04-15-2014 Agenda with backupSPECIAL JOINT MEETING AGENDA
SCHERTZ CITY COUNCIL AND THE SCHERTZ ECONOMIC DEVELOPMENT
CORPORATION
AND
City Council
REGULAR SESSION CITY COUNCIL
April 15, 2014, 6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
Policy 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
► ► 4:00 p.m. to 6:00 p.m. t t
Animal Adoption Center Grand Opening
Call to Order - Special Joint Meeting (City Council and Schertz Economic Development
Corporation meeting
Invocation and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Youth Minister Jon Wilson, Cibolo Valley Baptist Church)
1. Call to order by each Governing Body.
2. Discussion and possible action regarding the sustainability of our successes with the
Schertz Economic Development Corporation. (M. Carpenter /SEDC)
Executive Session
3. City Council and the Economic Development Corporation will meet in closed session
under section 551.087 Texas Government Code, Deliberation regarding Economic
Development Negotiations with business prospects E -003 and E -004.
04 -15 -2014 Council Agenda
Reconvene into Special Joint Session
3. a. Take any necessary action based on discussions held in closed session under Agenda
Item number 3.
Roll Call Vote Confirmation
Adiournment
4. Both Governing bodies adjourn Special Joint Meeting.
Call to Order — City Council Regular Session
City Events and Announcements
• Announcements of upcoming City Events (J. Bierschwale /B. James)
• Announcements and recognitions by City Manager (J. Kessel)
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
thereof. Any 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, during the Hearing of Residents portion of the agenda, will call on those persons who
have signed up to speak in the order they have registered.
Workshop
• Discussion and possible action regarding the need for an additional new ambulance,
and options to purchase in FY 2014. (J. Bierschwale/D. Wait)
• Discussion regarding the proposed Enclosed Community Swimming Pool and
Aquatic Facility of Competition Quality. (B. James)
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 — Approve the minutes of the regular meeting of April 8, 2014 (J. Kessel /B.
Dennis)
04 -15 -2014 City Council Agenda Page - 2 -
2. Ordinance No. 14 -D -16 — Approve an Ordinance amending the Code of Ordinances of
the City of Schertz, Texas to prohibit parking from the driveway of the Oaks of Green
Valley II Shopping Center to the bridge structure on the north side of the road,
approximately 115 feet. Final Reading (K. Woodlee /L. Busch)
3. Resolution No. 14 -R -38 — Approve a Resolution authorizing a modification to the
existing construction contract for the construction of three baseball fields, an equipment
storage building and associated support systems. (J. Kessel/P. Gaudreau)
Discussion and Action Items
4. Resolution No. 14 -R -37 — Consideration and/or action approving a Resolution
authorizing and approving publication of Notice of Intention to issue Certificates of
Obligation; complying with the requirements contained in Securities and Exchange
Commission Rule 15c2 -12. (J. Kessel/M. McLiney /A. Friedman)
5. General Obligation Bonds - Presentation and consideration and /or action by
Southwest Securities, the City's Financial Advisor, regarding refunding the City's
General Obligation Bonds, Series 2006 for Debt Service Savings and authorizing the
City Staff and Financial Advisor to proceed with the refunding. (J. Kessel /M.
McLiney /A. Friedman)
6. Resolution No. 14 -R -36- Consideration and /or action approving a Resolution
approving a Landscape Construction and Maintenance Agreement with the Texas
Department of Transportation regarding the Landscaping of the Comal Settlement
Historical Marker. (B. James /S. Willoughby)
Roll Call Vote Confirmation
Requests and Announcements
7. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
8. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
9. 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
04 -15 -2014 City Council Agenda Page - 3 -
Executive Session
10. City Council will meet in closed session under section 551.087 Texas Government
Code, Deliberation regarding Economic Development Negotiations with business
prospects E -003 and E -004.
Reconvene into Regular Session
10. a. Take any necessary action based on discussions held in closed session under Agenda
Item number 10.
Roll Call Vote Confirmation
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 11th DAY OF APRIL 2014 AT 3:00
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.
grevA2 pevwa's
Brenda Dennis CPM, TRMC, MMC, City Secreta
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.
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
04 -15 -2014 City Council Agenda Page - 4 -
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
Mayor Carpenter
Mayor Pro -Tem Scadiola — 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
Councilmember — Duke — Place 5
Audit Committee
Audit Committee
ASA Commuter Rail District Board — Lone Star
Investment Advisory Committee
Hal Baldwin Scholarship Committee
04 -15 -2014 City Council Agenda Page - 5 -
Agenda No. Workshop C
CITY COUNCIL MEMORANDUM
City Council Meeting: April 15, 2014
Department: Emergency Medical Services
Subject: Workshop Presentation — Present the need
for an additional new ambulance as soon as
possible and options to accomplish this
purchase in FY 2014
BACKGROUND
In the EMS Department budget for Fiscal Year 2014, City Council approved the purchase of one
new ambulance by financing up to $150,000 for four years. While planning the purchase of this
new unit to take our fleet to eight reliable ambulances, we had another ambulance reach a point
that Fleet Services can no longer support keeping it in service as a safe and reliable reserve unit.
(See attached email from Jon Harshman, Fleet Manager). With a growing need for a fifth unit in
service during peak times and truly a need for a sixth unit at times, we need to now acquire two
(2) new ambulances so that we can have a fleet of eight (8) reliable in- service ambulances. This
will place our fleet at 133% of anticipated peak unit hour need which is a level recommended by
Fitch in our recent consultant report.
The two newest ambulances that we purchased, manufactured by Crestline out of Canada,
continue to have a few minor issues. Difficulties in getting these addressed combined with the
recent reorganization and changes in manufacturing and pricing at Crestline cause us to look at
other builders that could meet our needs. We have found at least three vendors (Braun
Ambulance, Demers Ambulance and Horton Ambulance) that can build an appropriate unit to
meet our needs. We are looking at an identical patient module box to be placed on either a
Chevy Van chassis or a Mercedes Sprinter Van chassis based upon chassis availability and cost.
To assure we will get the best possible pricing on these units, we would recommend making our
final decision through a sealed bid process.
The due process we have done to date leads us to believe we can acquire these two units at an
approximate cost of $150,000 each. This does not include a stretcher or stair chair ($15,000 per
ambulance) or other disposable and non - disposable equipment. Radios for two ambulances were
included in the recent P25 radio purchase (one for the planned new unit and one for the
ambulance no longer in service).
In review of our current operational status and our approved budgeted funds, we have found the
following options to fit this purchase within the currently approved budgeted funds for FY 2014.
First, our FY 2014 budget had funds available to replace our field supervisor vehicle ($80,000)
and to purchase the Road Safety Driver Monitoring System ($96,000). After discussing with
staff, we feel that we could delay both of these purchases until FY 2015 and use these funds
($176,000 total) to make the allocation of a second ambulance possible immediately.
After reviewing our current financial performance with the Finance Department and with City
Management, the EMS Department would like to discuss two options with City Council for
making this additional purchase this year.
• Increase the currently approved financing from $150,000 to $225,000, still
for four years and using $75,000 cash as a down payment on the purchase.
This will leave $101,000 of reallocated budget funds that could be used to
complete the purchase of needed equipment for the second ambulance and
put approximately $75,000 into reserve at the end of the fiscal year for
future ambulance replacements; OR,
• Use the reallocated funds to pay cash for the second ambulance and only
finance the original amount of $150,000 for the purchase of the first new
unit. The $176,000 of reallocated funds should allow for the purchase of
the ambulance and needed equipment but would leave no additional
dollars available for additional reserves.
Goal:
Staff would recommend that we pursue obtaining bids for the purchase of two new ambulances.
Once the final cost is known, staff will return to Council with the total cost of two ambulances
and the cost of financing the debt versus paying cash. At that time, we will seek Council's
approval of the best vendor to build two new units and to approve the best course of action on
how to complete the purchase.
As we plan for the next several years, we also anticipate requesting one more new ambulance in
Fiscal Year 2015 to retire our last remaining excessively used ambulance. After this is
accomplished, we will be able to begin a regular unit replacement schedule as proposed this
fiscal year.
FISCAL IMPACT
None
ATTACHMENT(S)
Email from Jonathan Harshman regarding status of Ambulance 261
Wait, Dudley
From: Harshman, Jonathan
Sent: Thursday, January 09, 2014 4:47 PM
To: Wait, Dudley; Mabbitt, Jason M.
Cc: Scurlock, Kellie L.; Bradford, Toni L.; Troncoso, Matt; Letbetter, Doug; Hooks, Jim;
Willoughby, Sam; Bierschwale, John
Latest update on #261 (2001 Ford Van Ambulance)
We have recently been trying to resolve two key issues with the #261. One is with the rear axle assembly that needs
replaced due to a worn and scarred rear spindle hub in the area where the inner bearing seal rides and after multiple
attempts with a variety of different seals and tactics the only option is replacement ($1500.00 used + $400.00 for
supporting hardware parts or $2800.00 new + $400.00 for supporting hardware) .. The other issue concerning the front
frame and suspension is due to the fact that we can't keep the truck aligned due to the front frame being relaxed (New
frame cost ? ? ?? + labor). Last year new spring perches had to be welded onto the frame after the old ones cracked. This
has now fatigued the frame and the truck can not be kept in alignment. The other issues are the emergency brake needs
replaced ($1684.00), and the front seats need replaced also as they have no spring support and the passengers are
ridding on the frame($600.00 used + shipping).
The only good news here is if we agree this truck needs to be decommissioned, we will have transferred the shoreline
inverter /charger ($1700.00) to #262 (the other Ford) and we can use many of the other most recently replaced parts that
#261 has on it to #262 and save approx.$2000.00 in the future repairs.
,ion Yfarshman
Fleet Supervisor
City of Schertz / Public Works
10 Commercial Place, Bldg 1
Schertz, Tx 78154
210 - 619 -1814 phone #
210 - 619 -1849 fax #
Community. Service. Opportunity
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: April 15, 2014
Department:
Subject:
BACKGROUND
City Secretary
Minutes
The City Council held a regular meeting on April 8, 2014.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the regular meeting on April 8, 2014.
