANCHISEE shall be subject to all lawful exercise of the police power by the FRANCHISER and to such reasonable
Ordn 09-F-22.doc -4-
c. The FRANCHISEE, by acceptance of this Ordinance, expressly acknowledges and accepts the right of the FRANCHISER to issue such franchise and further agrees to fully comply with all
appropriate regulations promulgated by any appropriate government agency of competent jurisdiction. Section 9. NON-TRANSFERABILITY OF FRANCHISE RIGHTS. The FRANCHISEE shall not sell,
transfer, or assign its rights under this Ordinance, or substantially all of its assets, to any other person, firm, or corporation without the prior written approval of the City Council
of the FRANCHISER, such approval not to be unreasonably withheld. Section 10. COMPLAINTS AND RESOLUTION. a. Complaints from or by the public or a particular customer must be in writing
and mailed (or presented) to the City Manager or his designated representative for action. b. The FRANCHISEE will pay the FRANCHISER a penalty of not less than $25 nor more than $200
for each customer complaint not satisfactorily resolved. Satisfactory resolution will be determined by by the City Manager. The FRANCHISEE may appeal a ruling by the City Manager to
the City Council of the FRANCHISER, which will make a final determination. The penalty will be added to amounts payable by the FRANCHISEE to the FRANCHISER following the City Manager’s
determination unless appealed by the FRANCHISEE, in which case the City Council will provide further instruction. Twenty-five (25) unresolved complaints will be a basis for contract
review by the City Council for possible franchise termination. Section 11. INVESTIGATION AND PUBLIC HEARING. The City Council shall have full power to examine or cause to be examined
at any time, and at all times, the books, papers and records of the FRANCHISEE with relation to the operation of the CSW collection system within the City. In this connection, the FRANCHISER
shall have the right, through its City Council, to take testimony and compel the attendance of witnesses or the production of books, papers and records and to examine witnesses under
oath and under such such rules and regulations as it may adopt. If any officer, agent, or employee of the FRANCHISEE refuses to give testimony before the City Council, the City Council
shall have the right to terminate this Ordinance. Section 12. NOTICES. Where written notices are provided for in this Ordinance, same shall be sufficient to notify the FRANCHISEE if
mailed by certified mail to the proper address as specified in this Ordinance and shall be sufficient to notify the FRANCHISER if mailed by certified mail to the City Manager, City of
Schertz, 1400 Schertz Parkway, Schertz, Texas 78154. Ordn 09-F-22.doc -5-
Section 13. SERVICE RATES. Rates for services provided by the FRANCHISEE under this Ordinance are contained in Exhibit A. Rates will remain in effect until changes are approved by the
City Council. The FRANCHISEE shall have the option of requesting a change in service rates pursuant to Section 11.06 of the City Charter, prior to the second year, and every year thereafter,
if this Ordinance is renewed. Section 14. BILLING, COLLECTION AND PAYMENT. a. The FRANCHISEE shall provide written notice to the FRANCHISER of all services provided each month by the
FRANCHISEE hereunder on or before the 10th day of the next month. Based on such report, the billing and collection of the charges levied for all of the FRANCHISEE’s CSW services under
this Ordinance shall be done monthly by the Utilities Department of the FRANCHISER, and all such fees shall be payable by the FRANCHISER’s customers at the Municipal Offices of the FRANCHISER.
