2013 City of Kyle Departmental Goals [PDF]

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 2/19/2013, at Kyle City Hall, 100 West Center Street, Kyle, Texas for the purpose of discussing the following agenda. Posted this 14th day of February, 2013 prior to 7:00 p.m. I. II.

Call Meeting To Order Approval of Minutes 1. City Council Special Called Meeting - January 29, 2013 ~ Amelia Sanchez, City Secretary Attachments 2. City Council Regular Meeting - February 5, 2013 ~ 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 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. IV. Appointments 3. Consideration of Nominations for Appointment to the Strategic Planning & Finance Committee ~ Lucy Johnson, Mayor Thomas Brown - Place 4, District 4, Term to Expire 9/30/2014 David Rabago - Place 7, At Large, Term to Expire 9/30/2015 Jeff Hatala - Place 7, At Large Alternate Attachments V.

Consent Agenda 4. (Second Reading) AN ORDINANCE OF THE CITY OF KYLE, TEXAS ORDERING THE MAY 11, 2013 GENERAL ELECTION AND ESTABLISHING THE PROCEDURE THEREFORE, AND PROVIDING FOR

RELATED MATTERS ~ Amelia Sanchez, City Secretary Attachments 5. Plum Creek Phase 1 Section 11J - Preliminary Plan (PP-12-005) 20.864 acres; 1 Commercial Lot Located southwest of the intersection of Kohler's Crossing and FM 1626 adjacent to the Plum Creek Golf Course Driving Range Owner: Plum Creek Development Partners, Ltd. Agent: Alan Rhames, P.E., Axiom Engineers Inc. ~ Sofia elson, Director of Planning The Planning and Zoning Commission voted 6-0 to approve the preliminary plan. Attachments 6. Plum Creek Phase 1 Section 11J - Final Plat (FP-12-007) 20.864 acres; 1 Commercial Lot Located southwest of the intersection of Kohler's Crossing and FM 1626 adjacent to the Plum Creek Golf Course Driving Range Owner: Plum Creek Development Partners, Ltd. Agent: Alan Rhames, P.E., Axiom Engineers Inc. ~ Sofia elson, Director of Planning The Planning and Zoning Commission voted 6-0 to approve the final plat.

Attachments 7. Authorize award and execution of a Purchase Order to EWING IRRIGATION, of Austin, Texas, in an amount not exceed $8,400.00 for the materials needed to replace and repair the existing landscape irrigation system in Mary Kyle Hartson City Square Park. ~ Kerry Urbanowicz, Director of Parks & Recreation Attachments 8. Possible action regarding finding 12 boxes of used VHS tapes and 1 box of used books to be of little to no value, and directing the Library Director to dispose of the used surplus by gifting it to the Library Thrift Shop where they can be liquidated and or disposed of ~ Connie Brooks, Director of Public Library Attachments 9. Authorize award and execution of a 60-month lease agreement with TLC OFFICE SYSTEMS of Houston, Texas in an amount not to exceed $488.32 per month or $29,299.20 for the term of the lease plus any excess use charges for three (3) color copiers for the Kyle Police Department. ~ Mark Shellard, Director of Information Technology

Attachments VI.

Consider and Possible Action 10. Conduct a public hearing to obtain citizen comments on the issuance of City of Kyle, Texas, General Obligation Refunding Bonds, Series 2013 in an amount not to exceed $14,500,000 to refund a portion of its outstanding Combination Tax and Revenue Certificates, Series 2007 and to refund prior to scheduled maturity all of its State Infrastructure Bank Loan Agreement Number II originally entered into by the City in August, 2009. The purpose of the refunding is to provide debt service savings to the City. Related to Agenda Item "o. 11 ~ Perwez A. Moheet, CPA, Director of Finance Attachments 11. Approve an Ordinance authorizing the issuance of City of Kyle, Texas, General Obligation Refunding Bonds, Series 2013 in an amount not to exceed $14,500,000 to refund a portion of its outstanding Combination Tax and Revenue Certificates, Series 2007 and to refund prior to scheduled maturity all of its State Infrastructure Bank Loan Agreement Number II originally entered into by the City in August, 2009. The purpose of the refunding is to provide debt service savings to the City. Related to Agenda Item "o. 10 ~ Perwez A. Moheet, CPA, Director of Finance Attachments 12. Presentation and acceptance of City of Kyle's first Comprehensive Annual Financial Report (CAFR) and the Independent Auditors' Report for the Fiscal Year Ended September 30, 2012. ~ Perwez A. Moheet, CPA, Director of Finance and Dan Shaner, CPA, Partner, Atchley & Associates, Certified Public Accountants. Attachments 13. (Second Reading and Public Hearing) APPROVE AN ORDINANCE CALLING A BOND ELECTION TO BE HELD WITHIN THE CITY OF KYLE, TEXAS, MAKING PROVISION FOR THE CONDUCT AND GIVING NOTICE OF SAID ELECTION; PROVIDING FOR THE COMBINING OF THE BOND ELECTION IN CONJUNCTION WITH THE GENERAL ELECTION; AUTHORIZING A JOINT ELECTION WITH OTHER ENTITIES HOLDING ELECTIONS ON THE SAME DATE IN THE TERRITORY OF THE CITY; AND CONTAINING OTHER PROVISIONS NECESSARY AND INCIDENTAL TO THE PURPOSES HEREOF ~ Julian Grant, City Attorney Public Hearing Attachments 14. AUTHORIZE THE CITY MANAGER TO FILE A GRANT APPLICATION IN THE AMOUNT OF $37,621 TO THE OFFICE OF THE GOVERNOR, VIOLENT CRIMES AGAINST WOMEN CRIMINAL JUSTICE AND TRAINING PROJECTS GRANT; AND AUTHORIZE $20,258 IN MATCHING FUNDS FROM THE POLICE DEPARTMENT’S APPROVED OPERATING BUDGET FOR FY2013-2014, TO CONTINUE TO FUND THE POLICE

DEPARTMENT’S FULL-TIME, VICTIM’S COORDINATOR POSITION FOR A SECOND YEAR ENDING AUGUST 31, 2014 ~ Joshua Moreno, Grants Administrator Attachments 15. Discussion and Possible Action Authorizing the Planning & Zoning Commission to Review and make Recommendation regarding the Plum Creek Planned Unit Development (PUD) ~ Lucy Johnson, Mayor Attachments 16. Consideration and Possible Action regarding the Awarding of Community Support Grant Funds for FY 2012-2013 ~ Jerry Hendrix, Director of Community Development Attachments 17. Approval of the final agreed judgment between City and BSEADC remanding the case from the Hays County District Court to the BSEADC board for a hearing of limited scope based upon the Court's prior ruling, dealing with the City's petition for use of additional water ~ Julian Grant, City Attorney Attachments VII. City Managers Report 18. Update on Various Capital Improvement Projects, Road Projects, Building Program, and/or General Operational Activities ~ Lanny Lambert, City Manager Discussion of Joint City Council/P&Z Meeting on March 12, 2013 at 6:30 p.m. Discussion of Naming of Public Facilities Policy Discussion of City Goals for 2013 Discussion of Intersection of Kohler's Crossing & FM 1626 Attachments VIII. Executive Session 19. Convene into Executive Session pursuant to Tex. Gov't. Code, § 551.071, Consultation with City Attorney regarding litigation update, City of Kyle v. Barton Springs-Edwards Aquifer Conservation District Attachments 20. Reconvene Into Public Session and take action as appropriate in the Council's discretion regarding litigation update, City of Kyle v. Barton Springs-Edwards Aquifer Conservation District Attachments

IX.

ADJOUR"

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 City Council Special Called Meeting January 29, 2013

Meeting Date: 2/19/2013 Date time: 7:00 PM

Subject/Recommendation:

City Council Special Called Meeting - January 29, 2013 ~ Amelia Sanchez, City Secretary

Other Information:

This item is for formal approval of the minutes from the January 29th Special Called Meeting of the City Council, a copy of which is included with the meeting packet.

Budget Information:

N/A

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Attachments / click to download City Council Special Called Meeting Minutes - January 29, 2013

Cover Memo

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SPECIAL CITY COUNCIL MEETING The City Council of the City of Kyle, Texas met in Special Session on January 29, 2013 at 7:00 pm at Kyle City Hall, with the following persons present: Mayor Lucy Johnson Mayor Pro Tem Diane Hervol Council Member Becky Selbera Council Member Samantha LeMense Council Member Ray Bryant Council Member Brad Pickett Council Member David Wilson Lanny Lambert, City Manager Perwez Moheet, Finance Director Julian Grant, City Attorney Steven Widacki, City Engineer Mark Shellard, IT Director

Mike Fulton Junior Birbalsingh Janine Smalley Michael Torres Jeff Barton David Snyder Merle John Adkins Gail Miester Lucy Kirkby Ivana Flowers Joe Bacon

CALL MEETING TO ORDER Mayor Johnson called the meeting to order at 7:00 pm. ROLL CALL Mayor Johnson called for roll call. Present were Mayor Johnson, Mayor Pro Tem Hervol Council Members LeMense, Selbera, Bryant, Pickett, and Wilson. CITIZEN COMMENT PERIOD WITH CITY COUNCIL Mayor Johnson opened the citizens comment period at 7:01 pm and called for comments on items not on the agenda or posted for public hearing. Mike Fulton spoke and asked the Council to please put all the roads into one bond package and that if the city waits in 5 or 10 years there will be different roads that will need repair. Junior Birbalsingh spoke and stated that he had questions, and asked if Council drove on those roads and who was in charge of repairs to the roads and that they needed to see these roads. Janine Smalley spoke and stated that she was aware that some of the Council was worried about the cost impact to the citizens, but they should consider the cost of not doing anything and the safety of the children, along with the wear and tear on people's vehicles. Michael Torres spoke and stated that he came here from El Paso and the roads were pretty much the same as in Kyle. He stated that although the increases for the residents was significant in the long run it would be a good investment. Jeff Barton spoke and wanted to commend the Council and the Citizens Committees for all their hard work that they have done on behalf of Kyle working towards the bond election . He asked the Council to put roads and effort into large context, and to think about capital improvements and long term transportation plans. David Snyder spoke and stated that his concern as he was looking at

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CITY COUNCIL SPECIAL MEETING January 29, 2013 – Page 2 Kyle City Hall the financing was that finance rates are as low as they are ever going to get and not going to get cheaper to do this in terms of financing. Merle (did not get last name ) stated that he was for all 5 roads but that there would be more spending later on other roads and sidewalks and so he asked to try to keep all the new bonds related to safety for the kids and for roads and that he didn't want to see what he called fluffy projects. With no one else wishing to speak Mayor Johnson closed the public hearing at 7:18 pm. CONSIDER AND POSSIBLE ACTION CONSIDER MOBILITY COMMITTEE RECOMMENDATION ON ROAD BOND ELECTION AND TAKE ACTION TO DIRECT STAFF TO PREPARE ORDINANCE/RESOLUTION CALLING SAID ELECTION ~ STEVE D. WIDACKI, P.E., CITY E GI EER Mayor Johnson stated that this was not the last or only vote on the bond election and that they would be voting on the ordinance in February and taking this vote to facilitate the writing of the ordinance language along with the ballot language. She stated that Julian Grant, the City Attorney needed Council to give him directions on which option they will choose in order for him to write the ballot language so that they can vote on whether or not to move forward in February. Mayor Johnson stated that present tonight was the Chair for the Mobility Committee, John Adkins and that Council would like to hear some of the results from the meetings held the last two Saturdays. Chairman of the Mobility Committee John Adkins spoke and stated that he was for option 1 to do all the 5 roads for the safety of all citizens. He stated that from the emails the committee has received and citizens that have spoken at the meetings for the last year option 1 is the way to go and ask the Council to choose option 1. Vice Chair Gail Miester spoke and stated that from the information gathered from surveys done, (she passed around copies of the surveys) and the Saturday sessions, the citizens want all 5 roads done and stated that Council needed to give the citizens the choice and that she also recommended option 1. Committee Member Lucy Kirkby spoke and stated she is a resident, bus driver, and homeowner in Kyle and has experienced hazardous roads and understands money is tight but the roads are needed and asked that they build all 5 roads. Committee Member Ivana Flowers spoke and stated that they had gotten a lot of information and studied it for months and wanted to thank staff for providing information and even driving them around town. She also recommended all 5 roads and giving the citizens the opportunity to choose. Committee Member Joe Bacon also spoke and handed out copies of brief summary of the surveys. He stated that these 5 roads came from the citizens and that they focused on these roads because it came from the citizens. He stated that Finance had given them the numbers and that the citizens saw the numbers. He asked the Council to put all 5 roads on the ballot and let the citizens decide and that infrastructure and safety were key. He stated everyone understood about the financial challenges the Council

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faced, but that Council first needed to put option 1 on the ballot and once passed keep the citizens informed. CITY COUNCIL SPECIAL MEETING January 29, 2013 – Page 3 Kyle City Hall Council Member Pickett moved to approve option 1 as recommended by the Mobility Committee as 1 proposition. Council Member Bryant seconds the motion. Mayor Johnson called for a roll call vote. Mayor Pro Tem Hervol, aye, Council Member LeMense, aye, Council Member Selbera, aye, Mayor Johnson, aye, Council Member Bryant, aye, Council Member Pickett, aye, and Council Member Wilson, aye. Motion carried. Council Member LeMense moved to create an ordinance to allow for public hearings with the limiting language of allowing savings to be used but not to cut into the budget of other projects. Council Member LeMense moved to write an ordinance to put forward this bond allowing savings to go to projects if they go over budget and if all projects are realized the savings to back to the annual payment of debt. Council Member Bryant seconds the motion. All votes aye. Motion carried. ADJOURN With no further business to discuss Council Member Selbera moves to adjourn. Council Member LeMense seconds the motion. All votes aye. Motion carried. The City Council meeting adjourned at 8:24 pm.

