City Council Meeting Agenda with attachments, 4-7-15

Transcription

CITY OF KYLE
Notice of Regular City Council Meeting
KYLE CITY HALL
100 W. Center Street
Notice is hereby given that the governing body of the City of
Kyle, Texas will meet at 7:00 PM on 4/7/2015, at Kyle City
Hall, 100 West Center Street, Kyle, Texas for the purpose of
discussing the following agenda.
Posted this 3rd day of April, 2015 prior to 7:00 p.m.
I.
II.
Call Meeting To Order
Approval of Minutes
1. City Council Regular Meeting - March 17, 2015 ~ Amelia Sanchez, City Secretary
Attachments
III. Citizen Comment Period With City Council
The City Council welcomes comments from Citizens early in the agenda of
regular meetings. Those wishing to speak are encouraged to sign in before the
meeting begins. Speakers may be provided with an opportunity to speak during
this time period on any agenda item or any other matter concerning city business,
and they must observe the three-minute time limit.
IV. Consent Agenda
2. (Second Reading) An ordinance granting Frederick Smith dba S&S TRANSPORT
a franchise to provide non-emergency shuttle services within the boundaries of the
City of Kyle, Texas; providing an agreement prescribing conditions, terms, and
regulations governing the operation of the non-emergency shuttle services;
providing penalties for noncompliance with franchise. ~ Jerry Hendrix, Chief of
Staff
Attachments
3. (Second Reading) An ordinance suspending the implementation of the interim rate
adjustment by TEXAS GAS SERVICE COMPANY under Section 1.04.301 of the
Texas Utilities Code within the City of Kyle, Texas, pending hearing and
discussion by the City Council. ~ Jerry Hendrix, Chief of Staff
Attachments
4. (First Reading) Approve an Ordinance amending the City's Approved Budget for
Fiscal Year 2014-15 by increasing total appropriations for expenditures by
$16,629.13; General Fund by $9,529.13 and the Hotel Occupancy Fund by
$7,100.00 and decreasing fund balance by the same amounts in the respective
Funds. ~ Perwez A. Moheet, CPA, Director of Finance
Attachments
5. Approve a professional services agreement with SPARKS ENGINEERING, INC.,
Round Rock, Texas, in an amount not to exceed $4,600.00 to complete an initial
structural assessment of the Kyle Historic Water Tower & Storage Tank. ~ Jerry
Hendrix, Chief of Staff
Attachments
6. Declare all IT computer equipment as identified and listed herewith to be surplus
city owned property and authorize the sale of said surplus city property as listed to
the highest bidder by auction on GovDeals, an internet-based auction marketplace.
~ Robert Olvera, IT Administrator
Attachments
7. Approve a resolution accepting Bunton Creek Subdivision Phase 1B
improvements. - Leon Barba, P.E., City Engineer
Attachments
8. Approve contract Task Order No. 2 to NEPTUNE-WILKINSON ASSOCIATES,
INC., Austin, Texas, in an amount not to exceed $20,000.00 for the purpose of
providing engineering services for the Moreno Street Wastewater Improvements. Leon Barba, P.E., City Engineer
Attachments
9. Approve Contract Amendments No. 3 and No. 4 with ESPEY CONSULTANTS,
INC. dba RPS, Austin, Texas, in an amount not to exceed $226,922.00 for the
purpose of providing additional professional engineering services for design
changes, bid and award phase, construction phase and materials testing to the
Southside Wastewater Improvements Project. - Leon Barba, P.E., City Engineer.
Attachments
10. Approve a resolution authorizing the negotiation of an agreement with CIVIL
ENGINEERING CONSULTANTS (CEC) to provide consulting services to
provide a comprehensive street pavement evaluation and assessment; providing
that the meeting at which this resolution was passed is open to the public in
compliance with the Open Meetings Act; providing an effective date; making
findings of fact; and providing for related matters herein. ~ Leon Barba, P.E., City
Engineer
Attachments
V.
Consider and Possible Action
11. Consider a request by Circus Aguilar on behalf of Edward R. Coleman for a
Conditional Use Permit to hold a Circus open to the public from May 14th - May
18th, 2015 on property located at 24801 IH-35 (Central Texas Speedway). CUP15-002 ~ Debbie A.Guerra, Planning Technician
Planning and Zoning Commission voted 6-0 to approve the conditional use permit.
PUBLIC HEARING
Attachments
12. (First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle,
Texas, for the purpose of rezoning Lot 15 of Kyle Industrial Park (approximately
0.792 acres) from Commercial-2 "C-2" to Warehouse "W" and to assign original
zoning to Lot 16 (approximately 1.175 acres) and Lot 17 (approximately 1.05) of
Kyle Industrial Park from Agriculture "AG" to Warehouse "W", on property
located on Kyle Crossing and south of Kohler's Crossing, in Hays County, Texas.
(Joe and Katherine Torres, Z-14-020). ~ Debbie A. Guerra, Planning Technician
Planning and Zoning Commission voted 6-0 to approve the request.
PUBLIC HEARING
Attachments
13. Authorize an expenditure from the Hotel Occupancy Tax Fund in an amount not to
exceed $2,500 to fund in-kind contributions in support of the Cinco de Mayo
Fiesta scheduled for May 2, 2015, as requested by Hays Fiesta, Sylvia Gallo. ~
Jerry Hendrix, Chief of Staff
Attachments
VI.
Council Requested Agenda Items
14. Update on Granicus. ~ Jerry Hendrix, Chief of Staff
Attachments
15. Discussion and possible action of City Council approved travel for council
members. ~ Todd Webster, Mayor
Attachments
16. Discussion and possible action regarding requesting the Charter Review
Commission to review certain provisions and sections of the Charter ~ Mayor
Todd Webster
Attachments
VII. City Managers Report
17. Update on various capital improvement projects, road projects, building program,
and/or general operational activities. ~ J. Scott Sellers, City Manager
Budget retreat update
Letter of support for FM 1626 widening
Attachments
VIII. General Discussion
18. Discussion only regarding council requests for future agenda items.
Attachments
IX.
Executive Session
19. Pursuant to Chapter 551, Texas Government Code, the City Council reserves the
right to convene in Executive Session(s) from time to time as deemed necessary
during this meeting. The City Council may convene into Executive Session to
discuss any or all of the following topics.
1. Pending or contemplated litigation or to seek the advice of the City Attorney
pursuant to Section 551.071
Properties not maintained by HOA's
Contract negotiation with other entity for utility services
Possible amendment to development agreement with utility district
2. Possible purchase, exchange, lease, or value of real estate pursuant to Section
551.072.
Regarding properties within the ETJ
Acquisition of ROW
3. Personnel matters pursuant to Section 551.074.
4. Economic development negotiations pursuant to Section 551.087.
Incentives for Economic Development prospects
Attachments
20. Take action on items discussed in Executive Session.
Attachments
X.
ADJOURN
At any time during the Regular City Council Meeting, the City
Council may adjourn into an Executive Session, as needed, on
any item listed on the agenda for which state law authorizes
Executive Session to be held
*Per Texas Attorney General Opinion No. JC-0169; Open
Meeting & Agenda Requirements, Dated January 24, 2000: The
permissible responses to a general member communication at the
meeting are limited by 551.042, as follows: "SEC.551.042.
Inquiry Made at Meeting. (a) If, at a meeting of a government
body, a member of the public or of the governmental body
inquires about a subject for which notice has not been given as
required by the subchapter, the notice provisions of this
subchapter, do not apply to:(1) a statement of specific factual
information given in response to the inquiry; or (2) a recitation of
existing policy in response to the inquiry. (b) Any deliberation of
or decision about the subject of the inquiry shall be limited to a
proposal to place the subject on the agenda for a subsequent
meeting.
CITY OF KYLE, TEXAS
Meeting Date: 4/7/2015
Date time: 7:00 PM
Approval of minutes
Subject/Recommendation:
City Council Regular Meeting - March 17, 2015 ~ Amelia Sanchez,
City Secretary
Other Information:
Legal Notes:
Budget Information:
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Attachments / click to download
City Council Regular Meeting - March 17, 2015
Cover Memo
The City Council of the City of Kyle, Texas met in Regular Session on March 17, 2015, at 7:00
p.m. at Kyle City Hall, with the following persons present:
Mayor Todd Webster
Mayor Pro Tem Diane Hervol
Council Member Becky Selbera
Council Member Tammy Swaton
Council Member Shane Arabie
Council Member David Wilson
City Manager Scott Sellers
James Earp, Assistant City Manager
Frank Garzz, City Attorney
Perwez Moheet, Finance Director
Jerry Hendrix, Chief of Staff
Kerry Urbanowicz, Parks Director
Leon Barba, City Engineer
Harper Wilder, Director of Public Works
Chief Jeff Barnett, Kyle PD
Debbie Scott
CALL MEETING TO ORDER
Mayor Webster called the meeting to order at 7:00 p.m.
ROLL CALL
Mayor Webster called for roll call. Present were Mayor Webster, Mayor Pro Tem Hervol, Council
Member Selbera, Council Member Swaton, Council Member Arabie, Council Member Wilson.
Mayor Webster stated that Council Member Bellows and Honorary Member Collins would not be
in attendance.
APPROVAL OF MINUTES
CITY COUNCIL REGULAR MEETING - MARCH 3, 2015 ~ AMELIA SANCHEZ, CITY
SECRETARY
Mayor Pro Tem Hervol moved to approve the minutes of the City Council Regular Meeting of
March 3, 2015. Council Member Arabie seconds the motion. All aye. Motion carried 6-0.
CITIZEN COMMENT PERIOD WITH CITY COUNCIL
THE CITY COUNCIL WELCOMES COMMENTS FROM CITIZENS EARLY IN THE
AGENDA OF REGULAR MEETINGS. THOSE WISHING TO SPEAK MUST SIGN IN
BEFORE THE MEETING BEGINS AT THE KYLE CITY HALL. SPEAKERS MAY BE
PROVIDED WITH AN OPPORTUNITY TO SPEAK DURING THIS TIME PERIOD, AND
THEY MUST OBSERVE THE THREE-MINUTE TIME LIMIT.
CITY COUNCIL REGULAR MEETING
March 17, 2015 – Page 2
Kyle City Hall
Mayor Webster opened the Citizens Comments at 7:01 p.m. Debbie Scott spoke and stated she
had concerns with the new height allowance for buildings regarding light pollution in the
neighborhoods and asked Council to promote light pollution measures. She stated she had an
ordinance to share on light pollution that she got from Drippings for Council to review. With no
one else wishing to speak Mayor Webster closed staff and that Citizens Comments at 7:03 p.m.
PRESENTATION

UPDATE ON DOWNTOWN WATER AND SEWER IMPROVEMENTS

DISCUSS ROAD REPAIRS INCLUDING BUNTON AND LEHMAN ROADS. ~
HARPER WILDER, DIRECTOR OF PUBLIC WORKS
Harper Wilder, Director of Public Works, provided a presentation on proposed road repairs on
Bunton and Lehman Roads and an update on the downtown water and wastewater improvements.
CONSENT AGENDA
(SECOND READING) AN ORDINANCE AMENDING CHAPTER 53, ARTICLE VI, SEC. 531047 (AUTHORIZED CONDITIONAL USES) OF THE CODE OF ORDINANCES OF THE
CITY OF KYLE, TEXAS, BY ADDING AS AN AUTHORIZED CONDITIONAL USE
BUILDINGS WITH A HEIGHT OF UP TO ONE HUNDRED FIFTY FEET (150’) IN THE RS
DISTRICT. ~ JAMES R. EARP, ASSISTANT CITY MANAGER
(SECOND READING) AN ORDINANCE OF THE CITY OF KYLE, TEXAS, AMENDING
ORDINANCE NO. 820 ADOPTED ON SEPTEMBER 3, 2014, MAKING APPROPRIATIONS
FOR THE SUPPORT OF THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2014, AND ENDING SEPTEMBER 30, 2015, BY INCREASING THE TOTAL AMOUNT OF
APPROPRIATIONS FOR EXPENDITURES BY $69,890.00: GENERAL FUND BY $9,490.00,
UTILITY FUND BY $50,000.00, PARK DEVELOPMENT FUND BY $3,600.00, AND THE
COURT SPECIAL REVENUE FUND BY $6,800.00; DECREASING THE FUND BALANCE
BY THE SAME AMOUNTS IN THE RESPECTIVE FUNDS. ~ PERWEZ A. MOHEET, CPA,
DIRECTOR FINANCE
APPROVE AN AGREEMENT WITH MUNISERVICES, LLC, FRESNO, CA TO CONDUCT
AUDIT OF SALES TAX COLLECTIONS FOR THE CITY OF KYLE FOR A 1-YEAR
CONTRACT TERM WITH AN OPTION TO RENEW FOR UP TO TWO ADDITIONAL
YEARS. ~ PERWEZ A. MOHEET, CPA, DIRECTOR OF FINANCE
March 17, 2015 – Page 3
Kyle City Hall
APPROVE ADOPTION OF AN INVESTMENT POLICY FOR THE CITY OF KYLE'S
OTHER POST-EMPLOYMENT BENEFIT TRUST FUND. ~ PERWEZ A. MOHEET, CPA,
DIRECTOR OF FINANCE
DECLARE ALL POLICE RADIO EQUIPMENT AS IDENTIFIED AND LISTED HEREWITH
TO BE SURPLUS CITY OWNED PROPERTY AND AUTHORIZE THE SALE OF SAID
SURPLUS CITY PROPERTY AS LISTED TO THE HIGHEST BIDDER BY AUCTION ON
GOVDEALS, AN INTERNET-BASED AUCTION MARKETPLACE. ~ JEFF BARNETT,
CHIEF OF POLICE
Mayor Pro Tem Hervol moved to approve Consent Agenda items # 3 ~ (Second Reading) An
ordinance amending chapter 53, Article VI, sec. 53-1047 (authorized conditional uses) of the
Code of Ordinances of the City of Kyle, Texas, by adding as an authorized conditional use
buildings with a height of up to one hundred fifty feet (150’) in the RS district; #4 ~ (Second
Reading) An ordinance of the City of Kyle, Texas, amending Ordinance No. 820 adopted on
September 3, 2014, making appropriations for the support of the City for the fiscal year
beginning October 1, 2014, and ending September 30, 2015, by increasing the total amount of
appropriations for expenditures by $69,890.00: General Fund by $9,490.00, Utility Fund by
$50,000.00, Park Development Fund by $3,600.00, and the Court Special Revenue Fund by
$6,800.00; decreasing the Fund Balance by the same amounts in the respective funds; #5 ~
Approve an agreement with MUNISERVICES, LLC, Fresno, CA to conduct audit of sales tax
collections for the City of Kyle for a 1-year contract term with an option to renew for up to two
additional years; #6 ~ Approve adoption of an investment policy for the City of Kyle's Other
Post-Employment Benefit Trust Fund; #7 ~ Declare all police radio equipment as identified and
listed herewith to be surplus city owned property and authorize the sale of said surplus city
property as listed to the highest bidder by auction on GovDeals, an Internet-based auction
marketplace. Council Member Swaton seconds the motion. All aye. Motion carried 6-0.