ATTACHMENT
Minutes — regular meeting April 8, 2014
MINUTES
REGULAR MEETING
April 8, 2014
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 8,
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 Pro -Tem David Scagliola
Councilmember Daryl John
Staff Present:
Executive Director John Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Councilmember Jim Fowler
Councilmember Cedric Edwards
City Manager John Kessel
Executive Director Brian James
City Attorney Charles Zech
Deputy City Secretary Donna Schmoekel
Mayor Michael Carpenter and Councilmember Duke were absent.
Call to Order
Mayor Pro-Tern Scagliola called the Regular Meeting to order at 6:00 p.m.
Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas
Reverend Richard Young, Universal City United Methodist Church provided the invocation
followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas.
Presentations:
• Proclamation National Crime Victims Rights Week (Christi Williams/Michele Meehan)
Mayor Pro-Tern Scagliola read and presented the Proclamation to Ms. Christy Williams, Ms.
Michele Meehan, and Ms. Dixie Bane with the Guadalupe County Children's Advocacy
Center.
City Events and Announcements
,w
• Announcements of upcoming City Events (J. Bierschwale /B. James)
Mayor Pro -Tem Scagliola recognized Executive Director Brian James who provided the
following announcements and upcoming events:
• Wednesday, April 9, Health and Wellness Expo, Schertz Civic Center, 8:00 a.m. to
Noon.
• Thursday, April 10, Northeast Partnership Meeting, Olympia Hills Golf Course and
Conference Center, Universal City, 11:30 a.m. to 1:00 p.m.
• Thursday, April 10, Community Volunteer Fair, Schertz Civic Center, 5:30 to 7:00
p.m.
04 -08 -2014 Minutes Page - 1 -
• Friday, April 11, Randolph Family Dental Ribbon Cutting, 3900 FM 3009, 11:00
a.m. to Noon.
• Saturday, April 12, Lions Club Easter in the Park, Pickrell Park, 8:00 a.m. to 1:00
p.m.
• Monday, April 14, George Logan Retirement BBQ, Pickrell Park, 11:00 a.m. to 1:00
p.m.
• Tuesday, April 15, Schertz Chamber of Commerce Luncheon, Civic Center, 11:30
a.m. to 1:30 p.m.
• Tuesday, April 15, Animal Adoption Center — Grand Opening, 800 Community
Circle, 4:00 p.m. to 5:30 p.m.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Pro -Tem Scagliola recognized City Manager John Kessel who gave a shout out to the
Library. Ms. Melissa Uhlhorn is the new Library Director, but the whole Library has created
special opportunities within the Library, a human interest opportunity. Mr. Kessel stated that
the Library has a new part time book shelver, one of the Special Education Students from the
school district. He is doing a tremendous job. Mr. Kessel stated that the School provided
some feedback since he has been working at the Library. They said he is doing something in
school that he hasn't before, which was he is singing. He is going to school and he was being
really happy that he was able to go to the Library and put the books on the shelves. The
Library is receiving great work from him and he is happy. Mr. Kessel stated what a great
service the Library has provided to our community and to the one student.
Hearing of Residents:
No one spoke. Mayor Pro -Tem Scagliola announced there was a sign -up sheet in the back for those
students participating in the Hal Baldwin Scholarship.
Consent Agenda Items
1. Minutes - Approval of the minutes of the regular meeting of April 1, 2014 (J. Kessel /B.
Dennis)
M
2. Ordinance No. 14 -T -14 Approval of an Ordinance authorizing a Midyear Budget
Adjustment to the General Fund, EMS Fund, and EDC Fund. Final Reading (J. Kessel /J.
Walters)
The following ead into record:
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
04 -08 -2014 Minutes Page - 2 -
3. Ordinance No. 14 -T -15 — Approval of an Ordinance establishing fees for Senior Center
related services provided by the City of Schertz. Final Reading (J. Kessel /J. Walters)
The following was read into record:
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.
4. Resolution No. 14 -R -34 — Approval of a Resolution authorizing a Professional Services
Agreement with Ford Engineering, Inc., relating to Engineering Design Services for the
Borgfeld Detention Pond Remediation Project. (K. Woodlee /L. Busch)
The following was read into record:
RESOLUTION NO. 14 -R -34
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD
ENGINEERING, INC., RELATING TO ENGINEERING DESIGN SERVICES FOR
THE BORGFELD DETENTION POND REMEDIATION PROJECT, AND OTHER
MATTERS IN CONNECTION THEREWITH
5. Resolution No. 14 -R -35 — Approval of a Resolution authorizing a contract with Ferguson
Waterworks relating to the materials for the construction of the Maske Road Waterline
Project. (J. Bierschwale /S. Willoughby /J. Hooks)
The following was read into record:
RESOLUTION NO. 14 -R -35
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A CONTRACT WITH FERGUSON WATERWORKS RELATING
TO THE MATERIALS FOR THE CONSTRUCTION OF THE MASKE ROAD
WATERLINE PROJECT AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Pro -Tem Scagliola recognized Councilmember Fowler, who moved, seconded by
Councilmember Edwards, to approve the consent agenda items 1 through 5. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Edwards
voting yes and no one voting no. Councilmember Duke was absent. Motion Carried.
04 -08 -2014 Minutes Page - 3 -
Discussion and Action Items
6. Ordinance No. 14 -D -16 — Consideration and /or action approving an Ordinance amending the
Code of Ordinances of the City of Schertz, Texas to prohibit parking on Arroyo Verde from the
driveway of the Oaks of Green Valley II Shopping Center to the bridge structure on the north
side of the road, approximately 115 feet. First Reading (K. Woodlee /L. Busch)
The following was read into record:
ORDINANCE NO. 14 -D -16
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ,
TEXAS BE AMENDED BY REVISING ARTICLE V, SECTION 86 -149 PARKING
PROHIBITED ON ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ; AND
PROVIDING AN EFFECTIVE DATE
Mayor Pro -Tem Scagliola recognized Engineer -In- Training Larry Busch wh introduced this
item stating staff attended an HOA meeting for the Arroyo Verde Subdivision where
residents discussed concerns of sight distance for the driveway from the new Oaks at Green
Valley II Shopping Center. Specifically, the residents mentioned when driving towards FM
3009 on Arroyo Verde drivers, cannot see a vehicle pulling out from the retail center if there
are vehicles parked along the north side of Arroyo Verde towards the residential subdivision.
Staff visited the site to investigate and found that the curvature of the roadway and angle of
the driveway approach does raise concerns. Also, staff made frequent visits to the site to try
and determine the impact removing the parking will have on the businesses and it appears
that within the times observed there will not be a significant impact. Staff recommends
prohibiting parking on Arroyo Verde from the driveway of Oaks at Green Valley II to the
bridge structure on the north side of the road, approximately 115 ft. The staff
recommendation was approved by the Traffic Safety Advisory Commission on March 6,
2014.
Mayor Pro -Tem Scagliola recognized Councilmember Edwards who stated when you are
trying to turn on FM 3009 from Arroyo Verde; people are parking on both sides up to the
corner. He stated that they are also parking in front of the driveway up toward the tree break.
The area is completely congested on both sides up to the corner at night from the driveway to
FM 3009. Councilmember Edwards stated that there is also a fitness class that is going on in
this area that is creating more parking issues as night. Basically, it is turning into a one lane
street. You have to wait for on- coming traffic coming in and out. Councilmember Edwards
stated that staff should look at the area, particularly during the early evening hours, and see
how the area could be adjusted. Councilmember Edwards also asked staff to look at traffic
going toward the neighborhood of Arroyo Verde, as it is also being used for parking.
Mayor Pro -Tem Scagliola recognized City Manager John Kessel who reinstated, and to be
certain we understand that the whole intersection is congested all the way to the bridge, and
what Councilmember Edwards is suggesting is that none of this area should be used for
parking on the street, primarily because it is all either turn lanes out on to FM 3009 or turn
lanes out and turn lanes into driveways. There are two drive ways that are offset slightly in
04 -08 -2014 Minutes Page - 4 -
this area, so no matter where you are in the whole area, you have someone either trying to
turn in or out, and what you are suggesting is that it is just too congested to use that street for
parking at all. Councilmember Edwards concurred. Councilmember Edwards reiterated that
this is at peak times, 6:00 p.m., and it is there for a couple of hours until 8:00 or 9:00 p.m.
Mr. Busch concurred that they had observed the heaviest traffic during those times, and that
by eliminating parking on the one side, it should help and they are concerned with the
parking getting closer to FM 3009.
Mayor Pro -Tem Scagliola recognized Executive Director of Development Brian James who
stated that perhaps tonight it seems that part of the problems seems to be stemming from
scheduling of classes. He stated what they could do and would might have the ability is to
come out and stripe the no parking up to the corner that currently is not allow by law, which
is 30 feet. What the City will propose to do is do both sides to the corner of FM 3009. Mr.
James stated that the Council could do a couple of things tonight; Council could approve
what is being recommended tonight, staff will take a look at the peak times that has been
mentioned and run it back through the Transportation Safety Advisory Commission and get
their input, and based on their input staff can come back to Council with additional
recommendations. Councilmember Edwards concurred.
Councilmember Edwards also asked if there was a future expansion planned in this particular
area. Mr. James stated that he was unaware of an expansion as there are some flood plain
issues and his impression was they did not have any more area that could be developed.
Councilmember Edwards suggested making that area a parking lot. Mr. James stated that
staff has had conversations with the businesses and will continue, possibly getting the tenants
to join with the City to talk to the building owner and see if some of the area could be paved
to expand for more parking.
Mayor Pro -Tem Scagliola stated that what he understands is the parking on the street is
directly related to the parking issue on the side of the building. Mr. James answered yes, as
he stated this business has been very successful and parking has been an issue. He stated that
staff will continue to have conversations with tenants and the owner, and hopefully the owner
sees the need for making a further investment in expanding the parking lot, keeping his
tenants happy.
