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04-01-14 Agenda with BackupCity Council REGULAR SESSION CITY COUNCIL April 1, 2014,6:00 P.M. I Is El If 1,110 i - 17� 1[ 1 q a 11ik'141 i 1[lI so NEWS 11017.y 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Policv Values Economic Prosperity Fiscally Sustainable Family Friendly for All Ages High Quality of Life Safe Community Essential Services Attractive Community Innovative and Proactive Service Oriented Friendly City Call to Order — City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Jim Fowler) Citv Events and Announcements • Announcements of upcoming City Events (J. Bierschwale/B. James) • Announcements and recognitions by City Manager (J. Kessel) Presentations: • Schertz Sweetheart Court Fiesta Medal Presentation (B. Cantu /M. Spence /E. Matlock) • National Sexual Assault Awareness and Prevention Month (Mayor Carpenter/ Jennifer Fernandez) • Child Abuse Prevention Month (Mayor Carpenter /Christy Williams) • National Service Recognition Day (Mayor Carpenter to read into record) • Parks Lighting and Signage — Presentation and discussion regarding parks lighting and signage. (B. James /C. VanZandt) 04 -01 -2014 Council Agenda Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member there(?f. Anv person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, daring the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. Minutes - Consideration and /or action regarding the approval of the minutes of the regular meeting of March 25, 2014 Q. Kessel /B. Dennis) 2. Resolution No. 14 -R -31 — Consideration and /or action approving a Resolution authorizing EMS Debt Revenue Adjustments for certain inactive outstanding accounts receivables. (J. Bierschwale /D. Wait) 3. Resolution No. 14 -R -32— Consideration and /or action approving a Resolution authorizing Utility Billing Debt Revenue Adjustments for certain inactive outstanding accounts receivables. (J. Bierschwale /C. Spence) 4. Resolution No. 14 -R -25 — Consideration and /or action approving a Resolution approving and authorizing an agreement for a Public Utility Easement and Temporary Construction Easement along Maske Road. (J. Bierschwale /S. Willoughby /J. Hooks) Discussion and Action Items 5. Resolution No. 14 -R -33 — Presentation and consideration and /or action approving a Resolution authorizing an agreement with Touchpay Holdings, LP for installation of equipment and software programs for a free- standing payment Kiosk. (J. Bierschwale /C. Spence) 6. Ordinance No. 14 -T -14 — Presentation and consideration and /or action approving an Ordinance authorizing a Midyear Budget Adjustment to the General Fund, EMS Fund, and EDC Fund. First Reading (J. Kessel/J. Walters) 04 -01 -2014 City Council Agenda Page - 2 - 7. Ordinance No. 14 -T -15 — Consideration and /or action approving an Ordinance establishing fees for Senior Center related services provided by the City of Schertz. First Reading (J. Kessel /J. Walters) Roll Call Vote Confirmation Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Adiournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 28th DAY OF MARCH 2014 AT 3:45 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. gre0A2 1�5eww 'bs (Brenda Dennis CPM, TRMC, MMC, City Secretary I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2014. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210- 619 -1030. 04 -01 -2014 City Council Agenda Page - 3 - The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mavor Carpenter Mavor Pro -Tem Sca0iola — Place 2 Audit Committee Animal Control Advisory Committee Hal Baldwin Scholarship Committee Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions Schertz Seguin Local Government Corporation Investment Advisory Committee Interview Committee for Boards and Commissions TIRZ II Board Sweetheart Advisory Committee Councilmember Fowler — Place 1 Councilmember John - Place 3 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Randolph Joint Land Use Study (JLUS) Executive Committee Councilmember Edwards — Place 4 Audit Committee ASA Commuter Rail District Board — Lone Star Hal Baldwin Scholarship Committee 04 -01 -2014 City Council Agenda Page - 4 - Councilmember — Duke — Place 5 Audit Committee Investment Advisory Committee CITY COUNCIL MEMORANDUM City Council Meeting: Department: Subject: Status of the signage issue in City Parks April 1, 2014 Parks, Recreation, and Communitv Services Department Signau and lighting issues at Citv parks (presentation) Several stone monument signs located in City parks continue to sustain vandalism by way of removal of the surface -mount lettering. The most frequently vandalized signage is located in Woodland Oaks Park, Ashley Park, and Wendy Swan Memorial Park. The Parks Advisory Board has recommended to staff that the Parks Department employ the new, engraved lettering system utilized at the Animal Adoption Center and the Veterans Memorial Plaza to abate this issue in the future (see attached pictures). Staff is prepared to initiate this procedural change beginning at Wendy Swan Memorial Park. Currently, there is funding available to do so; staff will budget funding for the other two (2) signs in FY 2014 -2015. Status of the lighting issue in City Parks In response to the request that staff address the lighting issue in City parks, the Parks Advisory Board would like to create a committee to develop a process to address this issue. The Advisory Board feels that each park should be considered on a case by case basis, depending upon the particular needs, existing amenities, resident input, and how the request fits into our overall park funding priorities. FISCAL IMPACT The cost per sign to utilize the engraving process on a park stone monument sign is approximately $2,200 - $2,500 per sign. RECOMMENDATION Staff recommends that we follow the recommendations provided by the Parks Advisory Board moving forward. ATTACHMENT(S) None Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: April 1, 2014 Department: Subject: City Secretary Minutes The City Council held a regular meeting on March 25, 2014. WLTG • �4" None Staff recommends Council approve the minutes of the regular meeting on March 25, 2014. Minutes — regular meeting March 25, 2014 MINUTES REGULAR MEETING March 25, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 25, 2014, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Daryl John Councilmember Matthew Duke Staff Present: Executive Director John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Councilmember Jim Fowler was absent Call to Order Mayor Pro -Tern David Scagliola Councilmember Cedric Edwards City Manager John Kessel Executive Director Brian James City Attorney Charles Zech Deputy City Secretary Donna Schmoekel Mayor Carpenter called the Regular Meeting to order at 6:00 p.m. Invocation and Pledges of Allegiance to the FlaLrs of the United States and the State of Texas Mayor Carpenter provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Citv Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) Mayor Carpenter recognized Executive Director Brian James who provided the following announcements and upcoming events: • Wednesday, March 26, 2014 Grand ODenin2 & Ribbon Cutting at Gunn Cheverolet, 16550 IH 35 North in Selma, 11:00 a.m. • Thursday, March 27, 2014, Community et Presentation, Schertz United Methodist Church, 6:00 p.m. • Saturday, March 29, BVYA ODenin2 Day Event -- Parade & ODeninz Ceremonies, 9:00 a.m. parking lot at Clemens High School. • Saturday, March 29, Casino Night Fundraiser for the Orthopedic Kneed Foundation, 6 p.m. — 10 p.m. Call 210- 696 -9000 for more info and pre -sale tickets. Tuesday, April 1, Grand opening & Ribbon Cutting for `Fit for Work, LLC,' at 11:30 a.m., 17325 Bell North Dr, Ste 2A in Schertz. • Tuesday, April 1, `EMS Luncheon Celebrating 40 Years', Schertz Civic Center, Bldg #5; RSVP to Amy Sellers by March 25. 210 - 619 -1400. 03 -25 -2014 Minutes Page - I - • Friday, April 4, Joint Citv Council & Dent Head Pre - Budget Workshop, Civic Center /Bluebonnet Hall, 1:00 p.m. — 5:00 p.m. • Saturday, April 12, 2014, Easter in the Park w /Schertz- Cibolo Lions Club @ Pickrell Park (sponsored by Lions Club, HEB & Well -Med) • Saturday, April 19, 2014, Absolute Jazz, 2:00 p.m. to 9:00 p.m., Pickrell Park. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who gave a thank you to a few City employees City Engineer Kathy Woodlee, Engineer -In- Training Larry Busch, Public Works Director Sam Willoughby, Superintendent of Fleet /Streets Doug Letbetter, and many others who spear headed the sidewalk project along FM 3009. Mr. Kessel stated that they applied for a grant and received funding yesterday in the amount of 2.8 million dollars to do all four phases over the next few years. This is costing the City zero at this point and in fact TxDot has picked up the City's local match. This will get us an entire sidewalk connection along FM 3009 from Interstate Highway 35 all the way to FM 78. There are several schools that use that route as well as regular pedestrians. Construction will not happen right away as it needs to go through a TxDot Federal design process that usually takes about a year. After that, construction will proceed in four phases. Hearinu of Residents: Mayor Carpenter recognized the following who spoke: • Ms. Elizabeth Murray Kolb, Seguin, TX, introduced herself as the former Guadalupe County Attorney who retired a year ago. She stated she previously worked in the County Court of Law for 12 years. This court handles juvenile and probate matters as well as family law and some criminal law. She is happy to be here tonight and meet everyone. • David Richmond, 2921 Bent Tree Drive, who stated he recently went to Randolph Air Force Base and was dismayed to hear talk of closings and rumors of closings on April 1, 2014 for such places as the Wood Hobby Shop, Auto Shop and Frame Shop. The checkers at the commissary also expect to be gone sometime in 2015. It appears that Randolph may be coming closer to the chopping block. He recommends City Council pass a resolution to support Randolph's continued mission here and not be moved elsewhere in pieces. Randolph Air Force Base is a vital part of our area and the metro San Antonio area. If it takes visits with our elected officials and others elsewhere statewide, he recommends that be done. Mayor Carpenter recognized City Manager John Kessel who stated that they were aware of the situation and that Chief of Staff Bob Cantu is meeting with Randolph on this subject regarding all the different bases in the area whose funds have been cut. He is working closely with the base General on their issues and we will continue to keep everyone informed. 