CONSIDER AND POSSIBLE ACTION
DISCUSS AND POSSIBLE APPROVAL FOR RENEWAL AND A 3-YEAR EXTENSION
THROUGH AUGUST 31, 2017 OF THE INTERLOCAL AGREEMENT BETWEEN CITY OF
KYLE AND ELEVEN OTHER ENTITIES FOR THE IMPLEMENTATION OF THE PLUM
CREEK WATERSHED PROTECTION PLAN. ~ J. SCOTT SELLERS, CITY MANAGER
Nick Dornak provided an update of Plum Creek Watershed Protection Project.
Mayor Pro Tem Hervol moved to approve renewal and a 3-year extension through August 31,
2017 of the Interlocal Agreement between City of Kyle and eleven other entities for the
implementation of the Plum Creek Watershed Protection Plan. Council Member Selbera seconds
the motion. All aye. Motion carried 6-0.
March 17, 2015 – Page 4
Kyle City Hall
CONSIDER A REQUEST FROM MR. CHRIS ESPIRITU TO WAIVE THE PERIMETER
ROAD FEE FOR THE PROPOSED SUBDIVISION OF 402 OLD STAGECOACH ROAD
(SECTION 41-137 (P)). - LEON BARBA, P.E., CITY ENGINEER
After discussion Mr. Espiritu withdrew his request to allow staff time to rework the fee schedule.
Council Member Wilson moved to table a request from Mr. Chris Espiritu to waive the perimeter
road fee for the proposed subdivision of 402 Old Stagecoach Road. Mayor Pro Tem Hervol
seconds the motion. All aye. Motion carried 6-0.
(FIRST READING) AN ORDINANCE GRANTING FREDERICK SMITH DBA S&S
TRANSPORT A FRANCHISE TO PROVIDE NON-EMERGENCY AMBULANCE SERVICES
WITHIN THE BOUNDARIES OF THE CITY OF KYLE, TEXAS; PROVIDING AN
AGREEMENT PRESCRIBING CONDITIONS, TERMS, AND REGULATIONS GOVERNING
THE OPERATION OF THE NON-EMERGENCY AMBULANCE SERVICES; PROVIDING
PENALTIES FOR NONCOMPLIANCE WITH FRANCHISE. ~ JERRY HENDRIX, CHIEF OF
STAFF
Mayor Pro Tem Hervol moved to approve (First Reading) An ordinance granting Frederick
Smith dba S&S TRANSPORT a franchise with the change from ambulance to non-emergency
shuttle services to provide non-emergency shuttle services within the boundaries of the City of
Kyle, Texas. Council Member Arabie seconds the motion. All aye. Motion carried 6-0.
APPROVE A CONTRACT WITH SPAWGLASS CONTRACTORS, INC., IN AN AMOUNT
NOT TO EXCEED $343,499.00 FOR THE INTERIOR BUILD-OUT IN PHASE 3 OF THE
HISTORIC TRAIN DEPOT RESTORATION PROJECT AND DIRECT THE CITY MANAGER
TO BRING FORWARD A BUDGET AMENDMENT IN THE AMOUNT OF $9,529.13 AT A
FUTURE DATE IN ORDER TO PROVIDE FULL FUNDING FOR THE CONTRACT
AWARD. ~ JERRY HENDRIX, CHIEF OF STAFF
Mayor Pro Tem Hervol moved to approve a contract with SPAWGLASS CONTRACTORS, INC.,
in an amount not to exceed $343,499.00 for the interior build-out in Phase 3 of the Historic Train
Depot Restoration project and direct the City Manager to bring forward a budget amendment in
the amount of $9,529.13 at a future date in order to provide full funding for the contract award.
Council Member Wilson seconds the motion. All aye. With Council Member Selbera off the dais,
motion carried 5-0.
CONSIDER AUTHORIZING THE CITY’S DIRECTOR OF FINANCE TO INITIATE
PROCESS, PREPARE DOCUMENTS, AND COORDINATE ALL APPROPRIATE STEPS
NECESSARY FOR THE REFUNDING OF APPROXIMATELY $6,825,000 IN
CERTIFICATES OF OBLIGATIONS, SERIES 2007 AND APPROXIMATELY $6,280,000 IN
March 17, 2015 – Page 5
Kyle City Hall
OUTSTANDING CERTIFICATES OF OBLIGATIONS, SERIES 2008 BY JUNE 30, 2015 IN
ORDER TO ACHIEVE APPROXIMATELY $802,300 IN ESTIMATED INTEREST COST
SAVINGS FOR THE CITY OF KYLE. ~ PERWEZ A. MOHEET, CPA, DIRECTOR OF
FINANCE
Mayor Pro Tem Hervol moved to approve and authorize the City’s Director of Finance to initiate
process, prepare documents, and coordinate all appropriate steps necessary for the refunding of
approximately $6,825,000 in Certificates of Obligations, Series 2007 and approximately
$6,280,000 in outstanding Certificates of Obligations, Series 2008 by June 30, 2015 in order to
achieve approximately $802,300 in estimated interest cost savings for the City of Kyle. Council
Member Swaton seconds the motion. All aye. Motion carried 6-0.
CONSIDER AUTHORIZING THE CITY’S DIRECTOR OF FINANCE TO INITIATE
PROCESS, PREPARE DOCUMENTS, AND COORDINATE ALL APPROPRIATE STEPS
NECESSARY FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 2015
BY JUNE 30, 2015 IN THE AMOUNT OF $30,480,000.00 IN ORDER TO PROVIDE
FUNDING FOR CONSTRUCTION AND RELATED COSTS INCLUDING BOND ISSUANCE
COSTS FOR THE FIVE ROADWAY PROJECTS CONSISTING OF BUNTON CREEK ROAD,
NORTH BURLESON STREET, GOFORTH ROAD, LEHMAN ROAD, AND MARKETPLACE
AVENUE AS AUTHORIZED BY THE VOTERS OF KYLE, TEXAS ON MAY 11, 2013.
PERWEZ A. MOHEET, CPA, DIRECTOR OF FINANCE
Mayor Pro Tem Hervol moved to approve the City’s Director of Finance to initiate process, prepare
documents, and coordinate all appropriate steps necessary for the issuance of General Obligation
Bonds, Series 2015 by June 30, 2015 in the amount of $30,480,000.00 in order to provide funding
for construction and related costs including bond issuance costs for the five roadway projects
consisting of Bunton Creek Road, North Burleson Street, Goforth Road, Lehman Road, and
Marketplace Avenue as authorized by the voters of Kyle, Texas on May 11, 2013. Council
Member Selbera seconds the motion. All aye. Motion carried 6-0.
DISCUSSION AND POSSIBLE ACTION APPROVING CONTINUED RETENTION OF
DAVIDSON, TROILO, REAM, & GARZA, P.C., to perform legal services as the CITY
ATTORNEY ON AN AS NEEDED BASIS. ~ J. SCOTT SELLERS, CITY MANAGER
Council Member Wilson moved to approve continued retention of DAVIDSON, TROILO,
REAM, & GARZA, P.C., to perform legal services as the City Attorney on an as needed basis.
Mayor Pro Tem Hervol seconds the motion. All aye. Motion carried 6-0.
AN ORDINANCE SUSPENDING THE IMPLEMENTATION OF THE INTERIM RATE
ADJUSTMENT BY TEXAS GAS SERVICE COMPANY UNDER SECTION 1.04.301 OF THE
TEXAS UTILITIES CODE WITHIN THE CITY OF KYLE, TEXAS, PENDING HEARING
AND DISCUSSION BY THE CITY COUNCIL. ~ JERRY HENDRIX, CHIEF OF STAFF
March 17, 2015 – Page 6
Kyle City Hall
Council Member Wilson moved to approve an ordinance suspending the implementation of the
interim rate adjustment by TEXAS GAS SERVICE COMPANY under Section 1.04.301 of the
Texas Utilities Code within the City of Kyle, Texas, pending hearing and discussion by the City
Council. Mayor Pro Tem Hervol seconds the motion. All aye. Motion carried 6-0.
COUNCIL REQUESTED AGENDA ITEMS
DISCUSS AND TAKE POSSIBLE ACTION REGARDING SITE DEVELOPMENT PLANS
UNDER CHAPTER 32 AND CONCEPT PLAN PACKAGES UNDER CHAPTER 41, CODE
OF ORDINANCES. ~ SHANE ARABIE, TAMMY SWATON, COUNCIL MEMBERS
No action taken.
CITY MANAGERS REPORT
UPDATE ON VARIOUS CAPITAL IMPROVEMENT PROJECTS, ROAD PROJECTS,
BUILDING PROGRAM, AND/OR GENERAL OPERATIONAL ACTIVITIES ~ J. SCOTT
SELLERS, CITY MANAGER
City Manager Scott Sellers discussed an ordinance that is currently being worked on regarding all
boards and commission, the ethics ordinance being updated, and the date and time for the City
Council retreat, as well as a reminder about the Charter Committee meeting the next evening.
GENERAL DISCUSSION
DISCUSSION ONLY REGARDING COUNCIL REQUESTS FOR FUTURE AGENDA
ITEMS
Mayor Pro Tem Hervol asked for an update on Granicus at the next meeting.
ADJOURN
With no further business to discuss, Mayor Pro Tem Hervol moves to adjourn. Council Member
Selbera seconds the motion. All votes aye. Motion carried 6-0.
The City Council meeting adjourned at 9:46 p.m.
_______________________
R. Todd Webster, Mayor
__________________________
Amelia Sanchez, City Secretary
CITY OF KYLE, TEXAS
(2nd Reading) Ordinance granting a
franchise to F. Smith d/b/a S&S
Transport
Date time: 7:00 PM
(Second Reading) An ordinance granting Frederick Smith dba S&S
TRANSPORT a franchise to provide non-emergency shuttle services
within the boundaries of the City of Kyle, Texas; providing an
agreement prescribing conditions, terms, and regulations governing the
operation of the non-emergency shuttle services; providing penalties
for noncompliance with franchise. ~ Jerry Hendrix, Chief of Staff
Other Information:
This is the standard franchise agreement for non-emergency medical
transport in the City City Limits.
Legal Notes:
Budget Information:
S&S Transport Franchise Agreement
Cover Memo
AN ORDINANCE GRANTING FREDERICK SMITH, D/B/A S & S
TRANSPORT,
A
FRANCHISE
TO
PROVIDE
NONEMERGENCY AND ROLLOVER EMERGENCY AMBULANCE
SERVICES WITHIN THE BOUNDARIES OF THE CITY OF
KYLE, TEXAS; PROVIDING AN AGREEMENT PRESCRIBING
CONDITIONS, TERMS, AND REGULATIONS GOVERNING
THE
OPERATION
OF
THE
NONEMERGENCY
AMBULANCE SERVICES; PROVIDING PENALTIES FOR
NONCOMPLIANCE WITH FRANCHISE; PROVIDING FOR
CODIFICATION;
PROVIDING
FOR
SEVERABILITY;
PROVIDING FOR PUBLIC NOTICE PURSUANT TO THE
OPEN MEETINGS ACT; ESTABLISHING AN EFFECTIVE
DATE; AND MAKING SUCH OTHER FINDINGS AND
PROVISIONS RELATED HERETO.
RECITALS
WHEREAS, Article XI of the City’s charter gives the City council the power to grant by
ordinance a non-exclusive franchise of all providers of public services, including ambulance
services, for an effective period not to exceed ten (10) years; and,
WHEREAS, except as specifically authorized and provided otherwise by state law, the
City’s charter mandates that no provider of ambulance services shall provide any service within
the City requiring the use or occupancy of any street, public right-of-way, or property without
the City council’s determination to grant a franchise or permit the use of such City facilities; and,
WHEREAS, the City’s charter provides that all grants of franchise as authorized in the
charter shall be subject to the right of the city council to impose regulations and restrictions on
the franchise as enumerated in Sec. 11.06 of the charter as may be deemed desirable or
conducive to the health, safety, welfare and accommodation of the public; and,
WHEREAS, this ordinance shall be passed only on two readings held after a public
hearing for which ten (10) days’ notice is given; and,
WHEREAS, Frederick Smith D/B/A S & S Transport (“S & S”), has requested and
desires to be granted a franchise from the City of Kyle for the purpose of providing nonemergency and roll-over emergency ambulance services originating or terminating within the
boundaries of the City of Kyle or outside the boundaries of Kyle with a destination within the
City of Kyle;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KYLE, TEXAS, THAT:
Section 1. Findings. The above foregoing recitals are hereby found to be true and correct
and are incorporated herein as findings of fact.
1
Section 2. Franchise granted; scope and purpose. A non-exclusive franchise is hereby
granted vis-à-vis this ordinance to Frederick Smith d/b/a S & S Transport (“S & S”) to operate
Non-Emergency and Emergency Rollover Ambulance Services as described herein originating
within the service area of S & S that is located in the City limits and extraterritorial
jurisdiction of the City of Kyle, Texas (hereinafter the “City”) or origination outside of the City
limits and extraterritorial jurisdiction of the City of Kyle, Texas with a destination within such
area. S & S may use and occupy the City’s streets, avenues, alleys and any and all public
property belonging to or under the control of the City for the purpose of operating its NonEmergency Ambulance Services as described herein.
