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03-22-2016 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL March 22,2016,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 COMMUNITY.SERVICE.OPPORTUNITY Policy Values Safe Community Essential Services High Quality of Life Attractive Community Economic Prosperity Fiscally Sustainable Call to Order — City Council Regular Session Opening Prayer (Councilmember Thompson) Pledges of Allegiance to the Flags of the United States and State of Texas. Girl Scout Troop 4834 to provide. City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait /B. Cantu) • 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. 03 -22 -2016 Council Agenda Workshop • Discussion and possible action regarding the City Council Rules of Conduct and Procedure and the City Council Code of Ethics. (Item requested by Councilmember Fowler) • Discussion and possible action regarding the Woman Hollering Creek Project. (B. James /K. Woodlee /C. Raleigh) Discussion and Action Items 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of March 8, 2016. (J. Kessel/B. Dennis) 2. Resolution No. 16 -R -26 - CAFR FY 2014 -15 — Presentation and consideration and/or action approving a Resolution authorizing approval of the Comprehensive Annual Financial Report (CAFR) for Fiscal Year 2014 -15. Q. Kessel /J. Santoya /J. Walters/D. Fraser) 3. Resolution No. 16 -R -27 — Consideration and/or action approving a Resolution authorizing the approval of an Agreement with Thos. S. Bryne, LTD for replacement of windows and glazing systems at the Recreation Center. (J. Kessel /P. Gaudreau) 4. Resolution No. 16 -R -28 — Consideration and/or action approving a Resolution authorizing a contract with The Davey Tree Expert Company for tree pruning services. (B. James /C. Van Zandt) 5. Resolution No. 16 -R -29 — Consideration and/or action approving a Resolution authorizing a contract with the Aquatic Renovation and Service Company for replacement of the Pickrell Park Pool Liner. (B. James /C. Van Zandt) 6. Ordinance No. 16 -T -05 — Presentation and consideration and/or action approving an Ordinance authorizing a budget Adjustment to the Schertz Emergency Medical Services Fund to adjust appropriate accounts after receipt of a grant. First Reading (D. Wait /J. Mabbitt /K. Burnam) Roll Call Vote Confirmation uests and Announcements 7. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 03 -22 -2016 City Council Agenda Page - 2 - 8. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future 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 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 18th DAY OF MARCH, 2016 AT 9:00 A.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. grevop Dev"vU,'s Orenda Dennis, 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 2016. 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 03 -22 -2016 City Council Agenda Page - 3 - opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Councilmember Fowler — Place 1 Audit Committee Interview Committee for Boards and Commissions Interview Committee for Boards and Commissions Schertz Housing Board Liaison Investment Advisory Committee Randolph Joint Land Use Study (JLUS) Executive TIRZ II Board Committee Schertz Seguin Local Government Corporation Councilmember Azzoz — Place 2 Councilmember John — Place 3 Animal Control Advisory Committee Lone Star Rail District Sweetheart Advisory Committee Mayor Pro -Tem Edwards — Place 4 Councilmember Thompson Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 03 -22 -2016 City Council Agenda Page - 4 - Workshop Item CITY COUNCIL MEMORANDUM City Council Meeting: March 22, 2016 Department: Mayor /Council Subject: Discussion regarding Council's Rules of Conduct and Procedure and Code of Ethics BACKGROUND: At the City Council meeting of February 23, 2016, Councilmember Fowler requested a workshop item to discuss the Councils' Rules of Conduct and Procedures and Code of Ethics as it relates to the recent action taken regarding the Mayor Pro -Tern position. FISCAL IMPACT: None RECOMMENDATION: None ATTACHMENTS: City Council Rules of Conduct & Procedure Code of Ethics ORDINANCE NO. 16 -M -02 AN ORDINANCE BY THE CITY OF SCHERTZ, TX AMENDING CITY COUNCIL CODE OF ETHICS; PROVIDING A POLICY FOR MEDIA RELATIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz has previously adopted a Code of Ethics; and WHEREAS, the City Council currently does not address the issue of dealing with the media; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend, update, and clarify the Code of Ethics as they relate to dealing with the media. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the City Council Code of Ethics are amended by adding a Section 4 under the Ethical Conduct Rules as follows: 4. City Council Media Communication Guidelines a. Effective media relations best serves the City by providing accountability to the public and transparency of government, ensuring accurate information is conveyed to the public, establishing and maintaining an accurate public perception of the City; informing residents of City programs and services, and promoting the City's achievements, activities and significant events. b. Council Members and the Mayor have been elected to represent our community and are free to speak to the media on any subject. This policy and its included guidelines are intended to ensure that accurate consistent information is provided to the media and that City Council's integrity and professional image is preserved. C. Guidelines: 1. Council Members and the Mayor have the right to express personal opinions on any issue, but must make it clear that they are speaking for themselves, are not speaking in an official capacity for the City, and are not speaking on behalf of City Council, unless the position has been adopted by the City Council; 2. All conversations with a member of the media should be treated as on the record. 3. Where time permits City Council members and the Mayor should communicate with the City's Public Information Officer prior to interviews with the media; otherwise all interviews with a member of the media should be reported to the City's Public Information Officer as soon as reasonably possible after the interview. 4. There are certain highly sensitive issues that may require greater discretion when speaking to media. These issues include: Legal issues, including liability issues and pending litigation; ii. Personnel issues, including those surrounding existing and former employees; iii. Questions that involve police or fire investigations; or iv. A community -wide situation or emergency. It is highly encouraged that City Council members and the Mayor contact the City Manager for any relevant information prior to commenting on such matters. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 26TH day of January, 2016. PASSED, APPROVED and ADOPTED ON SECOND READING, the 2nd day of February, 2016. Mayor, Michael R. Carpenter ATTEST: GAS=t: -t /*N City Secretary, Brenda Dennis (Seal of City) CITY op N �RPO¢ATf \) City Council Code of Ethics 2 -2 -2016 Final Introduction The City Council Code of Ethics (the "Codes ") applies only to the members of the City Council: the Mayor, the Mayor Pro -Tem and the other City Council members. Furthermore, all provisions of the Codes apply equally to the Mayor, Mayor Pro -Tem and City Council members, who must follow the content of the Codes as well as the spirit. It is the policy of the City Council that all of its members shall abide by federal and state law. It is also the policy of the City Council that all of its members shall abide by the provisions set forth in the City Charter and all City ordinances and policies, including the Codes. Purpose By adopting these Codes, Council members commit to: • transparent and accountable governance; • honest, fair and respectful dealings with fellow Council members, City staff, and the wider community; and • working together to deliver the best outcomes for the long -term interests of the City. These standards, together with the ongoing requirement for Council members to abide by Council policies, as they change from time to time, will ensure that public trust and confidence in the City Council is enhanced. Limitations The Codes are intended to support, explain or otherwise clarify the articles set forth in the City Charter or to exercise the specific right given to the City Council in the City Charter in Article III, Section 3.01 and Article IV, Section 4.08, to exercise its governmental powers. Nothing in the Codes is intended to contradict or supersede the City Charter or state law. Procedure 1. Council Member and Board. Committee or Commission Member Interactions a. City boards, committees and commissions are formed in order to provide independent recommendations to Council and, in the case of some commissions, to conduct hearings in order to make determinations, which may or may not be subject to appeal to the Council. 2. Council Members Serving as Council Liaisons a. A Council liaison is a Council member who is specifically assigned to be the liaison between the City Council and a board, committee or commission. The Page 1 CITYo� H �kPORA'S60 2 -2 -2016 Final primary role of the liaison is that of facilitator of communications between the board, committee or commission and the Council. A Council member who is appointed to sit as a member of a board, committee or commission is not a liaison for purposes of this policy. b. A Council liaison shall facilitate communications between the board, committee or commission and the Council. The liaison should not be an advocate for the board, committee or commission, give direction to a board, committee or commission or influence a decision of a board, committee or commission. The liaison may, however, assist and provide guidance to a board, committee or commission with their work plans or agendas. c. A Council Liaison Acts as the: i. Spokesperson on behalf of the Council when so directed by the Council. ii. Contact person, if the board, committee or commission (or an individual board, committee or commission member) wants such a channel of communication. iii. Council representative present to identify procedural and structural issues relating to the effective functioning of the board, committee or commission for Council. d. Council Liaison Participation Expectations: i. Attendance is discretionary with the Council member. Attendance as a liaison at a board, committee or commission meetings is not required. ii. Liaisons shall have no vote on the board, committee or commission. iii. Liaison attendance at board, committee or commission retreats is discouraged unless attendance is requested by the board, committee or commission. iv. Liaisons do not have a right to be in attendance at board, committee or commission executive sessions and shall abstain from attending such executive sessions unless invited to attend by the collective board, committee or commission. Ethical Conduct Rules 1. Ethical Conduct Rules for all City Council Members a. During City Council meetings, City Council members shall assist in preserving order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to obey the orders of the presiding officer or the rules of the City Council. Page 2 CITY o, t^ N O?2'ORAfEV 2 -2 -2016 Final b. During City Council meetings, a City Council member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine discussion to the question under debate, avoid discussion of personalities and indecorous language, and refrain from personal attacks and verbal abuse. c. During City Council meetings, a City Council member desiring to question the administrative staff shall address questions to the City Manager, who shall be entitled either to answer the question(s) or designate a member of City staff. Such designation may occur at any time, including prior to a City Council meeting. City Council members shall not berate nor admonish staff members. d. During City Council meetings, a City Council member, once recognized, shall not be interrupted while speaking unless called to order by the presiding officer, to raise a point of order, procedure or privilege, or unless the speaker chooses to yield to questions from another member. If a City Council member is called to order while speaking, that member shall cease speaking immediately until the question of order is determined. If ruled to be in order, the member shall be permitted to proceed. If ruled to be not in order, the member shall remain silent or make additional remarks so as to comply with rules of the City Council. e. During City Council meetings, City Council members shall confine their questions to the particular matters before the assembly, and in debate, shall confine their remarks to the issues before the City Council. £ During City Council meetings, when there is more than one speaker on the same subject, City Council members will delay their comments until after all speakers on the subject have been heard. g. Council members shall clearly state when he /she has been directed by Council to speak on behalf of the City Council at the meeting of any board, committee or commission. All other commentary offered before a board, committee or commission is deemed to be the personal opinion of the Council member. h. Council members shall not speak on behalf of the Council at any place or time unless they have been so directed by the body of the City Council. Any commentary offered at any time, in public or otherwise, is deemed to be the personal opinion of the City Council member speaking. Page 3 CITY o� �s x m N f'RronnTgO 2 -2 -2016 Final i. Council members shall not speak to any board, committee or commission member on any matter that may come before the Council in a manner designed to influence the member. j. No Council member shall privately lobby any member outside of the meetings in an attempt to influence his or her individual vote. k. Any Council member who has testified on his or her own behalf or as a witness before a board, committee or commission on any administrative action which then comes to Council is disqualified from participating as a Council member on the matter only if there is a legal conflict of interest. 2. Confidentialitv of Information Shared in Executive a. Council members shall keep all matters discussed in executive session confidential. b. Any Council member who shares any part or portion of the discussions, discourse, presentations or information heard or presented during an executive session shall be deemed to have violated the Codes. 3. Individual Members of Council Providing Direction or Instruction to the City Manager or Staff a. Only the City Council, acting as a body, is permitted to provide direction and instruction to the City Manager, City Secretary, City Attorney or the City Judge (or Judges) regarding any matter confronting the City, whether policy - related or otherwise. b. No member of Council (specifically including the Mayor, the Mayor Pro -Tern and the individual Council members) shall, at any time, give individual instruction to, attempt to define policy for, or make any demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff. c. No member of Council shall attempt to influence the City Manager, City Secretary, City Attorney, City Judge (or Judges) or any member of staff to circumvent City rules, policies or ordinances. Page 4 CITY a z m N �okPO¢ATFV 2 -2 -2016 Final d. Any member of Council may, of course, at any time, make requests of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff for information, assistance, or other help as may be necessary, so long as no orders, threats, promises, intimidations, or ultimatums, explicit or implicit, are issued. e. The single exception to this rule is that in times of emergency lawfully declared by the Mayor, the Mayor may act independently as to matters of urgent need until a meeting of the Council, in quorum, can be called. f. Any member of Council giving individual instruction or making a demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff, with the exception of times of emergency lawfully declared by the Mayor, during which time the Mayor may act independently until a meeting of the Council, in quorum, can be called, shall be deemed to have violated the Codes. 4. City Council Media Communication Guidelines a. Effective media relations best serves the City by providing accountability to the public and transparency of government, ensuring accurate information is conveyed to the public, establishing and maintaining an accurate public perception of the City; informing residents of City programs and services, and promoting the City's achievements, activities and significant events. b. Council Members and the Mayor have been elected to represent our community and are free to speak to the media on any subject. This policy and its included guidelines are intended to ensure that accurate consistent information is provided to the media and that City Council's integrity and professional image is preserved. C. Guidelines: 1. Council Members and the Mayor have the right to express personal opinions on any issue, but must make it clear that they are speaking for themselves, are not speaking in an official capacity for the City, and are not speaking on behalf of City Council, unless the position has been adopted by the City Council; 2. All conversations with a member of the media should be treated as on the record. 3. Where time permits City Council members and the Mayor should communicate with the City's Public Information Officer prior to interviews with the media; otherwise all interviews with a member of the media should be reported to the Page 5 CITY,, z [n N �KI'oaA[6�� 2 -2 -2016 Final City's Public Information Officer as soon as reasonably possible after the interview. 4. There are certain highly sensitive issues that may require greater discretion when speaking to media. These issues include: i. Legal issues, including liability issues and pending litigation; ii. Personnel issues, including those surrounding existing and former employees; iii. Questions that involve police or fire investigations; or iv. A community -wide situation or emergency. It is highly encouraged that City Council members and the Mayor contact the City Manager for any relevant information prior to commenting on such matters. Violations 1. Violation of the Code of Ethics a. Council members are expected to abide by the Codes at all times. b. Any Council member not adhering to the Codes shall be in violation of said Codes. 2. Violations of Provisions of the City Charter a. Council members are expected to abide by the articles set forth in the City Charter. b. Any Council member who acts in violation of or in a manner inconsistent with the provisions of the City Charter shall be deemed to have violated the Codes. Page 6 CITY 0 N �R2'ORATf%O 2 -2 -2016 Final 3. Violations of Law or Policy by Council Members Depending on the circumstances of alleged violations of law or policy, the Council may initiate an investigation of the allegations prior to the filing of a request for any of the actions described in this policy. Nothing in this policy shall preclude individual Council members from making public statements regarding such alleged conduct. In deciding whether or not to open an investigation (whether pursuant to these rules or pursuant to Article IV, Section 4.10 of the City Charter), City Council should consider: a. whether a Council investigation may compromise other investigations regarding the same alleged actions, and, if the actions may result in criminal charges, whether the right of the accused Council member to a fair jury trial may be compromised by proceeding with an investigation; b. if persons involved in the allegations may choose to exercise their constitutional right against self - incrimination, which may limit the investigation's ability to present a full picture of alleged events; and c. how to ensure the protection of rights of those accused of violations of law or policy, those making such accusations, and those who have information regarding the accusations. At any point during any of the processes described in this policy, the Council may refer the matter, as appropriate, to the Bexar, Comal or Guadalupe County District Attorney, the Texas Elections Commission, or to another law enforcement agency, for investigation. Following such a referral, the Council may proceed with any actions it chooses to take under the provisions of the City Charter. Reporting Violations Any suspected violation or alleged violation by a Council member must be reported to the Mayor. Any suspected violation or alleged violation by the Mayor shall be reported to the Mayor Pro -Tern and the City Attorney. In the case of a City staff member making the report regarding a Council member, the report shall be made to the City Manager, who will then report it to the Mayor. Upon report, the City Manager and City Attorney will assist the Mayor (or the Mayor Pro -Tem regarding a report concerning the Mayor) in following the procedures addressing violations or alleged violations. Page 7 CITY of z ul N 2 -2 -2016 Final Procedure for Conducting Inquiries The role of leading an inquiry of any Council member for any violation or alleged violation of this policy lies with the Mayor, Mayor Pro -Tem, and, if approved by Council, an independent attorney or investigator. If the Mayor is the subject of an inquiry, the Mayor Pro -Tem, or the next ranking official by seniority and, if approved by Council, an independent attorney or investigator will lead the inquiry. The City Attorney shall not conduct the investigation of any Council member. All Council members who are not the subject of an inquiry have a right to participate in the inquiry process regarding violations or alleged violations and their subsequent enforcement. Any member of the Council who is the subject of an inquiry shall have the ability to provide a written statement responding to the findings of the inquiry. Enforcement of Violations The members of City Council have the obligation to govern themselves responsibly in the enforcement of any violation of this policy. The objective for establishing rules of enforcement pertaining to this policy is to provide fair, consistent, concise, and efficient guidelines for the use of enforcement against violations of this policy. As a general matter, enforcement of this policy may be progressive, but circumstances may indicate that strong actions be taken immediately. Furthermore, Council is not bound to the enforcement guidelines of this policy, and should make decisions on a case -by -case basis. City Council, as a collective body, may change the order of the disciplinary steps listed below, or may choose not to use any step, depending on the circumstances under review. City Council members may take any appropriate disciplinary action including, but not limited to: • Cautioning o Cautioning is identified as a verbal reprimand due to a violation of the policy. The cautioning is only a verbal reprimand and shall not be recorded. o A cautioning shall only be administered in private by the Mayor with only one (1) member of Council present. If the Mayor is receiving the cautioning, it shall be administered in private by the Mayor Pro -Tem with only one (1) member of Council present. • Correction Page 8 CITY,, z tP N • •'���i.ortnrf1P e� 2 -2 -2016 Final • Correction is identified as a verbal reprimand due to multiple policy violations. The correction of any Council member, including the Mayor, will not be administered in writing and shall be conducted in accordance with the Open Meetings Act. • A quorum of Council plus one (1), including the corrected Council member, shall be present during the correction of another Council member. • The City Attorney shall be notified of the correction before the correction is administered and the City Attorney shall be present during the administration of the correction. • Censure • The act of placing a Council member under censure is an official and public reprimand of a City Council member by the body of the City Council for multiple and /or serious infractions against the City Council Code of Ethics. Therefore, City Council Members who are placed under censure are considered to be `not in good standing' with the body of the Council. • The censure of any Council member, including the Mayor, shall be administered in writing. • Censure may last up to sixty (60) days or as appropriately defined by City Council on a case by case basis. • At the end of the censure period, the censure has expired and shall not be extended. • A Council member placed under censure may return to a good standing status once their censure period has ended. • The body of the City Council may determine to end the censure period of a Council member prior to the conclusion of said period at their discretion. • All censure hearings shall be conducted in accordance with the Open Meetings Act. • Because censures are administered in writing, a censure must be publicly voted on in open session of City Council. The censure of any Council member must be passed by a 2/3 supermajority vote. Page 9 CITY, N ��rroa.�TF•v 2 -2 -2016 Final The following Members of Council have received and agreed to place their signatures on this adopted document this 2nd Day of February 2016. Michael R. Carpenter, Mayor #in Fowler, City Council Place 1 ..-z A""-- Daryl John, CUFouncil ac 3 Page 10 City Council Place 4 Grumpy Azzoz, City Council Place 2 Robin Thompson, City Council Place 5 CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these "Rules ") are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well -being of the community. There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act. As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: • Address the merits of the issues — no personal attacks • Focus on representing the interests of all citizens. • Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. • Assume positive intentions — don't look for hidden agendas. • Observe the City's written Rules of Conduct and Procedure. • When others are speaking, listen with an open mind. • Recognize that inappropriate public disclosure of confidential information can be detrimental to the City and its citizens. • Understand that "majority rules ". Once a vote is taken, if you were in the minority agree to disagree and move on. Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. • Coordinate all requests of the City staff through the City Manager. 1 -12 -2015 Revised TABLE OF CONTENTS 3.1 Page 3.2 ARTICLE 1. 3.3 Recessed Meetings .............................................................................. ............................... 2 AUTHORITY Adjourned Meetings ............................................................................ ............................... 2 1.1 City Charter ......................................................................................... ............................... 1 1.2 Effective Date; Amendment ............................................................... ............................... 1 ARTICLE 2. 4.1 Mayor ................................................................................................... ..............................3 GENERAL RULES Call to Order ....................................................................................... ............................... 3 2.1 Meetings to be Public .......................................................................... ............................... 1 2.2 Quorum ............................................................................................... ............................... 1 2.3 Minutes of Meetings ........................................................................... ............................... 1 2.4 Questions to Contain One Subject ...................................................... ............................... 1 2.5 Right to the Floor ................................................................................ ............................... 1 2.6 City Manager ...................................................................................... ............................... 1 2.7 City Attorney ...................................................................................... ............................... 2 2.8 City Secretary ...................................................................................... ............................... 2 2.9 Officers and Employees ...................................................................... ............................... 2 2.10 Rules of Order ..................................................................................... ............................... 2 2.11 Suspension of Rules ............................................................................ ............................... 2 2.12 Amendment to Rules ........................................................................... ............................... 2 2.13 Matters Not Addressed by Rules ........................................................ ............................... 2 ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ................................................................................. ............................... 2 3.3 Recessed Meetings .............................................................................. ............................... 2 3.4 Adjourned Meetings ............................................................................ ............................... 2 3.5 Executive Sessions .............................................................................. ............................... 2 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem ................................ ............................... 3 5.2 Appointment Procedure for a Councilmember ................................... ............................... 4 01 -12 -2015 Revised i TABLE OF CONTENTS (continued) 9.1 Page 9.2 ARTICLE 6. 8 9.3 ORDER OF BUSINESS 8 6.1 Agenda ................................................................................................ ............................... 5 6.2 Communication to Mayor and Council ............................................... ............................... 5 6.3 Approval of Minutes ........................................................................... ............................... 6 6.4 Presentations by Members of Council ................................................ ............................... 6 6.5 Consent Agenda .................................................................................. ............................... 6 To Postpone or Extend ...................................................................... ............................... ARTICLE 7. 9.10 To Refer ............................................................................................ ............................... CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 9.11 7.1 Printed, Typewritten, or Electronic Form ........................................... ............................... 6 7.2 City Manager Review ......................................................................... ............................... 6 7.3 City Attorney to Approve ................................................................... ............................... 6 7.4 Funding ............................................................................................... ............................... 6 7.5 Reading of Caption Only .................................................................... ............................... 6 7.6 Ordinances -Two Readings; Emergencies ........................................ ............................... 6 7.7 Recording of Votes ............................................................................. ............................... 7 7.8 Vote Required ..................................................................................... ............................... 7 7.9 Tie Vote .............................................................................................. ............................... 7 7.10 Numbering Ordinances and Resolutions ............................................ ............................... 7 7.11 Ordinance Passage Procedure ............................................................. ............................... 7 ARTICLE 8 RULES OF DECORUM 8.1 Recognition by presiding officer ........................................................ ............................... 7 8.2 Order ................................................................................................... ............................... 7 8.3 Presiding Officer ................................................................................. ............................... 7 8.4 Improper References to be Avoided ................................................... ............................... 8 8.5 Interruptions ........................................................................................ ............................... 8 ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions ............................................................................................... ............................... 8 9.2 Debate ................................................................................................. ............................... 8 9.3 Motion Procedures .............................................................................. ............................... 8 9.4 Point of Privilege ................................................................................ ............................... 9 9.5 Point of Procedure or Order ................................................................ ............................... 9 9.6 To Appeal a Ruling ............................................................................. ............................... 9 9.7 To Recess ................................................................................... ............................... 9&10 9.8 To Withdraw ..................................................................................... ............................... 10 9.9 To Postpone or Extend ...................................................................... ............................... 10 9.10 To Refer ............................................................................................ ............................... 10 9.11 To Amend ......................................................................................... ............................... 10 9.12 To Limit or Close Debate or "Call the Question" ............................. ............................... 10 9.13 To Count the Vote ............................................................................. ............................... 11 9.14 To Take Action or Reconsider an Action; Main Motions ................ ............................... 11 01 -12 -2015 Revised ii TABLE OF CONTENTS (continued) Page 9.15 To take action or Rescind motion ..................................................... ............................... 11 9.16 To Take Action; Main Motions ........................................................ ............................... 11 9.17 Effect of Abstentions ........................................... .............................11 & 12 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning ............................................................................................... .............................12 10.2 Removal .............................................................................................. .............................12 10.3 Resisting Removal ............................................................................ ............................... 12 10.4 Motions to Enforce ........................................................................... ............................... 12 10.5 Adjournment ..................................................................................... ............................... 12 ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ........................................................................ ............................... 12 11.2 Special Committees ................................................................. ............................... 12 & 13 ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council ..................................................................... ............................... 13 12.2 Manner of Addressing the Council — Time Limit ............................. ............................... 13 12.3 Personal and Slanderous Remarks .................................................... ............................... 13 12.4 Public Hearings ................................................................................. ............................... 13 12.5 Written Communications .................................................................. ............................... 13 12.6 Hearing of Residents ......................................................................... ............................... 14 ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information ............................................... ............................... 14 13.2 City Manager's Responses to Requests ............................................ ............................... 14 13.3 Directions to City Manager ............................................................... ............................... 15 13.4 City Manager's Duty to Inform ........................................................ ............................... 15 13.5 Customer Concerns ........................................................................... ............................... 15 13.6 City Manager /Council Relations ....................................................... ............................... 15 01 -12 -2015 Revised iii ARTICLE 1. AUTHORITY 1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules are adopted. In the event of a conflict between these Rules and the Charter, the Charter shall govern over these Rules. In the event of a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public. All meetings of the Council and all meetings of committees composed of a quorum of the Council shall be open to the public as provided by State law, except when State law allows closed or executive sessions for certain limited topics. 2.2 Quorum. Three members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tern or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. 2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Secretary and shall constitute the official record of the Council. Such minutes, after being approved by the Council (except any closed or executive session portion), shall be open to public inspection. The City Secretary shall provide an index showing the action of the Council in regard to all matters before to it at both regular and special meetings. A recording or "certified agenda" of each closed or executive session shall be made and maintained as required by State law. 2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff desiring to speak shall be recognized by the Mayor (or the presiding officer in the Mayor's absence) at an appropriate time, and shall confine his /her remarks to the subject under consideration or to be considered. 2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. The City Manager shall be notified of all special meetings of the Council. 01 -12 -2016 Revised I 2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, and shall, upon request of the Council or the City Manager, give an opinion, either written or oral, on questions of law. 2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings of the Council, unless excused, and shall keep the official minutes. 2.9 Officers and Employees. Any officer or employee of the City, when requested by the City Manager, shall attend meetings of the Council. If requested to do so by the City Manager, they shall present information relating to matters before the Council. 2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council. 2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State law may be temporarily suspended by a majority vote of the Councilmembers who are present. The vote of each person on any such suspension shall be entered in the minutes. 2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings not addressed by these Rules, the Charter, or State law shall be determined by the Mayor (or the presiding officer in the Mayor's absence). ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part II, Section 2 -2. The Council may also hold regularly scheduled meetings which may be designated by the Council as "workshop" sessions. 3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or any three (3) members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, except that announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, hour, and place of the special meeting and shall identify the subject or subjects to be considered. 3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember's departure from the Council chamber. See Sections 9.3 and 9.4. 3.5 Executive Sessions. Executive or closed sessions may only be held in accordance with State law. 01 -12 -2016 Revised 2 3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency meeting may be called as a special meeting as set forth in Section 3.2, however, an emergency meeting may not be held unless authorized by, and notice is given in accordance, with State law. ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Maw. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the Mayor and the Mayor Pro -Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro -Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members' motives, and confine Councilmembers in debate to the question under discussion. 4.4 Rulings by Presiding_ Officer. The presiding officer shall rule on points of privilege, points of procedure or order, and withdrawals of motions, subject to the right of any member to appeal to the Council as set forth in Article 9 of these Rules. See Sections 9.3, 9.4, 9.5, 9.6, and 9.8. 4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken on all votes. 4.6 Substitution of Mayor. In the event the Mayor must relinquish the chair, the Mayor shall call upon the Mayor Pro -Tem to preside if the Mayor Pro -Tem is present. If the Mayor Pro -Tem is not present, the Mayor may call upon the most senior Councilmember (by time of service on the Council) present to preside, but such substitution shall not continue beyond adjournment of that meeting. ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Council will discuss, and with a majority vote, appoint the Councilmember to serve as the Mayor Pro Tem for the City following a properly made motion to appoint a member who is both: 1. Eligible to serve as Mayor Pro Tempore; and 2. At the time of the motion a Councilmember in good standing. 01 -12 -2016 Revised (b) The appointed Mayor Pro Tern must be a Councilmember and must meet the qualifications of Section 4.02 of the City Charter. In addition, to be appointed to the position of Mayor Pro Tem, a Councilmember must be an elected member of Council. (c) Term dates for the Mayor Pro Tem position will begin in February and end in February of each year. (d) The position will have a term of office of one year. (e) The appointed Mayor Pro Tern may be removed by Council by a two- thirds (2/3) majority vote of the members of Council at any time during his or her term. (f) Council reserves the right to alter this procedure at any time by resolution or rule. 5.2 Appointment Procedure for a Councilmember. (a) The Council may appoint a Councilmember to a vacant seat as authorized by Section 4.06 of the City Charter. (b) The Council will announce and advertise on the City's website and in the City's newspaper of record that applications are being accepted for a vacant position on Council. (c) A due date for applications to be submitted will be set. (d) Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of the City Charter. (e) Applications will be received by the City Secretary's office and distributed to all Councilmembers. (f) An interview date will be set and posted for a public meeting. (g) Interviews of prospective candidates will be held in a public forum by a quorum of Councilmembers. (h) Councilmembers will discuss, and appoint by majority vote, the new member of Council at either the same meeting as the interviews or at a subsequent Council meeting. (i) The Council is the final judge of whether a candidate is qualified to serve as a Councilmember as set forth in Section 4.03 of the City Charter. 0) Council reserves the right to alter this procedure at any time by resolution or rule. 01 -12 -2016 Revised 4 ARTICLE 6. ORDER OF BUSINESS 6.1 Agenda. The City Manager and the City Secretary shall prepare an agenda for each meeting of the Council. Items may be placed on the agenda by the City Manager (or in his absence any Assistant City Manager), the Mayor, or any Councilmember, except that a Councilmember directing that an item or items be placed on an agenda must do so in open session, during a properly posted meeting of the Council. Items placed on the agenda by the City Manager (or in his absence any Assistant City Manager) may be removed only by the City Manager (or any Assistant City Manager) and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on an agenda by the Mayor may be removed only by the Mayor, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on the agenda by a Councilmember may be removed only by that specific Councilmember, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. (a) Information Required. Any item to be on the agenda must be provided to the City Manager pursuant to a procedure established and modified by the City Manager from time to time. Each item on the agenda must contain sufficient information so that full disclosure of the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish the Mayor and each Councilmember a copy of the agenda, including the proposed ordinances, resolutions, petitions, notices, or other materials as required. Copies of attachments and background material will generally be provided for the initial presentation only and should be retained by the Mayor and the Councilmembers until such time as the item is finalized. (d) Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. (e) Order; Exception. The ordinances, resolutions, and other proposed actions shall be taken up and disposed of by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. 