03 -25 -2014 Minutes Page - 2 - Mayor Carpenter added that he also has a meeting scheduled next Tuesday, April, 1, at 3:30 p.m. with the Colonel from the Air Force Base to talk about this same subject as to what is going on at Randolph. They will add all these information points together to see what to take action on. • Miss CeCe Meyers, a student at Kung Jung Mu Sul of Schertz who spoke about their upcoming demonstrations this coming Saturday, March 29th, as well as events on April 4th and April 12th. • Mrs. R. Clare Layton, 12231 Lost Meadows Drive, who spoke of Council protocol and the possible breach of City Council Rules of Procedure by the presiding officer at the City Council meeting in July of 2013. If the behavior was a `one off' situation, then perhaps City Council should address it. However, if the action was emblematic of how the City is currently governed, then perhaps the voters need to weigh in on the situation. Discussion and Action Items 1. Minutes - Consideration and /or action regarding the approval of the minutes of the regular meeting of March 18, 2014 (J. Kessel /B. Dennis) Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro - Tem Scagliola, to approve the minutes of the regular meeting of March 18, 2014. The vote was unanimous with Mavor Pro -Tem Scagliola, Councilmembers John, Edwards, and Duke voting yes and no one voting no. Councilmember Fowler was absent. Motion Carried. 2. Resolution No. 14 -R -26 — Consideration and /or action approving a Resolution authorizing a Temporary Construction Easement Agreement with Joan Blanchard for the use, benefit, and control of the City of Schertz for the Town Creek Sewerline Extension Phase III Project on FM 482, and other matters in connection therewith. (B. James /K. Woodlee /L Busch) The following was read into record: RESOLUTION NO. 14 -R -26 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH JOAN BLANCHARD FOR THE USE, BENEFIT, AND CONTROL OF THE CITY OF SCHERTZ FOR THE TOWN CREEK SEWERLINE EXTENSION PHASE III PROJECT ON FM 482, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Edwards who stated that this information was provided in their packet and has no questions and asked if other members did. As no one had any questions, Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Councilmember Duke, to approve Resolution No. 14 -R -26. The vote was unanimous with Mayor Pro -Tem Scagliola, Cott ncilmembers John, Edwards, and Duke voting yes and no one voting no. Councilmember Fowler was absent. Motion Carried. 03 -25 -2014 Minutes Page - 3 - 3. Resolution No. 14 -R -30 — Consideration and /or action approving a Resolution authorizing an additional Engineering Services Agreement with Ford Engineering, Inc., related to engineering and design for the Town Creek Sewer extension Phase III project on FM 482, and other matters in connection therewith. (B. James /K. Woodlee /L. Busch) RESOLUTION NO. 14 -R -30 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADDITIONAL ENGINEERING SERVICES AGREEMENT WITH FORD ENGINEERING, INC., RELATED TO ENGINEERING AND DESIGN FOR THE TOWN CREEK SEWER EXTENSION PHASE III PROJECT ON FM 482, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Edwards who stated that this information was provided in their packet and has no questions. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who asked if the construction cost had been approximated or if they have a bid for the amount. Engineer -In- Training Larry Busch stated that they have been approximated and that they have not bid the project out, but will do so now that they have the last easement agreement had been obtained. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro- Tern Scagliola, to approve Resolution No. 14 -R -30. The vote was unanimous with Mayor Pro -Tem Scagliola, Cott itcihnembers John, Edwards, and Duke voting yes and no one voting no. Councilmember Fowler was absent. Motion Carried. 4. Resolution No. 14 -11-29 -- Consideration and/or action approving a Resolution authorizing Amendment No. 1 to the Economic Development Incentive Agreement among the City of Schertz, Texas, The City of Schertz Economic Development Corporation, Guadalupe County, Texas, and Amazon.com.kydc LLC. Q. Kessel /D. Gwin) The following was read into record: RESOLUTION NO. 14 -R -29 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AMENDMENT NO. 1 TO THE ECONOMIC DEVELOPMENT INCENTIVES AGREEMENT AMONG THE CITY OF SCHERTZ, TEXAS, THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, GUADALUPE COUNTY, TEXAS, AND AMAZON.COM.KYDC LLC; AUTHORIZING CERTAIN BENEFITS BY THE CITY PURSUANT THERETO; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Edwards who stated that this since this item had already been explained he had no questions, and he would like to make a motion to approve. 03 -25 -2014 Minutes Page - 4 - Mayor Carpenter recognized Mayor Pro -Tern Scagliola who thanked Mr. Gwin and stated that so often we think when the big boys come to town that the cities just salivate all over themselves and provide them with any type of agreement they deem appropriate. Apparently that is not the case, we actually made a deal with Amazon that they would provide their 350 jobs and $166 million in capital investment, and they came real close, but did not actually hit the mark. Mayor Pro -Tem Scagliola stated that this is an agreement that will allow them to get back on track. He stated that Mr. Gwin has presented two options: 1. Job Option — Employ a minimum of 380 full -time jobs with an annual payroll of at least $12 million and make a capital investment of at least $166 million. 2. Investment Option — Employ a minimum of 350 full -time jobs with an annual payroll of at least $11 million and make a capital investment of at least $191 million. Mayor Pro -Tem Scagliola wanted to know which option they chose. Mayor Carpenter recognized Economic Development Director David Gwin who stated that they have until December 31, 2014, to make a decision. Once Amazon has chosen either the Job Option or the Investment Option they must continue to meet those requirements throughout the remainder of the Agreement. Mr. Gwin stated that the City would enjoy either option as the community wins entirely by offering this amendment. Mayor Pro -Tem Scagliola stated that either option does benefit the City. Mr. Gwin stated that should Amazon select the investment option the base performance threshold would go to $144 million. Mr. Gwin provided the following information for the citizens: Recommended Amendment Job Option 380 Full Time Employees* Annual Payroll of at least $12 Million - Capital Investment of $166 Million Investment Option 350 Full Time Employees* - Annual Payroll of at least $11 Million - Capital Investment of $191 Million Base Performance = $144 million One Time Election: Dec 31, 2014 * Maintain a total average for at lest 1 month by 12 -31 -14 Mayor Carpenter recognized Councilmember Duke who stated that he appreciates the structure. At the end of the day we are being responsive to the business community but we are also saying we play by the contracts that we sign. We are getting significant additional value that was not contemplated at the time. He is please we are maintaining our 03 -25 -2014 Minutes Page - 5 - commitments holding others to their commitments and finding ways that we can find solutions that are workable and are big wins for the City. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro - Tem Scagliola, to approve Resolution No. 14 -R -29. The vote was unanimous with Mavor° Pro -Tent Scagliola, Colt ncilrnenibers John, Edwards, and Duke voting yes and no one voting no. Cott n cilni ent ber Fowler was absent. Motion Carried. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 4. Requests and Announcements 5. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who announced as you know Council and Staff have been working together to do the pre - budget work. The next pre - budget planning workshop is Friday, April 4, 2014. Mr. Kessel continued stating that they met with citizens last Wednesday night and will do so again Thursday, March 27, 2014 at the Schertz United Methodist Church at 6:00 p.m. Mr. Kessel thanked the citizens who attended and participated. Mr. Kessel also pointed out that they are meeting with the City Staff in a similar format to also engage staff. To date they have already had 101 City Staff attend two different meetings and we have another scheduled next week. The goal from what was discussed earlier in the year is to not just have vision of what we have to do and jump into execution, but to also work significantly on the alignment component to make sure that the vision of Council, Citizens and Staff match well. Mr. Kessel stated he is proud of the citizens and staff for participating in the something that traditionally has been reserved perhaps to Council and Management roles. 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 7. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items 03 -25 -2014 Minutes Page - 6 - Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he attended the following events: • Thursday, March 20, 2014, HEB and Schertz Chamber of Commerce —Taste of the Town event. He stated it was a great event and Ables Diner definitely proved to be a local favorite. • Friday, March 21, 2014, TML Region 7 Meeting in Uvalde, Texas. Mayor Pro -Tem Scagliola stated he likes visiting and learning about the operations and amenities of other cities. Mayor Pro -Tem Scagliola stated he had an opportunity to visit a bird sanctuary, and that when he got there it said "welcome to the sewage treatment facility ", which was around the corner from the bird sanctuary. He stated the interesting thing was the City of Uvalde actually turned the sewage treatment plant into a bird sanctuary. There were tanks and ponds surrounding the plant, where the water gets filtered continuously. It was clean enough that ducks and birds frequent the area. Mayor Carpenter stated he also was privileged to attend the HEB and Schertz Chamber of Commerce Taste of the Town event and can report they sold out, running out of tickets, plates and ballots. It was a very successful event. He stated that he does not plan on judging again next year, because they have them judge every category. Those chosen to judge, the four appetizers, three soups, six chicken dishes, even beef dishes, and thirteen deserts was absolutely too much! Anyone who would like to volunteer next year would love to have them sit in his place. Executive Session City Council did not meet. Adiournment As there was no further business, the meeting was adjourned at 6:32 p.m. Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis 03 -25 -2014 Minutes Page - 7 - Agenda No. 2 lei I &W411111041i ELVA 1 0111 [o] 7_1011111/ City Council Meeting: April 1, 2014 Department: EMS Subject: Resolution No. 14 -R -31- EMS Accounts Receivables Adjustments BACKGROUND: Per City Policy, EMS is to bring our accounts receivables adjustments before City Council for proper accounting procedures to be accomplished by the Finance Department. FISCAL IMPACT The first adjustments we are requesting Council to make are on private pay accounts that have been referred to our collection agency (MVBA). These represent accounts that were sent to MVBA from September 1, 2013 through February 28, 2014. For this period we are requesting to remove $596,648.35 from our accounts receivables account. These funds, from 559 separate accounts will continue to be pursued and if recovered will be accounted for as miscellaneous revenue. The second adjustment comes from our internal billing procedures. Some of these are negotiated charge reductions, write -offs of co -pays for citizens in the cities we serve, bills of homeless patients who we cannot locate any longer, and bills of deceased patients who do not have insurance or estates from which to recover EMS charges for service. The amount of this category is $15,965.09. This period's total adjustments are $612,613.44. This is the first Account Receivable Adjustment of Fiscal Year 2014 out of a budgeted amount of $2,467,668. RECOMMENDATION Staff recommends Council approve Resolution No. 14 -R -31 ATTACHMENTS Resolution No. 14 -R -31 RESOLUTION NO. 14 -R -31 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS FOR INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City maintains quarterly debt revenue adjustments for inactive outstanding accounts; and WHEREAS, the City Council has determined that it is in the best interest of the City that all inactive outstanding accounts after 180 days nonpayment will be sent to City Council for consideration of EMS Billing Debt Revenue Adjustments attached hereto as Exhibit A. (the "Account Receivable Adjustment Register "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the EMS Billing Debt Revenue Adjustment on the write off audit register, in substantially the form set forth on Exhibit A Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and finding of the City Council. Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 1 st day of April, 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter City Secretary, Brenda Dennis (CITY SEAL) Exhibit A EMS Account Receivable Adjustment Register September 1, 2013 — February 28, 2014 PRIVATE PAY EMS COLLECTION ACCOUNTS: Collection accounts with Collection Agency (09/01/13 — 02/28/14): $596,648.35 111►4(.I:319a1►[19901 4101 pill 7_I aOk iWIV A01010W.11111gilYlIL74I0101IG� Revenue adjustments by EMS Billing (09/01/13 — 02/28/14): $ 15,965.09 TOTAL REQUESTED ADJUSTMENTS: $612,613.44 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: April 1, 2014 Department: Business Office /Utility Billing Subject: Resolution No. 14 -R -32 - Utility Billing Debt Revenue Adjustments BACKGROUND Goal Our goal is to ensure that our outstanding receivables are current. Community Benefit By exhausting all efforts to collect outstanding debts, this will insure the lowest possible rate to the community. Summary of Recommended Action It is the recommendation of the City Auditor, Debbie Fraser, to keep our receivables current. FISCAL IMPACT To ensure that our outstanding receivables are current, we are requesting to write -off $8,832.09 uncollectible Water, Sewer, Garbage, and Drainage Accounts. The amounts included in this request are for the period of April 1, 2013 through August 31, 2013. All collections efforts have been exhausted. Staff recommends City Council approve Resolution No. 13 -R -32 for the Write -Off amount of $8,832.09. ATTACHMENT Resolution No. 14 -R -32 Utility Billing Debt Revenue Adjustments RESOLUTION NO. 14 -R -32 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING UTILITY BILLING DEBT REVENUE ADJUSTMENTS FOR INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City maintains quarterly debt revenue adjustments for inactive outstanding accounts; and WHEREAS, the City Council has determined that it is in the best interest of the City that all inactive outstanding accounts after 180 days non payment will be sent to City Council for consideration of Utility Billing Debt Revenue Adjustments attached hereto as "Exhibit A ". (the " Write Off Audit Register "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes Utility Billing Debt Revenue Adjustment on the write off audit register, in substantially the form set forth on "Exhibit A". Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and finding of the City Council. Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this lsth day of April 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) CITY COUNCIL MEMORANDUM City Council Meeting: April 1, 2014 Department: Public Works Agenda No. 4 Subject: Resolution No. 14 -R -25 — A Resolution by the City Council of the City of Schertz, Texas approving and authorizing an agreement for a Public Utility Easement and Temporary Construction Easement along Maske Road from Jon P. and Teresa F. Chalker in connection with the Maske Road Waterline Project, and other matters in connection therewith BACKGROUND No waterline exists on Maske Road. The City of Schertz is in process of constructing the Soccer Complex on Maske Road that requires water service. Public Works also needs to extend a water line from the high pressure zone to the 20" water line that delivers water to Universal City to improve the flow. Council approved a contract with Ford Engineering on June 11, 2013 for engineering and design services for the project. The City negotiated with Jon P. and Teresa F. Chalker for the Public Utility Easement and Temporary Construction Easement that is needed to install this waterline. In exchange for the easement, the City will extend sewer service from Maske Road to the Chalker Property. Goal To accept the Public Utility Easement and Temporary Construction Agreement with Jon P. and Teresa F. Chalker to construct a 12" waterline on Maske Road. When the 12" waterline on Maske Road is complete, water mains and water meters will be placed along Maske Road and water service will be provided to the Soccer Complex and other properties along the roadway with improved flow to the Universal City transmission line. Community Benefit Provide adequate water service and pressure to properties located on Maske Road and improve the water flow to the Universal City transmission line. Summary of Recommended Action Staff recommends Council approve the Resolution approving the Public Utility Easement and Temporary Construction Agreement with Jon P. and Teresa F. Chalker related to the Maske Road Waterline Project. FISCAL IMPACT The fiscal impact will be approximately $9,800 for the sewer extension to be paid for from the Maske Road Project. RECOMMENDATION Staff recommends Council approve Resolution 14 -R -25 ATTACHMENTS City Council Memorandum Page 2 Resolution No. 14-R-25 Public Utility Easement and Temporary Construction Agreement with Jon P. and Teresa F. Chalker RESOLUTION NO. 14 -R -25 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN AGREEMENT FOR A PUBLIC UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ALONG MASKE ROAD FROM JON P. AND TERESA F. CHALKER IN CONNECTION WITH THE MASKE ROAD WATERLINE PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an agreement for a Public Utility Easement and Temporary Construction Easement with Jon P. Chalker and Teresa F. Chalker (collectively, the "Grantors "), in the form attached hereto as Exhibit A (the "Agreement "); and WHEREAS, the City needs to acquire the Public Utility Easement and Temporary Construction Easement in connection with the construction of a waterline along Maske Road; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the Grantors pursuant to the Agreement and to accept the Public Utility Easement and Temporary Construction Easement in accordance with the terms of the Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the Grantors in substantially the form set forth on Exhibit A and to accept the Public Utility Easement and Temporary Construction Easement in accordance with the terms of the Agreement. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 1St day of April, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A wrung low rd MCI MLIF41 . �. A -1 lid 1 i i EXHIBIT B C I I KAI a I WM IN M I I RM 1 0 ON to] 111KA1 M 9 a ENNIMS) ' -9 A # IL LN _%V1 W.M.. a No, I mo w -0, 1 a- $10 1 0 N -1 madi I a I 'N EA V A 9 1 V ink LIM, An, 'IOU k 46 !V!Liflil'FIJEMI • U11 ! LIN IDA IN �ILN"IL'101 31 1 R.- 1.11 11 i Fe 11, F, 1111 iffl. 11,11 _0 i I I K THE STATE OF TEXAS § COUNTY OF GUADALUPE § M1"K." RIK, 111, 11 �� Jon P. Chalker and Teresa F. Chalker, 289 Maske Road, Schertz, Guadalupe County, Texas ("Grantor"), for the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, does hereby grant, sell and convey unto THE CITY OF SCHERTZ, TEXAS, a Texas home-rule city, with offices located at 1400 Schertz Parkway, Schertz, Texas 78154 ("Grantee"), an easement and right-of-way ("Easement") upon and across approximately 0.09 acres, located in Guadalupe County, Texas, and which is more particularly described on Exhibit "A", attached hereto and incorporated herein by reference ("Easement Tract"), TO HAVE AND TO HOLD the same perpetually to Grantee and its successors and assigns, together with the rights, and privileges and on the terms and conditions set forth below; and Grantor, subject to the Exceptions, to Warranty, does hereby covenant and agree to WARRANT AND FOREVER DEFEND title to the Easement herein granted, unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Terms and Conditions: The following terms and conditions apply to the Easement granted by this agreement: I Definitions. For the purposes of this grant of Easement certain terms shall have the meanings that follow: (a) "Holder" shall mean Grantee and Grantee's heirs, successors and assigns who at any time own any interest in the conveyance is subject to the terms of this agreement. (b) "Permitted Improvements" shall mean landscaping or planting of vegetation; but shall not mean driveway. Sidewalks, parking facilities or other impervious cover, or the construction of a building or structure unless such installation or construction is approved in writing by the City Manager or the City Manager's designee. (c) "Public Utility" shall mean water utilities. 2. Character of Easeinent. The Easement granted herein is "in gross," in that there is no "Beriefitted Property." Nevertheless, the Easement rights herein granted shall pass to Grantee's successors and assigns, subject to all of the Terms hereof. The Easement rights of use granted herein are nonexclusive and irrevocable. The Easement is for the benefit of Holder. 3. Pun pose of Easement. The Easement shall be used for public utility purposes, including placement, construction, installation, replacement, repair, maintenance, relocation, removal, and operation of public -utility facilities and related appurtenances, or making connections thereto. The Easement shall also be used for the purpose of providing access for the operation, repair, maintenance, replacement and expansion of the public utility facilities and related appurtenances. 4. Terin. Easement shall be in perpetuity unless relinquished or abandoned by ordinance or resolution by Grantee. 5. Reservation of Rights. Holder's right to use the Easement Property is nonexclusive, and Grantor and Grantor's heirs, successors, and assigns retain the right to use all or pail of the Easement Property in conjunction with Holder as long as such use by Grantor and Grantor's heirs, successors, and assigns does not interfere with the use of the Easement Property by Holder for the Easement Purpose. Specifically, Grantor shall not construct any building, structure or obstruction on the Easement Property. Grantor's right to use the Easement Property includes the installation of Permitted Improvements and the right to convey to others the right to use all or part of the Easement Property in conjunction with Holder, as long as such further conveyance is subject to the terms of this agreement; provided such conveyance is approved in writing by Holder through its City Manager. 6. Secondary Easement. Holder has the right (the "Secondary Easement" of "Temporary Construction Easement") to use the surface of the 25 foot -wide area adjacent to the Easement Property, and is more fully described in Exhibit "B", to assist in the initial installation and as may be reasonably necessary to maintain, repair and replace the Facilities within the Easement Property of the Facilities within the Easement Property. However, Holder must promptly restore the area of the Temporary Construction Easement to its previous physical condition if changed by use of the rights granted by this Secondary Easement. 7. IIIIP7•oveinent and Maintenance ofEaseinent Property. Subject to the provisions of Section 8., immediately below, improvement and maintenance of the Easement Property and the Facilities will be at the sole expense of Holder. Holder has the right to eliminate any encroachments into the Easement Property. Holder has the right to construct, install, maintain, replace, and remove the Facilities under or across any portion of the Easement Property. All matters concerning the Facilities and their configuration, construction, installation, maintenance, replacement, and removal are at Holder's sole discretion, subject to performance of Holder's obligations under this agreement. Holder has the right to remove or relocate any fences or other encroachments within the Easement Property or along or near its boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the Facilities. Holder will also replace to their original condition any landscaping, driveways or parking areas that were in existence prior to the granting of the Easement Property and are damaged in connection with the work. 8. Maintenance of Sitiface Easement Property/Permitted Improvements. Notwithstanding any contrary provision, Grantor shall retain the obligation to maintain the surface of the Easement Property, including the obligation to regularly mow or cut back vegetation and to keep the surface of the Easement Property free of litter, debris, or trash. Any improvement made by Grantor (Permitted Improvement) must comply with applicable ordinances, development codes and engineering guidelines of the City of Schertz. 9. Eq1titable Rights of Enforcement. This Easement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this agreement; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 10. Attorney's Fees. If either party retains an attorney to enforce this agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 11. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. 12. Choice of Lmt,. This agreement will be construed under the laws of the state of Texas, without regard to choice-of-law rules of any jurisdiction. Venue is in the county or counties in which the Easement Property is located. 13. Counterparts. This agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 14. Waiver of Default. It is not a waiver of or consent to default if the non-defaulting party fails to declare immediately default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. 15. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. 16. Integration. This agreement contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this agreement. 17. Exceptions to Warranty. This grant is subject to any and all encumbrances and easements of record, to the extent the same are valid and enforceable. 18. Legal Construction. Any provision in this agreement is for any reason unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. 19. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 20. Recitals /Exhibits. Any recitals in this agreement are represented by the parties to be accurate, and constitute a part of the substantive agreement. All exhibits referenced herein are attached hereto and incorporated by reference herein for all purposes. 21. Entire Agreetnent. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the party to be charged. A 4 IN WITNESS WHEREOF, this instrument is executed this i day of 12014. GRANTOR: JON P. CHALKER AND TERESA F. CHALKER By: on P. Chalker By: Teresa F. Chalker THE STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on 2014, by Jon P. Chalker, and wife Teresa F. Chalker, both whom reside in Guadalupe County, Texas. IFA-v ViOLLY 01"i4E IUR%Ea commission EAP111s MY Notary Pubfi� Signature I jv- (seal) Angus CITY OF SCHERTZ, TEXAS, a Texas home-rule municipality RE John C. Kessel, City Manager ATTEST: Brenda Dennis, City Secretary THE STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on 1 2014, by John C. Kessel, City Manager of the City of Schertz, Texas, a Texas home-rule municipality, on behalf of said municipality. Notary Public Signature (seal) 1! W040,11,11, 1 , "ll � , OWN I Z�7:7:1 'i tll� :Yt11►1'i M►11 i11 Y:7_ ill Y FIELD NOTES DESCRIPTION 0.130 Aire (5,671.9 sq.ft.) all MOM, acre tract conveyed to Jon P. Chalker et al. in a Warranty Deed with Vendor's Lien Recorded in Volume 2628, Page I of the Official Public Records of Guadalupe County, Texas; being more particularly described as follows: THENCE: N 15*1152 W — 25.94 feet along Eastern line of the remainder of the said �4.6264 acre tract, the Western line of the said 7.783 acre tract to a corner of this easement; THENCE: N 59'21'12" E — 226.88 feet across said 7.783 acre tract to a point on the Western line of Jonas Woods Unit 4 as shown on a plat recorded in Volume 4, Page 565 of the Plat Records of Guadalupe