Section 3. Franchise recognized as a contract. In accordance with Article XI of the
City’s charter, the franchise being granted by this ordinance is recognized as a contract
(“Agreement”) between the City and S & S, and the contractual rights as contained herein
shall not be impaired by the provisions of Article XI. The terms and conditions set forth in the
Agreement, which is attached hereto as EXHIBIT “A” and incorporated herein by reference,
shall govern and regulate the operation by S & S of its Non-Emergency Ambulance Services as
described herein.
Section 4. Codification. This ordinance shall be codified in the City of Kyle Code of
Ordinances at Appendix B, FRANCHISES.
Section 5. Conflict. Any and all ordinances, and parts thereof, that are in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, or other
portion of this ordinance is, for any reason, declared invalid, in whole or in part, by any court,
agency, commission, legislative body, or other authority of competent jurisdiction, such portion
will be deemed a separate, distinct, and independent portion. Such declaration will not
affect the validity of the remaining portions hereof, which other portions will continue in full
force and effect. In the event of a subsequent change in applicable law so that the provision
which had been held invalid is no longer invalid, said provision will thereupon return to full
force and effect without further action by the City and will thereafter be binding on S & S and the
City.
Section 7. Open Meetings. It is hereby officially found and determined that the meeting
at which this ordinance is passed was open to the public as required and that public notice of the
time, place, and purpose of said meeting was given as required by the Open Meetings Act, Ch.
551, Local Gov’t Code.
Section 8. Effective Date. This Ordinance shall be in full force and take effect from and
after the date of its final passage and publication as required by law.
PASSED AND APPROVED on First Reading the
AND ADOPTED on Second Reading the
day of March, 2015. PASSED
day of
2
, 2015.
THE CITY OF KYLE, TEXAS
By:
ATTEST:
APPROVED AS TO FORM:
Frank Garza, City Attorney
3
EXHIBIT “A”
FREDERICK SMITH, D/B/A S & S TRANSPORT
FRANCHISE AGREEMENT
THIS AGREEMENT is made and entered into by and between the CITY OF KYLE,
TEXAS, a home rule city and political subdivision of the State of Texas (“City”) and
FREDERICK SMITH DBA S & S TRANSPORT (“S & S”).
RECITALS
WHEREAS, S & S agrees to provide Non-Emergency and roll-over emergency
Ambulance Services in the City pursuant to this Agreement; warrants that it holds all required
permits for the required services; has all the necessary emergency vehicle permits issued by the
State of Texas; and employs emergency medical technicians who are duly licensed by the Health
District to perform Non-Emergency Ambulance Services; and
WHEREAS, the City hereby finds and determines that S & S is able to own and
operate suitable certified equipment and employ qualified, licensed personnel in connection with
its Ambulance Services as defined herein; and,
WHEREAS, the City’s charter incorporates that an agreement be entered into between
the City and a franchisee;
NOW THEREFORE, the City of Kyle and S & S mutually agree as follows:
Section 1 Definitions
The following definitions shall apply in the interpretation and enforcement of this Agreement
and in compliance with the ordinance:
Ambulance. Any privately or publicly owned motor vehicle that is specially designed,
constructed, or modified and equipped; and is intended to be used for and is maintained
or operated, for the transportation, on the streets or highways of this state; of persons who
are sick, injured, wounded, or otherwise incapacitated or helpless.
Non-Emergency Ambulance Operator. A person with personnel and equipment in the
business of transporting patients not in need of immediate medical treatment between
various locations.
Non-Emergency Ambulance Operator Franchise. A franchise granted to a person with
personnel trained at the Emergency Medical Technician (EMT) level and certified by
NCOEMS. This franchise is to transport patients between health care facilities and other
locations in non-emergent situations within Hays County. The use of warning lights and
4
audible warning devices is prohibited during vehicle operation except for the following:
1) transporting a patient who during the transport becomes critical or otherwise
unstable to the closest most appropriate facility with an emergency room
capable of treating the patient; or,
2) while stopped on a public roadway to render aid to motorists and/or pedestrians
involved in a traffic or other incident that has potential to cause injury
while waiting for emergency responders to arrive.
Non-Emergency Ambulance Services. The operation of an ambulance for any
purpose other than transporting emergency patients.
Operator. An individual in actual physical control of an ambulance which is in motion
or which has the engine running.
Patient. Individual receiving services under this Agreement and in compliance with the
ordinance.
Person. Any individual, firm, partnership, association, corporation or organization of
any kind, including any governmental agency other than the United States.
Rollover emergency. A situation in which the primary provider of 911 Services is
unable to timely respond to an emergency and the dispatch requests a response by a
secondary provider.
Section 2
Contents of Application to Provide Non-Emergency Services
1. Representations; warranties; revocation of franchise. In making this grant of
non- exclusive franchise, the City has relied upon information provided by S & S to the City,
and the City’s expectations of the operations and performance of any and all franchisees. S
& S agrees that all statements, representations and warranties provided to the City are true and
correct to the best of S & S’s knowledge at the time of submission; and further agrees that the
City’s grant of franchise may be revoked upon discovery of any material misstatement of fact
contained therein.
2. Application. S & S shall complete an application if required by the City to operate
within the City and its extraterritorial jurisdiction. An application shall contain the following:
a. The name and address of the provider or franchisee of the ambulance
services for which a franchise is being granted;
b. the trade and all other names, if any, under which the applicant does business,
along with a certified copy of an assumed name certificate stating such
name or names or articles of incorporation stating such name or names;
5
c. a complete resume of the training and experience of the applicant in the
transportation and care of patients;
d. a description in the manner in which the public will be able to obtain
assistance and how the non-emergency vehicles will be dispatched; and
e. a description of the non-emergency ambulance applicant’s capability to
provide regular transportation services in the City.
Section 4
Term of Agreement
This Agreement will remain in full force and effect for a period of two (2) years, commencing on
the effective date the ordinance is passed on second reading by the Kyle city council. The City
shall have the sole option to renew this franchise for an additional two (2) years upon the written
request of S & S.
Section 5
Service Area
S & S may provide in all areas originating or terminating within the City limits and
extraterritorial jurisdiction Non-Emergency Ambulance Service that is not dispatched or required
to be dispatched in accordance with 9-1-1-Dispatched Ambulance Service.
Section 6
Disclosure of Patient Information
S & S as a franchisee agrees that any unauthorized disclosure of specific patient-related
information to the public is forbidden. If S & S as a franchisee is determined to have disclosed
specific patient-related information to the public without the permission of the patient or
authorized patient representative, the City may terminate this agreement and forfeit S & S’s
franchise status.
Section 7
Minimum Standards for Non-Emergency Ambulance Franchisees
The City shall be the enforcing agency for the terms contained in this Agreement and may
take the following actions:
1. inspect the premises, vehicles, equipment, and personnel of S & S to assure
compliance to this Agreement and perform any other inspections as deemed
necessary by law or for the benefit of the public safety, health or welfare;
2. recommend to the city council the temporary or permanent suspension of a
franchise in the event of non-compliance with the terms of this Agreement;
6
3. receive complaints from the public, other enforcing agencies, and others
regarding any infractions allegedly committed by S & S, and review or
otherwise investigate any complaints, and recommend corrective action after
S & S has had a responsible time to respond to said allegations;
4. maintain all records of compliance with this Agreement and other applicable
State and County regulations;
5. require S & S to restore at its expense all public or private property to a
condition equal to or better than that before being damaged or destroyed by
S & S.
Section 8
Violations; Penalties
The city council shall have the power and authority to review this franchise Agreement at
any time and to assess a penalty against S & S for its failure to comply with the franchise
Agreement, this charter, the ordinances of the City, or the laws of the state. If in the opinion
of the city council the requirements of the franchise Agreement, charter, ordinances or state law
are not being complied with, the city council shall so notify S & S in writing stating the
provisions S & S has failed to comply with and setting a time for a hearing and deadline for
correction of the noncompliance. The city council may assess and enforce a reasonable penalty
based upon the facts, issues and circumstances determined at the hearing if noncompliance is
found. If S & S does not correct the noncompliance within a reasonable time established by the
city council for correction, the city council may impose penalties, place S & S on probation,
suspend the franchise or repeal or cancel the franchise. Penalties may be imposed and fines
collected by the City as follows:
1. First offense: probation, suspension, or termination of the franchise, including up to a
fine not to exceed five hundred dollars ($500.00) levied against S & S, for which
S & S is responsible to pay or otherwise said franchise may be terminated by the city
council.
2. Second offense: probation, suspension, or termination of the franchise, including up to a
fine not to exceed one thousand dollars ($1,000.00) if within one (1) year of the first
offense, levied against S & S, for which S & S is responsible to pay or otherwise said
franchise may be terminated by the city council.
3. Third offense: probation, suspension, or termination of the franchise, including up to a
fine not to exceed two thousand dollars ($2,000.00) if within one (1) year of the second
offense, levied against S & S, for which S & S is responsible to pay or otherwise said
franchise may be terminated by the city council.
4. Fourth and subsequent offenses: If within one (1) year of the third offense, City staff
shall recommend to the city council permanent termination of the franchise, upon which
city council may accept or deny staff recommendation, or at is discretion, the city council
7
may impose suspension, probation, or termination of the franchise and this Agreement.
Section 9
Default
Exclusive of the penalties set forth hereinabove, S & S shall be declared to be in default of this
Agreement at the discretion of the city council if S & S violates or contravenes in any of the
terms or conditions of the Ordinance or this Agreement. The city council may terminate the
franchise if S & S is found to be in default.
Section 10
Majority vote
S & S may be liable for fines or other penalties set forth in this Agreement, including
termination of its franchise, or found to be in default, only upon a finding by majority vote of the
city council.
Section 11
State Permits and City Franchise Requirements
S & S, either as owner, agent, or otherwise, shall furnish, operate, conduct, maintain,
advertise, or otherwise be engaged in or profess to be engaged in the non-emergency
transportation of patients within the City unless and until S & S holds a valid permit for each
ambulance used in such ambulance service operation and has a valid franchise for the operation
of such service by the City pursuant to this Agreement.
Section 12
Exemptions from Franchise Requirements
No franchise shall be required for:
1. any entity rendering assistance to S & S in the case of a disaster, major
catastrophe, mutual aid, or emergency when the services franchised by the
City are insufficient or unable to cope, and assistance has been requested
by the City;
2. any entity other than the franchisee operated from a location or
headquarters outside of the City limits, but transporting to facilities located
within the City limits, or transporting patients within the City limits to
locations outside of the City limits;
3. ambulances owned and operated by an agency of the United States
Government;
4. vehicles owned and operated by EMS providers chartered by the State
8
of Texas as corporations to operate in the City limits to provide
emergency medical services, or municipal EMS providers; or,
5. any entity other than franchisee providing emergency transportation
services within the meaning of this ordinance that provides trauma
transportation services in connection with a state-certified trauma
transportation program.
Section 13
Franchise Fees to City
S & S shall, during the life of said franchise, pay to the City, to the attention of the City’s
director of finance, three and one-half percent (3.5%) of the total amount billed to and collected
from patients or customers for the non-emergency ambulance service fees and any other income
derived from the operation of the non-emergency ambulance service within the City limits,
which said remittance shall be made monthly on or before the tenth (10th) day of each calendar
month. The compensation provided for in this Section shall be in lieu of any other fees or
charges imposed by any other ordinance now or hereinafter in force during the life hereof, but
shall not release S & S from the payment of ad valorem taxes levied or to be levied on local
property it owns. The purpose of the franchise fee is to fund the City monitoring S & S’s
operations and for the cost of administrative staff, vehicle inspections, and wear and tear upon
the City’s roadways.
Section 14
Quarterly Reports
It shall be the duty of S & S to file with the City’s director of finance a sworn statement for
each calendar quarter, which said statement shall report the total amount billed and collected for
non-emergency ambulance service within the City limits for the preceding three (3) months,
which statement shall be filed within ten (10) days following the end of the third month. S & S
herein shall be required to adequately maintain a system of bookkeeping, which books shall be
subject to reasonable audits by the City in executive session and such skilled person or persons
as the City may designate so as to enable the City to periodically check the accuracy of the
accounts kept and to compute fairly and accurately the percentage of the amounts privately billed
that may be due to the City from S & S.
Section 15
Cessation of Activity upon Termination of Franchise
1. Upon cancellation, suspension, or termination of S & S’s franchise, by actions
taken by either the city council or S & S, S & S shall immediately cease
operations that are granted under the franchise.
2. Upon revocation, suspension, or termination of a driver’s license or attendant’s
certification or Emergency Medical Technician certificate, such attendant shall
cease to drive an ambulance, perform service, or attend an ambulance under the
9
direction or authority of S & S.
3. S & S shall not permit any individual whose license or credentials are invalid to
drive an ambulance or provide medical care in conjunction with the ambulance
operator.
Section 16
Rates and Charges to Patients or Customers
1. S & S shall comply with the schedule of rates that S & S has attached to this
Agreement as EXHIBIT “B” and which is incorporated herein by reference.
S & S may amend the schedule of rates only upon the adoption of an ordinance
approving said amendment.
2. On non-emergency calls, or calls where a person requires transportation to a nonemergency facility, collection for service (payment) may, at the option of
S & S, be made before the ambulance begins the trip.
Section 17
Insurance
Prior to providing any Ambulance Services in the City limits, S & S will provide proof of
insurance coverage in the types, forms and amounts required by state law and this Agreement.
Failure to maintain such insurance through the term of this Agreement will be cause for
termination of the franchise granted herein. S & S shall be required to obtain and maintain in
effect throughout the term of this Agreement a public liability insurance policy in an amount of
not less than $1,000,000. A copy of the insurance policy shall be filed with the City’s finance
director within 10 days of the grant of the franchise. S & S shall not operate its service during
any periods for which insurance lapses for any reason.
Section 18
Nondiscrimination
No individual shall be denied or subjected to discrimination in the receipt of services for
activities made possible by or resulting from this Agreement on the grounds of race, color,
religion, gender, sexual orientation, national origin, disability, age or marital status. Material
violation of this provision shall be considered a default of this Agreement.