6.2 Communication to Mayor and Council. The City Manager shall provide the Council with a copy of each ordinance or resolution and appropriate analysis of items proposed to be acted upon by the Council at a meeting. These communications shall be delivered to the 01 -12 -2016 Revised 5 Mayor and Councilmembers along with the agenda. This information should also be retained by the Mayor and Councilmembers until such time as the item is finalized. Staff members, in making presentations to Council at a meeting of the Council, should endeavor to restrict their presentations to five (5) minutes, excluding responses to questions by the Mayor and/or Councilmembers. 6.3 Approval of Minutes. Minutes may be approved without public reading if the City Secretary has previously furnished the Mayor and each Councilmember with a copy thereof. 6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor and each Councilmember may bring before the Council any business that person believes should be brought up during the "Requests by Mayor and Councilmembers" and "Announcements by Mayor and Councilmembers" portions of the agenda. These matters need not be specifically listed on the agenda unless the person desiring to make a comment knows prior to posting of the agenda that he /she will make such comment. In response to an unposted comment, there (1) may only be a statement of factual information in response, (2) a recitation of existing City policy, or (3) discussion regarding a proposal to place the subject on the agenda for a subsequent meeting. 6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant City Manager) with respect to items believed to be non - controversial, the City Secretary shall place multiple items on a "Consent Agenda" portion of the agenda, subject to the right of the Mayor or any Councilmember to request at the meeting that any one or more of such items be removed from the Consent Agenda for individual consideration. First readings of ordinances shall in all events be posted for individual consideration and shall not be included on the Consent Agenda. ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be presented to the Council only in printed, typewritten, or electronic form. 7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City Manager or his designee. 7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form and legal content by the City Attorney, when requested by the Mayor or the City Manager. 7.4 Funding. All actions authorizing an expenditure of money shall include the exact source of the funds to be expended. 7.5 Reading of Caption Only. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6 Ordinances —Two Readings; Emergencies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that 01 -12 -2016 Revised 6 immediate action may be taken upon an emergency as determined by the Council in accordance the Charter or State law. 7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all ordinances and resolutions and shall be entered in the minutes of the Council. 7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise required by these Rules, the Charter, or State law, shall require the affirmative vote of three (3) Councilmembers who are present and eligible to vote. 7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as presiding officer shall not be restricted to voting only in the event of a tie. 7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance on second reading or on a single reading as an emergency, the City Secretary shall assign a number to each ordinance or resolution within the records of the City. 7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and it shall be filed and thereafter preserved in the office of the City Secretary. ARTICLE 8. RULES OF DECORUM 8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the Council without first being recognized by the presiding officer. 8.2 Order. While the Council is in session, the Councilmembers must preserve the order and decorum of the meeting, and a Councilmember shall neither, by statement or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any other Councilmember while speaking or refuse to obey the orders of the presiding officer. Councilmembers are expected to remain on the dais during a Council meeting unless they have good cause to vacate. 8.3 Presiding Officer. The Mayor or the Mayor Pro -Tem or such other member of the Council who is serving as the presiding officer may participate in debate, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of such Councilmember acting as the presiding officer. If the presiding officer is engaged in debate and is, at the insistence of three (3) Council members, abusing the position of the presiding officer, the presiding officer must relinquish the chair to the Mayor Pro -Tem, or in his /her absence, to the next most senior Councilmember (by time of service on the Council) present. The Mayor Pro -Tem or such other member, other than the Mayor, who is serving as presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of the member acting as the presiding officer. 01 -12 -2016 Revised 7 8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to Section 2.5 or 8.5, he /she shall avoid all references to personalities and indecorous language. 8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor or another Councilmember when speaking unless it is to raise a point of privilege (Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to withdraw a previously- stated motion (Section 9.8), or as otherwise provided in these Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the Councilmember so interrupted should cease speaking until the question is determined. ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions. A Councilmember, after he /she obtains the floor, or the Mayor may make a motion on the particular subject of discussion or a procedural point as permitted. A "Second" to the motion, if required, must be made by a Councilmember who did not make the motion within a reasonable but brief time period. The Mayor may not "Second" a motion. A motion or a "Second" merely implies that the maker of the motion and the person who "Seconds" agree that the motion should come before the meeting and not that he /she necessarily favors the motion. Without a "Second ", if required, the motion dies. 9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions(1 type) *. When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Motion May Interrupt Speaker Second Required Debatable Amendable Resolved by Chair No Vote Affirmative Vote by 3 Council- members 2/3 Vote A. Meeting Conduct Motions 1. point of privilege yes no no no yes no no 2. point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no B. Disposition Motions 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 01 -12 -2016 Revised 8 8. to amend no yes yes yes no yes no 9. to limit or close debate or "call the question" no yes yes yes no no yes 10. to extend debate no yes yes yes no yes no 11. to count the vote no yes no no no ** no no C. Main Motions 12. to reconsider yes yes if original motion was debatable no no yes no 13. to rescind no yes yes yes no no yes 14. to take action no yes yes yes no Yes * ** no 9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Councilmember to the presiding officer, drawing urgent attention to a need for personal accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Councilmember(s). In essence, it is a call to the presiding officer for the purpose of assuring a Councilmember's convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. 9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer's ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of three (3) Councilmembers is required. 9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. Mandatory if seconded; no vote required 01 -12 -2016 Revised 9 Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of three (3) Councilmembers is required. 9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his/her proposal. This is the maker's privilege; thus, it does not require a second. Because the withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Councilmember later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand —or a new issue. 9.9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Council to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of three (3) Councilmembers is required. 9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section 9.14). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of three (3) Councilmembers is required. 9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a second, and it is debatable and amendable. An affirmative vote of three (3) Councilmembers is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 9.12 To Limit or Close Debate or "Call the Question ". Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer's determination. A motion to close debate is the same as a motion to "call the question ". Because this motion affects the most fundamental right of any Councilmember, the right to speak one's views, it is the only procedural motion that requires an affirmative vote of two- thirds of participants voting. 01 -12 -2016 Revised 10 9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It represents the right of a Councilmember to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result —and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 9.14 Motion to Reconsider. Allows a main motion to be brought back before the City Council for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. 9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered and it requires a two - thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 9.16 To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed o£ It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of three (3) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. 9.17 Effect of Abstentions; action on required Abstentions; Effect of non - required Abstentions. The following rules shall apply when a Council Member abstains from voting on an item: When the Council Member is Legally Obligated to Abstain. 01 -12 -2016 Revised I I When a Council Member is legally obligated to abstain from voting pursuant to Texas Local Government Code Chapter 171, a local ordinance or the City Charter then the Council Member shall leave the dais and exit City Council Chambers until such time as the debate and vote on the item has been concluded. The City Secretary shall record that the Council Member left the room and abstained from the vote in the official minutes and there shall be no other effect. When the Council Member as no Legal Obligation to Abstain from Voting_ When a Council Member has no legal obligation to abstain from voting then an abstention shall be recorded in the minutes as an abstention and shall procedurally be treated as a "no" vote. ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning. All persons other than a recognized speaker shall, at the request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer may order the person to leave the meeting. The Chief of Police, or such member or members of the Police Department or other persons as the presiding officer may designate, shall be sergeant -at- arms of the Council meetings. If the person so requested does not leave the meeting, the presiding officer may order the sergeant -at -arms to remove such person. 10.2 Removal. Any designated sergeant -at -arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant -at -arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council (or successor provision of law). 10.3 Resisting Removal. Any person who resists removal by the sergeant -at -arms shall be charged with violating Section 42.05 (a) of the Texas Penal Code. 10.4 Motions to Enforce. Any Council member may move to require the presiding officer to enforce these Rules and the affirmative vote of a majority of the Councilmembers present and eligible to vote shall require the presiding officer to do so. 10.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of the individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular or a special meeting or, subject to State law, may be recessed to a set time and date. ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees. The Council may create committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the Charter, the Code of Ordinances, or State 01 -12 -2016 Revised 12 law. Membership and selection of members shall be as determined by the Council if not specified by the Charter, the Code of Ordinances, or State law. No person may concurrently serve on more than one Board unless, by virtue of his /her position on the Council, he /she also holds a position on another Board. Persons related within the second degree by affinity or consanguinity to the Mayor or any member of the Council shall not be eligible to serve on a standing committee. No standing committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter, the Code of Ordinances, or State law. 11.2 Special Committees. The Council may, as the need arises, authorize the appointment of "ad hoc" Council committees. Except where otherwise specifically provided by the Charter, the Mayor and the City Council shall appoint the members of the special committees. Any committee so created shall be given a "mission statement" directing its activities. Any special committee shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Councilmembers present and entitled to vote. ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council shall speak at the podium into the microphone (or at another designated location), shall give his/her name and address in an audible tone of voice for the record, and, unless further time is granted by the Council, shall, subject to Section 12.4 below, limit his /her remarks to three (3) minutes or less. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 10 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 12.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 12.2 above) interested persons may speak, subject to the Councilmembers' right to appeal the presiding officer's ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public 01 -12 -2016 Revised 13 hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. 12.6 Hearing of Residents. There shall be included on the agenda of each City Council meeting an item labeled "Hearing of Residents ". After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Council on items on or not on the agenda at that time, providing they have completed the "Hearing of Residents" form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Council prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for "Hearing of Residents" must speak during the "Hearing of Residents" portion of the meeting. Councilmembers and members of City staff may not discuss unposted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section 12.2, unless otherwise authorized by the presiding officer. ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information. The City Manager is directly responsible for providing information to all the Councilmembers concerning any inquiries by a specific Councilmember. If the City Manager or his staff's time is being dominated or misdirected by a Councilmember, it is his responsibility to inform the Mayor or the Council as a whole. 13.2 City Manager's Responses to Requests. The City Manager is expected to respond in a timely manner to the Council and Councilmember's requests. When information is requested, the City Manager will estimate a reasonable time frame for collecting the requested information. (a) If the City Manager disagrees with the request, he should say so and explain his position. (b) If the City Manager disagrees with individual directives, he should initiate clarification of the Council's will with regard to the individual Councilmember's request. 01 -12 -2016 Revised 14 (c) The City Manager may delegate responsibility for the response as necessary and appropriate, but the City Manager will be responsible for its receipt by the Council in a timely manner. (d) The City Manager should maintain a checklist and timetable for requests and other directives of the Council. (e) All Councilmembers will be provided the same written information when any matter under consideration may be of general concern to the Council. There will be no preferential dissemination of information by the City Manager or his staff. 13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a consensus of the Councilmembers present will be required to direct the City Manager to take any action. 13.4 City Manager's Duty to Inform. The City Manager is responsible for keeping the Council informed. The Council should be provided weekly reports outlining progress on outstanding issues as well as information on new issues and opportunities. Additionally, the Council should be informed of City news prior to release of such information to the community, newspaper(s), or other governmental entities, etc. 13.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures for handling customer concerns in all departments with prompt feedback to citizens and Councilmembers. 13.6 City Manager /Council Relations. The City Manager should strive to maintain positive relations with the Council by following these guidelines: (a) Work to establish mutual trust with the Council. (b) Maintain open lines of communication with the Council and keep Council informed. (c) Inform all Councilmembers of educational opportunities, recognizing that an educated Council is in the City's best interest. (d) Include the Council in City- sponsored employee social events. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. Amended: February 2015 — January 12, 2016 with addendum "Standard Rule 16- SR -01" attached. 01 -12 -2016 Revised 15 Workshop CITY COUNCIL MEMORANDUM City Council Meeting: March 22, 2016 Department: Engineering/Public Works Subject: Workshop — Update on Woman Hollering Creek Wastewater Line Project BACKGROUND On September 29, 2015, City Council approved an Engineering and Design Contract with Cobb Fendley and Associates to design the construction of a sanitary sewer system to collect and convey wastewater to the fixture Cibolo Creek Municipal Authority (CCMA) water reclamation plant to be constructed off of Trainer Hale Road in southern Schertz. The system will consist of: 1. A gravity wastewater line initiating at the existing lift station for the Sedona Subdivision west of FM 1518 near the Woman Hollering Creek that follows the creek for approximately 11,500 feet where the Woman Hollering Creek intersects with the IH 10 right -of -way. 2. A new lift station at the terminus of the gravity line and approximately 6,000 feet of force main from the lift station to the CCMA plant. This system will provide the initial wastewater flow to the new CCMA plant and is necessary for the plant to begin operation. This will also allow the existing Woman Hollering Lift Station at Sedona and the small sewer package treatment plant at The Crossvine development to be taken out of service. Cobb Fendley's Right -of -Way Acquisition Department has been working to acquire Rights -of -Entry from affected Property Owners to allow the surveyors access to confirm the proposed line route. To date we have acquired 20 out of 26 Rights -of -Entry needed to complete the survey. The remaining six have not been acquired yet for a variety of reasons. The properties we are able to enter are currently being surveyed by Cobb Fendley. The next steps include: • Finish acquiring the Rights -of -Entry • Complete Engineering & Design • Acquire Easements • Release Project for Public Bidding • Construction Projected Completion Goal is late winter 2017. FISCAL IMPACT The Engineer's estimate for the project is approximately $5.9 Million and will be funded with a combination of Capital Recovery and Certificates of Obligation Funds /Water Revenue. Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: March 22, 2016 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a Regular Meeting on March 8, 2016. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of March 8, 2016. ATTACHMENTS Minutes — Regular meeting of March 8, 2016 MINUTES REGULAR MEETING March 8, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 8, 2016, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Jim Fowler Councilmember Daryl John Staff Present: Executive Director Brian James Executive Director Bob Cantu City Secretary Brenda Dennis Call to Order — City Council Regular Session Mayor Carpenter called the meeting to order at 6:0 Mayor Pro -Tem Cedric Edwards Councilmember Grumpy Azzoz Councilmember Robin Thompson City Manager John Kessel Executive Director Dudley Wait City Attorney Charlie Zech 0 P.M. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Pro-Tern Edwards) Mayor Pro -Tem Edwards provided the opening prayer followed by the pledges of allegiance to the flags of the United States and the State of Texas. Mayor Carpenter announced if there are students in the audience this evening participating in the Hal Baldwin Scholarship to please be sure to sign in (The sign in sheet is at the back of the room). City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait /B. Cantu) The following announcements were made: • Saturday, March 5 through 20 — Annual Spring Cleanup • Wednesday March 9, Pre - Budget Community Meeting, Sippel Elementary School, 420 Fairlawn, 6:30 p.m. • Thursday, March 10, Pre - Budget Community Meeting, Corbett Junior High School, 12000 Ray Corbett Drive, 6:30 p.m. • Thursday, March 10, North East Partnership meeting, Olympia Hills Golf and Conference Center in Universal City, 11:30 a.m. • Sunday, March 13 — Daylight Savings Time Begins • Monday, March 14 -18 — SCUCISD Spring Break • Tuesday, March 15, Monthly Chamber Luncheon, Schertz Civic Center, 11:30 -1:00 p.m. RSVP by March 8 to 210 - 619 -1950. • Wednesday, March 16, Race to the Taste 7th Annual Event, Retama Park 5:00 p.m. 03 -08 -2016 Minutes Page - 1 - • Friday, March 18 — Employee Remembrance Day, Public Works Department, 10 Commercial Place 12:00 p.m. (noon). Upcoming Events • Wednesday, March 2 location TBD. • Thursday, March 24 location TBD. • Saturday, March 26 • Saturday, March 26 3 — Staff Pre - Budget Retreat, 8:00 a.m. to 5:00 p.m. The — City Council Pre - Budget Retreat, 8:00 a.m. to 5:00 p.m. The - Easter in the Park, Pickrell Park. - BVYA Opening Day Celebratio Lastly, Mr. James wished Mayor Carpenter a belated Happy March 4th as he turned a year wiser. • Announcements and recognitions by City Manager (J. Kesse e celebrated Mayor Carpenter recognized City Manager John Kessel who recognized a team approach effort. He mentioned the recent Wilenchik Walk event which turned out with great success this year and kudos to the whole team that put this together. Mr. Kessel stated that they identified a particular issue which was a public safety issue and not sure which department discovered it but they had discovered a tree with a very aggressive bee hive and swarm that was located on the route of the residential area between Jonas Woods and Ashley Place. He stated that they reported this over to Animal Services who did a great job of enlisting the help of the Public Works Department, particularly the street crew, to barricade and block off that area during the event. No incidents occurred. The bees have been removed with the assistance of the Bee Keeper. Everyone jumped on board with that particular incident and everything turned out great. Employee Recognition • IT Department — Myles C auser, recipient of the Certified Public Manager Certification. (B. James) Mayor Carpenter recognized Executive Director Brian James who recognized IT Director Myles Clauser who recently received his Certified Public Manager Certification. Mr. James provided information on the duties of IT as well as explained the much recognized Certified Public Manager Certification Program. Mayor and Council congratulated Myles for his accomplishment. Mr. Clauser provided his brief comments on the benefits of going through the program and how it will help the city accomplish their goals. PrPePntatinn • Guadalupe Regional Medical Center Prescription Assistance Program report. (D. Wait /Jerry Riggs) Mayor Carpenter recognized Dr. Jerry Riggs who presented his semi - annual report to council with the following data answering questions. 03 -08 -2016 Minutes Page - 2 - • Total number of patients served by the program • Total number of Schertz residents served by program • Total number of prescriptions provided by the program • Retail dollar value of prescriptions provided by the PAP • Retail dollar value of prescriptions provided to Schertz residents • Number of prescriptions per Schertz patient per month • Average annual retail prescription benefit per Schertz patient • Schertz contribution to program • Contributions to program t • Payments by patients ($15. • Grants received for the pro • Other sources of funds (ide - Rebate from True Trac - Seguin Noon Lions Ch - Private TOTAL REVENUE TOTAL EXPENSES TOTAL NET Mayor Carpenter recognized and thanked through the program. Workshop 1176 31 18353 $ 4,311,420.93 $ 177,344.02 3.7 $ 11,441.54 $ 5,000.00 $ 4,019.78 $ 140,037.01 $ 5,000.00 $ 748.08 $ 300.00 $ 2,405.95 $ 157,510.82 $ (326,376.24) $ (168,865.42) being provided • Discussion and possible action regarding approval of the City of Schertz 2016 Strategic Plan. (J. Kessel/S. Gonzalez) Mayor Carpenter recognized Assistant to City Manager Sarah Gonzalez who recognized and thanked Marketing & Communications Specialist, Melissa Geedman for her efforts in the design of the plan. Ms. Gonzalez stated our choices matter today and tomorrow. The City of Schertz is facing continuous growth, new challenges, and increasing expectations of service and performance. What we do today will shape how we will be and how we will function, as a fully developed community, in the next twenty to thirty years. What we do today matters more than ever to our long -term success. Ms. Gonzalez and City Manager John Kessel provided a PowerPoint presentation regarding the City of Schertz 2016 Strategic Plan and covered the following highlights: • Why have a strategic plan? — Simply put, it is our roadmap and compass. We developed this Strategic Plan to provide overall direction in achieving our desired future state by outlining our aspirations, actions, and motives. This Plan will be used to not only chart our course but to also measure our success. • How can we be strategic? 03 -08 -2016 Minutes Page - 3 - - We develop master plans to make more informed decisions. Key plans include land use, parks, thoroughfares, water /sewer, facilities, staffing plans, and financial forecasts. - These plans and financial forecasts allow us to make more carefully considered, structurally balanced, and strategic decisions. - Aligning these plans and the people who implement the plans (Boards /Commissions /Staff) is the key to executing strategic decisions at every level of the organization First seek clarity and alignment. The 2016 Strategic Plan focuses on defining and understanding our Policy and Operational Values, as well as our strategic situation. Before we decide what our goals should be, we must first seek alignment. Otherwise, it is only by chance that we will prioritize our most important goals. By gaining alignment first, we have a much more impactful understanding of what matters most and the direction we need to go. V.Omoe Vision Mission Values Importance: The Vision, Mission and Values are important because: • They frame the City's identity and brand • They set defined direction for achieving the City's goals and objectives • They provide clarity when making strategic organizational decisions • They foster alignment at all levels of the organization Vision Mission Values: • Vision: Community. Service. Opportunity. • Mission: Leading, improving, and serving a livable, sustainable and financially sound community • Policy Values: Safe Community, Essential Services, High Quality of Life, Attractive Community, Economic Prosperity, Fiscally Sustainable • Operational Values: Systems Management, Engaged Workforce, Innovative, Proactive, Service Oriented • Core Values: Do the right thing, Do the best you can, Treat others the way you want to be treated, work cooperatively as a team. Policy Values: Policy Values are a reminder of what we are trying to accomplish as a community, our aspirations. They provide services of benchmark values for examining the benefits and drawbacks of any project or policy decision in a consistent manner. Policy Values: Complete City Model • Core Services (what we must provide to be a city) Safe Community Essential Services • Quality of Live (what we want to provide to be a desirable city) - High Quality of Life Attractive Community 03 -08 -2016 Minutes Page - 4 - ■ Economic Engine (what drives our ability to provide adequately for each) Economic Prosperity - Fiscally Sustainable When we accomplish all three simultaneously, we are a Complete City. Operational Values: Operational Values drive the Schertz Management Model and are our pillars for running a professional organization. They are our dVred best management practices. 44 They help the City achieve the highest and most sustainable results by focusing on employees, customers, systems, and processes. Operational Values: Schertz Management Model ■ The Schertz Management Model incorporates our five Ope onal Values, each of which represents an essential component of oif desired best management practices. ■ It is how we envision managing the City to achieve the highest and most sustainable results. Establishing a Clear Description — Is /Is Not /Why Analysis (Samples were provided in the PowerPoint) M ,,,, ■ T r description, To reach n a agreed upon desc ption, Council /Staff conducted aquestion -based analysis for each of the Policy and Operational Values. The analysis accomplished the following: - Described the Value by What it is; - Described the Value by What it is not; and - Why the Value was relevant or important to the City ■ Within the analysis, - Council and Staff each developed their own Why Statements which are identified as Policy and Operational, respectively Strengths Weaknesses Opportunities Threats Analysis (SWOT) (Samples were provided in the PowerPoint) • The SWOT Analysis tool helps the City to honestly look at all areas of the organization, not only where we excel, but also those areas where we can do better. • By looking at both internal and external factors, a SWOT Analysis lends itself to looking for ways we can take advantage of strengths and opportunities or mitigate weaknesses and potential threats. 03 -08 -2016 Minutes Page - 5 - • By updating the SWOT Analysis annually, the City can maintain a current and relevant strategic understanding of the organization, even during times of dynamic change. Schertz Vision for Excellence Model • The Schertz Vision for Excellence Model incorporates our Vision, Mission, and Values with our Policy Values, Operational Values, and Core Values into an easily recognizable and meaningful model. • This Model is how we integrate our leadership aspirations in a way that is readily understandable both within the organizatio and outside to our citizens and stakeholders. Team Approach 4 04%. " Communicating our Vision, Mission, and Values at every level requires an ability to explain the rationale behind them and to engage our entire organization in a genuine exchange of perspectives. The City of Schertz Strategic Plan seeks to create alignment within our organization. This can then lead to inspiring the entire team to champion execution of our Plan. Mayor and Councilmembers provided their input/ feedback and positive comments regarding the work staff and Council accomplished to develop the plan. wr Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve the 2016 City of Schertz Strategic Plan as presented. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Hearing of Residents No one spoke. Discussion and Action Items 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of March 1, 2016. (J. Kessel/B. Dennis) Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Fowler to approve the minutes of the Regular Meeting of March 1, 2016. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 2. Resolution No. 16 -R -23 — Consideration and/or action approving a Resolution authorizing the appointment of members to the Alamo Area Council of Governments (AACOG) Regional Emergency Preparedness Advisory Committee. (D. Wait /D. Wait) 03 -08 -2016 Minutes Page - 6 - The following was read into record: RESOLUTION NO. 16 -R -23 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPOINTING MEMBERS TO THE ALAMO AREA COUNCIL OF GOVERNMENTS REGIONAL EMERGENCY PREPAREDNESS ADVISORY COMMITTEE AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Dudley Wait who stated the Alamo Area Council of Governments ( AACOG) was established in 1967 under Chapter 391 of the Local Government Code as a voluntary association of local governments and organizations that serves its members through planning, information, and coordination activities. AACOG serves the Alamo Area/State Planning Region 18, which covers 13 counties and 12,582 square miles. Counties comprising the area planning region are Atascosa, Bandera, Bexar, Comal, Frio, Gillespie, Guadalupe, Karnes, Kendall, Kerr, Medina, McMullen, and Wilson counties. a. AACOG's mission is to enhance the quality of life of all residents of the Alamo Region in partnership with elected and appointed officials, funders, community partners and beneficiaries. AACOG has several standing and advisory committees and one of the committees is their Regional Emergency Preparedness Advisory Committee (REPAC). REPAC establishes and updates the regional priorities of funding for projects applying for the State Homeland Security Grant funds. The priorities will be based upon state guidelines and regional planning assessments conducted by the REPAC. The City has an opportunity to place a member onto REPAC as a voting member giving us a voice in how t funding and policy decisions are made going forward. Staff recommends Council appoint Assistant Fire Chief, Kade Long, as the City's representative to serve on REPAC, and appoint Police Lieutenant, John Correu, as first alternate, and EMS Operations Manager, Toni Bradford, as second alternate. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 16 -R -23. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 3. Resolution No. 16 -R -24 — Consideration and/or action approving a Resolution authorizing an amendment to the hlterlocal Agreement with the City of Cibolo regarding Dispatch Services. (D. Wait/M. Carey /M. Clauser) The following was read into record: RESOLUTION NO. 16 -R -24 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT OF AN INTERLOCAL AGREEMENT FOR 03 -08 -2016 Minutes Page - 7 - DISPATCH SERVICES WITH THE CITY OF CIBOLO, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Police Lt. Mike Carey who stated the City entered into an inter - local agreement (ILA) with the City of Cibolo for public safety /law enforcement dispatch services on October 1, 2010. Under this agreement, the City furnishes all dispatch services for all calls received requesting City of Cibolo public safety services. The City furnishes all capital equipment and facilities necessary to render dispatch services, including all prerequisite governmental licenses, permits, and personnel, except that the City of Cibolo is responsible for obtaining and providing mobile and portable radi apable of operating on the City of Schertz's radio frequency. The agreement was amended on July 7, 2015, to allow the City of Cibolo to place equipment on the City's radio tower. This equipment served to improve connectivity allowing for enhanced public safety response. Both Cities desire to further amend the agreement to more clearly define the services and processes provided for under this agreement. A summary of the changes are outlined below: 1. Creation of a joint advisory board to include the Police and Fire Chiefs of each participating municipality for the purpose of meeting periodically to make non - binding recommendations for the operation and training within the communication center. 2. Ownership of records and data maintained by the City of Schertz on behalf of the City of Cibolo shall remain the property of the City of Cibolo. 3. Upon receipt of written authorization, the City of Cibolo may place equipment necessary to obtain access to Dispatch Service and station altering. Cibolo shall be responsible for maintenance and repair of equipment placed on the City of Schertz property. 4. Cibolo and Schertz agree to 'Aw A. Contact their respective IT Departments for support B. Work cooperatively to e4&We timely resolution of issues. C. Maintain equipment in a manner which will ensure delivery and ability to receive dispatch services D. Provide at least three (3) days advance notice of maintenance or other activities which will result in outages as well as develop plans to address said outages. E. Ensure security and protection of each agencies networks and to advise one another of any breaches to their networks. F. No agency will have access to one another's networks except to provide the necessary service contained in the ILA. G. Each agency will assume their own risk and liability for any connection to the network. 03 -08 -2016 Minutes Page - 8 - H. Establish protocols to ensure dispatch services will continue in the event that connectivity is lost. I. In the event of the termination of the contract, Schertz will allow Cibolo access to the data /media for as long as necessary. 1) To comply with the Texas Open Records Act. 2) Cibolo will be responsible for any cost related to converting or cleansing data contained within the SQL data base. 5. Both parties agree to meet directly on May 31St of each calendar year to evaluate the sufficiency of payments for future Dispatch Services. A. Should the workload volume increase to the point that extra staff is needed, Schertz may, after consultation with Cibolo, increase the quarter fees. B. Notifications of such increases will be made to Cibolo, in writing, at least ninety (90) days prior to the effective day of the increase. No other changes will be made to the agreement. It is the City's desire to partner with the City of Cibolo to foster excellence in providing high - quality public safety dispatch services to Schertz and surrounding communities. This amendment will enable the City to provide enhanced services to Cibolo, resulting in more effective and efficient law enforcement dispatch. Lt. Carey addressed questions from Council. Lt. Carey stated that staff recommends approval. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro- Tern Edwards to approve Resolution No. 16 -R -24. Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized City Seclefy Brenda Dennis who provided the roll call votes for the workshop and agenda items 1 -3. 4 Requests and Announcements 4. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were provided. 5. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the 03 -08 -2016 Minutes Page - 9 - requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. Mayor Carpenter recognized Councilmember Thompson who stated that back in November he had requested the possibility of staff looking into revising the sign ordinance regarding political signs and written permission needed to be obtained before those could be put up and would like to have an update so that if that takes place it could be done before the next election. Mayor Carpenter stated that Councilmember Azzoz previously asked to have a review of the sign ordinance with regards to business signage and so we can combine this issue when staff comes before us. He mentioned there are some changes that are coming up because of a decision by the Supreme Court and we can roll all this into a single presentation. Executive Director Brian James stated that staff is shooting for April 5`�' 6. 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 o Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated he wanted to congratulate Councilmember John on his recent victory as the next Tax Assessor Collector of Guadalupe County. 1�1 Mayor Carpenter recognized Councilmember Fowler who stated he attended a recent ribbon cutting at Delightful Decors and commented on how unique the businesses was and that he was excited that we have this type of diversification here in Schertz. As we grow, we want to see different businesses come in that the city itself will be able to take advantage of. Mayor Carpenter recognized Councilmember John who thanked all those that supported him in the recent election. He is humbled and appreciative of all the support. The number one question has been is he moving to Seguin? He is not moving. He is staying in Schertz. Schertz is his hometown and he is not leaving. Mayor Carpenter recognized Councilmember Thompson who commended the city staff on their recent Pre - Budget meeting and thinking outside of the box striving to include our citizens in a more dynamic way. He encouraged our citizens to attend the next two meetings that are scheduled this week. Councilmember Thompson also congratulated and commended staff on the success of the Wilenchik Walk for Life event which was held this past weekend. 03 -08 -2016 Minutes Page - 10 - Mayor Carpenter also congratulated Councilmember John on his win in the Primary Election as Guadalupe County Tax Assessor Collector. Rumor says it has been at least 130 years since someone in this end of the County has held a County -wide position in Guadalupe County, so that marks a rather radical change in the landscape of our County. He looks forward to the things that Mr. John will do for the entire County in the same manner he has done work for the City of Schertz. 7. Information available in City Council Packets - NO DISCUSSION TO OCCUR Adi Ma), AT' Z Schertz Economic Development Corporation 2015 Tax Year reimbursement per City's Development Agreement with Caterpillar b 2015 Tax Year reimbursement per City's Development Agreement with Capital Group 03 -08 -2016 Minutes page - 11 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: March 22, 2016 Department: Finance Department Subject: Resolution No. 16 -R -26 - Comprehensive Annual Financial Report - CAFR Fiscal Year 2014 -15 BACKGROUND Presentation and consideration and/or action regarding the Fiscal Year 2014 -15 Comprehensive Annual Financial Report (CAFR) by Debbie Fraser, CPA of Armstrong, Vaughan & Associates. State law requires that local governments complete an annual audit by an independent licensed public accounting firm. COMMUNITY BENEFIT The annual audit provides the community assurance the city is in good financial standing and operating in compliance with generally accepted accounting principles and governmental accounting standards. FISCAL IMPACT None RECOMMENDATION Staff recommends approval of Resolution No. 16 -R -26 regarding the Fiscal Year 2014 -15 Comprehensive Annual Financial Report ATTACHMENTS Resolution No. 16 -R -26 Comprehensive Annual Financial Report RESOLUTION NO. 16 -R -26 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR 2014 -15, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City Council approve the Comprehensive Annual Financial Report for Fiscal Year 2014 -15 ; and WHEREAS, the Audit Committee has recommended that it is in the best interest of the City to approve the Comprehensive Annual Financial Report for Fiscal Year 2014 -15; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the Comprehensive Annual Financial Report for Fiscal Year 2014 -15. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the approval of the Comprehensive Annual Financial Report for Fiscal Year 2014 -15. 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 22nd day of March, 2016. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - CITY OF SCHERTZ, TEXAS COMPREHENSIVE ANNUAL FINANCIAL REPORT FISCAL YEAR ENDED SEPTEMBER 30, 2015 OFFICIALS ISSUING REPORT John C. Kessel City Manager Juan F. Santoya, Jr. Director of Finance K;A G G� "CITy� 0 A I \I�pORAT lN, W/ * /i CITY OF SCHERTZ, TEXAS TABLE OF CONTENTS SEPTEMBER 30, 2015 PAGE INTRODUCTORY SECTION ........................................................................... ............................... i LETTER OF TRANSMITTAL ............................................................................................. .............................ii CITYOFFICIALS .............................................................................................................. ............................... x ORGANIZATIONALCHART ......................................................................................... ............................... xi CERTIFICATE OF ACHIEVEMENT ................................................................................ ............................xii FINANCIAL SECTION INDEPENDENT AUDITOR'S REPORT .......................................................................... ............................... 2 MANAGEMENTS DISCUSSION AND ANALYSIS ........................................................ ..............................5 BASIC FINANCIAL STATEMENTS ............................................................................... .............................14 STATEMENT OF NET POSITION ................................................................................... .............................15 STATEMENT OF ACTIVITIES ........................................................................................ .............................17 BALANCE SHEET - GOVERNMENTAL FUNDS ......................................................... .............................19 RECONCILIATION OF BALANCE SHEET .................................................................... .............................21 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES - GOVERNMENTALFUNDS ............................................................................................. .............................22 RECONCILIATION OF THE STATEMENT OF REVENUES, GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES ............................................................................. ............................... 24 STATEMENT OF NET POSITION - PROPRIETARY FUNDS ...................................... .............................25 STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND NET POSITION - PROPRIETARY FUNDS ............................................................................................. .............................27 STATEMENT OF CASH FLOWS - PROPRIETARY FUNDS ..................................... .............................28 NOTES TO BASIC FINANCIAL STATEMENTS ......................................................... ............................... 