County, Texas, the Eastern line of the said 7.783 acre tract, for a comer of this easement; THENCE: S 15'10'28" E — 25.94 feet along said line to a Y2 inch iron rod with yellow I-clastic cap marked 'Tord Eng Inc" set for the Northeastern comer of the said permanent water line easement, this day described, for a comer of this easement, from which a Y2 I nch iron rod found on the Northwestern line of Maske Road for the Southeastern comer *f the said 7.783 acre tract bears S 15'10'28" E — 17.66 feet; FORD ENGINEERING, INC. 10927 WY-- DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (20) 590-4777 FAX: 590-4940 1-800-332-3109 Web Site.. www.fordengineering.com TBPE NO, F -1162 P BEARING DISTANCE j NE LESE I E —] 16.60' ND �l i" i"52 -7 r D FO E' 'n, JJI EN 7 E R N, E I LlE14G!mlac J"e�G PLl.NlNUlG DaVELOP­­ T FILE No.:1124.91—SURVEY.DWG �� FORD hojectNo: 1124.91 ENGINEERING, Page I of 2 Project Name: Maske Rd. Waterline 1:19IRP 1-0 W-MAL 0.09 45.2 sq. ft.) Utility Easement A 0.09 Acre (3,745.2 sq. ft.) Utility Easement situated in the Torbio, Herrera League No. 68, Abstract No. 153 and being a portion of that certain 7.783 acre tract conveyed to Jon P. Chalker et al in a Warranty Deed with Vendor's Lien Recorded in Volume 2628, Page 1 of the Official Public Records of Guadalupe County, Texas; being more particularly described as follows: 1111111111111ilillm nminnvi 1 11111 rX7971T7T,-7rM7fM M: -61ITTITTERLEFF1 431,1111107 Iff t1ro nul, /. / 0J line of the remainder of a 44.6264 acre tract conveyed to Betty Joe Boggess in Volume 1080, Page 400 of the Official Public Records of Guadalupe County, Texas, for the Southwestern comer of this easement; MM M I RMIAMMMISIMMM III easement; Iwo IM11111111111,61111.6i 4 MT JR&ONligi AIA�l ANW-P.�VIV- M unI', my supervision; 10927 WY: DRIVE, SUITE M, SAN ANTONIO, TEXAS 78217 (210) 590-4777 FAK 590-49' 1-800-332-3109 Web Site: www.fordengineering.com TBPE No. F-1 162 1 111M i M" W141 WMIA, COORDINATES, SOUTH CENTRAL ZONE AAD 83193, 1O421VVY-DRIVE, SUITE W4, SAN ANTONIO, TEXAS 78217 (210) 590-4777 1-800-332-3109 Web Site: www.fordengineering.com TBPE No. F-1 162 �n ��� LEGEND �LINE BEARING ISTANCE I N 1 5�N 11, ID 1 Th,95c standcrrd symbols will L 52" W 6.60' be found in the drawing. L12 S 15'10'28°' E 17.66' I.R.F. 112' IRON ROD FOLIAM @I.R.S. ALL SET PINS ARE 1712' RESAR WIT 4 A YFlInW PIA'Zrr r4P All Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: April 1, 2014 Department: Business Office /Utility Billing Subject: Resolution No. 14 -R- 33 - A Resolution by the City Council of the City of Schertz, Texas approving and authorizing a 36 month agreement with TouchPay Holdings, LP for a payment kiosk. Currently, the City has limited options available for utility customers to pay for their water bill after normal business office hours. The installation of a free - standing payment kiosk center that is available to the public during and after regular operation hours will allow greater access to our citizens to pay their utility bills. Staff researched different options available to provide this service. Staff has negotiated with TouchPay Holdings, LP to provide the kiosk and service for the City. Goal Enter into an agreement with TouchPay Holdings, LP for the installation of a payment kiosk at the Schertz Family YMCA at no charge to the City of Schertz to provide additional convenience payment options to the public. Community Benefit The free standing payment kiosk center is anticipated to be cost efficient and a convenient payment method to the public. The benefits of the payment automation system include: • Reduced after hour phone calls to the police dispatch for utility payments • No cost to the City of Schertz. TouchPay is absorbing the $5,000 cost to interface with our current Incode Billing Software System. TouchPay charges a nominal transaction convenience fee to customers utilizing the service. • No additional cost for cash management, i.e. bank runs. • Unit is portable. Can be moved to a different location if needed. • Kiosk can be used by other departments and agencies to collect payments. • Payments post immediately and all payment inquiries go through TouchPay. • Easy ATM -type use Summary of Recommended Action Approval of Resolution 14 -R -33 authorizing the City Manager to enter into a contract with TouchPay Holdings, LP, for implementation of a free - standing payment kiosk at no cost to the City. FISCAL IMPACT There will be no annual cost to the City for the implementation of a contract with TouchPay Holdings, LP of a free - standing kiosk. This will be a 36 month contract at no cost to the City. TouchPay will charge a nominal transaction convenience fee to customers utilizing the service. The deployment and installation will be covered by TouchPay Holdings, LP. Approval of Resolution No. 14 -R -33 ATTACHMENT Resolution No. 14 -R -33 RESOLUTION NO. 14 -R -33 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH TOUCHPAY HOLDINGS, LP FOR INSTALLATION OF EQUIPMENT AND SOFTWARE PROGRAMS FOR A FREE - STANDING PAYMENT KIOSK FOR CITY OF SCHERTZ PAYMENTS WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into a no cost Agreement with TouchPay Holdings, LP, relating to the implementation of a kiosk for City of Schertz payments; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with TouchPay Holdings, LP pursuant to the Master Services Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with TouchPay Holdings, LP in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 50494755.1 PASSED AND ADOPTED, this I" day of April, 2014 CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50494755.1 EXHIBIT A MASTER SERVICES AGREEMENT 50494755.1 A-1 Master Services Agreement This Master Services Agreement ( "Agreement ") is by and between City of Sehertz (hereinafter "City of Schertz "), and TouchPay Holdings, LP, a Texas Limited Partnership, whose address is 7801 Mesquite Bend Drive, Irving, Texas 75063 (hereinafter "TPH "). CITY OF SCHERTZ and TPH may be referred to in this Agreement individually as a "Party" and collectively as the "Parties." RECITALS WHEREAS, the Parties wish to enter into an Agreement for TPH to provide the herein defined Services for CITY OF SCHERTZ; WHEREAS, TPH represents that it is a duly qualified service provider, experienced in the installation and operation of equipment and software programs for payment and deposit systems and other related services which will benefit users by providing certain deposit and transfer options through the facilitation of electronic deposits into a government accounts via the internet, telephone, free - standing payment kiosks and retail locations; and WHEREAS, CITY OF SCHERTZ wishes to implement and make available the proposed services for its benefit and that of its Senders. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, the parties hereto agree as follows: rN:1010lu10" PURPOSE. To accept and remit payments from the Sender (herein "Sender" shall mean the depositor of a payment funds into a specified account) for the purpose of transferring payments from such Sender into an account on behalf of CITY OF SCHERTZ , and for automated reporting according to Exhibit A (the "Scope of Work ") to this Agreement, attached hereto and made a part hereof. FEES. TPH shall receive fees from the Sender for the Services according to the Fee Schedule attached hereto as Exhibit B. REMITTANCE. For all services and provisions designated in Exhibit A, TPH agrees to transfer all fund amounts, including all cash and all approved credit /debit payments deposited, into the appropriate CITY OF SCHERTZ accounts in the designated system, and be immediately available. TPH will initiate an Automated Clearing House ( "ACH ") credit to CITY OF SCHERTZ 's designated bank account within ninety -six (96) hours after the deposits are authorized and accepted by TPH. TERM. The tern of this Agreement shall commence on the Effective Date and continue thereafter for thirty -six (36) months from the Effective Date, unless terminated earlier in accordance with the provisions of the TERMINATION section below. TERMINATION. This Agreement may be tenninated under the following conditions: a) Termination Without Cause. Notwithstanding any other provision of this Agreement, at any time and without cause, either party shall have the right, in its sole discretion, to tenninate this Agreement by giving ninety (90) days written notice to the other party. b) Termination for Cause. Notwithstanding any other provision of this Agreement, should TPH fail to perform any of its obligations hereunder, within the time and in the manner herein provided, or otherwise violate any of the terms of this Agreement, CITY OF SCHERTZ may immediately terminate this Agreement, if such breach is not cured within thirty (30) days, by giving TPH written notice of such tennination, stating the reason for termination. RIGHTS UPON TERMINATION. Upon termination of this Agreement for any reason, each party shall cooperate in good faith to transition services and resolve outstanding accounts. Title to any and all hardware provided by TPH for the purpose of providing the Services shall remain solely with TPH. Upon termination of this Agreement, all hardware shall be the exclusive property of TPH and will promptly be returned to same. PAYMENTS. a) Pavments into Sender Accounts: For all services designated in Exhibit "A," TPH guarantees that all fund amounts, including all cash and all approved credit /debit payments accepted for the benefit of Sender, the transaction order shall be transferred in real time into the appropriate accounts in the designated system. TPH shall electronically transfer said funds through an automated clearinghouse (ACH) or similar banking system, into the CITY OF SCHERTZ 's designated banking account within ninety -six (96) hours after the payment is authorized and accepted by TPH. TPH will monitor all transactions and take appropriate actions to prevent fraudulent transactions. Any chargebacks received will be the responsibility of CITY OF SCHERTZ. b) Fees to TPH. For all services and incidental costs designated in Exhibit "A" and Exhibit "B ", TPH shall be paid in accordance with the rates and procedures set forth in Exhibit "B ", attached hereto and incorporated herein by this reference. GOVERNING LAW AND VENUE. This agreement shall be governed by and construed in accordance with the laws of the State of Texas. The Parties agree that the proper venue for any litigation arising out of this agreement shall be Guadalupe County, Texas. NOTICES. All notices given under this Agreement must be in writing and personally delivered, or mailed first class, or sent by FAX to the addresses specified below, or to such other addresses as either party may provide to the other by written notice from time to time. Mailed notices are effective two (2) Banking Days after mailed; notice by personal delivery, courier, or FAX is effective when received. To City of Schertz: 1400 Schertz Parkway Schertz, Texas 78154 To TPH: TouchPay Holdings, LP 7801 Mesquite Bend Drive #101 Irving, Texas 75063 Attn: Daniel B. Burgess Fax: 972 -506 -8783 COMPLAINTS. TPH shall be responsible for responding to and resolving all claims, inquiries, or complaints arising out of the acceptance and remittance of payments. CITY OF SCHERTZ shall be responsible for resolving any and all claims, inquiries, or complaints arising out of the application of payments to accounts. The parties agree to cooperate with each other in resolving complaints. REPRESENTATIONS AND WARRANTIES. CITY OF SCHERTZ and TPH each warrant and represent that entering into this Agreement is not a breach of any other agreement and the party signing below has all necessary authority to execute this Agreement. FORCE MAJEURE. Neither party hereto shall be in default of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by war, insurrection, fire, flood, riot, acts of terrorism, shrikes, acts of God, telecommunications failures or errors, systematic internet failure, including by not limited to interruptions by service providers, or any similar event or circumstance not caused, in whole or in part, by such party, and which is beyond the reasonable control of such party. This Agreement, including Exhibits A and B, constitutes the entire agreement between the parties as to its subject matter and supersedes all prior negotiations, agreements, and understandings with respect thereto. This Agreement may be amended only by a writing duly executed by both Parties. 1Y1111 Y X171 YHi. Eli a , 2013 ( "Effective Date "). IN WITNESS WHEREOF, the parties have executed this Agreement, including the Exhibits hereto, by their respective, duly authorized representatives as of the Effective Date above. TOUCHPAY HOLDINGS, LLC by: TouchPay GenPar, LLC, a Texas limited liability company, its Manager BY: NAME: TITLE: DATE: 'A Y &W11ILT4110171 VAN 101IN BY: NAME: TITLE: DATE EXHIBIT A Scope of Work TPH will provide a premise -based proprietary Payment Kiosk and Interactive Voice Response System ( "IVR ") for the processing of certain payment- related services, as set forth herein, which would enable TPH to accept payments from Senders for the purpose of transferring payments from such Sender to CITY OF SCHERTZ PROVISIONS OF PAYMENT - RELATED SERVICES Systems Interface. TPH and CITY OF SCHERTZ (or through their banking system provider) will establish a systems interface that allows for processing of payments directly between the proprietary systems of CITY OF SCHERTZ and TPH. CITY OF SCHERTZ and TPH shall each bear their own costs to affect the systems interface and confidentiality provisions contained in this Agreement shall apply. 2. Instructions to Sender(s). CITY OF SCHERTZ will provide TPH a list of payment types as well as the payment amount for each transaction type. For each payment type CITY OF SCHERTZ and TPH will instruct Sender(s) to provide TPH with the following: a) the account type b) payment account number to which payment is to be credited and c) the sender's full name and address, and d) the payment limits for each transaction type. TPH will use our default parameters unless CITY OF SCHERTZ specifies unique requirements 3. Kiosk. Prior to the installation of any hardware that may be necessary for the payment and /or card services, CITY OF SCHERTZ shall provide TPH with information regarding the location on CITY OF SCHERTZ premises where the Kiosk shall be located. CITY OF SCHERTZ shall prepare the site for the kiosk(s), according to TPH's reasonable instructions. Power and Internet connections are CITY OF SCHERTZ s sole responsibility. 4. Promotion. TPH and CITY OF SCHERTZ shall work together to promote the TPH service. CITY OF SCHERTZ agrees to make its Senders aware of the TPH product through its website and other mutually agreeable means of advertising. TPH will be allowed to distribute marketing material and promotional material to CITY OF SCHERTZ as well as provide a reference link ( "link ") from CITY OF SCHERTZ 's website to the URL designated by TPH for the sole purpose of promoting the Service. 5. Title. Title to all hardware provided by TPH for the purpose of providing payment services shall remain solely that of TPH. Within 30 days of the termination of this agreement or within 30 days of receiving notice from CITY OF SCHERTZ of a termination of this agreement, TPH shall, at its own expense, remove all of its hardware from CITY OF SCHERTZ 's premises. 6. Risk of Loss. TPH shall bear all risk of loss or damage to the hardware. CITY OF SCHERTZ shall not be liable for any loss or damage to the hardware. TPH shall repair or replace a defective hardware upon notice of such failure to TPH at the phone number or address designated for notice in the Agreement. EXHIBIT B Transaction Pricing to CITY OF SCHERTZ This Exhibit provides for the pricing terms under which TPH will provide a certain Payment Services to the Sender of CITY OF SCHERTZ. TPH shall charge and the Sender shall compensate TPH for all services as provided herein under the below fee structure. 1. Pricing Structure: CITY OF SCHERTZ understands and acknowledges that TPH will charge the Sender a fee for the following order types as follows: Pavment Tvve 1 a. For each transaction, TPH will charge the Sender a tiered "Base" fee of: Deposit Amount Base Fee $0.00 to $100.00 $3.00 Each Incremental $100 $3.00 b. For each credit card /debit card transaction, TPH will charge the Sender $3.00 (a) plus 3% of the face amount of each transaction. The additional fee for each transaction is for costs that include account set -up, bookkeeping, customer service, call center operations, the automation and handling of data and all related processes. 2. Price Revisions: The fees charged to Senders will be reviewed on an annual basis to determine market based competitiveness and will be subject to change at TPH's sole discretion. No price increase shall take place without written notice and consultation with CITY OF SCHERTZ at least 30 days prior to the intended rate increase. Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: April 1, 2014 Department: City Management /Finance Subject: Ordinance No. 14 -T -14 - An ordinance by the City Council of the City of Schertz, Texas authorizing a midyear budget adjustment to the General Fund, the EMS Fund, and the EDC Fund; repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date; First reading BACKGROUND With Ordinance 13 -T -34 the City Council of the City of Schertz approved the annual budget for FY 2013 -14. Over the last 6 months the City staff has been able to identify revenue in certain areas that are expected to exceed our budget estimates. By recognizing these additional revenues the City will be able to fund additional programs using a midyear adjustment. Staff has identified unfunded "Top Priority" programs from FY 2013 -14 that remain critical priorities. These programs are repairs to the Recreation Center, and undertaking a Salary and Benefits Survey. Additionally, making a mandated Criminal Justice Information Services (CJIS) upgrade and additional funding for the Facilities Master Plan have been identified for prioritization. All of these programs but the CJIS upgrade were "Top Priority" goals set by City Council and the Leadership Team in February 2013. The midyear budget adjustment will also encompass a few other items as well, including the Senior Center operations, the Caterpillar tax abatement, and a reorganization of personnel funds. Beginning in February 2014 the City took over operations of the Senior Center. Part of the midyear adjustment will be to set up a budget to fund the Senior Center for the remainder of the fiscal year. This is a temporary measure to help continue operations while the City determines if it would be better to outsource the Center's operations or continuing to operate it in- house. In October 2010, the City approved an Agreement with Caterpillar which established a performance -based tax incentive to develop their multi - phased manufacturing facility. This year, the taxable value of Caterpillar increased significantly. As a result, the City increased both revenue and expenses that were unanticipated, with a net gain to the community. The midyear adjustment will recognize the additional amount payable to Caterpillar on their property tax reimbursement, in addition to the already recognized additional revenue that does not require budgeting as it is simply received as additional revenue. This year there is an opportunity to reorganize the City staffing structure. Rather than refilling three vacant positions, the City