Section 19
Records, Reports
S & S shall maintain the following records:
1. record of dispatch showing time call for transport was received, time
ambulance dispatched, time arrived on scene, time arrived at destination,
10
time in service, and time returned to base;
2. a trip record that shall be so designed as to provide the patient or customer
with a copy of it and that may serve as a receipt for any charges paid;
3. maintenance of a daily report log for the purpose of identifying all
individuals transported in any given day;
4. daily driver and attendant checklist and inspection report which shall list
contents and description of operations for each vehicle, signed by the
individual verifying vehicle operations and equipment; and,
5. if private records are kept, including operational, vehicular maintenance,
driver/attendant training certifications, insurance certifications, traffic
compliance, accident records, financial, tax and related records, shall be
open at any reasonable time for inspection and audit by the city manager or
designee, or any professionally trained accountant/auditor; but S & S may
deem and mark certain materials as proprietary and confidential or
protected by state or federal law, which may still be viewed by the city
manager, designee or accountant/auditor representing the City but not
disclosed to the general public unless a Texas Attorney General Ruling or
court of competent jurisdiction so orders such a public release.
Section 20
Transfer and Assignment
This non-exclusive franchise Agreement and the rights, privileges, permissions, and authorities
granted herein are personal to S & S and cannot be sold, transferred, leased, assigned, or
otherwise disposed without prior written approval from the City.
Section 21
Private Ambulance Services Personnel
Attendants and drivers employed by S & S shall be:
1. at least eighteen (18) years of age;
2. a citizen of the United States;
3. licensed by the State of Texas to operate the vehicle occupied; and,
4. certified as having obtained any legally required training as may be required
by any regulatory bodies having jurisdiction over the provision of private
ambulance services to the general public.
11
Section 22
Indemnification
As a condition of the grant of this Agreement, and in consideration thereof, S & S shall
defend, indemnify, and hold the City harmless against all claims for damages to persons,
individuals or property by reason of its franchise operations, or any way arising out of
performance under this Agreement, directly, or indirectly, when or to the extent injury is caused,
or alleged to have been caused, wholly or in part, by any act, omission, negligence, or
misconduct of S & S or any of its contractors, subcontractors, officers, agents, or employees, or
by any person for whose act, omission, negligence, or misconduct, S & S is by law responsible.
This provision is not intended to create liability for the benefit of third parties but is solely for
the benefit of S & S and the City. In the event any claim is made against the City that falls
under this indemnity provision, the City shall promptly but no later than five (5) business
days, provide S & S with the a copy of the claim with a written notice that such is deemed to
fall under this provision. S & S shall then take over the defense of the claim with attorneys of
its and/or its insurer’s choosing. S & S shall indemnify and hold the City harmless of and from
any such liability, including any court costs, expenses, and reasonable attorney fees incurred by
the City in defense thereof and incurred at any stage. Upon commencement of any suit,
proceeding at law or in equity against the City relating to or covering any matter covered by this
indemnity, wherein S & S has agreed by accepting this Agreement to indemnify and hold the
City harmless, or to pay said settlement, final judgment, and costs, as the case may be, the
City shall provide S & S immediate written notice of such suit or proceeding, whereupon
S & S shall provide a defense to any such suit or suits, including any appellate proceedings
brought in connection therewith, and pay as aforesaid, any settlement, costs or judgments that
may be rendered against the City by reason of such damage suit.
Section 23
Compliance with Laws and Regulations
During the term of this Agreement, the City and S & S agree they will comply with all
applicable state, federal and local laws and regulations. Failure to comply on the part of S & S
may be grounds for the imposition of penalties or sanctions, including up to termination of this
Agreement. Failure to comply of the part of the City may be grounds for S & S to terminate
this Agreement without prior consent or approval by the City.
Section 24
No Waiver; Cumulative Remedies
S & S will not be excused from complying with any of the terms of conditions of this
Agreement because of failure of the City, on one or more occasions, to insist upon or to seek
compliance with any such terms or conditions, or because of any failure on the part of the City or
S & S to exercise, or delay in exercising, any right or remedy hereunder, nor will any single or
partial exercise of any right or remedy preclude any other right or remedy. S & S agrees that
the City will have the specific rights and remedies set forth herein. These rights and remedies
are in addition to any and all other rights or remedies now or hereafter available to the City, and
will not be deemed waived by the exercise of any other right or remedy. The rights and remedies
12
provided in this Agreement and in the Ambulance Service Ordinance are cumulative and not
exclusive of any remedies provided by law, and nothing contained in this Agreement will impair
any of the rights or remedies of the City under applicable law. The exercise of any such right or
remedy by the City will not release S & S from its obligations or any liability under this
Agreement, except as expressly provided for in this Agreement or as necessary to avoid
duplicative recovery from or payments by S & S. Neither the provision of performance
security, nor the receipt of any damages recovered by the City thereunder, will be construed to
excuse faithful performance by S & S or limit the liability of S & S for damages, either to the
full amount of the posted security or otherwise.
Section 25
Administration
The city manager or designee will administer or direct the administration of this Agreement.
Section 26
Notices
Any notice, request, or demand which may be or is required to be given under this Agreement
will be delivered in person at the address stated below or may be deposited with the United
States Postal Service, certified or registered mail, postage prepaid, to the party and address stated
below:
FRANCHISEE:
Fredrick Smith
D/B/A S & S Transport
P.O. Box 3461
Pflugerville, TX 78691
Email: [email protected]
Phone: (512) 961-0491
Fax: (512) 551-8283
CITY OF KYLE, TEXAS (“CITY”):
City of Kyle
ATTN: City Manager
100 W. Center Street
P.O. Box 40
Kyle, TX
78640
Fax: (512) 262-3987
13
Section 27
Governing Law
This Agreement will be deemed to be executed in the City of Kyle in the State of Texas, and will
be governed in all respects, including validity, interpretation and effect, and construed in
accordance with the laws of the State of Texas, as applicable to contracts entered into, and to be
performed entirely with this State.
Section 28
Modification or Amendment
This Agreement may not be modified, amended, or changed in any way unless such
modification, amendment or change is approved by the city council, and the terms and conditions
thereof expressed in a written document, signed by both parties.
Section 29
Entire Agreement
The preparation, execution, and delivery of this Agreement by the parties have been induced by
no representations, statements, warranties or agreements other than those expressed herein. This
Agreement embodies the entire understanding by and between the City and S & S. There are no
further or other agreements or understandings, written or oral, in effect between the City and
S & S relating to the subject matter of this Agreement unless such agreements or
understandings are expressly refereed to and incorporated herein.
Section 30
Corporate Authority
The undersigned warrant that each has the requisite corporate authority to execute this
Agreement and bind each party to the terms of this Agreement.
Section 31
Severability
If any section, subsection, sentence, clause, phrase, or other portion of this Agreement is, for any
reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body,
or other authority of competent jurisdiction, such portion will be deemed a separate, distinct, and
independent portion. Such declaration will not affect the validity of the remaining portions
hereof, which other portions will continue in full force and effect. In the event of a subsequent
change in applicable law so that the provision which had been held invalid is no longer invalid,
said provision will thereupon return to full force and effect without further action by the City and
will thereafter be binding on S & S and the City.
14
Section 32
Effective Date
This Agreement shall be in full force and take effect from and after the date of the final
passage or the ordinance in which the Agreement is incorporated and upon the signing and
attesting of said Agreement as witnessed below.
By:
ATTEST:
APPROVED AS TO FORM:
Frank Garza, City Attorney
FREDERICK SMITH
D/B/A S & S TRANSPORT (“FRANCHISEE”)
By:
Frederick Smith
Title:
15
EXHIBIT “B”
S & S SCHEDULE OF RATES
All local wheelchair transports $ 25 each way
All ambulatory transports $20 each way
Cancel on arrival $25
Any patient over 260 pounds an additional fee of $20 each way
16
CITY OF KYLE, TEXAS
(2nd Reading) Ordinance suspending
Texas Gas Service rate adjustment
Date time: 7:00 PM
(Second Reading) An ordinance suspending the implementation of the
interim rate adjustment by TEXAS GAS SERVICE COMPANY under
Section 1.04.301 of the Texas Utilities Code within the City of Kyle,
Texas, pending hearing and discussion by the City Council. ~ Jerry
Hendrix, Chief of Staff
Other Information:
This ordinance allows for the suspension of the requested interim Rate
Adjustment made by Texas Gas Service under the Gas Reliability
infrastructure program (GRIP). The GRIP allows gas companies to
recover cost for infrastructure improvements through annual rate
increases between full rate cases. The suspension period is for 45 days
pending hearing and discussion by the City Council.
Legal Notes:
Budget Information:
There is no budget impact for the City of Kyle with this action.
Ordinance
Cover Memo
CITY OF KYLE, TEXAS
Budget Amendment No. 3 for FY
2014-15: $16,629.13
Date time: 7:00 PM
(First Reading) Approve an Ordinance amending the City's Approved
Budget for Fiscal Year 2014-15 by increasing total appropriations for
expenditures by $16,629.13; General Fund by $9,529.13 and the Hotel
Occupancy Fund by $7,100.00 and decreasing fund balance by the
same amounts in the respective Funds. ~ Perwez A. Moheet, CPA,
Director of Finance
Other Information:
This budget amendment number 3 for Fiscal Year 2014-15 totaling
$16,629.13 will provide funding for the following items:
Train Depot Construction Contract Phase 3: $9,529.13
Structural Assessment of Historic Water Tower:
$4,600.00
In-kind Contributions for Cinco de Mayo Fiesta: $2,500.00
Supporting documents are attached for each of the above items
providing detailed explanation for the budget amendment.
Legal Notes:
Budget Information:
A Fiscal Note is attached.
Justification - Train Depot Construction Ph 3
Justification - Historic Water Tower Assessment
Agreement & Scope of Work for Water Tower Assessment
Cinco de Mayo Sponsorship Letter
Ordinance - Budget Amendment #3
Fiscal Note
Cover Memo
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF KYLE, TEXAS,
AMENDING ORDINANCE NO. 820 ADOPTED ON
SEPTEMBER 3, 2014, MAKING APPROPRIATIONS FOR
THE SUPPORT OF THE CITY FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2014, AND ENDING
SEPTEMBER 30, 2015, BY INCREASING THE TOTAL
AMOUNT OF APPROPRIATIONS FOR EXPENDITURES
BY $16,629.13; GENERAL FUND BY $9,529.13 AND THE
HOTEL OCCUPANCY TAX FUND BY $7,100.00;
DECREASING THE FUND BALANCE BY THE SAME
AMOUNTS IN THE RESPECTIVE FUNDS; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
PUBLIC NOTICE PURSUANT TO THE TEXAS OPEN
MEETINGS ACT; ESTABLISHING AN EFFECTIVE
DATE; AND MAKING SUCH OTHER FINDINGS AND
PROVISIONS RELATED HERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KYLE, TEXAS, THAT:
Section 1. Amendment to Current Budget. The appropriations for the Fiscal Year beginning
October 1, 2014, and ending September 30, 2015, for the support of the general government of the
City of Kyle, Texas, is hereby AMENDED for said term by increasing the amount of
appropriations for expenditures by $16,629.13 as follows: General Fund by $9,529.13 and the
Hotel Occupancy Tax Fund by $7,100.00, and decreasing fund balance by the same amounts in
the respective funds in order to provide funding for the following expenditure items:
(A)
$9,529.13 for the Train Depot Renovation Project Phase 3 construction contract (CIP
project). This will be a transfer of funds from the General Fund to the Train
Depot Donation Fund to provide additional funding for the construction
contract,
(B)
$4,600.00 for an engineering services contract to perform a structural assessment of
the Historic Kyle Water Tower; and,
(C)
$2,500.00 for in-kind contributions in support of the Cinco de Mayo Fiesta to be
held on May 2, 2015 in Kyle, Texas.
Section 2. Approval of Amendment. This amendment is hereby approved in all aspects and
adopted as an amendment to the City budget for the Fiscal Year beginning October 1, 2014, and
ending September 30, 2015.
Section 3. Conflict. Any and all ordinances, and parts thereof, that are in conflict herewith
are hereby repealed to the extent of the conflict only.
Page 1 of 2
Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of
this ordinance is declared unconstitutional or invalid for any purpose, the remainder of this
ordinance shall not be affected thereby and to this end the provisions of this ordinance are
declared to be severable.
Section 5. Open Meetings. It is hereby officially found and determined that the
meeting at which this Ordinance is passed was open to the public as required and that public
notice of the time, place, and purpose of said meeting was given as required by the Open
Meetings Act, Ch. 551, Local Gov’t Code.
Section 6. Effective Date. This Ordinance shall be in full force and take effect from
and after the date of its final passage and publication as required by law.
PASSED AND APPROVED on First Reading the ____ day of April, 2015.
PASSED AND ADOPTED on Second Reading the ____ day of April, 2015.
By:
ATTEST:
Page 2 of 2
CITY OF KYLE, TEXAS
Award a $4,600 PSA to Sparks
Engineering for Water Tower
Assessment
Date time: 7:00 PM
Approve a professional services agreement with SPARKS
ENGINEERING, INC., Round Rock, Texas, in an amount not to
exceed $4,600.00 to complete an initial structural assessment of the
Kyle Historic Water Tower & Storage Tank. ~ Jerry Hendrix, Chief of
Staff
Other Information:
Legal Notes:
Budget Information:
A budget amendment is required to appropriate $4,600.00 in the Hotel
Occupancy Tax Fund. Please refer to Budget Amendment No. 3
included for City Council consideration and authorization on April 7,
2015.