30 REQUIRED SUPPLEMENTARY INFORMATION ...................................................... ............................... 59 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL - GENERAL FUND ....................................................... ............................... 60 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL - ECONOMIC DEVELOPMENT CORPORATION ..... ............................... 62 NOTES TO SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL .................................................................. ............................... 63 SCHEDULE OF CHANGES - NET PENSION LIABILITY AND RELATED RATIOS ......................... 64 SCHEDULE OF CITY CONTRIBUTIONS ................................................................. ............................... 65 RETIREE HEALTH INSURANCE PLAN - ANALYSIS OF FUNDING PROGRESS ............................. 66 SUPPLEMENTARY INFORMATION ............................................................................ ............................... 67 COMPARATIVE BALANCE SHEETS - GENERAL FUND ..................................... ............................... 68 COMPARATIVE STATEMENTS OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE- GENERAL FUND ............................................................................... ............................... 69 COMPARATIVE BALANCE SHEETS - ECONOMIC DEVELOPMENT CORPORATION .................. 70 i CITY OF SCHERTZ, TEXAS TABLE OF CONTENTS SEPTEMBER 30, 2015 FINANCIAL SECTION (Continued) PAGE COMPARATIVE STATEMENTS OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - ECONOMIC DEVELOPMENT CORPORATION ................. ............................... 71 COMPARATIVE BALANCE SHEETS - DEBT SERVICE FUND ............................ ............................... 72 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET TO ACTUAL - DEBT SERVICE FUND ................................................. ............................... 73 COMPARATIVE BALANCE SHEETS - CAPITAL PROJECTS FUND ................... ............................... 74 COMPARATIVE STATEMENTS OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - CAPITAL PROJECTS FUND ............................................................. ............................... 75 COMBINING BALANCE SHEET - NONMAJOR GOVERNMENTAL FUNDS ..... ............................... 76 COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES — NONMAJOR GOVERNMENTAL FUNDS ..................................... ............................... 78 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET TO ACTUAL - HOTEL OCCUPANCY FUND ........................................................ ............................... 80 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET TO ACTUAL - PARK FUND ................................................................... ............................... 81 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET TO ACTUAL - TREE MITIGATION FUND .......................................... ............................... 82 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET TO ACTUAL - POLICE FORFEITURES FUND .................................... ............................... 83 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET TO ACTUAL - LIBRARY ADVISORY BOARD ................................... ............................... 84 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET TO ACTUAL - HISTORICAL COMMITTEE FUND ............................. ............................... 85 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET TO ACTUAL - PARKS AND RECREATION FOUNDATION ............. ............................... 86 STATISTICAL SECTION NETPOSITION, BY COMPONENT ...................................................................... ............................... CHANGE IN NET POSITION ................................................................................. ............................... FUND BALANCES - GOVERNMENTAL FUNDS ............................................... ............................... CHANGES IN FUND BALANCES, GOVERNMENTAL FUNDS ....................... ............................... TAX REVENUE BY SOURCE — GOVERNMENTAL FUNDS ............................ ............................... TOTAL WATER AND SEWER CONSUMPTION AND RATES ......................... ............................... PRINCIPAL WATER AND SEWER CONSUMERS ............................................. ............................... ASSESSED VALUE AND ESTIMATED ACTUAL VALUE OF TAXABLE PROPERTY ............... DIRECT AND OVERLAPPING PROPERTY TAX RATES ................................. ............................... PRINCIPAL PROPERTY TAX PAYERS ............................................................... ............................... PROPERTY TAX LEVIES AND COLLECTIONS ................................................ ............................... TAXABLEASSESSED VALUE ............................................................................. ............................... RATIOS OF OUTSTANDING DEBT BY TYPE ................................................... ............................... RATIOS OF GENERAL BONDED DEBT OUTSTANDING ................................ ............................... DIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITIES DEBT ......... ............................... DEBT MARGIN INFORMATION .......................................................................... ............................... PLEDGED REVENUE COVERAGE ...................................................................... ............................... DEMOGRAPHIC AND ECONOMIC STATISTICS .............................................. ............................... ii .88 .90 .94 .96 .98 .99 100 101 102 103 104 105 106 108 109 110 111 112 CITY OF SCHERTZ, TEXAS TABLE OF CONTENTS SEPTEMBER 30, 2015 STATISTICAL SECTION (Continued) PAGE TOP TEN PRINCIPAL EMPLOYERS ........................................... ............................... ............................113 FULL -TIME EQUIVALENT CITY GOVERNMENTAL EMPLOYEES BY FUNCTION ....................114 OPERATING INDICATORS BY FUNCTION/PROGRAM ......... ............................... ............................115 CAPITAL ASSET STATISTICS BY FUNCTION! PROGRAM .... ............................... ............................117 COMPLIANCE SECTION REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GO VERNMENT A UDITING STANDARDS ................... ............................120 iii K;A G G� "CITy� 0 A I \I�pORAT lN, W/ * /i INTRODUCTORY SECTION iv SCHIERTZ OCOMMUNITY PPORTUNITY March 11, 2016 To the Honorable Mayor, City Council, and the Citizens of City of Schertz: State law requires that local governments publish a complete set of financial statements presented in conformity with generally accepted accounting principles in the United States of America (U.S. GAAP) and audited in accordance with generally accepted auditing standards in the United States of America by a firm of licensed certified public accountants. Pursuant to that requirement, we hereby issue the comprehensive annual financial report of the City of Schertz for the fiscal year ended September 30, 2015. This report consists of management's representations concerning the finances of the City of Schertz. Consequently, management assumes full responsibility for the completeness and reliability of all the information presented in this report. To provide a reasonable basis for making these representations, management of the City of Schertz has established a comprehensive internal control framework that is designed both to protect the government's assets from loss, theft, or misuse and to compile sufficient reliable information for the preparation of the City of Schertz's financial statements in conformity with U.S. GAAP. Because the cost of internal controls should not outweigh their benefits, the City of Schertz comprehensive framework of internal controls has been designed to provide reasonable rather than absolute assurance that the financial statements will be free from material misstatement. As management, we assert that, to the best of our knowledge and belief, this financial report is complete and reliable in all material respects. The City of Schertz's financial statements have been audited by Armstrong, Vaughan & Associates P.C. a firm of licensed certified public accountants. The goal of the independent audit was to provide reasonable assurance that the financial statements of the City of Schertz for the fiscal year ended September 30, 2015, are free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; assessing the accounting principles used and significant estimates made by management; and evaluating the overall financial statement presentation. The independent auditor concluded, based upon the audit, that there was a reasonable basis for rendering an unqualified opinion that the City of Schertz's financial statements for the fiscal year ended September 30, 2015, are fairly presented in conformity with U.S. GAAP. The independent auditor's report is presented as the first component of the financial section of this report. GAAP requires that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of Management's Discussion and Analysis (MD &A). This letter of transmittal is designed to complement MD &A and should be read in conjunction with it. The City of Schertz's MD &A can be found immediately following the report of the independent auditors. 1400 Schertz Parkway ,t Schertz, Texas 78154 ,t 210.619.1000 * schertz.com v Profile of the Government The City of Schertz, incorporated in 1958, is located in the central part of Texas, which is considered to be a top growth area in the state, and one of the top growth areas in the country. The City of Schertz currently occupies a land area of 32.21 square miles with a population of 37,865 in 2015. The City of Schertz is empowered to levy a property tax on both real and personal properties located within its boundaries. It also is empowered by state statue to extend its corporate limits by annexation, which occurs periodically when deemed appropriate by the governing body. The City of Schertz has operated under the council- manager form of government since November 30, 1972. Policymaking and legislative authority are vested in a City Council consisting of the mayor and 5 other members. The City Council is responsible for establishing public policy on City matters by the passage of appropriate ordinances and resolutions. The City Manager is responsible for overseeing the day -to -day operations of the government, implementing policy established by City Council, and for appointing the heads of the various departments. The council is elected on a non - partisan basis. Council members serve two -year staggered terms, with two council members elected every two years. The mayor is elected to serve a two -year term. The mayor and all five council members are elected at large. The City of Schertz provides a full range of services, including police and fire protection, EMS services, the construction and maintenance of streets, recreational facilities, cultural events, water and sewer services. The annual budget and five -year forecast serve as the foundation for the City of Schertz's financial planning and control. All city departments are required to submit requests for appropriation to the City Manager by June of each year. The City Manager uses these requests as the starting point for developing a proposed budget. The City Manager then presents the proposed budget to the council for review before August 1 st. The council then holds public hearings and community meetings on the proposed budget and to adopt a final budget by September 30th. The fiscal year for Schertz is from October 1 through September 30. The appropriated budget is prepared by each department (e.g. police). Department heads may make transfers of appropriations within a department. The City Manager may make transfers between departments and funds with City Council approval. Budget to actual comparisons are provided in this report for each individual governmental fund for which an appropriated annual budget has been adopted. For the general fund, this comparison is presented on pages 60 -63 as part of the required supplementary information. Factors Affecting Financial Condition The information presented in the financial statements is perhaps best understood when it is considered from the broader perspective of the specific environment within which the City of Schertz operates. Local economy. The City of Schertz enjoys a favorable economic environment and leading indicators point to continued growth. In December 2015, the unemployment rate was 2.9 %. Within a 15 mile radius, the labor market includes a workforce of approximately 530,000 well trained workers and this number is expected to increase in the next several years as the region continues to experience population and business growth. Schertz is located in the San Antonio -New Braunfels Metropolitan Area which has an estimated employment of 1.1 million people as of December 2015. Schertz' own estimated employment for the same time period is 17,361 which is 0.53% higher than the year prior. Local indicators point to a strong and growing housing market. The City planned well and has an abundant water supply for meeting its future growth. vi In the last few years, five Fortune 100 companies have made major investments in Schertz. These five companies include General Electric, Caterpillar, Amazon.com, SYSCO and FedEx. General Electric purchased Salof Companies which designs and manufactures small scale liquefied natural gas technologies and occupies a 390,935 square foot facility in Schertz. The purchase of Salof will allow General Electric to expand their worldwide capabilities in the liquefied natural gas industry. Amazon.com completed construction of their $166 million fulfillment center on 96 acres in Schertz in time for the 2013 holiday season. The fulfillment center has 1.26 million square feet and is the largest facility in Schertz and in Guadalupe County. The new fulfillment center is expected to have 350 new full -time jobs with an annual payroll of $11 million. SYSCO completed their 630,000 square foot distribution facility in January 2012 and employs 810 full -time staff. This is a regional distribution center for SYSCO. FedEx Ground completed a 202,000 square foot facility which will be used to serve the San Antonio region. In addition, Titan Industrial Park, an award winning project through San Antonio Business Journal, completed its first phase in 2015. The space was 82% leased upon completion and the second phase has already begun. Businesses with headquarters or divisions located within the city or in close proximity include Vision Works, Brandt Engineering, Cal -Tex Protective Coatings, Inc., CST Distribution which was formerly Valero, FedEx Freight, Marshall Shredding Company, Kraft Nabisco, Republic National Distributing Company, Caterpillar, Wal -Mart, and H.E.B. Long -term financial planning. The community approved bond propositions in November 2010 for quality of life projects which included an aquatics facility, improvements to the baseball fields and soccer fields, building a new animal adoption facility, and improvements to Main Street. The only remaining projects are the aquatics facility and Main Street improvements. Design work was completed for the aquatic facility and is scheduled to break ground in 2016 while the Main Street improvements continue to be developed. In November 2015, the City placed 2 bond propositions before the voters totaling $15 million. $7 million was for FM road ways which the City will partner with the Texas Department of Transportation, who will provide matching funds, and $8 million for a new Fire Station located in the southern portion of Schertz. Current Year Budget Initiatives. In FY 2014 -15, the City's main initiatives that had a major budget impact were in capital purchases, new hires, and employee compensation. The City budgeted for vehicle replacements, 1/3 of the Firefighters' Self Contained Breathing Apparatus, and building repairs. New capital equipment was purchased through a $3 million tax note in early 2015 for public works and emergency medical services. Also authorized were 2 seasonal park workers, a new accountant, 2 mechanics, and a building maintenance worker. The City budget for compensation increases over $500,000 that included 2% merit raise to eligible employees and a market adjustment based on a salary survey. Financial Information: Internal Control. Management is responsible for establishing and maintaining internal controls designed to ensure that assets of the City are protected from loss, theft or misuse and to provide adequate accounting information compiled to allow for the preparation of financial statements in conformity with generally accepted accounting principles for local governments as prescribed by the Governmental Accounting Standards Board (GASB), the Financial Accounting Standards Board (FASB) and the American Institute of Certified Public Accountants (AICPA). The internal control system is designed to provide reasonable, but not absolute assurance that these objectives are met. vii The concept of reasonable assurance recognizes that the cost of an internal control should not exceed the benefits derived from the internal control. The City utilizes financial accounting software which is designed with a system of internal controls. These controls are continually being reevaluated to provide reasonable, but not absolute, assurances. Budget Controls. The City also utilizes budgetary controls. Legally expenditures cannot exceed the appropriated amount. The objective of these budgetary controls is to ensure compliance with the adopted budget approved by the City Council as mandated by the city charter and state law. The levels of budgetary control are established at the line -item basis and at the fund level. Cash management policies and practices. During the year, temporarily idle cash was invested through State local investment pools. Cash available for longer term investments was invested in agency bonds and certificates of deposit. Cash in the State local investment pools are essentially liquid. Longer term investments had an average maturity of 1.21 years. The average yield on the investment portfolio was .26 percent. Active involvement in investment instruments was limited due to the continuation of extremely low interest rates and market uncertainty. The rate of return was simply not sufficient to justify the management expense. Risk Management. During 2015, the City continued a risk management program for worker's compensation. Various control techniques, including employee accident prevention training, have been implemented during the year to minimize accident- related losses. Third -party coverage is currently maintained for individual worker's compensation claims and all other potential losses. Additional information on the City of Schertz's risk management activity can be found in the notes to the financial statements. Pension benefits. The City of Schertz is a member city of the Texas Municipal Retirement System, referred to as TMRS. TMRS is one of the leading public pension funds in the nation. Each year, an independent actuary engaged by the pension plan calculates the amount of the annual contribution the City of Schertz must make to the pension plan to ensure the plan will be able to fully meet its obligations to retired employees on a timely basis. As a matter of policy, the City of Schertz fully funds each year's annual required contribution to the pension plan as determined by the actuary. The remaining unfunded amount is being systematically funded as part of the annual required contribution calculated by the actuary. Other Financial Information: Independent Audit. An independent audit is performed every year of the general ledger, accounts, financial records, and transactions of all city departments. The audit is completed by an independent certified public accounting firm selected by the City Council. The City is in compliance with this requirement and the independent auditor's report by Armstrong, Vaughan, P.C. Certified Public Accountants, has been included in this report. Awards and Acknowledgements _ The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Schertz for its comprehensive annual financial report for the fiscal year ended September 30, 2014. This was the 30th consecutive year that the City has received this prestigious award. In order to be awarded a Certificate of Achievement, the City must publish an easily readable and efficiently organized comprehensive annual financial report. This report must satisfy both generally accepted accounting principles and applicable legal requirements. viii A Certificate of Achievement is valid for a period of one year only. We believe our current comprehensive annual financial report continues to meet the Certificate of Achievement Program's requirements and we are submitting it to the GFOA to determine its eligibility for another certificate. The preparation of this report would not have been possible without the efficient and dedicated services of the entire staff of the finance department. We would like to express our appreciation to all members of the department who assisted and contributed to the preparation of this report. In addition, without the assistance of each and every department head on staff, we would have none of the successes we've enjoyed. Credit also must be given to the Mayor and the City Council for their unfailing support for the City Manager and staff. Respectfully submitted, John C. Kessel City Manager lx Juan F. Santoya Finance Director CITY OF SCHERTZ, TEXAS CITY OFFICIALS MAYOR MICHAEL CARPENTER MAYOR PRO -TEM JIM FOWLER CITY COUNCIL GRUMPY AZZOZ CEDRIC EDWARDS, SR. rgo : �i 0: [o] LVA I aYs)ONI DARYL JOHN CITY MANAGER JOHN C. KESSEL DIRECTOR OF FINANCE JUAN F. SANTOYA, JR. CITY ATTORNEY CHARLES ZECH, DENTON, NAVARRO, ROCHA, BERNAL, HYDE & ZECH, P.C. CITY AUDITOR ARMSTRONG, VAUGHAN & ASSOCIATES, P.C. x CITY OF SCHERTZ ORGANIZATIONAL CHART Citizens Executive Director Executive Director Executive Director Executive Director Services Economic Development pperations Development *Appointed by City Council X1 Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to City of Schertz Texas For its Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2014 Executive Director /CEO xii K;A G G� "CITy� 0 A I \I�pORAT lN, W/ * /i FINANCIAL SECTION SHAREHOLDERS: Nancy L. Vaughan, CPA Deborah F. Fraser, CPA Phil S. Vaughan, CPA To the Honorable Mayor and Members of the City Council City of Schertz, Texas 4D Armstrong, Vaughan & Associates, P.C. Certified Public Accountants INDEPENDENT AUDITOR'S REPORT Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of City of Schertz, as of and for the year ended September 30, 2015, and the related notes to the financial statements, which collectively comprise City of Schertz's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements City of Schertz's management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. 941 West Byrd Blvd., Suite 101 • Universal City, Texas 78148 Phone: 210 - 658 -6229 • Fax: 2.10 -659 -7611 -Email: vaughan@avacpa.com . www.avacpa.com Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of City of Schertz, as of September 30, 2015, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Emphasis of Matter As discussed in Note IS to the financial statements, in October 2014, the City adopted a new accounting guidance from the Governmental Accounting Standards Board Statement No. 68 related to accounting for pensions. This resulted in a restatement of the prior year balances. Our opinion is not modified with respect to the matter. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that management's discussion and analysis, budgetary comparison information, schedule of changes in net pension liabilities and related ratios and the schedule of contributions, as listed in the table of contents, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. The budgetary comparison information is the responsibility of management and was derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the budgetary comparison information is fairly stated, in all material respects, in relation to the basic financial statements as a whole. We have applied certain limited procedures to the management's discussion and analysis and the schedule of changes in net pension liabilities and related ratios and the schedule of contributions in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on management's discussion and analysis and schedule of changes in net pension liabilities and related ratios and the schedule of contributions because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise City of Schertz's basic financial statements. The combining and individual nonmajor fund financial statements, introductory section, and statistical section are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining and individual nonmajor fund financial statements are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining and individual nonmajor fund financial statements are fairly stated, in all material respects, in relation to the basic financial statements as a whole. The introductory and statistical sections have not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on it. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated March 11, 2016 on our consideration of City of Schertz's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering City of Schertz's internal control over financial reporting and compliance. Armstrong, Vaughan & Associates, P.C. March 11, 2016 4 MANAGEMENTS DISCUSSION AND ANALYSIS As management of the City of Schertz, we offer readers of the City's financial statements this narrative overview and analysis of the financial activities of the City of Schertz for the fiscal year ended September 30, 2015. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal, which can be found in the introductory section of this report. Financial Highlights The assets of the City of Schertz exceeded its liabilities at the close of the most recent fiscal year by $157 million (net position). Of this amount, $16 million (unrestricted net position) may be used to meet the City's ongoing obligations to citizens and creditors. The City's total net position increased by $16.8 million. A significant portion of this increase, 58 %, is attributable to capital contributions from developers. As of the close of the current fiscal year, the City's governmental funds reported combined ending fund balances of $31.1 million, an increase of $3.7 million in comparison with the prior year. At the end of the fiscal year, the combined total of the General Fund assigned and unassigned fund balances was $8 million which is 39.6% of the general fund expenditures not including capital outlay. The fund balance policy is to have a 25% balance. During the fiscal year, the City issued $245 thousand in tax notes in the governmental activities and $1.88 million in tax notes for water and sewer improvements. Overview of the Financial Statements This discussion and analysis is intended to serve as an introduction to the City's basic financial statements. The City's basic financial statements comprise three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government -wide financial statements. The government -wide financial statements are designed to provide readers with a broad overview of the City's finances, in a manner similar to a private- sector business. The statement of net position presents information on all of the City's assets and liabilities, with the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the City of Schertz is improving or deteriorating. The statement of activities presents information showing how the City's net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g. uncollected taxes and earned but unused vacation leave). Both of the government -wide financial statements distinguish functions of the City of Schertz that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business -type activities). The governmental activities of the City of Schertz include general government, public safety, streets and parks, health, and culture and recreation. The business -type activities of the City of Schertz include a water and sewer department and an emergency medical services department. Fund financial statements. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City of Schertz, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance - related legal requirements. The funds of the City of Schertz can be divided into two categories: governmental and proprietary. Governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government - wide financial statements, governmental fund financial statements focus on near term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information is useful in evaluating a government's near -term financing requirements. Because the focus of governmental funds is narrower than that of the government -wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may better understand the long -term impact of the government's near -term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The City of Schertz maintains eleven individual governmental funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances for the general fund, the debt service fund, the economic development corporation and the capital projects fund, all of which are considered to be major funds. Data from the other seven governmental funds are combined into a single, aggregated presentation. Individual fund data for each of these non -major governmental funds is provided in the form of combining statements elsewhere in this report. Proprietary funds. The City of Schertz maintains one type of proprietary fund. Enterprise funds are used to report the same functions presented as business -type activities in the government -wide financial statements. The City of Schertz uses enterprise funds to account for its water and sewer department and for its emergency medical services department. Proprietary funds provide the same type of information as the government -wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for the water and sewer department and for the emergency medical services department, both of which are considered to be major funds of the City of Schertz. Notes to the financial statements. The notes provide additional information that is essential to a full understanding of the data provided in the government -wide and fund financial statements. Other information. In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the City's general fund budgetary schedule. The City of Schertz adopts an annual appropriated budget for its general fund. A budgetary comparison schedule has been provided for the general fund to demonstrate compliance with this budget. The economic development corporation also adopts an annual budget, and a comparison schedule for it also is provided in the required supplementary information. 6 The combining statements referred to earlier in connection with non -major governmental funds are presented immediately following the required supplementary information. Government -wide Financial Analysis As noted earlier, net position may serve over time as a useful indicator of a government's financial position. In the case of the City of Schertz, assets exceeded liabilities by $157 million at the close of the most recent fiscal year. The largest portion of the City's total net position (81 %) reflects its net investment in capital assets (e.g., land, buildings, machinery, and equipment) less any related debt used to acquire those assets that is still outstanding, plus bond proceeds that have not yet been signed. The City of Schertz uses these capital assets to provide services to citizens; consequently, these assets are not available for operational type of future spending. Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. An additional portion of the City's total net position (9 %) represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net position, $16 million, may be used to meet the government's ongoing obligations to citizens and creditors. At the end of the current fiscal year, the City of Schertz is able to report positive balances in all three categories of net position, both for the government as a whole, as well as for its separate governmental and business -type activities. The same situation held true for the prior fiscal year. TABLE A -1 NET POSITION Note — The year 2014 has not been restated for GASB Statement No. 68 adopted October 1, 2014. 7 Governmental Activities Business -Type Activities Total 2015 2014 2015 2014 2015 2014 Current and Other Assets $ 35,838,626 $ 32,058,111 $ 25,354,617 $ 22,393,677 $ 61,193,243 $ 54,451,788 Capital Assets 114,639,271 111,550,067 69,019,208 64,553,475 183,658,479 176,103,542 Total Assets 150,477,897 143,608,178 94,373,825 86,947,152 244,851,722 230,555,330 Deferred Outflows 2,510,327 969,012 637,418 146,807 3,147,745 1,115,819 Current Liabilities 7,139,217 7,021,924 4,631,940 4,011,930 11,771,157 11,033,854 Long -Term Liabilities 62,661,129 55,747,628 16,485,531 12,956,604 79,146,660 68,704,232 Total Liabilities 69,800,346 62,769,552 21,117,471 16,968,534 90,917,817 79,738,086 Deferred Inflows 78,341 - 24,645 - 102,986 - Net Investment in Capital Assets 68,125,738 62,792,671 59,625,205 53,674,437 127,750,943 116,467,108 Restricted 13,343,280 10,401,728 - - 13,343,280 10,401,728 Unrestricted 1,640,519 8,613,239 14,243,922 16,450,988 15,884,441 25,064,227 Total Net Position $ 83,109,537 $ 81,807,638 $ 73,869,127 $ 70,125,425 $ 156,978,664 $ 151,933,063 Note — The year 2014 has not been restated for GASB Statement No. 68 adopted October 1, 2014. 7 The government's net position increased by $16.8 million during the current fiscal year. Fifty -eight percent of this increase represents capital contributions from developers. The following table indicates changes in net position for governmental and business -type activities followed by graphs displaying total revenues and expenses by type: TABLE A -2 CHANGES IN NET POSITION FOR GOVERNMENTAL AND BUSINESS -TYPE ACTIVITIES Revenues: Program Revenues: Charges for Services Operating Contributions Capital Contributions General Revenues Property Taxes Other Taxes Investment Earnings Miscellaneous Total Revenues Governmental Activities 2015 2014 Business -Type Activities 2015 2014 Total 2015 2014 $ 5,589,948 $ 5,771,078 $ 25,115,495 $ 23,681,625 $ 30,705,443 $ 29,452,703 336,252 220,264 - - 336,252 220,264 5,509,530 5,756,456 4,158,552 2,809,110 9,668,082 8,565,566 14,139,037 12,794,172 - - 14,139,037 12,794,172 13,186,298 13,219,062 - - 13,186,298 13,219,062 56,820 43,243 47,728 31,810 104,548 75,053 197,881 180,316 344,731 609,003 542,612 789,319 39,015,766 37,984,591 29,666,506 27,131,548 68,682,272 65,116,139 Expenses: General Government 6,443,227 6,958,530 6,443,227 6,958,530 Public Safety 10,836,712 10,025,703 10,836,712 10,025,703 Public Environment 3,876,644 3,740,538 3,876,644 3,740,538 Parks and Recreation 2,164,604 1,807,136 2,164,604 1,807,136 Cultural 892,194 870,159 892,194 870,159 Health 470,468 407,114 470,468 407,114 Administration 1,845,877 1,942,312 1,845,877 1,942,312 Interest and Other Fees 2,226,635 2,352,856 2,226,635 2,352,856 Water and Sewer - - 18,440,959 17,762,116 18,440,959 17,762,116 EMS 4,719,526 4,268,125 4,719,526 4,268,125 Total Expenses 28,756,361 28,104,348 23,160,485 22,030,241 51,916,846 50,134,589 INCREASE IN NET POSITION BEFORE TRANSFERS 10,259,405 9,880,243 6,506,021 5,101,307 16,765,426 14,981,550 Transfers (42,235) (50,000) 42,235 50,000 CHANGE IN NET POSITION $ 10,217,170 $ 9,830,243 $ 6,548,256 $ 5,151,307 $ 16,765,426 $ 14,981,550 Note — The year 2014 has not been restated for GASB Statement No. 68 adopted October 1, 2014 as the information is unavailable. $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 TOTAL REVENUES- GOVERNMENT -WIDE Charges for Operating Capital Grants Property Taxes Other Taxes Unrestricted Miscellaneous Services Grants and and Investment Contributions Contributions Earnings 8 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 TOTAL EXPENSES - GOVERNMENT -WIDE General Public Safety Public Parks and Cultural Health Interest and Government Environment Recreation Administration Other Fees Revenues - Governmental Activities (Continued) General Revenue by Source -Governmental Activities Miscellaneous 3% Occupancy Tax,, 2% Franchise Ta�y9% I Investment ° H Earnings 0% Property Tay, 59% Sa /es a nd Use Tay 27% 66 Business -Type Activities Business -Type activities accounted for 39.3% of the growth in the net position of the City of Schertz. Of this increase, 64% is the result of capital contributions from developers. For the most part, increases in expenses closely paralleled inflation and the change in revenues was primarily related to fluctuations in capital contributions from developers. 30,000,000 25,000,000 20,000,000 15,000,000 10,000,000 5,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $(5,000,000) 2015 2014 Water and Sewer Utilities EMS 10 Financial Analysis of the Government's Funds As noted earlier, the City of Schertz uses fund accounting to ensure and demonstrate compliance with finance - related legal requirements. Governmental funds. The focus of the City's governmental funds is to provide information on near -term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unassigned fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the City's governmental funds reported combined ending fund balances of $31.1 million. Of this total amount, $7.3 million constitutes unassigned fund balance, which is available for spending at the government's discretion. The remainder of fund balance is non - spendable, restricted, or assigned to indicate that it is not available for new spending because it has already been committed to pay debt service, for capital improvement projects, and other assigned purposes. The general fund is the chief operating fund of the City of Schertz. At the end of the current fiscal year, unassigned fund balance of the general fund was $7.3 million, while total fund balance was $9.6 million, an increase of $1.9 million from the prior year. As a measure of the general fund's liquidity, it may be useful to compare both unassigned fund balance and total fund balance to total fund expenditures. Unassigned fund balance represents 36.3% of total general fund expenditures, not including capital. The debt service fund has a total fund balance of $0.9 million all of which is restricted for the payment of debt service. The net increase in fund balance during the current year in the debt service fund was $0.2 million. The capital projects fund has a total fund balance of $8.9 million, a decrease of $.7 million. No new governmental bonds were issued this year, so the activity in the capital projects fund is primarily the expenditures of prior bond issuances. The City did issue Tax Notes of $245 thousand. Proprietary funds. The City's proprietary funds provide the same type of information found in the government -wide financial statements, but in more detail. Unrestricted net position of the water and sewer fund at the end of the year amounted to $15.2 million and those for the Schertz EMS fund amounted to $(.6) million. General Fund Budgetary Highlights The General Fund expenditures were $1.9 million less than the $22.8 million budget. This was the result of cost savings across most of the General Fund. Revenues were lower by $26 thousand than budgeted. Overall, the fund balance increased by $1.5 million higher than budgeted. The original budget was amended during the year to decrease total expenditures by I%. 11 CAPITAL ASSET AND DEBT ADMINISTRATION Capital assets. The City's investment in capital assets for its governmental and business -type activities as of September 30, 2015, amounts to $184 million (net of accumulated depreciation). Developers contributed $8.6 million in infrastructure during the year. The City also has several projects in progress from voter approved bonds. Additional information on the City's capital assets can be found in the note 6 to the basic financial statements. TABLE A -3 CAPITAL ASSETS (Net of Depreciation) Long -Term Debt. At the end of the current fiscal year, the City of Schertz had total bonded debt outstanding of $67.8 million. The related principal and interest payment for the bonds are backed by an annual ad valorem tax levied against all taxable property within the City. The City of Schertz maintains a "AA +" rating from Standard and Poors. Additional information on the City's long -term debt can be found in note 9 to the basic financial statements. TABLE A -4 Governmental Business -Type Activities Activities Total 2015 2014 2015 2014 2015 2014 Land $ 7,499,108 $ 7,445,117 $ 1,354,138 $ 1,276,852 $ 8,853,246 $ 8,721,969 Water Rights - - 70,245 70,245 70,245 70,245 Buildings and Improvements 39,307,995 39,116,202 4,660,001 4,660,001 43,967,996 43,776,203 Machinery, Equipment, and Vehicles 8,407,375 8,126,722 4,470,642 3,640,274 12,878,017 11,766,996 Infrastructure 94,102,513 87,983,067 82,119,240 77,985,687 176,221,753 165,968,754 Construction in Progress 5,880,125 4,995,655 2,964,135 1,651,694 8,844,260 6,647,349 Accumulated Depreciation (40,557,845) (36,152,696) (26,619,193) (24,722,278) (67,177,038) (60,874,974) TOTALS $ 114,639,271 $ 111,514,067 $ 69,019,208 $ 64,562,475 $ 183,658,479 $ 176,076,542 Long -Term Debt. At the end of the current fiscal year, the City of Schertz had total bonded debt outstanding of $67.8 million. The related principal and interest payment for the bonds are backed by an annual ad valorem tax levied against all taxable property within the City. The City of Schertz maintains a "AA +" rating from Standard and Poors. Additional information on the City's long -term debt can be found in note 9 to the basic financial statements. TABLE A -4 12 Governmental Business -Type Activities Activities Total 2015 2014 2015 2014 2015 2014 General Obligation Bonds $ 52,300,000 $ 55,300,000 $ 3,485,000 $ 3,960,000 $ 55,785,000 $ 59,260,000 Certificates of Obligation 277,801 543,934 8,837,200 9,436,066 9,115,001 9,980,000 Tax Notes and Leases 1,210,000 1,585,000 1,640,000 65,000 2,850,000 1,650,000 TOTALS $ 53,787,801 $ 57,428,934 $13,962,200 $13,461,066 $ 67,750,001 $ 70,890,000 12 Economic Factors and Next Year's Budgets and Rates At the end of the last fiscal year, the assigned and unassigned fund balance in the general fund increased to $8.0 million. The City of Schertz has not appropriated any portion of this amount for spending in the 2016 fiscal year budget. The intention is to build up the assigned and unassigned fund balance to 3 to 6 months of operating expenses. Each year the City updates its five -year budgeting forecast and has implemented a long term debt model to assist management in making informed financial decisions that will impact the community now and in the future. Requests for Information This financial report is designed to provide a general overview of the City's finances for all those with an interest in the government's finances. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to the Office of the Finance Director, City of Schertz, 1400 Schertz Parkway, Schertz, Texas 78154. 13 K;A G G� "CITy� 0 A I \I�pORAT lN, W/ * /i BASIC FINANCIAL STATEMENTS 14 CITY OF SCHERTZ, TEXAS STATEMENT OF NET POSITION SEPTEMBER 30, 2015 ASSETS Current Assets: Cash and Cash Equivalents Investments Receivables (net of allowances) Taxes Accounts and Other Accrued Interest Income Prepaid Expenses Inventories Internal Balances Total Current Assets Noncurrent Assets: Restricted Assets: Cash and Cash Equivalents Investments Capital Assets: Land Water Rights Buildings and Improvements Equipment and Vehicles Infrastructure Construction in Progress Accumulated Depreciation Total Noncurrent Assets TOTAL ASSETS DEFERRED OUTFLOWS OF RESOURCES Deferred Loss on Debt Refundings Deferred Pension Related Outflows TOTAL DEFERRED OUTFLOWS OF RESOURCES Primary Government Governmental Business -Type Activities Activities Total $ 2,687,815 28,189,639 2,571,225 2,054,270 1,983 16,000 101,084 (254,966) 35,367,050 471,576 7,499,108 39,307,995 8,407,375 94,102,513 5,880,125 (40,557,845) 115,110,847 150,477,897 $ 1,216,648 4,192,991 3,552,280 5,863 351,950 207,510 254,966 9,782,208 2,162,967 13,409,442 1,354,138 70,245 4,660,001 4,470,642 82,119,240 2,964,135 (26,619,193) 84,591,617 94,373,825 $ 3,904,463 32,382,630 2,571,225 5,606,550 7,846 367,950 308,594 45,149,258 2,634,543 13,409,442 8,853,246 70,245 43,967,996 12,878,017 176,221,753 8,844,260 (67,177,038) 199,702,464 244,851,722 890,548 127,870 1,018,418 1,619,779 509,548 2,129,327 $ 2,510,327 See Accompanying notes to basic financial statements. 15 $ 637,418 $ 3,147,745 CITY OF SCHERTZ, TEXAS STATEMENT OF NET POSITION (CONTINUED) SEPTEMBER 30, 2015 Noncurrent Liabilities: Compensated Absences 747,605 Primary Government 954,905 Net Other Post - Employment Benefit Payable Governmental Business -Type 430,580 Net Pension Liability Activities Activities Total LIABILITIES 51,076,145 12,868,823 63,944,968 Current Liabilities: 62,661,129 16,485,531 79,146,660 Accounts Payable $ 1,878,393 $ 1,973,143 $ 3,851,536 Accrued Liabilities 445,687 150,096 595,783 Due to Other Governments 162,714 - 162,714 Unearned Revenue 42,418 416,939 459,357 Accrued Interest Payable 451,375 68,044 519,419 Compensated Absences 186,901 51,825 238,726 Customer Deposits 58,450 522,596 581,046 Current Portion of Long -Term Debt 3,913,279 1,449,297 5,362,576 Total Current Liabilities 7,139,217 4,631,940 11,771,157 Noncurrent Liabilities: Compensated Absences 747,605 207,300 954,905 Net Other Post - Employment Benefit Payable 327,390 103,190 430,580 Net Pension Liability 10,509,989 3,306,218 13,816,207 Long -Term Debt 51,076,145 12,868,823 63,944,968 Total Noncurrent Liabilities 62,661,129 16,485,531 79,146,660 TOTAL LIABILITIES 69,800,346 21,117,471 90,917,817 DEFERRED INFLOWS OF RESOURCES Deferred Pension Related Inflows 78,341 24,645 102,986 NET POSITION Net Investment In Capital Assets 68,125,738 59,625,205 127,750,943 Restricted For: Police and Municipal Court 1,177,895 - 1,177,895 PEG Capital Fees 509,535 - 509,535 Tourism Development 848,969 - 848,969 Economic Development 9,541,457 - 9,541,457 Parks and Tree Mitigation 672,700 - 672,700 Debt Service 454,993 - 454,993 Scholarships and Other Purposes 137,731 - 137,731 Unrestricted 1,640,519 14,243,922 15,884,441 TOTAL NET POSITION $ 83,109,537 $ 73,869,127 $ 156,978,664 See Accompanying notes to basic financial statements. 