is able to add four different, new positions and fund one previously authorized position in the General Fund. There are also five title changes and two positions with significant additional duties presented. The savings on compensation amount to $61,632 but $19,218 of equipment for the new personnel will need to be purchased. The overall effect of this reorganization is a savings of $42,414 in the General Fund. The EMS Fund will also receive a new Billing Clerk to assist with the growing demand on that department and will be funded by their own revenues. Goal The goal is to utilize additional revenue to provide funding for one time capital projects and programs which will meet City Goals and priorities without creating a recurring commitment that will impede future budget decisions. Community Benefit These projects each have their own merits for community benefits: • The Recreation Center repairs will increase the safety of the facility and protect the City's investment • The CJIS upgrade to comply with federal guidelines will ensure our emergency systems are protected from outside sources and help maintain a stable and reliant system for our Police Officers • The additional funding for the Facilities Master Plan will help ensure we have the funds available to conduct a complete study that the City can utilize as it continues to grow • The Salary and Benefits Survey will allow the City to hire and retain the best employees Summary of Recommended Action Approval of Ordinance 14 -T -14 approving the midyear budget adjustment. FISCAL IMPACT The overall fiscal impact to the General Fund will be a net $178,362 reduction of the anticipated amount returned to fund balance to $362,340. There will be no fiscal impact to the EMS Fund as the new position will generate revenue equivalent to their expenditures. The fiscal impact to the EDC Fund will be an increase of $345,908 which will increase their anticipate return to reserves to $376,565. RECOMMENDATION Approval of First reading Ordinance No. 14 -T -14 ATTACHMENT Ordinance No. 14 -T -14 Exhibit A AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MIDYEAR BUDGET ADJUSTMENT TO THE GENERAL FUND, THE EMS FUND, AND THE EDC FUND; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 13 -T -34, the City of Schertz (the "City") adopted the budget for the City for the fiscal year 2013 -2014 (the ` Budget), which provides funding for the City's operations throughout the 2013 -2014 fiscal year; and WHEREAS, the City needs to increase the General Fund Budget by $948,087 to fund additional programs in the General Fund, and increase the EMS Fund Budget by $20,630 for an additional EMS Billing Clerk; and WHERAS, the City will recognize $769,725 in net additional revenue from Sales Tax, Permits, Franchises, and Senior Center operations while lowering expectations for Court Fines in the General Fund, and will also recognize $345,908 in additional Sales Tax for the EDC; EMS will recognize an additional $20,630 in fees; and WHERAS, the City will utilize $178,362 in the General Fund from the currently recognized revenues designated to be returned to reserves for the additional programs; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and recognize the net expected revenue increase; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Budget and recognize additional revenues, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget and shall use $948,087 in the General Fund and $20,630 in the EMS Fund from previously unrecognized revenues and reducing the amount of revenues over expenses as shown in "Exhibit A ". Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the day of , 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of 12014. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - Exhibit A Midyear Adjustment FY 2013 -14 Budget Proposed Reason Budget For FY 2013 -14 Change 14,838,672 1,778,605 1,205,062 70,100 2,890,298 30,000 685,780 1,975,009 468,200 23,941,726 88,375 950,368 394,221 112,790 185,524 450,000 811,672 200,860 189,876 2,258,380 269,690 69,037 406,684 295,026 142,703 5,462,198 3,053,490 471,768 650,987 1,105,905 799,748 254,503 142,522 53,615 834,976 454,136 1,445,789 414,508 473,301 267,159 490,646 298,529 74,000 6,400 23,579,386 362,340 Recognize 7% sales tax growth over previous year Recognize additional CPS Franchise Fees Recognize recent and upcoming commercial permits Shortage in Court Fines, Recognize Senior Center Revenue Recognize grant from Wellmed for Senior Center Reorganization Step Up Pay for Senior Center New Plans Examiner position Rec Center Repairs, Facility Master Plan Funding, Salary Survey, Tax Abatement Reorganization Fund Authorized and Vacant Engineer position New Fire Inspector position Step Up Pay for Senior Center To set up the Senior Center Budget Reorganization CJIS Update, New Computers Title and Grade Change Adopted Budget 1 Midyear FY 2013 -14 Adjustment General Fund 101 REVENUES Taxes 14,146,857 691,815 Franchises 1,738,605 40,000 Permits 1,007,062 198,000 Licenses 70,100 0 Fees 3,053,888 (163,590) Fines 30,000 0 Inter - Jurisdictional 685,780 0 Inter -Fund Transfers 1,975,009 0 Miscellaneous 464,700 3,500 TOTAL Revenue 23,172,001 769,725 EXPENSES City Council 88,375 0 City Manager 984,533 (34,165) Municipal Court 394,221 0 Customer Relations -311 112,272 518 Planning 155,482 30,042 Legal Services 450,000 0 General Services 811,672 0 Building 6 -8 Maintenance 200,860 0 City Secretary 189,876 0 Non Departmental 1,491,127 767,253 Public Affairs 343,115 (73,425) Records Management 69,037 0 Schertz Magazine 406,684 0 Engineering 259,672 35,354 GIS Department 142,703 0 Police 5,462,198 0 Fire Rescue 3,022,948 30,542 Inspections 471,768 0 Marshal Service 650,987 0 Public Works- Streets 1,105,905 0 Parks 796,658 3,090 Pools 254,503 0 Event Facilities 142,522 0 Senior Center 0 53,615 Library 874,697 (39,721) Animal Control 454,136 0 Information Technology 1,273,129 172,660 Human Resources 414,508 0 Finance 470,977 2,324 Purchasing 267,159 0 Fleet Maintenance 490,646 0 Building Maintenance 298,529 0 City Assistance 74,000 0 Court Restricted Funds 6,400 0 TOTAL EXPENSES 22,631,299 948,087 Revenue over /(under) 540,702 (178,362) Exhibit A Midyear Adjustment FY 2013 -14 Budget Proposed Reason Budget For FY 2013 -14 Change 14,838,672 1,778,605 1,205,062 70,100 2,890,298 30,000 685,780 1,975,009 468,200 23,941,726 88,375 950,368 394,221 112,790 185,524 450,000 811,672 200,860 189,876 2,258,380 269,690 69,037 406,684 295,026 142,703 5,462,198 3,053,490 471,768 650,987 1,105,905 799,748 254,503 142,522 53,615 834,976 454,136 1,445,789 414,508 473,301 267,159 490,646 298,529 74,000 6,400 23,579,386 362,340 Recognize 7% sales tax growth over previous year Recognize additional CPS Franchise Fees Recognize recent and upcoming commercial permits Shortage in Court Fines, Recognize Senior Center Revenue Recognize grant from Wellmed for Senior Center Reorganization Step Up Pay for Senior Center New Plans Examiner position Rec Center Repairs, Facility Master Plan Funding, Salary Survey, Tax Abatement Reorganization Fund Authorized and Vacant Engineer position New Fire Inspector position Step Up Pay for Senior Center To set up the Senior Center Budget Reorganization CJIS Update, New Computers Title and Grade Change ALL FUND REVENUES 1,115,633 ALL FUND EXPENSES 968,719 ALL FUND 146,914 `a Exhibit A Midyear Adjustment FY 2013 -14 Budget Adopted Proposed Reason Budget Midyear Budget For FY 2013 -14 Adjustment FY 2013 -14 Change EMS Fund 203 l REVENUES l Fees 5,563,353 20,630 5,583,983 Inter - Jurisdictional 1,556,828 0 1,556,828 Miscellaneous 239,500 0 239,500 TOTAL Revenue 7,359,681 20,630 7,380,311 EXPENSES Schertz EMS 6,873,232 20,630 6,893,862 New Biling Clerk with equipment TOTAL EXPENSES 6,873,232 20,630 6,893,862 Revenue over /(under) 486,449 0 486,449 Economic Development REVENUES Taxes -Sales Tax 3,095,036 345,908 3,440,944 Miscellaneous 10,175 0 10,175 TOTAL Revenue 3,105,211 345,908 3,451,119 EXPENSES Economic Development 3,074,554 0 3,074,554 TOTAL EXPENSES 3,074,554 0 3,074,554 Revenue over /(under) 30,657 345,908 376,565 ALL FUND REVENUES 1,115,633 ALL FUND EXPENSES 968,719 ALL FUND 146,914 `a Exhibit A Midyear Adjustment For the 2013 -14 Budge GENERAL FUND EXPENSES Current Budget Midyear Adjustment Ending Budget 101 151 - 511110 Regular $ 680,685.00 $ (25,959.00) $ 654,726.00 101 151 - 511180 LTD $ 2,110.00 $ (81.00) $ 2,029.00 101 151 - 511310 FICA - Employer $ 52,884.00 $ (1,986.00) $ 50,898.00 101 151 - 511350 TMRS- Employer $ 108,740.00 $ (4,091.00) $ 104,649.00 101 151- 511410 Health- Employer $ 43,815.00 $ (2,048.00) $ 41,767.00 101 153 - 511110 Regular $ 78,652.00 $ 270.00 $ 78,922.00 101 153 - 511120 Overtime $ 1,000.00 $ 150.00 $ 1,150.00 101 153 - 511310 FICA - Employer $ 6,279.00 $ 32.00 $ 6,311.00 101 153 - 511350 TMRS - Employer $ 12,910.00 $ 66.00 $ 12,976.00 101 154 - 511110 Regular $ 92,490.00 $ 19,756.00 $ 112,246.00 101 154- 511180 LTD $ 287.00 $ 61.00 $ 348.00 101 154- 511310 FICA - Employer $ 7,460.00 $ 1,551.00 $ 9,011.00 101 154- 511350 TMRS - Employer $ 15,340.00 $ 3,114.00 $ 18,454.00 101 154- 511410 Health- Employer $ 12,283.00 $ 2,560.00 $ 14,843.00 101 154- 571000 Furniture & Fix $ - $ 3,000.00 $ 3,000.00 101 167 - 537450 Tax Reimbursement /Abatements $ 390,583.00 $ 207,253.00 $ 597,836.00 101 167 - 541300 Other Cons] /Professional Services $ 85,000.00 $ 85,000.00 $ 170,000.00 101 167 - 548000 Transfer Out $ - $ 50,000.00 $ 475,000.00 101 167 - 548000 Transfer Out $ - $ 425,000.00 $ 475,000.00 101 170 - 511110 Regular $ 209,438.00 $ (58,876.00) $ 150,562.00 101 170 - 511180 LTD $ 649.00 $ (183.00) $ 466.00 101 170 - 511310 FICA - Employer $ 16,352.00 $ (4,504.00) $ 11,848.00 101 170 - 511350 TMRS - Employer $ 33,623.00 $ (9,279.00) $ 24,344.00 101 170 - 511410 