_____________________________ Lucy Johnson, Mayor

__________________________ Amelia Sanchez, City Secretary

Item # 1

CITY OF KYLE, TEXAS City Council Regular Meeting February 5, 2013

Meeting Date: 2/19/2013 Date time: 7:00 PM

Subject/Recommendation:

City Council Regular Meeting - February 5, 2013 ~ Amelia Sanchez, City Secretary

Other Information:

This item is for formal approval of the minutes from the February 5th Regular Meeting of the City Council, a copy of which is included with the meeting packet.

Budget Information:

N/A

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Attachments / click to download City Council Regular Meeting Minutes - February 5, 2013

Cover Memo

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REGULAR CITY COUNCIL MEETING The City Council of the City of Kyle, Texas met in Regular Session on February 5, 2013 at 7:00 pm at Kyle City Hall, with the following persons present: Mayor Lucy Johnson Mayor Pro Tem Diane Hervol Council Member Samantha LeMense Council Member Becky Selbera Council Member Ray Bryant Council Member David Wilson Lanny Lambert, City Manager James Earp, Assistant City Manager Jerry Hendrix, Director of Communications Perwez Moheet, Finance Director Steven Wadacki, City Engineer Diana Blank, Director Economic Development Sofia Nelson, Director of Planning Connie Brooks, Library Director Chief Barnett, Police Chief Mark Shellard, IT Director Julian Grant, City Attorney CALL MEETING TO ORDER Mayor Johnson called the meeting to order at 7:01 P.M. ROLL CALL Mayor Johnson called for roll call. Present were Mayor Johnson, Mayor Pro Tem Hervol, Council Members LeMense, Selbera, Bryant, and Wilson. Mayor Johnson stated that Council Member Pickett's was running late but would arrive shortly. APPROVAL OF MINUTES CITY COUNCIL REGULAR MEETING - JANUARY 15, 2013 ~ AMELIA SANCHEZ, CITY SECRETARY CITY COUNCIL SPECIAL CALLED MEETING - JANUARY 22, 2013 ~ AMELIA SA CHEZ, CITY SECRETARY Mayor Pro Tem Hervol moved to approve the January 15, 2013 City Council Regular Meeting Minutes, and to approve the City Council Special Called Meeting Minutes of January 22, 2013. Council Member Bryant seconds the motion. All aye. Motion carried. Item # 2

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CITY COUNCIL REGULAR MEETING February 5, 2013 – Page 2 Kyle City Hall CITIZEN COMMENT PERIOD WITH CITY COUNCIL Mayor Johnson opened the citizens comment period at 7:04 pm and called for comments on items not on the agenda or posted for public hearing. Sam Rauscher spoke and stated that Kyle City Hall needed an automatic door for people bound to wheelchairs and who want to be independant. With no one wishing to speak, Mayor Johnson closed the public hearing at 7:02 pm. PRESENTATION PRESENTATION OF EMPLOYEE OF THE MONTH FOR THE MONTH OF JANUARY ~ LA Y LAMBERT, CITY MA AGER Lanny Lambert, City Manager presented the Information Technology Team: Mark Shellard-Director of Information Technology, Robert Olvera and Sally Kachoris-IT Systems Technicians as Employees of the Month. Mayor Johnson skips to Item #5. PROCLAMATIONS PROCLAMATION OF THE CITY OF KYLE, TEXAS PROCLAIMING FEBRUARY 5, 2013 AS "BOB BARTON DAY" IN THE CITY OF KYLE, TEXAS ~ DAVID WILSO , COU CIL MEMBER DISTRICT 4 Mayor Johnson invited the Council to join her in the presentation and asked Mrs. Barton, and other members of the Barton family to come up. Mayor Johnson stated that Cicely Kay, a life long Kyle resident and a member of the Planning and Zoning Commission went out of her way and made sure the flag that was flying over our state capital would be given to the Barton Family, and Mayor Johnson also gave Mrs. Barton the official ticket of the inauguration that Bob Barton had attended. APPOINTMENTS CONSIDERATION OF NOMINATION(S) FOR APPOINTMENT TO THE KYLE DEPOT BOARD ~ LUCY JOH SO , MAYOR • • • • •

Kate Johnson, Reappointment Don Franke, Reappointment Brenda Stewart, Reappointment Angie Chapa, Reappointment Diane Hervol, City Council Liaison Item # 2

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CITY COUNCIL REGULAR MEETING February 5, 2013 – Page 3 Kyle City Hall Mayor Johnson stated that she would recuse herself from item #6 and Mayor Pro Tem Hervol took over. Council Member Selbera moves to approve the re-appointment of Kate Johnson, Don Franke, Brenda Stewart, Angie Chapa and City Council Liaison Diane Hervol to the Kyle Depot Board. Council Member Wilson seconds the motion. All aye. Motion carried. Mayor Johnson returns to the dais after the vote. CONSENT AGENDA KENSINGTON TRAILS SECTION 5 - PRELIMINARY PLAN (PP-12-006) 36.04 ACRES; 119 LOTS; LOCATION: 2200 BLOCK OF BEBEE ROAD, EAST END OF DOWNING WAY; APPLICANT: KENSINGTON PLACE VENTURES, LTD. AGENT: HUGO ELIZONDO, JR., P.E., CUATRO CONSULTANTS ~SOFIA NELSON, DIRECTOR OF PLANNING Planning and Zoning Commission voted 7-0 to Statutorily Disapprove the plan KENSINGTON TRAILS SUBDIVISION SECTION 5A - FINAL PLAT (FP-13-001) 12.11 ACRES; 38 LOTS; LOCATION: EAST END OF DOWNING WAY APPLICANT: KENSINGTON PLACE VENTURES, LTD. AGENT: HUGO ELIZONDO, JR., P.E., CUATRO CONSULTANTS ~SOFIA NELSON, DIRECTOR OF PLANNING Planning and Zoning Commission voted 7-0 to Statutorily Disapprove the plat OLD POST SUBDIVISION (AFP-13-002)1.18 ACRES; 1 LOT LOCATION: 24321 IH-35 (OLD POST ROAD & IH-35 FRONTAGE) APPLICANT: HSF INVESTMENTS, LTD. AGENT: DIANE BERNAL / MIRZA T. BAIG, PROFESSIONAL STRUCIVIL, ENGINEERS, INC. ~SOFIA NELSON, DIRECTOR OF PLANNING Planning and Zoning Commission voted 7-0 to Statutorily Disapprove the plat PLUM CREEK PHASE 1 SECTION 6 2-2 FINAL PLAT (FP-12-010) 4.705 ACRES; 28 LOTS; LOCATION: 2000 BLOCK OF HERZOG APPLICANT: PLUM CREEK DEVELOPMENT PARTNERS, LTD. AGENT: ALAN RHAMES, P.E., AXIOM ENGINEERS, INC. ~SOFIA NELSON, DIRECTOR OF PLANNING

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Planning and Zoning Commission voted 7-0 to Statutorily Disapprove the plat CITY COUNCIL REGULAR MEETING February 5, 2013 – Page 4 Kyle City Hall PLUM CREEK PHASE 1 SECTION 6E 2-2 PRELIMINARY PLAN (PP-12-007)4.705 ACRES; 28 LOTS; LOCATION: 2000 BLOCK OF HERZOG; APPLICANT: PLUM CREEK DEVELOPMENT PARTNERS, LTD.; AGENT: ALAN RHAMES, P.E., AXIOM ENGINEERS, INC. ~SOFIA NELSON, DIRECTOR OF PLANNING Planning and Zoning Commission voted 7-0 to Statutorily Disapprove the plat ROJO SUBDIVISION (FP-13-002) 15.00 ACRES; 5 LOTS; LOCATION: 1626 ROLAND LANE; APPLICANT: DANIEL RIVERA; AGENT: MAURICIO QUINTERO-RANGEL ~SOFIA NELSON, DIRECTOR OF PLANNING Planning and Zoning Commission voted 7-0 to Statutorily Disapprove the plat SETON HAYS SUBDIVISION REPLAT OF LOT 1, BLOCK B AMENDED PLAT OF LOT 1F AND LOT 1G, BLOCK B (AFP-13-001)1.365 ACRES; 2 LOTS; LOCATION: 20389 & 20417 IH-35; APPLICANT: HORIZONS LAND COMPANY, LLC AGENT: JOE FARIAS, BURY + PARTNERS, INC. ~SOFIA NELSON, DIRECTOR OF PLANNING Planning and Zoning Commission voted 7-0 to Statutorily Disapprove the plat SOUTHBEND ONE RESUBDIVISION OF LOT 12 2.187 ACRES; 2 LOTS; LOCATION: 2330 BEBEE ROAD; APPLICANT: MIGUEL C. VALLE; AGENT: GEORGE GONZALEZ JR., P.E., GENESIS 1 ENGINEERING CO. ~SOFIA NELSON, DIRECTOR OF PLANNING Planning and Zoning Commission voted 7-0 to Statutorily Disapprove the plat THE VILLAS AT CREEKSIDE; 3.846 ACRES; 30 LOTS LOCATION: 104 CREEKSIDE TRAIL; APPLICANT: FHC CONSOLIDATED, LP AND KCW INTEREST 3, LLC; AGENT: KELLY KILBER, P.E., PRO-TECH ENGINEERING GROUP, INC. ~SOFIA NELSON, DIRECTOR OF PLANNING Planning and Zoning Commission voted 7-0 to Statutorily Disapprove the plat AUTHORIZE AWARD AND EXECUTION OF A PURCHASE ORDER TO NSS NET SOLUTIONS OF AUSTIN, TEXAS, IN AN AMOUNT NOT TO EXCEED $1,570.00 Item # 2

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CITY COUNCIL REGULAR MEETING February 5, 2013 – Page 5 Kyle City Hall FOR THE INSTALLATION OF CRASHBARS ON ALL EXIT DOORS INCLUDING PARTS, LABOR, AND 2-YEAR WARRANTY FOR THE POLICE DEPARTMENT BUILDING ~ MARK SHELLARD, DIRECTOR OF I FORMATIO TECH OLOGY RATIFY AWARD AND EXECUTION OF A CHANGE ORDER TO THE PURCHASE ORDER ISSUED TO MONROE COMMUNICATIONS SYSTEMS CORP., DBA THE TELEPHONE CONNECTION OF AUSTIN, TEXAS TO INCREASE THE CONTRACT AWARD BY $1,120.50 FOR A TOTAL AMOUNT NOT TO EXCEED 7,852.88 FOR THE PURCHASE AND INSTALLATION OF TEN (10) TELEPHONES AND ASSOCIATED HARDWARE AND SOFTWARE LICENSES INCLUDING LABOR COSTS FOR USE BY THE POLICE DEPARTMENT AT THEIR NEW FACILITY ~ MARK SHELLARD, DIRECTOR OF I FORMATIO TECH OLOGY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KYLE, TEXAS AUTHORIZING THE FILING OF A GRANT APPLICATION IN THE AMOUNT OF $76,213 TO THE OFFICE OF THE GOVERNOR TO CONTINUE TO FUND THE CITY OF KYLE FULL-TIME MENTAL HEALTH OFFICER POSITION FOR ANOTHER YEAR, FY 2014, ENDING ON AUGUST 31, 2014 ~ Joshua Moreno, Grants Administrator Mayor Pro Tem Hervol moved to approve Consent Agenda Items #7 ~ Kensington Trails Section 5 - Preliminary Plan (PP-12-006) 36.04 acres; 119 Lots; Location: 2200 Block of Bebee Road, East end of Downing Way; #8 ~ Kensington Trails Subdivision Section 5A - Final Plat (FP-13-001)12.11 acres; 38 Lots; Location: East end of Downing Way; #9 ~ Old Post Subdivision (AFP-13-002) 1.18 acres; 1 Lot; Location: 24321 IH-35 (Old Post Road & IH-35 Frontage); #10 ~ Plum Creek Phase 1 Section 6 2-2 Final Plat (FP-12-010) 4.705 acres; 28 Lots; Location: 2000 Block of Herzog; #11 ~ Plum Creek Phase 1 Section 6E 2-2 Preliminary Plan (PP-12-007) 4.705 acres; 28 Lots; Location: 2000 Block of Herzog; #12 ~ Rojo Subdivision (FP-13-002) 15.00 acres; 5 Lots; Location: 1626 Roland Lane; #13 ~ Seton Hays Subdivision Replat of Lot 1, Block B Amended Plat of Lot 1F and Lot 1G, Block B (AFP-13-001)1.365 acres; 2 Lots; Location: 20389 & 20417 IH-35; #14 ~ Southbend One Resubdivision of Lot 12, 2.187 acres; 2 Lots; Location: 2330 Bebee Road; #15 ~ The Villas at Creekside 3.846 acres; 30 Lots; Location: 104 Creekside Trail; #16 ~ Authorize award and execution of a Purchase Order to NSS NET SOLUTIONS of Austin, Texas, in an amount not to exceed $1,570.00 for the installation of crashbars on all exit doors including parts, labor, and 2-year warranty for the Police Department building; #17 ~ Ratify award and execution of a Change Order to the Purchase Order issued to MONROE COMMUNICATIONS SYSTEMS CORP., DBA THE TELEPHONE CONNECTION of Austin, Texas to increase the contract award by $1,120.50 for a total amount not to exceed 7,852.88 for the purchase and installation of ten (10) telephones and associated hardware and software licenses including labor costs for use by the Police Department at their new facility; #18 ~ A Resolution of the City Item # 2