16 CITY OF SCHERTZ, TEXAS STATEMENT OF ACTIVITIES FOR THE YEAR ENDED SEPTEMBER 30, 2015 Program Revenues Operating Capital Charges for Grants and Grants and Functions and Programs Expenses Services Contributions Contributions Primary Government: Governmental Activities: General Government Public Safety Public Environment Parks and Recreation Cultural Health Administration Interest Total Governmental Activities Business -Type Activities Water and Sewer EMS Total Business -Type Activities Total Primary Government General Revenues: Taxes: Ad Valorem Sales Franchise Fees Hotel/Motel Mixed Drink Investment Earnings Miscellaneous Total General Revenues Transfers Change in Net Position Net Position at Beginning of Year Prior Period Adjustment Net Position at End of Year $ 6,443,227 $ 1,840,547 $ 144,076 $ 5,498,973 10,836,712 2,603,476 82,726 - 3,876,644 - - - 2,164,604 794,003 93,632 - 892,194 325,178 3,628 - 470,468 26,744 12,190 10,557 1,845,877 - - - 2,226,635 - - - 28,756,361 5,589,948 336,252 5,509,530 18,440,959 20,700,369 - 4,158,552 4,719,526 4,415,126 - - 23,160,485 25,115,495 - 4,158,552 $ 51,916,846 $ 30,705,443 S 336,252 $ 9,668,082 See Accompanying notes to basic financial statements. 17 Net (Expense) Revenue and Changes in Net Position Primary Government Governmental Business -Type Activities Activities Total $ 1,040,369 - $ 1,040,369 (8,150,510) - (8,150,510) (3,876,644) - (3,876,644) (1,276,969) - (1,276,969) (563,388) - (563,388) (420,977) 47,728 (420,977) (1,845,877) 344,731 (1,845,877) (2,226,635) 392,459 (2,226,635) (17,320,631) (42,235) (17,320,631) $ 6,417,962 6,417,962 6,548,256 (304,400) (304,400) 70,125,425 6,113,562 6,113,562 (17,320,631) 6,113,562 (11,207,069) 14,139,037 - 14,139,037 10,315,125 - 10,315,125 2,263,783 - 2,263,783 563,734 - 563,734 43,656 - 43,656 56,820 47,728 104,548 197,881 344,731 542,612 27,580,036 392,459 27,972,495 (42,235) 42,235 - 10,217,170 6,548,256 16,765,426 81,807,638 70,125,425 151,933,063 (8,915,271) (2,804,554) (11,719,825) $ 83,109,537 $ 73,869,127 $ 156,978,664 18 CITY OF SCHERTZ, TEXAS BALANCE SHEET - GOVERNMENTAL FUNDS SEPTEMBER 30, 2015 See Accompanying notes to basic financial statements. 19 General Capital Debt Fund Projects Service ASSETS Cash and Cash Equivalents $ 268,784 $ 919,471 $ 50,741 Investments 8,796,303 8,773,689 796,437 Receivables (net of allowances) Taxes 1,860,970 - 59,190 Accounts and Other 2,048,709 5,011 - Inventory 101,084 - - Prepaid Items - - - Restricted Assets: Cash and Cash Equivalents 471,576 - - TOTAL ASSETS $ 13,547,426 $ 9,698,171 $ 906,368 LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCES Liabilities: Accounts Payable $ 913,100 $ 772,675 $ - Accrued Salaries and Benefits 437,755 - - Customer Deposits 58,450 - - Due to Other Governments 162,714 - - Due to Other Funds 254,057 909 - Unearned Revenues 42,418 - - Total Liabilities 1,868,494 773,584 - Deferred Inflows of Resources: Unavailable Revenues 2,062,445 - 59,190 Fund Balances: Nonspendable: Inventory 101,084 - - Prepaid Items - - - Restricted for: Police and Public Safety 189,464 - - Municipal Court 683,558 - - PEG Capital Fees 509,535 - - Capital Improvement - 8,924,587 - Debt Service - - 847,178 Tourism Development - - - Parks and Tree Mitigation - - - Historical Committee and Library - - - Economic Development - - - Scholarships 60,944 - - Assigned for: Property Replacement 785,005 - - Special Events 6,657 - - Unassigned 7,280,240 - - Total Fund Balances 9,616,487 8,924,587 847,178 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCES $ 13,547,426 $ 9,698,171 $ 906,368 See Accompanying notes to basic financial statements. 19 Economic Nonmajor Total Development Governmental Governmental Corporation Funds Funds $ 595,001 $ 853,818 $ 2,687,815 8,635,228 1,187,982 28,189,639 611,869 39,195 2,571,224 1,983 550 2,056,253 - - 101,084 - 16,000 16,000 - - 471,576 $ 9,844,081 $ 2,097,545 $ 36,093,591 $ 14,402 $ 178,216 $ 1,878,393 7,932 - 445,687 - - 58,450 - - 162,714 - - 254,966 - - 42,418 22,334 178,216 2,842,628 2,121,635 - - 101,084 - 16,000 16,000 - 304,873 494,337 - - 683,558 - - 509,535 - - 8,924,587 - - 847,178 - 848,969 848,969 - 672,700 672,700 - 76,787 76,787 9,821,747 - 9,821,747 - - 60,944 - - 785,005 - - 6,657 - - 7,280,240 9,821,747 1,919,329 31,129,328 $ 9,844,081 $ 2,097,545 $ 36,093,591 K;A G G� "CITy� 0 A I \I�pORAT lN, W/ * /i CITY OF SCHERTZ, TEXAS RECONCILIATION OF BALANCE SHEET SEPTEMBER 30, 2015 TOTAL FUND BALANCE - TOTAL GOVERNMENTAL FUNDS Amounts reported for governmental activities in the Statement of Net Position are different because: Capital Assets used in governmental activities are not financial resources and, therefore, are not reported in the funds. Other long -term assets are not available to pay for current- period expenditures and, therefore, are not recognized as revenue in the funds. The governmental funds report other post - employment benefit contributions as expenditures when they become due and payable. However, in the statement of activities differences between other post - employment benefit contributions and actuarially determined costs are reported as an obligation. Long -term liabilities, including bonds payable and capital leases, are not due and payable in the current period and therefore, not reported in the funds: Bonds Payable Unamortized Premiums, Discounts, Losses on Refundings Capital Lease Payable Accrued Interest Payable Compensated Absences Net Pension Liabilities (and related deferred inflows and outflows of resources) do not consume current financial resources are not reported in governmental funds: Net Pension Liability Pension Related Deferred Outflows Pension Related Deferred Inflows TOTAL NET POSITION - GOVERNMENTAL ACTIVITIES See accompanying notes to basic financial statements. 21 $ 31,129,328 114,639,271 2,121,636 (327,390) (53,787,801) (219,580) (91,495) (451,375) (934,506) (55,484,757) (10,509,989) 1,619,779 (78,341) (8,968,551) $ 83,109,537 CITY OF SCHERTZ, TEXAS STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES — GOVERNMENTAL FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2015 REVENUES Taxes Permits and Fees Service Fees Fines and Fees Intergovernmental Investment Earnings Miscellaneous TOTAL REVENUES EXPENDITURES Current: General Government Public Safety Public Environment Parks and Recreation Cultural Health Administration Capital Outlay Debt Service: Principal Interest and Fiscal Charges Bond Issue Costs TOTAL EXPENDITURES Excess (Deficiency) of Revenues Over (Under) Expenditures OTHER FINANCING SOURCES (USES) Issuance of Debt Transfers In Transfers Out TOTAL OTHER FINANCING SOURCES (USES) Net Change in Fund Balance Fund Balances at Beginning of Year Fund Balances at End of Year General Fund Capital Projects Debt Service Fund $ 17,926,685 $ - $ 5,415,059 1,447,814 - - 1,609,917 - - 1,498,887 - - 233,959 159,648 - 24,369 13,723 2,575 571,416 6,000 - 23,313,047 179,371 5,417,634 5,187,335 - - 10,037,830 - - 952,663 - - 1,182,906 - - 795,436 - - 404,008 - - 1,638,429 - - 637,800 1,650,298 - 31,875 - 3,471,133 8,341 - 2,088,796 4,842 3,150 20,876,623 1,655,140 5,563,079 2,436,424 (1,475,769) (145,445) 245,000 569,147 (541,971) (45,537) 367,188 (541,971) 768,610 367,188 1,894,453 (707,159) 221,743 7,722,034 9,631,746 625,435 S 9,616,487 $ 8,924,587 $ 847,178 See accompanying notes to basic financial statements. 22 Other Economic Nonmajor Total Development Governmental Governmental Corporation Funds Funds $ 3,442,819 $ 563,734 $ 27,348,297 - 283,488 1,731,302 - 187,234 1,797,151 - 35,701 1,534,588 - - 393,607 14,461 1,251 56,379 1,478 54,532 633,426 3,458,758 1,125,940 33,494,750 279,980 115,126 5,582,441 - 120,571 10,158,401 - - 952,663 - 475,291 1,658,197 - 25,710 821,146 - - 404,008 351,812 66,405 2,056,646 - 26,570 2,314,668 415,000 - 3,918,008 15,609 - 2,112,746 - - 7,992 1,062,401 829,673 29,986,916 2,396,357 296,267 3,507,834 - - 245,000 - 52,785 989,120 (367,188) (76,659) (1,031,355) (367,188) (23, 874) 202,765 2,029,169 272,393 3,710,599 7,792,578 1,646,936 27,418,729 $ 9,821,747 $ 1,919,329 $ 31,129,328 23 K;A G G� "CITy� 0 A I \I�pORAT lN, W/ * /i CITY OF SCHERTZ, TEXAS RECONCILIATION OF THE STATEMENT OF REVENUES, GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FOR THE YEAR ENDED SEPTEMBER 30, 2015 NET CHANGE IN FUND BALANCES - GOVERNMENTAL FUNDS Amounts reported for governmental activities in the Statement of Activities are different because: Governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. In addition, capital assets contributed to governmental activities are not recorded on the fund statements. Capital Outlay Capital Contributions Depreciation Expense 2,409,007 5,498,973 (4,723,036) Proceeds from capital asset dispositions produce current financial resources in the fund statements, while the net gain (loss) is recognized in the Statement of Activities. This is net book value of capital assets disposed. Revenues in the Statement of Activities that do not provide current financial resources are not reported as revenues in the funds. The issuance of long -term debt (e.g. bonds, leases) provides current financial resources to governmental funds, which the repayment of the principal of long -term debt consumes the current financial resources of governmental funds. Neither transaction, however, has any affect on net position. This amount is the net effect of these differences in the treatment of long -term debt and related items. Proceeds from the Issuance of Debt (245,000) Principal Repayments 3,918,008 Amortization of Premiums, Discounts, Losses (1,159) Governmental funds report required contributions to employee pensions as expenditures. However, in the Statement of Activities the cost of the pension is recorded based on the actuarially determined cost of the plan. This is the amount that actuarially determined pension expense exceeded contributions. Some expenses reported in the Statement of Activities do not require the use of current financial resources and, therefore, are not reported as expenditures in governmental funds: Compensated Absences (67,707) Net Other Postemployment Benefits (47,625) Accrued Interest (107,908) CHANGE IN NET POSITION - GOVERNMENTAL ACTIVITIES See accompanying notes to basic financial statements. 24 3,710,599 3,184,944 (95,740) 22,038 3,671,849 (53,280) (223,240) $ 10,217,170 CITY OF SCHERTZ, TEXAS STATEMENT OF NET POSITION - PROPRIETARY FUNDS SEPTEMBER 30, 2015 ASSETS Current Assets: Cash and Cash Equivalents Investments Accounts Receivable, Net of Allowance: Customer Accounts Due from Other Funds Accrued Interest Prepaid Expenses Inventory Total Current Assets Noncurrent Assets: Restricted Assets: Cash and Cash Equivalents Investments Capital Assets: Land Water Rights Buildings and Improvements Machinery, Equipment, and Vehicles Infrastructure Construction in Progress Less: Accumulated Depreciation Total Noncurrent Assets TOTAL ASSETS Business -Type Activities - Enterprise Funds Water and Sewer Schertz System EMS Total $ 1,216,648 $ - $ 1,216,648 4,192,991 - 4,192,991 2,305,445 1,246,835 3,552,280 385,413 - 385,413 5,863 - 5,863 350,000 1,950 351,950 47,754 159,756 207,510 8,504,114 1,408,541 9,912,655 2,162,967 - 2,162,967 12,526,310 883,132 13,409,442 1,354,138 - 1,354,138 70,245 - 70,245 4,653,501 6,500 4,660,001 2,804,323 1,666,319 4,470,642 82,119,240 - 82,119,240 2,964,135 - 2,964,135 (25,465,214) (1,153,979) (26,619,193) 83,189,645 1,401,972 84,591,617 91,693,759 2,810,513 94,504,272 Governmental Activities Internal Service Fund DEFERRED OUTFLOWS OF RESOURCES Deferred Loss on Refunding 127,870 - 127,870 - Deferred Pension Related Outflows 203,777 305,771 509,548 TOTAL DEFERRED OUTFLOWS $ 331,647 $ 305,771 $ 637,418 $ - See accompanying notes to basic financial statements. 25 CITY OF SCHERTZ, TEXAS STATEMENT OF NET POSITION - PROPRIETARY FUNDS (CONTINUED) SEPTEMBER 30, 2015 LIABILITIES Current Liabilities: Accounts Payable Accrued Liabilities Customer Deposits Accrued Interest Payable Due to Other Funds Unearned Revenue Current Portion of Compensated Absences Current Portion of Long -Term Debt Total Current Liabilities Noncurrent Liabilities: Compensated Absences Net Other Post - Employment Benefit Payable Net Pension Liability Long -Term Debt (Net of Current Portion) Total Noncurrent Liabilities TOTAL LIABILITIES DEFERRED INFLOWS OF RESOURCES Governmental Business -Type Activities - Enterprise Funds Activities Water 14,789 Internal and Sewer Schertz Service System EMS Total Fund 347,037 59,625,205 - Unrestricted, Deficit $ 1,768,983 $ 204,160 $ 1,973,143 $ - 45,490 104,606 150,096 - 522,596 - 522,596 - 65,462 2,582 68,044 - - 130,447 130,447 - 416,911 28 416,939 - 20,566 31,259 51,825 - 1,189,756 259,541 1,449,297 - 4,029,764 732,623 4,762,387 - 82,265 125,035 207,300 - 41,137 62,053 103,190 - 1,322,211 1,984,007 3,306,218 - 12,056,561 812,262 12,868,823 - 13,502,174 2,983,357 16,485,531 - 17,531,938 3,715,980 21,247,918 - Deferred Pension Related Inflows 9,856 14,789 24,645 - NET POSITION Net Investment in Capital Assets 59,278,168 347,037 59,625,205 - Unrestricted, Deficit 15,205,444 (961,522) 14,243,922 - TOTAL NET POSITION $ 74,483,612 $ (614,485) $ 73,869,127 $ - See accompanying notes to basic financial statements. 26 CITY OF SCHERTZ, TEXAS STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND NET POSITION PROPRIETARY FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2015 Business -Type Activities - Enterprise Funds Water and Sewer Schertz System EMS Total OPERATING REVENUES Governmental A ._a:_.:4.,_,. internai Service Fund Fees Charged to Users $ 20,676,850 $ 4,415,126 $ 25,091,976 $ - Charges for Premiums - - - 2,088,488 Other Charges 23,519 - 23,519 - TOTAL OPERATING REVENUES 20,700,369 4,415,126 25,115,495 2,088,488 OPERATING EXPENSES 2,566,864 Personnel Services 2,072,063 3,335,908 5,407,971 2,088,488 Contribution to Joint Ventures 1,378,081 - 1,378,081 - Water Purchase 2,982,781 - 2,982,781 - Garbage Contractor 3,883,243 - 3,883,243 - Sewage Treatment 3,104,722 - 3,104,722 - General and Administrative 2,075,569 528,276 2,603,845 - Contractual Services 135,617 123,299 258,916 - Supplies and Maintenance 284,521 480,386 764,907 - Depreciation 2,064,700 219,064 2,283,764 - TOTAL OPERATING EXPENSES 17,981,297 4,686,933 22,668,230 2,088,488 OPERATING INCOME (LOSS) NONOPERATING REVENUES (EXPENSES) Investment Earnings Lease Income Miscellaneous Interest Expense Amortization and Bond Issue Costs TOTAL NONOPERATING REVENUES (EXPENSES) INCOME BEFORE CONTRIBUTIONS AND TRANSFERS Transfers In (Out) Capital Contributions CHANGE IN NET POSITION NET POSITION AT BEGINNING OF YEAR 2,719,072 (271,807) 2,447,265 46,714 1,014 47,728 140,636 - 140,636 120,104 83,991 204,095 (428,912) (14,805) (443,717) (30,750) (17,788) (48,538) (152,208) 52,412 (99,796) 2,566,864 (219,395) 2,347,469 43,703 (1,468) 42,235 4,158,552 - 4,158,552 6,769,119 68,836,080 (220,863) 1,289,345 6,548,256 70,125,425 Prior Period Adjustment (1,121,587) (1,682,967) (2,804,554) - NET POSITION AT YEAR END, (Deficit) $ 74,483,612 $ (614,485) $ 73,869,127 $ - See accompanying notes to basic financial statements. 27 CITY OF SCHERTZ, TEXAS STATEMENT OF CASH FLOWS - PROPRIETARY FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2015 Cash Flows From Operating Activities: Cash Received From Customers and Users Cash Received from Interfund Services Cash Paid to Employees for Services Cash Paid to Supplier for Goods & Services Net Cash Provided (Used) by Operating Activities Cash Flows From Noncapital Financing Activities Cash Advances From/(To) Other Funds Net Cash Provided (Used) by Noncapital Financing Activities Cash Flows From Capital and Related Financing Activities: Acquisition and Construction of Capital Assets Interest Paid on Long -Term Debt Transfers from Other Funds for Projects Proceeds from Bonds Issued Bond Issuance Costs Paid Principal Paid on Long -Term Debt Net Cash Provided (Used) by Capital and Related Financing Activities Cash Flows From Investing Activities: Purchase of Investments Payments from Leases Interest and Investment Earnings Net Cash Provided (Used) by Investing Activities Net Increase (Decrease) in Cash and Cash Equivalents Cash and Cash Equivalents at Beginning of Year: Cash and Cash Equivalents Restricted Cash and Cash Equivalents Cash and Cash Equivalents at End of Year: Cash and Cash Equivalents Restricted Cash and Cash Equivalents (13,859,889) (1,306,111) (15,166,000) 5,846,920 24,025 5,870,945 547,837 110,660 658,497 547,837 110,660 658,497 (2,420,901) (154,746) (2,575,647) Governmental Business -Type Activities - Enterprise Funds Activities Water 980,000 900,000 Internal and Sewer Schertz (48,538) Service System EMS Total Fund $ 21,763,703 $ 4,636,702 $ 26,400,405 $ - - - - 2,088,488 (2,056,894) (3,306,566) (5,363,460) (2,088,488) (13,859,889) (1,306,111) (15,166,000) 5,846,920 24,025 5,870,945 547,837 110,660 658,497 547,837 110,660 658,497 (2,420,901) (154,746) (2,575,647) (427,092) (12,947) (440,039) 43,703 - 43,703 980,000 900,000 1,880,000 (30,750) (17,788) (48,538) (1,194,755) (261,207) (1,455,962) (3,049,795) 453,312 (2,596,483) (3,908,253) (883,132) (4,791,385) 140,636 - 140,636 43,965 1,014 44,979 (3,723,652) (882,118) (4,605,770) (378,690) (294,121) (672,811) 1,693,211 294,121 1,987,332 2,065,094 - 2,065,094 3,758,305 294,121 4,052,426 1,216,648 - 1,216,648 - 2,162,967 - 2,162,967 - $ 3,379,615 $ $ 3,379,615 $ See accompanying notes to basic financial statements. 28 CITY OF SCHERTZ, TEXAS STATEMENT OF CASH FLOWS - PROPRIETARY FUNDS (CONTINUED) FOR THE YEAR ENDED SEPTEMBER 30, 2015 Business -Type Activities - Enterprise Funds Water and Sewer Schertz System EMS Total Governmental Service Fund Reconciliation of Operating Income to Net Cash Provided (Used) by Operating Activities: Operating Income $ 2,719,072 $ (271,807) $ 2,447,265 $ - Revenues from Other Sources 120,104 83,991 204,095 - Adjustments to Reconcile Operating Income (Loss) to Net Cash Provided (Used) by Operating Activities: Depreciation 2,064,700 219,064 2,283,764 - Decrease (Increase) in Assets: Accounts Receivable (net) 796,188 137,557 933,745 - Prepaid Expenses (350,000) - (350,000) - Inventory (6,864) (76,463) (83,327) - Increase (Decrease) in Liabilities: Accounts Payable 341,509 (97,687) 243,822 - Accrued Liabilities (9,713) 1,969 (7,744) - Customer Deposits 35,782 - 35,782 - Unearned Revenue 111,260 28 111,288 - Compensated Absences 11,842 5,603 17,445 Net Pension Liability and Related Inflows /Outflows 6,703 10,058 16,761 Net Other Post - employment Benefit Payable 6,337 11,712 18,049 Net Cash Provided (Used) by Operating Activities $ 5,846,920 $ 24,025 $ 5,870,945 $ - Noncash Capital and Related Financing Transactions: Developer Contributions of Capital Assets $ 4,158,552 $ - $ - $ - See accompanying notes to basic financial statements. 29 NOTES TO BASIC FINANCIAL STATEMENTS E CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2015 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The City of Schertz is a municipal corporation governed by an elected mayor and five- member council. The financial statements of the City have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to government units. The Governmental Accounting Standards Board (GASB) is the accepted standard setting body for establishing governmental accounting and financial reporting principles. The more significant of the City's accounting policies are described below: A. Reporting Entity Component Units - As required by generally accepted accounting principles, these financial statements present the government and its component units, entities for which the government is considered to be financially accountable. Blended component units, although legally separate entities, are, in substance, part of the government's operations; thus, data from these units are be combined with data of the primary government. Discretely presented component units, on the other hand, are reported in a separate column in the government -wide financial statements to emphasize it is legally separate from the government. The City reports the following blended component units: Schertz Economic Development Corporation - The Corporation was organized for the purpose of promoting economic development in order to eliminate unemployment and underemployment and to promote and encourage employment and public welfare of, for, and on behalf of the City. The board of directors consists of seven (7) members appointed by the city council. The City is financially accountable for the Corporation because the city council approves the Corporation's budget. Complete financial statements for the Schertz Economic Development Corporation may be obtained from City Hall. 2. Parks and Recreation Foundation — The Corporation was organized to improve and expand the community parks, trails, venues, and recreational programs providing fun leisure and healthy activities. The Foundation's governing board is comprised of Schertz residents and employees of the City, the accounting records are maintained by the finance department, cash is held by the City and the City provides financing for the Foundation. In addition, the City includes the Foundation as part of the City budget process. The City and its citizens are the sole beneficiaries of the Foundation. Separate financials are not issued for the Parks and Recreation Foundation. Joint Ventures - A joint venture is a legally separate entity that results from a contractual arrangement and that is owned, operated, or governed by two or more participating governments. The following entities meet the criteria as joint ventures. Separate financial statements for these entities may be obtained at City Hall. Schertz /Seguin Local Government Corporation - is a public, nonprofit corporation organized to aid, assist, and act on behalf of the cities of Schertz and Seguin in acquiring, constructing, maintaining, and operating a water utility system. The participating governments have an ongoing financial responsibility to fund the operation of the corporation through either purchase of services or by subsidizing the operations. 2. Cibolo Valley Local Government Corporation — is a public, nonprofit corporation organized July 28, 2011 to aid, assist, and act on behalf of the cities of Cibolo, Converse and Schertz in acquiring, constructing, maintaining, and operating a water utility system. The participating governments have an ongoing financial responsibility to fund the operation of the corporation through either purchase of services or by subsidizing the operations. 31 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) 3. Cibolo Creek Municipal Authority (CCMA) — was created in 1971 and provides regional wastewater services to the area northeast of San Antonio. The City and CCMC entered into a joint project to develop a new treatment facility that will currently only serve the City. The project will have excess capacity to serve other users in the future. The City is solely responsible for funding the project until other users need capacity. B. Government -Wide and Fund Financial Statements The government -wide financial statements (i.e., the statement of net position and the statement of activities) report information on all of the activities of the primary government and its component units. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business -type activities, which rely to a significant extent on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges of customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Separate financial statements are provided for governmental funds and proprietary funds. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. C. Measurement Focus, Basis of Accounting, and Financial Statement Presentation The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon thereafter to pay liabilities of the current period. For this purpose, the City considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Nonexchange revenues that are measurable but not available are recorded as unavailable revenue (a deferred inflow of resources). These revenues are generally property taxes and warrants outstanding. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Exchange revenues (payments for services) received in advance of the service being provided are recorded as unearned revenue. 32 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) C. Measurement Focus, Basis of Accounting, and Financial Statement Presentation (Continued) The City reports the following major governmental funds: The General Fund is the City's primary operating fund which accounts for all financial resources of the general government, except those required to be accounted for in another fund. The Debt Service Fund accounts for the resources accumulated and payments made for principal and interest on long -term general obligation debt of governmental funds. The Capital Projects Fund accounts for financial resources to be used for the acquisition and construction of major capital facilities and is principally financed by the sale of bonds or certificates of obligation and grants. Economic Development Corporation collects sales taxes to support business development and expansion within the City. The government reports the following major proprietary funds: The Water and Sewer System Fund accounts for the water and sewer services provided to the citizens through user charges. The EMS Fund accounts for the emergency medical services provided to the citizens of the City and other participating governments through user charges. Internal Service Fund accounts for the City's group medical insurance program. As a general rule the effect of interfund activity has been eliminated from the government -wide financial statements. Exceptions to this are charges between the City's general government function and various other functions of the City. Eliminations of these charges would distort the direct costs and program revenues reported for the various functions concerned. Amounts reported as program revenues include 1) charges to customers or applications for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions. General revenues include all taxes and investment earnings. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the water and sewer enterprise fund and the EMS enterprise fund are charges to customers for sales and services. Operating expenses for enterprise funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. 33 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) C. Measurement Focus, Basis of Accounting, and Financial Statement Presentation (Continued) When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted resources first, then unrestricted resources as they are needed. D. Cash and Cash Equivalents The City's cash and cash equivalents are considered to be cash on hand and demand deposits. Cash is reported as restricted when it has restrictions on its use narrower than the purpose of the fund in which it is reported. This can result in differences in presentation between fund statements and government -wide statements. E. Investments The City is authorized to invest in (1) obligations of the United States or its agencies and instrumentalities; (2) direct obligations of the State of Texas or its agencies; (3) other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State of Texas of the United States; (4) obligations of states, agencies, counties, cities, and other political subdivisions of any state having been rated of not less than "AA" or its equivalent; (5) certificates of deposit issued by state and national banks domiciled in Texas that are guaranteed or insured by the Federal Deposit Insurance Corporation (FDIC) or its successor, or secured by obligations mentioned above; and (6) fully collateralized direct repurchase agreements having a defined termination date. In addition, the City is authorized to invest in local government investment pools. The investment pools operate in accordance with appropriate state laws and regulations and have regulatory oversight from the Texas Public Funds Investment Act Sec. 2256.0016. The fair value of the City's position in each pool is the same as the fair value of the pool shares. F. Receivables and Payables Activities between the funds that are representative of interfund loans outstanding at the end of the fiscal year are referred to as due to /from other funds. Any residual balances outstanding between the governmental activities and business -type activities are reported in the government -wide financial statements as "internal balances ". Accounts receivable are reported net of allowances for uncollectible accounts. The allowance account represents management's estimate of uncollectible accounts based upon experience and historical trends. Property taxes for the City are levied each October 1 on the taxable value as of the preceding January 1, the date a lien attaches, for all taxable real and personal property located in the City. Taxes are due by January 31 following the October 1 assessment date and become delinquent on February 1, at which time they begin accruing penalty and interest. The enforceable legal claim date for property taxes is the assessment date; therefore, the City did not record a receivable for accrual of future taxes at year end. Accordingly, no current taxes receivable are reported. Delinquent taxes have been reported in the financial statements net of the allowance for uncollectible taxes. Tax revenues are recognized as they become available. Accordingly, an amount equal to taxes not yet available has been reported as unavailable revenue (a deferred inflow of resources) at the government fund level. 34 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) G. Inventories All inventories are valued at cost using the first- in/first -out (FIFO) method. Inventories of governmental funds are recorded as expenditures when consumed rather than when purchased. H. Restricted Assets Certain proceeds from bonds, resources set aside for their repayment, and other restrictive agreements are classified as restricted assets on the balance sheet because they are maintained in separate bank accounts and their use is limited by applicable bond covenants and/or contractual arrangements. I. Capital Assets Capital assets, which include land, buildings and improvements, machinery, equipment, vehicles, and infrastructure assets (i.e., roads, bridges, sidewalks, and similar items), are reported in the applicable governmental or business -type activities columns in the government -wide financial statements. Capital assets are defined by the City as assets with an initial, individual cost of more than $5,000 and an estimated useful life in excess of one year. When capital assets are purchased, they are capitalized and depreciated in the government -wide financial statements and the proprietary fund statements. Capital assets are recorded as expenditures of the current period in the governmental fund financial statements. Capital assets are valued at cost where historical records are available and at an estimated cost where no records exist. Donated capital assets are valued at their estimated fair market value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. Improvements to capital assets that materially extend the life of the asset or add to the value are capitalized. Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest incurred during construction will not be capitalized in the governmental activities on the government -wide financial statements; however capitalization of interest is required for business -type activities. There was no capitalized interest during the current fiscal year. Capital assets are depreciated over their useful lives on a straight -line basis as follows: Useful Lives Assets (Years) Buildings and Improvements 10-50 Machinery, Equipment, and Vehicles 2-20 Infrastructure 15-30 J. Deferred Inflows /Outflows of Resources A deferred outflow of resources is a consumption of net position by the government that is applicable to a future reporting period while a deferred inflow of resources is an acquisition of net position. These items are presented in separate sections following assets (deferred outflows) or liabilities (deferred inflows) on the statement of net position. 35 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) K. Compensated Absences It is the City's policy to permit employees to accumulate earned but unused vacation and compensatory time benefits. There is no liability for unpaid accumulated sick leave since the City does not have a policy to pay any amounts when employees separate from service with the City. All vacation and compensatory time pay is accrued when incurred in the government -wide and proprietary fund financial statements. A liability for these amounts is reported in governmental funds only if they have matured, for example, as a result of employee resignations and retirements. L. Pensions The net pension liability, deferred inflows, and outflows of resources related to pensions, and pension expense, information about the fiduciary net position of the Texas Municipal Retirement System (TMRS), and additions to and deductions from TMRS's fiduciary net position have been determined on the same basis as they are reported by TMRS. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. M. Long -Term Obligations In the government -wide financial statements, and proprietary fund types in the fund financial statements, long -term debt and other long -term obligations are reported as liabilities in the applicable governmental activities, business -type activities, or proprietary fund type statement of net position. Bond premiums, discounts, and losses on defeasance are amortized over the life of the bonds using the effective interest method. Bonds payable are reported net of the applicable bond premium or discount. Losses on defeasance are reported as deferred outflows of resources. Bond issuance costs are expensed as incurred. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. N. Fund Equity Fund balances in governmental funds are classified as follows: Nonspendable — Represents amounts that cannot be spent because they are either not in spendable form (such as inventory or prepaid items) or legally required to remain intact. Restricted — Represents amounts that are constrained by external parties, constitutional provisions or enabling legislation. o7 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) N. Fund Equity (Continuted) Committed — Represents amounts that can only be used for a specific purpose because of a formal action by the government's highest level of decision making authority: an ordinance adopted by City Council prior to the end of the fiscal year. Once adopted, the limitation imposed by the ordinance remains in place until a similar action is taken (the adoption of another ordinance) to remove or revise the limitation. Assigned — Represents amounts which the City intends to use for a specific purpose but do not meet the criteria of restricted or committed. The City Council may make assignments through formal documentation in the minutes. The City Council authorized (by way of policy) the City Manager to also make assignments. The City Manager's assignments do not require formal action; however, the City Manager has not assigned any funds at this time. Unassigned — Represents the residual balance that may be spent on any other purpose of the City. When an expenditure is incurred for a purpose in which multiple classifications are available, the City considers restricted balances spent first, committed second, and assigned third. O. Net Position Net position represents the difference between assets plus deferred outflows of resources less liabilities and deferred inflows of resources. Net investment in capital assets consists of capital assets, net of accumulated depreciation, reduced by the outstanding balances of any borrowing used for the acquisition, construction or improvements of those assets, and adding back unspent proceeds. Net assets are reported as restricted when there are limitations imposed by creditors, grantors, or laws or regulations of other governments. P. Estimates The preparation of financial statements, in conformity with generally accepted accounting principles, requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent liabilities at the date of the financial statements and the reported amounts of revenue and expenses during the reporting period. Actual amounts could differ from those estimates. Q. Bu . etary Information Annual budgets are adopted on a basis consistent with generally accepted accounting principles for all governmental funds except the library grant special revenue fund, police department forfeiture special revenue fund and the capital projects fund, which adopts project - length budgets. R. Reclassifications Certain reclassifications have been made in the presentation of the September 30, 2015 financial statements. All comparative information for prior periods has been reclassified to match the new presentation. The changes in presentation had no impact on the changes in net position or fund balance. 37 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) S. Adoption of Governmental Accounting Standards Board Statement For the year ending October 31, 2015, the City implemented GASB Statement No. 68 related to accounting for pensions. The new standard requires the City's net pension liability and related deferred inflows and outflows of resources to be recognized on the City's government -wide statements. This change required a prior period adjustment to restate prior years in accordance with the change in accounting principle. The prior period adjustment recorded represents the net pension liability at September 30, 2014. NOTE 2 - CASH, CASH EQUIVALENTS AND INVESTMENTS The City's operating deposits are held at one institution. The institution provides a combination of pledged collateral and FDIC insurance to completely collateralize the City's deposits. As of September 30, 2015, the City had the following pooled investment funds: Investment Type LOGIC Lone Star Investment Pool Texas CLASS Schertz Bank & Trust - Certificate of Deposit Capital One - U.S. Agency Securities Total Interest Rate Risk. As a means of limiting its exposure to fair value losses arising from rising interest rates, the City's investment policy limits the City's investment portfolio to highly liquid investments to meet unanticipated cash requirements, and/or to redeploy cash into other investments expected to outperform current holdings. Credit Risk. State law limits investments in certificates of deposit to guaranteed or insured by the Federal Deposit Insurance Corporation, or its successor or the National Credit Union Share Insurance Fund, or its successor and investment pools continuously rated no lower than AAA or an equivalent rating by at least one nationally recognized rating service. The City's investment policy does not further limit its investment choices. As of September 30, 2015, the City's investments in the pooled investment funds were rated AAAm by Standard & Poor's. The City has also invested in debt securities provided by the Federal Home Loan Bank, Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Farm Credit Banks, and U.S Treasury Notes. Custodial Credit Risk - Deposits. In the case of deposits, this is the risk that in the event of a bank failure, the government's deposits may not be returned. As of September 30, 2015, the City's cash and cash equivalents (including certificates of deposit, and component unit holdings) were fully collateralized by the City's depository by a combination of pledged collateral and FDIC insurance. All collateral is held in the City's name. 38 Weighted Average Book Fair Maturity Value Value in Days $ 8,453,161 $ 8,453,161 46 19,940,418 19,940,418 38 12,183,688 12,183,688 62 2,117,713 2,117,713 85 3,097,092 3,097,092 692 $ 45,792,072 $ 45,792,072 92 Interest Rate Risk. As a means of limiting its exposure to fair value losses arising from rising interest rates, the City's investment policy limits the City's investment portfolio to highly liquid investments to meet unanticipated cash requirements, and/or to redeploy cash into other investments expected to outperform current holdings. Credit Risk. State law limits investments in certificates of deposit to guaranteed or insured by the Federal Deposit Insurance Corporation, or its successor or the National Credit Union Share Insurance Fund, or its successor and investment pools continuously rated no lower than AAA or an equivalent rating by at least one nationally recognized rating service. The City's investment policy does not further limit its investment choices. As of September 30, 2015, the City's investments in the pooled investment funds were rated AAAm by Standard & Poor's. The City has also invested in debt securities provided by the Federal Home Loan Bank, Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Farm Credit Banks, and U.S Treasury Notes. Custodial Credit Risk - Deposits. In the case of deposits, this is the risk that in the event of a bank failure, the government's deposits may not be returned. As of September 30, 2015, the City's cash and cash equivalents (including certificates of deposit, and component unit holdings) were fully collateralized by the City's depository by a combination of pledged collateral and FDIC insurance. All collateral is held in the City's name. 38 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 2 - CASH, CASH EQUIVALENTS AND INVESTMENTS (Continued) Custodial Credit Risk - Investments. For an investment, this is the risk that, in the event of the failure of the counterparty, the government will not be able to recover the value of its investment or collateral securities that are in the possession of an outside party. All of the government securities owned by the City are held by its agent in the City's name. NOTE 3 - PROPERTY TAX Taxes are levied on and payable as of October 1. The City has contracted with the Guadalupe County Tax Assessor - Collector to collect taxes on its behalf. Current taxes become delinquent February 1. Current year delinquent taxes not paid by July 1 are turned over to attorneys for collection action. The total taxable value as of October 1, 2014, upon which the fiscal 2015 levy was based, was $3,037,267,611 (i.e., market value less exemptions). The estimated market value was $3,497,539,072, making the taxable value 89% of the estimated market value. The City is permitted by the Constitution of the State of Texas to levy taxes up to $2.50 per $100 of taxable assessed valuation for all governmental purposes. Pursuant to a decision of the Attorney General of the State of Texas, up to $1.50 per $100 of assessed valuation may be used for the payment of long -term debt. The combined tax rate to finance general governmental services, including the payment of principal and interest on long -term debt for the year ended September 30, 2015, was $0.4974 per $100 of assessed value, which means that the City has a tax margin of $2.0026 for each $100 value and could increase its annual tax levy by approximately $60,824,321 based upon the present assessed valuation before the limit is reached. However, the City may not adopt a tax rate that exceeds the tax rate calculated in accordance with the Texas Property Tax Code without holding a public hearing. The Property Tax Code subjects an increase in the effective tax rate to a referendum election, if petitioned by registered voters, when the effective tax rate increase is more than eight percent (8 %) of the previous year's effective tax rate. Property taxes are recorded as receivables and unearned revenues at the time the taxes are assessed. In governmental funds, revenues are recognized as the related ad valorem taxes are collected. Additional amounts estimated to be collectible in the time to be a resource for payment of obligations incurred during the fiscal year and therefore susceptible to accrual in accordance with generally accepted accounting principles have been recognized as revenue. In the government -wide financial statements, the entire levy is recognized as revenue, net of estimated uncollectible amounts (if any), at the levy date. 39 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 4 - RECEIVABLES Receivables as September 30, 2015 for the government's individual major funds and nonmajor funds in the aggregate, including the applicable allowances for uncollectible accounts, are as follows: Governmental Funds Proprietary Funds Capital Economic Debt Nonmajor Water and Schertz General Projects Development Service Funds Sewer Fund EMS Receivables: Property Taxes $ 111,704 $ $ - $ 62,968 $ - $ $ Sales Taxes 1,223,737 611,869 - - Occupancy Taxes - - - 39,195 Franchise Taxes 532,231 - - Customers 91,265 - - 2,380,240 17,068,409 Court Fines 4,809,444 - - - - Grants - 5,011 - - - Other - - 1,983 - 550 24,178 Gross Receivables 6,768,381 5,011 613,852 62,968 39,745 2,380,240 17,092,587 Less: Allowance for Uncollectibles 2,858,702 3,778 - 74,795 15,845,752 Net Total Receivables $ 3,909,679 $ 5,011 $ 613,852 $ 59,190 $ 39,745 $ 2,305,445 $ 1,246,835 Governmental funds report unavailable revenue in connection with receivables for revenue that is not considered to be available to liquidate liabilities of the current period. Governmental funds also defer revenue recognition in connection with resources that have been received, but not yet earned. At the end of the current fiscal year, the various components of unearned/ unavailable revenue and unavailable revenue reported in the governmental funds were as follows: Unavailable General Fund Delinquent Property Taxes Receivable $ 105,001 Court Fines 1,957,444 Total General Fund 2,062,445 Debt Service Fund Delinquent Property Taxes Receivable 59,190 Total Debt Service Fund 59,190 Total Governmental Funds $ 2,121,635 NOTE 5 - INTERFUND BALANCES AND TRANSFERS The composition of interfund balances as of September 30, 2015 is as follows: Due From Due To EMS Water & Sewer General Fund Water & Sewer Capital Projects Water & Sewer General Fund Water & Sewer Amount Purpose $ 130,447 Structured loan between funds 138,926 Property tax collections for TIRZ 909 Grant Project 115,131 Allocated to Capital Projects 40 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 5 - INTERFUND BALANCES AND TRANSFERS (Continued) The following schedule briefly summarizes the City's transfer activity for the year ending September 30, 2015: Transfer From General Nonmajor Governmental Economic Development General Nonmajor Governmental Capital Projects EMS Water Transfer To Amount Purpose Nonmajor Governmental 9,285 Supplement historical committee Nonmajor Governmental 43,500 Hotel tax support of parks and recreation Debt Service 367,188 Pledge in support of debt service Capital Projects 535,988 Supplement capital projects funding Capital Projects 33,159 Supplement capital projects funding Water & Sewer 45,537 Supplement water capital projects funding General 1,468 Special Events General 1,834 Special Events NOTE 6 - CAPITAL ASSETS Capital asset activity for the year ended September 30, 2015 was as follows: Governmental Activities: Capital Assets, Not Being Depreciated: Land Construction in Progress Total Capital Assets Not Being Depreciated Capital Assets, Being Depreciated: Buildings and Improvements Machinery, Equipment, and Vehicles Streets and Infrastructure Total Capital Assets Being Depreciated Accumulated Depreciation: Buildings and Improvements Machinery, Equipment, and Vehicles Streets and Infrastructure Total Accumulated Depreciation Total Capital Assets Being Depreciated, Net Governmental Activities Capital Assets, Net Beginning Ending Balance Increases Deletions Transfers Balance $ 7,445,117 $ 53,991 $ $ $ 7,499,108 4,995,655 1,614,840 (730,370) 5,880,125 12,440,772 1,668,831 (730,370) 13,379,233 39,116,202 172,485 19,308 39,307,995 8,162,722 567,691 (487,822) 164,784 8,407,375 87,983,067 5,498,973 620,473 94,102,513 135,261,991 6,239,149 (487,822) 804,565 141,817,883 (8,520,615) (1,116,475) - - (9,637,090) (4,504,912) (698,674) 392,082 (74,195) (4,885,699) (23,127,169) (2,907,887) - (26,035,056) (36,152,696) (4,723,036) 392,082 (74,195) (40,557,845) 99,109,295 1,516,113 (95,740) 730,370 101,260,038 $ 111,550,067 $ 3,184,944 $ (95,740) $ $ 114,639,271 41 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 6 - CAPITAL ASSETS (Continued) Capital asset activity for the year ended September 30, 2015 was as follows: Business -Type Activities: Capital Assets, Not Being Depreciated: Land Water Rights Construction in Progress Total Assets Not Being Depreciated Capital Assets, Being Depreciated: Buildings and Improvements Machinery, Equipment, and Vehicles Infrastructure Total Capital Assets Being Depreciated Accumulated Depreciation: Buildings and Improvements Machinery, Equipment, and Vehicles Infrastructure Total Accumulated Depreciation Total Capital Assets Being Depreciated, Net Business -Type Activities Capital Assets, Net Beginning Balance Increases $ 1,267,852 $ 86,286 70,245 - 1,651,694 1,312,441 2,989,791 1,398,727 Ending Deletions Transfers Balance $ $ $ 1,354,138 70,245 2,964,135 4,388,518 4,660,001 - - 4,660,001 3,640,274 1,217,217 (287,834) (99,015) 4,470,642 77,985,687 4,133,553 82,119,240 86,285,962 5,350,770 (287,834) (99,015) 91,249,883 (1,704,915) (260,871) - - (1,965,786) (2,308,510) (420,317) 287,834 99,015 (2,341,978) (20,708,853) (1,602,576) - - (22,311,429) (24,722,278) (2,283,764) 287,834 99,015 (26,619,193) 61,563,684 3,067,006 64,630,690 $ 64,553,475 $ 4,465,733 $ - $ $ 69,019,208 Depreciation expense was charged to functions /programs of the primary government as follows: Governmental Activities: General Government Public Safety Public Environment Parks and Recreation Cultural Health Administration Total Depreciation Expense - Governmental Activities Business -Type Activities: Water and Sewer System EMS Total Depreciation Expense - Business Type Activities 42 $ 662,849 579,941 2,916,280 423,201 59,933 65,315 15,517 $ 4,723,036 $ 2,064,700 219,064 $ 2,283,764 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 7 - OPERATING LEASE The City has agreements with several telecommunication companies to place cellular towers on City water towers. The following schedule represents the future minimum lease payments. Fiscal Year Ending September 30, Total 2016 $ 220,285 2017 229,096 2018 238,260 2019 250,173 2020 262,681 $ 1,200,495 NOTE 8 - CAPITAL LEASE In 2014, the City entered into two lease agreements qualifying as capital leases for accounting purposes based on a bargain purchase option. Therefore, capital assets and a related capital lease obligation has been recorded at the present value of the future minimum lease payments at the inception date. The assets acquired through capital lease are reported in capital assets with the following accumulated depreciation at September 30, 2015: Assets: Equipment Less Accumulated Depreciation Total Future minimum lease payments are as follows: Year Ending September 30, 2016 2017 2018 2019 Total Payments Less: Amount Representing Interest Present Value of Minimum Lease Payments NOTE 9 - LONG TERM DEBT Governmental Business -type Activities Activities $ 133,715 (13,372) $ 120,343 Governmental Activities $ 36,230 36,230 24,153 96,613 (5,118) $ 91,495 $ 347,705 (136,911) $ 210,794 Business -type Activities $ 69,541 69,541 69,541 23,180 231,803 $ 231,803 The City issues a variety of long -term debt instruments in order to acquire and/or construct major capital facilities and equipment for governmental activities. These instruments include general obligation bonds, certificates of obligation, and capital leases. These debt obligations are secured by primarily future property tax revenues. In some cases, these bonds are also secured by a pledge of net revenues from the utility system, emergency medical services and economic development sales taxes. However, the amount of the formal pledge is generally limited to $1,000. 