Mr. James again stated for clarification, while this solution may not be the entire fix, it helps.
Staff recommends approving this on first reading tonight and approving on final reading next
week. Staff will go back out and study, contact the property owners and the tenants, then
take it back to the Transportation Safety Advisory Commission in May and then bring it back
to Council with an update. Council concurred. Mayor Pro -Tem Scagliola also requested staff
look at the parking on the side of the building as well.
Mayor Pro -Tem Scagliola recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler, to approve Ordinance No. 14 -D -16 on first reading with the
modification that staff restudies the area and also includes a parking plan for the building.
The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John,
and Edwards voting yes and no one voting no. Councilmember Duke was absent. Motion
Carried.
04 -08 -2014 Minutes Page - 5 -
7. Ordinance No. 14 -D -17 — Consideration and/or action approving an Ordinance amending the
Code of Ordinances of the City of Schertz, Texas to prohibit parking on Silvertree Blvd., from
the intersection of Silvertree Blvd., and Dove Meadows to 110 feet Southeast of Idelwood on
Silvertree Blvd. First Reading (K. Woodlee/L. Busch)
The following was read into record:
ORDINANCE NO. 14 -D -17
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ,
TEXAS BE AMENDED BY REVISING ARTICLE V, SECTION 86 -149 PARKING
PROHIBITED ON ROADWAYS MAINTAINED BY THE CITY OF
SCHERTZ; AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro -Tem Scagliola recognized Engineer -In- Training Larry Busch who introduced this
item stating at the regular TSAC meeting on January 9th a resident spoke about traffic
concerns on Silvertree Blvd. Staff visited the site and took traffic counts in the area to try
and alleviate their safety concerns. Silvertree Blvd begins as a 42 -foot pavement width cross
section connecting into FM 3009. Within the area of concern the roadway necks down to a
30 -foot pavement width roadway with nearly a 90- degree curve. Also, in the transition
section there is a commercial driveway apron and after the curve there are single residential
lots fronting the roadway and an intersecting roadway. Staff recommends prohibiting
parking from the pavement width transition around the curve to the intersecting roadway.
This would result in approximately 210 -feet of no parking on the northeast side of Silvertree
and 240 -feet of no parking on the southwest side of the road. Mr. Busch stated that part of
the problem is the over flow parking from Silvertree Nursing Home. Staff spoke to the
manager at Silvertree where they stated that the employees have a shift change at 2:00 p.m.,
and sometimes the parking lot over flows generally during that portion of the day. Staff's
recommendation was approved by the Traffic Safety Advisory Commission on March 6,
2014.
Mayor Pro -Tem Scagliola recognized Councilmember Edwards who stated he knows the
area and that along the curve area normally there are three F -350 trucks that are parked. He
notices a piece of property that is unused and asked if this was an effective use of the
property when we have a street that chokes down and turns into a one way when there is
parking on both sides. He suggested that a possible solution would be to square off the circle
area, which might alleviate some of the problem. Mr. Busch stated that it would possibly
help on the curve area but the area is still tied into the intersection. The home actually goes
up to the corner and backs off into a green lot. Councilmember Edwards asked does the City
have to pass an ordinance for that particular street just because it is choked down when we
can come to a solution quickly, which he believes they could come to a better solution than
just passing a no parking in that area. He stated he is not negating what TSAC and the staff
are recommending; he just wanted to see about a different solution as he suggested that
would be better. He also understands everything has a cost to it.
Mayor Pro -Tem Scagliola recognized Executive Director of Development Brian James who
came forward stating part of the frustration was residents in the neighborhood believing that
04 -08 -2014 Minutes Page - 6 -
business parking was encroaching into the neighborhood. It is also an odd curve where there
are site distance problems and he didn't get the idea that it wasn't wide enough to get past. It
was more that there is a business in the area where they are parking in the neighborhood.
Mayor Pro -Tem Scagliola stated that he would like to see staff work with Silvertree in
assisting in the employee parking issue. The fact is there is not enough parking for Silvertree,
and he believes you are fixing the system and not the problem.
Mr. James stated that he would see if on the site plan the business could pick up more
parking spaces, but believes that there is not. Mr. James stated again that this is more of a
scheduling issue on how Silvertree schedules their employees. They could stagger
scheduling their employees so they all don't overlap at the same time. Mr. James stated staff
would schedule a meeting with Silvertree and suggest possible alternative shift changes. Mr.
James stated that until the other property becomes developed, he believes that this is only a
temporary fix, while again stating that in most parking cases, the site plan provides for
sufficient parking. While parking is fine normally, there are those times where it is
congested and we make due. Mr. James continued address Council questions and
concerns.
Mayor Pro -Tem Scagliola stated that he didn't want to lose focus on what the City values
are; again he encouraged discussions with Silvertree and the neighbors to try and resolve the
parking issues, thus keeping the business and homeowners happy. 01
Mayor Pro-Tern Scagliola recognized Councilmember Fowler, who moved, seconded by
Councilmember John, to approve Ordinance No. 14 -D -17 first reading with the provision to
continue to work with Silvertree to find additional parking and report back to Council. The
vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and
Edward voting yes and no one voting no. Councilmember Duke was absent.
Councilmember Fowler was absent. Motion Carried.
Roll Call Vote Confirmation
n
Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of
items 1 through 7.
Requests and Announcements
8. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements provided.
9. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No items requested.
04 -08 -2014 Minutes Page - 7 -
10. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Pro -Tem Scagliola recognized Councilmember Fowler who stated he attended the
following events:
• Monday, March 31, 2014, Employee Pre - Budget Meeting
• Tuesday, April 1, 2014, EMS 40th Anniversary Luncheon
• Thursday, April 3, 2014, One year celebration at New Haven Assisted Living
• Friday, April 4, 2014, Council /Staff Budget Works
I
Mayor Pro -Tem Scagliola stated he attended the following events:
• Tuesday, April 1, 2014, EMS 40th Anniversary Luncheon
• Thursday, April 3, 2014, One year celebration at New Haven Assisted Living
• Friday, April 4, 2014, Council /Staff Budget Workshop ,
Adjournment
As there was noJurtherhVtne9$4J&meeting was adjourned at 6:52 p.m.
Mayor Pro -Tem, David Scagliola
ATTEST:
City Secretary, Brenda Dennis
04 -08 -2014 Minutes Page - 8 -
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: April 15, 2014
Department: Engineering / Public Works
Subject: Ordinance No. 14 -D -16- An Ordinance by
the City Council of the City of Schertz,
Texas providing that the Code of Ordinances
of the City of Schertz, Texas be amended by
revising Article V, Section 86 -149 Parking
Prohibited on Roadways Maintained by the
City of Schertz. (Final Reading)
BACKGROUND
Staff attended an HOA meeting for the Arroyo Verde Subdivision where residents discussed
concerns of sight distance for the driveway from the new Oaks at Green Valley II Shopping
Center. Specifically, the residents mentioned when driving towards FM 3009 on Arroyo Verde
drivers cannot see a vehicle pulling out from the retail center if there are vehicles parked along
the north side of Arroyo Verde towards the residential subdivision. Staff visited the site to
investigate and found that the curvature of the roadway and angle of the driveway approach does
raise concerns. Also, staff made frequent visits to the sight to try and determine the impact
removing the parking will have on the businesses and it appears that within the times observed
there will not be a significant impact. Staff recommends prohibiting parking on Arroyo Verde
from the driveway of Oaks at Green Valley II to the bridge structure on the north side of the road
approximately 115 ft. The staff recommendation was approved by the Traffic Safety Advisory
Commission on March 6, 2014.
At the April 8, 2014 Council Meeting, Council passed the Ordinance on first reading to prohibit
parking with the understanding staff will expand the scope of the study and return to Council
following final action on this Ordinance with a solution that addresses a larger area.
Goal
To ensure that all streets maintained by the City are currently listed and up to date in the City
Code of Ordinances and to alleviate the sight issues due to parking at the Oaks of Green Valley
II Shopping Center to ensure that the citizens of Schertz have safe methods to exit their
subdivision.
Community Benefit
City Ordinances are current and up to date regarding all streets owned maintained by the City to
strive to provide for the safety of the citizens of Schertz.
Summary of Recommended Action
Recommend approval on final reading to prohibit parking on Arroyo Verde from the driveway of
the Oaks of Green Valley II Shopping Center (as shown in Exhibit A) to the bridge structure on
the north side of the road, approximately 115 feet.
FISCAL IMPACT
The fiscal impact will be $160 for no parking signs paid out of FY 2013 -14 approved budget
account number 101 - 359 - 551600 Street Maintenance
RECOMMENDATION
Staff recommends Council approve on final reading Ordinance No. 14 -D -16 to amend Article 5,
Section 86 -149 Parking Prohibited of the Code of Ordinances to include prohibition of parking
on Arroyo Verde from the driveway of the Oaks of Green Valley II Shopping Center (as shown
in Exhibit A) to the bridge structure on the north side of the road, approximately 115 feet.
ATTACHMENT
Ordinance No. 14 -D -16
Exhibit A
ORDINANCE NO. 14 -D -16
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF
SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE V, SECTION 86-
149 PARKING PROHIBITED ON ROADWAYS MAINTAINED BY THE
CITY OF SCHERTZ; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it has been established that from the driveway of the Oaks of Green Valley
II Shopping Center to the bridge structure on the north side of the road, approximately
115 -feet is not covered under Article V, Section 86 -149 Parking Prohibited of the City
Code of Ordinances.
WHEREAS, it is recommended to add this area to the City Code of Ordinances under
Article V, Section 86 -149, Parking Prohibited.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. Article V, Section 86 -149 of the Code of Ordinances, Parking
Prohibited on Roadways Maintained by the City of Schertz, Texas is amended to add the
following:
Street
Extent
Arroyo Verde From the driveway of the Oaks of Green Valley II
Shopping Center to the bridge structure on the north
side of the road, approximately 115 feet.