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CITY COUNCIL REGULAR MEETING February 5, 2013 – Page 5 Kyle City Hall Council of the City of Kyle, Texas Authorizing the filing of a grant application in the amount of $76,2313.00 to the Office of the Governor to continue to fund the City of Kyle full time Mental Health Officer position for another year, FY 2014, ending on August 31, 2014. Council Member Bryant seconds the motion. All votes aye. Motion carried. Mayor Johnson moves to Item #24. CONSIDER AND POSSIBLE ACTION PLUM CREEK BREAD BASKET (SD-12-021) 1.338 ACRES; 4,600 SQUARE FOOT BUILDING LOCATED AT THE SOUTH EAST CORNER OF FAIRWAY AND FM 2770; APPLICANT: PLUM CREEK DEVELOPMENT PARTNERS, LTD. AGENT: STEVEN P. CATES, P.E., CARLSON, BRIGANCE & DOERING, INC. ~ SOFIA NELSON, DIRECTOR OF PLANNING Planning and Zoning Commission voted 6-1 to approve the site plan. PUBLIC HEARING Mayor Johnson opened the Public Hearing to hear comments on Plum Creek Bread Basket (SD-12-021) 1.338 acres; 4,600 square foot building; Located at the south east corner of Fairway and FM 2770 at 7:21 P.M. Sue Nevil spoke and stated that her home faces the proposed Bread Basket and she was unaware of the zoning changes that would allow this. She stated that the traffic flow was not looked at closely by the Zoning Commission, and with a nursing home nearby it would be dangerous for them to be out walking. Faye Toland stated her home faces the rear of the business and that the noise and light pollution late at night would adversely affect her lifestyle and worried that gas or oil could spill and run of. Bill Toland stated that this are was zoned residential and then rezoned and that the sign on 2770 and Fairway said it was zoned medical and mixed use and Kohlers@ 2770 says retail. He stated that out of the blue they got a notice that there was going to be a Public Hearing at a meeting of the Planning and Zoning to approve this gas station and store. He stated that a few of the residents got together and went to speak at he meeting. He stated that the Commissioners did not even know where this location was and that one of the Commissioners asked if they could deny it and the Planning Director told them that they had to approve it so he felt the decision was already made even before they spoke against it. Suzanne Parr spoke and said she agrees with everyone that had spoken. She stated that there was a Walgreens and a convenience store just a 1/2 mile from there without the eyesore of gas pumps and no need to place another store in the middle of a residential area. She stated that the environmental impact is possible and worries about the possibility of spills and runoff. Sandra Gonzalez spoke and also stated she is against the Bread Basket in Plum Creek. She stated her house does CITY COUNCIL REGULAR MEETING Item # 2

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February 5, 2013 – Page 6 Kyle City Hall not front 2770 so it does not directly affect her but that this store is not needed with other stores nearby and worried about light and noise pollution, as well as traffic. Beverly Kelsey spoke and stated that she likes to sit out on her porch in the evenings but that now she would see the back side of a gas station and dumpster, along with the smells and noise. She stated she did not think this is necessary with nearby stores and that it should be a requirement for a green space between a residential area and a commercial build. She stated that this would have a negative impact on property values. Allison Plum spoke and stated she spent a year looking for a home to purchase in Plum Creek and they put down $8500. with the builder to build their dream home and but that now it is a stones throw from the proposed Bread Basket. She stated that she was considering walking away because she doesn't want to walk past this store nor see it. With no one else wishing to speak Mayor Johnson closed the Public Hearing at 7:38 P.M. Council Member Pickett moved to approve Plum Creek Bread Basket (SD-12-021) 1.338 acres; 4,600 square foot building; Located at the south east corner of Fairway and FM. Council Member Bryant seconds the motions. All aye. Motion carried. Mayor Johnson moves to item #32. (First Reading and Public Hearing) APPROVE AN ORDINANCE CALLING A BOND ELECTION TO BE HELD WITHIN THE CITY OF KYLE, TEXAS, MAKING PROVISION FOR THE CONDUCT AND GIVING NOTICE OF SAID ELECTION; PROVIDING FOR THE COMBINING OF THE BOND ELECTION IN CONJUNCTION WITH THE GENERAL ELECTION; AUTHORIZING A JOINT ELECTION WITH OTHER ENTITIES HOLDING ELECTIONS ON THE SAME DATE IN THE TERRITORY OF THE CITY; AND CONTAINING OTHER PROVISIONS NECESSARY AND INCIDENTAL TO THE PURPOSES HEREOF ~ Julian Grant, City Attorney PUBLIC HEARING Mayor Johnson opened the Public Hearing at 8:14 P.M. to hear comments on An Ordinance calling a Bond Election to be held within the City of Kyle, Texas, Making Provision for the conduct and giving notice of said Election; Providing for the combining of the Bond Election in conjunction with the General Election; Authorizing a Joint Election with other entities holding Elections on the same date in the territory of the City; And containing other Provisions necessary and Incidental to the Purposes hereof. Nancy Fahy spoke and stated that although there are 5 roads on the road bond, 3 have schools associated with those, Goforth and Bunton and that those roads should be worked on first for safety and not convenience of constituents. She stated that another issue she had was that in reading the documents that were on the agenda it was unclear where the estimates came from for the roads and wanted clarification on that and that there had not been

Item # 2

Attachment number 1 \nPage 8

CITY COUNCIL REGULAR MEETING February 5, 2013 – Page 7 Kyle City Hall maintenance on any of these roads. Lila Knight spoke and said she just had one question and stated that in all of the public hearings and workshops it was discussed doing a road bond for 35.3 million dollars and believed that was the motion that was passed last week but that in the proposition in the ballot language now it's 36 million which is 700,000. dollars more. She stated that is important that the citizens know and that these figures need to be revised because the estimated tax rate increase on 35.3 million is .2075 so she assumes if it is bumped up to 36 million that tax rate is probably going to be more. She stated that the citizens needed to have the correct information and not let them think that it is going to be just .2075. With no one else wishing to speak Mayor Johnson closed the Public Hearing at 8:20 P.M. Council Member Wilson moved to approve An Ordinance calling a Bond Election to be held within the City of Kyle, Texas, Making Provision for the conduct and giving notice of said Election; Providing for the combining of the Bond Election in conjunction with the General Election; Authorizing a Joint Election with other entities holding Elections on the same date in the territory of the City; And containing other Provisions necessary and Incidental to the Purposes hereof. Council Member Bryant seconds the motion. Mayor Johnson asks to amend the motion that motion is approved contingent that staff also reach out to and request written notice from property owners of their intention to donate right of way for Market Place Road. Council Members Wilson and Bryant agree to the amendment. All votes aye. Motion carried. PRESENTATION QUARTERLY REPORT PRESENTATION FROM CATALYST COMMERCIAL ~ JASO CLAU CH A D JOH BALDWI , CATALYST COMMERCIAL Jason Claunch presented a quarterly report from Catalyst Commercial. CONSIDER AND POSSIBLE ACTION CONSIDER A REQUEST BY CRAIG SELLMAN (102 SOUTH MEYER) FOR A CONDITIONAL USE PERMIT FOR AN EXISTING 2,019 SQUARE FOOT BUILDING LOCATED WITHIN THE CENTER STREET AND CENTRAL BUSINESS DISTRICT OVERLAY; LOCATED AT 102 SOUTH MEYER STREET APPLICANT: CRAIG SELLMAN; AGENT: KELLY KILBER, P.E., PRO-TECH ENGINEERING GROUP, INC. ~ SOFIA NELSON, DIRECTOR OF PLANNING Planning and Zoning Commission voted 7-0 to approve the Conditional Use Permit PUBLIC HEARING Item # 2

Attachment number 1 \nPage 9

CITY COUNCIL REGULAR MEETING February 5, 2013 – Page 8 Kyle City Hall Mayor Johnson opened the Public Hearing at 9:01 P.M. to hear comments to Consider a request by Craig Sellman (102 South Meyer) for a Conditional Use Permit for an existing 2,019 square foot building located within the Center Street and Central Business District Overlay. With no one wishing to speak Mayor Johnson closed the Public Hearing at 9:01 P.M. Mayor Pro Tem Hervol moves to approve Consider a request by Craig Sellman (102 South Meyer) for a Conditional Use Permit for an existing 2,019 square foot building located within the Center Street and Central Business District Overlay. Council Member LeMense seconds the motion. All votes aye. Motion carried. Council Member Pickett was off the dais and did not vote. CONSIDER A REQUEST BY FIRST BAPTIST CHURCH & MR. ROGER FALK TO ALLOW A SHARED PARKING AGREEMENT FOR PARKING LOT LOCATED AT 405 CENTER STREET TO BE USED TO SATISFY PARKING REQUIREMENTS FOR 400 & 401 CENTER STREET ~ SOFIA ELSO , DIRECTOR OF PLA I G Planning and Zoning Commission voted 7-0 to approve the request to allow a shared parking agreement for parking lot located at 405 Center Street. Mayor Pro Tem Hervol moves to approve a request by First Baptist Church & Mr. Roger Falk to allow a shared parking agreement for parking lot located at 405 Center Street to be used to satisfy parking requirements for 400 & 401 Center Street with the Planning and Zoning request for the shared parking agreement. Council Member Wilson seconds the motion. All votes aye. Motion carried. CONSIDER A REQUEST BY JOE LANCE STEWART ON BEHALF OF TRADITION BANK (JLS RECREATIONAL VEHICLES AND STORAGE) FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A PROJECT TO INCLUDE THE DEVELOPMENT OF A RECREATIONAL VEHICLE RETAIL AND CONSIGNMENT CENTER ALONG WITH MINI-STORAGE AND DRY/COVERED SPACE FOR SERVICE AND STORAGE OF RECREATIONAL VEHICLES AND GENERAL MINI-STORAGE LOCATED WITHIN THE IH-35 CORRIDOR DISTRICT ~ SOFIA ELSO , DIRECTOR OF PLA I G Planning and Zoning Commission voted 7-0 to approve the Conditional Use Permit with conditions. Please see staff report PUBLIC HEARING Mayor Johnson opened the Public Hearing at 9:06 P.M. to hear comments on a request by Joe Lance Stewart on behalf of Tradition Bank (JLS Recreational Vehicles and Storage) Item # 2

Attachment number 1 \nPage 10

CITY COUNCIL REGULAR MEETING February 5, 2013 – Page 9 Kyle City Hall for a Conditional Use Permit to construct a project to include the development of a recreational vehicle retail and consignment center along with mini-storage and dry/covered space for service and storage of recreational vehicles and general ministorage located within the IH-35 Corridor District. With no one wishing to speak Mayor Johnson closed the Public Hearing at 9:06 P.M. Mayor Pro Tem Hervol moved to approve a Conditional Use Permit to construct a project to include the development of a recreational vehicle retail and consignment center along with mini-storage and dry/covered space for service and storage of recreational vehicles and general mini-storage located within the IH-35 Corridor District with the Planning and Zoning conditions. Council Member LeMense seconds the motion. All aye. Motion carried. A RESOLUTION OF THE CITY OF KYLE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH PLUM CREEK DEVELOPMENT PARTNERS, LTD, TO ALLOW THE CONSTRUCTION, INSTALLATION AND MAINTENANCE OF LANDSCAPING, SIDEWALKS AND IRRIGATION WITHIN THE PUBLIC RIGHT-OF-WAY OF KOHLERS CROSSING; MAKING FINDINGS OF FACT; AND PROVIDING FOR RELATED MATTERS ~ Sofia elson, Director of Planning Council Member Pickett left the meeting at 9:13 P.M. Mayor Pro Tem Hervol moved to approve A Resolution of Kyle, Texas, authorizing the City Manager to execute a License Agreement with Plum Creek Development Partners, LTD, to allow the construction, installation and maintenance of landscaping, sidewalks and irrigation within the Public Right of Way of Kohlers Crossing, Making Findings of Fact and Providing for Related Matters. Council Member Wilson seconds the motion. Council Member LeMense asks Mayor Pro Tem Hervol if she would amend the motion to include reviewing of monument signs in the right of way by Planning and Zoning. Mayor Pro Tem Hervol and Council Member Wilson agree. All votes aye. Motion carried. (First Reading) AN ORDINANCE AMENDING ORDINANCE NO. 311 (PLUM CREEK PLANNED UNIT DEVELOPMENT ZONING) OF THE CITY OF KYLE, TEXAS, FOR THE PURPOSE OF REZONING APPROXIMATELY 0.21 ACRES FROM ‘OS’ OPEN SPACE DISTRICT TO ‘MXD’ MIXED USE DEVELOPMENT DISTRICT, AND APPROXIMATELY 18.23 ACRES FROM ‘R-2’ TESIDENTIAL 2 TO ‘MXD’ MIXED USE DEVELOPMENT DISTRICT ON PROPERTY LOCATED WITHIN THE 600 BLOCK OF KOHLER’S CROSSING, JUST WEST OF THE CLUB HOUSE , IN HAYS COUNTY, TEXAS. (MOUNTAIN PLUM, LTD. Z-12-007); AUTHORIZING THE CITY SECRETARY TO AMEND THE ZONING MAP OF THE Item # 2

Attachment number 1 \nPage 11

CITY COUNCIL REGULAR MEETING February 5, 2013 – Page 10 Kyle City Hall CITY OF KYLE SO AS TO REFLECT THIS CHANGE; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW ~ Sofia elson, Director of Planning Planning and Zoning Commission voted 6-1 to approve the rezone for the area currently zoned 'R2' and deny the rezone for the area currently zoned 'OS' PUBLIC HEARING Mayor Johnson opened the Public Hearing at 9:22 P.M. to hear comments on An Ordinance Amending 311 for the purpose of rezoning approximately 0.21 acres from OS' to MXD and approximately 18.23 acres from R-2 Residential to MXD. Suzanne Parr spoke and asked the Council to carefully consider this ordinance changing an area from open space to mixed use in light of what happened earlier with the Bread Basket. .She stated there were rumors of a 3 story hotel at this location and that if this area is changed to mixed use it will open up this area to a hotel or another gas station convenience store to all sorts of fast food places. With no one else wishing to speak Mayor Johnson closed the Public Hearing at 9:25 P.M. Council Member LeMense moved to table this item as requested by the applicant. Mayor Pro Tem Hervol seconds the motion. All votes aye. Motion carried. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KYLE, TEXAS AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION IN THE AMOUNT OF $7,000 THROUGH THE MOBILE SOLUTIONS GRANT PROGRAM TO FUND A PROJECT THAT BUILDS OR EXPANDS THE MOBILE PRESENCE OF THE CITY OF KYLE PUBLIC LIBRARY ~ Joshua Moreno, Grants Administrator Council Member Wilson moved to approve A Resolution of the City Council of the City of Kyle, Texas authorizing the filing of a grant application with the Texas State Library and Archives Commission in the amount of $7000.00 through the Mobile Solutions Grant Program to fund a project that builds or expands the mobile presence of the City of Kyle Public Library. Council Member LeMense seconds the motion. All votes aye. Motion carried. Mayor Johnson recused from the next item.