43 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 9 - LONG -TERM DEBT (Continued) A summary of the terms of general obligation bonds and combination of tax and revenue certificates of obligation outstanding at September 30, 2015, follows: Issue Amount Primary Government Rate General Obligation Bonds 2006 Series $ 15,000,000 2007 Series 6,000,000 2008 Series 9,900,000 2009 Series 9,500,000 2010 Series, Refunding 2,865,000 2011 Series 8,250,000 2011A Series, Refunding 6,745,000 2012 Series 7,625,000 2014 Series, Refunding 8,450,000 Tax Notes 2.33% 2010 Notes 1,270,000 2013 Notes 835,000 2013A Notes 800,000 2015 Notes 245,000 Certificates of Obligation - 2007 Series CIB 2 438,900 2007 Series CIB 4 569,500 2007 Series CIB 5 1,300,000 Total Governmental Long -Term Obligations 44 Maturity Rate Balance 2031 4.0%-5.25% $ 4,530,000 2027 4.07% 4,040,000 2028 4.13% 7,410,000 2033 2.0%-5.50% 6,555,000 2021 2.0%-4.0% 1,775,000 2036 3.0%-6.0% 7,530,000 2024 2.33% 5,310,000 2032 2.00% 6,750,000 2030 2.0 % -4.0% 8,400,000 2015 1.2%-2.55% - 2018 0.7%-1.7% 510,000 2018 1.30% 485,000 2021 1.75% 215,000 2016 4.01% 52,800 2016 4.01% 70,001 2016 4.01% 155,000 $ 53,787,801 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 9 - LONG -TERM DEBT (Continued) Business -Type Activities General Obligation Refunding Bonds Issue Amount Maturity Rate Balance Primary Government (Continued) 6,533 - (969) 5,564 969 General Obligation Bonds 9,436,066 - (598,866) 8,837,200 617,200 2011 Series, Refunding $ 2,675,000 2021 2.0%-3.0% $ 1,530,000 2013 Series, Refunding 2,130,000 2025 2.58% 1,955,000 Certificates of Obligation 301,344 - (69,541) 231,803 69,541 2007 Series CIB 1 6,600,000 2026 4.01% 4,275,000 2007 Series CIB 2 226,100 2016 4.01% 27,200 2007 Series CIB 4 280,500 2016 4.01% 35,000 2013 Series 4,965,000 2033 2.0 % -4.0% 4,500,000 Tax Notes 2015 Notes 1,880,000 2021 1.75% 1,640,000 Total Business -Type Long -Term Obligations $ 13,962,200 Changes in long -term debt for the year ending September 30, 2015 are as follows: Balance Balance Due Within 9/30/2014 Additions Reductions 9/30/2015 One Year Governmental Activities: General Obligation Bonds $ 38,890,000 $ - $ (2,075,000) $ 36,815,000 $ 2,180,000 Unamortized Premium 463,270 - (24,232) 439,038 24,232 General Obligation Refunding Bonds 16,410,000 - (925,000) 15,485,000 980,000 Unamortized Premium 724,163 - (53,073) 671,090 53,073 Certificates of Obligation 543,934 - (271,133) 277,801 277,800 Tax Notes 1,585,000 245,000 (620,000) 1,210,000 365,000 Capital Lease 123,370 - (31,875) 91,495 33,174 Compensated Absences 866,799 237,621 (171,914) 932,506 186,901 Total Governmental Activities $ 59,606,536 $ 482,621 $ (4,172,227) $ 55,921,930 $ 4,100,180 Business -Type Activities General Obligation Refunding Bonds $ 3,960,000 $ - $ (475,000) $ 3,485,000 $ 475,000 Unamortized Premium 6,533 - (969) 5,564 969 Certificates of Obligation 9,436,066 - (598,866) 8,837,200 617,200 Unamortized Premium 125,140 - (6,587) 118,553 6,587 Tax Notes 65,000 1,880,000 (305,000) 1,640,000 280,000 Capital Lease 301,344 - (69,541) 231,803 69,541 Compensated Absences Payable 241,680 62,699 (45,254) 259,125 51,825 Total Business- Type Activities $ 14,135,763 $ 1,942,699 $ (1,501,217) $ 14,577,245 $ 1,501,122 45 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 9 - LONG -TERM DEBT (Continued) Annual debt service requirements of bonded debt as of September 30, 2015, are as follows: NOTE 10 - RETIREMENT PLAN Plan Description The City participates as one of 860 plans in the nontraditional, joint contributory, hybrid defined benefit pension plan administered by the Texas Municipal Retirement System (TMRS). TMRS is an agency created by the state of Texas and administered in accordance with the TMRS Act, Subtitle G, Title 8, Texas Government Code (the TMRS Act) as an agent multiple - employer retirement system for municipal employees in the State of Texas. The TMRS Act places the general administration and management of the system with a six - member Board of Trustees. Although the Governor, with the advice and consent of the Senate, appoints the Board, TMRS is not fiscally dependent on the State of Texas. TMRS issues a publicly available comprehensive annual financial report (CAFR) that can be obtained at www.tmrs.com. All eligible employees of the City are required to participate in TMRS retirement system 46 Governmental Activities September 30, Principal Interest Total 2016 $ 3,647,800 $ 1,950,750 $ 5,598,550 2017 3,795,001 1,833,836 5,628,837 2018 3,755,000 1,714,671 5,469,671 2019 3,180,000 1,599,183 4,779,183 2020 3,305,000 1,484,330 4,789,330 2021 -2025 15,890,000 5,673,836 21,563,836 2026 -2030 13,505,000 2,899,241 16,404,241 2031 -2035 6,155,000 643,206 6,798,206 2036 -2037 555,000 13,875 568,875 Total $ 53,787,801 $ 17,812,928 $ 71,600,729 Business -Type Activities September 30, Principal Interest Total 2016 $ 1,372,200 $ 421,827 $ 1,794,027 2017 1,485,000 385,036 1,870,036 2018 1,435,000 348,296 1,783,296 2019 1,475,000 311,233 1,786,233 2020 1,510,000 271,502 1,781,502 2021 -2025 4,590,000 824,031 5,414,031 2026 -2030 1,425,000 250,910 1,675,910 2031 -2035 670,000 40,800 710,800 Total $ 13,962.200 $ 2,853,635 $ 16,815,835 NOTE 10 - RETIREMENT PLAN Plan Description The City participates as one of 860 plans in the nontraditional, joint contributory, hybrid defined benefit pension plan administered by the Texas Municipal Retirement System (TMRS). TMRS is an agency created by the state of Texas and administered in accordance with the TMRS Act, Subtitle G, Title 8, Texas Government Code (the TMRS Act) as an agent multiple - employer retirement system for municipal employees in the State of Texas. The TMRS Act places the general administration and management of the system with a six - member Board of Trustees. Although the Governor, with the advice and consent of the Senate, appoints the Board, TMRS is not fiscally dependent on the State of Texas. TMRS issues a publicly available comprehensive annual financial report (CAFR) that can be obtained at www.tmrs.com. All eligible employees of the City are required to participate in TMRS retirement system 46 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 10 - RETIREMENT PLAN (Continued) Texas Municipal Retirement System (Continued) Benefits Provided TMRS provides retirement, disability, and death benefits. Benefit provisions are adopted by the governing body of the City, within the options available in the state statutes governing TMRS. At retirement, the benefit is calculated as if the sum of the employee's contributions, with interest, and the City- financed monetary credits with interest were used to purchase an annuity. Members may choose to receive their retirement benefit in one of seven payment options. Members may also choose to receive a portion of their benefit as a Partial Lump Sum Distribution in an amount equal to 12, 24, or 36 monthly payments, which cannot exceed 75% of the member's deposits and interest. At the December 31, 2014 valuation and measurement date, the following employees were covered by the benefit terms: Inactive Employees or Beneficiaries Currently Receiving Benefits Inactive Employees Entitled to but Not Yet Receiving Benefits Active employees Contributions 2013 2014 58 67 124 133 306 302 488 502 The contribution rates for employees in TMRS are either 5 %, 6 %, or 7% of employee gross earnings, and the City matching percentages are either 100 %, 150 %, or 200 %, both as adopted by the governing body of the City. Under the state law governing TMRS, the contribution rate for each city is determined annually by the actuary, using the Entry Age Normal (EAN) actuarial cost method. The actuarially determined rate is the estimated amount necessary to finance the cost of benefits earned by employees during the year, with an additional amount to finance any unfunded accrued liability. For the year ending September 30, 2015, employees for the City were required to contribute 7% of their annual gross earnings during the fiscal year. The contribution rates for the City were 10.72% and 11.08% in calendar years 2014 and 2015, respectively. The City's contributions to TMRS for the year ended September 30, 2015 were $2,487,856. Net Pension Liability The City's Net Pension Liability (NPL) was measured as of December 31, 2014, and the Total Pension Liability (TPL) used to calculate the Net Pension Liability was determined by an actuarial valuation as of that date. 47 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 10 - RETIREMENT PLAN (Continued) Texas Municipal Retirement System (Continued) Actuarial Assumptions The Total Pension Liability in the December 31, 2014 actuarial valuation was determined using the following actuarial assumptions: Inflation 3.00% per year Overall Payroll Growth 3.5% to 12% per year Investment Rate of Return* 7.00% * Presented net of pension plan investment expense, including inflation Salary increases were based on a service- related table. Mortality rates for active members, retirees, and beneficiaries were based on the gender - distinct RP2000 Combined Health Mortality Table, with male rates multiplied by 109% and female rates multiplied by 103 %. The rates are projected on a fully generational basis by scale BB to account for future mortality improvements. For disabled annuitants, the gender- distinct RP2000 Disabled Retiree Mortality Table is used with slight adjustments. Actuarial assumptions used in the December 31, 2014 valuation were based on the results of actuarial experience studies. The experience study in TMRS was for the period January 1, 2006 through December 31, 2009, first used in the December 31, 2010 valuation. Healthy post- retirement mortality rates and annuity purchase rates were updated based on a Mortality Experience Investigation Study covering 2009 through 2011, and dated December 31, 2013. These assumptions were first used in the December 31, 2013 valuation, along with a change to the Entry Age Normal (EAN) actuarial cost method. Assumptions are reviewed annually. No additional changes were made for the 2014 valuation. The long -term expected rate of return on pension plan investments is 7.0 %. The pension plan's policy in regard to the allocation of invested assets is established and may be amended by the TMRS Board of Trustees. Plan assets are managed on a total return basis with an emphasis on both capital appreciation as well as the production of income, in order to satisfy the short-term and long -term funding needs of TMRS. The long -term expected rate of return on pension plan investments was determined using a building -block method in which best estimate ranges of expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. These ranges are combined to produce the long -term expected rate of return by weighting the expected future rates of return by the target asset allocation percentage and by adding the expected inflation. 48 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 10 - RETIREMENT PLAN (Continued) Texas Municipal Retirement System (Continued) Actuarial Assumptions (Continued) The target allocation and best estimates of arithmetic real rates of return for each major asset class are summarized in the following table: Asset Class Domestic Equity International Equity Core Fixed Income Non -Core Fixed Income Real Return Real Estate Absolute Return Private Equity Discount Rate Target Allocation 17.50% 17.50% 30.00% 10.00% 5.00% 10.00% 5.00% 5.00% 100.00% Long -Term Expected Real Rate of Return (Arithmetic) 4.80% 6.05% 1.50% 3.50% 1.75% 5.25% 4.25% 8.50% The discount rate used to measure the Total Pension Liability was 7 %. The projection of cash flows used to determine the discount rate assumed that employee and employer contributions will be made at the rates specified in statute. Based on that assumption, the pension plan's Fiduciary Net Position was projected to be available to make all projected future benefit payments of current active and inactive employees. Therefore, the long -term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the Total Pension Liability. 49 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 10 - RETIREMENT PLAN (Continued) Texas Municipal Retirement System (Continued) Changes in the Net Pension Liability The below schedule presents the changes in the Net Pension Liability as of December 31, 2014: Balance at December 31, 2013 Changes for the year: Service Cost Interest Change of Benefit Terms Difference Between Expected and Actual Experience Changes of Assumptions Contributions - Employer Contributions - Employee Net Investment Income Benefit Payments, Including Refunds of Employee Contributions Administrative Expense Other Changes Net Changes Balance at December 31, 2014 Total Pension Plan Fiduciary Net Pension Liability Net Position Liability $ 45,615,815 $ 32,179,518 $ 13,436,297 2,558,743 - 2,558,743 3,245,266 - 3,245,266 (122,286) - (122,286) 2,403,929 (2,403,929) 1,077,097 (1,077,097) 1,841,586 (1,841,586) (1,068,487) (1,068,487) - (19,219) 19,219 - (1,580) 1,580 4,613,236 4,233,326 379,910 $ 50,229,051 $ 36,412,844 $ 13,816,207 Plan Fiduciary Net Position as a Percentage of Total Pension Liability Covered Employee Payroll $ Net Pension Liability as a Percentage of Covered Payroll 2013 2014 70.54% 72.49% 14,356,845 $ 15,389,154 93.59% 89.48% The following presents the net pension liability of the City, calculated using the discount rate of 7.0 %, as well as what the City's net pension liability would be if it were calculated using a discount rate that is 1- percentage point lower (6.0 %) or 1- percentage point higher (8.0 %) than the current rate: Net Pension Liability Discount Rate 6% $ 22,622,838 50 Discount Rate Discount Rate 7% 8% $ 13,816,207 $ 6,726,407 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 10 - RETIREMENT PLAN (Continued) Texas Municipal Retirement System Continued) Pension Plan Fiduciary Net Position Detailed information about the pension plan's Fiduciary Net Position is available in a separately- issued TMRS financial report. That report may be obtained on the Internet at www.tmrs.com. Pension Expense and Deferred Outflows/Inflows of Resources Related to Pensions For the year ended September 30, 2015, the City recognized pension expense of $2,523,069. Also as of September 30, 2015, the City reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Differences between Expected and Actual Economic Experience Changes in Actuarial Assumptions Differences Between Projected and Actual Investment Earnings Contributions Subsequent to the Measurement Date Deferred Outflows of Resources 328,784 Deferred Inflows of Resources 102,986 1,800,543 - $ 2,129,327 $ 102,986 Deferred outflows of resources in the amount of $1,800,543 is related to pensions resulting from contributions subsequent to the measurement date, and will be recognized as a reduction of the net pension liability for the plan year ending December 31, 2015. Other amounts reported as deferred outflows and inflows of resources related to pensions will be recognized in pension expense as follows: For the Year ended December 31, 2015 $ 62,986 2016 62,986 2017 62,986 2018 62,986 2019 (19,300) Thereafter (6,846) $ 225,798 C. Other Post - Employment Benefits The City also participates in the cost sharing multiple - employer defined benefit group -term life insurance plan operated by TMRS known as Supplemental Death Benefits Fund (SDBF). The City elected, by ordinance, to provide group -term life insurance coverage to both current and retired employees. The City may terminate coverage under and discontinue participation in the SDBF by adopting an ordinance before November 1 of any year to be effective the following January 1. 51 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 10 - RETIREMENT PLAN (Continued) C. Other Post - Employment Benefits (Continued) The death benefit for active employees provides a lump -sum payment approximately equal to the employee's annual salary (calculated based on the employee's actual earnings, for the 12 -month period preceding the month of death); retired employees are insured for $7,500; this coverage is an "other postemployment benefit," or OPEB. The City contributes to the SDBF at a contractually required rate as determined by an annual actuarial valuation. The rate is equal to the cost of providing one -year term life insurance. The funding policy for the SDBF program is to assure that adequate resources are available to meet all death benefit payments for the upcoming year; the intent is not to pre -fund retiree life insurance during the employees' entire careers. The City's contributions to the TMRS SDBF for the years ended 2015, 2014, and 2013 were $21,681 $20,815, and $21,251, respectively, which equaled the required contributions each year. NOTE 11 — RETIREE HEALTH INSURANCE PLAN A. Plan Description The City provides an other post - employment benefit to eligible retirees of the City whereby they can stay on the City's health insurance plan by paying the full premium. B. Contributions The City's annual other post - employment benefits (OPEB) cost is calculated based on the annual required contribution (ARC) of the employer, an amount actuarially determined in accordance with the parameters of GASB Statement No. 45. The ARC represents a level of accrual that, if paid on an ongoing basis, is projected to cover the normal cost each year and to amortize any unfunded actuarial liabilities (or funding excesses) over a period not to exceed thirty years. The City's annual OPEB cost for the fiscal year ending September 30, 2015 is as follows: Annual Required Contribution Interest on OPEB obligation Adjustment to ARC Annual OPEB cost Contributions Increase in net OPEB obligation Beginning Net OPEB Obligation Ending Net OPEB Obligation 52 $ 79,728 16,421 (14,990) 81,159 (15,485) 65,674 364,906 $ 430,580 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 11 — RETIREE HEALTH INSURANCE PLAN (Continued) B. Contributions (Continued) The City's annual OPEB cost, the amount contributed by the employer, the percentage of annual OPEB cost contributed to the plan, and the net OPEB obligation for fiscal year ending September 30, 2015 and the preceding two fiscal years were as follows: September 30, 2015 2014 2013 Cost Contributions Contributed $ 79,728 $ 15,485 19% 79,512 13,645 17% 77,014 13,248 17% Obligation $ 430,580 364,906 63,766 The Projected Unit Credit Cost Method is used to calculate the actuarial required contribution (ARC) for the City's retiree health care plan. Using the plan benefits, the present health premiums and a set of actuarial assumptions, the anticipated future payments are projected. The actuarial cost method then provides for a systematic funding for these anticipated payments. The yearly ARC is computed to cover the cost of benefits being earned by covered members as well as to amortize a portion of the unfunded accrued liability. Projections of health benefits are based on the plan as understood by the City and include the types of benefits in force at the valuation date and the pattern of sharing benefit costs between the City and the City's employees to that point. Actuarial calculations reflect a long -term perspective and employ methods and assumptions that are designed to reduce short-term volatility in actuarial accrued liabilities and the actuarial value of assets. Significant methods and assumptions were as follows: Inflation Rate 3.0% Investment Rate of Return 4.5 %, net of expenses Actuarial Cost Method Projected Unit of Credit Amortization Method Level as a percent of payroll Amortization Period 30 -year open period Payroll Growth 3.0% Medical Trend Initial rate of 7.25 %, declining to an ultimate rate of 4.5% after 11 years Actuarial valuations involve estimates of the value of reported amounts and assumptions about the probability of events in the future. Amounts determined regarding the funded status and the annual required contributions of the City's retiree health care plan are subject to continual revision as actual results are compared to past expectations and new estimates are made about the future. The required schedule of funding progress presented as required supplementary information provides multiyear trend information that shows whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liability for benefits. The funded status as of December 31, 2014, the most recent actuarial valuation date, is as follows: Actuarial Actuarial Value Valuation Date of Assets 12/31/2013 $ - Actuarial Accrued Liability (AAL) Funded Ratio $ 493,114 0.0% 53 UAAL as a Unfunded Percentage of AAL (UAAL) Covered Payroll Covered Payroll $ 493,114 $ 14,356,845 3.4% CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 11 — RETIREE HEALTH INSURANCE PLAN (Continued) B. Contributions (Continued) Actuarial valuations involve estimates of the value of reported amounts and assumptions about the probability of events far into the future. Actuarially determined amounts are subject to continual revisions as actual results are compared to past expectations and new estimates are made about the future. Actuarial calculations are based on the benefits provided under the terms of the substantive plan in effect at the time of each valuation, and reflect a long -term perspective. Consistent with that perspective, actuarial methods and assumptions used to include techniques that are designed to reduce short-term volatility in actuarial accrued liabilities and the actuarial value of assets. The schedule of funding progress, presented as Required Supplementary Information following the notes to the financial statements, presents multi -year information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liability of benefits. NOTE 12 - JOINT VENTURES Schertz /Seguin Local Government Corporation The Schertz /Seguin Local Government Corporation is a public, nonprofit corporation organized to aid, assist, and act on behalf of the cities of Schertz and Seguin in acquiring, constructing, maintaining, and operating a water utility system. The participating governments have an ongoing financial responsibility to fund the operation of the corporation through either purchase of services or by subsidizing the operations. Contributions to the corporation are reflected as "operating expenses" in the water and sewer fund and totaled $1,178,081 for the year ended September 30, 2015. Separate financial statements for the Schertz /Seguin Local Government Corporation may be obtained from the City of Seguin, 210 East Gonzales Street, Seguin, Texas 78156. The City of Schertz is jointly liable, together with the City of Seguin, for operating deficits and long -term debt of the Schertz /Seguin Local Government Corporation. Following is a summary of financial data as reported in the Corporation's audited financial statements dated September 30, 2014: ASSETS: Current Assets $ 11,752;482 Restricted Cash and Cash Equivalents 8,866,401 Property, Plant & Equipment (net) 86,142,663 Other Assets 279,607 TOTAL ASSETS 107,041,153 Deferred Charges on Refunding 1,801,852 LIABILITIES: Current Liabilities 5,861,643 Revenue Bonds (Less Current Maturities) 97,459,784 TOTAL LIABILITIES 103,321,427 NET POSITION: Net Investment in Capital Assets (5,182,814) Restricted 3,699,577 Unrestricted 7,004,815 TOTAL NET POSITION $ 5,521,578 54 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 12 - JOINT VENTURES (Continued) Schertz /Seguin Local Government Corporation (Continued) The Corporation had revenue bonds outstanding in the amount of $101,176,000 (as of September 30, 2014) to provide funds to build, improve, extend, enlarge and repair the Corporation's utility system, fund a reserve, and pay the costs of bond issuance. The bond resolution pledges intergovernmental contract revenues from the cities of Schertz and Seguin (the participating governments) to bond holders. Under the intergovernmental water supply contract, the participating governments are unconditionally obligated to pay their respective shares of annual contract revenue bond debt service from the operation of their respective utility systems. Cibolo Valley Local Government Corporation The Cibolo Valley Local Government Corporation (CVLGC) is a public nonprofit corporation incorporated in March 2012 to assist and act on behalf of the cities of Schertz, and Cibolo to obtain additional water sources. The participating governments have an ongoing financial responsibility to fund the operation of the corporation through either purchase of services or by subsidizing the operations. Contributions to the corporation are reflected as "operating expenses" in the water and sewer fund. Separate financial statements for the CVLGC may be obtained from the City of Seguin, 210 East Gonzales Street, Seguin, Texas 78156. The City of Schertz is jointly liable, together with the City of Cibolo, for operating deficits and long -term debt of CVLGC. Following is a summary of financial data as reported in the Corporation's audited financial statements dated September 30, 2014: ASSETS: Current Assets $ 596,709 TOTAL ASSETS 596,709 LIABILITIES: Current Liabilities 64,872 TOTAL LIABILITIES 64,872 NET POSITION: Unrestricted 531,837 TOTAL NET POSITION $ 531,837 Cibolo Creek Municipal Authority Cibolo Creek Municipal Authority (CCMA) provides sewage treatment for the area in and around the City. CCMA has agreed to construct a sewage treatment facility in the southern portion of the City to primarily serve citizens of the City but also neighboring Cities and future development. Because the City would be the primary customer at this time, the City agreed to enter into a regional wastewater treatment contract in September 2014. CCMA will issue bonds to finance the project and the City has agreed to make payments to CCMA to cover operation expenses, maintenance expenses, and debt service. The City is the sole member at this time, so it is responsible for 100% of the project costs. Should other members join, the City's share of the costs would be reduced. 55 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 12 - JOINT VENTURES (Continued) Cibolo Creek Municipal Authority (Continued) In September 2014, CCMA issued bonds for the project in the amount of $6,950,000 with debt service requirements as follows: Fiscal Year Ending September 30, Principal Interest Total 2016 $ 145,000 $ 266,150 $ 411,150 2017 150,000 263,250 413,250 2018 150,000 260,250 410,250 2019 155,000 257,250 412,250 2020 -2024 830,000 1,233,350 2,063,350 2025 -2029 970,000 1,087,650 2,057,650 2030 -2034 1,180,000 877,450 2,057,450 2035 -2039 1,465,000 592,500 2,057,500 2040 -2044 1,830,000 225,200 2,055,200 $ 6,875,000 $ 5,063,050 $ 11,938,050 NOTE 13 - COMMITMENTS AND CONTINGENCIES Tax Increment Financing (the "Zone') The City is a principal in the City of Schertz Tax Increment Reinvestment Zone #2, pursuant to Chapter 311 of the Texas Tax Code. Under the terms of the Zone agreement, the City of Schertz, Bexar County, and San Antonio River Authority are funding infrastructure improvements through tax increment financing to the Sedona Development Project. At the time the Zone was created, the property tax base was "frozen" and increment taxes resulting from the increases to property tax base are being used to finance Zone improvements. The total projected cost is a combined figure of $45,000,000. Project costs of the developer will be funded up to 100% of the tax increment generated by the City of Schertz, Bexar County, and San Antonio River Authority (SARA). The City of Schertz (combined with SARA) have committed up to $32,877,000 of the total $45,000,000. The Zone has a statutory termination date of December 31, 2027. The TIRZ has collected $505,736 from taxing entities (net of administrative reimbursements) and remitted $50,376 to the developer as of September 30, 2015. 380 Agreements To encourage economic growth, the City has entered into various 380 agreements with businesses in the City. These agreements involve rebates of future ad valorem taxes and or sales taxes. These agreements are rebates of future taxes, and should not have a significant impact on current tax base in future years. Once the terms of the 380 agreements expire, the tax base of the City will be increased to include these new businesses. 56 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 13 - COMMITMENTS AND CONTINGENCIES (Continued) Construction Commitments The City of Schertz has entered into commitments for various projects as follows: Primary Government: Governmental Activities: Lower Seguin Road Improvements Natatorium Project Soccer Fields Improvements FM 78 and Main Street Total Governmental Commitments Business -Type Activities: S. W.W. Treatment Plant Town Creek Sewer Project - Phase III East Live Oak Water Plan Upgrades SE Quad Elevated Tank Aviation Heights Waterline Replacement Northcliffe Waterline Upgrades Waterline at Maske Rd- FM1518 Commercial Place Project Total Business -Type Activities Total Estimated Future Commitments Litigation Estimated Project Expended to Estimated Future Cost to City Date Commitment $ 541,841 $ 274,777 $ 267,064 6,160,500 700,352 5,460,148 4,347,128 4,206,856 140,272 1,000,000 20,430 979,570 12,049,469 5,202,415 6,847,054 3,985,000 223,811 3,761,189 998,006 816,575 181,431 245,000 121,850 123,150 200,552 50,273 150,279 400,000 32,481 367,519 730,064 700,664 29,400 367,735 354,477 13,258 2,135,723 1,783,485 352,238 9,062,080 4,083,616 4,978,464 $ 21,111,549 $ 9,286,031 $ 11,825,518 The City is the subject of various claims and litigation that have arisen in the course of its operations. Management is of the opinion that the City's liability in these cases, if decided adversely to the City, will not have a material effect on the City's financial position. Risk Management The City is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; and natural disasters. The City contracts with the Texas Municipal League Intergovernmental Risk Pool, a public entity risk pool currently operating as a common risk management and insurance program providing insurance coverage in the following areas: general liability, automobile liability and physical damage, law enforcement liability, worker's compensation, real and personal property, mobile equipment, and errors and omissions liability. TML is a multi - employer group that provides for a combination of risk sharing among pool participants and stop loss coverage. Contributions are set annually by the provider. Liability by the City is generally limited to the contributed amounts. Annual contributions for the year ended September 30, 2015 were $372,559 for property and casualty and workers compensation coverage. There were no significant increases or decreases in coverage from fiscal year 2014. 57 CITY OF SCHERTZ, TEXAS NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) SEPTEMBER 30, 2015 NOTE 14 - DEFICIT NET POSITION The EMS currently has a deficit net positon. The City plans to remedy this deficit with a review of expenditures as well as an increase in fees from participants. NOTE 15 - SUBSEQUENT EVENTS Subsequent to year end the city issued the City of Schertz, Texas General Obligation Refunding Bonds, Series, 2015 to refund the Texas General Obligation Bonds, Series 2006. A contract for approximately $8.5 million was signed with Byrne Construction and Marmon Mok for the construction of an Aquatic Center. The City had a general election November 2015 in which several propositions passed: Issuance of $7 million general obligation bonds for streets, bridges and sidewalk improvements; issuance of $8 million general obligation bonds for public facility station and a new fire department. Additionally there were several propositions which involved the following charter changes: The number of Council members will increase from 5 to 7 members; and the Mayor and Council Members terms will be increased from 2 to 3 years. NOTE 16 — RECENTLY ISSUED ACCOUNTING PRONOUNCEMENTS GASB issued Statement 72, Fair Value Measurement and Application, Statement No. 73, Accounting and Financial reporting for Pensions and Related Assets That Are Not Within the Scope of GASB Statement No. 68, and Amendments to Certain Provisions of GASV Statements 67 and 68, Statement No. 74, Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans, Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions, and Statement No. 76, The Hierarchy of Generally Accepted Accounting Principles for State and Local Governments. When they become effective, application of these standards may restate portions of these financial statements. 58 K;A G G� "CITy� 0 A I \I�pORAT lN, W/ * /i REQUIRED SUPPLEMENTARY INFORMATION 59 CITY OF SCHERTZ, TEXAS REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL GENERAL FUND YEAR ENDED SEPTEMBER 30, 2015 Variance With Public Safety: Police Department 5,763,594 5,929,865 2015 Final Budget - Fire Department Budgeted Amounts Actual Positive 193,027 Original Final Amounts (Negative) REVENUES Marshal Service 658,671 672,382 626,825 Taxes $ 17,961,184 $ 17,995,576 $ 17,926,685 $ (68,891) Permits and Fees 1,267,032 1,267,032 1,447,814 180,782 Service Fees 1,510,014 1,510,014 1,609,917 99,903 Fines and Fees 1,810,394 1,810,394 1,498,887 (311,507) Intergovernmental 206,800 206,800 233,959 27,159 Investment Earnings 6,625 6,625 24,369 17,744 Miscellaneous 530,250 542,750 571,416 28,666 TOTAL REVENUES 23,292,299 23,339,191 23,313,047 (26,144) EXPENDITURES General Government: Council 87,675 87,675 74,712 12,963 City Manager 866,125 868,199 879,510 (11,311) Municipal Court 476,313 476,313 324,771 151,542 311 Customer Relations 114,691 114,691 107,296 7,395 Planning & Zoning 157,827 157,827 152,815 5,012 Legal 360,000 360,000 190,560 169,440 General Services 993,988 1,006,129 999,500 6,629 City Secretary 187,617 187,617 175,560 12,057 Nondepartmental 1,922,942 1,558,834 1,163,485 395,349 Community & Media Relations 308,220 308,220 270,054 38,166 Records Management 63,256 64,324 61,470 2,854 Schertz Magazine 404,608 404,608 379,929 24,679 Engineering 336,768 241,268 220,533 20,735 Geographic Information Systems 154,795 154,795 149,613 5,182 Citizens Assistance 86,678 86,678 41,678 45,000 Special Events 142,950 142,950 75,804 67,146 Total General Government 6,664,453 6,220,128 5,267,290 952,838 Public Safety: Police Department 5,763,594 5,929,865 5,861,101 68,764 Fire Department 3,472,877 3,568,001 3,374,974 193,027 Inspection 584,812 595,846 560,278 35,568 Marshal Service 658,671 672,382 626,825 45,557 Total Public Safety 10,479,954 10,766,094 10,423,178 342,916 Public Environment: Streets 1,049,510 1,015,164 978,649 36,515 Total Public Environment $ 1,049,510 $ 1,015,164 $ 978,649 $ 36,515 60 CITY OF SCHERTZ, TEXAS REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL) GENERAL FUND (CONTINUED YEAR ENDED SEPTEMBER 30, 2015 Variance With Administration: Information Technology 1,625,529 1,627,328 2015 Final Budget - Human Resources Budgeted Amounts Actual Positive 15,541 Original Final Amounts (Negative) EXPENDITURES (Continued) Purchasing & Asset Management 273,468 273,468 223,501 Parks and Recreation: Building Maintenance 267,599 296,225 266,959 Parks $ 954,781 $ 891,979 $ 855,323 $ 36,656 Pools 253,078 253,078 228,254 24,824 Community /Civic Center 155,801 155,801 137,913 17,888 Senior Center 46,390 46,390 61,426 (15,036) Total Parks and Recreation 1,410,050 1,347,248 1,282,916 64,332 Cultural: OVER (UNDER) EXPENDITURES 260,003 531,803 2,436,424 Library 842,473 842,473 795,436 47,037 Total Cultural 842,473 842,473 795,436 47,037 Health: Animal Control 503,260 503,260 404,008 99,252 Total Health 503,260 503,260 404,008 99,252 Administration: Information Technology 1,625,529 1,627,328 1,429,255 198,073 Human Resources 423,683 423,683 408,142 15,541 Finance 536,120 536,120 506,947 29,173 Purchasing & Asset Management 273,468 273,468 223,501 49,967 Building Maintenance 267,599 296,225 266,959 29,266 Fleet Service 648,702 648,702 578,564 70,138 Interfund Charges (1,692,505) (1,692,505) (1,688,222) (4,283) Total Administration 2,082,596 21113,021 1,725,146 387,875 TOTAL EXPENDITURES 23,032,296 22,807,388 20,876,623 1,930,765 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 260,003 531,803 2,436,424 1,904,621 OTHER FINANCING SOURCES (USES) Transfers In 262,802 358,802 148,682 (210,120) Transfers Out (213,850) (583,650) (690,653) (107,003) TOTAL OTHER FINANCING SOURCES (USES) 48,952 (224,848) (541,971) (317,123) NET CHANGE IN FUND BALANCE 308,955 306,955 1,894,453 1,587,498 FUND BALANCE - BEGINNING 7,722,034 71722,034 71722,034 - FUND BALANCE - ENDING $ 8,030,989 $ 8,028,989 $ 9,616,487 $ 1,587,498 61 CITY OF SCHERTZ, TEXAS REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES — BUDGET AND ACTUAL ECONOMIC DEVELOPMENT CORPORATION YEAR ENDED SEPTEMBER 30, 2015 EXPENDITURES Current: General Government 1,156,900 1,156,900 Variance With 876,920 Administration 2015 Final Budget - 351,812 Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES 415,000 415,000 - Taxes $ 3,682,057 $ 3,682,057 $ 3,442,819 $ (239,238) Investment Earnings 10,200 10,200 14,461 4,261 Miscellaneous - - 1,478 1,478 TOTAL REVENUES 3,692,257 3,692,257 3,458,758 (233,499) EXPENDITURES Current: General Government 1,156,900 1,156,900 279,980 876,920 Administration 1,069,114 1,069,114 351,812 717,302 Debt Service: 9,821,747 $ 1,360,722 Principal 415,000 415,000 415,000 - Interest 15,608 15,608 15,609 (1) TOTAL EXPENDITURES 2,656,622 2,656,622 1,062,401 11594,221 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 1,035,635 1,035,635 2,396,357 11360,722 OTHER FINANCING SOURCES (USES) Transfers Out (367,188) (367,188) (367,188) - TOTAL OTHER FINANCING SOURCES (USES) (367,188) (367,188) (367,188) - NET CHANGE IN FUND BALANCE 668,447 668,447 2,029,169 1,360,722 FUND BALANCE - BEGINNING 7,792,578 7,792,578 7,792,578 - FUND BALANCE - ENDING $ 8,461,025 $ 8,461,025 $ 9,821,747 $ 1,360,722 62 CITY OF SCHERTZ, TEXAS NOTES TO SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE — BUDGET AND ACTUAL SEPTEMBER 30, 2015 Budgetary Information — The budget is prepared in accordance with accounting principles generally accepted in the United States of America. The City maintains strict budgetary controls. The objective of these controls is to ensure compliance with legal provision embodied in the annual appropriated budget approved by the City Council and as such is a good management control device. Annual budgets are adopted for the general fund; debt service fund; hotel motel tax, park fund, tree mitigation; police forfeiture fund, library advisory board fund, and the historical committee fund. Project - length financial plans are adopted for capital projects funds. Of these budgets, only the General Fund, Debt Service and Economic Development Corporation are legally adopted. Budgetary preparation and control is exercised at the department level. Actual expenditures may not legally exceed appropriations at the fund level. The City did not exceed the budgeted expenditures in any funds with legally adopted budgets during 2015. The City does not use encumbrances. 63 CITY OF SCHERTZ, TEXAS REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF CHANGES — NET PENSION LIABILITY AND RELATED RATIOS LAST YEAR Total Pension Liability 2014 Service Cost $ 2,558,743 Interest (on the Total Pension Liability) 3,245,266 Changes of Benefit Terms - Difference between Expected and Actual Experience (122,286) Change of Assumptions - Benefit Payments, Including Refunds of (1,580) Employee Contributions (1,068,487) Net Change in Total Pension Liability 4,613,236 Total Pension Liability - Beginning 45,615,815 Total Pension Liability - Ending $ 50,229,051 Plan Fiduciary Net Position 2014 Contributions - Employer $ 2,403,929 Contributions - Employee 1,077,097 Net Investment Income 1,841,586 Benefit Payments, Including Refunds of Employee Contributions (1,068,487) Administrative Expense (19,219) Other (1,580) Net Change in Plan Fiduciary Net Position 4,233,326 Plan Fiduciary Net Postion - Beginning 32,179,518 Net Pension Liability - Ending $ 36,412,844 Net Pension Liability - Ending $ 13,816,207 Plan Fiduciary Net Position as a Percentage of Total Pension Liability 72.49% Covered Employee Payroll $ 15,389,154 Net Pension Liability as a Percentage of Covered Employee Payroll 89.78% 64 CITY OF SCHERTZ, TEXAS REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF CITY CONTRIBUTIONS LAST FISCAL YEAR Schedule of Contributions: 2014 Actuarially Determined Contribution $ 2,487,856 Contributions in Relation to the Actuarially Determined Contribution 2,487,856 Contribution Deficiency (Excess) $ - Covered Employee Payroll $ 15,486,735 Contributions as a Percentage of Covered Employee Payroll 16.06% Valuation Date: Actuarially determined contribution rates are calculated as of December 31 and become effective in January, thirteen (13) months later. Methods and Assumptions Used to Determine Contribution Rates: Actuarial Cost Method Entry Age Normal Amortization Method Level Percentage of Payroll, Closed Remaining Amortization Period 30 Years Asset Valuation Method 10 Year Smoothed Market; 15% Soft Corridor Inflation 3.00% Salary Increases 3.50% to 12.00% Including Inflation Investment Rate of Return 7.00% Retirement Age Experience -based table of rates that are specific to the City's plan of benefits. Last updated for the 2010 valuation pursuant to an experience study of the period 2005 - 2009. Mortality RP2000 Combined Mortality Table with blue Collar Adjustment with male rates multiplied by 109% and femal rates multiplied by 103% and projected on a fully generational basis with scale BB. 65 CITY OF SCHERTZ, TEXAS REQUIRED SUPPLEMENTARY INFORMATION RETIREE HEALTH INSURANCE PLAN ANALYSIS OF FUNDING PROGRESS LAST CALENDAR YEAR ACTUARIAL ACTUARIAL VALUE OF VALUATION ASSETS DATE (a) UNFUNDED ACTUARIAL ACTUARIAL ACCRUED ACCRUED LIABILITY* LIABILITY (b) (b -a) 12/31/2013 $ - $ 493,114 $ 493,114 The actuarial valuation conducted as of December 31, 2013 was the first for the plan. MO• UNFUNDED ACTUARIAL ACCRUED LIABILITY AS A ANNUAL PERCENTAGE FUNDING COVERED OF COVERED RATIO PAYROLL PAYROLL (a/b) (d) (b -a) /d 0.0% $ 14,356,845 3.4% The actuarial valuation conducted as of December 31, 2013 was the first for the plan. MO• SUPPLEMENTARY INFORMATION • Comparative Statements • General Fund • Economic Development Corporation • Debt Service Fund • Capital Projects Fund Combining and Comparative Individual Fund Statements - Nonmajor Governmental Funds • Hotel Occupancy Fund - will account for proceeds of hotel occupancy taxes to be used strictly for those kinds of programs that promote the tourism industry. • Tree Mitigation Fund - will account for revenues from permits, grants and donations to preserve and replace trees in the City. • Park Fund - will account for revenues from developers' fees (in lieu of park land dedication), grants, and donations and is designed to monitor and manage improvement of park system. • Police Forfeitures Fund - will account for revenue received from drug related cases in conjunction with other law enforcement agencies. • Library Advisory Board — to account for certain fees generated at the library to be used by the Board for general improvements to the Library. • Historical Committee Fund - will account for funds received for the preservation of the history of the city. • Parks and Recreation Foundation — to account for revenues from events, fundraisers and donations to improve and maintain City parks. 