06-07-2016 Agenda with backupCity Council Agenda
REGULAR SESSION CITY COUNCIL
JUNE 7,2016,6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
COMMUNITY.SERVICE.OPPORTUNITY
City of Schertz Core Values
Do the right thing
Do the best you can
Treat others the way you would want to be treated
Work cooperatively with others
Call to Order — City Council Regular Session
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Councilmember Azzoz)
City Events and Announcements
• Announcements of upcoming City Events (B. James/D. Wait /S. Gonzalez)
• Announcements and recognitions by City Manager (J. Kessel)
New Employee Recognition
• Animal Services — Animal Services Officer Colette Dorrell
• Utility Billing — Meter Technician 1 Justin Franklin
• IT — IT Web Developer Keyasha Brothern
• Police Department — Police Officer Amanda Catoe, Police Communications Officer
Matthew Llanez
• Public Works — Public Works Street Worker 1 Doug Crawford, Water /Wastewater
Serviceman 1 Michael Eighinger, Fleet Mechanic 1 Steven Brozovic and Brian Siepert
• Public Affairs — Pt. Time Customer Relations /311 Representative Renee Sweeney - Tidball
Presentations:
• Presentation regarding Mental Health Awareness by Susan Delano and Lauren Richter of
Connections Individual and Family Services.
Hearing of Residents
06 -07 -2016 Council Agenda
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.
Discussion and Action Items
1. Minutes — Consideration and/or action regarding the approval of the minutes of the Special
Council On the Go Meeting of May 17, 2016, the Regular Meeting of May 24, 2016, and
the Joint .Meeting of May 25, 2016. (J. Kessel /B. Dennis)
2. Resolution No. 16 -R -39 — Consideration and/or action approving a Resolution authorizing
the approval of the Bexar Metro 911 Budget for Fiscal Year 2017. (D. Wait /D. Wait)
3. Resolution No. 16 -R -40 — Consideration and /or action approving a Resolution authorizing
an additional Council meeting on August 30, 2016 and the cancellation of the August 2,
2016 Council meeting. (J. Kessel /J. Santoya /J. Walters)
4. Ordinance No. 16 -D -14 — Consideration and /or action approving an Ordinance amending
Section 86 -115 of the City Code of Ordinances, Maximum limits on specific streets by
changing the entire length of Corbett Drive to 30 MPH. First Reading (B. James /K.
Woodlee /C. Palomo)
5. Ordinance No. 16 -D -15 — Consideration and /or action approving an Ordinance amending
Section 86 -118 of the City Code of Ordinances, Maximum Limits in School Zones for a
certain street, removing the school zone for a certain street, and reducing the area for the
school zone on a certain street to include the school zone on Corbett Drive Between FM
1518 and Alsation Way. First Reading (B. James /K. Woodlee /C. Palomo)
6. Ordinance No. 16 -D -16 — Consideration and /or action approving an Ordinance amending
Section 86 -149 of the City Code of Ordinances, Parking Prohibited, to include a 5 minute
parking zone limit at the Kramer Farm mail kiosk. First Reading (B. James /K. Woodlee /C.
Palomo)
7. Resolution No. 16 -R -41 — Consideration and/or action approving a Resolution authorizing
the License and Management Agreements with the YMCA for Operation and Maintenance
of the Recreation Center, Outdoor Pools, Splash Pad, Enclosed Community Swimming Pool
of Competition Quality, and Indoor Recreation Pool. (B. James/B. James)
06 -07 -2016 City Council Agenda Page - 2 -
Roll Call Vote Confirmation
Requests and Announcements
8. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
9. 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.
10. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
Adjournment
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 3rd DAY OF JUNE, 2016 AT 2:15 P.M. WHICH IS A
PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE
WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE.
g�ewala �eww�s
Brenda 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.
06 -07 -2016 City Council Agenda Page - 3 -
The City Council for the City of Schertz reserves the right to adjourn into executive session at any
time during the course of this meeting to discuss any of the matters listed above, as authorized by the
Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal
counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a
written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental
body and constitutes an opinion by the attorney that the items discussed therein may be legally
discussed in the closed portion of the meeting considering available opinions of a court of record and
opinions of the Texas Attorney General known to the attorney. This provision has been added to this
agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter
551144(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
06 -07 -2016 City Council Agenda Page - 4 -
Lei' 1
City Council Meeting: June 7, 2016
Department:
Subject:
BACKGROUND
City Secretary
Minutes
Agenda No. 1
The City Council held a Special Council on the Go "Town Hall" meeting on May 17, 2016, a
Regular Meeting was held on May 24, 2016, and a Special Joint Meeting with CVLGC and City
of Cibolo was held on May 25, 2016.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the Special meeting of May 17, 2016, approve
the minutes of the Regular Meeting of May 24, 2016, and approve the minutes of the Joint
Meeting of May 25, 2016.
ATTACHMENTS
Special Meeting of May 17, 2016
Regular Meeting of May 24, 2016.