Item # 2

Attachment number 1 \nPage 12

CITY COUNCIL REGULAR MEETING February 5, 2013 – Page 11 Kyle City Hall A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KYLE, TEXAS, AUTHORIZING THE FILING OF A GRANT PROPOSAL TO THE BURDINE JOHNSON FOUNDATION REQUESTING A $130,000 DONATION TO ALLOW THE CITY OF KYLE, TEXAS TO CONTINUE THE THIRD AND FINAL PHASE OF REHABILITATION TO THE HISTORIC TRAIN DEPOT ~ Joshua Moreno, Grants Administrator Council Member Bryant moved to approve A Resolution of the City of Kyle of the City of Kyle, Texas, Authorizing the filing of a Grant Proposal to the Burdine Johnson Foundation requesting a $130,000. donation to allow the City of Kyle, Texas to continue the third and final phase of Rehabilitation to the Historic Train Depot. Council Member LeMense seconds the motion. All votes aye. Motion carried. APPROVE AWARD AND AUTHORIZE THE NEGOTIATION OF A PROFESSIONAL SERVICES AGREEMENT WITH HALFF ASSOCIATES, INC. TO PERFORM THE ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $200,000.00 ASSOCIATED WITH THE FM 2770 AND RM 150 SIDEWALK/BICYCLE LANE IMPROVEMENTS IN ANTICIPATION OF PROJECT COST REIMBURSEMENTS TO BE RECEIVED FROM THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT AFA: CSJ #3210-01-012 AND 0805-04-025/FHA CFDA #20.205) ~ STEVE WIDACKI, P.E., CITY E GI EER Council Member Wilson moved to Approve award and authorize the negotiation of a Professional Services Agreement with HALFF ASSOCIATES, INC. to perform the Engineering Services in an amount not to exceed $200,000.00 associated with the FM 2770 and RM 150 Sidewalk/Bicycle Lane Improvements in anticipation of project cost reimbursements to be received from the Texas Department of Transportation (TXDOT AFA: CSJ #3210-01-012 and 0805-04-025/FHA CFDA #20.205). Council Member LeMense seconds the motion. All votes aye. Motion carried. APPROVE THE CITY OF KYLE'S COST PARTICIPATION TOTALING $28,250.00 FOR THE AESTHETIC IMPROVEMENTS ON THE NORTH AND SOUTH TURNAROUND BRIDGES AT FM 150 AND SOUTH TURNAROUND BRIDGE AT FM 1626 ~ LA Y S. LAMBERT, CITY MA AGER Mayor Pro Tem moved to Approve the City of Kyle's cost participation totaling $28,250.00 for the aesthetic improvements on the north and south turnaround bridges at FM 150 and south turnaround bridge at FM 1626. Council Member LeMense seconds the motion. All vote aye. Motion carried. (First Reading) AN ORDINANCE OF THE CITY OF KYLE, TEXAS ORDERING THE MAY 11, 2013 GENERAL ELECTION AND ESTABLISHING THE Item # 2

Attachment number 1 \nPage 13

PROCEDURE THEREFORE, AND PROVIDING FOR RELATED MATTERS ~ Amelia Sanchez, City Secretary CITY COUNCIL REGULAR MEETING February 5, 2013 – Page 12 Kyle City Hall Council Member LeMense move to approve An Ordinance of the City of Kyle Texas Ordering the May11, 2013 General Election and Establishing the Procedure therefore, and Providing for Related Matters. Council Member Bryant seconds the motion. All votes aye. Motion carried. APPROVE CONTRACT FOR ELECTION SERVICES BY AND BETWEEN THE CITY OF KYLE AND THE HAYS COUNTY ELECTIONS OFFICER ~ AMELIA SA CHEZ, CITY SECRETARY Council Member Wilson moved to Approve Contract for Election Services by and between the City of Kyle and the Hays County Elections Officer. Council Member Bryant seconds the motion. All votes aye. Motion carried. APPROVE AGREEMENT BY THE HAYS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT AND THE CITY OF KYLE TO HOLD A JOINT ELECTION IN CERTAIN VOTING PRECINCTS ON MAY 11, 2013 ~ Amelia Sanchez, City Secretary Council Member Bryant moved to Approve the Agreement by the Hays Consolidated Independent School District and the City of Kyle to hold a Joint Election in certain Voting Precincts on May 11, 2013. Council Member LeMense seconds the motion. All votes aye. Motion carried. CITY MANAGERS REPORT UPDATE ON VARIOUS CAPITAL IMPROVEMENT PROJECTS, ROAD PROJECTS, BUILDING PROGRAM, AND/OR GENERAL OPERATIONAL ACTIVITIES ~ LA Y LAMBERT, CITY MA AGER •

Discussion of Joint City Council and Planning & Zoning Meeting

City Manger Lanny Lambert stated that the Mayor and another Council Member had mentioned to him about planning and preparing for a City Council retreat and suggested scheduling it for after the election in late May or early June and asked if they wanted to choose a date now. All agreed to wait to schedule a date after March 1st. City Manger Lanny Lambert discussed the Joint City Council and Planning & Zoning meeting and all agreed on Tuesday, March 12, 2013 at 6:30 P.M. as suggested by Planning and Zoning.

Item # 2

Attachment number 1 \nPage 14

CITY COUNCIL REGULAR MEETING February 5, 2013 – Page 13 Kyle City Hall STAFF REPORT PRESENT CITY OF KYLE'S FINANCIAL PERFORMANCE REPORT (UNAUDITED) FOR THE 1ST QUARTER ENDING DECEMBER 31, 2012. ~ PERWEZ A. MOHEET, CPA, DIRECTOR OF FI A CE Perwez A. Moheet, Director of Finance presented City of Kyle's Financial Performance Report (Unaudited) for the 1st Quarter Ending December 31, 2012. EXECUTIVE SESSION CONVENE INTO EXECUTIVE SESSION PURSUANT TO TEX. GOV'T. CODE, § 551.071, CONSULTATION WITH CITY ATTORNEY REGARDING: A) LITIGATION UPDATE 1. AQUA OPERATIONS, INC. V. CITY OF KYLE, TEXAS 2. CITY OF KYLE V. BARTO SPRI GS-EDWARDS AQUIFER CO SERVATIO DISTRICT B) ATTORNEY-CLIENT CONSULTATION, ON A MATTER IN WHICH THE DUTY OF THE ATTORNEY TO THE GOVERNMENTAL BODY UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY CONFLICTS WITH THIS CHAPTER Mayor Johnson moved to Convene into Executive Session at 10:00 P.M. pursuant to Tex. Gov't. Code, § 551.071, Consultation with City Attorney regarding: a) Litigation update 1. Aqua Operations, Inc. v. City of Kyle, Texas 2. City of Kyle v. Barton Springs-Edwards Aquifer Conservation District b) Attorney-Client Consultation, on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter Mayor Pro Tem Hervol seconds the motion. All votes aye. Motion carried. Mayor Johnson moved to Reconvene into open session at 11:00 P.M. Council Member LeMense seconds the motion. All aye. Motion carried. Mayor Johnson stated no action was taken during Executive Session.

Item # 2

Attachment number 1 \nPage 15

CITY COUNCIL REGULAR MEETING February 5, 2013 – Page 14 Kyle City Hall ADJOURN

With no further business to discuss Mayor Pro Tem Hervol moves to adjourn. Council Member LeMense seconds the motion. All votes aye. Motion carried. The City Council meeting adjourned at 11:00 P.M.

_____________________________ Lucy Johnson, Mayor

__________________________ Amelia Sanchez, City Secretary

Item # 2

CITY OF KYLE, TEXAS Appointments to Strategic Planning & Finance Committee

Subject/Recommendation:

Meeting Date: 2/19/2013 Date time: 7:00 PM

Consideration of Nominations for Appointment to the Strategic Planning & Finance Committee ~ Lucy Johnson, Mayor Thomas Brown - Place 4, District 4, Term to Expire 9/30/2014 David Rabago - Place 7, At Large, Term to Expire 9/30/2015 Jeff Hatala - Place 7, At Large Alternate

Other Information:

A copy of the recommendations submitted by the chairperson of the Strategic Planning & Finance Committee, Greg Blackwell, is attached. Part II, Article II, Division 4, Subdivision I as amended under City Ordinance 672 states: Sec.2-103 - Membership and Appointments (a) Membership and appointment. Each committee shall be composed of seven members; seven residents of the City with one citizen member chosen from each single member voting district and three citizen members chosen from the City at large. The City Council shall appoint the members of the committees upon the recommendation of the Mayor. The chairperson of each committee shall recommend members to the Mayor, with consultation from a City staff liaison from the department that performs duties most similar to that of the committee. In making citizen member appointments, preference shall be given to persons who do not already serve on one of the committees or another City board or commission. (b) Citizen members' terms and vacancy. The citizen members of each Committee shall serve for a two-year term. The places occupied by the citizen members of each committee shall be identified by place numbers one through seven. The chairperson shall hold place number 1. The citizen members from district 2, district 4, and district 6 shall hold place number 2, place number 4, and place number 6 respectively. Places 3, 5, and 7 shall be by the remaining three at large appointees. The term of the odd-numbered places shall expire on September 30 of odd-numbered years; the term of the even-numbered places shall expire on September 30 of even-numbered years. Citizen members may be appointed to succeed themselves; provided that Cover Memo citizen members shall be limited to serving two terms on each committee. Vacancies shall be filled for unexpired terms by Item # 3

appointment by the City Council upon the recommendation of the Mayor in accordance with subsection 2-103(a), but no member shall be appointed for a term in excess of two years. Newly appointed members shall be installed at the first regular committee meeting after their appointment. Members shall be eligible for re-appointment at any time following the termination of their two-year term, subject to term limitations. Budget Information:

A Fiscal Note is not required.

Viewing Attachments Requires Adobe Acrobat. Click here to download.

Attachments / click to download Recommendations by Chairperson City Ordinance No. 672 Thomas Brown Committee Application David Rabago Committee Application Jeff Hatala Committee Application

Cover Memo

Item # 3

Attachment number 1 \nPage 1

Strategic Planning and Finance Committee Toi

City of Kyle Mayor and Council

From

Greg Blackwell

cc:

SP&F Committee members, Lanny Lambert, James Earp, Grace Nino, Perwez

Date:

2lal2Ot3

Re:

Recommendations to Mayor and Council regarding SP&F Committee appointments

Moheet, Amelia Sanchez

Comments: ln January, I was presented several applications for potential members ofthe Strategic Planning and Finance Committee. Of those applicants, I contacted Thomas Brown and David Rabago and both of them were qualified, interested, and eagerto serve. Earlierthis week, another application from Jeff Hatala was forwarded to me with councilman Brad Pickett's recommendation.

It is my position that Thomas Brown and David Rabago should be considered first when filling the vacant Place 4 and Place 7 seats respectively since I have already spoken to them and they have both given a verbal commitment. Out of respect for Councilman Pickett's recommendation, please also consider leff Hatala for the Place 7 seat. Based on residency, please considerfor appointment Place 4, District 4 -Thomas Brown Place 7, At large - David Rabago orJeff Hatala

ofthe Strategic Planning and Finance Committee, I am requestingthat Council consider the two appointments for Place 4 and Place 7 at the next City Council meeting on February 19, 2013 to complete our committee. As Chair

Regards,

Greg Blackwell

Item # 3

Attachment number 2 \nPage 1 le Mail 1/6/13 - City of Ky le Texas Website submission: Committee Volunteer Application

Grace Nino

City of Kyle Texas Website submission: Committee Volunteer Application City of Kyle Texas To: [email protected]

Wed, Jan 2, 2013 at 5:55 PM

Submitted on Wednesday, January 2, 2013 - 17:55 Submitted by anonymous user: [24.28.25.25] Submitted values are: Name: Thomas Brown Address: 5591 Hartson Kyle, TX 78640 E-Mail: [email protected] Best Phone Number to Reach You: 512-924-4207 Sub Division: Plum Creek Committees you are interested in: 1) Mobility 2) Strategic Planning & Finance 3) Safety & Emergency Services Professional, Education and Work Background: - B.A. Geography: Urban/Regional Planning (Texas State University 1996) - Civil Engineering firm (Atkins) as national transportation lead for technology services - San Antonio police department as GIS crime analyst Previous or Current Community/Committee Involvements: - St. Anthony's Catholic Church CCD asst. teacher Special Knowledge or Experience: - Previous working experience with CAPMetro and other transportation agencies in central and south Texas - Assisted in transportation planning reports and data gathering efforts - Produced crime analysis, reporting on trends and communicating with citizens How long have you been a Kyle resident? 12 years Today's Date: 2013-01-02 Other Comments:

Item # 3 https://mail.google.com/mail/u/0/?ui=2&ik=6551139528&v iew=pt&search=inbox&msg=13bf daf 14059cbb0

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Attachment number 3 \nPage 1 le Mail 1/7/13 - City of Ky le Texas Website submission: Committee Volunteer Application

Grace Nino

City of Kyle Texas Website submission: Committee Volunteer Application City of Kyle Texas To: [email protected]

Mon, Jan 7, 2013 at 2:48 PM

Submitted on Monday, January 7, 2013 - 14:48 Submitted by anonymous user: [66.90.243.157] Submitted values are: Name: David Rabago Address: 204 Maplewood South E-Mail: [email protected] Best Phone Number to Reach You: 512-897-4708 Sub Division: Amberwood Committees you are interested in: 1)Strategic Planning and Finance Committee 2)Mobility Committee Professional, Education and Work Background: I am currently employed at the City of San Marcos. My position is Senior Project Engineer in the Engineering and Capital Improvements Department. I graduated with a B.S in Civil Engineering in 2001 from the Massachusetts Institute of Technology. Previous or Current Community/Committee Involvements: N/A Special Knowledge or Experience: I have over 12 years of experience in the commercial and residential development in the Central Texas area. I am also a registered professional engineer with the state of Texas. How long have you been a Kyle resident? 8 Today's Date: 2013-01-07 Other Comments: I am very excited about the opportunity to become involved with my local community.