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 authorized herein 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 requited by law.
PASSED ON FIRST READING, the 8'" of April, 2014.
PASSED, APPROVED and ADOPTED ON SECOND READING, the day
of .2014.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
Exhibit "A" — Arroyo Verde No Parking
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: April 15, 2014
Department: Parks and Recreation
Subject: Resolution 14 -R -38 Modification
to the existing contract for
construction of the new baseball
fields
BACKGROUND
Goal
To modify the existing contract of a Not -To- Exceed amount of $1,530,056.00 to a new Not -
To- Exceed amount of $1,531,785.00 to address the final City Requested changes including
water line changes to an existing line. These water line changes were requested by the Public
Works Department as a result of a water line connection failure.
Community Benefit
The community will benefit from the addition of three fields which is now complete.
Reasons for Contract Modifications
The original contract with D Wilson was approved by City Council on June 25, 2013 in the
amount of $1,480,000.00 and an additional City controlled contingency amount of
$20,000.00 for a total Not -To- Exceed amount of $1,500,000.00. Change Order #1 was
approved by City Council on November 12, 2013 which increased the contract amount to a
Not -To- Exceed amount of $1,530,056.00 including all allowances.
Summary of Recommended Action
Staff recommends approval of Resolution No 14 -R -38 authorizing the City Manager to
modify the existing contract for the construction of the new baseball fields.
FISCAL IMPACT
Current Approved Contract Amount $1,530,056.00
Total Change Order Amount $ 11,729.00
Total New Not -To- Exceed Amount $1,531,785.00
The Final Contract amount would be $1,531,785.00.
Additional funds required from the 2010 Bond Project are $1,729.00.
Funds will be from the 2010 Bond Package.
RECOMMENDATION
Approval of Resolution 14 -R -38
ATTACHMENT(S)
Copies of Change Orders #2
Resolution No. 14 -R -38
RESOLUTION NO. 14 -R -38
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A MODIFICATION TO THE
EXISTING CONSTRUCTION CONTRACT FOR THE CONSTRUCTION
OF THREE BASEBALL FIELDS, AN EQUIPMENT STORAGE
BUILDING AND ASSOCIATED SUPPORT SYSTEMS AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City amend the current agreement with D. Wilson Construction Company, Inc. for the
construction of three baseball fields, an equipment storage building and associated support
systems; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
amend the Agreement with D. Wilson Construction Company, Inc., based on the Change Order
attached hereto as Exhibit A (the "Change Order ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver a Contract Modification with D. Wilson Construction Company, Inc. The final total
amount payable under this Contract shall not exceed $1,531,785.00.
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 day of , 2014.
CITY OF SCHERTZ, TEXAS
Michael R Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
CHANGE ORDER NUMBER 2
-- ��- � --=AlA Document 6701`" — 2001
Change Order
PROJECT (Narrre and address):
GRANGE ORDER NUMBER: 002
OWNER:
Schertz Baseball Complex
DATE: Apai 2, Zola
ARCHITECT:
955 Community Circle
12051 Statures[ Drive
CONTRACTOR:
SchetTZ, Texas 98154
San Antonio, TExzas 78247
Rchertz, Texas 98154
ADO
AD _�
FIELD: Q
TO CONTRACTOR M me and odd �er J:
ARCHITECT'S PROJECT NUMBER: 002 -04
OTHER: Q
D. Wilson
CONTRACT DATE: June 25, 2013
BY (Signatur J
12051 Starcros[ Drive
CONTRACT FOR: General Construction
San Antonio, Texas 98249
(TJ'Ped Hama)
(TYPed name)
THE CONTRACT IS CHANGED AS FOLLOWS:
R /u� ,where apphcab /e, any undisputed marount attribumb /e ro peev/ous /y esecu /ed Construct]on Clronge Directives)
See attached Chang¢ Order #2 £or details
The Origival Contract Sum was
The net change by previously authorized Change Orders
The Contract Sum prior to this Change Order was
The Cpnarect Sum will be in ascd by Nis Change Order n the amount pf
Th<tww Cantracl Sum including this Change Order will be
$ 1.480,000.00
$ 40.056.00
O. W neon Consnuc[ion Co.
City of Scher
$ 1.520.056.00
CONTRAOTOR (Firm name)
OWNER (Finn mm�e)
$ 11,929.00
12051 Statures[ Drive
1400 Schertz Parkway
$ 1.531.785.00
San Antonio, TExzas 78247
Rchertz, Texas 98154
The Contrao[ Tim will be increased by twenty -five (25) days.
The data oP Substantial Completion u ofthe date of this Change Order N<reforc is
NOTE: Ths Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum
Price which have been authorized by Construction Change Directive until the cos[ and times Nava bean agreed upon
by bosh the Owner and Contractor, in which cases a Change Order is executed to supersede the Construction Change
Directive
NOT VALID UNTIL SIGNED BY THE ARCHITECT. CONTRACTOR AND OWNER.
LUCK Oeai@r Team,LLC
O. W neon Consnuc[ion Co.
City of Scher
ARCHITECT (F/rnr name)
CONTRAOTOR (Firm name)
OWNER (Finn mm�e)
960 catpm¢nt d., # -4
12051 Statures[ Drive
1400 Schertz Parkway
Aus t Texa ']
San Antonio, TExzas 78247
Rchertz, Texas 98154
ADO
AD _�
ADDRESS
i �� -�
BY (SiSna e
BY (S reJ
BY (Signatur J
Brent LUCk
na,r�.� Wl vz�.ln
r
(ljrPed name)
(TJ'Ped Hama)
(TYPed name)
April z, zola
`i �I7r -I
DATE
DATE
DATE
{3B9ADAtEJ
��so�v
� CONSTf7d>�.'T /ON CO_
Rcqucat for Cfian�.¢ Ordcx- RCO 8- Qnicic Cm�plera
Archifed Luck Design
owner City of 5chertz
General Contractor D Wilson Construction
Scope of work: Adtli[lon of quick coupler hose connections
locaf¢tl behind the pitchers mounds at (3) fields
��so�v
� CONSTRUCT /ON CO_
Request for Change Ord¢r- RCO 9- Bond, Insurance and OHScP foc Change
Orders not Included in the change ocd¢r issued
Architect Luck Design
Owner Qty of Scherta
General Contractor D Wilson Construction
Scope of work: Bond, Insurance and OHgaP Costs assocfatetl
with approved change orders
Contractor
Units
Pricing
Total
Haul Off
1
$ 6,075.00
$
6,075.00
Utilities
1
$ 21,381.00
$
21,381.00
Conduit Repairs
1
$ 4,131.00
$
4,131.00
Irrigation Repairs
1
$ 969.00
$
969.00
Total
$
32,556.00
Bond /Ins 2.2%
$
716.23
Subtotal
$
33,272.23
OH 6.P 5%
$
1,663.61
Total
$
34,936
Balance Oue
$
2,380
��soN
� CONSTR[.®C� ®Od�9 CO_
Request Fnx Change Order- RCO 10 Weather Dnys Time Extension
Through 1 -5 -13
Architect
Luck Design
Owner
City of Scher[z
General Contractor
D Wilson Construction
Scope of work;
Time extension for 25 weather days
��so�v
� CON.S'T�ClCTiON CO_
Requext for Clean�.e Ordcr- RCO 11- Ryc Sccdinb.
Ordcrx over Comingrnry
Architect
Luck Design
Owner
City of Schertz
General Contractor
D Wilson Construction
Scope of work:
Additional rye seeding
��so�v
� CONSTRUCT /ON CO_
Aequeat £or Change Ordet� ACO 12 Owuer Testing
Orders over Contingency
Architect Luck Design
Owner City of Schertz
General Contractor D Wilson Construe[ ion
Scope of work: Raba Kistner Owner Testing
Convector
Units Pricing
Total
Raba Kistner
1
$ 2,224.00
$ 2,224.00
Total
$ 2,224.00
��so�v
� �ONSTRUC'T /ON GO_
Request for Change Order- RCO 13 Pire Line Changes I'¢r Ciry
Ordexa over Contingency
Architett Luck Design
Owner City of Schertz
General Contractor D Wilson Construction
Scope of work: Fire line changes in piping from Fire Llne to Irrigation
meter, relocate Meter, Install Traffic rated box
Contractor
Units Pricing
Material
Total
LE Utilises
Labor
Material
1,098.32
OHSaP 30%
304.532
1 $ 1,500.00
$
1,500.00
1 $ 1,153.15
$
1,163.15
Total
$
2,653.15
Band /Ins 2.2%
Subtotal
OH8:P 5%
Total
$
58.37
$
2,711.52
$
135.58
$
2,847
LE Utilites Pricing Br¢akdown
Material
1,045.32
Subtotal
1,098.32
OHSaP 30%
304.532
Total
1,153.15
• SUPPLY
WATERWORKS
Loca/ SarvJCa, Nationwide
P.O. Box 14'19
t� Thomasville. GA 31799 -1419
16]31 MB U.935 EU3U410658 OeUU5O3Ufi9 P1696U930002 :UU05
Illhrh• dP• Plllhnlh •ndl••b•Ilhdlllh•u141.11•rdl
L 8 E CONSTRUCTION PIPELINE
8888 S PREBA ST
SAN ANTONIO TX ]6223 -4]40
INVOICE
BRANCH NDORaSS
B a1ndM1M0051O -W TX
Sen Anlonlo TX J82S W00
210/689 -1 iS0
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0888910
INVOICE DATE
2/28H4
ACCOUNT #
2183]8
SALESPERSON
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BRANCH#
806
$936.68
Remit To:
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PO BOX 840]00
DALLAS. TX ]6284 0]00
staPpaa m:
CUSTOMER PICK -VP -
CUSTOMER JOB- DOVE DOVE CREEK
Ra<um Top Portion WI<h Payment For Faster Credit ThanK You Fof Tha OppoRUnity To Sarve'YOU.
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Job Name
Job No.