Agreement & Scope of Work for Water Tower Assessment
Cover Memo
CITY OF KYLE, TEXAS
Date time: 7:00 PM
Declaration of IT Surplus Property
Declare all IT computer equipment as identified and listed herewith to
be surplus city owned property and authorize the sale of said surplus
city property as listed to the highest bidder by auction on GovDeals, an
internet-based auction marketplace. ~ Robert Olvera, IT Administrator
Other Information:
Legal Notes:
Budget Information:
List of Surplus Computer Equipment
Cover Memo
Computer
Acerpower desktop
Acerpower desktop
Acerpower desktop
Acerpower desktop
Acerpower desktop
Dell Desktop
Dell Desktop
dell desktop
Dell desktop
dell desktop
Dell desktop
dell desktop
Dell Desktop
Dell Desktop
dell desktop
dell desktop optiplex gx520
Dell Desktop poweredge sc440
dell dimension 4600
dell dimension 4600
dell dimension 4600
dell dimension 4600
dell dimension 4600
dell dimension 4600
dell dimension 4600
dell dimension 4700
dell dimension 4700
dell dimension 4700
dell laptop
dell laptop
dell laptop
dell laptop
dell optiplex gx520
dell optiplex gx520
hp Compaq
hp Compaq
hp desktop
HP Desktop
HP Desktop/combo flat screen
HP Desktop/combo flat screen
Serial Number
psp370606473003a772713
psp370606473003c7a2713
psp370606473003a22713
psp37060647300d052713
psp37060473003c802713
cn-0n8372-71615-677-03bc
84cbnb1
c24l051
69pr2b1
1qfbm81
63pt9g1
g3l4xb1
c6ysm71
cp9y861
53l8v51
j38sc91
1tpz7f1
j1l8v51
gd1bx31
44bb751
j3bbz51
g2l8v51
g3bbz51
9c1bx31
5g6gg81
7g6gg81
8g6gg81
01-07898349890528
hp pavilion a620n
4282ed2tmxxxxyyy0716
IBM Think Pad
Lenovo desktop
78-kr058
l1ta3ap
Lenovo LAPTOP
Lenovo LAPTOP
Lenovo LAPTOP
Lenovo LAPTOP
l3-bo663
l3-a9195
l3-m8402
cn-0f3553-12961-513-3227
cn-0xd762-48643-61m-5721
24l4xb1
bl4x4b
2ua7060vf2
mxl6100kfw
cnh6511mg3
cnh72712b7
mxl1020n6m
mxl1020n67
City
Identificatio
n number
Part Number
442
443
445
441
444
apfh-ud2160p
apfh-ud2160p
apfh-ud2160p
apfh-ud2160p
apfh-ud2160p
786
dcsm
dhm
dcsm
dhm
dcsm
dcsm
dmc
dmc
428 and 750
824
784
462
546
823
770
741
747
550
904
dcsm
dcta
dmc
dmc
dmc
dmc
dmc
dmc
dmc
dmc
dmc
dmc
pp12l
[pp25l
pp08l
pp11
dmcsm
dmcsm
en325ut#aba
pz582ua#aba
a1710n
gj474aa
vs834ut#aba
tpc-q001
524
5731289720
862
810
744
749
748
724
728
459
727
447
751
885
510
504
2985335
2655-97u
23u
076122u-0761
076122u
076122u
b53f
I pulled drive
I pulled drive
I pulled hardrive
I pulled hardrive
I pulled hardrive
I pulled hardrive
I pulled hardrive
I pulled hardrive
has it's own case
I pulled hardrive
I pulled hardrive
Microsoft 2000 +
Carrying case
Bad Keyboard - no
hard drive
Lenovo LAPTOP
Lenovo LAPTOP
Lenovo LAPTOP
Lenovo Think Center Windows 7
Motion Computing (Older Tablet)
2985359
l3-m8379
l3-b0668
pbykt19
607
508
260715
Toshiba laptop
veriton acer
veriton acer
veriton acer
Sony MiniDisk Deck
LG Flatron
LG Flatron
hp 1740 monitor
hp 1740 monitor
hp l1906
psv52060148030208c2701
psv520601480301fcb2701
psv5206014803020052701
8811139
809ndvw0p343
901uxvw1r351
cnd62201vw
cnd62201vn
cnc650qp70
nec multisync lcd175m
hyunai
hannspree hf229h
philips brilliance 170p
philips 190s
Samsung
Acer lcd monitor
Acer lcd monitor
Acer lcd monitor
Acer lcd monitor
Acer lcd monitor
Acer lcd monitor
Optiquest Q7
Optiquest Q7
Viewsonic
Dell flat panel
Dell
Dell flat panel
dell lcd
Dell flat panel
Dell HG
Dell (fatbox)
Dell (fatbox)
dell lcd
Dell Adjustable
Dell adjustable
Dell
dell lcd
dell lcd
dell
dell lcd
dell lcd
dell 19in lcd
Dell display stand and hub
s-9x100707na
q19hhasf5a921219
821uhm03000a1648
bz000526111576
au3a0614000341
me19hvdp515617b
etl480b29772509f34394f
etl480b29772503579394f
etl480b2977250ab5a394f
elt480b2977250ab68394f
etl480b2977250505b62394f
1.20318E+13
q4a075083111
q4a075083508
r3q095321155
cn-0j6642-716185b2-abam
cn-0f5035-64180-55p-297l
cn-0y4299-71618-49m-bcha
cn-0cc639-72872-644-4vwt
cn-0y4299-71618-49m-bch7
cn-0cj167-72872-68q-193L
mx-0y1352-47605-3c1-bcd2
mx-08d466-47741-1aq-30h4
cn-0cc639-72872-644-4vnt
cn-0cc280-71618-64R-Adfg
cn-0y4299-71618-49m-bcn1
tw-05320u-47800-061-a38e
Cn-0cc639-72872-644-ay1t
cn-0cc639-72872-644-4w2t
cn-ou491-46633-57h-7j2l
cn-0cc352-64180-688-3g1c
cn-0j664-71618-5b2-aba1
cnc650qp3l
cn-0hd062-48643-77n-4137
b53f
076122u
076122u
h3u
t006
463
455
456
453
390
kylz
778
485
891
492
644
645
628
773
646
772
632
637
619
783
833
636
647
774
781
828
149
634
839
649
110
639
631
635
840
630
870
Portege
m460
m460
m460
mds-je520
l1942tt
w1934s-bn
hstnd-2121-f
hstnd-2121-f
l1906
serial was too
faded to read
I pulled drive
Still in box looks
good
lcd175m-bk
l91d
hm03-22u2-000g
170p6eb/27
190s7b/27
906bw
al1716 a
al1716 a
al1716 a
al1716 a
al1716 a
v173
vs11147
vs11147
vs12297
170fpvt
rev a02
rev a00
rec a03
1704fptt
1707fpf
e773s
08d466
e176fpf
1707fpt
1704fptt
3138-151-30250
e176fpf
e176fpf
e173fpb
1707fpc
1704fpvt
hstnd-2a08
pr01x
hp display stand and hub
kensington stand and hub
Emachines
Envision
Samsung Adjustable
Samsung Adjustable
Sony digital recording mz-r37
walkman
Superstack 3 switch 4250t
panasonic wireless phone system 2
phones
Airvana Sprint wireless router
Nortel IP phone
linksys VPN router
amseco multifunction receiver
Avaya Ethernet phone (wireless)
avaya ethernet phone
Avaya Ethernet phone
polycom IP/ethernet phone
sonicwall firewall? Or router
acomdata firewall
sonicwall firewall? Or router
cysco ip phone 7912 series
cisco pix 501 firewall
hp Compaq t5000
plantronics cs55
plantronics cs50
cn netcom wirelles headset
norstar analog terminal adapter
Panasonic 2-line phone
meridian phone 2line
time attendance device
timekeeping - time and attendance
device
amseco door sign
Fvy
Motorola
cobra
bf0x0f0735037w
#b0802a000183
mgn7220p11005
90868ca009723
hu24h9nq500441e
hu24hcgq501203x
650
790
985
893
p-14894530-g
ly3v3la58e90a0
394
9abxa
nntm84j00fj6
c2910e801071
629
77306-01
004f21abc5d
0004f21a9f3b
0004f21a9ee0
0004f21aa083
0004f21a9f75
b1603575
2200-16155-001
0006b1248ce4
c1052350
006b10a9f24
inm092513t4
88811051631
cnv7470brz
be753100
be675694
9120-48-05
nntm040anw0f
nntm84561gqt
nntm040anv4t
nntm040anv47
9baxa034782
nntm0493k2v
mz-r37
1730-210-000-5.04
983
01-ssc-5565
hd320fe5-72
apl11-029
7912
pix series
rg049at#aba
1lstxnan-9120
971106
ata2
971106
971106
kx-tg9391t
nt8b30ae-35
6.19096E+12
301400596
6816
EU152919
eu258704
FQ045370
FQ158467
03242-0091835
s702041664
s612002615
Complete set and
box
kx-tga939t
airfemt02
ntdu82
befvp41 ver 2
ewpr-202
e648200
5402
2410
soundpoint IP 330 sip
awh55
12097002335
700373558
2q672-090
k60722
e17t4w
h170l
245bw
245bw
67064
ewpt-202
kebt-039-1
ch600
1564200r07
Ga-cc3
midland
Walkie Talkie Radios
Motorola
Cobra
nu-kote Epson erc-31 replacement
ribbons
HP printer undercarriage paper
holder
canon staple-j1 6707a001 ac
HP Docking Station
Brother 2006 Fax/printer
hp cb394a
18cvp8-rev b
Count
9
1
87786109403
bm335
cn5c81101s
61100614
68051562
68051562
CNU734xj5B
u61325e6j687031
cnfy74l14b
756
c8237a
502c
502c
502c
en488aa
Fax-2820
cb394a
count of 4 (sets)
approx. 45$
missing one
Out of order tag
hp LaserJet 1018
hp lcolorphere
cnb1205302
cnhc7cc53k
488
cb419
q7822a
ithaca posjet 1000 receipt printer
HP psc 1600
HP
PP003989814
my59kf41d0
cnwdf24015
867
895
900
ITH-PJ1USBC2DG
q5584a
q5987a
HP deskjet5150
Hp 2175 all-in-one
my35u1q2nw
my339c73qy
990
c8962a
q3066a
Hp 2175 all-in-one
my355f82vf
802
q3066a
Hp 2175 all-in-one
hp photo smart d7560
hp Scanjet 5590
my463f50bq
my96m99170
cn7b8th0b3
801
782
q3066a
q8440a
fclsd-0406
Brother Compatible Drum
Cartridge
HP eio hard disk j6054B
black
142j9900t 411 - sg42306f9y
16666
j6054-60032
Epson Stylus C85 Printer
HP Photosmart 8050
fxuy753230
my58k232cw
Hp office jet 6000
HP psc 21 10v All in One
Espeon Stylus C88+ Printer
Canon pixma mp500
cn1bu3f1mr
my2a8d204b
jkdy219413
aaec34102
c57400001L415611078
Roller jams
q6351L
brand-new still in
box
e609a
c8644a
b251a/c61712001fgx6z13286
k10264
HP Office jet 9100 series all-in-one
cn5ct92026
c8143a
HP Office jet 9100 series all-in-one
cn61c92064
c8143a
canon image class d320
cgz95253
489
836
h12255
note that needs
cart alignment
note that needs
cart alignment
needs new ink
cartage
Canon canoscan n 650u
f914600
807
Cameras
Kodak easy share cx7430
Serial Number
kckcy42403294
City IdentificationPart
Number
Number
424
e-c021-04-0191b
axis security camera
vdo
Phones
Motorola (Verizon flip)
Serial Number
268435457409521853 v750
268435457409498561 v750
268435457409478215 v750
Motorola (verizon Flip)
268435457409489045 v750
268435457409481480 v750
j686nw497w
j68ns6m2n
268435457409496618 v750
sn268435458115988000
268435459410596000 v750
kauf0103ab
kauf0103ab
kauf0116bb
kauf0116bb
kauf0103ab
j686na247s/kauf0116bb
j686nw2w4q
motorola (i576)
motorola (i576)
364vkw4j73
364vjy5mws
h02xah6jr5an
h02xah6jr5an
Motorola Razor
n650u
29892
2003812488
network camera
211w
Number
Number
kauf0103ab
kauf0103ab
sjug2875ac
motorola
364vjy56y4
Motorola i30sx
Motorola i30sx
Motorola i30sx
Motorola i30sx
Motorola i30sx
Motorola i30sx
021tdlz931
021tdlz910
021yda3n71
021ydc82hd
021tdlz942
21tdm0056
h56xah6rr5an
h56xah6rr5an
h56xah6rr5an
w56xah6rr5an
h56xah6rr5an
h56xah6rr5an
Motorola i275
Motorola i275
Motorola i275
Motorola i275
Motorola i275
Motorola i275
Motorola i275
364fl9pmy
364yfn599q
364yfl5k5z
364YFN596m
364yfn6h75
364yfn4ww5
364yfq9npx
h79xan6rr4an
h79xan6rr4an
h79xan6rr4an
h79xan6rr4an
h79xan6rr4an
h79xan6rr4an
h79xan6rr4an
G'zone
cvdk0333590
Dc0908
LG (Verizon flip)
LG (Verizon flip)
LG (Verizon flip)
512kpae2760816
608kpjp5477044
512kpwq2760553
vx5200
vx5200
vx5200
Casio (Verizon flip)
cvdk0185117
cvdk0333722
cvdk0333504
cvdk0333727
cvdk0333503
cvdk0333911
cvdk0333721
cvdk0333499
cvdk0333725
dc0808
dc0908
dc0908
dc0908
dc0908
dc0908
dc0908
dc0908
dc0908
cvdk0333506
dc0908
Casio (Verizon flip with Battery
boost)
cvdk0333513
dc0908
Motorola i415 (Boost block)
364vhc05jl
364vheg2wx
364vheg6fr
364vhc072g
364vhc1m2r
h80xah6rr1an
h80xah6rr1an
h80xah6rr1an
h80xah6rr1an
h80xah6rr1an
LG Sprint Flip
801cykj0954221
lx160
364vjy56y4
364ygy8502
364vhjc1pj
h02xah6jr5an
h90xah9jr7an
h90xah9jr7an
kyocera (virgin mobile)
Motorola Broken Top
Motorola Broken Top
Motorola Broken Top
Phones without batteries OR
BACKS
Blackberry Cingular
blackberry Nextel
motorola i576
motorola i576
motorola i576
motorola i576
motorola i576
motorola i576
motorola i576
motorola i576
motorola i576
motorola i576
motorola i576
354879013423453 C17
4027a9c0bb
364vka8wvd
364vjulhw9
364vlacwv1
364vlcc5lb
364vkwvg2p
364vla9ngh
364vlcc9h3
364vkw49rs
364vjy6moh
364vjy5518
364vlcc94f
2503A-RBE40GW
8350i-rcd21in
broken screen
ho2xah6jr5an
ho2xah6jr5an
ho2xah6jr5an
ho2xah6jr5an
ho2xah6jr5an
ho2xah6jr5an
ho2xah6jr5an
ho2xah6jr5an
ho2xah6jr5an
ho2xah6jr5an
ho2xah6jr5an
motorola i275
364yfl5jqv
h79xan6rr4an
No Battery
kyocera
motorola i576
motorola i275
No Backing
motorola i776
364vkjdmgz
364yfn0gz1
10-m612-01a
h02xah6jr5an
h79xan6rr4an
364vkesh6g
h02xah6jr6an
Pagers plus case
usamobility
usamobility
usamobility
metrocall
metrocall
Wireless adapters/Mobile
Broadband
5513498450
2102751
2109028
2505687
823-e1730856
823-e1758671
Sprint Pantech px-500 MobileBbcard
931.5125
931.5125
931.5125
931.5125
931.5125
7160320972
px-500
7160320980
px-500
7160320740
px-500
Sierra Wireless usb connect Sprint
9608608597
2417c-u598
9608608373
2417c-u598
Novatel Wireless Verizon
n7nc597
2417c-c597
9106863973
9115625541
9115624550
9116224128
usb760
usb760
usb760
usb760
pantech usb verizon
pantech usb verizon