Item # 3 https://mail.google.com/mail/u/0/?ui=2&ik=6551139528&v iew=pt&search=inbox&msg=13c16c34e2614…

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Attachment number 4 \nPage 1

7/25/12

City of Kyle Mail - City of Kyle Texas Website submission: Committee Volunteer Application

Grace Nino

City of Kyle Texas Website submission: Committee Volunteer Application City of Kyle Texas To: [email protected]

Wed, Jul 25, 2012 at 2:06 PM

Submitted on Wednesday, July 25, 2012 - 14:06 Submitted by anonymous user: [147.26.105.178] Submitted values are: Name: Jeff Hatala Address: 1187 Star Meadow Dr. E-Mail: [email protected] Best Phone Number to Reach You: 803-587-0923 Sub Division: Woodlands Park Committees you are interested in: Public Works and Service Community Relations Strategic Planning and Finance Professional, Education and Work Background: Assistant Professor, College of Health Professions, Texas State University PhD candidate in health services, policy and management Master's in business administration (MBA) Master's in mass communication (MMC, emphasis in public relations) Previous or Current Community/Committee Involvements: Involved in church-related activities Serves as den leader for Boy Scout troop Special Knowledge or Experience: Research methods; data collection and statistical analysis Business consulting Marketing (I would love to use my research experience on one of the committees, if possible) How long have you been a Kyle resident? almost 1 year Today's Date: 2012-07-25 Other Comments:

Item # 3 https://mail.google.com/mail/u/0/?ui=2&ik=6551139528&view=pt&search=inbox&msg=138bf8893c1dd922

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Attachment number 5 \nPage 1

Item # 3

Attachment number 5 \nPage 2

Item # 3

Attachment number 5 \nPage 3

Item # 3

CITY OF KYLE, TEXAS Ordering the May 11, 2013 General Election

Subject/Recommendation:

Meeting Date: 2/19/2013 Date time: 7:00 PM

(Second Reading) AN ORDINANCE OF THE CITY OF KYLE, TEXAS ORDERING THE MAY 11, 2013 GENERAL ELECTION AND ESTABLISHING THE PROCEDURE THEREFORE, AND PROVIDING FOR RELATED MATTERS ~ Amelia Sanchez, City Secretary

Other Information: Budget Information:

Viewing Attachments Requires Adobe Acrobat. Click here to download.

Attachments / click to download Ordinance English Ordinance Spanish

Cover Memo

Item # 4

Attachment number 1 \nPage 1

ORDI A CE _________ A ORDI A CE OF THE CITY OF KYLE, TEXAS, ORDERI G THE MAY 11, 2013 GE ERAL ELECTIO A D ESTABLISHI G THE PROCEDURE THEREFORE, A D PROVIDI G FOR RELATED MATTERS WHEREAS, on May 11, 2013 there shall be elected the following officials for this City: Councilmember Place 1, and Councilmember Place 3; WHEREAS, the Texas Election Code is applicable to said election and this ordinance establishes procedures consistent with the Code, and designates the voting places for the election; and WHEREAS, the City of Kyle, Texas (hereinafter the "City") has made provision to contract with Hays County to conduct the City's election, pursuant to Chapter 31, Tex. Elec. Code, and Chapter 791, Tex. Gov't Code (the “Election Agreement” or “contract”), and such contract provides for political subdivisions subject to the contract that hold elections on the same day in all or part of the same territory to hold a joint election as authorized in Chapter 271, Tex. Elec. Code; OW, THEREFORE, BE IT ORDAI ED BY THE CITY COU CIL OF THE CITY OF KYLE, TEXAS THAT: SECTIO 1. The General Election of the City shall be held on Saturday, May 11, 2013, to elect members of the City Council for Councilmember Place 1, and Councilmember Place 3, to serve a term of three (3) years each. Candidates for the above offices shall file their application to become candidates with the City Secretary, at City Hall, 100 W. Center Street, Kyle, Texas 78640, between January 30, 2013 and 5:00 p.m. on March 1, 2013. All applications for candidacy shall be on a form as prescribed by the Tex. Elec. Code and the City Charter. The order in which the names of the candidates for each office are to be printed on the ballot shall be determined by a drawing conducted by the City Secretary. SECTIO 2. Notice of the election shall be given and the election shall be held in compliance with the provisions of the Tex. Elec. Code in all respects. Notice of the election shall be given by posting a notice containing the information required by the Texas Election Code on the bulletin board used for posting notice of meetings of the governing body at the City Hall not later than the twenty-first (21st) day before the election, and by publishing said notice of election at least one time, not earlier than thirty (30) days nor later than ten (10) days prior to said election, in a newspaper of general circulation in the City. The notice that is posted, and the notice that is published in a newspaper of general circulation within the city, will be written in both English and Spanish. The ballots for the election shall comply with the Tex. Elec. Code and be in the form provided by the City to the Hays County Election Officer for use on the voting devices and ballots used by Hays County, and the official ballots, together with such other Item # 4

Attachment number 1 \nPage 2

election materials as are required by the Tex. Elec. Code, shall be prepared in both the English and Spanish languages and shall contain such provisions, markings and language as is required by law. SECTIO 3. The election precincts for the election shall be the election precincts established by Hays County, provided that each shall contain and include geographic area that is within the City and the election precincts are in accordance with the City Charter. The polling places for election-day voting shall be: Kyle City Hall, 100 W. Center Street, Kyle, Texas; Wallace Middle School, 1500 West Center Street, Kyle, Texas; and Chapa Middle School, 3311 Dacy Lane, Kyle, Texas. The polls shall remain open on the day of the election from 7:00 a.m. to 7:00 p.m. The returns for precincts in Hays County will be provided by precinct and the Hays County Election Officer shall tabulate and provide the election returns for the election. SECTIO 4. Early voting, both by personal appearance and by mail, will be conducted by the Hays County Elections Officer in accordance with the Texas Election Code. The polling places for early voting by personal appearance shall be: Kyle City Hall, 100 W. Center Street, Kyle, Texas; the HCISD Administration Office, 21003 IH 35, Kyle, Texas; and Buda Elementary Upper Campus at 300 San Marcos Street, Buda, Texas; and such other places and locations authorized by state law and the Hays County Elections Officer. Early voting shall commence on and continue through the dates as required by the Texas Election Code, and early voting shall be held on the dates and times ordered by the Officer in compliance with the Texas Election Code. SECTIO 5. The City Secretary is instructed to aide the Hays County Elections Officer in the acquisition and furnishing of all election supplies and materials necessary to conduct the election. The City Secretary is further authorized to give or cause to be given notices required for the election, and to take such other and further action as is required to conduct the election in compliance with the Tex. Elec. Code and Chapt. 9, Tex. Loc. Gov’t. Code; provided that, pursuant to the Election Services Contract between the City and Hays County, the Hays County Elections Officer shall have the duty and be responsible for organizing and conducting the election in compliance with the Tex. Elec. Code; and for providing all services specified to be provided in the Election Services Contract. The Hays County Elections Officer shall give the notices required by the Tex. Elec. Code to be given for the election. SECTIO 6. The Hays County Elections Officer and her/his employees and appointees, and the election judges, alternate judges and clerks properly appointed for the election, shall hold and conduct the election in the manner provided by contract with the city and the law governing the holding of city charter elections by home rule cities of the State of Texas; and the official ballots, together with such other election materials as are required by the Tex. Elec. Code, shall be prepared in both the English and Spanish languages and shall contain such provisions, markings and language as is required by law.

Item # 4

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SECTIO 7. The presiding judges, alternate presiding judges and clerks for the election shall be selected and appointed by Hays County and its appointees in compliance with the requirements of state law, and such judges and clerks so selected by Hays County and its appointees are hereby designated and appointed by the city council as the election officers, judges and clerks, respectively, for the holding of said special election. The presiding judges, alternate presiding judges and clerks shall perform the functions and duties of their respective positions that are provided by state law. The city council hereby confirms and appoints the election judges and alternate election judges heretofore designated to the City in writing by Hays County as being appointed by Hays County for the election, and as subsequently substituted as provided by law. SECTIO 8. The City agrees to conduct a joint election with other political subdivisions within Hays County, provided that such political subdivisions hold an election on May 11, 2013 in all or part of the same county as the City (the “Political Subdivisions”). The joint election for Political Subdivisions in Hays County will be conducted in accordance with state law, this ordinance, the City Charter and the Election Agreement. SECTIO 9. The election shall be held and conducted by the Hays County Elections Officer in compliance with state law and the Election Services Contract, and this Ordinance shall be in force and effect from and after its passage on the date shown below. SECTIO 10. It is hereby officially found and determined that this meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by the Open Meetings Act, Chapter 551, Texas Government Code. PASSED A D APPROVED this the ______day of February, 2013. PASSED A D FI ALLY APPROVED this the _____ day of February, 2013. CITY OF KYLE, TEXAS

______________________________ Lucy Johnson, Mayor ATTEST:

____________________________ Amelia Sanchez, City Secretary

Item # 4

Attachment number 2 \nPage 1

ORDE A ZA

o. ______

U A ORDE A ZA DE LA CIUDAD DE KYLE, TEXAS, ORDE A DO U A ELECCIÓ GE ERAL QUE SE LLEVARÁ A CABO EL 11 DE MAYO DE 2013, Y ESTABLECIE DO EL PROCEDIMIE TO DE LA ELECCIÓ ; Y PROVEYE DO PARA CUALQUIERA SUSTA CIA RELACIO ADA.

MIE TRAS QUE, el 11 de mayo de 2013 serán elegidos los siguientes oficiales para el puesto 1 del Concejo Municipal y el puesto 3 del Concejo Municipal; MIE TRAS QUE, el Código de Elecciones del Estado de Texas es aplicable a dicha elección, y esta ordenanza establece los procedimientos consistentes con el Código y nombra los locales de votación para la elección; y MIE TRAS QUE, la Ciudad de Kyle, Texas (de aquí en adelante «la Ciudad») ha hecho provisiones para contratarse con el Condado de Hays para conducir la elección de la ciudad conforme al Capítulo 31, del Código de Elecciones de Texas, y el Capítulo 791, del Código Gubernamental de Texas (el «Contrato de Elecciones» o «contrato»), y dicho contrato provee para subdivisiones políticas sujetas al contrato que se llevan a cabo el mismo día en todo o parte del mismo territorio para llevar a cabo una elección conjunta como autorizada en el Capítulo 271, del Código de Elecciones de Texas; AHORA E TO CES SEA DECRATADO POR EL CO CEJO MU ICIPAL DE LA CIUDAD DE KYLE, TEXAS QUE: SECCIÓ 1. La elección general será llevada a cabo el sábado, 11 de mayo de 2013, para elegir a los Miembros del Concejo Municipal al Puesto 1, y al Puesto 3 del Concejo Municipal, para servir un período de tres (3) años cada uno. Los candidatos para dichos cargos deberán presentar sus aplicaciones de candidatura con la Secretaria de la Ciudad, en el Palacio Municipal, 100 W. Center Street, Kyle, Texas 78640, entre el 30 de enero de 2013 y las 5:00 p.m. del 10 de marzo de 2013. Todas las aplicaciones para la candidatura serán en una forma según prescrita por el Código de Elecciones de Texas y los Estatutos de la Ciudad. El orden en el cual los nombres de los candidatos para cada cargo serán imprimidos en la papeleta será determinado por un sorteo conducido por la Secretaria de la Ciudad. SECCIÓ 2. Se dará un anuncio de la elección y la elección se llevará a cabo según las provisiones del Código de Elecciones de Texas en todo respecto. Un anuncio de la elección se dará al anotar un anuncio conteniendo la información requerida por el Código de Elecciones de Texas en el tablero que se usa para anotar anuncios de las reuniones del cuerpo gobernador en el Palacio Municipal no después del veintiún (21) día antes de la elección, y al publicar dicho anuncio de la elección por lo menos una vez, no antes de los treinta (30) días ni después de diez (10) días antes de dicha elección, en un periódico de Item # 4