Bill of Latlin
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2/26/14
2f27/14
ROCKY
DOVE CREEK
DOVE
WILL CALL
C089410
Product Coda
Description
Ouanticy
Ortlerea
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2903080SHH
3 PVC S60 CPLG HXH 629 -030
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THANK YOU
FOR YOUR ORDER
SAN ANTONIO -W T%
Brancn - OOS VISIT
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San Antonio TX ]8261 0000 FOR OTHER SERVICES OFFERED
t66z:6605
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Description
Unit Price
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60.97
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cot rot n..rad .. _ nv. irPmc
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Fax #
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Total
$66.
3720
2'10- 333 -3724
www.swnippleco.com
Southwest Nipple Company, Inc.
Manufacturer of Pipe Nipples
2831 South W.W. White Rd.
San Antonio, TX 78222
Neme / Atltlresa
Ship To
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EMILiO
237 -0475
cus�ronneR w_o_
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2/27/2014 26136
P.O. No. /Job Rep Ship Via Shlp Oate
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Ortleretl Shippetl Back Ortleretl item Description VNt Price Amount
1 1 TBE 3" X 24 -3/4" GALV TBE 43.09 43.09T
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20 %re ocking Fee stock iteina
No rctums on noor�i� -smek or
sp�ciat ern, �krcaa nr e.00ve hems.
Phone # Fex # Web Site
'10- 333 -3720 210- 333 -3724 www.swnippleco.com
Subtotal
Sales Tax (8.25 % )
Totes 1
$43.09
$3.55
$46.64
1
CITY COUNCIL MEMORANDUM
City Council Meeting: April 15, 2014
Department:
Subject:
BACKGROUND
Administration
Resolution No. 14 -R -37
Agenda No. 4
The City is considering issuing up to $3,000,000 of Certificates of Obligation for the purpose of
constructing a recreation pool and related facilities that will enhance the planned competition pool.
FISCAL IMPACT
The City will enter into an agreement with the YMCA that will help offset the debt service with
annual payments from the YMCA. The Certificates of Obligation will pledge that ad valorem
taxes be used to repay the Obligations, but if payments from the YMCA are sufficient then there
will be no impact on the City's tax rate.
RECOMMENDATION
The City Staff recommends approval of this Resolution No. 14 -R -37
ATTACHMENT
Resolution No. 14 -R -37
50359789.1
RESOLUTION NO. 14 -R -37
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AND APPROVING PUBLICATION
OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF
OBLIGATION; COMPLYING WITH THE REQUIREMENTS
CONTAINED IN SECURITIES AND EXCHANGE COMMISSION
RULE 15c2 -12; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council (the City Council) of the City of Schertz, Texas (the City)
has determined that it is advisable and necessary to issue and sell one or more series of
certificates of obligation (the Certificates) in an amount not to exceed $3,000,000 as provided
pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local
Government Code, Section 271.041 through Section 271.064, for the purpose of paying
contractual obligations of the City to be incurred for making permanent public improvements
and for other public purposes, to -wit: (1) designing, constructing, acquiring, purchasing,
renovating, equipping, enlarging, and improving the Issuer's enclosed community swimming
pool and aquatic facility and related recreational facilities, (2) the purchase of materials, supplies,
equipment, machinery, landscaping, land, and rights -of -way for authorized needs and purposes
relating to the aforementioned capital improvements; and (3) the payment of professional
services related to the design, construction, project management, and financing of the
aforementioned projects; and
WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate
officials of the City must review and approve the distribution of a "deemed final" preliminary
official statement (the Official Statement) in order to comply with the requirements contained in
17 C.F.R. §240.15c2 -12 (the Securities and Exchange Commission Rule); and
WHEREAS, based upon their review of the Official Statement, the appropriate officials
of the City must find to the best of their knowledge and belief, after reasonable investigation, that
the representations of facts pertaining to the City contained in the Official Statement are true and
correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the
City that would adversely affect the issuance of the Certificates or the City's ability to pay the
debt service requirements on the Certificates when due; and
WHEREAS, the City Council will comply with the requirements contained in the
Securities and Exchange Commission Rule concerning the creation of a contractual obligation
between the City and the proposed purchaser(s) of the Certificates (the Purchasers) to provide
the Purchasers with an Official Statement in a time and manner that will enable the Purchasers to
comply with the distribution requirements and continuing disclosure requirements contained in
the Securities and Exchange Commission Rule; and
WHEREAS, the City Council authorizes the Mayor, City Manager, City Secretary, and
the City Attorney, as appropriate, or their designees, to review, approve, and execute any
document or certificate in order to allow the City to comply with the requirements contained in
the Securities and Exchange Commission Rule; and
405591 18.3
WHEREAS, prior to the issuance of the Certificates, the City Council is required to
publish notice of its intention to issue the Certificates in a newspaper of general circulation in the
City, such notice stating (i) the time and place the City Council tentatively proposes to pass the
ordinance authorizing the issuance of the Certificates, (ii) the maximum amount proposed to be
issued, (iii) the purposes for which the Certificates are to be issued, (iv) and the manner in which
the City Council proposes to pay the Certificates; and
WHEREAS, the City Council hereby finds and determines that such documents
pertaining to the sale of the Certificates should be approved, and the City should proceed with
the giving of notice of intention to issue the Certificates in the time, form, and manner provided
by law; and
WHEREAS, the City Council hereby finds and determines that the adoption of this
Resolution is in the best interests of the residents of the City; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
SECTION 1. The City Secretary is hereby authorized and directed to cause notice to be
published of the City Council's intention to issue the Certificates in an amount not to exceed
$3,000,000 for the purpose of paying contractual obligations of the City to be incurred for
making permanent public improvements and for other public purposes, to -wit: (1) designing,
constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the Issuer's
enclosed community swimming pool and aquatic facility and related recreational facilities,
(2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights -of-
way for authorized needs and purposes relating to the aforementioned facilities; and (3) the
payment of professional services related to the design, construction, project management, and
financing of the aforementioned capital improvements. The Certificates will be payable from the
levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable
property within the City and additionally from a pledge of and lien on certain revenues derived
from the operation of the City's utility system. The notice hereby approved and authorized to be
published shall read substantially in the form and content of Exhibit A attached hereto, which
notice is incorporated herein by reference as a part of this Resolution for all purposes.
SECTION 2. The City Secretary shall cause the notice described in Section 1 to be
published in a newspaper of general circulation in the City, once a week for two consecutive
weeks, the date of the first publication shall be at least thirty (30) days prior to the date stated
therein for passage of the ordinance authorizing the issuance of the Certificates.
SECTION 3. The Mayor, City Manager, City Secretary, and the City Attorney, as
appropriate, or their designees, are authorized to review and approve the Official Statement
pertaining to the offering, sale, and issuance of the Certificates and to execute any document or
certificate in order to comply with the requirements contained in the Securities and Exchange
Commission Rule.
40559118.3 -2-
SECTION 4. 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 5. All ordinances and 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 6. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION 7. 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 8. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, as amended, Texas Government Code.
SECTION 9. This Resolution shall be in force and effect from and after the date of its
adoption, and it is so resolved.
[The remainder of this page intentionally left blank.]
40559118.3 -3-
PASSED AND APPROVED, this the 15th day of April, 2014.
CITY OF SCHERTZ, TEXAS
Mayor
ATTEST:
City Secretary
(CITY SEAL)
40559118.3 -4-
Exhibit A
NOTICE OF INTENTION TO ISSUE
CITY OF SCHERTZ, TEXAS
CERTIFICATES OF OBLIGATION
TAXABLE SERIES 2014
NOTICE IS HEREBY GIVEN that the City Council of the City of Schertz, Texas will
convene at its regular meeting place in the City Hall in Schertz, Texas, at 7:00 o'clock P.M.,
Schertz, Texas time on June 3, 2014, and, during such meeting, the City Council will consider
the passage of an ordinance or ordinances and take such other actions as may be deemed
necessary to authorize the issuance of one or more series of certificates of obligation in an
aggregate principal amount not to exceed $3,000,000 for the purpose or purposes of paying
contractual obligations of the City to be incurred for making permanent public improvements
and for other public purposes, to -wit: (1) designing, constructing, acquiring, purchasing,
renovating, equipping, enlarging, and improving the Issuer's enclosed community swimming
pool and aquatic facility and related recreational facilities, (2) the purchase of materials, supplies,
equipment, machinery, landscaping, land, and rights -of -way for authorized needs and purposes
relating to the aforementioned capital improvements; and (3) the payment of professional
services related to the design, construction, project management, and financing of the
aforementioned projects. The certificates of obligation (the Certificates) will be payable from
the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable
property within the City and from a lien on and pledge of certain revenues derived by the City
from the operation of the City's utility system. The Certificates are to be issued, and this notice
is given, under and pursuant to the provisions of the Certificate of Obligation Act of 1971, as
amended, Texas Local Government Code Section 271.041 through Section 271.064, Chapter
1502, as amended, Texas Government Code, and the City's Home Rule Charter.
/s/ Brenda Dennis
City Secretary,
City of Schertz, Texas
40559118.3 A -1
Agenda No. 5
CITY COUNCIL MEMORANDUM
City Council Meeting: April 15, 2014
Department: Administration
Subject: Permission to Proceed with Refunding
Bonds for the Purpose of Achieving Debt
Service Savings.
BACKGROUND
Over the previous months, Mark McLiney and Andrew Friedman of Southwest Securities, the
City's financial advisor, discussed the ability to refund a portion of the outstanding General
Obligation Bonds, Series 2006 for debt service savings with City Staff as interest rates have
continued to remain near historic lows.
FISCAL IMPACT
The City's currently outstanding Series 2006 General Obligation Bonds, which are supported by
ad valorem taxes, become callable on February 1, 2016. The City can issue new Bonds and
Refund the existing Obligations in advance of their call date and achieve debt service savings.