Health - Employer $ 24,565.00 $ (3,583.00) $ 20,982.00 101 170 - 571000 Furniture & Fix $ - $ 3,000.00 $ 3,000.00 101 173 - 511110 Regular $ 150,528.00 $ 24,082.00 $ 174,610.00 101 173 - 511180 LTD $ 467.00 $ 75.00 $ 542.00 101 173 - 511310 FICA - Employer $ 11,544.00 $ 1,842.00 $ 13,386.00 101 173 - 511350 TMRS - Employer $ 23,738.00 $ 3,795.00 $ 27,533.00 101 173 - 511410 Health - Employer $ 12,283.00 $ 2,560.00 $ 14,843.00 101 173 - 571000 Furniture & Fix $ 3,000.00 $ 3,000.00 $ 6,000.00 101 257 - 511110 Regular $ 1,685,222.00 $ 19,756.00 $ 1,704,978.00 101 257 - 511180 LTD $ 4,769.00 $ 61.00 $ 4,830.00 101 257 - 511310 FICA - Employer $ 152,338.00 $ 1,551.00 $ 153,889.00 101 257 - 511350 TMRS - Employer $ 313,239.00 $ 3,114.00 $ 316,353.00 101 257 - 511410 Health - Employer $ 188,617.00 $ 2,560.00 $ 191,177.00 101 257 - 535100 Uniforms $ 56,000.00 $ 500.00 $ 56,500.00 101 257 - 571000 Furniture & Fix $ 5,000.00 $ 3,000.00 $ 8,000.00 101 460 - 511110 Regular $ 331,463.00 $ 2,600.00 $ 334,063.00 101 460 - 511310 FICA - Employer $ 27,818.00 $ 160.00 $ 27,978.00 101 460 - 511350 TMRS- Employer $ 57,200.00 $ 330.00 $ 57,530.00 101 465 - 521000 Operating Suppl $ - $ 600.00 $ 5,400.00 101 465 - 521000 Operating Supplies $ - $ 4,800.00 $ 5,400.00 101 465 - 521110 Office Supplies $ - $ 3,600.00 $ 3,600.00 101 465 - 533200 Electric Utility Service $ - $ 3,600.00 $ 3,600.00 101 465 - 533410 Water Utility Service $ - $ 640.00 $ 640.00 101 465 - 534100 Advertising $ - $ 2,400.00 $ 2,400.00 101 465 - 537700 Senior Citizen $ - $ 31,950.00 $ 31,950.00 101 465 - 541300 Other Cons] /Pro $ - $ 3,625.00 $ 3,625.00 101 465 - 551100 Building Maintenance $ - $ 2,400.00 $ 2,400.00 101 665- 511110 Regular $ 520,307.00 $ (31,278.00) $ 489,029.00 101 665- 511180 LTD $ 1,240.00 $ (97.00) $ 1,143.00 101 665- 511310 FICA - Employer $ 41,126.00 $ (2,393.00) $ 38,733.00 101 665- 511350 TMRS - Employer $ 82,196.00 $ (4,929.00) $ 77,267.00 3 Exhibit A Midyear Adjustment For the 2013 -14 Budge 101 665 - 511410 Health- Employer $ 55,272.00 $ (1,024.00) $ 54,248.00 101 853 - 532300 Computer Consulting $ 25,000.00 $ 20,000.00 $ 45,000.00 101 853 - 532360 Software Maint- Department Specific $ 221,417.00 $ 50,000.00 $ 271,417.00 101 853 - 533310 Telephone / Celephone $ 65,788.00 $ 180.00 $ 65,968.00 101 853 - 533320 Telephone /Air Card $ 35,000.00 $ 180.00 $ 35,180.00 101 853- 571300 Computer & Peri $ 188,453.00 $ 102,300.00 $ 290,753.00 101 868 - 511110 Regular $ 327,110.00 $ 1,878.00 $ 328,988.00 101 868 - 511180 LTD $ 1,014.00 $ 6.00 $ 1,020.00 101 868 - 511310 FICA - Employer $ 25,682.00 $ 144.00 $ 25,826.00 101 868 - 511350 TMRS- Employer $ 52,808.00 $ 296.00 $ 53,104.00 $ 948,087.00 GENERAL FUND REVENUES Current Budget Current Budget Midyear Adjustment Ending Budget 101 000 - 411500 Sales Tax Revenue $ 6,179,166.00 $ 691,815.00 $ 6,870,981.00 101 000 - 451000 Municipal Court Fines $ 1,662,300.00 $ (317,000.00) $ 1,345,300.00 101 000 - 421220 City Public Service $ 420,837.00 $ 40,000.00 $ 460,837.00 101 000 - 452300 Plan Check Fee $ 262,264.00 $ 99,000.00 $ 361,264.00 101 000 - 431210 Bldg Permit - Commercial $ 120,000.00 $ 50,000.00 $ 170,000.00 101 000 - 431215 Bldg Permit - General $ 135,296.00 $ 148,000.00 $ 283,296.00 101 000 - 495060 Grant - Wellmed /Senior Center $ - $ 3,500.00 $ 3,500.00 101 000 - 458460 Senior Center Rental $ - $ 18,000.00 $ 18,000.00 101 000 - 456110 Senior Center Membership Fee $ - $ 5,625.00 $ 5,625.00 101 000 - 456120 Senior Center Meal Fee $ - $ 30,785.00 $ 30,785.00 $ 769,725.00 EMS FUND Current Budget Midyear Adjustment Ending Budget 203 000 - 456100 Ambulance /Mileage Transport Fee $ 5,398,953.00 $ 20,630.00 $ 5,419,583.00 203 280 - 511110 Regular $ 1,550,345.00 $ 10,483.00 $ 1,560,828.00 203 280 - 511180 LTD $ 5,975.00 $ 33.00 $ 6,008.00 203 280 - 511310 FICA - Employer $ 147,438.00 $ 802.00 $ 148,240.00 203 280 - 511350 TMRS - Employer $ 282,821.00 $ 1,652.00 $ 284,473.00 203 280 - 511410 Health - Employer $ 218,360.00 $ 2,560.00 $ 220,920.00 203 280 - 571300 Computer & Periph < $5,000 $ 125,000.00 $ 2,100.00 $ 127,100.00 203 280 - 571000 Furniture & Fixtures $ 5,000.00 $ 3,000.00 $ 8,000.00 OTHER RELATED REVENUES Current Budget Midyear Adjustment Ending Budget 620 000 - 411500 Sales Tax Revenue $ 3,095,036.00 $ 345,908.00 $ 3,440,944.00 404 000 - 486101 Transfer In- General Fund $ - $ 425,000.00 $ 425,000.00 406 000 - 486101 Transfer In- General Fund $ - $ 50,000.00 $ 50,000.00 4 Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: April 1, 2014 Department: City Management /Finance Subject: Ordinance No. 14 -T -15 - an ordinance by the City Council of the City of Schertz, Texas amending the City of Schertz code of ordinances and certain other ordinances by amending and establishing fees for senior center related services provided by the City of Schertz; providing that this ordinance shall be cumulative of all ordinances as to such subject; providing for future amendment of this ordinance by resolution; providing a severability clause; providing for a penalty clause; providing a savings clause; and providing an effective date. (First Reading) BACKGROUND The Schertz Senior Center was operated by the Comal County Senior Citizens Foundation until February 2014 wherein the City of Schertz terminated the agreement and took over operation of the program. This program serves over 250 registered members with lunches, events, trips, and social gatherings. In order to collect revenues associated with the normal operations of the center, the City needs to establish fees for the rental of the facility, for membership of the center, and for lunches during the week. Goal To establish fees to supplement the operations of the Senior Center. Community Benefit By establishing these fees that were charged by the Comal County Senior Citizens Foundation previously we can limit the impact of the City undertaking the operations of the Center. Since City currently operates this program these fees need to be set to reduce the impact of the center operations on the city budget and the general population. Summary of Recommended Action Approval of first reading of Ordinance 14 -T -15 approving the Schedule of Fees for the Senior Center. FISCAL IMPACT This will allow the City to recognize an additional $54,410. Approval of Ordinance No. 14 -T -15 on first reading. ATTACHMENT Ordinance No. 14 -T -15 Exhibit A ORDINANCE NO. 14 -T -15 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CITY OF SCHERTZ CODE OF ORDINANCES AND CERTAIN OTHER ORDINANCES BY AMENDING AND ESTABLISHING FEES FOR SENIOR CENTER RELATED SERVICES PROVIDED BY THE CITY OF SCHERTZ; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AS TO SUCH SUBJECT; PROVIDING FOR FUTURE AMENDMENT OF THIS ORDINANCE BY RESOLUTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Schertz (the "City ") has established by ordinances and resolutions for fees for licenses, pennits, and services provided by the City; and WHEREAS, the City Council has authorized a review and a consolidation of certain fees for licenses, permits, and services provided by the City; and WHEREAS, the Schedule of Fees amendment attached as Exhibit A reflects new fees related to the services provided by the Senior Center; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. All persons, firms, or corporations receiving City services described on Exhibit A that require the payment of a fee incident to such application or service shall pay the fees as prescribed in the Fee Schedule amendment attached hereto as Exhibit A and made a part of hereof. It shall be a violation of this Ordinance to conduct any activity or commence any use or receive any service for which payment of a fee described herein is required until such fee has been paid (if required to be paid in advance) or to fail to pay such fee when properly billed. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Schertz, Texas as to the fees set forth on Exhibit A effect on the effective date of this Ordinance, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. Cy xyl 1[470 �c� The City Council may, from time to time, by ordinance add to the fees set forth on Exhibit A, and the fees now or hereafter set forth on Exhibit A may be modified from time to time by resolution of the City Council. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5. Subject to the last sentence of this Section, any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of provisions of this Ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. If any other ordinance, including the Code of Ordinances, establishes a different penalty for the failure to pay any fee on Exhibit A, the provisions of such other ordinance or the Code of Ordinances shall control with respect to such penalty. SECTION 6. All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the Code of Ordinances in effect on the effective date of this Ordinance and modified by this Ordinance or any other ordinances in effect on the effective date of this Ordinance and modified by this Ordinance and requiring the payment of fees for licenses, permits, and other services provided by the City which have accrued on the effective date of this Ordinance; and any and all accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. This Ordinance shall be in full force and effect from and after its final passage and any publication required by law. Passed and approved on the first reading this day of 12014. PASSED AND APPROVED ON FINAL READING this day of 2014. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary Exhibit A City of Schertz Schedule of Fees (Senior Center 1 2013 -141 Facility Rental Rate Per Night $ 100.00 Membership Fee Membership Fee, per month $ 3.00 Hot Meal* Member Lunch $ 4.00 NonMember Lunch $ 5.00 *Financial assistance is available for lunches as needed