Attachment number 2 \nPage 2

circulación general de la Ciudad. El anuncio que se anote, y el anuncio que se publique en un periódico de circulación general de la Ciudad, serán escritos en inglés y en español. Las papeletas para la elección serán conformes al Código de Elecciones de Texas y estarán en la forma provista por la Ciudad a la Administradora de Elecciones del Condado de Hays para ser usados en los dispositivos de votación y papeletas usadas por el Condado de Hays, y las papeletas oficiales, juntas con cualquier otros materiales de elección como son requeridos por el Código de Elecciones de Texas, se prepararán en inglés y español y contendrán tal provisiones, marcas y lenguaje como requerido por ley. SECCIÓ 3. Los precintos de votación para la elección serán los precintos establecidos por el Condado de Hays, provisto que cada uno contenga e incluya un area geográfica que esté dentro de la Ciudad y que los precintos de votación estén conformes a Los Estatutos de la Ciudad. Los centros de votación para el día de elecciones serán: El Palacio Municipal de la Ciudad, 100 W. Center Street, Kyle, Texas, la escuela intermedia de Wallace, 1500 West Center Strett, Kyle, Texas y la escuela intermedia Chapa, 3311 Dacy Lane, Kyle, Texas. Los centros de votación se quedarán abiertos el día de la elección de las 7:00 a.m. hasta las 7:00 p.m. Los resultados electorales para los precintos en el Condado de Hays serán provistos por precinto y la Administradora de Elecciones del Condado de Hays tabulará y proveerá los resultados electorales de la elección. SECCIÓ 4. La votación adelantada en persona y por correo, será conducida por la Administradora de Elecciones del Condado de Hays como requerido por el Código de Elecciones de Texas. Los centros de votación para la elección adelantada en persona serán: El Palacio Municipal de la Ciudad, 100 W. Center Street, Kyle, Texas, la Oficina de Adminstración de HCISD, 21003 IH 35, Kyle, Texas; y la escuela Elemental Upper Campus en la Calle San Marcos No. 300, Buda, Texas; y cualquier otros lugares y sitios autorizados por ley estatal y por la Administradora de Elecciones del Condado de Hays. La votación adelantada en persona será llevada a cabo en lugares y sitios autorizados por ley estatal y nombrados por la Administradora de Elecciones del Condado de Hays. La votación adelantada comenzará y continuará hasta las fechas requeridas por el Código de Elecciones de Texas, y la votación adelantada se llevará a cabo también en las fechas y horas autorizadas por la Administradora conforme al Código de Elecciones de Texas. SECCIÓ 5. La Secretaria de la Ciudad queda ordenada en ayudar a la Administradora de Elecciones del Condado de Hays en la adquisición y en proveer cualquier materiales y provisiones que sean necesario para conducir la elección. La Secretaria de la Ciudad queda aún más autorizada en dar o causar en dar anuncios requeridos para la elección, y de tomar cualquiera y aún más acción según sea requerido para conducir una elección según el Código de Elecciones de Texas y el Capítulo 9, del Código de Gobiernos Locales de Texas; provisto que, conforme al Contrato de Servicios de Elecciones entre el Condado de Hays y la Ciudad, la Administradora de Elecciones del Condado de Hays tendrá el deber y será responsable de organizar y conducir la elección según el Código de Elecciones de Texas; y de proveer todos los servicios especificados de ser provistos en el Contrato de Servicios de Elecciones. La Administradora de Elecciones del Condado de Hays dará los anuncios requeridos por el Código de Elecciones de Texas para ser dados para la elección.

Item # 4

Attachment number 2 \nPage 3

SECCIÓ 6. La Administradora de Elecciones del Condado de Hays y sus empleados y sus personas designadas para la elección, y sus jueces de elecciones, los jueces suplentes, y los escribanos propiamente nombrados para la elección, llevarán a cabo y conducirán la elección en la manera prescrita por contrato con la ciudad y la ley que gobierna la celebración las elecciones por los estatutos de autonomía del Estado de Texas, y las papeletas oficiales, juntas con cualquier otro material de elecciones como sean requeridos por el Código de Elecciones de Texas, serán preparados en inglés y en español y tendrán tal proviciones, marcas y lenguaje como sea requerido por ley. SECCIÓ 7. Los jueces presidentes de sala, los jueces suplentes de sala y los escribanos para la elección serán nombrados y designados por el Condado de Hays y sus personas designadas según los requisitos de la ley estatal, y tal jueces y escribanos nombrados por el Condado de Hays y sus personas designadas, quedan por este medio nombradas y designadas por el Concejo Municipal de la Ciudad como oficiales de elecciones, jueces y escribanos, respectivamente, para llevar a cabo dicha elección especial. Los jueces presidentes de sala, los jueces suplentes de sala y escribanos llevarán a cabo las funciones y deberes de sus posiciones respectivas que sean provistas por ley estatal. El Concejo Municipal de la Ciudad por este medio confirma y designa a los jueces presidentes de sala y los jueces suplentes de sala previamente designados a la Ciudad por forma escrita por el Condado de Hays que sean nombrados por el Condado de Hays para la elección, y como posteriormente substituidos como provisto por ley. SECCIÓ 8. La Ciudad está de acuerdo en conducir una elección mutua con otras subdiviciones políticas dentro del Condado de Hays, provisto que tales subdivisiones políticas lleven a cabo una elección el 14 de mayo de 2011 en todo y parte del mismo condado como la Ciudad (las «Subdivisiones Políticas»). La elección mutua para Subdivisiones Políticas en el Condado de Hays será conducida según la ley estatal, esta ordenanza, los Estatutos de la Ciudad y el Contrato de Elecciones. SECCIÓ 9. La elección se llevará a cabo y se conducirá por la Administradora de Elecciones del Condado de Hays según la ley estatal, el Contrato de Servicios de Elecciones, y esta Ordenanza se quedará impuesta y efecta de y después de su aprovación en la fecha que sigue. SECCIÓ 10. Por este medio se queda oficialmente descubierto y determinado que esta reunión estuvo abierta al público, y un anuncio de la hora, lugar y propósito de tal reunión se dio, todo según requerido por la Ley de Reuniones Abiertas, Capítulo 551, del Código Gubernamental de Texas. PASADO Y APROBADO este día ____ de febrero de 2013. PASADO Y FI ALME TE APROBADO este día _____ de febrero de 2013. CIUDAD DE KYLE, TEXAS ______________________________ Lucy Johnson, Alcalde

Item # 4

Attachment number 2 \nPage 4

DECLARADO:

____________________________ Amelia Sanchez, Secretaria de la Ciudad

Item # 4

CITY OF KYLE, TEXAS Plum Creek Phase 1 Section 11J Preliminary

Subject/Recommendation:

Meeting Date: 2/19/2013 Date time: 7:00 PM

Plum Creek Phase 1 Section 11J - Preliminary Plan (PP-12-005) 20.864 acres; 1 Commercial Lot Located southwest of the intersection of Kohler's Crossing and FM 1626 adjacent to the Plum Creek Golf Course Driving Range Owner: Plum Creek Development Partners, Ltd. Agent: Alan Rhames, P.E., Axiom Engineers Inc. ~ Sofia elson, Director of Planning The Planning and Zoning Commission voted 6-0 to approve the preliminary plan.

Other Information:

Please see attachments

Budget Information:

N/A

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Attachments / click to download Preliminary Plan Preliminary Plan Staff Report

Cover Memo

Item # 5

Attachment number 1 \nPage 1

MEMORANDUM

TO:

City Council

FROM:

Sofia Nelson, Director of Planning

DATE:

February 12, 2013

SUBJECT:

Plum Creek Phase 1 Section 11J – Preliminary Plan (PP-11-005) and Final Plat (FP-12-007)

Planning and Zoning Commission The Planning and Zoning Commission unanimously recommended approval of the request. BACKGROUND Site Information and Proposal The subject property occupies 20.9 acres located to the southwest of the intersection at FM 1626 and Kohlers Crossing. The proposed subdivision would create 1- 17.762 acre lot, along with the extension of Cromwell and Vaughn. The majority of the proposed subdivision is currently used as a golf course driving range. The subject property is within the Plum Creek PUD overlay district and has a base zoning designation of Mixed Use “MXD”. The property is bounded by Kohlers Crossing to the north, Cromwell on the south, FM 1626 on the east and the Plum Creek Golf Course to the west. Utilities Water and Wastewater service will be provided by the City of Kyle. Access The proposed lot has two access points at both FM 1626 and Kohlers Crossing. The segment of Cromwell (to the south) will be constructed to a future subdivision, connecting Section 11J to the existing Dorman/Cromwell intersection. Both Vaughn and the northern block of Crommwell will contain a dual divided 20-foot street section with a 9-foot median. STAFF RECOMMENDATION: Staff is recommending approval of the request for the following reasons: • •

The plat is consistent with all zoning requirements for the property. The proposed provision and configuration of roads, water, wastewater, drainage and easements and rights-of-way are adequate to serve the subdivision. Item # 5

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Item # 5

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Item # 5

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Item # 5

CITY OF KYLE, TEXAS Plum Creek Phase 1 Section 11J Final Plat

Subject/Recommendation:

Meeting Date: 2/19/2013 Date time: 7:00 PM

Plum Creek Phase 1 Section 11J - Final Plat (FP-12-007) 20.864 acres; 1 Commercial Lot Located southwest of the intersection of Kohler's Crossing and FM 1626 adjacent to the Plum Creek Golf Course Driving Range Owner: Plum Creek Development Partners, Ltd. Agent: Alan Rhames, P.E., Axiom Engineers Inc. ~ Sofia elson, Director of Planning The Planning and Zoning Commission voted 6-0 to approve the final plat.

Other Information:

Please see attachments

Budget Information:

N/A

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Attachments / click to download Plat Plat Staff Report

Cover Memo

Item # 6

Attachment number 1 \nPage 1

MEMORANDUM

TO:

City Council

FROM:

Sofia Nelson, Director of Planning

DATE:

February 12, 2013

SUBJECT:

Plum Creek Phase 1 Section 11J – Preliminary Plan (PP-11-005) and Final Plat (FP-12-007)

Planning and Zoning Commission The Planning and Zoning Commission unanimously recommended approval of the request. BACKGROUND Site Information and Proposal The subject property occupies 20.9 acres located to the southwest of the intersection at FM 1626 and Kohlers Crossing. The proposed subdivision would create 1- 17.762 acre lot, along with the extension of Cromwell and Vaughn. The majority of the proposed subdivision is currently used as a golf course driving range. The subject property is within the Plum Creek PUD overlay district and has a base zoning designation of Mixed Use “MXD”. The property is bounded by Kohlers Crossing to the north, Cromwell on the south, FM 1626 on the east and the Plum Creek Golf Course to the west. Utilities Water and Wastewater service will be provided by the City of Kyle. Access The proposed lot has two access points at both FM 1626 and Kohlers Crossing. The segment of Cromwell (to the south) will be constructed to a future subdivision, connecting Section 11J to the existing Dorman/Cromwell intersection. Both Vaughn and the northern block of Crommwell will contain a dual divided 20-foot street section with a 9-foot median. STAFF RECOMMENDATION: Staff is recommending approval of the request for the following reasons: • •

The plat is consistent with all zoning requirements for the property. The proposed provision and configuration of roads, water, wastewater, drainage and easements and rights-of-way are adequate to serve the subdivision. Item # 6

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Item # 6

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Item # 6

Attachment number 3 \nPage 1 of 1

Item # 6

CITY OF KYLE, TEXAS Ewing Irrigation Purchase Order

Meeting Date: 2/19/2013 Date time: 7:00 PM

Subject/Recommendation:

Authorize award and execution of a Purchase Order to EWING IRRIGATION, of Austin, Texas, in an amount not exceed $8,400.00 for the materials needed to replace and repair the existing landscape irrigation system in Mary Kyle Hartson City Square Park. ~ Kerry Urbanowicz, Director of Parks & Recreation

Other Information:

Ewing Irrigation from Austin, Texas, is a vendor on the Buy Board Cooperative Purchase Program. They have been supplying the City of Kyle irrigation materials for over 9 years. The amount of the purchase order is $378.99 over the quote in anticipation of additional unexpected materials needed during a project of this size. The quote from Ewing dated 2.6.13 is attached.

Budget Information:

A Fiscal Note is attached.

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Attachments / click to download Purchase Quote Fiscal Note - PARD Irrigation EWING 2-19-2013

Cover Memo

Item # 7

Attachment number 1 \nPage 1

EWING, S AUSTIN 107 * Q U O T A T I O N * PAGE: 1 9000 S CONGRESS AVE QUOTE DATE: 1/17/2013 AUSTIN, TX IN REPLY TO YOUR INQUIRY PRINT DATE: 2/06/2013 (512) 712-9530 78745 - SUBJECT TO CONDITIONS BELOW - QUOTATION#: 1685778 JOB: TOWN SQUARE ATTN: KERRY FOR: 13444 CUSTOMER PHONE: (512) 667-3675 CITY OF KYLE PARKS DEPT P O BOX 40 KYLE TX 786400040 CUSTOMER FAX: 1 (512) 262-3933 ITEM LIST NET EXTENDED DESCRIPTION NUMBER QUANTITY PRICE PRICE PRICE =================================================================================== 007QT-150 WATTS DOUBLE CHK VLV 1-1/2 WILKINS Y-STRAINER BRONZ 1-1/2 PVC MALE ADAPTOR TXS 1-1/2 X 4 PVC SCH 80 NIP TBE JUMBO LP GREEN VALVE BOX/LID 1-1/2 X 1-1/2 X 1 PVC TEE SSS PGP-ADJ HUNTER 4IN POPUP ADJ PGP-ADJ HUNTER 4IN POPUP ADJ PGV-151 1-1/2 PLST GLOBE/ANGLE 3/4 X 3/4 X 7 L/P SWING RISER 3/4 X 3/4 X 7 L/P SWING RISER 1-1/2 SCH 40 PVC BE PIPE 10IN RD LP GREEN VALVE BOX/LID 16/1 AWG-UF WIRE RED 2500FT 500FT 16/1 AWG-UF WIRE WHITE 10222 KING BLUE LOW VOLT CONN IC-600PL 6ST I-CORE CONT PLST ICM-600 I-CORE 6ST EXPAND MOD PROS-04 HUNTER 4IN POPUP SPRAY PRO-15H HUNTER HALF NOZZLE PGV-151 1-1/2 PLST GLOBE/ANGLE 10IN RD LP GREEN VALVE BOX/LID BARBED SS 1/2 X 1/2 X 6 RISER 1-1/2 CL200 PVC BE PIPE 1 CL200 PVC BE PIPE 3/4 CL200 PVC BE PIPE MISC. FITTINGS 1-1/2 SPEARS UTILITY SS BV 10IN RD LP GREEN VALVE BOX/LID 6 FT POWER CORD 3 WIRE QT P-68 PURPLE PRIMER QT 721 BLU PVC CEMENT W/BRUSH MINI-CLIK HUNTER RAIN SENSOR BL-WTS100KIT RES WATERTEC KIT 12IN X.9GPH X 500FT LPDRIPLINE