Based upon today's interest rates a new Refunding Bond would save the City approximately
$612,000 or $47,000 per year.
f.7 X0305 hi I Ole I MEN @[Q e I
Staff recommends that the City Council approve the City's financial advisors to proceed with the
necessary steps to refund the Series 2006 Bonds and present the Council with final interest rates
and savings at the City's regularly scheduled May 20, 2014 City Council meeting where final
action will be taken by the Council.
ATTACHMENT
Preliminary Refunding Analysis
Ali AA 1► /_1W991a 0L1103.10:1 to] ►1DU01
City of Schertz, Texas
GO Refunding Bonds, Series 2014
** *Preliminary, Subject to Change * **
BQ Rates as of April 7, 2014 + 50 BPs
Bond
Maturity
Date
Interest
Rate
Par
Amount
Call
Date
Call
Price
General Obligation
Bonds, Series 2006:
CIB
02/01/2018
4.200%
475,000.00
02/01/2016
100.000
02/01/2019
4.300%
655,000.00
02/01/2016
100.000
02/01/2020
4.375%
685,000.00
02/01/2016
100.000
02/01/2021
4.400%
715,000.00
02/01/2016
100.000
TERM1
02/01/2022
5.250%
750,000.00
02/01/2016
100.000
02/01/2023
5.250%
790,000.00
02/01/2016
100.000
TERM2
02/01/2024
5.250%
835,000.00
02/01/2016
100.000
02/01/2025
5.250%
880,000.00
02/01/2016
100.000
TERM3
02/01/2026
5.250%
925,000.00
02/01/2016
100.000
02/01/2027
5.250%
975,000.00
02/01/2016
100.000
7,685,000.00
Apr 7, 2014 2:56 pm Prepared by Southwest Securities, Inc. - ATF Page 1
M91111.101I 1011M11l*Kola19►1931
City of Schertz, Texas
GO Refunding Bonds, Series 2014
** *Preliminary, Subject to Change * **
BQ Rates as of April 7, 2014 + 50 BPs
Dated Date 05/15/2014
Delivery Date 06/26/2014
Sources:
Bond Proceeds:
Par Amount
7,845,000.00
Accrued Interest
33,264.10
Premium
508,992.65
8,387,256.75
Other Sources of Funds:
From I &S 223,354.73
8,610,611.48
Uses:
Refunding Escrow Deposits:
Cash Deposit 0.98
SLGS Purchases 8,413,603.00
8,413,603.98
Other Fund Deposits:
Accrued Interest 33,264.10
Cost of Issuance:
Other Cost of Issuance 100,000.00
Delivery Date Expenses
Underwriter's Discount 58,837.50
Other Uses of Funds:
Cash Deposit 4,905.90
8,610,611.48
Apr 7, 2014 2:56 pm Prepared by Southwest Securities, Inc. - ATF Page 2
SAVINGS
City of Schertz, Texas
GO Refunding Bonds, Series 2014
** *Preliminary, Subject to Change * **
BQ Rates as of April 7, 2014 + 50 Bps
Date
Prior
Debt Service
Prior
Receipts
Prior
Net Cash Flow
Refunding
Debt Service
Refunding
Receipts
Refunding
Net Cash Flow
Savings
Present Value
to 06/26/2014
@ 2.8244743%
09/30/2014
190,090.63
223,354.73
(33,264.10)
33,264.10
(33,264.10)
(517.63)
09/30/2015
380,181.26
380,181.26
363,610.28
363,610.28
16,570.98
15,690.73
09/30/2016
380,181.26
380,181.26
331,125.00
331,125.00
49,056.26
46,309.58
09/30/2017
380,181.26
380,181.26
329,725.00
329,725.00
50,456.26
46,321.35
09/30/2018
845,206.26
845,206.26
795,012.50
795,012.50
50,193.76
44,815.03
09/30/2019
1,001,148.76
1,001,148.76
948,925.00
948,925.00
52,223.76
45,384.55
09/30/2020
1,002,081.88
1,002,081.88
954,250.00
954,250.00
47,831.88
40,403.90
09/30/2021
1,001,367.50
1,001,367.50
953,612.50
953,612.50
47,755.00
39,253.70
09/30/2022
1,000,950.00
1,000,950.00
952,100.00
952,100.00
48,850.00
39,122.81
09/30/2023
1,000,525.00
1,000,525.00
949,712.50
949,712.50
50,812.50
39,657.47
09/30/2024
1,002,868.75
1,002,868.75
954,200.00
954,200.00
48,668.75
36,979.39
09/30/2025
1,002,850.00
1,002,850.00
955,300.00
955,300.00
47,550.00
35,185.53
09/30/2026
1,000,468.75
1,000,468.75
950,100.00
950,100.00
50,368.75
36,312.66
09/30/2027
1,000,593.75
1,000,593.75
948,600.00
948,600.00
51,993.75
36,518.07
11,188,695.06
223,354.73
10,965,340.33
10,386,272.78
33,264.10
10,353,008.68
612,331.65
501,437.13
Savings Summary
PV of savings from cash flow
Plus: Refunding funds on hand
Net PV Savings
501,437.13
4,905.90
506,343.03
Apr 7, 2014 2:56 pm Prepared by Southwest Securities, Inc. - ATF Page 3
Apr 7, 2014 2:56 pm Prepared by Southwest Securities, Inc. - ATF Page 4
BOND PRICING
City of Schertz, Texas
GO Refunding Bonds, Series
2014
** *Preliminary, Subject to Change
* **
BQ Rates as of April 7, 2014 +
50 BPs
Maturity
Yield to Call
Call
Premium
Bond Component Date
Amount
Rate
Yield Price
Maturity Date
Price
(- Discount)
Bond Component:
02/01/2015
10,000
2.500%
0.890% 100.956
95.60
02/01/2016
40,000
3.500%
1.050% 103.869
1,547.60
02/01/2017
40,000
3.500%
1.250% 105.731
2,292.40
02/01/2018
515,000
3.500%
1.580% 106.687
34,438.05
02/01/2019
690,000
3.500%
1.830% 107.329
50,570.10
02/01/2020
720,000
3.500%
2.100% 107.355
52,956.00
02/01/2021
745,000
3.500%
2.400% 106.673
49,713.85
02/01/2022
770,000
3.500%
2.650% 105.812
44,752.40
02/01/2023
795,000
3.500%
2.830% 105.079
40,378.05
02/01/2024
830,000
4.000%
2.950% 108.718
72,359.40
02/01/2025
865,000
4.000%
3.100% 107.419 C
3.170% 02/01/2024
100.000
64,174.35
02/01/2026
895,000
4.000%
3.300% 105.715 C
3.399% 02/01/2024
100.000
51,149.25
02/01/2027
930,000
4.000%
3.410% 104.792 C
3.525% 02/01/2024
100.000
44,565.60
7,845,000
508,992.65
Dated Date
05/15/2014
Delivery Date
06/26/2014
First Coupon
02/01/2015
Par Amount
71845,000.00
Premium
508,992.65
Production
81353,992.65
106.488115%
Underwriter's Discount
(58,837.50)
(0.750000 %)
Purchase Price
81295,155.15
105.738115%
Accrued Interest
33,264.10
Net Proceeds
8,328,419.25
Apr 7, 2014 2:56 pm Prepared by Southwest Securities, Inc. - ATF Page 4
BOND DEBT SERVICE
City of Schertz, Texas
GO Refunding Bonds, Series 2014
** *Preliminary, Subject to Change * **
BQ Rates as of April 7, 2014 + 50 BPs
Dated Date 05/15/2014
Delivery Date 06/26/2014
Period
Ending
Principal
Coupon
Interest
Debt Service
Annual
Debt Service
02/01/2015
10,000
2.500%
207,697.78
217,697.78
08/01/2015
145,912.50
145,912.50
09/30/2015
363,610.28
02/01/2016
40,000
3.500%
145,912.50
185,912.50
08/01/2016
145,212.50
145,212.50
09/30/2016
331,125.00
02/01/2017
40,000
3.500%
145,212.50
185,212.50
08/01/2017
144,512.50
144,512.50
09/30/2017
329,725.00
02/01/2018
515,000
3.500%
144,512.50
659,512.50
08/01/2018
135,500.00
135,500.00
09/30/2018
795,012.50
02/01/2019
690,000
3.500%
135,500.00
825,500.00
08/01/2019
123,425.00
123,425.00
09/30/2019
948,925.00
02/01/2020
720,000
3.500%
123,425.00
843,425.00
08/01/2020
110,825.00
110,825.00
09/30/2020
954,250.00
02/01/2021
745,000
3.500%
110,825.00
855,825.00
08/01/2021
97,787.50
97,787.50
09/30/2021
953,612.50
02/01/2022
770,000
3.500%
97,787.50
867,787.50
08/01/2022
84,312.50
84,312.50
09/30/2022
952,100.00
02/01/2023
795,000
3.500%
84,312.50
879,312.50
08/01/2023
70,400.00
70,400.00
09/30/2023
949,712.50
02/01/2024
830,000
4.000%
70,400.00
900,400.00
08/01/2024
53,800.00
53,800.00
09/30/2024
954,200.00
02/01/2025
865,000
4.000%
53,800.00
918,800.00
08/01/2025
36,500.00
36,500.00
09/30/2025
955,300.00
02/01/2026
895,000
4.000%
36,500.00
931,500.00
08/01/2026
18,600.00
18,600.00
09/30/2026
950,100.00
02/01/2027
930,000
4.000%
18,600.00
948,600.00
09/30/2027
948,600.00
7,845,000
2,541,272.78
10,386,272.78
10,386,272.78
Apr 7, 2014 2:56 pm Prepared by Southwest Securities, Inc. - ATF Page 5
61IIf•If•/_ 1=91A0:1M011D71► Mill! 0 MIJ W
City of Schertz, Texas
GO Refunding Bonds, Series 2014
** *Preliminary, Subject to Change * **
BQ Rates as of April 7, 2014 + 50 BPs
Dated Date
05/15/2014
Delivery Date
06/26/2014
Arbitrage yield
2.824474%
Escrow yield
0.246461%
Value of Negative Arbitrage
322,676.88
Bond Par Amount
7,845,000.00
True Interest Cost
3.009372%
Net Interest Cost
3.123464%
Average Coupon
3.795853%
Average Life
8.420
Par amount of refunded bonds 7,685,000.00
Average coupon of refunded bonds 5.068195%
Average life of refunded bonds 8.602
PV of prior debt to 06/26/2014 @ 2.824474%
9,125,779.96
Net PV Savings
506,343.03
Percentage savings of refunded bonds
6.588719%
Percentage savings of refunding bonds
6.454341%
Apr 7, 2014 2:56 pm Prepared by Southwest Securities, Inc. - ATF Page 6
Apr 7, 2014 2:56 pm Prepared by Southwest Securities, Inc. - ATF Page 12
ESCROW STATISTICS
City of Schertz, Texas
GO Refunding Bonds, Series 2014
** *Preliminary, Subject to Change * **
BQ Rates as of April 7, 2014 + 50 BPs
Modified
Yield to Yield to Perfect
Value of
Total
Duration
Receipt Disbursement Escrow
Negative
Cost of
Escrow Cost
(years)
Date Date Cost
Arbitrage
Dead Time
Global Proceeds Escrow:
8,413,603.98
1.528
0.246461% 0.246461% 8,090,927.08
322,676.88
0.02
8,413,603.98
8,090,927.08
322,676.88
0.02
Delivery date 06/26/2014
Arbitrage yield 2.824474%
Apr 7, 2014 2:56 pm Prepared by Southwest Securities, Inc. - ATF Page 12
Agenda No. 6
CITY COUNCIL MEMORANDUM
City Council Meeting: April 15, 2014
Department: Public Works
Subject: Resolution- 14 -R -36- A Resolution by the City Council
of the City of Schertz, Texas authorizing a Landscape
Construction and Maintenance Agreement with the
Texas Department of Transportation regarding the
landscaping of the Comal Settlement Historical Marker,
and other matters in connection therewith.