9191101511
801703954
um175vw
um150vw
kyocera Mobile Bbcard Verizon
3416498235
kpc680
Networking Equipment
Serial Number
Number
Number
Sun Microsystems Sunray 2 E-card
0816be8056
685
p001-20530.a1
sun ray 2
0831be8304
0834be8047
703
710
cmn-3004
0831be82c4
0831be82ce
0815be833a
815be82fd
831be8340
821BE833C
689
721
Sun Microsystems Sunray 2-3004
0816BE82A1
Sun Microsystems Sunray 2-3004
0816BE80BC
0816BE829A
0815BE82c5
0825be8c95
0825be8c90
0816be8241
0831be83ff
0816be82ae
0834be8045
0810be8369
0816be8076
0831be82d3
0831be8302
0816be809c
0804be86d8
0831be82e5
0831be8305
0831be82e6
0831be82e1
0825be8c8b
0825be8c8e
0831be8298
0827be88e0
0831be82f7
0810be8334
0831be82df
0831be8300
0815be8514
0815be8333
0831be8323
0831be82de
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
716
380-1352-10
999
380-1352-10
776
720
690
683
706
701
704
702
722
719
684
687
711
688
707
709
457
998
682
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
cmn-3004
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
0834be805a
0815be82bc
0825be8c87
0815be82d6
0816be8095
0831be8321
0831bes2cb
0816be8249
0831be82c7
0810be833f
0816be82b3
0815be84f2
0815be82e0
0831be8376
0816be8298
0814be84c6
0831be833d
0831be82f8
0827be84c5
0831be8317
0816be809e
0825be8bff
0831be8322
0831be8327
08304be86b3
0831be82a1
0816be82a4
0831be8329
0831be82d0
0831be8436
0827be88d4
0831be82cf
816be82be
0816be8234
0815be82aa
0815be82fe
0831be82d6
0827be85b2
081be92c8
0831be82f5
086be82af
0831be833b
0831be8330
0816be82a3
0816be80a1
0815be8500
0831be82c9
0815be832b
0825be8c8d
0815be82ed
0831be833e
0815be85oc
715
714
712
713
899
717
cmn-3004
cmn-3004
cmn-3004
cmn-3004
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
sunray 2
0831be82dd
0831be82c1
0831be82c1
0831be82fb
0815be82be
0834be8057
0831be82d5
0815be82dc
0831be82d1
0831be8318
0816be80a4
0831be8155
0831be840f
0816be8275
0815be8280
0815be831e
0831be82cc
0815be8280
0815be831e
0831be82cc
0814be84d0
0825be8c94
0831be82d7
0826be84fc
0815be82d9
0925be8c91
0831be82fa
Slimswitch Belkin
Avaya ip412 office
Wyse WinTerm Windows Thin
Client
Wyse WinTerm Windows Thin
Client
neoware Thin client
avaya eu24 expansion module
Anycom Bluetooth access point
Buffalo Terastation pro
f1b028-v
05fc49500932
708
700350408
683bfc01271
838
902094-06
683bfc01443
hp-3uc75301c3
826
61609011339
base station 003205
15821070512390a
VXO-902094-06
kf330at#aba
700203656 1xu-2001
cc3052
ts-ho.0tgl/r5
NetGear Mini Print server Ps101v2
1af167bp00f54
ps101na
10y262b501cdf
ps101na
1af167bn00f53
ps101na
1af167bp00f54
ps101na
1AF167B800c24
ps90bf25
in wrong box - c24
IVR Server Windows xp
professional
linksys 4-port gigabit security
router with vpn
vyatta 514
vyatta 500
linksys broadband router
creative modem blaster
magtek credit card reader/usb
ne06100074
dc418atxr
sno008203820
al1-3016-100501
0802b00717
chi00eb04329
dl1225003502
x01yc3y
731
733
rvs4000
nad-2074
514
rt41-bu
de5671
21040108
linksys etherfast cable/dsl router
Computer Hardware
c2023008527
Serial Number
Fan Controlled Power Supply Delta
dld0407003470
c41956-001
Fan Controlled Power Supply Dell
Fan Controlled Power Supply
Bestec
Fan Controlled Power Supply
Dynex
a310230505916
HP-p2507fw
134288-03100607760
5187-1098
3f055809
Dx-ps350w
Siig DP 1-port ecp/epp parallel PCI
ba41209x0157
jj-p01411-s1
brandnew still in
box
st1000bt32
brandnew in box
gigabit ethernet pci card
Serveraid m5015 sas/sata contr
IBM
intel computer fan
Dell processor New
Sony daul RW driver (external)
Sony daul RW driver (external)
ativa CD drive (external)
befsr11 v2
Number
Number
7320759141
46m0829kq666wc
a46002-003
cn-0t0426-13740-714-00al
ca5134262840uuc20805
7819501595-b
a390746400662
fantom drives dvd drive (external)
020418p 05
new in box
drx-840u
drx-710ul
dx-3h20a
497896
ibm eternal floppy disk drive
fddrwu2p18l
10089
diamond external dialup modem?
internal cd rom drive
Toshiba DVD drive (internal)
52xmax CD drive
mitsumi 1999 cd drive
Aopen rewritible disk drive
2u57002002760
kr-04k729-35831-1ae-4064
cn-0np873-55081-7ag-4059
2.63614E+11
11s92p6270z1zbnl68a0tb
0i1116205286
eyc059959
50601222je
Sata I terrabite
wxb1a9235637
46m0829
a46002-003
06p522
has case
gce-8160b
dh-48n1p
sohr-4839s-ct2
p92p6271
oip-cd5200a/g
crmc-fx4010M
91.3fd37.474
wd10jpvtsp
brand new still in
box
Harddrive 80gb Barracuda
3jv6bh65
Scrap Parts
Lenovo Laptop Bottom
Laptop top/mousepad
L3-M8385
Seagate 120GB drive (internal)
hp 36gb
5Lz3cfn8
3pe06x2w
Key Boards and Mice
Serial Number
Sun Microsystem Keyboard/ Silicon
Keys 3-usb
Keys 3-usb
Keys 3-usb
Keys 3-usb
Keys 3-usb
Keys 3-usb
Keys 3-usb
Keys 3-usb
Keys 3-usb
Keys 3-usb
Keys 3-usb
Keys 3-usb
Keys 3-usb
Sun Microsystem complete set
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
st380011A
6.33205E+15
scrap
scrap
0761-22u
51150639001
9cu133-030
dh36abaa5
Has Bad writen on
it
Bad drive
City Identufucation
Part
Number
Number
0581mcn-0820nx1009
320-1366-03
0581mcn-0820nx0926
3201366-03
0581mcn-0820nx0833
320-1366-03
0581mcn-0820nx0887
3201366-03
0581mcn-0820nx0973
320-1366-03
0581mcn-0820nx0963
0581mcn-0820nx0705
320-1366-03
0581mcn-080nx037
320-1366-03
0581mcn-0820nx0907
320-1366-03
0581mcn-0820nx0931
320-1366-03
0581mcn-0820nx0721
320-1366-03
0581mcn-0820nx1017
320-1366-03
0581mcn-0820nx0957
320-1366-03
0820nx0703
565-1831-03
0820nx0976
565-1831-03
0820nx1010
565-1831-03
0820nx0902
565-1831-03
all boxes are
comple and sealed
and come with 2
power cables for
the sunray2
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
0820nx0783
565-1831-03
0820nx0722
565-1831-03
0820nx0885
565-1831-03
0820nx0925
565-1831-03
0820nx0807
565-1831-03
0820nx0997
565-1831-03
0820nx0932
565-1831-03
0820nx0717
565-1831-03
0820nx1019
565-1831-03
0820nx0958
565-1831-03
0820nx0784
565-1831-03
0820nx0720
565-1831-03
0820nx0889
565-1831-03
0820nx1008
565-1831-03
0820nx0785
565-1831-03
0820nx0724
565-1831-03
0820nx1006
565-1831-03
0820nx0832
565-1831-03
0820nx0908
565-1831-03
0820nx0782
565-1831-03
0820nx1007
565-1831-03
0820nx1002
565-1831-03
0820nx0840
565-1831-03
0820nx0831
565-1831-03
0820nx0974
565-1831-03
0820nx0835
565-1831-03
0820nx0906
565-1831-03
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
Keys 3-usb
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
keyboard+mouse
lenovo
lenovo
Dell keyboard
Dell keyboard
Dell keyboard
Dell keyboard
Dell keyboard
Dell keyboard
0820nx0741
565-1831-03
0820nx0929
565-1831-03
0820nx0806
565-1831-03
0820nx0891
565-1831-03
0820nx1014
565-1831-03
0820nx0904
565-1831-03
0820nx0905
565-1831-03
0820nx0748
565-1831-03
0820nx0824
565-1831-03
0820nx0743
565-1831-03
0820nx0892
565-1831-03
0820nx0888
565-1831-03
0820nx0747
565-1831-03
0820nx0901
565-1831-03
0581mcn-0820nx0836
320-1366-03
0820nx0744
565-1831-03
0820nx1003
565-1831-03
0820nx0960
565-1831-03
0820nx704
565-1831-03
0820nx0823
565-1831-03
1344262
162408
th-02r400-37171-3ai-1863
cn-04g481-71616
th-02r400-37171-3ai-1805
cn-0j4628-71616-5c3-0n5p
cn-0j4628-71616-5b9-1ark
cn-orh659-73571-939-06u1
sil12-w14
ku-0989
rt7d30
04g481
rt7d30
rev a02
rev a04
rev a03
new in box
Dell keyboard
Dell keyboard
Dell keyboard
Dell keyboard
Dell keyboard
Dell keyboard
Dell keyboard
cn-0dj331-71616-98c-0vq0
cn-0dj454-71581
cn-0w7658-37172-66m-06va
th-04n454-37171-432-03te
cn-09c487-38844-1ab-a690
cn-09c487-38844-1ab-8899
cn-0j4628-71616-5c3-0gys
Sony KB
hp keyboard
hp keyboard
hp keyboard
hp keyboard
hp keyboard
hp keyboard
hp keyboard
147780531 0080370
bauhp0mlu1a538
bauhp0mvb1lr22
bc2ac0egaxj43j
bc2aa0avbtxklr
bc2ab0cvbuwibm
bc2aa0gvbxjbsa
bc2aa0dgav91dv
pcva-kb4p/u
ku-0316
ku-0316
kus0133
kb-0316
ku-0316
ku-0316
ku-0316
Fellowes - microban
6k704b0666b
ku-2971
lenovo keyboard (light)
lenovo keyboard (heavy)
11296384
2692591
145
rev a03
0dj454
rev a03
rt7d20
sk-8100
sk-8100
sk-8115
25200491
41a5289
microsoft wireless keyboard
microsoft wireless reciever for
keyboard
microsoft wireless reciever for
keyboard
microsoft wireless keyboard
microsoft padded keyboard
microsoft
ibm key board
hp wireless keyboard
logitech wireless keyboard
logitech wireless keyboard
00163-486-7231967-11101
x816851-001
70002-492-6608512-20726
x801604-103
77967-545-5036824-00724
7389100509133a
7687602334837a
7691407077945a
2499551
0789355200199-0
702370-001
0789355200199-0
sc81819
5172
x806623-004
x802982-001
ku-0462/x802610-001
ku-0459
sk-8826
kbrf1921
new still in box
morffyul-d
588544-371
820-000176
y-rav80
Sun microsystems lazer mouse
microsoft wireless mouse
0581mcn-0821nc1396
0581mcn-0821nc2085
0581mcn-0821nc2084
77967-492-033122-10718
90637-492-1016382-00713
371-0788-01
371-0788-01
371-0788-01
x803468-014
x806443-004
Dell Lazer mouse
Dell Ball mouse
452079839
hcg43134163
20-15601DL01
851841-1000
x800412-132
x816852-001
x801603-118
Speakers
Logitech 50/60hz Ls11
altec lansing
altec lansing
Serial Number
cn-0p06144822039r0a0u
cn-0p061448220-39r0aqi
dell speakers
dell speakers
Dell As501 (Attached)
cn-0f6371-48220-55p-04kr
cn-0d3431-48220-47r-04s6
cn-0x9450-48220-639-03tb
cn-ouh852-48220-64b-0157
cn-ouh837-48220-683-011d
cn-ouh837-48220-67t-027R
cn-ouh852-48220-64b-0158
cn-ouh852-48220-64b-0153
a215
a215
A02
rev a00
a00
a00
a00
aoo
Dell (single standing)
Cn-0d3431-48220-45m-0b98
A00
Sakar speakers
79733ns
ctl093lpd0169
ta-2006/476
70002-492-6608512-20726
City Identufucation
Part
Number
Number
s-00035
ada215
ada215
230510
Misc. Parts
Rofu 9350 us28 (hardware only)
Tv mounting Kit Screws and avi
cables
itox
8port kvm 17' console
kit rckrl, r-rail. 2u, sl j460
kit rckrl, r-rail. 2u, sl, v4
Module fillers aluminum
gabmer short support brace
shipkit se6140
Dvi/ sun to monitor contectors
starview (visual) 4 port
keyboard/video/mouse
s-rex-9350
1359496f0941
ne06100074
dc418atxr
9825acpb715100250
mx-0fj460-54612-72k-0108
cn-0fn360-01078-766-0226
count of 3
cdw000205746
560-2793-01
Count of 4
b020-008-17
0fj460
0fn360
na7311haa0345
sv411k
lac-02/uds
missing knobs
GB Instruments - Lan Tracker
City of Kyle Carry-on bags
Pearston Camera Stand
heavy iron desk panel
heavy iron desk panel
sun microsystems internal network
controllers/optimizor
sun microsystems internal network
controllers/optimizor
unbranded power tester
kantech/lantronix uds-10
network/controller interface
Cables
Type Cl2 Madison Cable (huge
grey)
e311195 vw-1
Cat5/Ethernet Cords Verious
Lenths
Monitor - Female to HD
connections
Interconnect IEEE (printer
networking)
Basic Audio/aux connectors
Belkin pro Monitor Male to female
to Hd
Belkin Digital Plumbing pro data
transfer
Usb to block (printers and older
devices)
Avi cables
count of 5
Count of 1
4a0539g05810
4a0539g05808
ar8122
ar8122
0824bd01fb
594-5216-01
0824bd01fd
594-5216-01
00-20-4a-04-25-e7
080-212-000
h82058
50.7a2a0.001-r
23r3594
jhen vei
Count of 8
Count of 1
9947-L2
count of 2
ll80671
count of 2
count of 1
count of 5
Count of 1
Monitor - male to male connection
Audio to light
phone cable
un-ended cat5/ethernet cables
Count of 1
count of 1
count of 1
count of 4 big bundle
Power Cables
Serial Number
Panasonic cf-aa1653a2m ac
adapter
dc powercable with plug 16v
toughbook automotive adapter
7A 125v Delta Electronics (Laptop
adapter)
thinkpad 90w ac adapter
Phihong Switching Adapter
City Identufucation
Part
Number
Number
count of 2
20110315
76737700353
kow0751073224
l3mfpn9
p74217055a1
p74214434a1
p74216696a1
p75201938a1
p80507399a1
in boxes
dfjs90va
pa-1650-1253
r33030
40y7659
psa31u-120
psa31u-120
psa31u-120
psa31u-120
psa31u-120
used?