14003650 40005550 04436015 06015040 38006410 04401211 44000400 44000400 44008850 01001104 01001104 07000450 38006010 22000210 22000206 17000520 44006530 44006595 44011240 44010820 44008850 38006010 01001010 07000250 07000130 07000120 99000000 20001015 38006010 17000710 08008406 08007216 44007450 47015100 12070930

1 1 2 1 1 1 120 15 16 75 60 1000 16 5000 1500 60 1 3 100 100 4 4 100 1600 3000 5000 1 4 4 1 6 6 1 1 2000

556.20 98.90 3.49 4.55 59.60 9.61 19.00 19.00 91.00 2.15 2.15 154.28 13.25 178.75 190.85 1.20 415.00 99.00 3.40 1.70 91.00 13.25 1.60 103.79 46.54 34.99 23.09 13.25 7.45 29.70 36.40 41.20 149.95 52.00

333.720 59.340 .785 1.024 41.720 2.162 7.980 8.455 41.860 1.161 1.226 58.626 9.275 67.925 72.523 .720 190.900 45.540 1.091 .745 41.860 9.275 .864 39.440 17.685 13.296 555.000 18.472 10.070 5.960 16.335 20.020 21.424 134.955 26.000

333.72 59.34 1.57 1.02 41.72 2.16 957.60 126.83 669.76 87.08 73.56 586.26 148.40 339.65 108.78 43.20 190.90 136.62 109.10 74.50 167.44 37.10 86.40 631.04 530.55 664.80 555.00 73.89 40.28 5.96 98.01 120.12 21.42 134.96 520.00

Item # 7

Attachment number 1 \nPage 2

EWING, S AUSTIN 107 * Q U O T A T I O N * PAGE: 2 9000 S CONGRESS AVE QUOTE DATE: 1/17/2013 AUSTIN, TX IN REPLY TO YOUR INQUIRY PRINT DATE: 2/06/2013 (512) 712-9530 78745 - SUBJECT TO CONDITIONS BELOW - QUOTATION#: 1685778 JOB: TOWN SQUARE ATTN: KERRY FOR: 13444 CUSTOMER PHONE: (512) 667-3675 CITY OF KYLE PARKS DEPT P O BOX 40 KYLE TX 786400040 CUSTOMER FAX: 1 (512) 262-3933 ITEM LIST NET EXTENDED DESCRIPTION NUMBER QUANTITY PRICE PRICE PRICE =================================================================================== PCZ-101-25 PRO CONTROL ZONE 12IN LP GREEN VALVE BOX/LID DRIPLINE MALE ADPT 1/2MT X INS DRIPLINE BARBED INSERT TEE DRIPLINE BARBED INSERT COUP

12007630 38006210 12051035 12051030 12051010

3 3 100 50 50

NET PRICES ARE FOR QUANTITIES AND DESCRIPTIONS SHOWN HEREIN ONLY, AND NO IMPLICATION OR WARRANTY IS MADE WITH REGARD TO THEIR CORRECTNESS OR AGREEMENT WITH THE SPECIFICATIONS. SHIPMENT SUBJECT TO CREDIT CLEARANCE. NO LIABILITY IS ASSUMED FOR QUANTITY SHOWN.

74.90 28.35 .84 .79 .49

THE ABOVE QUOTATION IS FOR ESTIMATING PURPOSE ONLY. WHEN ORDER IS PLACED IT WILL BE SHIPPED AT PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS OTHERWISE NOTED ON THIS QUOTATION.

37.450 16.641 .454 .427 .265

SUBTOTAL NO TAX

QUOTE TOTAL

112.35 49.92 45.40 21.35 13.25

8,021.01 .00

8,021.01

Taxes on quote are estimated and will be calculated based on tax rates in effect at time of order. PRICES SHOWN ARE CURRENT AS OF 1/17/2013 AND WILL BE GOOD UNTIL 2/16/2013. EXCEPTION: WIRE & PIPE PRICES GOOD FOR 2 WEEKS ONLY. BY ROB -----------------------------------------------EWING IRRIGATION PRODUCTS & INDUSTRIAL PLASTICS

Item # 7

Item # 7

CITY OF KYLE, TEXAS

Meeting Date: 2/19/2013 Date time: 7:00 PM

Disposal of Library Items

Subject/Recommendation:

Possible action regarding finding 12 boxes of used VHS tapes and 1 box of used books to be of little to no value, and directing the Library Director to dispose of the used surplus by gifting it to the Library Thrift Shop where they can be liquidated and or disposed of ~ Connie Brooks, Director of Public Library

Other Information: Budget Information:

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Attachments / click to download

Cover Memo

Item # 8

CITY OF KYLE, TEXAS Lease Agreement for KPD's New Copier

Meeting Date: 2/19/2013 Date time: 7:00 PM

Subject/Recommendation:

Authorize award and execution of a 60-month lease agreement with TLC OFFICE SYSTEMS of Houston, Texas in an amount not to exceed $488.32 per month or $29,299.20 for the term of the lease plus any excess use charges for three (3) color copiers for the Kyle Police Department. ~ Mark Shellard, Director of Information Technology

Other Information:

City of Kyle is contracting with TLC Office Systems to lease three (3) copiers for a period of 60 months. This contract comes after months of negotiations with several vendors to secure the best pricing available. These Kyocera printers are high output machines that will serve the Police Department well. The contract includes 5,000 prints on two of the machines and 3,000 on the third based on the needs of the department. The monthly payment for the lease is $371.42 as well as a monthly maintenance cost on each device. One device is $39.90 monthly and the other two are $38.50 monthly. This will bring the total monthly cost to $488.32. Over the course of 60 months the total for this contract will be $29,299.20. The first year in this case February through September 2013 paid with funds from the general operating budget of the Police Department. This contract has been reviewed and approved of with included amendments by the City Attorney.

Budget Information:

A Fiscal Note is attached.

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Attachments / click to download TLC Full Contract TLC Amendment Fiscal Note - Copiers for KPD

Cover Memo

Item # 9

Attachment number 1 \nPage 1

AGREEMENT

TLC Office Systems CUSTOMER

AGREEMENT

NO.:

(“you” ar”yoar”)

FULL LEGAL NAME: City Of Kyle Police Department ansi-somers 300 W. Center St. Kyle Tx. 78640

EQUIPMENT AND PAYMENT TERMS ar n

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..._

55/50 C.P.M Digital A3 Color MFP 28 PPM A4 Color MFP EQUIPMENT LOCATION: 300 W. Center St, Kyle Tx, 78640 TERM IN MONTHS: 60 MONTHLY PAYMENT AMOUNT. $371.42 2 1

PIJRCHASE OPTION

FAIR MARKET VALUE

jJ SEE SCHEDULE IPLUS TAXI

10% OF EQUIPMENT COST

ADDITIONAL TERMS AND CONDITIONS AGREEMENT. You want us to provide you the equlpmenl referenced herein (Equipmenr) and you agree to pay us the amounts payable under the terms of Ibis agreemenl (‘Agreement’) each period by lire due date. This Agreement is binding upon our acceptance hereof and wilt begin on the date the Equipment is delivered to you or any later dale we designate. We may charge you a reasonable tee to cover documentation and vivesligation costs. II any amount payable Is Univ not paid when due, you will pay a late charge equal to. 1) the greaterof ten (10) cents for each dollar overdue or twenty-six ($26.00) dollars; or 2) the highest lawful charge, if less. Any security deposit eN ire commingled without assets, wN ret earn interest, and ‘wit be returned at the end of ttw term, provided you are riot in debeits it an absence payment is regLired, itie amount eaceednig ore payment shalt be applied to the last payment(s) dunng the [eros or any renewal lena NET AGREEMENT. THIS AGREEMENT IS NON•CANCELABLE FOR THE ENTIRE AGREEMENT TERM. YOU AGREE ThAT YOU ARE UNCONDITIONALLY OBLIGATED TO PAY ALL AMOUNTS DUE UNDER THIS AGREEMENT FOR THE ENTIRE TERM. YOU ARE NOT ENTiTLED TO REDUCE OR SET OFF AGAINST AMOUNTS DUE UNDER THIS AGREEMENT FOR ANY REASON, EQUIPMENT USE. ‘riGs will beep the Equipment In good worhing order, use it for business purpuues only and not modify or move it trsm its initial locution without oar consent It we have entered into a osparute arrangement with you Ion maintenance, service, supplies, etc. with respecl to the Equipment. payments under this Agreement may include amounts owed under thai arrangement, which amounts rosy be invoiced as one payment for your convenience, SOFTWAREIDATA. Except as provided in this paragraph, references to ‘Equipment’ include any noftwure referenced above or installed on tine Equipment. We do not own the software and cannnt transfer any interest In ‘it to you. We are not rnopossible tsr the uoltware or the obligations of you or the licenser under any license agreement. You are solely responsible for protecting and removing any coofidendal dala/imagno stored on the Equipment prior to ito return for any reassr LIMtTATION OF WARRANTIES. EXCEPT TO ThE EXTENT THAT WE HAVE PROVIDED YOU A WARRANTY IN wRmNG, WE MAKE NO WARRANT1ES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU CHOSE ANYIALL THIRD-PARTY SERV1CE PROVIDERS BASED ON YOUR JUDGMENT. YOU MAY CONTACT US OR THE MANUFACTURER FOR A STATEMENT OF THE WARRANTIES, IF ANY, THAT THE MANUFACTURER IS PROVIDING. WE ASSIGN TO YOU ANY WARRANTIES GIVEN TO US. ASSIGNMENT. You may not sal, assign, or sublease the Equipment or this Agreement without our written consent. We may veil or assign this Agreement and our rights In the Equipment, In whole or in part, to a third party Without notice to you. You agree that if we do so, our assIgnee will have oar assigned rights under his Agreement but none of our sbligutions and mill not be subject to sny claim, detense, or setoff that may be assertable against ussr anyone else. LAWIFORUM. You agree that this Agreement and any claim related to this Agreement shall be governed by Ihe internal laws of the state in which our (or, if we assign this AgreernenL our aosignee’u) principal place of buolnees Is located and any diopete conceming this Agreement will be adjudicated in a federal or stale court in ouch state. You hereby consent to personal juriodictien and venue in such courts and waive banufer of venue. Each party waives any right to a urir trial, LOSS OR DAMAGE. You are rvsponnible tsr any damage to or loon 01 the Equipment. No ouch Isus or na”nuge w,il reltave yso from your payment obfigalions hereunder Escepl for claims. hisses, or damages caused by our gross negligence on witltui misconduct. you agree to ioderrrnify us and our assignee, it applicable, against any claims losseo,nr damages, including attorney fees, in any way relating to the

INSURANCE. You agree to maintain comprehensive liability insurance acceptable Is us. You also agree to: 1) beep tire Equipment fully insured aguinot lose at Its reptocvmeot cost, with us named an lose payee; and 2) provide proot of insurance ustiotactsry to us no later than 30 days following the commencement vt thiS Agreement, and Itnoroafler upon our written request. It you tail In maintain property loss irourance oulisfaclory Is us andlor you tail In timely provide proof of such insurance, we have the option, but not the obligation, to secure property loss Insurance on the Equipment from carrier ot our choosing in snob looms and amounts aa we deem reasonable to protect our inlereslu If we secure inourancu on the Equipirrnnt we will nol name you as an insured party, yasir interests may not be folly protected, and you wilt reimburse us the remisrn which may be higher than the premium you wovitot pay if you obtained irssrunc,e, and which may result in a profit to us through ye investment in reinourasce. it you am Ounrent in at at your ob’igahsnn under the Agreement at the lime of toes, any ‘msurance proceedo received wit Ire applied, at our splon, to repairer replace lire Equipment or to pay us the remaining payments dire or to become due onder thin Agreement. plus our booked reoiduai. bath diuceunted at 3% per annum. TAXES, We own the Equipment You will pay when due, either directly or by reimbursing un all lasso and lees relating to the Equipment and this Agreement, Sates or sue tan doe splront sAl be payable over the term with a tinance charge. END OF TERM. At fire end of the term of Silo Agreement (or any renewal lnrm( Ithe ‘End Date’), thin Agreement will renew month to month unless a) you preside su written notice of your intent to retum the Equipment at least 60 days prior to the End Date, and b) you timely return the Equipment to the location designated by us, at your expense. If a Purchase Option is indicated abuse and you are not in defauit on the End Date, you may purchase the Equipment from us ‘AS IS’ tsr the Purchase Option pnce. If the reforned Equipment Is not immediately available fur use by another withouf need of repair, you wilt reimburse us tsr all repair costs. You cannot pay oft this Agreement or minim the Equipment pnor to tire End Date without surconseot, If we consent, we may charge ysa, in abd’tion to ether umosnts owed, an easy termination fee equal to 5% of tIre price of tIne Equ:pnrent DEFAULT AND REMEDIES. If you do not pay any sum within 10 days aher its due date, o’ ii yau breach any ollrec term rut this Agreement an any other agreement with us, you wilt be in. rietault, and we may requ ire that you whim Sm Equipnrenl lv coat your eapesse unit pay us: 1) Uli punt due umounls and 2) al remaining paymento ton Sm srieapired term, olius our booked resideot. both discounted at 4% per annum. We may also sue all other legal remedies anaulabin to us, including dissblivg or rep000eosing rise Equipment. You agree to pay all oar cools and eapenses, including reasonable attorney tees, incurred iv enforcing this Agreenreni. You also agree to pay interest on all past due amounts, from the due date, all .5% per month. UCC. If we 050igr rights in this Agreement br tlnancing purposes, you agme that this Agreement, in the hands of oar ausignee, In, or shall be treated as, a ‘Finance Lease’ us that term is defined in Article 2/v of the Unifsrm Commercial Code )‘UCC’). You agree to forgo the rights and remedies pronided under sections 507-52201 Article 2/v xl the UCC. MISCELLANEOUS. This Agreement 0 the entire agreement between you and us relating to aur providing and your use of the Equipment unit supersedes any priar representations or agreements, including any purchase orders. Amounts payable unde Oils Agreement eray include a prohr lv as. The onginai of this Agreement shati be that copy wh cii beers your tacsimila or Original signalune, ann which beam our erigieal sigvatrum. Any change must be in writing signed by each party.