BACKGROUND
The Schertz Historical Preservation Committee and Comal Settlement Association petitioned
Texas Department of Transportation ( "TxDOT ") to allow their groups to install and maintain
landscaping around a Comal Settlement Historic Marker at the intersections of Old
Nacogdoches Road and FM 482. TxDOT requires a "Landscape Construction and
Maintenance Agreement" agreement with the City of Schertz to accept responsibility for the
work. The Agreement requires the City to ensure that "adequate insurance for payment of
damages which might result during Facility activities" be provided.
Initially the City had planned to enter into an "Acknowledgement of Conditions for
Landscape Maintenance Work" Agreement with the Schertz Historical Preservation
Committee and Comal Settlement Association to perform all of the labor, installation, and
maintenance in the area. The requirement for provision of adequate insurance proved
problematic. As such it is agreed that the City will host volunteer work days to organize,
oversee and supervise the installation and maintenance of the landscaping. The two groups
will purchase the landscaping materials. Volunteers will need to sign waivers /hold harmless
agreements to participate in the work days which will be supervised by a City employee.
Goal
To enter into an Landscape Construction and Maintenance Agreement with TxDOT for
the purpose of allowing City to hold volunteer events to allow members of the Schertz
Historical Preservation Committee and the Comal Settlement Association to help install
and maintain landscaping around the Comal Settlement Historic Marker located at the
intersections of Old Nacogdoches Road and FM 482.
Community Benefit
To provide an aesthetically pleasing environment to the community, residents, and
visitors that will choose to spend time at this specified landmark.
Summary of Recommended Action
Staff recommends council approve the agreement with the Texas Department of
Transportation.
FISCAL IMPACT
Less than $1,000 per year in staff time to oversee work events.
RECOMMENDATION
Staff recommends council approve Resolution 14 -R -36.
ATTACHMENTS
Resolution 14 -R -36
TxDOT Landscape Construction and Maintenance Agreement and Exhibits
RESOLUTION NO. 14 -R -36
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A LANDSCAPE CONSTRUCTION
AND MAINTENANCE AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION REGARDING THE
LANDSCAPING OF THE COMAL SETTLEMENT HISTORICAL
MARKER, AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that
the City enter into a Landscape Construction and Maintenance Agreement with the Texas
Department of Transportation ( "TxDOT ") regarding a landscaping project for the Comal
Settlement Historical Marker at the intersection of Old Nacogdoches Road and FM 482; and
WHEREAS, Texas Department of Transportation requires a Landscape Construction and
Maintenance Agreement with the City to accept liability for the work; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the Landscape Construction and Maintenance Agreement with TxDOT attached hereto
as Exhibit A (the "Agreement ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with TxDOT in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 15th day of April, 2014.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
MAINTENANCE AND CONSTRUCTION AGREEMENT
A -1
LANDSCAPE CONSTRUCTION
AND MAINTENANCE
AGREEMENT
THE STATE OF TEXAS }
}
COUNTY OF COMAL }
THIS AGREEMENT is made by and between the State of Texas, acting by and
through the Texas Department of Transportation, hereinafter called the "State ", and the
City of Schertz, acting through its duly authorized officials, as evidenced by Resolution
Number , dated , hereinafter called the "City ".
WITNESSETH
WHEREAS, the State owns and maintains a system of highways, including FM
482, in Comal County, Texas, for public use and benefit; and
WHEREAS, the State agrees to allow the construction of a landscape project
along Old Nacogdoches Road at the intersection with FM 482, hereinafter referred to as
the "Facility," attached hereto as Exhibit A; and
WHEREAS, the City of Schertz agrees to install landscaping and conduct the
Facility's long -term maintenance activities for the Facility through the use of City forces,
City contractors, or other means satisfactory to the City and the State.
NOW THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto be by them respectively kept and
performed as hereinafter set forth, the State and the City do mutually agree as follows:
AGREEMENT
ARTICLE 1. Term of Agreement.
This Agreement becomes effective when finally executed (signed) by the State and shall
continue unless or until otherwise terminated as provided herein.
ARTICLE 2. Project Funding.
The City will provide for and/or fund the cost of construction of the Facility as shown on
Exhibit A.
1
The City will provide for or fund the long -term maintenance activities for the Facility at
no cost to the State.
ARTICLE 3. Responsibility of the Parties.
A. The City agrees to:
1. Provide landscape design plans to the State for approval and
furnish and install landscape plants, mulch, irrigation
meters /systems, and other related landscape installation items that
may be required; and
2. Perform and/or provide, to the satisfaction of the State, long -term
maintenance of the Facility to include but not be limited to the
following activities:
(a) Pruning, fertilizing and disease control as may be
reasonably required to ensure the continued
viability and establishment of the plant material;
(b) Maintaining the planting beds reasonably free of
objectionable weed and grass growth that would
adversely affect the growth of the plants;
(c) Maintaining and operating the irrigation system (if
applicable), or providing water in the amount and to
the frequency required, to ensure the continued
viability and establishment of the plant material;
(d) Replacing plant material as may be reasonably
required to ensure that the Facility functions as
intended during the term of the Agreement;
(e) Providing for mowing of turf and removal of litter
where applicable to maintain the area in a neat and
presentable condition;
(f) Maintaining concrete pavers, sidewalks, lighting,
fencing, and all other features constructed as part of
the Facility; and
3. Furnish, erect and maintain any barricades, signs and traffic
handling devices, in accordance with the latest Texas Manual of
Uniform Traffic Control Devices (MUTCD) and to the satisfaction
of the State, as may be required to protect the safety of the public;
and
2
4. Conduct periodic inspections as deemed necessary.
B. The State agrees to:
Cooperate with the City to determine requirements for barricades,
signs and traffic handling devices to be used by the City during
installation and maintenance of the Facility; and
2. Conduct periodic inspections as deemed necessary.
C. The City and State further agree that nothing contained in this Agreement
will be construed to:
Give either party the power to direct and control the day -to -day
activities of the other; or
2. Constitute the parties as partners, joint venturers, co- owners or
otherwise as participants in a joint or common undertaking; or
3. Allow either party to create or assume any obligation on behalf of
the other party for any purpose whatsoever.
ARTICLE 4. Use of Contractor or Group.
The City shall have the right to engage any responsible Contractor or Group to perform
or provide any portion of the City's Facility activities specified in this Agreement.
However, notwithstanding this provision, the City will continue to remain responsible to
the State to ensure performance of all its duties and responsibilities specified in this
Agreement. The City shall ensure that any Contractor or Group complies with all
provisions of this agreement, and federal, state, and local laws, and regulations as may be
applicable.
In the event the City engages a Contractor to perform Facility maintenance activities
under this Agreement, the City shall ensure that said Contractor shall indemnify the State
for any and all damages and claims for damages by said Contractor, its employees,
agents, or representatives, including any claims resulting from bodily injury or death to
others, or, for loss of or damage to property of others, arising out of, incident to, or in any
manner connected to Facility maintenance activities, and, for any or all liability arising
from the negligent acts of said Contractor, its employees, agents, or representatives.
In the event the City engages and approves a responsible Group to perform Facility
maintenance activities under this Agreement, the City shall require and ensure that said
Group's authorized representative obtain, review, and execute the "Acknowledgment Of
Conditions For Landscape Maintenance Work," attached and incorporated herein as
Exhibit B, and thereafter maintain the record in its files.
ARTICLE 5. Indemnification.
The City and the State each acknowledge responsibility for the acts, deeds, errors and
omissions of its own employees. The parties agree that the Texas Tort Claims Act
pertaining to governmental liability for tortious conduct and/or property damage shall
apply to this Agreement.
ARTICLE 6. Termination.
This Agreement may be terminated under any of the following conditions:
A. By mutual written agreement and consent of both parties; or
B. By either party upon giving the other party thirty (30) days prior written
notice; or
C. By the State, in the event the State determines that the Facility is not in the
best interest of the traveling public.