67 CITY OF SCHERTZ, TEXAS COMPARATIVE BALANCE SHEETS GENERAL FUND SEPTEMBER 30, 2015 AND 2014 68 2015 2014 ASSETS Cash and Cash Equivalents $ 268,784 $ 734,684 Investments 8,796,303 6,895,148 Receivables (net of allowances): Taxes 1,860,970 1,725,512 Accounts and Other 2,048,709 1,987,843 Inventory 101,084 88,518 Prepaid Items - 8,133 Restricted Cash 471,576 425,864 TOTAL ASSETS $ 13,547,426 $ 11,865,702 LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCES Liabilities: Accounts Payable $ 913,100 $ 1,241,009 Accrued Salaries and Benefits 437,755 456,962 Customer Deposits 58,450 42,513 Due to Other Governments 162,714 205,303 Due to Other Funds 254,057 138,926 Unearned Revenue 42,418 28,285 Total Liabilities 1,868,494 2,112,998 Deferred Inflows of Resources: Unavailable Revenue 2,062,445 2,030,670 Fund Balance: Nonspendable: Inventory 101,084 88,518 Prepaid Items - 8,133 Restricted for: Police and Public Safety 189,464 139,884 Municipal Court 683,558 628,459 PEG Capital Fees 509,535 489,509 Scholarships 60,944 54,176 Assigned for: Property Replacement 785,005 694,916 Special Events 6,657 85,353 Unassigned 7,280,240 5,533,086 Total Fund Balance 9,616,487 7,722,034 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCE $ 13,547,426 $ 11,865,702 68 CITY OF SCHERTZ, TEXAS COMPARATIVE STATEMENTS OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND FOR THE YEARS ENDED SEPTEMBER 30, 2015 AND 2014 EXPENDITURES Current: General Government 2015 2014 REVENUES 10,037,830 9,398,845 Taxes $ 17,926,685 $ 16,652,245 Permits and Fees 1,447,814 1,365,624 Service Fees 1,609,917 1,592,851 Fines and Fees 1,498,887 1,712,562 Intergovernmental 233,959 218,081 Investment Earnings 24,369 13,655 Miscellaneous 571,416 547,515 TOTAL REVENUES 23,313,047 22,102,533 EXPENDITURES Current: General Government 5,187,335 5,232,687 Public Safety 10,037,830 9,398,845 Public Environment 952,663 1,012,607 Parks and Recreation 1,182,906 1,099,359 Cultural 795,436 794,434 Health 404,008 394,918 Administration 1,638,429 1,604,827 Capital Outlay 637,800 383,264 Debt Service: Principal 31,875 34,376 Interest and Fiscal Charges 8,341 579 TOTAL EXPENDITURES 20,876,623 19,955,896 Excess (Deficiency) of Revenues Over (Under) Expenditures 2,436,424 2,146,637 OTHER FINANCING SOURCES (USES) Lease Proceeds - 133,715 Transfers In - 89,416 Transfers Out (541,971) (664,944) TOTAL OTHER FINANCING SOURCES (USES) (541,971) (441,813) Net Change in Fund Balance 1,894,453 1,704,824 Fund Balance at Beginning of Year 7,722,034 6,017,210 Fund Balance at End of Year $ 9,616,487 $ 7,722,034 69 CITY OF SCHERTZ, TEXAS COMPARATIVE BALANCE SHEETS ECONOMIC DEVELOPMENT CORPORATION SEPTEMBER 30, 2015 AND 2014 ASSETS Cash and Cash Equivalents Investments Receivables (net of allowances): Taxes Accounts and Other TOTAL ASSETS LIABILITIES AND FUND BALANCE Liabilities: Accounts Payable Accrued Salaries and Benefits Total Liabilities Fund Balance: Restricted for: Economic Development Total Fund Balance TOTAL LIABILITIES AND FUND BALANCE 70 2015 2014 $ 595,001 $ 293,205 8,635,228 6,961,045 611,869 567,202 1,983 1,888 $ 9,844,081 $ 7,823,340 $ 14,402 $ 9,658 7,932 21,104 22,334 30,762 9,821,747 7,792,578 9,821,747 7,792,578 $ 9,844,081 $ 7,823,340 CITY OF SCHERTZ, TEXAS COMPARATIVE STATEMENTS OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ECONOMIC DEVELOPMENT CORPORATION FOR THE YEARS ENDED SEPTEMBER 30, 2015 AND 2014 REVENUES Taxes Investment Earnings Miscellaneous Revenue TOTAL REVENUES EXPENDITURES Current: General Government Administration Debt Service: Principal Interest and Fiscal Charges TOTAL EXPENDITURES Excess (Deficiency) of Revenues Over (Under) Expenditures OTHER FINANCING SOURCES (USES) Transfers Out TOTAL OTHER FINANCING SOURCES (USES) Net Change in Fund Balance Fund Balance at Beginning of Year Fund Balance at End of Year 71 2015 2014 $ 3,442,819 $ 3,521,338 14,461 9,599 1,478 - 3,458,758 3,530,937 279,980 565,322 351,812 519,831 415,000 400,000 15,609 27,671 1,062,401 1,512,824 2,396,357 2,018,113 (367,188) (367,743) (367,188) (367,743) 2,029,169 1,650,370 7,792,578 6,142,208 $ 9,821,747 $ 7,792,578 CITY OF SCHERTZ, TEXAS COMPARATIVE BALANCE SHEETS DEBT SERVICE FUND SEPTEMBER 30, 2015 AND 2014 ASSETS Cash and Cash Equivalents Investments Receivables (net of allowances): Taxes TOTAL ASSETS LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCE Liabilities: Accrued Interest Payable Total Liabilities Deferred Inflows of Resources: Unavailable Revenue Fund Balance: Restricted for: Debt Service Total Fund Balance TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCE 72 2015 2014 $ 50,741 $ 34,988 796,437 624,189 59,190 68,928 $ 906,368 $ 728,105 $ 33,742 33,742 59,190 68,928 847,178 625,435 847,178 625,435 $ 906,368 $ 728,105 CITY OF SCHERTZ, TEXAS SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET TO ACTUAL DEBT SERVICE FUND FOR THE YEAR ENDED SEPTEMBER 30, 2015 (WITH COMPARATIVE ACTUAL TOTALS FOR 2014) REVENUES Property Taxes Investment Earnings TOTAL REVENUES EXPENDITURES Debt Service: Principal Interest and Fiscal Charges Bond Issue Costs TOTAL EXPENDITURES EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES Transfers In Issuance of Debt Premiums from Refunding Bonds TOTAL OTHER FINANCING SOURCES Net Change in Fund Balance FUND BALANCE, BEGINNING FUND BALANCE, ENDING Variance with 2015 Final Budget- 2014 Budgeted Amounts Actual Positive Actual Original Final Amounts (Negative) Amounts $ 5,338,513 $ 5,338,513 $ 5,415,059 $ 76,546 $ 5,295,577 1,575 1,575 2,575 1,000 1,477 5,340,088 5,340,088 5,417,634 77,546 5,297,054 3,441,134 3,441,134 3,471,133 (29,999) 12,445,083 2,120,572 2,120,572 2,088,796 31,776 2,080,360 74,451 74,451 3,150 71,301 165,650 5,636,157 5,636,157 5,563,079 73,078 14,691,093 (296,069) (296,069) (145,445) 150,624 (9,394,039) 367,188 367,188 367,188 367,188 367,188 367,188 366,138 - 8,450,000 686,137 9,502,275 71,119 71,119 221,743 150,624 108,236 625,435 625,435 625,435 - 517,199 $ 696,554 $ 696,554 S 847,178 $ 150,624 $ 625,435 73 CITY OF SCHERTZ, TEXAS COMPARATIVE BALANCE SHEETS CAPITAL PROJECTS FUND SEPTEMBER 30, 2015 AND 2014 ASSETS Cash and Cash Equivalents Investments Receivables (net of allowances): Accounts and Other TOTAL ASSETS LIABILITIES AND FUND BALANCE Liabilities: Accounts Payable Due to Other Funds Total Liabilities Fund Balance: Restricted for Capital Improvement Committed for Capital Improvement Total Fund Balance TOTAL LIABILITIES AND FUND BALANCE 74 2015 2014 $ 919,471 $ 1,084,721 8,773,689 9,792,513 5,011 - $ 9,698,171 $ 10,877,234 $ 772,675 $ 469,483 909 776,005 773,584 1,245,488 8,924,587 9,600,028 - 31,718 8,924,587 9,631,746 $ 9,698,171 $ 10,877,234 CITY OF SCHERTZ, TEXAS COMPARATIVE STATEMENTS OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND FOR THE YEARS ENDED SEPTEMBER 30, 2015 AND 2014 REVENUES Intergovernmental Investment Earnings Miscellaneous TOTAL REVENUES EXPENDITURES Current: General Government Capital Outlay Debt Service: Bond Issue Costs TOTAL EXPENDITURES Excess (Deficiency) of Revenues Over (Under) Expenditures OTHER FINANCING SOURCES (USES) Proceeds from Issuances of Debt Transfers In Transfers Out TOTAL OTHER FINANCING SOURCES (USES) Net Change in Fund Balance Fund Balance at Beginning of Year Fund Balance at End of Year 75 2015 2014 $ 159,648 $ 3,688 13,723 17,429 6,000 - 179,371 21,117 - 46,542 1,650,298 7,530,597 4,842 - 1,655,140 7,577,139 (1,475,769) (7,556,022) 245,000 - 569,147 762,358 (45,537) - 768,610 762,358 (707,159) (6,793,664) 9,631,746 16,425,410 $ 8,924,587 $ 9,631,746 CITY OF SCHERTZ, TEXAS COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS SEPTEMBER 30, 2015 ASSETS Cash and Cash Equivalents Investments Accounts Receivable, Net of Allowance Taxes Other Prepaid Items TOTAL ASSETS LIABILITIES AND FUND BALANCE Liabilities Accounts Payable Total Liabilities Fund Balance Nonspendable Prepaids Restricted for: Tourism Development Tree Mitigation Parks Police Forfeiture Library Historical Committee Total Fund Balances TOTAL LIABILITIES AND FUND BALANCE Special Revenue Funds Hotel Occupancy Park Tree Fund Fund Mitigation $ 316,858 $ 232,771 $ 81,677 499,702 1,357 397,656 39,195 - - 16,000 - - $ 871,755 $ 234,128 $ 479,333 $ 6,786 $ - $ 148,184 6,786 - 148,184 16,000 - - 848,969 - - - - 331,149 234,128 - 864,969 234,128 331,149 $ 871,755 $ 234,128 $ 479,333 76 Special Revenue Funds Police Library Parks & Historical Forfeitures Advisory Recreation Committee Fund Board Foundation Fund Totals $ 76,624 $ 30,034 $ 105,721 $ 10,133 $ 853,818 244,353 44,914 - - 1,187,982 - - - - 39,195 - 550 - 550 - - - - 16,000 $ 320,977 $ 74,948 $ 106,271 $ 10,133 $ 2,097,545 $ 16,104 $ 8,165 $ (1,152) $ 129 $ 178,216 16,104 8,165 (1,152) 129 178,216 16,000 - 848,969 - - 331,149 - - 107,423 - 341,551 304,873 - - - 304,873 - 66,783 - - 66,783 - - - 10,004 10,004 304,873 66,783 107,423 10,004 1,919,329 $ 320,977 $ 74,948 $ 106,271 $ 10,133 $ 2,097,545 77 CITY OF SCHERTZ, TEXAS COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES — NONMAJOR GOVERNMENTAL FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2015 REVENUES Occupancy Tax Permits and Fees Service Fees Fines and Fees Investment Earnings Miscellaneous TOTAL REVENUES EXPENDITURES Current: General Government Public Safety Parks and Recreation Cultural Administration Capital Outlay TOTAL EXPENDITURES Excess (Deficiency) of Revenues Over (Under) Expenditures OTHER FINANCING SOURCES (USES) Transfers In Transfers Out TOTAL OTHER FINANCING SOURCES (USES) Net Change in Fund Balance Fund Balances, Beginning Special Revenue Funds Hotel Occupancy Park Tree Fund Fund Mitigation $ 563,734 $ - $ - - 92,000 191,488 648 107 - IV/ iyi,yzo 105,106 - - - 6,038 219,984 66,405 - - 10,930 - 171,511 16,968 219,984 392,871 75,139 (28,056) (43,500) (33,159) - (43,500) (33,159) - 349,371 41,980 (28,056) 515,598 192,148 359,205 Fund Balances, Ending $ 864,969 $ 234,128 $ 331,149 78 Special Revenue Funds Police Library Parks & Historical Forfeitures Advisory Recreation Committee Fund Board Foundation Fund Totals $ - $ - $ - $ - $ 563,734 - 283,488 - 22,064 165,170 - 187,234 35,701 - - - 35,701 363 74 59 - 1,251 - 1,824 51,096 1,172 54,532 36,064 23,962 216,325 1,172 1,125,940 - - - 10,020 115,126 120,571 - - - 120,571 - - 249,269 - 475,291 25,710 - - 25,710 - - - 66,405 - - 15,640 - 26,570 120,571 25,710 264,909 10,020 829,673 (84,507) (1,748) (48,584) (8,848) 296,267 43,500 9,285 52,785 - - (76,659) 43,500 9,285 (23,874) (84,507) (1,748) (5,084) 437 272,393 389,380 68,531 112,507 9,567 1,646,936 $ 304,873 $ 66,783 $ 107,423 $ 10,004 $ 1,919,329 79 CITY OF SCHERTZ, TEXAS SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET TO ACTUAL HOTEL OCCUPANCY FUND FOR THE YEAR ENDED SEPTEMBER 30, 2015 (WITH COMPARATIVE ACTUAL TOTALS FOR 2014) Excess (Deficiency) of Revenues Over (Under) Expenses 302,623 302,623 392,871 90,248 273,264 OTHER FINANCING SOURCES (USES) Transfers Out (60,000) (60,000) (43,500) 16,500 (227,916) TOTAL OTHER FINANCING SOURCES (USES) (60,000) (60,000) (43,500) 16,500 (227,916) Net Change in Fund Balance FUND BALANCE, BEGINNING FUND BALANCE, ENDING 242,623 242,623 349,371 106,748 45,348 515,598 515,598 515,598 - 470,250 $ 758,221 $ 758,221 $ 864,969 $ 106,748 $ 515,598 I Variance with 2015 Final Budget- 2014 Budgeted Amounts Actual Positive Actual Original Final Amounts (Negative) Amounts REVENUES Occupancy Tax $ 544,753 $ 544,753 $ 563,734 $ 18,981 $ 552,570 Investment Earnings 600 600 648 48 390 TOTAL REVENUES 545,353 545,353 564,382 19,029 552,960 EXPENDITURES Current: General Government 176,325 176,325 105,106 71,219 134,311 Administration 66,405 66,405 66,405 - 145,385 TOTAL EXPENDITURES 242,730 242,730 171,511 71,219 279,696 Excess (Deficiency) of Revenues Over (Under) Expenses 302,623 302,623 392,871 90,248 273,264 OTHER FINANCING SOURCES (USES) Transfers Out (60,000) (60,000) (43,500) 16,500 (227,916) TOTAL OTHER FINANCING SOURCES (USES) (60,000) (60,000) (43,500) 16,500 (227,916) Net Change in Fund Balance FUND BALANCE, BEGINNING FUND BALANCE, ENDING 242,623 242,623 349,371 106,748 45,348 515,598 515,598 515,598 - 470,250 $ 758,221 $ 758,221 $ 864,969 $ 106,748 $ 515,598 I CITY OF SCHERTZ, TEXAS SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET TO ACTUAL PARK FUND FOR THE YEAR ENDED SEPTEMBER 30, 2015 (WITH COMPARATIVE ACTUAL TOTALS FOR 2014) REVENUES Licenses and Permits Investment Earnings Miscellaneous TOTAL REVENUES EXPENDITURES Current: Parks and Recreation Capital Outlay TOTAL EXPENDITURES Excess (Deficiency) of Revenues Over (Under) Expenditures OTHER FINANCING USES Transfers Out TOTAL OTHER FINANCING Net Change in Fund Balance - - 6,038 (6,038) 12,840 60,000 60,000 10,930 49,070 - 60,000 60,000 16,968 43,032 12,840 40,000 40,000 75,139 35,139 188,125 - (32,405) (33,159) 33,159 - - (32,405) (33,159) 33,159 - 40,000 7,595 41,980 68,298 188,125 FUND BALANCE, BEGINNING 192,148 Variance with 192,148 - 4,023 2015 Final Budget- 2014 Budgeted Amounts Actual Positive Actual Original Final Amounts (Negative) Amounts $ 100,000 $ 100,000 $ 92,000 $ (8,000) $ 198,150 - - 107 107 34 - - - - 2,781 100,000 100,000 92,107 (7,893) 200,965 - - 6,038 (6,038) 12,840 60,000 60,000 10,930 49,070 - 60,000 60,000 16,968 43,032 12,840 40,000 40,000 75,139 35,139 188,125 - (32,405) (33,159) 33,159 - - (32,405) (33,159) 33,159 - 40,000 7,595 41,980 68,298 188,125 FUND BALANCE, BEGINNING 192,148 192,148 192,148 - 4,023 FUND BALANCE, ENDING $ 232,148 $ 199,743 $ 234,128 $ 68,298 $ 192,148 81 CITY OF SCHERTZ, TEXAS SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET TO ACTUAL TREE MITIGATION FUND FOR THE YEAR ENDED SEPTEMBER 30, 2015 (WITH COMPARATIVE ACTUAL TOTALS FOR 2014) EXPENDITURES Current: Parks and Recreation 116,125 212,939 219,984 (103,859) 39,956 TOTAL EXPENDITURES 116,125 212,939 219,984 (103,859) 39,956 Net Change in Fund Balance (79,915) (176,729) Variance with 201,546 FUND BALANCE, BEGINNING 359,205 2015 Final Budget- 2014 FUND BALANCE, ENDING Budgeted Amounts Actual Positive Actual Original Final Amounts (Negative) Amounts REVENUES Licenses and Permits $ 36,000 $ 36,000 $ 191,488 $ 155,488 $ 241,273 Miscellaneous 210 210 440 230 229 TOTAL REVENUES 36,210 36,210 191,928 155,718 241,502 EXPENDITURES Current: Parks and Recreation 116,125 212,939 219,984 (103,859) 39,956 TOTAL EXPENDITURES 116,125 212,939 219,984 (103,859) 39,956 Net Change in Fund Balance (79,915) (176,729) (28,056) 148,673 201,546 FUND BALANCE, BEGINNING 359,205 359,205 359,205 - 157,659 FUND BALANCE, ENDING $ 279,290 $ 182,476 $ 331,149 $ 148,673 $ 359,205 82 CITY OF SCHERTZ, TEXAS SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET TO ACTUAL POLICE FORFEITURES FUND FOR THE YEAR ENDED SEPTEMBER 30, 2015 (WITH COMPARATIVE ACTUAL TOTALS FOR 2014) REVENUES Fines and Fees Investment Earnings TOTAL REVENUES EXPENDITURES Current: Public Safety TOTAL EXPENDITURES Excess (Deficiency) of Revenues Over (Under) Expenditures OTHER SOURCES (USES) Transfers Out TOTAL OTHER SOURCES 75,000 75,000 120,571 (45,571) 11,049 75,000 75,000 120,571 (45,571) 11,049 (38,400) (38,400) (84,507) (46,107) 27,022 Net Change in Fund Balance (38,400) (38,400) (84,507) (33,229) (33,229) (46,107) (6,207) FUND BALANCE, BEGINNING 389,380 Variance with 389,380 - 395,587 2015 Final Budget- 2014 Budgeted Amounts Actual Positive Actual Original Final Amounts (Negative) Amounts $ 36,200 $ 36,200 $ 35,701 $ (499) $ 37,749 400 400 363 (37) 322 36,600 36,600 36,064 (536) 38,071 75,000 75,000 120,571 (45,571) 11,049 75,000 75,000 120,571 (45,571) 11,049 (38,400) (38,400) (84,507) (46,107) 27,022 Net Change in Fund Balance (38,400) (38,400) (84,507) (33,229) (33,229) (46,107) (6,207) FUND BALANCE, BEGINNING 389,380 389,380 389,380 - 395,587 FUND BALANCE, ENDING $ 350,980 $ 350,980 $ 304,873 $ (46,107) $_389380 83 CITY OF SCHERTZ, TEXAS SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET TO ACTUAL LIBRARY ADVISORY BOARD FOR THE YEAR ENDED SEPTEMBER 30, 2015 (WITH COMPARATIVE ACTUAL TOTALS FOR 2014) REVENUES Service Fees Investment Earnings Miscellaneous TOTAL REVENUES EXPENDITURES Current: Cultural TOTAL EXPENDITURES Net Change in Fund Balance Variance with 2015 Final Budget- Budgeted Amounts Actual Positive Original Final Amounts (Negative) $ 21,000 $ 21,000 $ 22,064 $ 1,064 60 60 74 14 2,000 2,000 1,824 (176) 23,060 23,060 23,962 902 2014 Actual $ 21,686 58 30,000 30,000 25,710 4,290 21,257 30,000 30,000 25,710 4,290 21,257 (6,940) (6,940) (1,748) 5,192 538 FUND BALANCE, BEGINNING 68,531 68,531 68,531 - 67,993 FUND BALANCE, ENDING $ 61,591 $ 61,591 $ 66,783 $ 5,192 $ 68,531 84 CITY OF SCHERTZ, TEXAS SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET TO ACTUAL HISTORICAL COMMITTEE FUND FOR THE YEAR ENDED SEPTEMBER 30, 2015 (WITH COMPARATIVE ACTUAL TOTALS FOR 2014) REVENUES Sale of Merchandise TOTAL REVENUES EXPENDITURES Current General Government TOTAL EXPENDITURES Excess (Deficiency) of Revenues Over (Under) Expenditures Budgeted Amounts Original Final Variance with 2015 Final Budget- Actual Positive Amounts (Negative) $ 1,172 $ 922 1,172 922 2014 Actual 11,100 11,100 10,020 1,080 2,577 11,100 11,100 10,020 1,080 2,577 (10,850) (10,850) (8,848) 2,002 (2,416) OTHER FINANCING SOURCES (USES) Transfers In 10,850 10,850 9,285 (1,565) 2,421 TOTAL OTHER FINANCING SOURCES (USES) 10,850 10,850 9,285 (1,565) 2,421 Net Change in Fund Balance - - 437 437 5 FUND BALANCE, BEGINNING 9,567 9,567 9,567 - 9,562 FUND BALANCE, ENDING $ 9,567 $ 9,567 $ 10,004 $ 437 $ 9,567 85 CITY OF SCHERTZ, TEXAS SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET TO ACTUAL PARKS AND RECREATION FOUNDATION FOR THE YEAR ENDED SEPTEMBER 30, 2015 (WITH COMPARATIVE ACTUAL TOTALS FOR 2014) OTHER FINANCING SOURCES (USES) Transfers In 23,500 23,500 43,500 20,000 23,500 TOTAL OTHER FINANCING SOURCES (USES) 23,500 23,500 43,500 20,000 23,500 Net Change in Fund Balance 6,950 6,950 (5,084) (12,034) Variance with FUND BALANCE, BEGINNING 112,507 112,507 112,507 - 2015 Final Budget- 2014 FUND BALANCE, ENDING Budgeted Amounts Actual Positive Actual Original Final Amounts (Negative) Amounts REVENUES Charges and Fees at Events $ 246,500 $ 246,500 $ 165,170 $ (81,330) $ 149,427 Investment Earnings 50 50 59 9 48 Miscellaneous Income and Donations 34,800 34,800 51,096 16,296 77,979 TOTAL REVENUES 281,350 281,350 216,325 (65,025) 227,454 EXPENDITURES Current Parks and Recreation 297,900 297,900 249,269 48,631 184,465 Capital Outlay - - 15,640 (15,640) 86,606 TOTAL EXPENDITURES 297,900 297,900 264,909 32,991 271,071 Excess (Deficiency) of Revenues Over (Under) Expenditures (16,550) (16,550) (48,584) (32,034) (43,617) OTHER FINANCING SOURCES (USES) Transfers In 23,500 23,500 43,500 20,000 23,500 TOTAL OTHER FINANCING SOURCES (USES) 23,500 23,500 43,500 20,000 23,500 Net Change in Fund Balance 6,950 6,950 (5,084) (12,034) (20,117) FUND BALANCE, BEGINNING 112,507 112,507 112,507 - 132,624 FUND BALANCE, ENDING $ 119,457 $ 119,457 $ 107,423 $ (12,034) $_112,507 86 STATISTICAL SECTION This part of the City of Schertz's annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the City's overall financial health. Financial Trends (Tables I through 4) Net Position by Component Change in Net Position Fund Balances, Governmental Funds Changes in Fund Balances, Governmental Funds These schedules contain trend information to help reader understand how the City's financial performance and well -being have changed over time. Revenue Capacity (Tables S through 12� Tax Revenues by Source, Governmental Funds Total Water and Sewer Consumption and Rates Principal Water and Sewer Consumers Assessed Value and Estimated Actual Value of Taxable Property Direct and Overlapping Property Tax Rates Principal Property Taxpayers Property Tax Levies and Collections Taxable Assessed Value These schedules contain information to help readers assess the factors affecting the City's ability to generate its property and sales tax. Debt Capacity (Tables 13 through 17) Ratios of Outstanding Debt by Type Ratios of General Bonded Debt Outstanding Direct and Overlapping Governmental Activities Debt Debt Margin Information Pledged Revenue Coverage These schedules present information to help the reader assess the affordability of the City's current levels of outstanding debt and the City's ability to issue additional debt in the future. Demographic and Economic Information (Tables 18 through 19) Demographic and Economic Statistics Principal Employers These schedules offer demographic and economic indicators to help the reader understand how the City's financial activities take place and to help make comparisons over time and with other governments. perating Information (Tables 20 through 22) Full -time Equivalent City Government Employees by Function Operating Indicators by Function/Program Capital Asset Statistics by Function/Program These schedules contain information about the City's operations and resources to help the reader understand how the City's financial information relates to the services the City provides and the activities it performs. 87 CITY OF SCHERTZ, TEXAS NET POSITION, BY COMPONENT LAST TEN FISCAL YEARS Governmental Activities Net Investment in Capital Assets Restricted Unrestricted Total Governmental Activities Net Position Business -Type Activities Net Investment in Capital Assets Restricted Unrestricted Total Business -Type Activities Net Position Primary Government Net Investment in Capital Assets Restricted Unrestricted Total Primary Government Net Position Fiscal Year 2006 2007 2008 2009 $ 13,257,031 $ 32,932,355 $ 47,327,175 $ 57,324,482 15,888,549 663,973 1,058,514 1,170,786 10,373,267 13,763,070 11,029,326 3,650,287 $ 39,518,847 $ 47,359,398 $ 59,415,015 $ 62,145,555 $ 24,783,839 $ 18,788,933 $ 41,350,184 $ 50,047,301 1,253,711 1,995,213 - - 9,879,126 23,658,181 10,286,447 3,633,244 $ 35,916,676 $ 44,442,327 $ 51,636,631 $ 53,680,545 $ 38,040,870 $ 51,721,288 $ 88,677,359 $ 107,371,783 17,142,260 2,659,186 1,058,514 1,170,786 20,252,393 37,421,251 21,315,773 7,283,531 $ 75,435,523 $ 91,801,725 $ 111,051,646 $ 115,826,100 *Note — GASB Statement No. 68 has been prospectively implemented in year -end 2015. 88 TABLE 1 Fiscal Year 2010 2011 2012 2013 2014 2015* $ 54,010,139 $ 55,415,699 $ 56,616,809 $ 57,543,618 $ 62,792,671 $ 68,125,738 897,324 2,089,971 1,917,098 7,788,354 10,401,728 13,343,280 7,548,859 7,370,101 8,907,326 6,645,418 8,613,239 1,640,519 $ 62,456,322 $ 64,875,771 $ 67,441,233 $ 71,977,390 $ 81,807,638 $ 83,109,537 $ 50,778,490 $ 51,838,589 $ 50,161,157 $ 53,071,836 $ 53,674,437 $ 59,625,205 4,217,098 7,441,722 11,577,645 11,902,282 16,450,988 14,243,922 $ 54,995,588 $ 59,280,311 $ 61,738,802 $ 64,974,118 $ 70,125,425 $ 73,869,127 $ 104,788,629 $ 107,254,288 $ 106,777,966 $ 110,615,454 $ 116,467,108 $ 127,750,943 897,324 2,089,971 1,917,098 7,788,354 10,401,728 13,343,280 11,765,957 14,811,823 20,484,971 18,547,700 25,064,227 15,884,441 $ 117,451,910 $ 124,156,082 $ 129,180,035 $ 136,951,508 $ 151,933,063 $ 156,978,664 89 CITY OF SCHERTZ, TEXAS CHANGE IN NET POSITION LAST TEN FISCAL YEARS Fiscal Year 2006 2007 2008 2009 Expenses Governmental Activities General Government $ 3,982,768 Public Safety 6,403,122 Public Environment 856,260 Parks and Recreation 384,696 Cultural 400,630 Health 231,149 Administration 547,206 Interest and Other Fees 823,818 Total Governmental Activities Expenses 13,629,649 Business -Type Activities $ 5,808,552 5,920,046 1,864,450 944,529 454,662 272,730 897,628 1,420,086 17,582,683 $ 7,093,762 7,227,406 2,300,425 1,184, 866 492,991 330,736 1,364,194 1,984,151 21,978,531 $ 7,987,977 7,755,056 2,740,755 1,193,525 769,928 377,125 734,584 1,818,984 23,377,934 Water and Sewer 9,821,823 9,502,039 12,379,584 13,568,065 EMS 3,474,249 5,114,911 2,976,112 3,365,544 Total Business -Type Activities 13,296,072 14,616,950 15,355,696 16,933,609 Total Primary Government Expenses $ 26,925,721 $ 32,199,633 $ 37,334,227 $ 40,311,543 Program Revenues Governmental Activities Charges for Service: General Government Public Safety Parks and Recreation Cultural Health Operating Grants and Contributions Capital Grants and Contributions Total Governmental Aactivities Program Revenues Business -Type Activities Charges for Service: Water and Sewer EMS Capital Grants and Contributions Total Business -Type Activities Program Revenues Total Primary Government Program Revenues $ 810,142 1,684,786 143,254 151,028 44,178 1,573,944 5,382,779 $ 1,448,032 1,307,295 196,436 210,417 33,148 497,219 5,789,432 $ 1,497,472 1,643,635 155,168 219,749 41,390 595,401 12,595,635 $ 1,720,279 1,481,004 273,917 219,029 33,930 1,044,884 3,023,377 9,790,111 9,481,979 16,748,450 7,796,420 11,223,658 13,007,618 13,620,440 14,668,137 3,904,818 5,017,343 3,150,428 2,889,518 3,148,100 2,755,376 5,190,039 2,241,726 18,276,576 $ 28,066,687 20,780,337 $ 30,262,316 21,960,907 $ 38,709,357 *Note — GASB Statement No. 68 has been prospectively implemented in year -end 2015. 90 19,799,381 $ 27,595,801 Fiscal Year 2010 2011 2012 2013 2014 $ 7,892,516 7,897,298 2,966,642 1,593,075 809,323 345,455 1,084,430 2,230,452 24,819,191 14,434,709 3,690,007 18,124,716 $ 42,943,907 TABLE 2 2015 $ 8,112,954 $ 7,802,092 $ 7,066,087 $ 6,958,530 $ 6,443,227 8,390,740 9,103,676 9,567,595 10,025,703 10,836,712 3,152,119 3,586,087 3,622,834 3,740,538 3,876,644 1,673,098 1,584,605 1,807,559 1,807,136 2,164,604 876,339 916,967 907,676 870,159 892,194 374,516 357,658 344,647 407,114 470,468 1,321,055 1,117,044 1,180,656 1,942,312 1,845,877 2,251,472 2,302,912 3,340,951 2,352,856 2,226,635 26,152,293 26,771,041 27,838,005 28,104,348 28,756,361 15,280, 871 16,349,967 16,954,871 17,762,116 18,440,959 3,659,031 3,758,425 3,959,445 4,268,125 4,719,526 18,939,902 20,108,392 20,914,316 22,030,241 23,160,485 $ 45,092,195 $ 46,879,433 $ 48,752,321 $ 50,134,589 $ 51,916,846 $ 1,905,600 $ 1,495,563 $ 2,286,488 $ 2,230,800 $ 1,974,637 $ 1,840,547 1,986,536 2,815,029 2,216,385 2,516,547 2,536,476 2,603,476 536,609 524,443 541,512 721,222 917,639 794,003 265,714 228,242 279,267 305,932 309,897 325,178 36,728 39,743 36,746 38,149 32,429 26,744 587,643 717,105 764,997 234,084 220,264 336,252 1,276,465 2,998,115 1,178,573 1,531,740 5,756,456 5,509,530 6,595,295 8,818,240 7,303,968 7,578,474 11,747,798 11,435,730 15,147,332 3,061,414 973,437 19,182,183 $ 25,777,478 17,073,075 3,564,852 2,175,889 22,813,816 $ 31,632,056 17,411,568 17,696,327 19,147,872 20,700,369 3,561,114 4,459,600 4,533,753 4,415,126 828,853 1,301,235 2,809,110 4,158,552 21,801,535 23,457,162 26,490,735 29,274,047 $ 29,105,503 $ 31,035,636 $ 38,238,533 $ 40,709,777 91 CITY OF SCHERTZ, TEXAS CHANGE IN NET POSITION (CONTINUED) LAST TEN FISCAL YEARS Fiscal Year 2006 2007 2008 2009 Net (Expenses) Revenue Governmental Activities $ (3,839,538) $ (8,100,704) $ (5,230,081) $ (15,581,514) Business -Type Activities 4,980,504 6,163,387 6,605,211 2,865,772 Total Primary Government Net Expenses $ 1,140,966 $ (1,937,317) $ 1,375,130 $ (12,715,742) Governmental Revenues and Other Changes in Net Position Governmental Activities Taxes: Ad Valorem Sales Franchise Fees Hotel /Motel Mixed Drink Bingo Unrestricted Investment Earnings Miscellaneous Transfers Total Governmental Activities Business -Type Activities Interest and Investment Earnings Miscellaneous Transfers Total Business -Type Activities Total Primary Government Changes In Net Position Government Activities Business -Type Activities Total Primary Government $ 5,705,805 $ 7,309,127 $ 7,841,928 $ 8,980,102 4,704,960 6,026,675 6,175,759 6,017,782 961,462 1,004,116 1,240,642 1,462,199 202,108 259,176 273,558 305,073 20,068 29,451 32,364 31,790 5,124 6,781 4,751 5,105 608,587 1,606,976 1,310,310 364,648 112,306 923,574 293,763 84,748 510,098 (1,224,621) - 1,060,607 12, 830,518 15,941,255 17,173,075 18,312,054 473,205 976,595 522,595 128,233 195,409 161,048 179,121 110,516 (510,098) 1,224,621 - (1,060,607) 158,516 2,362,264 701,716 (821,858) $ 12,989,034 $ 18,303,519 $ 17,874,791 $ 17,490,196 $ 8,990,980 $ 7,840,551 $ 11,942,994 $ 2,730,540 5,139,020 8,525,651 7,306,927 2,043,914 $ 14,130,000 $ 16,366,202 $ 19,249,921 $ 4,774,454 92 TABLE 2 (Continued) Fiscal Year 2010 2011 2012 2013 2014 2015 $ (18,223,896) $ (17,334,053) $ (19,467,073) $ (20,259,531) $ (16,356,550) $ (17,320,631) 1,057,467 3,873,914 1,693,143 2,542,846 4,460,494 6,113,562 $ (17,166,429) $ (13,460,139) $ (17,773,930) $ (17,716,685) $ (11,896,056) $ (11,207,069) $ 9,715,645 $ 10,280,768 $ 11,298,204 $ 12,359,146 $ 12,794,172 $ 14,139,037 6,240,749 7,054,394 7,968,212 9,637,097 10,553,382 10,315,125 1,448,620 1,542,046 1,647,712 1,681,079 2,073,162 2,263,783 348,147 391,181 470,290 503,267 552,570 563,734 32,144 33,630 28,586 30,421 39,917 43,656 4,651 2,173 - - - - 117,776 48,235 60,265 54,270 43,729 56,820 611,510 316,840 621,560 505,268 180,316 197,881 15,421 84,235 (62,294) 25,140 (50,000) (42,235) 18,534,663 19,753,502 22,032,535 24,795,688 26,187,248 27,537,801 36,824 37,950 36,409 53,089 31,810 47,728 236,173 457,094 666,645 664,521 609,003 344,731 (15,421) (84,235) 62,294 (25,140) 50,000 42,235 257,576 410,809 765,348 692,470 690,813 434,694 $ 18,792,239 $ 20,164,311 $ 22,797,883 $ 25,488,158 $ 26,878,061 $ 27,972,495 $ 310,767 $ 2,419,449 $ 2,565,462 $ 4,536,157 $ 9,830,698 $ 10,217,170 1,315,043 4,284,723 2,458,491 3,235,316 5,151,307 6,548,256 $ 1,625,810 $ 6,704,172 $ 5,023,953 $ 7,771,473 $ 14,982,005 $ 16,765,426 93 CITY OF SCHERTZ, TEXAS FUND BALANCES - GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS 94 Fiscal Year 2006 2007 2008 2009 Nonspendable Fund Balance: Inventory $ 16,706 $ 67,333 $ 46,014 $ 44,217 Prepaid Items - - - - Note Receivable - - - - Total Nonspendable Fund Balance 16,706 67,333 46,014 44,217 Restricted Fund Balance: Police and Public Safety 304,378 352,791 394,122 355,451 Municipal Court 205,344 191,663 269,961 332,117 PEG Capital Fees - - - - Capital Improvement 15,134,814 17,612,092 16,416,440 14,342,553 Debt Service 347,739 556,884 429,289 444,369 Tourism Development 378,823 470,743 502,883 180,710 Tree Mitigation 343,091 271,071 271,071 191,834 Parks 286,072 180,223 169,529 120,501 Historical Committee & Library 36,261 46,784 68,207 163,661 Economic Development Corporation 1,450,801 2,014,135 2,331,951 2,543,010 Scholarships - - - - Total Restricted Fund Balance 18,487,323 21,696,386 20,853,453 18,674,206 Committed Fund Balance: Capital Improvement - - - - Total Assigned Fund Balance - - - - Assigned Fund Balance: Property Replacement - 579,708 400,247 201,850 Special Events - 127,500 88,778 62,263 Capital Improvement - - - - Recycling 12,733 6,780 14,748 - Historical Committee - - - 10,149 Youth Activities - - - - Total Assigned Fund Balance 12,733 713,988 503,773 274,262 Unassigned Fund Balance 7,202,709 8,876,682 5,269,890 1,209,451 Total Governmental Funds $ 25,719,471 $ 31,354,389 $ 26,673,130 $ 20,202,136 94 TABLE 3 Fiscal Year $ 46,473 $ 43,504 $ 63,556 $ 50,768 $ 88,518 $ 101,084 - - 2,367 754,443 21,735 16,000 150,000 120,080 120,080 120,080 - - 196,473 163,584 186,003 925,291 110,253 117,084 421,265 403,799 338,118 496,890 529,264 494,337 402,744 459,244 527,513 646,422 628,459 683,558 - 317,453 409,870 456,175 489,509 509,535 3,914,323 10,219,300 17,104,595 15,360,800 9,600,028 8,924,587 286,215 117,250 227,674 517,199 625,435 847,178 250,379 301,517 390,561 470,250 501,996 848,969 164,424 173,999 217,600 157,659 359,205 331,149 79,317 84,329 90,718 136,647 304,655 341,551 200,359 231,686 65,409 77,554 78,098 76,787 3,548,067 3,394,850 4,366,005 6,022,128 7,792,578 9,821,747 - - - - 54,176 60,944 9,267,093 15,703,427 23,738,063 24,341,724 20,963,403 22,940,342 - - - 165,000 31,718 - - - - 165,000 31,718 - 202,341 202,723 322,656 456,034 694,916 785,005 142,465 93,447 92,555 99,770 31,177 6,657 - 162,113 243,546 145,167 - - 9,940 9,940 - - - - - - 11,090 - - - 354,746 468,223 669,847 700,971 726,093 791,662 1,372,779 1,899,105 2,560,667 4,206,734 5,587,262 7,280,240 $ 11,191,091 $ 18,234,339 $ 27,154,580 $ 30,339,720 $ 27,418,729 $ 31,129,328 95 CITY OF SCHERTZ, TEXAS CHANGES IN FUND BALANCES, GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS REVENUES Taxes Permits and Fees Service Fees Fines and Fees Intergovernmental Other Revenue TOTAL REVENUES EXPENDITURES Current: General Government Public Safety Public Environment Parks and Recreation Cultural Health Administration Capital Outlay Debt Service: Principal Interest and Fiscal Charges Bond Issue Costs TOTAL EXPENDITURES Excess (Deficiency) of Revenues Over (Under) Expenditures OTHER FINANCING SOURCES (USES) Bonds & Debt Issuances Premium (Discount) on Bond Issue Payment to Refund Agent Transfers In Transfers (Out) TOTAL OTHER FINANCING SOURCES (USES) NET CHANGE IN FUND BALANCE Debt Service as a percentage of Noncapital Expenditures Fiscal Year 2006 2007 2008 2009 $ 12,122,079 $ 15,093,799 $ 15,583,058 $ 16,786,590 1,475,619 1,062,054 992,953 822,105 1,322,743 1,230,634 1,018,197 973,781 1,157,480 1,397,101 1,387,677 1,517,821 26,058 267,420 4,376,072 1,444,966 767,075 2,510,021 1,864,877 1,066,097 16,871,054 21,561,029 25,222,834 22,611,360 2,934,800 4,994,598 6,184,705 6,765,315 5,020,684 5,665,671 6,638,352 7,235,501 558,020 655,930 745,307 884,158 604,521 843,870 800,079 869,166 388,679 443,455 667,995 821,048 216,655 263,918 295,156 348,448 903,154 1,115,737 1,517,785 941,675 6,127,735 5,504,679 19,189,505 14,963,950 1,499,270 1,586,092 2,025,043 4,816,928 799,738 1,380,444 1,617,876 1,987,384 165,125 63,969 122,290 191,066 19,218,381 22,518,363 39,804,093 39,824,639 (2,347,327) (957,334) (14,581,259) (17,213,279) 15,319,996 8,306,805 9,900,000 9,681,678 123,057 - - - 529,598 354,150 593,294 2,778,593 (224,500) (2,068,703) (593,294) (1,717,986) 15,748,151 6,592,252 9,900,000 10,742,285 $ 13,400,824 $ 5,634,918 $ (4,681,259) $ (6,470,994) 17.6% 16.1% 14.6% 26.1% 96 TABLE 4 Fiscal Year 2010 2011 2012 2013 2014 2015 $ 17,811,547 $ 19,309,675 $ 21,401,991 $ 24,181,863 $ 26,021,730 $ 27,348,297 1,160,197 1,776,292 1,363,461 1,609,954 1,805,047 1,731,302 1,492,130 1,645,489 1,547,007 1,739,387 1,763,964 1,797,151 1,655,183 1,452,610 2,027,613 1,927,744 1,750,311 1,534,588 570,386 1,216,211 1,000,413 492,332 221,769 393,607 1,161,182 603,498 969,921 767,110 671,731 689,805 23,850,625 26,003,775 28,310,406 30,718,390 32,234,552 33,494,750 6,989,561 7,164,667 7,094,834 6,311,276 5,981,439 5,582,441 7,409,720 7,885,119 8,690,849 9,113,840 9,409,894 10,158,401 816,939 846,150 976,327 951,528 1,012,607 952,663 1,178,455 1,195,171 1,398,692 1,412,329 1,338,232 1,658,197 872,668 937,611 845,124 840,595 815,691 821,146 331,860 360,746 346,318 341,961 394,918 404,008 1,251,368 1,506,831 1,249,557 1,289,078 2,270,041 2,056,646 11,347,876 2,956,511 1,299,843 3,277,397 8,000,467 2,314,668 1,893,086 2,371,070 2,704,898 3,217,325 3,695,597 3,918,008 2,183,852 2,066,221 2,313,510 2,381,171 2,108,610 2,112,746 20,000 244,237 254,971 31,750 165,650 7,992 34,295,385 27,534,334 27,174,923 29,168,250 35,193,146 29,986,916 (10,444,760) (1,530,559) 1,135,483 1,550,140 (2,958,594) 3,507,834 1,418,294 8,206,572 14,370,000 1,635,000 8,583,715 245,000 - 283,000 175,473 - 686,137 - - - (6,698,421) - (9,182,250) - 242,539 348,846 139,635 788,084 1,243,833 989,120 (227,118) (264,611) (201,929) (788,084) (1,293,832) (1,031,355) 1,433,715 8,573,807 7,784,758 1,635,000 37,603 202,765 $ (9,011,045) $ 7,043,248 $ 8,920,241 $ 3,185,140 $ (2,920,991) $ 3,710,599 17.7% 17.4% 19.5% 21.6% 21.3% 21.9% 97 CITY OF SCHERTZ, TEXAS TAX REVENUE BY SOURCE — GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS 98 TABLE 5 Fiscal Mixed Hotel Total Year Property Sales & Use Franchise Beverage Bingo Occupancy Revenue 2015 $ 14,161,999 $ 10,315,125 $ 2,263,783 $ 43,553 $ 103 $ 563,734 $ 27,348,297 2014 12,802,668 10,553,382 2,073,162 39,917 31 552,570 26,021,730 2013 12,329,999 9,637,097 1,681,079 30,421 - 503,267 24,181,863 2012 11,287,191 7,968,212 1,647,712 28,586 - 470,290 21,401,991 2011 10,286,251 7,054,394 1,542,046 33,630 2,173 391,181 19,309,675 2010 9,737,236 6,240,749 1,448,620 32,144 4,651 348,147 17,811,547 2009 8,964,642 6,017,781 1,462,199 31,790 5,105 305,073 16,786,590 2008 7,855,984 6,175,759 1,240,642 32,364 4,751 273,558 15,583,058 2007 7,767,600 6,026,675 1,004,116 29,451 6,781 259,176 15,093,799 2006 6,261,532 4,671,785 961,462 20,068 5,124 202,108 12,122,079 98 CITY OF SCHERTZ, TEXAS TOTAL WATER AND SEWER CONSUMPTION AND RATES LAST TEN FISCAL YEARS Fiscal Year Ended September 30, 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 Total Water & Sewer Consumption (In Gallons) 1,477,570,300 1,549,888,700 1,550,039,700 1,604,952,300 1,676,323,900 1,231,376,600 1,511,567,900 855,779,200 614,508,100 714,230,400 99 Water & Sewer Base Rate 19.71 19.32 18.94 18.94 18.94 18.94 18.94 15.94 15.94 15.94 Water & Sewer Initial Rate Per 1,000 Gallons $ 2.43 2.39 2.34 2.34 2.34 2.25 2.16 1.92 1.72 1.69 TABLE 6 CITY OF SCHERTZ, TEXAS PRINCIPAL WATER AND SEWER CONSUMERS CURRENT YEAR AND NINE YEARS AGO 100 TABLE 7 2015 2006 Total Percentage of Total Percentage of Water Total City Water Total City Consumption Water Consumption Water Consumers (in Gallons) Rank Consumption (in Gallons) Rank Consumption Caterpillar Inc. 15,705,500 1 1.01% Schertz 1518 11,373,500 2 0.73% Beck Readymix 9,916,200 3 0.64% 4,930,800 1 0.88% Sycamore Creek Apartments 9,908,400 4 0.64% SYSCO 8,754,100 5 0.56% Big Time Management Properties 8,497,800 6 0.55% Sebastian Apartments 8,002,100 7 0.52% Pecan Grove TX LLC 7,717,900 8 0.50% 2,176,000 3 0.39% City of Schertz (Ball Park) 7,271,400 9 0.47% Caterpillar Inc. 6,426,400 10 0.41% Wal -mart Supercenter 3,052,600 2 0.54% Sprint PCS 2,073,200 4 0.37% Manco Structures LTD 1,812,600 5 0.32% Val Verde 1,787,900 6 0.32% H2 Auto Inc. 1,623,700 7 0.29% Diamond Shamrock 1,542,400 8 0.27% The Oak at Green Valley 1,365,300 9 0.24% Republic Beverage Company 1,340,800 10 0.24% TOTAL 93,573,300 6.03% 21,705,300 3.85% Total City Water Consumption 1,552,387,300 563,511,000 100 CITY OF SCHERTZ, TEXAS ASSESSED VALUE AND ESTIMATED ACTUAL VALUE OF TAXABLE PROPERTY LAST TEN FISCAL YEARS TABLE 8 Fiscal Year Ended September 30, Total Taxable Assessed Value Total Direct Tax Rate 2015 $ 31037,267,611 0.4974 2014 2,752,562,574 0.4974 2013 2,600,365,551 0.4999 2012 2,411,270,623 0.4843 2011 21363,893,708 0.4493 2010 2,342,355,490 0.4342 2009 2,230,825,045 0.4090 2008 2,221,073,744 0.4090 2007 11893,240,916 0.4317 2006 1,621,059,759 0.3977 Source: Bexar, Comal and Guadalupe County Appraisal Districts NOTES: Property in the City of Schertz is reassessed every year at estimated actual value. For this reason, assessed value is equal to estimated actual value. Tax rates are per $100 of assessed value. Total taxable assessed value is before any applicable freeze adjustments. 101 Source NOTE: Fiscal Year 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 Fiscal Year 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 CITY OF SCHERTZ, TEXAS DIRECT AND OVERLAPPING PROPERTY TAX RATES LAST TEN FISCAL YEARS (UNAUDITED) City Direct Rates Overlapping School Districts Schertz- Cibolo- Basic Debt Universal Comal Rate Service Total City ISD ISD 0.3010 0.1964 0.4974 1.4900 1.3900 0.3010 0.1964 0.4974 1.4900 1.4300 0.2993 0.2006 0.4999 1.4600 1.4300 0.2993 0.1850 0.4843 1.4350 1.4300 0.2993 0.1500 0.4493 1.4350 1.3700 0.2842 0.1500 0.4342 1.4200 1.3100 0.2590 0.1500 0.4090 1.3850 1.3100 0.2590 0.1500 0.4090 1.3150 1.3100 0.2805 0.1512 0.4317 1.6100 1.6400 0.3005 0.0972 0.3977 1.7200 1.8000 County 0.3145 0.3269 0.3269 0.3269 0.3269 0.3269 0.3269 0.3269 0.3269 0.3312 Hospital District 0.2762 0.2762 0.2762 0.2762 0.2762 0.2662 0.2610 0.2374 0.2439 0.2439 TABLE 9 Overlapping Counties Bexar Comal Guadalupe River Authority 0.0175 0.0178 0.0174 0.0174 0.0167 0.0160 0.0160 0.0160 0.0160 0.0164 Bexar, Comal and Guadalupe County Tax Offices Community College District 0.1492 0.1492 0.1492 0.1416 0.1416 0.1359 0.1359 0.1346 0.1371 0.1071 County 0.3429 0.3504 0.3504 0.3504 0.3340 0.3130 0.3080 0.3180 0.3152 0.3537 County 0.3941 0.3999 0.4036 0.4036 0.3999 0.3895 0.3895 0.3895 0.4031 0.4031 Overlapping rates are those of local and county governments that apply within the City of Schertz. Not all overlapping rates apply to all City of Schertz property owners. 102 CITY OF SCHERTZ, TEXAS PRINCIPAL PROPERTY TAX PAYERS CURRENT YEAR AND NINE YEARS AGO 2015 Source: Bexar, Comal and Guadalupe County Appraisal Districts 103 TABLE 10 2006 Percentage Taxable of of Assessed Total City Taxpayer Value Rank Caterpillar Inc. $ 157,733,450 1 SYSCO San Antonio, Inc. 100,587,449 2 Republic Beverage Co. Distribution 48,082,040 3 San Antonio MTA LP 23,253,974 4 GE Oil & Gas Inc. 19,500,000 5 Visionary Properties 18,058,140 6 Wal -Mart Real Estate Business Trust 12,459,300 7 H.E.Butt Grocery Co. 11,301,240 8 EM Limited Partnership 9,875,405 9 Case Cameron LLC 5,878,860 10 Block Distributing, Inc. Sprint Spectrum, LP Verde Tri County, LTD Eye Care Centers of America, Inc. Prologis North American Properties Atlantic Financial Group LTD Wal -Mart Real Estate Business Trust Legacy Oaks Apartments, Ltd. TOTALS $ 406,729,858 TOTAL TAXABLE ASSESSED VALUE $ 3,037,267,611 Source: Bexar, Comal and Guadalupe County Appraisal Districts 103 TABLE 10 2006 Percentage Percentage of of Total City Total City Taxable Taxable Taxable Assessed Assessed Assessed Value Value Rank Value 5.19% 3.31% 1.58% 0.77% $ 28,007,240 1 1.73% 0.64% 0.59% 0.41% 0.37% 9,793,856 6 0.60% 0.33% 0.19% 19,686,530 2 1.21% 13,846,660 3 0.85% 12,570,214 4 0.78% 11,081,946 5 0.68% 8,157,730 7 0.50% 8,072,983 8 0.50% 7,897,206 9 0.49% 7,693,601 10 0.47% 13.39% $ 126,807,966 7.82% $ 1,621,059,759 CITY OF SCHERTZ, TEXAS PROPERTY TAX LEVIES AND COLLECTIONS LAST TEN FISCAL YEARS (UNAUDITED) Source: Guadalupe County Tax Office 104 TABLE 11 Collected Within Total Collections Fiscal Year Taxes Levied Fiscal Year of Levy Collections In To Date Ended for the % of Subsequent % of September 30, Fiscal Year Amount Levy Years Amount Levy 2015 $ 14,793,867 $ 14,738,760 99.63% $ - $ 14,738,760 99.63% 2014 13,383,759 13,297,258 99.35% 40,404 13,337,662 99.66% 2013 12,536,540 12,455,336 99.35% 32,527 12,487,863 99.61% 2012 11,239,572 11,159,974 99.29% 74,228 11,234,202 99.95% 2011 9,978,430 9,895,240 99.17% 74,023 9,969,263 99.91% 2010 9,639,945 9,559,899 99.17% 70,336 9,630,235 99.90% 2009 8,800,927 8,703,978 98.90% 87,668 8,791,646 99.89% 2008 7,793,405 7,711,714 98.95% 74,754 7,786,468 99.91% 2007 7,048,818 6,957,827 98.71% 81,415 7,039,242 99.86% 2006 5,645,611 5,576,559 98.78% 63,882 5,640,441 99.91% Source: Guadalupe County Tax Office 104 CITY OF SCHERTZ, TEXAS TAXABLE ASSESSED VALUE LAST TEN FISCAL YEARS (UNAUDITED) *Taxable Assessed Value is before any applicable freeze adjustments. Source: Bexar, Comal, and Guadalupe County Appraisal Districts. 105 TABLE 12 Fiscal Year Taxable Total Taxable Total Ended Value Residential Commercial Tax- Exempt Other Assessed Direct September 30, January 1, Property Property Property Property Value* Tax Rate 2015 2014 $ 1,568,651,309 $ 1,793,803,709 $ (460,271,461) $ 135,084,054 $ 3,037,267,611 0.4974 2014 2013 1,445,731,509 1,540,565,195 (340,747,650) 107,013,520 2,752,562,574 0.4974 2013 2012 1,383,423,359 1,396,349,905 (285,245,142) 105,837,429 2,600,365,551 0.4999 2012 2011 1,337,223,390 1,233,687,039 (262,591,896) 102,952,090 2,411,270,623 0.4843 2011 2010 1,272,970,256 1,253,600,729 (280,015,063) 117,337,786 2,363,893,708 0.4493 2010 2009 1,234,950,439 1,237,284,878 (251,217,268) 121,337,441 2,342,355,490 0.4342 2009 2008 1,169,845,869 1,191,387,341 (248,544,582) 118,136,417 2,230,825,045 0.4090 2008 2007 1,096,587,777 1,276,925,393 (345,068,394) 192,628,968 2,221,073,744 0.4090 2007 2006 990,263,111 1,033,634,277 (271,404,640) 140,748,168 1,893,240,916 0.4317 2006 2005 901,544,236 810,987,398 (182,861,671) 91,389,796 1,621,059,759 0.3977 *Taxable Assessed Value is before any applicable freeze adjustments. Source: Bexar, Comal, and Guadalupe County Appraisal Districts. 