APPLICABLE TO GOVERNMENTAL ENTITIES ONLY You hereby reprosent and ‘warrant to as that as of lye date of the Agreement )a( the individual who eaecoted the Agreement had full power and eothonty to execute the Agreement on your behalf; (b) all negubed procedsren necessary to mace the Agreement a legal and binding ostigatcon against yss have been tswed, (C) tIre EquIpment wilt be operated arid controlled

Item # 9

Attachment number 1 \nPage 2

TLC Office Systems Customer Name and Address City of Kyle Police Deot 300W. Center St Kyle, Texas 78640

Remit to; TLC Office Systems 8711 Fallbrook Houston, TX 77064 71 3-695-3900 713-696-1820- Fax

Contact

Kent

Phone

512-262-1010

Account #

ID #

Model

Beginning Meter_________

Kyocera 5550 ci

Type of Agreement:

TLC

Base Amount

SN

x

Full Service

I

Quarterly

$38.50

BIW Images Included

Standard Service

5,000

Quarterly

Overage Rates Black I White Meter Charge

I Annually r

I Monthly

I Annually

I Monthly lx

JX

YR

QTR 0,0077

per image

I

0.0455

per image

I

I QTR

Color Meter Charge If Annual

=

1 year or

MO

lxi MO

xl

images, whichever occurs first.

IT Insurance Plan: $10 per machine per month

Yes

I

I

I

No

I

Authorized Customer Signature Title Authorized TLC Office Systems Signature Title Agreement to begin:

Agreement to End:

at install

one year after lflStafl

20

12

20

13

Notes:

If equipment under a lease agreement, maintenance must be maintained by TLC for the term of the lease. Please see reverse side for terms and conditions. This Agreement becomes valid upon receipt of payment.

Item # 9 RE V022 608-MG

Attachment number 1 \nPage 3

TLC Office Systems Corporation Service, IT Service and Supply Agreement Terms and Conditions 1 This agreement shalt remain in effect for the terms indicated on the reverse side of this document and is non-cancellable. The base rate will remain in effect for the term of this agreement, however, overage charges are subject to change during the term of this agreement, without notice. This agreement shall become effective only upon acceptance and receipt of payment by TLC This agreement will continue to renew unless cancelled with a 30-day written notice, by customer or TLC. 2. TLC Program TLC Office Systems will provide, without additional charge, parts which have been broken or worn through normal use and are necessary for servicing and maintenance adjustments. TIC Office Systems will provide, without additional charge, labor necessary to replace aforementioned parts. TLC Office Systems will provide, without additional charge, toner, fuser oil, toner waste containers and developer to produce the base number of impressions per quarter (based on 8.5 x 11 copies, 8 % fill). Photoreceptor drums are included. Supply delivery charges are not covered by this agreement and will be billed to the customer. -

Full Service Program TLC Office Systems will provide, without additional charge, parts which have been broken or worn through normal use and are necessary for servicing and maintenance adjustments. TLC Office Systems will provide without additional charge, labor necessary to replace aforementioned parts. Photoreceptor drums are included. Supplies are not included. -

Standard Service Program TLC Office Systems wilt provide, without additional charge, parts which have been broken or worn through normal use and are necessary to replace for servicing and maintenance adjustments. TLC Office Systems will provide without additional charge, labor necessary to replace aforementioned parts Photoreceptor drums are not included. Supplies are not included. -

3. Parts damaged by misuse or carelessness will be charged to the customer in accordance with the TIC Office Systems parts price list. Labor to replace such parts may also be charged at the rates prevailing at the time such misuse or carelessness occurs. 4 All calls under this Agreement will be made during normal business hours (8 AM. 5 P.M. Monday through Friday) on the customers premises at the address shown for the equipment described on the reverse side hereof. Should the equipment be moved to a more distant zone: there will be an increase in the base rate. Customer agrees not to move the equipment without the consent of TIC Office Systems. Service calls required outside normal business hours will be billed for labor only at the prevailing rate. -

5. This Agreement shalt not apply to repairs made necessary by accident, misuse, abuse, neglect, theft, not, vandalism, electrical power failure, fire, water, unauthorized supplies or other casualty or to repairs made necessary by service personnel other than those employed directly by TIC Office Systems. Service calls, or networking fees generated as a result of printing or scanning malfunctions when the copierlprinter is networked from a computer workstation or network is not covered under this agreement unless the malfunction is caused by a component failure in the copier or printer. Charges for repairs or replacement due to such aforementioned conditions shall be borne solely by the Customer. 6. Under this Agreement, the Customer agrees to be responsible for keeping the copier replenished with the appropriate toner, fuser oil, waste disposal containers, liquid toner and dispersant. Service calls necessitated by the Custome?s failure to replenish these supplies will not be covered under this agreement and shall be billed to the Customer at the prevailing labor rate. labor for required developer exchanges (dry toner copiers only) is covered as a maintenance item under this Agreement. 7. This Agreement does not include any applicable Federal, State or Local taxes. Any and all such taxes levied or imposed, now or hereafter, by any government authority shall be paid by the customer, in accordance with the law. 8. This Agreement covers only the equipment purchased from TIC as part of this agreement. 9. This Agreement is not transferable by the Customer except with the written consent of TIC Office Systems. 10. This Agreement (consisting of the face and reverse sides of this sheet) constitutes the entire agreement between the Customer and TIC Office Systems with respect to furnishing of TIC Office Systems Service. 11. This Agreement shall be deemed fully executed and performed in the State of Texas, County of Harris, and shall be governed by and construed in accordance with the laws thereof. In any action, proceeding or appeal on any matter related to or arising out of this Agreement, the Customer and TIC Office Systems shall be subject to the personal jurisdiction of the State of Texas, County of Harris, including any federal or state court sitting therein, and all court rules thereof and shall accept venue in any federal or state court in Texas. 12. Facsimile equipment and laser Printers shall be covered under Standard Service Agreement. 13. Inspections shall be necessary on equipment currently not under service Agreement. Service Agreement shall only be put in effect upon authorization of TIC technicians minimal criteria. 14. Prices are subject to change on term anniversaries, to reflect cost of living changes or age of equipment. 15. IT Network Connectivity consists of installation and configuration for up to five workstations per multi-functional machine itemized on contract. Each additional workstation will be billed at an additional rate. Maintenance agreement will cover network installation for 30 days from date of installation. Any changes or additions after this date will be billed at an hourly service charge: unless issue is a result of hardware failure on referenced imaging system. 16. IT Insurance Service Plan covers unlimited remote IT support in regards to referenced copier; after the initial 30 day setup period. Service Plan will cover unlimited IT support for changes or additions, after the installation period, via remote access. In the event, an onsite visit is required it will be billed at half the standard hourly service charge. I have read and agreed to the terms and conditions as itemized above

Initial & date

Item # 9 REVD22BO8-MG

Attachment number 1 \nPage 4

TLC Office Systems f_f Customer Name and Address Cliv of Kyle Police Deot 300W. Center St. Kyle, Texas 78640

Remit to: TLC Office Systems 8711 Fallbrook Houston. TX 77064 713-695-3900 713-696-1820 -

Contact

Kent

Phone

512-262-1010

Account #

ID#

Model

Beginning Meter

Kyocera 5550 ci

Type of Agreement:

TLC

Base Amount

SN

x

Full Service

$3&50

BAN Images Included

5000

Overage Rates Black / White Meter Charge

Standard Service

Quarterly

I

I Annually I

Quarterly

I

l Annually

I Monthly lx Monthly QTR

0.0077

per image

I

0.0455

per image

I

YR

QTR Color Meter Charge If Annual

=

1 year or

MO

lxi MO

xl

images, whichever occurs first

IT Insurance Plan: $10 per machine per month

Yes

I

I

I

No

I

Authorized Customer Signature Title Authorized TLC Office Systems Signature Title Agreement to begin;

Agreement to End:

at install

one year after install

20

12

20

13

Notes:

If equipment under a lease agreement, maintenance must be maintained by TLC for the term of the lease. Please see reverse side for terms and conditions. This Agreement becomes valid upon receipt of payment.

Item # 9 RLV022608 MG

Attachment number 1 \nPage 5

TLC Office Systems Corporation Service, IT Service and Supply Agreement Terms and Conditions 1. This agreement shall remain in effect for the terms indicated on the reverse side of this document and is non-cancellable. The base rate will remain in effect for the term of this agreement, however, overage charges are subject to change during the term of this agreement, without notice. This agreement shall become effective Only upon acceptance and receipt of payment by TLC. This agreement will continue to renew unless cancelled with a 30-day written notice, by customer or TLC. 2. TLC Program TLC Office Systems will provide, without additional charge, parts which have been broken or worn through normal use and are necessary for servicing and maintenance adjustments. TLC Office Systems will provide, without additional charge, labor necessary to replace aforementioned parts TIC Office Systems will provide, without additional charge, toner. fuser oil, toner waste containers and developer to produce the base number of impressions per quarter (based on 8.5 x 11 copies, 8 % fill). Photoreceptor drums are included Supply delivery charges are not covered by this agreement and will be billed to the customer. -

Full Service Program TLC Office Systems will provide, without additional charge, parts which have been broken or worn through normal use and are necessary for servicing and maintenance adjustments. TLC Office Systems will provide without additional charge, labor necessary to replace aforementioned parts. Photoreceptor drums are included. Supplies are not Included. -

Standard Service Program TLC Office Systems will provide, without additional charge, parts which have been broken or worn through normal use and are necessary to replace for servicing and maintenance adjustments. TLC Office Systems will provide without additional charge, labor necessary to replace aforementioned parts. Photoreceptor drums are not included Supplies are not included. -

3. Parts damaged by misuse or carelessness will be charged to the customer in accordance with the TLC Office Systems parts price list. Labor to replace such parts may also be charged at the rates prevailing at the time such misuse or carelessness occurs. 4. All calls under this Agreement will be made during normal business hours (8 A.M. 5 P.M. Monday through Friday) on the customer’s premises at the address shown for the equipment described on the reverse side hereof. Should the equipment be moved to a more distant zone; there will be an increase in the base rate. Customer agrees not to move the equipment without the consent of TLC Office Systems. Service calls required outside normal business hours will be billed for labor only at the prevailing rate -

5. This Agreement shall not apply to repairs made necessary by accident, misuse, abuse, neglect, theft, riot, vandalism, electrical power failure, fire, water, unauthorized supplies or other casualty or to repairs made necessary by service personnel other than those employed directly by TLC Office Systems. Service calls, or networking fees generated as a result of printing or scanning malfunctions when the copier/printer is networked from a computer workstation or network is not covered under this agreement unless the malfunction is caused by a component failure in the copier or printer. Charges for repairs or replacement due to such aforementioned conditions shall be bome solely by the Customer. 6. Under this Agreement, the Customer agrees to be responsible for keeping the copier replenished with the appropriate toner, fuser oil, waste disposal containers, liquid toner and dispersant. Service calls necessitated by the Customer’s failure to replenish these supplies will not be covered under this agreement and shall be billed to the Customer at the prevailing labor rate Labor for required developer exchanges (dry toner copiers only) is covered as a maintenance item under this Agreement. 7 This Agreement does not include any applicable Federal, State or Local taxes. Any and all such taxes levied or imposed, now or hereafter, by any govemment authority shall be paid by the customer, in accordance with the law. 8. This Agreement covers only the equipment purchased from TLC as part of this agreement. 9. This Agreement is not transferable by the Customer except with the written consent of TIC Office Systems. 10. This Agreement (consisting of the face and reverse sides of this sheet) constitutes the entire agreement between the Customer and TLC Office Systems with respect to fumishing of TLC Office Systems Service. 11. This Agreement shall be deemed fully executed and performed in the State of Texas, County of Hams, and shall be governed by and construed in accordance with the laws thereof. In any action, proceeding or appeal on any matter related to or arising out of this Agreement, the Customer and TLC Office Systems shall be subject to the personal jurisdiction of the State of Texas, County of Harris, induding any federal or stale court sitting therein, and all court rules thereof and shall accept venue in any federal or state court in Texas. 12. Facsimile equipment and Laser Printers shall be covered under Standard Service Agreement 13. Inspections shall be necessary on equipment currently not under service Agreement. Service Agreement shall only be put in effect upon authorization of TLC technicians minimal criteria. 14. Prices are subject to change on term anniversaries, to reflect cost of living changes or age of equipment, 15. IT Network Connectivity consists of installation and configuration for up to fIve workstations per multi-functional machine itemized on contract. Each additional workstation will be billed at an additional rate. Maintenance agreement will cover network installation for 30 days from date of installation. Any changes or additions after this date will be billed at an hourly service charge; unless issue is a result of hardware failure on referenced imaging system. 16. IT Insurance Service Plan covers unlimited remote IT support in regards to referenced copier; after the initial 30 day setup period. Service Plan will cover unlimited IT support for changes or additions, after the installation period, via remote access. In the event, an onsite visit is required it will be billed at half the standard hourly service charge. I have read and agreed to the terms and conditions as itemized above

Initial & date

Item # 9 REVO226OSMG

Attachment number 1 \nPage 6

TLC Office Systems Customer Name and Address

Remit to: TLC Office Systems 8711 Faltbrook Houston, TX 77064 713-695-3900 713-696-1820 Fax

of Kyle Police Dent 300W. Center St Kyle, Texas 78640

City

-

1