If the City terminates this Agreement, as provided herein, the City will be responsible for
repair or removal of the Facility. In the event that the City does not provide the repair or
removal services, the State may remove or repair the Facility and request reimbursement
for any reasonable costs incurred by the State to restore the State's right of way to its
original condition.
ARTICLE 7. Amendments.
Changes in time frame, character, or obligations herein shall be enacted by written
amendment. Both parties must execute all amendments to this Agreement.
ARTICLE 8. Successors and Assigns.
Subject to the provisions of Article 4, the City shall not assign or otherwise transfer its
rights and obligations under this Agreement except with prior written consent of the
State, and any prohibited assignment or transfer shall be null and void.
ARTICLE 9. Remedies.
This Agreement shall not be considered as specifying the exclusive remedy for any
default, but all remedies existing at law and in equity may be availed of by either party
and shall be cumulative.
ARTICLE 10. Insurance.
The City shall provide necessary safeguards to protect the public on State - maintained
highways including adequate insurance for payment of any damages which might result
4
during the Facility activities, and to save the State harmless from damages, to the extent
of said insurance coverage and insofar as it can legally do so.
Where Facility activities are performed through a Contractor, the Contractor shall submit
to the City proof of insurance using the State's "Certificate of Insurance, Form 1560," as
currently revised and attached as Exhibit C. The limits of the insurance policy shall
remain in effect for the duration of the pertinent Facility activities under this Agreement.
The State shall be named as an Additional Insured with a Waiver of Subrogation in favor
of the State. The City shall forward completed original insurance certificates to the State.
ARTICLE 11. Notices.
All notices to either party by the other required under this contract shall be personally
delivered or mailed to such parry at the following respective address:
STATE:
Texas Department of Transportation
Attn: Director of Maintenance
4615 N.W. Loop 410 (location)
P.O Box 29928 (mailing address)
San Antonio, Texas 78229
ARTICLE 12. Gratuities.
CITY:
City of Schertz
Attn: Sam D. Willoughby
Public Works Director
10 Commercial Place #2
Schertz, Texas 78154
Texas Transportation Commission policy mandates that employees of the State shall not
accept any benefits, gifts or favors from any person doing business or who reasonably
speaking may do business with the State under this Agreement. The only exceptions
allowed are ordinary business lunches and items that have received advanced written
approval of the Texas Department of Transportation Executive Director. Any person
doing business with or who may reasonably speaking do business with the State under
this Agreement may not make any offer of benefits, gifts or favors to State employees,
except as mentioned here above. Failure on the part of the City to adhere to this policy
may result in the termination of this Agreement.
IN TESTIMONY WHEREOF, the State and the City have executed duplicate
counterparts to effectuate this Agreement.
THE CITY OF SCHERTZ
U01A
Title: City Manager
Date:
THE STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating and/or
carrying out the orders, established
policies or work programs heretofore
approved and authorized by the Texas
Transportation Commission.
Attest:
City Clerk
Loln
Mario R. Jorge, P.E.
Approved as to form: San Antonio District Engineer
City Attorney Date:
List of Exhibits:
"A" - Plans for the Landscape Project
"B" - Acknowledgment of Conditions for Landscape Maintenance Work
"C" - Certificate of Insurance, Form 1560
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iI earth feet
meters
Landscape Enhancement Plan — Historical Marker Area
Legend: Old Nacogdoches Rd. & FM 482, Oomal Co., Texas
j State Historbcld Marker
2 Hcadsa�'tSiS- )tifarker
(staff lac pedestal)
3 cmzdwd sr
(* =Cb rS G
4 E.
oism IWO= a- i
5 Low flowering trees
(Crape MertaLs or Redlwd
6 Ornamental Grass
(ftnpas, ew -)
7 Asphalt turn off area
r fir" V7 // 4;"n eiy�e r ire-
A
EXHIBIT A
Construction plans for the proposed Headwall "1915" Marker, shown as 2 on the
Legend, EXHIBIT A, Sheet 1 of 2, shall be submitted to TxDOT and approved prior to
construction.
Sheet 2 of 2
EXHIBIT `B"
ACKNOWLEDGEMENT OF CONDITIONS FOR
LANDSCAPE MAINTENANCE WORK
The City of Schertz, hereinafter called the "City ", and , hereinafter called the
"Group" recognize the need and desirability of landscaped highways and are entering into
this Agreement to permit the Group to contribute toward the effort of maintaining
landscaping on State controlled right of way.
The Group, both jointly and severally, acknowledges the hazardous nature of the work,
and agrees to the following terms and conditions:
• Participants in the Group agree to obey and abide by all laws and regulations relating
to safety and such other terms and conditions as may be required by the County for
special conditions on a particular adopted section.
• When participants are 15 years of age or younger, the Group shall furnish adequate
supervision by one or more adults.
• The Group shall conduct at least two (2) safety meetings per year. Participants must
attend a safety meeting conducted by the Group before participating in landscape
maintenance on the right of way.
• The Group shall not subcontract or assign its responsibilities to any other group,
organization or enterprise without the express written authorization of the City.
• Individuals shall wear safety vests while working on the right of way.
• The Group shall neither possess nor consume alcoholic beverages while working on
the right of way.
• The Group shall maintain a first -aid kit and adequate drinking water while working
on the right of way.
CERTIFICATE OF INSURANCE Form '560
(Rev. 07/12)
Previous editions of this form may not be used
reran Page 1 of 2
Department
of TianapaetaHon
Agents should complete the form providing all requested information then either fax or mail this form directly to the address listed on page two of this form. Copies of
endorsements listed below are not required as attachments to this certificate.
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not confer any rights or obligations other than the
rights and obligations conveyed by the policies referenced on this certificate. The terms of the policies referenced in this certificate control over the terms of the certificate.
Insured:
Street/Mailing Address:
City /State /Zip:
Phone Number:
WORKERS' COMPENSATION INSURANCE COVERAGE:
Endorsed with a Waiver of Subrogation in favor of TxDOT.
Carrier Name:
Carrier Phone #: ( ) -
Address:
City, State, Zip:
Type of Insurance
Policy Number
Effective Date
Expiration Date
Limits of Liability:
Workers' Compensation
Not Less Than: Statutory - Texas
COMMERCIAL GENERAL LIABILITY INSURANCE:
Carrier Name:
Carrier Phone #: ( ) -
Address:
City, State, Zip:
Type of Insurance:
Policy Number:
Effective Date:
Expiration Date:
Limits of Liability:
Commercial General
Liability Insurance
Not Less Than:
$ 600,000 each occurrence
BUSINESS AUTOMOBILE POLICY:
Carrier Name:
Carrier Phone #: ( ) -
Address:
City, State, Zip:
Type of Insurance:
Policy Number:
Effective Date:
Expiration Date:
Limits of Liability:
Business Automobile Policy
Not Less Than:
$ 600,000 combined single limit
UMBRELLA POLICY (if applicable):
Carrier Name:
Carrier Phone #: ( ) -
Address:
City, State, Zip:
Type of Insurance:
Policy Number:
Effective Date:
Expiration. Date:
Limits of Liability:
Umbrella Policy
Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions
THIS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies named are in full force
and effect. If this form is sent by facsimile machine (fax), the sender adopts the document received by TxDOT as a duplicate original and adopts the
signature produced by the receiving fax machine as the sender's original signature.
Agency Name
Address
City, State, Zip Code
Authorized Agent's Phone Number Authorized Agent Original Signature Date
The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be
informed about the information that we collect about you. Under § §552.021 and 552.023 of the Texas Government Code, you also are entitled to receive
and review the information. Under §559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect.
Fax completed form to: 512/416 -2536
Exhibit C
Form 1560
(Rev 07/12)
Page 2 of 2
NOTES TO AGENTS:
Agents must provide all requested information then either fax or mail this form directly to the address listed below.
Pre - printed limits are the minimum required; if higher limits are provided by the policy, enter the higher limit amount
and strike - through or cross -out the pre - printed limit.
To avoid work suspension, an updated insurance form must reach the address listed below one business day
prior to the expiration date. Insurance must be in force in order to perform any work.
Binder numbers are not acceptable for policy numbers.
The certificate of insurance, once on file with the department, is adequate for subsequent department contracts
provided adequate coverage is still in effect. Do not refer to specific projects /contracts on this form.
List the contractor's legal company name, including the DBA (doing business as) name as the insured. If a staff
leasing service is providing insurance to the contractor /client company, list the staff leasing service as the insured
and show the contractor /client company in parenthesis.
The TxDOT certificate of insurance form is the only acceptable proof of insurance for department contracts.
List the contractor's legal company name, including the DBA (doing business as) name as the insured or list both the
contractor and staff leasing service as insured when a staff leasing service is providing insurance.
Over - stamping and /or over -typing entries on the certificate of insurance are not acceptable if such entries change the
provisions of the certificate in any manner.
This form may be reproduced.
DO NOT COMPLETE THIS FORM UNLESS THE WORKERS' COMPENSATION POLICY IS ENDORSED WITH A
WAIVER OF SUBROGATION IN FAVOR OF TXDOT.
The SIGNATURE of the agent is required.
CERTIFICATE OF INSURANCE REQUIREMENTS:
WORKERS' COMPENSATION INSURANCE:
The contractor is required to have Workers' Compensation Insurance if the contractor has any employees including
relatives.
The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas
Workers' Compensation Law.
GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for Workers' Compensation.
COMMERCIAL GENERAL LIABILITY INSURANCE:
MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive
General Liability Insurance or Commercial General Liability Insurance.
BUSINESS AUTOMOBILE POLICY:
If coverages are specified separately, they must be at least these amounts:
Bodily Injury $500,000 each occurrence
$100,000 each occurrence
Property Damage $100,000 for aggregate
PRIVATE AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for a Business Automobile Policy.
MAIL ALL CERTIFICATES TO:
Texas Department of Transportation
CST — Contract Processing Unit (RA/200 —1 st FI.)
125 E. 11 th Street
Austin, TX 78701 -2483
512/416 -2540 (Voice), 512/416 -2536 (Fax)