105 CITY OF SCHERTZ, TEXAS RATIOS OF OUTSTANDING DEBT BY TYPE LAST TEN FISCAL YEARS NOTES: a Details regarding the City's outstanding debt can be found in the notes to the basic financial statements. b. See Table 18 for personal income and population data for the City. These ratios are calculated using personal income and population for the prior calendar year. 106 Governmental Activities General Certificates Certificates Fiscal Obligation of Tax Capital Revenue of Year Bonds Obligation Notes Lease Bonds Obligation 2015 $ 53,410,128 $ 277,801 $ 1,210,000 $ 91,495 $ - $ 8,955,753 2014 55,300,000 543,934 1,585,000 123,370 - 9,436,066 2013 58,060,000 801,767 2,155,000 22,398 2,215,000 5,048,233 2012 60,205,000 1,581,300 190,000 60,190 2,355,000 5,383,700 2011 47,505,000 8,625,800 250,000 97,188 2,490,000 5,704,200 2010 37,530,000 12,415,650 310,000 133,408 5,460,000 6,149,350 2009 38,485,000 13,338,850 - - 5,805,000 6,571,150 2008 32,790,000 14,243,700 - 107,078 6,230,000 6,976,300 2007 23,950,000 15,232,893 - 215,854 6,645,000 7,237,107 2006 18,740,000 13,560,000 - 319,996 7,055,000 - NOTES: a Details regarding the City's outstanding debt can be found in the notes to the basic financial statements. b. See Table 18 for personal income and population data for the City. These ratios are calculated using personal income and population for the prior calendar year. 106 Business -Type Activities 5.99% 1,830 6.24% 1,956 6.44% 1,964 8.08% Public General 2,015 7.04% Total Facility Obligation Capital Tax Primary Loan Bonds Lease Notes Government $ - $ 3,490,564 $ 231,803 $ 1,640,000 $ 69,307,544 - 3,960,000 347,705 65,000 71,361,075 - 2,120,000 - 130,000 70,552,398 - 2,405,000 - 190,000 72,370,190 - 2,675,000 - 250,000 67,597,188 - - - 310,000 62,308,408 7,000 - - - 64,207,000 14,000 - - - 60,361,078 21,000 - - - 53,301,854 28,000 - - - 39,702,996 107 TABLE 13 Percent of Gross Income *Per Capita 5.99% 1,830 6.24% 1,956 6.44% 1,964 8.08% 2,098 7.95% 2,015 7.04% 1,916 7.03% 2,041 7.19% 1,883 6.02% 1,677 1.56% 1,262 CITY OF SCHERTZ, TEXAS RATIOS OF GENERAL BONDED DEBT OUTSTANDING LAST TEN FISCAL YEARS TABLE 14 Percentage of General Bonded Debt Outstanding Value of Per Property Capita General Certificates Available in 1,517 Fiscal Obligation of Debt Service 2.36% Year Bonds Obligation Funds Total 2.09% 2015 $ 53,410,128 $ 277,801 $ (847,178) $ 52,840,751 2014 55,300,000 543,934 (517,199) 55,326,735 2013 58,060,000 801,767 (227,674) 58,634,093 2012 60,205,000 1,581,300 (117,250) 61,669,050 2011 47,505,000 8,625,800 (286,215) 55,844,585 2010 37,530,000 12,415,650 (444,369) 49,501,281 2009 38,485,000 13,338,850 (429,289) 51,394,561 2008 32,790,000 14,243,700 (556,884) 46,476,816 2007 23,950,000 15,232,893 (347,739) 38,835,154 2006 18,740,000 13,560,000 (263,740) 32,036,260 TABLE 14 Percentage of Actual Taxable Value of Per Property Capita 1.74% 1,396 2.01% 1,517 2.25% 1,632 2.56% 1,788 2.36% 1,665 2.11% 1,522 2.30% 1,633 2.09% 1,450 2.05% 1,222 1.98% 1,019 NOTE: Details regarding the City's outstanding debt can be found in the notes to the basic financial statements. See Table 8 for the City's property tax value data. City population data can be found in Table 18. 108 CITY OF SCHERTZ, TEXAS DIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITIES DEBT CURRENT YEAR Governmental Unit Debt repaid with property taxes: Debt Outstanding Estimated Percentage Applicable* TABLE 15 Estimated Share of Overlapping Debt Alamo CCD $ 450,384,988 19.00% $ 85,573,148 Bexar County 1,163,579,737 19.00% 221,080,150 Bexar County Hospital District 702,750,441 19.00% 133,522,584 Comal County 48,492,694 4.45% 2,157,925 ComalISD 596,231,727 2.60% 15,502,025 Guadalupe County 10,900,000 21.31% 2,322,790 Schertz - Cibolo- Universal ISD 296,953,303 50.56% 150,139,589 Subtotal, Overlapping Debt City Governmental Activities Direct Debt TOTAL NET OVERLAPPING DEBT 610,298,211 52,840,751 $ 663,138,962 NOTES: The overlapping debt was received from the Municipal Advisory Council of Texas. Details regarding the City's outstanding debt can be found in the notes to the basic financial statements. 109 CITY OF SCHERTZ, TEXAS DEBT MARGIN INFORMATION LAST TEN FISCAL YEARS Assessed Value, 2014 Tax Roll Debt Limit - Texas statues do not provide a legal debt limit for cities; however, through accepted practice a practical "economic" debt limit is considered to be 10% of the assessed value. Amount of Applicable Debt: General Bonded Debt Less Debt Service Fund Balance DEBT MARGIN Total Net Debt as a Percentage of Debt Margin TABLE 16 $ 3,037,267,611 $ 303,726,761 $ 52,840,751 (847,178) 51,993,573 $ 251,733,188 20.65% 110 Fiscal Year 2012 2013 2013 Assessed Value $ 2,411,270,623 $ 2,600,365,551 $ 2,752,562,574 Debt Limit $ 241,127,062 $ 260,036,555 $ 275,256,257 Total Net Debt Applicable to Limit 60,973,626 60,499,568 56,803,499 Total Debt Margin $ 180,153,436 $ 199,536,987 $ 218,452,758 2009 2010 2011 Assessed Value $ 2,230,825,045 $ 2,342,355,490 $ 2,363,893,708 Debt Limit $ 223,082,505 $ 234,235,549 $ 236,389,371 Total Net Debt Applicable to Limit 50,414,481 48,819,435 55,298,550 Total Debt Margin $ 172,668,024 $ 185,416,114 $ 181,090,821 2006 2007 2008 Assessed Value $ 1,621,059,759 $ 1,893,240,916 $ 2,221,073,744 Debt Limit $ 162,105,976 $ 189,324,092 $ 222,107,374 Total Net Debt Applicable to Limit 18,392,261 23,488,500 45,466,903 Total Debt Margin $ 143,713,715 $ 165,835,592 $ 176,640,471 110 CITY OF SCHERTZ, TEXAS PLEDGED REVENUE COVERAGE LAST TEN FISCAL YEARS TABLE 17 Water Revenue Bonds NOTE: Details regarding the City's outstanding debt can be found in the notes to the basic financial statements. Operating expenses do not include depreciation, interest, amortization or joint venture expenses. 111 Utility Less: Net Debt Service Fiscal Service Operating Available Year Charges Expenses Revenue Principal Interest Coverage 2015 $ 20,700,369 $ 15,916,597 $ 4,783,772 $ 1,448,407 $ 428,912 2.55 2014 19,147,872 15,246,653 3,901,219 1,010,500 426,100 2.72 2013 17,696,327 14,553,274 3,143,053 728,800 359,680 2.89 2012 17,411,568 14,185,126 3,226,442 697,100 396,968 2.95 2011 16,843,780 13,229,037 3,614,743 577,824 409,801 3.66 2010 14,993,648 12,399,880 2,593,768 615,400 502,629 3.74 2009 14,533,390 9,973,940 4,559,450 685,400 534,634 3.74 2008 13,620,440 9,040,264 4,580,176 665,400 558,569 4.86 2007 13,476,288 7,896,319 5,579,969 645,800 501,397 5.82 2006 11,289,876 6,955,000 4,334,876 390,000 354,965 5.47 NOTE: Details regarding the City's outstanding debt can be found in the notes to the basic financial statements. Operating expenses do not include depreciation, interest, amortization or joint venture expenses. 111 CITY OF SCHERTZ, TEXAS DEMOGRAPHIC AND ECONOMIC STATISTICS LAST TEN FISCAL YEARS Sources: Population, personal income, median age and education level information provided by City Economic Development Corporation. School enrollment provided by Schertz- Cibolo- Universal City Independent School District. Unemployment data provided by Texas Workforce Commission. 112 TABLE 18 Education Per Capita Level in Personal Personal Median Years of School Unemployment Year Population Income Income Age Schooling Enrollment Rate 2015 37,865 $1,157,835,970 $ 30,578 36.1 15.6 15,009 2.9% 2014 36,477 1,144,465,875 31,375 36.9 15.4 14,515 3.2% 2013 35,929 1,095,331,494 30,486 37.1 15.4 14,058 5.1% 2012 34,499 895,739,206 25,964 36.8 15.4 13,016 5.5% 2011 33,544 850,069,800 25,342 37.8 15.4 12,533 5.6% 2010 32,523 885,015,876 27,212 34.4 15.4 12,330 5.7% 2009 31,465 913,919,790 27,923 36.5 13.9 11,700 5.1% 2008 32,057 839,701,058 26,194 35.1 14.0 10,991 5.0% 2007 31,788 885,836,196 27,867 36.3 14.0 9,470 4.0% 2006 31,452 2,543,051,460 80,855 36.1 18.0 8,380 4.4% Sources: Population, personal income, median age and education level information provided by City Economic Development Corporation. School enrollment provided by Schertz- Cibolo- Universal City Independent School District. Unemployment data provided by Texas Workforce Commission. 112 CITY OF SCHERTZ, TEXAS TOP TEN PRINCIPAL EMPLOYERS CURRENT YEAR AND EIGHT YEARS AGO TABLE 19 Source: City Economic Development Corporation Note: Principal employer information is not available prior to 2007 113 2015 2007 Percentage Percentage of Total City of Total City Employer Employees Employment Employees Employment Schertz /Cibolo/UC ISD 1,810 10.46% 1,300 9.47% Amazon.com 1,073 6.20% Sysco Central Texas 837 4.84% GE Oil & Gas 600 3.47% Brandt Engineering 437 2.53% HVHC 400 2.31% Republic Beverage Company 382 2.21% 100 0.73% HEB Grocery CO 350 2.02% 220 1.60% City of Schertz 341 1.97% 232 1.69% Wal -Mart Stores 323 1.87% 420 3.06% FedEx Ground 205 1.18% 165 1.20% Valero Diamond Distribution 167 1.22% Metro Ambulance LP 110 0.80% Manco 100 0.73% Lowe's 83 0.60% TOTAL 6,758 39.06% 2,897 21.10% Source: City Economic Development Corporation Note: Principal employer information is not available prior to 2007 113 K;A G G� "CITy� 0 A I \I�pORAT lN, W/ * /i CITY OF SCHERTZ, TEXAS FULL -TIME EQUIVALENT CITY GOVERNMENTAL EMPLOYEES BY FUNCTION LAST TEN FISCAL YEARS TABLE 20 Source: City Adopted Budgets Note: Full -time equivalent is based on the schedule hours ofpositions to a 40 hour work week. 114 Full -Time Equivalent Employees as of September 30, Function 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 General Government City Manager 3 4 6 7 6 6 7 7 6 6 Court Support 4 4 0 0 0 0 0 0 0 0 Municipal Court 3.5 5 6 4 5 5 5 6 6 6 Customer Relations 0 2 4 4 4 4.5 4.5 4.5 4.5 4.5 Planning and Zoning 3 4 5 4 4 4 3 3 3 3 General Services 6.5 9 9 9.5 13.5 14.7 14.7 12.7 12.7 12.7 City Secretary 2 2 2 2 2 2 2 2 2 2 Public Affairs 1 2 3 3 3 3 4 4 4 4 Records Management 2 2 3 3 1 1 1 1 1 1 Schertz Magazine 0 0 0 0 0 2 2 2 2 2 Engineer 0 1 3 1 2 2 4 3 3 3 GIS 0 0 0 2 2 2 2 2 2 2 Information Technology 3 3 3 3 3 4 4 6 6 6 Human Resources 2 2 3 3 4 4 4 4 4 4 Finance 5 5 6 6 6 6 6 6 7 8 Purchasing 0 1 2 2 5 5 5 5 4 3 Fleet Service 3 3 3 3 3 4 4 4 6 6 Building Maintenance 0 0 0 0 0 0 0 2 3 3 Public Safety Police 58.7 63.6 68.6 64.6 64.6 64.6 69.7 74.7 74.9 75.2 Fire 32 32 32 32 32 32 32 32 33 36 Inspections 6 8 8 7 6 7 7 7 9 9 Marshal Services 0 0 0 5 5 8 8 8 8 8 Health Animal Control 5 5 6 6 6 6 6 6 7 7 Parks and Culture Parks 7 8 8 8 8 9 9 9 9 9 Pools 12.5 12.5 0 0 0 0 0 0 0 0 Event Facilities 0 1 1 1 1 2 1 1 1 1 Library 9.5 9.5 10.5 11 13.5 13.5 14 14 14 14 Public Environment Streets 11 11 13 13 13 14 14 14 14 14 Public Works Public Works 6 6 6 6 5 4 4 6 6 6 Business Office 10 9 10 10 10 10 10 10 10 10 Water and Sewer 12 14 14 16 16 17 17 16 16 16 Drainage 5 5 6 7 7 7 7 8 8 8 EMS 22 23.5 30 34 34 34 35 35 36 37 Economic Development 3 3 3 4 4 3 4 4 4 4 TOTAL 237.7 260.1 274.1 281.1 288.6 300.3 309.9 318.9 326.1 330.4 Source: City Adopted Budgets Note: Full -time equivalent is based on the schedule hours ofpositions to a 40 hour work week. 114 CITY OF SCHERTZ, TEXAS OPERATING INDICATORS BY FUNCTION/PROGRAM LAST TEN FISCAL YEARS 115 Fiscal Year Function 2006 2007 2008 2009 2010 General Government Building Permits Issued 9,948 5,811 2,869 5,181 4,806 Schertz Tales Number of Magazines printed - 72,000 108,000 120,000 144,000 Police CFS 16,642 25,478 37,829 36,319 37,269 Arrests 526 608 719 873 790 Traffic Violations 10,487 13,461 18,820 20,452 19,259 Accidents 1,192 1,484 1,475 1,491 1,606 Fire Number of Rescue /Other Responses 1,216 1,459 978 1,536 1,671 Number of Fire Responses 129 103 141 135 76 Number of Inspections 356 302 461 447 425 Number of Training Classes Conducted 136 694 595 264 107 Number of Pre -Plan Inspections 452 642 EMS Requests for Transport 5,171 6,256 6,619 7,061 7,281 Actual Transports 2,937 3,634 4,193 4,341 4,575 EMT Students - 45 73 80 80 Marshal Service Warrants Issued - - 5,974 5,444 Warrants Cleared 3,836 4,023 Food Establishment Permits 134 129 Food Establishment Inspection 209 202 Foster /Adoption Inspections - - - 34 27 Parks Facility Reservations 416 516 983 671 719 Community and Civic Centers Civic Center - - - 484 594 Community Center Rentals - 635 North Community Center Rentals - - Animal Services Number of Animals Handled 1,804 2,021 Number of Adoptions 255 249 Number of Return to Owners 252 279 Number of Transfers - - - 415 451 Library Annual Circulation 276,873 292,909 278,826 263,131 392,528 Library Visits 181,603 179,630 175,435 188,118 257,235 Library Program Attendance 5,064 6,680 7,444 10,499 10,610 Registered Users 19,342 19,595 23,327 20,360 24,628 Water New Connections 532 91 1,474 446 509 Water Main Breaks 46 29 72 72 25 Total Consumption (thousands of gallons) 13,322,380 11,535,927 14,460,239 15,115,679 12,313,766 Daily Average Consumption (thousands of gallons) 37,007 31,606 39,617 38,550 33,736 Peak Daily Consumption (thousands of gallons) 10,540 5,379 5,804 7,520 7,040 Total Customers 10,118 10,598 10,900 10,198 10,134 Average Use Per Connection 7,060 1,089 6,378 6,913 5,054 Sewer Total Customers 8,990 9,391 6,378 9,974 9,499 Facilities Maintenance Number of Buildings Maintained 12 14 16 19 19 Square Footage 111,642 127,589 135,091 166,591 166,591 Source: Various City Departments. Prior year information for some functions is not available. 115 TABLE 21 116 Fiscal Year 2011 2012 2013 2014 2015 4,950 2,643 3,054 2,869 3,087 168,000 168,000 168,000 180,000 180,000 26,205 19,434 19,894 19,067 36,138 762 666 800 776 595 13,231 20,881 19,335 15,077 12,306 1,575 1,665 1,960 1,823 2,040 1,657 1,799 2,046 1,759 2,167 110 74 108 110 99 616 429 332 252 698 142 168 132 125 150 536 714 729 735 980 7,443 7,545 8,391 8,840 9,286 4,801 4,766 5,451 5,713 6,118 85 79 116 87 84 4,141 2,888 3,344 2,354 3,798 3,985 4,118 4,687 3,781 3,691 118 123 127 82 135 244 180 281 218 136 18 14 24 16 22 237 234 258 301 275 354 325 444 458 478 666 816 735 437 455 241 307 288 244 209 1,802 1,463 1,326 1,218 1,304 257 291 362 309 357 313 149 231 222 213 300 312 301 316 296 414,074 410,312 404,691 395,998 394,766 254,934 256,349 254,633 253,237 259,413 13,767 16,035 12,581 15,048 13,825 28,589 30,475 31,658 30,759 31,138 439 271 168 235 369 76 52 38 45 45 16,763,239 16,131,415 15,500,413 15,497,071 14,757,134 45,927 44,196 42,466 42,458 40,431 11,000 9,290 9,483 10,089 8,385 12,234 12,557 12,757 13,324 13,570 5,725 5,517 5,905 5,467 5,135 10,907 10,988 11,456 11,578 11,413 19 19 19 19 21 166,591 166,591 166,591 166,591 234,202 116 CITY OF SCHERTZ, TEXAS CAPITAL ASSET STATISTICS BY FUNCTION/PROGRAM LAST TEN FISCAL YEARS Source: Various City Departments 117 Fiscal Year Function 2006 2007 2008 2009 2010 Police Stations 1 1 1 1 1 Patrol Units 34 33 33 38 40 Fire Stations 2 2 2 2 2 Training Facility 1 1 1 - - Fire Vehicles 12 12 14 13 13 EMS Ambulances 6 6 6 6 6 Marshal Service Vehicles - - - 5 7 Streets Streeets, paved (miles) 102 107 122 124 125 Streets, unpaved (miles) 9 9 7 7 7 Parks and Recreation Parks - Developed 7 7 7 11 12 Parks - Undeveloped 4 4 4 4 4 Playground 20 20 20 20 19 Swimming Pools 1 1 2 2 2 Baby Pools 1 1 2 2 2 Baseball/Softball Diamonds 12 12 12 12 12 Soccer Fields - - - 12 12 Community Centers 1 1 2 2 4 Animal Control Control Vehicle 2 3 3 3 3 Library Facility 1 1 1 1 1 Volumes in Collection 52,818 56,282 60,650 64,400 71,929 Water Number of Reservoirs 1 - - - - Number of Pump Stations 1 2 - 5 5 Water Mains (Miles) 171 177 182 188 190 Sewer Sanitary Sewers (Miles) 54 59 71 78 78 Storm Sewers (Miles) 4 6 8 9 9 Facilities Maintenance Vehicles 4 4 4 5 5 Generators 3 3 3 3 3 Source: Various City Departments 117 TABLE 22 Fiscal Year 2011 2012 2013 2014 2015 1 1 1 1 1 42 42 42 42 48 2 2 2 2 2 13 13 13 15 16 6 6 7 7 9 8 8 7 7 7 132 134 137 141 149 5 5 5 5 5 17 17 13 13 14 4 4 8 8 9 15 15 16 16 18 2 2 2 2 2 2 2 2 2 2 9 9 12 12 15 12 12 12 12 12 4 4 4 4 4 3 3 3 3 3 1 1 1 1 1 73,904 81,468 86,221 100,478 113,085 5 5 5 5 5 192 192 197 199 210 84 85 87 90 96 10 10 11 11 12 5 4 5 5 6 3 3 3 3 4 118 K;A G G� "CITy� 0 A I \I�pORAT lN, W/ * /i COMPLIANCE SECTION 119 SHAREHOLDERS: Nancy L. Vaughan, CPA Deborah F. Fraser, CPA 4D Phil S. Vaughan, CPA Armstrong, Vaughan & Associates, P.C. INDEPENDENT AUDITOR'S REPORT Certified Public Accountants REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT A UDITING STANDARDS To the City Council and management City of Schertz We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of City of Schertz as of and for the year ended September 30, 2015, and the related notes to the financial statements, which collectively comprise City of Schertz's basic financial statements, and have issued our report thereon dated March 11, 2016. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered City of Schertz's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of City of Schertz's internal control. Accordingly, we do not express an opinion on the effectiveness of City of Schertz's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over financial reporting that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. 941 West Byrd Blvd., Suite 101 • Universal City, Texas 78148 Phone: 210- 658 -6229 • Fax: 2.10 -659 -7611 -Email: vaughan@avacpa.com . www.avacpa.com 120 Compliance and Other Matters As part of obtaining reasonable assurance about whether City of Schertz's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. We noted certain matters that we have reported to management of City of Schertz in a separate letter dated March 11, 2016. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Armstrong, Vaughan & Associates, P.C. March 11, 2016 121 qb CITp n 0 _Rj'ORA`rV-90� Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: March 22, 2016 Department: Parks and Recreation Subject: Resolution 16 -R- 27 to Approve an Agreement with Thos. S Byrne, Ltd for Replacement of Windows at the Recreation Center BACKGROUND GOAL To replace the glass and glazing, including the existing aluminum curtain wall members, due to the failure of the existing systems. The building was designed by the architectural firm of Munoz and Associates, the City served as the General Contractor for the project which was substantially complete in 2010. EXISTING CONDITIONS AND STUDIES The current building's exterior glass and curtainwall systems have experienced water infiltration for a number of years as well as complete glazing units falling out of the curtainwall system entirely. Additionally the current design of the windows in the gymnasium are floor to ceiling height and represent an impact danger to citizens using this area of the building. The City engaged the architectural firm of OCO to investigate the exterior envelope systems and provide a report outlining corrective actions required to correct the issues on a permanent basis. OCO engaged the services of Raba Kistner to provide additional engineering and investigative services on a more detailed basis. Raba Kistner met with the representative of the curtainwall systems on or about September 18, 2012. As a result of that meeting it was stated that it was not a materials failure but the result of improper installation of the various systems. The curtainwall representative made the statement that some of the systems selected were not the correct systems for use in some areas. Subsequent to these reports the original design firm of Munoz and Associates was contacted and advised of the results of the reports and asked to meet with the City to discuss moving forward with the correct resolution of the exterior envelope issues. Munoz and Associates agreed to participate in the resolution without additional cost to the City and engaged the consulting firm of Zero /Six who specializes in exterior envelope issues on or about July 2013. The report from Zero /Six was issued on or about September 10, 2013. Following several meetings with all the parties it was decided that the repairs to the few existing gazing panels would be more expensive and present the possibility of future failure than replacing them in total. Munoz and Associates prepared drawings and specifications as needed to competitive bid the replacement of the existing glazing systems as well as the upper level fixed individual window glazing units. The cost estimate for this work was $300,000.00 to $400,000.00 at the time. A Request for Competitive Sealed Proposals (RFCSP) was issued on or about April 18, 2014 with a response date of May 22, 2014. One proposal response was received with a bid amount of $825,000.00 Based on the one bid received which exceeded the budget at the time, it was decided to reject the one bid and to rebid the work at a future date. With the start of construction on the Aquatic Facility it was decided to rebid the project based on the thought that we might be able to capitalize on the use of similar materials and therefore receive a better price given the quantity involved. A Request for Proposals (RFP) was issued by the City on November 17, 2015 with a response date of December 3, 2015. One response was received and that was from Thos. S Byrne, Ltd in the amount of $634,167.00. Because this is an existing building with acknowledged issues it is recommended that a city - controlled contingency amount to cover unknown and unanticipated conditions that may arise be established to address this possibility. Should unforeseen conditions exceed this contingency then Staff will return to advise what the issue is and get further direction. The work is anticipated to take approximately four to five months to complete. Community Benefit The community will benefit having a recreation center that does not leak and has the windows in the gymnasium redesigned to provide a safer environment for play. Fiscal Impact Funds for this Contract will be from the certificates of obligation issuance for city infrastructure repair with an estimated debt service of $44,000. Any payments made on the project before the debt is issued will be paid from fund balance with the intent the funds will be replaced upon issuance. RECOMMENDATION Approval of Resolution 16 -R -27 ATTACHMENT(S) Resolution No. 16 -R -27 AIA A101- 2007 Standard Form of Agreement between Owner and Contractor. Executive summaries from Raba Kistner and Zero /Six. RESOLUTION NO. 16 -R -27 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF AN AGREEMENT WITH THOS. S BYRNE, LTD FOR REPLACEMENT OF WINDOWS AND GLAZING SYSTEMS AT THE RECREATION CENTER WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an Agreement with Thos. S Byrne, Ltd. as the General Contractor for the replacement of the windows and glazing systems at the Recreation Center; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an Agreement with Thomas S Byrne, Ltd and the Agreement 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 Thomas S Byrne, Ltd for the replacement of the windows and glazing systems at the Recreation Center in substantially the form set forth on Exhibit A. The total amount payable under this Agreement shall not exceed Six Hundred Thirty Four Thousand One Hundred Sixty Seven Dollars ($634,167.00) plus a City controlled contingency of Twenty Five Thousand Dollars ($25,000.00) for a maximum agreement amount of Six Hundred Fifty Nine Thousand One Hundred Sixty Seven Dollars ($659,167.00). Section 2. The funding for the project will come from a future issuance of certificate of obligation bonds in the amount of ($659,167.00). Any funds expended before that issuance will be paid from fund balance. The fund balance will be reimbursed any amount expended once the debt is issued. Section 3. 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 4. 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 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. 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 7. 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 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 22nd day of March, 2016. CITY OF SCHERTZ, TEXAS Michael R Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 EXHIBIT A AIA A101 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR THOS. S BYRNE, LTD #AIA Document A101"' -2007 Standard Form of Agreement Between Owner and Contractor where the bast's of payment is a Stipulated Sum AGREEMENT made as of the day of (In words, indicate day, month and year.) BETWEEN the Ownet (Name, legal status, address and other information) City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 and the Contractor Name, legal status, address and other information) Thos. S. Byrne, Ltd. 14220 Northbrook Dr. Suite 400 San _Antonio, Texas 78232 Phone: 210.402 3335 tbattle@tsbyrne.com for the following Project- (Name, location and detailed description) Replacement of Extetioi Glazed Aluminum Assemblies City of Schertz Recreation Center 621 'Westchester Drive Schertz, Texas 78154 The Architect (Name, legal status, address and other information) Munoz & Company, Inc 1017'N. Main Avenue San Antonio, Texas 78212 The Owner and Contractot agree as follows. in the year 2016 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 r"" -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. loft AIA Document A1101" — 2007. CopyrightO 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AM* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 14:48:12 on 03/01/2016 under Order No. 8655959288 which expires on 0611412016, and Is not for resale. User Notes: (3BRADA2D) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS a DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Conti act as if attached to this Agreement or repeated herein, The Contract represents the entire and integrated agi eement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in .Article 9 ARTICLE 2 THE WORK OF THIS CONTRACT 'Unless otherwise provided in these Contract Documents, the Contractor shall be responsible for performing or causing to be performed all Work including labor and materials, necessary to build, construct, erect and equip in accordance with the Contract Documents except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be stated in a Notice to Proceed issued by the Owner. (Paragraph Deleted) If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: NiA § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than one hundred nineteen 119 ) days from the date of commencement subject to adjustments of this Contract Time as provided in the Contract Documents § 3.4 In all matters of this Agreement, Time is of the essence in all phases of the Work and performance of obligations owed by the Contractor to the Owner as stated in this Agreement and the Contract Documents. It is specifically understood and agreed by and between Owner and Contractor that time is of the essence in the Init. ALA Document A101 TM —2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1981, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This ALA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of Lt, may result In severe civil and criminal penalties, and will be prosecuted to the p maximum extent possible under the law. This document was produced by AIA software at 14:48:12 an 03/01/2016 under Order No. 8855959288 which expires on 0811412016, and is not for resale. User Notes: (MgADAM) substantial completion of the Work; and that failure to substantially complete the Work within the designated period, or as it may be extended, shall be construed as a breach of this ,Agreement. § 3.4.1 The Contractor acknowledges and recognizes that the Owner is entitled to full and beneficial occupancy and use of the completed work following expiration of the Contract Time. The Contractor further acknowledges and agrees that, if the Contractor fails to substantially complete, or cause the Substantial Completion of any portion of the Work within the Contract time, the Owner will sustain actual damages as a result of such failure. The exact amount of such damages will be difficult to ascertain. Therefore, the Owner and Contractor agree that, if the Contractor shall neglect, fail, or refuse to achieve substantial completion of the Work by the Substantial Completion date, subject to propel extension granted by the Owner, then the Contractor agrees to pay the Owner the sum of One thousand two hundred dollars ($1,200.00) Cf`able Deleted) foi each day in which such Work is not completed, not as penalty, but as liquidated damages, for the damages ("Liquidated Damages ") that would be suffered by Owner as a result of delay for each and every calendar day that the Contractor shall have failed to have completed the Work as required herein. The Liquidated Damages shall be in lieu of any and all other damages which may be incurred by Owner as a result of the failure of Contractor to complete within the Contract time. § 3.5 The Contractoi shall be entitled to an extension of the Contract Time for delays or disruptions due to unusually severe weather in excess of that normally experienced at the job site only as determined from climatological data set forth in this subsection_ The Contractor shall bear the entire economic risk of anticipated weather delays as listed in the table below Rainy days shall not be considered an unusually severe weather condition, for which an extension of the Contract Time will be granted, unless the actual cumulative number of rainy days within the month exceed the histoncal average cumulative number of rainy days for said month, provided that the rainfall prevented the execution of major items of work on normal working days. If considered an unusually severe weather condition, an extension of the Contact Time will only be granted for the number of rainy days in excess of the average number of rainy days for that month. A rainy day is defined as a day when rainfall exceeds one -tenth (.1) inch during a twenty -four (24) hour period The aretage historical numbet of rainy days per calendar month is as follows, based upon regional weather data from the National Weather Service and /or NOAA: A The number of rainy days shown in the Rainfall Table for the first and last months of this Agreement will be prorated in determining the total number of rainy days expected during the period of this Agreement. An extension of the Contract Time may also be granted for any day following a rainy day during which muddy conditions exist and prevent performance of major items of work conducted on normal working days. Such muddy conditions are subject to confirmation by the Owner. Requests for an extenvon of time pursuant to this subsection shall be promptly submitted to the Owner. Failure to timely submit a complete notice of claim for delays and extension of time far completion due to abnormal or adverse weather conditions or rainy days pursuant to this subsection shall result in the denial of a request for extra time for performance under the Contract Documents. § 3.6 FINAL COMPLETION § 3.6.1 Ttmel- final completion is an essential condition of this contract. Contractor agrees to achieve final completion of the Work within 30 days of the designated or extended substantial completion date. ��� AIA Document A701 TM —2007. Copyright 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:48:12 on 0310V201 6 under Order No. 8855959286 which expires on 0611412016, and is not for resale. User Notes: (3BWA2D) § 3.6.2 Final Completion means actual completion of the Work, including any punch list items, extras or Change Orders reasonably required or contemplated under the Contract Documents other than warranty work that may be required pursuant to Section 3.5 of AIA Document A201 -2007 as amended. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be six hundred thirty-four thousand one hundred sixty -seven dollars ($ 634,167.00 ), subject to additions and deductions as provided in the Contract Documents. § 42 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule ofsuch other alternates showing the amount for each and the date when that amount expires) None § 4.3 Unit prices, if any: (Identt jv and state the unit price; state quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price Per Unit ($0.00) § 4.4 Allowances included in the Contract Sum, if any: (Identy� allowance and state exclusions, if arty, from the allowance price) Item Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1 .2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month § 5.1.3 The Owner will pay an approved Application for Payment within thirty (30) days after the date such approved Application for Payment is received by the Owner from the Architect. Not withstanding the foregoing the Owner shall not be required to pay any disputed amounts that the Owner believes were erroneously approved by the Architect. Past due payments and any disputed amounts shall bear interest in accordance with the Texas Prompt Payment .Act. (Paragraph Deleted) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect and Owner may require. This schedule, unless objected to by the Architect or Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: Init. AIA Document A101 TM — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute or Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:48:12 on 03/01/2016 under Order No. 8855959288 which expires on 06114/2016, and Is not for resale. User Notes: (3139ADA2D) .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201 TK-2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.6 of AIA Document A201 -2007, as amended. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Paragraph Deleted) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 -2007, as amended. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.61 and 5.1.62 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) None § 5.1.9 Lmcept mith the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials of equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when A the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section I2.2.2 of AIA Document A201-20-07, and to satisfy other requirements, if any.. which extend beyond final payment; .2 the Contractor has submitted a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: § 5.2,3 The Contract shall not have been fully performed until all work required by the Construction Documents including but not limited to the following have been performed: .1 provision of record or as -built drawings executed or complete in both ".dwg" and ".tiff' formats; .2 provision of executed or complete certificates of documents evidencing warranties and owner - operators manuals; .3 provision of all documents evidencing required testing, inspection, verification and other engineering or consulting services required under the construction contract; .4 insuring agreements and bonds covering all periods of construction and any subsequent periods required under the contract. iRh. AIA Document A101 TM — 2007. Copyright ®1915, 1918, 1925, 1837, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1887, 1991, 1997 and 2007 by The American Instilute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the + maximum extent passible under the law. This document was produced by AIA software at 14:48:12 on 03/01/2016 under Order No. 8655959288 which expires on 0611412016, and is not for resale. User Notes: (3B9ADA2D) ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER Me Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, as amended, for CIaims arising from or relating to the Contractor's services. § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 2007, the method of binding dispute resolution shall be as follows: (Paragraph Deleted) [ ] -krbitiation pursuant to Section 15.4 of AIA Document A201 -2007 [ X ] Litigation in a court of competent jurisdiction located in Guadalupe County, Texas. [ ] Other (SpeCl&) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. as amended. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007, as amended. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Timeliness and interest due on payments to the Contractor are subject to and controlled by Texas Government Code Chapter 2251. (Paragraph Deleted) § 8.3 The Owner's representative (Name, address and other irformation) Phil Gaudreau Jackson A &E Associates. Inc. 8300 White Stallion Trail McKinney, Texas 75070 § 8.4 The Contractor's representative: (Name. address and other information) Gary Sanchez — Senior Project Manager rhos S. Byrne, Ltd. 14220 Northbrook Dr., Suite 400 San Antonio, Texas 78232 Phone: Cell: Email: Ink AIA Document A101 TM —2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 14:48:12 on 03101/2016 under Order No. 8655959288 which expires on 06114/2016, and is not for resale. User Notes: (3B9ADA2D) § 8.5 The Contractor's representative may not be changed without written consent of the Owner, which shall not be unreasonably withheld § 8.6 Terms in this Agreement shall have the same meaning as those in A201 -2007. § 8.7 Governing Law The Contract shall be governed by the law of the State of Texas. § 8.8 Owner's Occupancy Requirements Owner will occupy the premises during the entire construction period. Contractor shall cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Contractor shall perform the Work so as not to interfere with Owner's day -to -day operations. Contractor shall provide not less than 72 hours notice to Owner of acti-, sties that will affect Owner's operations. Conti actor is to coordinate its work with the Owner's occupied spaces to maintain access and existing exits for occupants. Contractor shall construct & maintain suitable barriers to permit the safe egress from the existing building during all phases of construction. Contractor is to limit and contain construction activities to minimize dust disruption and safety hazards. Protection of occupants and operations is a primary concern. Contractor shall obtain state and national criminal history background searches on all employees and subcontractors who may have contact with children, or will be working in the children's area. Contractor shall obtain all required criminal history record information, through the Schertz Police Department, regarding its employees and subcontractors. If Contractor receives information that an individual has a disqualifying conviction, Contractor will immediately remove the individual from contract duties and notify the Owner in writing within three (3) business days Upon request, Contractoi will make available for the Owner's inspection the criminal history record information of any individual. If the Owner objects to the assignment of an individual on the basis of the individual's criminal history record information, Contractor agrees to immediately discontinue using that individual to provide services for the Owner. Contractor is responsible for (1) progress cleaning of its own areas on a daily basis; (2) secure lockup of its own tools, materials, and equipment. (3) restoration of Owner's facilities used as temporary facilities or access to the site or temporary facilities, or any existing facilities damaged by Contractor; and (4) protection of existing Owner equipment that wilt remain in the work areas during construction. Setup, protection and cleanup will be required to be performed daily during the off peak hours so that the spaces will function as occupied spaces without obstruction during the day (Paragraph Deleted) The Contractor shall take proper measures to protect all property within all construction areas, and adjacent or adjoining property which might be damaged by any process of construction; and, in case of any damage, Contractor shall restore at its own expense the damaged property to a condition equal to or better than that existing before such injury or damage was done, or Contractor shall make good such injury or damage in a manner acceptable to the Owner. The Contractor shall protect the public and Owner fully by taking reasonable precaution to safeguard persons from death or bodily injury and to safeguard property of any nature whatsoever from damage. Where any dangerous condition or nuisance exists in and around construction sites, equipment and supply storage areas and other areas in any way connected with the performance of this Contract, the Contractor shall provide and maintain reasonable warning of such danger or nuisance. The Contractor shall not create excavation, obstructions, or any dangerous condttiort or nuisance of any nature whatsoever in connection with the performance of this Contract unless necessary to its performance, and in that event the Contractor shall provide and maintain at all times reasonable means of warning of any danger or nuisance created. The duties of the Contractor in this Paragraph shall be nondelegable, and the Contractor's compliance with the specific recommendations and requirements of the City of Schertz, as to the means of warning shall not excuse the Contractor from the faithful performance of these duties should such recommendations and requirements not be adequate or reasonable under the circumstances. AIA Document A101TM —2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1967, 1974, 1977, 1967, 1991, 1997 and 2007 by The American Init. Institute ofArcrReets. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the j maximum extant possible under the law. This document was produced by AIA software at 14:46:12 on 0310112016 under Order No. 6655959266 which expires on 06/1412016. and Is not for resale. User Notes: (MADAM) ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A10 2007, Standard Form of Agreement Between Owner and Contractor. Exhibit A to the Agreement is the Insurance Rider. § 9.1.2 The General Conditions are AIA Document A201 -2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Tale Date Pages § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit- Attachment A101 -1: Specifications' Table of Contents § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Attachment A101 -2: Index of Drawings § 9.1.6 The Addenda, if any Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. (Paragraphs Deleted) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201 -2007. (State bonding requirements, if arty, and limits of liability far insurance required in Article 11 ofAL1 Document _1201- 2007.) Type of Insurance or bond Limit of liability or bond amount ($0.00) See Exhibit A Ihis Agreement entered into as of the day and year first written above. IoM. AIA Document A701 TM —2007. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Instldrte or Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Lair and International Treattes. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 14:48:12 on 03101/2016 under Order No. 8655959288 which expires on 0611412016, and is not for resale. User Notes: (31219ADA21)) OWNER (Signature) John C. Kessel, City Manager (Printed name and title) (Printed name and title) !nit AIA Document A701 TM —2007. Copyright 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the t maximum extant possible under the law. This document was produced by AIA software at 14:48:12 on 03101/2016 under Order No. 8855959288 which expires on 06114/2016, and Is not for resale. User Notes: (3139ADA21)) Certification of Document's Authenticity AIA'm Document D4017" — 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 14:48:12 on 03/01/2016 under Order No. 8655959288 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A1011- 2007, Standard Form of Agreement Between Owner and ere the basis of payment is a Stipulated Sum, as published by the AIA in its Software, other an�h�tho ditions anceletions shown in the associated Additions and Deletions Report. President - South Texas (Title) 03 -02 -2016 (Dated) AIA Document D401 TM — 2003. Copyright ®1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.3. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:48:12 on 09!0112016 under Order No. 86559592BB which expires on D5/1412016, and is not for resale. User Notes: {3139ADA21)) RE: Visual Assessment of Existing Window Internal Joinery and Components City of Schertz Schertz Family YMCA 621 Westchester Schertz, Texas 78154 Dear Mr. Oppelt: Raba Kistner Facilities, Inc. (RKFI) is pleased to submit a report of our visual assessment of the exterior window components of the YMCA in Schertz, Texas for OCO Architects (Client). This study was performed in accordance with RKFI Proposal PSR12- 070 -00 dated June 12, 2012 and based on RKFI's recommendations as outlined in our previous report dated August 21, 2012. The purpose of this study was to determine the apparent condition of the existing window internal joinery and components with David Ham, regional manufacturer representative of YKK Arch Products and Robert Shultz, glazing contractor of Architectural Division 8. Additionally, RKFI will identify deficiencies and make a determination as to the extent of required repairs. Introduction RKFI has completed our visual assessment of the existing window internal joinery and components for the City of Schertz Family YMCA located in Schertz, Texas. This report briefly describes our findings along with opinions for our Client's consideration in determining pertinent repair measures. Background Information On Tuesday, September 18, 2012, Alex D. Gamble, Designer, Associate AIA and Troy R. Harrell, Building Envelope Consultant, both of RKFI, met with David Ham and Robert Shultz on site to dismantle various in- situ window systems to observe existing conditions at the internal joinery of suspected deficiencies within the system related to water infiltration into the building interior. The subject facility's existing exterior windows and clerestory windows were observed during this assessment. Existing metal face caps were removed at multiple locations and at multiple windows to field verify the existing internal joinery and window components as well as workmanship of the installation. Existing sealant joints where the metal framing systems intersect the masonry were removed to further verify jamb conditions. Prior to site departure; the existing window systems and the required sealants were re- installed to safeguard against any potential water intrusion caused by this assessment. 'San Antonio • Austin • Brownsville • Corpus Christi • Dallas • El Paso • Houston • McAllen • New Braunfels • Mexico • Salt Lake City N: \Active Projects \San Antonio \ASR12 - 041 -00 Schertz Family YMCA \Reporting \Report 2 \ASR12- 041-00 Report 2.doc R A B A 4 KISTNER FACILITIES Project No. ASR12- 041 -00 Raba Kistner September 25, 2012 Facilities, Inc. 12821 W. Golden Lane San Antonio, TX 78249 P.O. Box 690287 San Antonio, TX 78269 -0287 Mr. Mark Oppelt, AIA, LEED AP, REFP www.rkci.com Principal P 210:: 699 :: 9090 OCO Architects F 210 :: 699 :: 6426 114 East Cevallos Street TBPE Firm F -3257 San Antonio, Texas 78204 RE: Visual Assessment of Existing Window Internal Joinery and Components City of Schertz Schertz Family YMCA 621 Westchester Schertz, Texas 78154 Dear Mr. Oppelt: Raba Kistner Facilities, Inc. (RKFI) is pleased to submit a report of our visual assessment of the exterior window components of the YMCA in Schertz, Texas for OCO Architects (Client). This study was performed in accordance with RKFI Proposal PSR12- 070 -00 dated June 12, 2012 and based on RKFI's recommendations as outlined in our previous report dated August 21, 2012. The purpose of this study was to determine the apparent condition of the existing window internal joinery and components with David Ham, regional manufacturer representative of YKK Arch Products and Robert Shultz, glazing contractor of Architectural Division 8. Additionally, RKFI will identify deficiencies and make a determination as to the extent of required repairs. Introduction RKFI has completed our visual assessment of the existing window internal joinery and components for the City of Schertz Family YMCA located in Schertz, Texas. This report briefly describes our findings along with opinions for our Client's consideration in determining pertinent repair measures. Background Information On Tuesday, September 18, 2012, Alex D. Gamble, Designer, Associate AIA and Troy R. Harrell, Building Envelope Consultant, both of RKFI, met with David Ham and Robert Shultz on site to dismantle various in- situ window systems to observe existing conditions at the internal joinery of suspected deficiencies within the system related to water infiltration into the building interior. The subject facility's existing exterior windows and clerestory windows were observed during this assessment. Existing metal face caps were removed at multiple locations and at multiple windows to field verify the existing internal joinery and window components as well as workmanship of the installation. Existing sealant joints where the metal framing systems intersect the masonry were removed to further verify jamb conditions. Prior to site departure; the existing window systems and the required sealants were re- installed to safeguard against any potential water intrusion caused by this assessment. 