If charges are not paid on or before the due date, the FRANCHISER shall assess a ten percent (10%) penalty for delinquency and collection expenses. The FRANCHISEE shall not directly
bill any customer for services provided by the FRANCHISEE pursuant to this Agreement. b. The FRANCHISEE shall be paid by the FRANCHISER at the rate of eighty-five percent (85%) of amount
collected, excluding penalties, for each customer served for which billing is made by the FRANCHISER. The FRANCHISEE shall be paid what is due within ten (10) days after closing date
of each billing period. Section 15. PUBLICATION COSTS. The FRANCHISEE agrees to pay the cost of publication of this Ordinance required by the City Charter, and such is payable upon the
FRANCHISEE's filing of its acceptance of this Ordinance as described in Section 7a. Section 16. PENALTIES . a. Any person, association, organization, company, or corporation who shall
perform franchise services described in this Ordinance, without authority of a duly awarded franchise and payment of consideration, shall be cited by the appropriate agency of the FRANCHISER,
and shall be subject to a penalty not to exceed two hundred dollars ($200) for each and every day such a service is unlawfully performed. b. Any person, employee, association, organization,
company, or corporation, upon being named the FRANCHISEE and awarded a franchise under this Ordinance, who fails to provide the services described in this Ordinance, shall be cited by
the appropriate agency of the FRANCHISER, and is subject to a fine of two hundred dollars ($200) for each and every day such service is not performed. c. Any person, association, organization,
company, or corporation, upon being named the FRANCHISEE and awarded a franchise under this Ordinance, who fails to comply with the service standards described in this Ordinance shall
be cited by the appropriate Ordn 09-F-22.doc -6-
agency of the FRANCHISER, and is subject to a fine of one hundred dollars ($100) for each and every failure to comply with service standards described in this Ordinance. II. Any City
of Schertz ordinance and parts of ordinances in conflict with this Ordinance are hereby repealed. III. PASSED ON FIRST READING, the _____ day of __________, 2009. PASSED, APPROVED, AND
ADOPTED ON SECOND READING the ____ day of __________, 2009. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz, Texas (Seal of City) Ordn 09-F-22.doc -7-
Ordn 09-F-22.doc -8-ACCEPTED: CONSOLIDATED CONSTRUCTION SERVICES, LLC, AS FRANCHISEE By: Title: Notice Address: Consolidated Construction Services, LLC 10709 Goodnight Lane Dallas, TX
75220 Attention: ______________ State of Texas County of _____________ This instrument was acknowledged on __________ ___, 2009 by ________________, ________________ of Consolidated
Construction Services, LLC, a limited liability company, on behalf of such company. (NOTARY SEAL) Notary Public Commission Expires
EXHIBIT A CSW SERVICE RATES Ordn 09-F-22.doc A-1
Agenda No. 10 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: June 23, 2009 Department: Parks, Recreation and Community Services Subject: Landscaping -Discussion and consideration
authorizing funds to install landscaping at the new library, visitor’s center and Schertz Parkway from the Tree Mitigation Fund in an amount not to exceed $69,000. BACKGROUND The City
of Schertz Department of Parks Recreation and Community Services are requesting the City Council approve a Resolution authorizing funds for the installation of landscaping from the Tree
Mitigation Fund 317, for landscaping to be completed at The Schertz Public Library, The Visitors Center and Schertz Parkway. Bids will be received from local contractors in the coming
week and will not need council approval. FISCAL IMPACT: Schertz Public Library: Landscaping: $ 50,000.00 Schertz Visitors Center: Landscaping: $ 10,000.00 Schertz Parkway Islands: Landscaping
$ 4,000.00 Bedding Mulch for three projects above Landscaping Mulch $ 5,000.00 Total Landscaping: $ 69,000.00 Tree Mitigation Fund Balance as of 5-31-09: $211,213.55 Landscaping Project:
<$69,000> Remaining Tree Mitigation Fund 317 Balance: $142,213.55 RECOMMENDATION City staff recommends approval. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above
stated staff recommendations are hereby approved and authorized. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 23rd day of June, 2009,
at which meeting a quorum was present, held in accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq.
City Council Memorandum Page 2 APPROVED _________________________ Hal Baldwin, Mayor ATTEST: __________________________ Brenda Dennis, City Secretary
Agenda No. 11 CITY COUNCIL MEMORANDUM City Council Meeting: June 23, 2009 Department: City Council Subject: Boards and Commissions Appointments/reappointments BACKGROUND The City Council
will consider action regarding the appointment of boards and commission members to the Library Board. FISCAL IMPACT None RECOMMENDATION It is recommended that the City Council make appointments
from the submitted applications. ATTACHMENTS Applications: Sonja Samora Darlene Price