Brandnew sealed
in box
p74214673a1
psa31u-120
Flypower Adaptor FT1 Cable
Flypower Adaptor FT1 Cable
spp34-12.0/5.0-2000
spp34-12.0/5.0-2000
Panasonic
Li Shin International Ac Adapter
1633am208505534A
a30622050921
Craftsman 14.4v charger
981481-001
43
Sony Car Charger
Car Chargers for Motorola Phones
Sony power adapter
Cf-aa1633A
lse9802a1255
110129
Dcc-L50
10063161692
AcL200c
count of 2
asus power station 2
a7nya8041642308
asus laptop stand
axis ps-l switching adapter
a8-a7nya80416530e
powerstation 2
sa106a-0512
Northern Telecom Adapter
power cables without
switch/adapter
aPC surgeprotector smart-ups
Tripp Lite Surge protector
Batteries
APC sealed, non spillable lead acid
battery
APC sealed, non spillable lead acid
battery
has sticky notebad
ad-4405c
count of 16
ws9932000268
9814by0sm659300279
9829by0sm659300060
9903cy0sm659300279
Serial Number
119
SU700bx120
smart 1200lcd
smart 1200lcd
City Identufucation
Part
Number
Number
885-4514a rev2
VCVRA-0510/HP
CN-0H4313-42940-48Q00K0/DELL
11S41A7716YVJ1BL75P33H/LEN
OVO
SERVICE TAG: 29PR2B1/DELL
ZZGEG8036ZZ5121/General
Dynamics
ZZGEG8036ZZ5152/General
Dynamics
CND63913HQ/HP
E2KWM3945ABG/DELL
E2K4965AGNM/DELL
3CQ231179D/HP
885-4514a
HDD pulled
HDD pulled
HDD pulled
HDD pulled
HDD pulled
HDD pulled
HDD pulled
HDD pulled
HDD pulled
HDD pulled
at library
23104618985/ACER
MXL1020N6M/HP
MXL1020N8G/HP
HDD pulled
HDD pulled
HDD pulled
MXOY1352476053C1BCBE/DELL
HDD pulled
CITY OF KYLE, TEXAS
Date time: 7:00 PM
Bunton Creek Subdivision Phase 1B
Approve a resolution accepting Bunton Creek Subdivision Phase 1B
improvements. - Leon Barba, P.E., City Engineer
Other Information:
A final walkthrough was completed on March 19, 2015. The punch list
items have been completed on the project. The street, drainage, water
and wastewater improvements have been constructed in substantial
accordance with the City's requirements. Record drawings have been
provided to the City. A Maintenance Bond (The Hartford - Bond No.
46BCSGZ8507) has been provided for a period of two (2) years.
Legal Notes:
N/A
Budget Information:
N/A
Bunton Creek Subdivision Phase 1B Acceptance
Cover Memo
CITY OF KYLE, TEXAS
Moreno Street Wastewater Crossing
Date time: 7:00 PM
Approve contract Task Order No. 2 to NEPTUNE-WILKINSON
ASSOCIATES, INC., Austin, Texas, in an amount not to exceed
$20,000.00 for the purpose of providing engineering services for the
Moreno Street Wastewater Improvements. - Leon Barba, P.E., City
Engineer
Other Information:
The scope of work under this task order provides plans, specifications
and bid documents to replace and enlarge a segment of gravity
wastewater line from Moreno St. continuing under the Union Pacific
Railroad and ending at Old Highway 81.
Legal Notes:
N/A
Budget Information:
Moreno St. Wastewater Improvements
Fiscal Note
Cover Memo
CITY OF KYLE, TEXAS
Southside Wastewater Line - Contract
Amendment No. 3 and 4
Date time: 7:00 PM
Approve Contract Amendments No. 3 and No. 4 with ESPEY
CONSULTANTS, INC. dba RPS, Austin, Texas, in an amount not to
exceed $226,922.00 for the purpose of providing additional
professional engineering services for design changes, bid and award
phase, construction phase and materials testing to the Southside
Wastewater Improvements Project. - Leon Barba, P.E., City Engineer.
Other Information:
Amendment No. 3 is needed due to major design changes resulting
from the acquisition process and negotiations with landowners.
1. Lift Station - New design for the relocated lift station.
2. Force Main - New design for 5,150 LF of force main.
3. Jack and Bore - Relocation of the two bores beneath IH35 and
one bore beneath UPRR.
4. Wastewater Main - Relocation of 5,460 LF of wastewater main.
The proposed revisions will require changes to almost all of the 103
plan sheets including all of the lift station, civil and electrical plans.
Amendment No. 4 is needed for the bid and award phase, construction
phase and for materials testing and electrical inspections.
Legal Notes:
N/A
Budget Information:
Southside Wastewater Line Contract Amendment No. 4
Fiscal Note
Southside Wastewater Line Contract Amendment No. 3
Cover Memo
CITY OF KYLE, TEXAS
Agreement with Civil Engineering
Consultants (CEC)
Date time: 7:00 PM
Approve a resolution authorizing the negotiation of an agreement with
CIVIL ENGINEERING CONSULTANTS (CEC) to provide
consulting services to provide a comprehensive street pavement
evaluation and assessment; providing that the meeting at which this
resolution was passed is open to the public in compliance with the
Open Meetings Act; providing an effective date; making findings of
fact; and providing for related matters herein. ~ Leon Barba, P.E., City
Engineer
Other Information:
A Request for Qualifications (RFQ) was issued on March 4, 2015
seeking qualified consultant services to provide a comprehensive street
condition assessment.
Nine (9) submittals were received in response to the RFQ prior to the
March 26, 2015 (noon) deadline.
Staff evaluated the proposals and is recommending the firm of Civil
Engineering Consultants (CEC) for City Council approval to provide
the pavement evaluation and assessment of approximately 118 center
line miles (360 lane miles) of city streets.
A contract will be negotiated with the selected firm and it will be
brought back to City Council for approval.
Legal Notes:
N/A
Budget Information:
A Fiscal Note will be prepared for the actual contract amount is
brought to the City Council for approval at a later date.
Resoluion
Evaluation and Assessment
Cover Memo
RESOLUTION NO.
A RESOLUTION OF THE CITY OF KYLE, TEXAS, AUTHORIZING THE CITY
MANAGER
TO
EXECUTE
AN
AGREEMENT
WITH
CIVIL
ENGINEERING CONSULTANTS (CEC), SAN ANTONIO,
TEXAS,
TO
PROVIDE
CONSULTING
SERVICES
TO
PROVIDE
A
COMPREHENSIVE
STREET
PAVEMENT
E V A L U A T I O N A N D A S S E S S M E N T ; MAKING FINDINGS OF FACT;
AND PROVIDING FOR RELATED MATTERS.
WHEREAS, the City of Kyle requested qualifications from professional engineering firms
to provide a comprehensive street pavement evaluation and assessment; and,
WHEREAS, the City desires to obtain professional design services from CEC;
WHEREAS, CEC, is qualified and capable of performing the professional engineering
services proposed herein and is willing to enter into an Agreement with the City of Kyle to
perform such services; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KYLE, TEXAS, THAT:
Section 1. Findings. The hereinabove recitals are hereby found to be true and correct and
are hereby adopted by the City Council and made a part hereof for all purposes as findings of
fact.
Section 2. Authorization. The city manager is hereby authorized to execute a
professional services agreement w i t h t h e f i r m f o r a c o m p r e h e n s i v e s t r e e t
pavement evaluation and assessment.
Section 3. Effective Date. This Resolution shall take effect from and after the date of its
passage as authorized by the Charter of the City of Kyle, Texas.
Section 4 . Open Meetings. It is hereby officially found and determined that the meeting
at which this Resolution was passed was open to the public as required and that public notice
of the time, place, and purpose of said meeting was given as required by the Open Meetings Act,
Chapter 551, Local Government Code.
PASSED AND APPROVED this _____ day of April, 2015.
ATTEST:
________________________________
___________________________
CITY OF KYLE, TEXAS
Date time: 7:00 PM
Executive Session
Pursuant to Chapter 551, Texas Government Code, the City Council
reserves the right to convene in Executive Session(s) from time to time
as deemed necessary during this meeting. The City Council may
convene into Executive Session to discuss any or all of the following
topics.
1. Pending or contemplated litigation or to seek the advice of the City
Attorney pursuant to Section 551.071
Properties not maintained by HOA's
Contract negotiation with other entity for utility services
Possible amendment to development agreement with utility
district
2. Possible purchase, exchange, lease, or value of real estate pursuant
to Section 551.072.
Regarding properties within the ETJ
Acquisition of ROW
3. Personnel matters pursuant to Section 551.074.
4. Economic development negotiations pursuant to Section 551.087.
Incentives for Economic Development prospects
Other Information:
Legal Notes:
Budget Information:
Cover Memo
Cover Memo
CITY OF KYLE, TEXAS
Date time: 7:00 PM
Executive Session: Reconvene
Take action on items discussed in Executive Session.
Other Information:
Legal Notes:
Budget Information:
Cover Memo
CITY OF KYLE, TEXAS
Circus Aguilar - Conditional Use
Permit
Date time: 7:00 PM
Consider a request by Circus Aguilar on behalf of Edward R. Coleman
for a Conditional Use Permit to hold a Circus open to the public from
May 14th - May 18th, 2015 on property located at 24801 IH-35
(Central Texas Speedway). CUP-15-002 ~ Debbie A.Guerra, Planning
Technician
Planning and Zoning Commission voted 6-0 to approve the conditional
use permit.
PUBLIC HEARING
Other Information:
The Circus Aguilar, on behalf of Edward R. Coleman, property owner,
is requesting a Conditional Use Permit to hold a Circus open to the
public from May 14th – May 18th at Central Texas Speedway, located
at 24801 N. IH-35.
Hours of operation:
Thursday, May 14th - (1) show at 8 pm
Friday, May 15th - (2) shows 5pm and 8pm
Saturday, May 16th - (3) shows 1:30pm, 5pm and 8pm
Sunday, May 17th - (3) shows 1:30pm, 5pm and 8pm
Monday, May 18th - (2) shows 5pm and 8pm
Event set up date – Wednesday, May 13th
Event tear down date – Tuesday, May 19th
Legal Notes:
Budget Information:
N/A
Project Location Map
Photos
Staff Memo
Cover Memo
MEMORANDUM
TO:
City Council
FROM:
Debbie A. Guerra, Planning Technician
DATE:
April 7, 2015
CONDITIONAL USE PERMIT
CIRCUS AGUILAR- 24801 IH-35
____________________________________________________________________
SUBJECT:
Planning & Zoning Commission voted 6-0 to approve the Conditional Use Permit.
Request:
The Circus Aguilar, on behalf of Edward R. Coleman, property owner, is requesting a
Conditional Use Permit to hold a Circus open to the public from May 14th – May 18th at Central
Texas Speedway, located at 24801 N. IH-35.
Hours of operation
Thursday, May 14th – (1) show at 8 pm
Friday, May 15th - ﴾2﴿ shows at 5pm and 8pm
Saturday, May 16th - ﴾3﴿ shows at 1:30pm, 5pm and 8pm
Sunday, May 17th - ﴾3﴿ shows at 1:30pm, 5pm and 8pm
Monday, May 18th - ﴾2﴿ shows at 5pm and 8pm
Event set up date – Wednesday, May 13th
Event tear down date – Tuesday, May 19th
Code Requirement
Sec. 53-1046. - Purpose.
The city council may by ordinance, adopted by four affirmative votes after receiving the
recommendation of the commission, grant a conditional use permit in compliance with this
division for the conditional uses as listed in section 53-1047. The city council may impose
appropriate conditions and safeguards, including a specified period of time for the permit, to
protect the comprehensive plan and to conserve and protect property and property values in the
neighborhood.
Sec. 53-1047. - Authorized conditional uses.