'San Antonio • Austin • Brownsville • Corpus Christi • Dallas • El Paso • Houston • McAllen • New Braunfels • Mexico • Salt Lake City N: \Active Projects \San Antonio \ASR12 - 041 -00 Schertz Family YMCA \Reporting \Report 2 \ASR12- 041-00 Report 2.doc Project No. ASR12- 041 -00 September 25, 2012 Field Observations 2 This assessment was conducted by means of reviewing the construction documents dated October 2010, specified window installation manuals from YKK Arch Products "YES 600" and "YCW 752" series and the technical knowledge and standard industry practices with metal window systems of both David Ham and Robert Shultz. The following observations were made: Gymnasium, Y -Land Room, Child Watch Toddler Room, Child Watch Infant Room, Aerobics Room, Spin Room and Clerestory Exterior Windows - "YES 600" System; this is a thermally broken front loaded storefront system for 1 inch insulated glass. The thermal break is achieved by employing a unique nylon clip that locks the exterior and interior framing members together per manufacture's literature. • Window framing system (vertical and horizontal members) inadequately sized for "rough" openings in the existing tilt -up concrete panels. It appears the existing window system is oversized. • Window glazing inadequately sized for "rough" openings. It appears the window system is oversized. • Missing and /or inadequately installed metal sill flashing. • Missing metal end dams. • Missing water deflectors. • Missing and /or broken glazing clips (it appears after previous attempts of re- installation of metal face caps have caused fatigue in glazing clips which have led to failures). • Missing weep holes in metal face caps (as required by manufacture; two (2) per lite panel). • Observed inadequate rubber gasket lengths. • Missing and /or omitted setting blocks. • Missing rubber joint plugs. • Missing rubber end dams. • Missing and /or inadequate sealant applications and improper sequencing of required sealant at multiple locations. • Missing shims at jambs of window framing systems. • Observed previous repair attempts by means of sealant repair throughout the window system exterior and interior (not a repair recommendation recognized by YKK Arch Products) • Clerestory windows; the last four (4) windows on the far right facing the east elevation were observed to have not been project specified windows. • Concluded water infiltration deficiencies were not window system specific but rather meager installation overall. The existing window systems currently in place as noted above are in need of full replacement with the appropriate window system. As recommended by Mr. Ham; the specified window systems (YES 600) in place are not the appropriate systems given the design technique (windows projected outwards from the face of building) and inadequate sizing related to the existing "rough" openings. With Mr. Ham's R A B A K I STN ER Project No. ASR12- 041 -00 3 September 25, 2012 recommendation and his familiarity with these types of window systems, the window systems in place are neither repairable nor salvageable. After extensive evaluation and discussion with Mr. Ham, Mr. Schultz, and RKFI building consultants, it is RKFI's opinion that the above noted areas be fully replaced with the "YCW 752" window system or with an approved window system as selected by the Design /Owner team. Cardio Fitness Area — "YCW 752" System; is an outside glazed pressure wall system that offers a minimal sight line of the framing members. System is ideal to provide improved thermal performance to conserve energy and lower operating costs per manufacture's literature. • Missing and /or inadequately installed perimeter anchors at sill. • Missing perimeter pressure plates at jambs. • Missing metal end dams. • Missing weep holes at pressure plates. • Observed inadequate rubber gasket lengths. • Observed inadequate and /or omitted setting blocks. • Missing rubber joint plugs. • Missing rubber E -slot plugs. • Missing rubber end dams. • Missing and /or inadequate sealant applications and improper sequencing of required sealant at multiple locations. • Missing shims at jambs of window framing systems. • Concluded water infiltration deficiencies were not window system specific but rather meager installation overall. The existing window systems currently in place as noted above in the Cardio Fitness Area are in need repair with the appropriate window internal components and proper installation techniques employed in the field. As recommended by Mr. Ham; the specified window systems (YCW 752) in place are appropriate systems given that the repair techniques are followed per manufacture's recommendations. With Mr. Ham's recommendation and his familiarity with these types of window systems, the window systems in place are repairable with the specified "YCW 752" internal components which are an active product line with YKK Arch Products today. Recommendations On the basis of our visual observations, extensive evaluation of the existing conditions and our understanding of building construction and our previous experience with similar projects, we provide the following opinions for the Client to consider: • Water infiltration deficiencies observed do not appear window system specific but rather inadequate installation techniques employed at the time of installations. • Windows installed at the Gymnasium, Y -Land Room, Child Watch Toddler Room, Child Watch Infant Room, Aerobics Room and Spin Room should be fully replaced and re- RABAKI STN ER Project No. ASR12- 041 -00 September 25, 2012 4 installed with the appropriate window system if not provided by YKK Arch Products but with an approved and equal system from another window manufacturer. • Windows installed at the Cardio Fitness Area should be repaired employing the appropriate window internal components and installation techniques as recommended by YKK Arch Products. • With the aid of the Design Team and a pre - selected window manufacturer; with the selection of a competent window glazing contractor for replacement and repair installations are needed. • With the remaining funds from the approved window water testing Phase Ili RKFI recommends allocating these funds to perform field water testing during the replacement and repair measures. RKFI will field verify the integrity and quality of the replacement /repair techniques employed. Should in the field installations not meet the design parameters; RKFI with the selected window manufacturer and glazing contractor will investigate the non conforming system(s), identify and assist with the corrective measures to mitigate any installation delays, • Once the recommendations and /or agreement with the Client have been approved; RKFI will proceed with the following Phases III and IV as outlined in Proposal PSR12- 070 -00 dated June 12, 2012. Limitations and Assumptions The information provided in this document is directed to the Client, and may not contain information For others and /or for other uses. Although our observations were made with normal care and diligence, it is likely not all conditions were observed. If information described in this document, provided by others, is incorrect or if additional information becomes available, RKFI may need to revise this document. We appreciate the opportunity to be of service to you on this project. Should you have any questions about the information presented in this report, or if we may be of additional assistance, please call. Very truly yours, RABA i(ISTNER FACILITIES, INC. David A. White, RRC, RRO, CDT, CEI, CIT Alex D. Gam le, Associate AIA Manager, Building Envelope Services Designer DAW /ADG /jg Attachments: Photographs Copies Submitted: Above (Email Only) RABAKISTN ER Project: Schertz Recreation Building Address: 1400 Schertz Parkway Schertz, Texas Construction Team: Project Manager: Unknown Architect: Munoz and Associates Construction Manager: City of Schertz Substantially Complete: Spring 2010 Building Use: Recreation Center Storm Damage: No (water damage is from normal weather events) Fire Damage: No Project Data Client: Munoz and Associates 1017 North Main, Suite 300 San Antonio, Texas 78212 Contact: Ronnie Biediger, AIA Design Code: 2003 IBC Wind Speed: 90 MPH Importance Factor: 1.00 Exposure: C Levels above grade: 1 High Rise by Code: No Levels below grade: 0 Approximate SF: 33,548 The project is a one story, 33,548 SF municipal Recreation Center located in Schertz, Texas. The building structure in- cludes a concrete slab on grade, load bearing concrete tilt wall panels and structural steel roof framing. The exterior building envelope is primary fluted concrete tilt wall panels, glazed aluminum curtain - walls, storefront window sys- tems, limestone veneer accents and a modified bitumen roof. Construction documents prepared by the Architect are consistent with industry standards and adequate to convey de- sign intent to qualified bidders under traditional procurement methods (i.e. design, bid, build via a general contractor). In this case the procurement method was not "traditional" in that the City of Schertz acted as their own general con- tractor. It is our understanding that the Architect provided Construction Administration duties to the City similar to those that they would have provided a general contractor or construction manager. Water infiltration has been experienced at window openings since substantial completion and numerous attempts have been made to address these areas. Window systems submitted and used by the construction team are not consistent with the design intent and the logic used to determine which systems were to be used where is not clear. See eleva- tions on page 7. Also, note that the YKK "storefront" is similar to what other manufacturers refer to as low rise curtain - wall, not traditional storefront. The "as built" conditions at windows are typically not in accordance with the construction documents prepared by the Architect. For example windows are installed far in excess of the 1" offset (from face of wall) called for in the construc- tion documents (re: detail 9 on page 23 of this report and photo# 10) and head flashings have been detailed such that there is not a way to achieve a seal (re: detail 1 on page 22 of this report and photo #12). Additionally the windows are in a very poor state of repair with obvious visual defects. These defects include loose or missing face caps (photo #2), unrestrained glass units (photo #1) and framing that is leaning out (photo #18). Safety concerns for the building occu- pants related to these defects has been communicated to the building management. End of Project Synopsis Schertz Recreation Building Page 3 Executive Summary Since being engaged by Munoz and Associates in July of 2013, Zero /Six has performed the initial steps of the forensic process required to evaluate the window systems installed at the Schertz Recreation Center. This process has not been an exhaustive effort in that engineering related to the window systems has not been verified to be adequate and there has not been any performance testing of the installed products. To this point our investigations have been limited to a review of the Architectural portion of the "record documents" and a visual inspection of the building. Ordinarily, this limited amount of study would only suffice to determine what "next steps" in the forensic process should be taken. However, in this case the issues are clear enough that additional study would provide minimal benefit to solving the problems at hand; that is the elimination of water infiltration through visibly unstable window installations. The lion's share of confirmed issues revolve around the storefront systems. This is in large part to the fact that missing components allow for detailed visual inspections of normally concealed spaces. Although the curtain -wall systems are not as visibly deficient, there are enough issues to cast doubt with the system engineering. After all, since both systems were designed (even if not engineered) and installed by the same sub - contractor it would be reasonable to assume that shortcomings related to engineering (the delegated design process in general) and workmanship would apply to both systems. Although shop drawings related to the window systems were not available, the appearance of the installed products would suggest that "engineered" shop drawings (required for systems to be finalized by the delegated design process) were not developed. If engineered drawings were prepared by the sub - contractor, they were either a very poor effort or not followed at all. This comment is tempered by the fact that the manufacturers installation guidelines typically used in the development of shop drawings have been totally ignored. Components required to complete the perime- ter seal and components require to manage internal water have all been eliminated and without these components the systems will not perform as intended. Additionally, critical clearances between glass and framing , clearances be- tween framing and openings as well as dimensional criteria furnished by the construction documents have also been ignored. These items were also reported in detail by Raba Kistner during their inspection in June of 2012. Although Ra- ba Kistner describes the glass systems by room, not by window system, their report recommends that the storefront systems be replaced with new curtain -wall products and that the existing curtain -wall systems be repaired under the supervision of qualified persons. We agree that the storefront portions of this project should be replaced and it would be reasonable for the replacement product to match the systems to remain (curtain - wall). Note that we do not agree with the statement in the Raba report where the YKK representative states that the "storefront" was not a suitable product for this project. It is our opinion that the storefront would have performed in an acceptable manner had it been installed correctly (i.e. we have installed similar products on similar projects with favorable results). We also agree that the curtain -wall portions of the project can be salvaged, although the extent of the repairs will be significant. Repairs will include the deglazing and resizing of frames to fit rough openings, which will most likely result in the need for new glass units at the perimeters of each section (approximately 50 %). Given the choice to repair or replace curtain -wall systems, savvy contractors may choose to replace the curtain -wall systems, thus eliminating the task of (and time asso- ciated with) cataloging existing components, verifying anchorage and allowing for a full warranty at the end of the pro- cess. Zero /Six estimates the cost of replacing all window systems with curtain -wall to be $394,200.00. If the decision is made to repair the curtain -wall systems, then the systems that are to remain should be fully evaluated by a structural engineer with curtain -wall expertise. Our brief review has revealed that water infiltration is not the only concern and all window systems (new or repaired existing) utilized at the recreation center should be certified to re- main structurally stable when the design loads are applied. Schertz Recreation Building Page 4 Executive Summary Lastly, the 1" projection of the windows beyond the face of the concrete tilt wall panels creates an added challenge in sealing any window system, particularly when sealed to fluted concrete. Zero /Six suggest that future windows installa- tion be held back such the face cap of the curtain -walls is 1" behind the face of the concrete tilt wall panels. The balance of this report provides addition detail that helped form the opinions stated in this executive summary. End of Executive Summary Schertz Recreation Building Page 5 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: March 22, 2016 Department: Parks Subject: Resolution No. 16 -R -28 — A Resolution by the City Council of the City of Schertz, Texas authorizing a contract with The Davey Tree Expert Company for tree pruning services. BACKGROUND The City desires to procure tree pruning services as part of routine park maintenance. The Parks Department has identified seven (7) City parks that require the service: Crossvine /Sedona Park, Cypress Point Park, Forest Ridge Park, Lone Oak Park, Thulemeyer Park, Ashley Park, and Schertz Parkway Median. The scope of work will include tree trimming, maintenance and repair. This project is vital to maintain safe and quality parks in Schertz. The project was publicly bid using a Request for Proposals (RFP). This method allows the City to choose a contractor not only based on cost, but on qualifications and experience as well. Two (2) bids were received for this project. Parks has chosen to recommend The Davey Tree Expert Company for this project. The Davey Tree Expert Company was the lowest bidder, and after evaluation of the review committee, Staff determined that The Davey Tree Expert Company was also the best value selection based on the rest of the criteria including experience, qualifications, reputation, capability, past performance, experience with other entities, experience with similar projects, available resources, and corporate history and stability. Community Benefit Pruning of all of the trees at each park location will serve several beneficial purposes. These benefits include improving tree health, vitality, and longevity, improving tree structural integrity and form, improving aesthetics, and reducing safety hazards and risks by removing dead, dying, diseased, decayed, and broken limbs 1" caliper and larger within the upper canopy. Summary of Recommended Action Staff recommends Council approve hiring The Davey Tree Expert Company for a contract amount of $119,125 for Tree Pruning Services. FISCAL IMPACT The fiscal impact of the project will not exceed $119,125. The project will be paid for from the Tree Mitigation Fund, budget code 302 - 551110. RECOMMENDATION Staff recommends Council approval of Resolution 16 -R -28. ATTACHMENTS Resolution 16 -R -28 Exhibit A: Agreement for Tree Pruning Services RESOLUTION NO. 16 -R -28 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH THE DAVEY TREE EXPERT COMPANY FOR TREE PRUNING SERVICES AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Parks Department is charged with the responsibility of landscape maintenance of the City's park and recreation areas; and WHEREAS, in order to fulfill its responsibility as set forth above, the City has identified a need for tree pruning services; and WHEREAS, two bids were received through the sealed bidding process and The Davey Tree Company was the lowest bidder and provided the best combination of price and value at a cost of $119,125; WHEREAS, The City staff of the City of Schertz (the "City ") has recommended that the City accept the bid proposal from The Davey Tree Expert Company for tree pruning services; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with The Davey Tree Expert Company pursuant to the recommendation made by Parks Staff. 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 contract with The Davey Tree Expert Company for tree pruning services. 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 22nd day of Mach, 2016 CITY OF SCHERTZ, TEXAS Michael R Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) -2- CITY OF SCHERTZ SERVICE AGREEMENT THE STATE OF TEXAS § GUADALUPE COUNTY § This Service Agreement ( "Agreement ") is made and entered by and between the City of Schertz, Texas, (the "City ") a Texas municipality, and The Davey Tree Expert Company ( "Contractor "). Section 1. Duration This Agreement shall become effective upon the date of the final signature affixed hereto and shall remain in effect until satisfactory completion of the Scope of Work unless terminated as provided for in this Agreement. Section 2. Scope of Work (A) Contractor shall perform the Work as more particularly described in the Scope of Work attached hereto as Exhibit "A ". The work as described in the Scope of Work constitutes the "Project ". (B) The Quality of Work provided under this Agreement shall be of the level of quality performed by Contractors regularly rendering this type of service. (C) The Contractor shall perform its Work for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent Contractor or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation (A) The Contractor shall be paid in the manner set forth in Exhibit "A" and as provided herein. (B) Billing Period. The Contractor may submit an invoice for payment upon completion of the described tasks. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act "), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. (C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be included in the scope of Work (Exhibit A) and accounted for in the total contract amount. CITY OF SCHERTZ PAGE 1 The Davey Tree Expert Company Service Agreement Section 4. Time of Completion The prompt completion of the Work under the Scope of Work relates is critical to the City. Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of the Contractor and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Contractor prior to the time of termination. Section 5. Insurance Before commencing work under this Agreement, Contractor shall obtain and maintain the liability insurance provided for below throughout the term of the Project plus an additional two years. Contractor shall provide evidence of such insurance to the City. Such documentation shall meet the requirements noted in Exhibit B. Contractor shall maintain the following limits and types of insurance: Workers Compensation Insurance: Contractor shall carry and maintain during the term of this Agreement, workers compensation and employers liability insurance meeting the requirements of the State of Texas on all the Contractor's employees carrying out the work involved in this contract. General Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of this contract by the Contractor or its employees. Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and independent contractors working under the direction of either the Contractor or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Contractor. Qualifying Insurance: The insurance required by this Agreement shall be written by non - assessable insurance company licensed to do business in the State of Texas and currently rated "B +" or better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims made" form. Evidence of such insurance shall be attached as Exhibit "C ". Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these CITY OF SCHERTZ PAGE 2 The Davey Tree Expert Company Service Agreement insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided will not be construed as a waiver of Insured's obligation to maintain such insurance. Section 6. Miscellaneous Provisions (A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Contractor of any responsibility for work done by such subcontractor. (B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Contractor acknowledges that Contractor is an independent contractor of the City and is not an employee, agent, official or representative of the City. Contractor shall not represent, either expressly or through implication, that Contractor is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Contractor. (D) Non - Collusion. Contractor represents and warrants that Contractor has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Contractor further agrees that Contractor shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the Work performed by Contractor under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Contractor, Contractor shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Contractor under or pursuant to this Agreement. (E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not CITY OF SCHERTZ PAGE 3 The Davey Tree Expert Company Service Agreement later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection. (F) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Work, this Agreement shall govern. The Scope of Work is intended to detail the technical scope of Work, fee schedule, and contract time only and shall not dictate Agreement terms. Section 7. Termination (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Contractor and City; (2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; (3) By the City, immediately upon notice in writing to the Contractor, as consequence of the failure of Contractor to perform the Work contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than five (5) days written notice to the Contractor. (B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for those Work that have been timely and adequately performed by the Contractor considering the actual costs incurred by the Contractor in performing work to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Contractor to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all basic, special, and additional Work actually performed prior to termination, together with any reimbursable expenses then due. Section 8. Indemnification CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING ATTORNEYS FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY, COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY CITY OF SCHERTZ PAGE 4 The Davey Tree Expert Company Service Agreement (BOTH REAL AND PERSONAL ) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR - EXPRESSLY INCLUDING THOSE ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES. Section 9. Notices Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 10. No Assignment Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 11. Severability If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 12. Waiver Either City or the Contractor shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 13. Governing Law; Venue This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. CITY OF SCIIERTZ PAGE 5 The Davey Tree Expert Company Service Agreement Section 14. Paragraph Headings; Construction The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 15. Binding Effect Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 16. Gender Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 17. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 18. Exhibits All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 19. Entire Agreement It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 20. Relationship of Parties Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. Section 21. Right To Audit City shall have the right to examine and audit the books and records of Contractor with regards to the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books and records will be maintained in accordance with generally accepted principles of accounting and will be adequate to enable determination of (1) the substantiation and accuracy of any payments required to be made under this Agreement; and (2) compliance with the provisions of this Agreement. CITY OF SCHERTZ PAGE 6 The Davey Tree Expert Company Service Agreement Section 22. Dispute Resolution In accordance with the provisions of Subchapter I, Chapter 271, TEX. LOCAL Gov'T CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. Section 23. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire Contractor represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. Additionally, Pursuant to House Bill 1295 passed by the 84th Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council must be accompanied by a completed, executed, and notarized Certificate of Interested Parties, Form 1295. Form 1295 must be completed in accordance with TEC Rules (https: / /www. ethics .state.tx.us /rules /adopted Nov_2015.htm1 #Ch46) and Section 2252.908 of the Texas Government Code, as amended (http: / /www. statutes.legis. state .tx.us /Docs /GV/htm /GV.2252.htm #2252.908). If applicable, Vendor must include HB 1295 Form with this executed contract. IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. [The remainder of this page is intentionally left blank.] CITY OF SCHERTZ PAGE 7 The Davey Tree Expert Company Service Agreement EXECUTED on this the day of , 2015. CITY: By: Name Title: John C. Kessel City Manager ADDRESS FOR NOTICE: CITY: City of Schertz Attn: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, Texas 78154 CITY OF SCIIERTZ The Davey Tree Expert Company Service Agreement CONTRACTOR: By: Name: Title: CONTRACTOR: The Davey Tree Expert Company 18838 FM 2252 San Antonio, TX 78266 210 -981 -2870 PAGE 8 Exhibit "A" SCOPE OF WORK Proiect Contractor shall provide tree pruning services at various City parks. Location Crossvine /Sedona Park — 11700 Longleaf Parkway (Pencil Cholla & Gilla Bend) Cypress Point Park — 556 Cypress Point Forest Ridge Park — 17529 Wiederstein Road Lone Oak Park — 100 block of Roundtree Drive Thulemeyer Park — 901 Oak Street Ashley Park — 534 Ashley Park Drive Schertz Parkway Median — Schertz Parkway Schertz, TX 78154 Scope of Work Contractor shall provide tree pruning services at various City locations. The work will consist of, but is not limited to, tree trimming, maintenance and, repairing. The service locations, along with a specific scope of work, are listed below: - Crossvine /Sedona Park— 11700 Longleaf Parkway (Pencil Cholla & Gilla Bend) • Class II prune all trees in future park area as shown on diagram. • Remove I" diameter and larger deadwood, —70% ball moss, 90% mistletoe growth, and touch up trunk/interior 3rd canopy sucker growth. • Lightly thin canopies where needed for health. • Reduce branch end weight where needed to reduce risk of limb failures. • Elevate canopies 8' -18' over ground as needed for clearance (based off tree age). • Elevate canopies 6' -10' over abandoned building for clearance. • Remove to grade crowded, invasive trees near abandoned building. • Remove to grade any dead/hazardous trees as deemed necessary. • Remove existing deadfall /downed trees & limbs. • Paint wounds on oak species created during work. • Chip brush debris and blow mulch back out over ground to be repurposed by Schertz Parks & Rec staff where feasible. • Remove additional mulch generated and larger logs off site for disposal. Cypress Point Park — 556 Cypress Point • Class II prune all trees in park area to elevate canopies & improve appearance. • Remove 1" diameter and larger deadwood, —70% ball moss, 90% mistletoe growth, and touch up trunk/interior 3rd canopy sucker growth. • Lightly thin canopies where needed for health. • Elevate canopies 8' -12' over ground as needed for clearance (based off tree age). CITY OF SCIIERTZ PAGE 9 The Davey Tree Expert Company Service Agreement • Remove to grade dead /hazardous trees as needed. • Elevate canopies /remove sucker growth for 8' -10' of trail clearance. • Remove overgrown underbrush and volunteers beneath more mature shade trees. • Remove existing deadfall on park grounds. • Paint wounds on oak species created during work. • Chip brush debris and blow mulch back beneath trees where feasible. • Remove additional mulch generated and larger logs off site for disposal. Forest Ridge Park — 17529 Wiederstein Road • Utility right of way. • Class III prune native area tree canopies overhanging /within 5 ft. of crushed granite trail to remove 2" diameter and larger deadwood. • Remove 1" diameter and larger deadwood, —70% ball moss, 90% mistletoe growth, and touch up trunk/interior 3rd canopy sucker growth. • Lightly thin canopies where needed for health. • Elevate canopies 8' -12' over ground as needed for clearance (based off tree age). • Remove to grade dead/hazardous trees as needed within 10 ft. of crushed granite. • Elevate canopies /remove sucker growth for 8' -10' of trail clearance. • Remove overgrown underbrush within 5' -10' of trail for ease of maintenance. • Remove existing deadfall within 10' of trail. • Paint wounds on oak species created during work. • Chip brush debris and blow mulch back into native area where feasible. • Remove additional mulch generated and larger logs off site for disposal. - Lone Oak Park— 100 block of Roundtree Drive • Class I prune live oak trees in park to improve health, form, & appearance. • Remove 1/2" diameter and larger deadwood, 80 -90% ball moss, 90% mistletoe growth, and touch up trunk/interior 3rd canopy sucker growth. • Heavily thin overgrown canopies where needed for health & light to turf. • Elevate canopies 8' -12' over ground as needed for clearance (based off tree age). • Paint wounds on oak species created during work. • Clean up /haul off debris generated from work. Thulemeyer Park — 901 Oak Street • Class II prune all park trees to elevate canopies and improve appearance/health. • Remove 1" diameter and larger deadwood, —70% ball moss, 90% mistletoe growth, and touch up trunk/interior 3rd canopy sucker growth. • Lightly thin canopies where needed for health. • Elevate canopies 8' -12' over ground as needed for clearance (based off tree age). • Elevate canopies for 14' -15' clearance where needed for drive clearance. • Paint wounds on oak species created during work. • Clean up /haul off debris generated from work. - Ashley Park — 534 Ashley Park Drive • Class II prune all trees in park area & 2 trees adjacent to path from Cove Trail. • Remove 1" diameter and larger deadwood, —70% ball moss, 90% mistletoe growth, and touch up trunk/interior 3rd canopy sucker growth. CITY OF SCHERTZ PAGE 10 The Davey Tree Expert Company Service Agreement o Lightly thin canopies where needed for health. o Elevate canopies 8' -12' over ground as needed for clearance (based off tree age). o Trim back native canopies along Cove Trail sidewalk for 4' -6' clearance from railing. o Lightly elevate canopies /remove small volunteer trees as needed to clean up appearance of native area within 5' -10' of maintained edge. o Paint wounds on oak species created during work. o Chip brush debris and blow mulch back into native area where feasible. o Remove additional mulch generated and larger logs off site for disposal. Schertz Parkway Median — Schertz Parkway o Class I prune all trees and woody shrubs in Schertz Pkwy median area ( -300). o Remove 1/2" diameter and larger deadwood, -90% ball moss, 90% mistletoe growth, and touch up trunk/interior 3rd canopy sucker growth. o Lightly thin canopies where needed for health and improved form /branch spacing. o Elevate canopies 6' -10' over ground as needed for clearance (based off tree age). o Shape back canopies past curb line as needed for street clearance. o Paint wounds on oak species created during work. o Clean up /haul off debris off site for disposal. o Purchase, transport, and properly install new mulch rings around —300 trees and shrubs in Schertz Pkwy median area. o Use black - colored, shredded, hardwood mulch and install to depth of Y-4" deep at edge of berm and tapering to lighter layer within 1 -2" of trunks (no over-mulching!) o Install rings to radial width of 12 " -36" from trunks as needed based on plant size and requirements. o Clean up/haul off any debris generated from work. Contractor shall possess the necessary equipment to provide requested services. All equipment to be used and all work to be performed shall be in full compliance with most current revision of American National Standards Institute, standard Z -133.1 (Safety Requirements for Pruning, Trimming, Repairing, Maintaining, Removing, and for Cutting Brush). Price Total Fee: $119,125.00, to be paid upon final acceptance of work by the City. CITY OF SCIJERTZ PAGE 11 The Davey Tree Expert Company Service Agreement Exhibit "B" REQUIREMENTS FOR ALL INSURANCE DOCUMENTS The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows: 1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non - renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non - contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B +. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz emailed to: purchasing(&schertz.com Purchasing Department Faxed to: 210 - 619 -1169 1400 Schertz Parkway Schertz, TX 78154 CITY OF SCHERTZ PAGE 12 The Davey Tree Expert Company Service Agreement . t�1 l� nJti+Ztwumarawr� CERTIFICATE F L:I�L�rI�..IT I�i+i���4�t1���i1G o4�111'1Ubo PHIS 011111,5PICAM 16 ISSUED AS A FAKIIT ®11 Cif, IPIF'o11mAir1a1I ONLY AND CONPEII -B 140 I11011T8 (PON TM t DRV:IPIOATH HDL4eR. 11118 0115MVIOAV 00416 NOT AITfrJFtfTA71VIII,Y OR I'MOA714fPLY AWNI). 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M-Mr.1PA19 DII+N4i:LL Tlrla -- R 011OULD ANY OF TILe AIDOV11 DI'MORIDIM PO1.4VIP%hE COUJULLUI) DEFORe THIII 10hlAI"N PAIR 1H1:RGOP, ROME 1P11L1, Pli DELIVE11101) IN OQ 1400 Scheffz Parkway ACOOHMNOCIA4711 T1iGd ^OLIFYI "ROYI91PNIr. .8chinoz, Tx M54 4 Aulnumzip riaPRl11curAmu Att1, PurchaMr1q D@pl. +s AI.)T I 10RIM-0 RIONATURCE IiEQUIRK I—I CORD 29 (2010h) The ACOIID namo and logo nro raV910rad n111lIka of AC01`10 CITY OF SCHERTZ PAGE 13 The Davey Tree Expert Company Service Agreement (Instructions for completing and submitting a certificate to the City of Schertz) Complete the certificate of insurance with the information listed below: A) Certificate of Insurance date B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name /names of insurance company) * *(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non - Contributory (4) Cancellation Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non - renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. CITY OF SCHERTZ PAGE 14 The Davey Tree Expert Company Service Agreement Exhibit "C" EVIDENCE OF INSURANCE CITY OF SCHERTZ PAGE 15 The Davey Tree Expert Company Service Agreement Agenda No.5 CITY COUNCIL MEMORANDUM City Council Meeting: March 22, 2016 Department: Parks Subject: Resolution No. 16 -R -29— A Resolution by the City Council of the City of Schertz, Texas authorizing a contract with the Aquatic Renovation & Service company for pool liner replacement services at Pickrell pool BACKGROUND The City desires to procure swimming pool liner replacement services for Pickrell pool. On September 15, 2015, Council passed ordinance No. 15 -T -33 to approve funding in the amount of $65,000 to accomplish this task. The scope of work involves the installation of a new, adhered PVC pool liner system. This replacement liner will allow the safe use of the pool by the public for many years to come. The project was publicly bid using a Request for Proposals (RFP). This method allows the City to choose a contractor not only based on cost, but on qualifications and experience as well. Three (3) bids were received for this project. Parks has chosen to recommend the Aquatic Renovation & Service company. The Aquatic Renovation & Service company was the lowest bidder. Furthermore, after evaluation of the review committee, staff determined that the Aquatic Renovation & Service company was also the best value selection based on the rest of the criteria including experience, qualifications, reputation, capability, past performance, experience with other entities, experience with similar projects, available resources, and corporate history and stability. Community Benefit Replacement of the pool liner at Pickrell pool is absolutely essential at this time in order for the public to safely utilize this facility beginning Spring /Summer, 2016. The new liner replaces the thirteen (13) year -old liner (installed in the Spring, 2003) that has failed. Summary of Recommended Action Staff recommends Council approve hiring the Aquatic Renovation & Service company for a contract amount of $68,293.50 for pool liner replacement services. FISCAL IMPACT The fiscal impact of the project will be $68,293.50. The majority of the funding for this project will be paid from the funding ($65,000) that was already approved via ordinance No. 15 -T -33. The balance of $3,293.50 will be paid for out of the contingency fund. RECOMMENDATION Staff recommends Council approval of Resolution 16 -R -29. ATTACHMENTS Resolution 16 -R -29 Exhibit A: Agreement for Pool Liner Replacement at Pickrell Pool RESOLUTION NO. 16 -R -29 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH THE AQUATIC RENOVATION AND SERVICE COMPANY FOR REPLACEMENT OF THE PICKRELL PARK POOL LINER AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Parks Department is charged with the responsibility of maintaining the infra- structure at Pickrell Pool; and WHEREAS, it was determined on September 15, 2015, by Council Ordinance No. 15 -T -33 that funding be set aside to replace the failing pool liner in Pickrell Pool; and WHEREAS, three (3) bids were received through the sealed bidding process and the Aquatic Renovation and Service company was the lowest bidder and provided the best combination of price and value at a cost of $68,293.50; WHEREAS, The City staff of the City of Schertz (the "City ") has recommended that the City accept the bid proposal from the Aquatic Renovation and Service company for pool liner replacement services; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the Aquatic Renovation and Service company pursuant to the recommendation made by Parks Staff. 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 contract with the Aquatic Renovation and Service company for pool liner replacement services. 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 22nd day of March, 2016 CITY OF SCHERTZ, TEXAS Michael R Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) -2- CITY COUNCIL MEMORANDUM City Council Meeting: March 22, 2016 Department: EMS Agenda No. 6 Subject: Ordinance 16 -T -05 — Budget adjustment to the Schertz Emergency Medical Services Fund to adjust appropriate accounts after receipt of grant. First Reading BACKGROUND: Schertz EMS has had an active and successful Mobile Integrated Healthcare Program since 2013. We have focused on High Utilizers of the 911 system and have successfully reduced the number of 911 calls from multiple patients, freeing up emergency resources in the City. By working with these patients, we have also improved their access to healthcare, thereby improving their health and quality of life as well as reducing costs to both the patients and the payers. Schertz EMS has been an active participant in the Southwest Texas Regional Advisory Council's Mobile Integrated Healthcare Consortium over the last year and a half. The STRAC MIH Consortium is currently made up of Schertz EMS and the San Antonio Fire Department. The STRAC MIH Consortium has been successful in growing both programs and obtaining multiple large resources to allow our patients to utilize. Recently, the STRAC MIH Consortium was approached by University Health Systems Research Department and asked to participate in a National Access Improvement Program Grant Project regarding high utilizer pediatric asthma patients that are covered by Community First Health Plans Insurance. This project is scheduled to last for six months and will include our MIH Paramedics visiting pediatric asthma patients in their homes in an effort to educate them and their families on better management of their disease. The overall goal of the project is to reduce the number of hospital emergency room visits through proper management of their asthma. The project will grant funds to Schertz EMS to reimburse the costs associated with visiting these patients. FISCAL IMPACT A total of $168,497 has been awarded to Schertz EMS by the STRAC MIH Consortium to cover the costs of visiting these patients between February 1 and August 31, 2016. These costs will cover one MIH Paramedic that has been selected from our current full -time paramedic staff. This is not an additional FTE position at this time, rather a reassignment of duties. We will cover this person's field shifts with part time personnel. Additionally, these funds will cover a patient care monitor and a vehicle that will be used by the MIH Paramedic to visit patients as well as other medical supplies necessary for the treatment of pediatric asthma. Schertz EMS will invoice the STRAC MIH Consortium for all of the incurred expenses during the project. The grant will cover all expenses related to the program. This program will not need any additional City funding. RECOMMENDATION Staff recommends Council approve Ordinance 16 -T -05 first reading. ORDINANCE NO. 16 -T -05 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE SCHERTZ EMERGENCY MEDICAL SERVICES FUND TO ADJUST APPROPRIATE ACCOUNTS AFTER RECEIPT OF A GRANT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 15 -T -30, the City of Schertz (the "City") adopted the budget for the City for the fiscal year 2015 -2016 (the `Budget), which provides funding for the City's operations throughout the 2015 -2016 fiscal year; and WHEREAS, the City needs to adjust the Budget to increase the Schertz Emergency Medical Services funding by $168,497 to account for the receipt of a grant for a Mobile Integrated Healthcare project; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the increase of funding for the Schertz Emergency Medical Services; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Budget and increase the adopted budget, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget and shall increase the Emergency Medical Services Budget by $168,497 to match the adopted FY 2015 -16 Budget to the proposed budget. Section 2. The sums below show the corrected EMS budget line items for the FY 2015- 16 Budget after grant acceptance: 2015 -2016 EMS Budget LINE ITEM Original Budget Amended Budget Personnel Services $ 3,407,571 $ 3,479,251 Supplies $ 393,831 $ 400,731 Human Services $ 1000 $ 1,000 City Support Services $ 34,850 $ 34,850 Utility Services $ 149,840 $ 151,653 Operations Support $ 62,555 $ 62,655 Staff Support $ 84,600 $ 84,792 City Assistance $ 13,400 $ 13,400 Professional Services $ 146,680 $ 146,680 Fund Charges $ 2,556,485 $ 2,556,485 Maintenance Services $ 77,100 $ 77,380 Debt Service $ 205,498 $ 205,498 Rental Lease $ 81,541 $ 81,541 Operating Equipment $ 234,500 $ 242,827 Capital Outlay $109,000 188,204 Total $ 7,558,451 $ 7,726,947 Section 3. The City will recognize $168,497 additional revenue through the grant, offsetting the increase in budget. No additional City funds will have to be spent as a part of this project. 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 5. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. 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 7. 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 50558021.1 - 2 - 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 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 22nd day of March, 2016. PASSED, APPROVED and ADOPTED ON SECOND READING, the 5`h day of April, 2016. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 3 -