The following listed conditional uses, and none other, may be authorized subject to the terms of
this section and compliance with all conditional terms, regulations and requirements established
by the city council:
(1) Heliport in CM, W and PUD districts only;
(2) Municipal service facilities and buildings in all districts;
(3) Circus or carnival; but not within 300 feet of any residential district;
(4) Privately operated community building or recreation field in all districts;
(5) Telephone, radio or television broadcasting tower or station in T, CM, W and PUD districts
only;
(6) Churches in all districts where not otherwise specifically permitted;
(7) Cemeteries in A, TU, E, CBD-2, RS, W, CM, or PUD districts;
(8) Schools, public and denominational, but not day care in all districts where not otherwise
specifically permitted;
(9) Manufactured homes in the limited areas as specifically authorized by this chapter;
(10) Quarry operations are permitted in the CM district as conditional uses, subject to the
requirements in division 2 of this article;
(11) The specific manufacturing and warehouse uses set forth in the table in section 53-1106
may be permitted as provided in division 3 in this article; and
(12) RV sales in the RS district within the I-35 overlay district only.
Sec. 53-1048. - Procedure.
Before authorization of any of the conditional uses authorized in section 53-1047, public notice
shall be given and public hearings shall be held as provided in V.T.C.A., Local Government
Code Ch. 211; provided that a conditional use permit for a period not to exceed seven calendar
days may be given for a use set forth in section 53-1047(3) after a public hearing is held by the
city council after having received recommendation from the planning and zoning commission
concerning the effect of the proposed use on the adjacent and neighboring properties and
neighborhoods.
STAFF RECOMMENDATION:
The applicant has provided a timeline of events for your review (attached to this staff report).
After reviewing the request it appears that this event will not have an adverse impact on the
surrounding properties. Staff is recommending approval of the request.
Project Location
Circus Aguilar
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IL
RI
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IH 35
ED
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0
RD
250
500
Feet
1,000
Project
Location
Parcel Lines
CITY OF KYLE, TEXAS
Date time: 7:00 PM
Torres - Zoning
(First Reading) An ordinance amending Chapter 53 (Zoning) of the
City of Kyle, Texas, for the purpose of rezoning Lot 15 of Kyle
Industrial Park (approximately 0.792 acres) from Commercial-2 "C-2"
to Warehouse "W" and to assign original zoning to Lot 16
(approximately 1.175 acres) and Lot 17 (approximately 1.05) of Kyle
Industrial Park from Agriculture "AG" to Warehouse "W", on property
located on Kyle Crossing and south of Kohler's Crossing, in Hays
County, Texas. (Joe and Katherine Torres, Z-14-020). ~ Debbie A.
Guerra, Planning Technician
Planning and Zoning Commission voted 6-0 to approve the request.
PUBLIC HEARING
Other Information:
Owner/Applicant: Joe and Katherine Torres
Location: Kyle Industrial Park (Kyle Crossing south of Kohler's
Crossing)
Area: Lot 15 (approx. 0.792 acres) Lot 16 (approx. 1.175) Lot 17
(approx. 1.05)
Existing Zoning: Lot 15 - Commercial 2 "C2" / Lot 16 & 17
Agriculture "AG"
Proposed Zoning: Warehouse "W"
Site Information:
Transportation: The subject Property is located on the east side of
Kyle Crossing, 1000 feet south of Kohler's Crossing. Access from IH35 is prohibited unless special permission is granted from TXDOT.
Surrounding Zoning:
North: Agriculture, (and R/S, north of Kohler's Crossing)
South: Warehouse, R/S and Agriculture
East: IH-35
West: Retail Service, LI (Plum Creek - Light Industrial) and
Warehouse
Cover Memo
Future Land Use Designation: New Town District
Utilities: There are no water or waste-water lines currently serving this
site.
Public Input:
Notice of the proposed change was sent to property owners within 200'
of the subject property. The Planning Department received one email
of opposition and two phone calls asking for additional information
regarding the proposed rezone. Under the new notification
requirements a sign was also posted on the site.
Staff Analysis:
The subject property is located within the Kyle Industrial Park that is
comprised of 18 total lots. The applicant is seeking to rezone Lot 15
from Commercial 2 to Warehouse and Lots 16 and 17 from Agriculture
to Warehouse in order to provide a storage facility.
Comprehensive Plan Guidance:
The New Town District is designed to contain a horizontal mix of land
uses that should be integrated across the area to express a cohesive
community form. Many differing uses are encouraged throughout the
district, but are distributed in independent land parcels instead of
vertically aggregated in fewer land parcels. As it is with the
Comprehensive Plan Retail Services serves as a Conditional Use
within the District.
Proposed Zoning District:
The warehouse district is designed to provide locations for outlets
offering goods and services to a targeted segment of the general public
as well as industrial users. The permitted uses include those that
primarily serve other commercial and industrial enterprises. No
building or land shall be used, and no building hereafter shall be
erected, maintained, or structurally altered, except for an allowed use.
The conditions and limitations on uses in the Warehouse District are as
follows:
(1) The use is conducted primarily within an enclosed building or
screened area, except for the customary outdoor activities for the
specific use listed.
(2) The use is not objectionable because of odor, excessive light,
smoke, dust, noise, vibration or similar nuisance: and that such odor,
smoke, dust, noise or vibration at the property line does not exceed the
permitted levels established by ordinance.
(3) Signs (advertising) must be in compliance with all applicable
ordinances.
(4) Establishments located on property that is within 300 feet of any
property zoned for a residential use when the commercial use is first
established may not to be open to the general public before 6:00Cover
a.m.Memo
and must be closed to the general public by 10:00 p.m.
Analysis:
The subject lot is located within the Kyle Industrial Park Subdivision.
The lot is identified as Lot 15, 16 and 17 with a total area of 3.017
acres. The plat identifies a 60 foot R.O.W. - Bunny Cove, that remains
undeveloped and shows to serve lots 12 through 18 as a cul-de-sac.
Staff has reviewed the request for consistency with the Comprehensive
Plan and has made the following comments:
Build-out of Bunny Cove must be completed for access to
remaining lots.
The proposed zoning change is Conditional within the
Comprehensive Master Plan.
Legal Notes:
Budget Information:
N/A
Email of Opposition
Project Location Map
Ordinance with Exhibits A & B
Staff Memo
Cover Memo
April 7, 2015
City Council
Zoning
Case Number: Z-14-020
The Planning and Zoning Commission voted 6-0 to approve the request.
OWNER/APPLICANT: Joe and Katherine Torres
LOCATION: Kyle Industrial Park (Kyle Crossing south of Kohler’s Crossing)
AREA: Lot 15 (approx. 0.792 acres), Lot 16 (approx. 1.175), Lot 17 (approx. 1.05)
PROPOSED CITY COUNCIL HEARINGS:
First Reading: April 7, 2015
Second Reading: April 21, 2015
EXISTING ZONING: Lot 15 – Commercial-2 “C2” / Lot 16 & 17 Agriculture “AG”
PROPOSED ZONING: Warehouse District “W”
SITE INFORMATION:
Transportation: The subject property is located on the east side of Kyle Crossing, 1000 feet
south of Kohler’s Crossing. Access from IH 35 is prohibited unless special permission is granted
from TXDOT.
Surrounding Zoning:
o
o
o
o
North: Agriculture, (and R/S, north of Kohler’s Crossing)
South: Warehouse, R/S and Agriculture
East: IH-35
West: RS Retail Service, District LI (Plum Creek – Light Industrial) and Warehouse
Future Land Use Designation: New Town District
Utilities: There are no water or wastewater lines currently serving this site.
PUBLIC INPUT:
Notice of the proposed change was sent to property owners within 200’ of the subject property.
The Planning Department received one email of opposition for the request and two phone calls
asking for additional information regarding the proposed rezone. Under the new notification
requirements a sign was also posted on the site.
April 7, 2015
City Council
Zoning
STAFF ANALYSIS:
Background
The subject property is located within the Kyle Industrial Park that is comprised of 18 total lots.
The applicant is seeking to rezone Lot 15 from Commercial-2 to Warehouse and Lots 16 and 17
from Agriculture to Warehouse in order to provide a storage facility.
Comprehensive Plan Guidance
The New Town District is designed to contain a horizontal mix of land uses that should be
integrated across the area to express a cohesive community form. Many differing uses are
encouraged throughout the district, but are distributed in independent land parcels instead of
vertically aggregated in fewer land parcels. As it is with the Comprehensive Plan Retail Services
serves as a Conditional Use within the District.
Proposed Zoning District
The warehouse district is designed to provide locations for outlets offering goods and services to
a targeted segment of the general public as well as industrial users. The permitted uses include
those that primarily serve other commercial and industrial enterprises. No building or land shall
be used, and no building hereafter shall be erected, maintained, or structurally altered, except for
an allowed use. The conditions and limitations on uses in the Warehouse district are as follows:
(1) The use is conducted primarily within an enclosed building or screened area, except
for the customary outdoor activities for the specific use listed.
(2) The use is not objectionable because of odor, excessive light, smoke, dust, noise,
vibration or similar nuisance; and that such odor, smoke, dust, noise or vibration at the
property line does not exceed the permitted levels established by ordinance.
(3) Signs (advertising) must be in compliance with all applicable ordinances.
(4) Establishments located on property that is within 300 feet of any property zoned for a
residential use when the commercial use is first established may not to be open to the
general public before 6:00 a.m. and must be closed to the general public by 10:00 p.m.
Analysis
The subject lot is located within the Kyle Industrial Park Subdivision. The lot is identified as
Lots 15, 16 and 17 with a total area of 3.017 acres. The plat identifies a 60 foot R.O.W – Bunny
Cove, that remains undeveloped and shows to serve lots 12 through 18 as a cul-de-sac.
April 7, 2015
City Council
Zoning
Staff has reviewed the request for consistency with the Comprehensive Plan and has made the
following comments:
Build-out of Bunny Cove must be completed for access to remaining lots.
The proposed zoning change is conditional within the comprehensive master plan.
Project Location
Z-14-020
EVO
/
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Stri tsky's
lo
Sch
35
KYLE XING
KOHLERS XING
IH
Future
Auto Repair
Shop
Mat
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Pro on Ga
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.
0
250
500
Feet
1,000
Project
Location
Parcel Lines
4/1/2015
zoning case Z14020 Debbie Guerra
zoning case Z‐14‐020
[email protected]
Wed 4/1/2015 9:52 AM
Inbox
To: [email protected]
<[email protected]>;
I am writing to protest the proposed zoning/rezoning of three parcels of land between I35 and Dry Hole Road from AG and C2
to W (warehouse). Located in the New Town District, W is "conditional" which states that "design improvements shall be made to ensure
compliance with intent and character objectives of the New Town District." (p. 147)
According to the Comprehensive Plan, "the purpose of the New Town District is to harness economic development potential and
establish its position as the sustainable center of surrounding growth. This District should provide economic support to Kyle
based on locational advantages gained by access to growth advancing from south Austin and nodal developments on the
northern side of Kyle. Mixeduse development should be encouraged, not only permitted, to maximize economic development."
While there is currently one parcel zoned W to the south, it is an isolated property within a thin stretch of property currently zoned
AG along the I35 access road. Warehouse is not an appropriate zoning category to maximize economic development potential
along the interstate frontage. In order for the City to maximize potential sales tax revenues, Warehouse zoning should be
avoided along the I35 corridor. There are other parcels zoned Warehouse and light Industrial to the west, but these are located along Kohler's Crossing away
from the I35 Corridor. Among the types of businesses that can be located in the "W" zoning category are: wrecker yards, mens clubs (and there are no
churches or residences located within 2000') and, yes, storage units as what the applicant has claimed. There was another
parcel just to the north of the Amberwood subdivision that was rezoned to W some years ago ostensibly for storage units. Those
were never constructed. Today, it is used as a junk car yard. Please remember that zoning is discretionary. And that once a
zoning designation is given, the applicant is free to do whatever they want with the property within the "W" category. Regardless
of what they promised the city at the time of the rezoning application.
Thank you for your consideration.
Lila Knight
https://outlook.office365.com/owa/projection.aspx
1/1
CITY OF KYLE, TEXAS
Cinco de Mayo
Date time: 7:00 PM
Authorize an expenditure from the Hotel Occupancy Tax Fund in an
amount not to exceed $2,500 to fund in-kind contributions in support
of the Cinco de Mayo Fiesta scheduled for May 2, 2015, as requested
by Hays Fiesta, Sylvia Gallo. ~ Jerry Hendrix, Chief of Staff
Other Information:
The basis for this request from the citizens that are planning the event
is based upon the city's partnership with the event.
Legal Notes:
Budget Information:
A budget amendment is required to appropriate $2,500.00 in the Hotel
Occupancy Tax Fund. Please refer to Budget Amendment No. 3
included for City Council consideration and authorization on April 7,
2015.
Sponsorship Letter
Map
Cover Memo
East side of Burleson Rd and
Parking here Closed for this event
STAGE
SOUND
SYSTEMS
BEER
SALES
FAMILY FUN AREA
Main Street
East side of Main Street Closed and
Parking here Closed for this event
Center Street
Center Street
CITY OF KYLE, TEXAS
Date time: 7:00 PM
General Discussion
Discussion only regarding council requests for future agenda items.
Other Information:
Legal Notes:
Budget Information:
Cover Memo
CITY OF KYLE, TEXAS
Date time: 7:00 PM
Update on Granicus
Update on Granicus. ~ Jerry Hendrix, Chief of Staff
Other Information:
Legal Notes:
Budget Information:
Cover Memo
CITY OF KYLE, TEXAS
Date time: 7:00 PM
Approved travel for Council Members
Discussion and possible action of City Council approved travel for
council members. ~ Todd Webster, Mayor
Other Information:
Legal Notes:
Budget Information:
Council Travel Budget
Cover Memo
CITY OF KYLE, TEXAS
Date time: 7:00 PM
City Charter Discussion
Discussion and possible action regarding requesting the Charter
Review Commission to review certain provisions and sections of the
Charter ~ Mayor Todd Webster
Other Information:
Legal Notes:
Budget Information:
Cover Memo
CITY OF KYLE, TEXAS
Date time: 7:00 PM
City Managers Report
Update on various capital improvement projects, road projects,
building program, and/or general operational activities. ~ J. Scott
Sellers, City Manager
Budget retreat update
Letter of support for FM 1626 widening
Other Information:
Legal Notes:
Budget Information:
Cover Memo

City Council Meeting Agenda with attachments, 4-7-15

Transcription

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