Joint Meeting of May 25, 2016
MINUTES
SPECIAL TOWN HALL MEETING
May 17, 2016
A Special Town Hall Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
May 17, 2016, at 6:30 p.m., at Norma J. Paschal Elementary Cafeteria, 590 Savannah Drive, Schertz,
Texas. The following members present to -wit:
Mayor Michael Carpenter
Councilmember Jim Fowler
Councilmember Daryl John
Staff Present:
Executive Director Brian James
City Attorney Charles Zech
Deputy City Secretary Donna Schmoekel
— City Council Special town Hall
Mayor Pro -Tern Cedric Edwards
Councilmember GrunmpyAzzoz
Councilmember R6 bin Tho npso
City Manager Johri Kesel
Executive Director Dudley Wait
City Secretary Brenda Dennis
Mayor Carpenter called the meeting to order at 6:31 p.m;1layor Carpenter led the Pledges of
Allegiance to the Flags of the United States and State of Texas.
Welcome and Introduction
• Mayor Michael Carpenter /Mayor Pro -Ter C
ad Updates
)vided° a brief overview of the evening's
> citizens will have an opportunity to ask
ttioned that if citizens had specific questions
t to them.
City Engineer Kathy Woodlee who provided the following
In November 2015 the City of Schertz Bond Election provided for the following:
• $2 Million — FM 1103 Improvements
• $5 Million — FM 1518 Improvements
• $8 Million — Public Safety Facility, Southern Schertz
FM 1103
• Road Widening from 3 lanes to 5 lanes from IH 35 to Rodeo Way
• Authorized Funding:
• Schertz Contribution - $2 Million
• Cibolo Contribution - $7 Million
• Federal and State Funding - $16 Million*
05 -17 -2016 Minutes Page -1-
• Bridge Expansion over IH 35 (separate project)
• $8 Million Prop. I Funding (*as of 11/2015)
FM 1103 — Current Schedule (subject to change)
• Schematic design being updated based on input from public meeting
• Current traffic data being analyzed
• Environmental clearance expected Fall 2016
• Right-of-way acquisition, utility relocations
• Bridge Construction Start — Spring 2017
• Road Widening Construction Start — Summer 2018
FM 1518
• FM 1518 Improvements
— North of Ware - Seguin /Trainer Hale Road to
—Approx. Schaefer Road to Woman Hollering
• FM 78 to IH 10 — Innovative intersectiori, "impr(
• City of Schertz Bond - $5 Million
• TxDOT Contribution - $5 Million
• Alamo Area Metropolitan Planning Organizati�
Million
• Project currently programined,,for 2021 - $19.5
FM 3009 — Roy Richards Drive
• Sidewalk Construction Continuing —
funded)
• New Traffic ;Simal�at Deer Creek Bic
City Engineer Ka
the followinp:
) - Federal Funding - $9.5
September, 2016 (TxDOT
being designed (City of Cibolo
Brian James addressed questions from
Ms. Jill Moore, 3534 Woodland Farms, who asked what responsibilities
builders/developers have during construction and development regarding the streets
and the traffic ,6f, large construction vehicles. Also question regarding improvement of
roads during development.
Executive Director Brian , James explained addressing her questions. Mayor Carpenter also
provided input,
• Street U
Mayor Carpenter recognized City Engineer Kathy Woodlee who provided the following
information:
City-Wide Street Improvements
• Schertz: Parkway interim improvements — currently in design
• Staff currently working on professional services contract for Pavement Condition
Index (PCI) Survey
05-17-2016 Minutes Page - 2 -
•
• Survey is a basis for street improvement prioritization
• Street improvement projects being identified for improvement funding
• Street operations and maintenance activities
Schertz Parkway Traffic Light upgrades
Mayor Carpenter recognized Street Supervisor Robert Martinez who provided the following
information:
• Currently proposing to install the Yellow Flashing Arrows on Schertz Pkwy
intersections, Savanah Drive, Woodland Oaks Drive, Live Oalk Drive, Aero Street &
E1bel Road.
• Seven (7) total arrows with installation and
• Yellow Flashing lights - The purpose for
traffic moving on the main lanes and not plc
The light would continue to give a protectei
Total Cost $6,000.00
Cost per system $17,178.00 each.
Total Cost
Schertz Ueyelopment Updates
vehicles with a
is to keep the
Fish eye camera
with some additional system
Carpenter recognized Senior Planner Bryce Cox who provided the following
• Approximately 76 acres of new residential development proposed, under construction,
or recently completed.
• A total of 1.95 new single family residential lots.
• Projects include: Misty Woods, Wynter Hill, Bindseil Farms, and Kensington Ranch
Estates Unit 1
Misty Woods Subdivision & Wynter Hill. Subdivision
• Misty Woods is 36 Single Family Residential lots.
05 -17 -2016 Minutes Page - 3 -
• Wynter Hill is 58 Single Family Residential lots.
Commercial Development
• 7 new commercial projects
• A approximately 111,800 square feet of new commercial:
17,800 square feet Medical Office
48,000 square feet Assisted Living
3,700 square feet Retail
21,600 square feet Office
20,700 square feet Warehouse
• Park Updates
concerns regarding property
Economic Development departments, etc.,
rem property taxes from residential and
Mayor Carpenter recognized Director of Parks, Recreation and Community Services Chuck
VanZandt who provided,the following updated information on the aquatic facility:
• Contractor received notice to proceed with construction of the Schertz Aquatic Facility
on 11/05115.
• From 111,0511.5 through 02/04/16, contractor went through the process of acquiring the
various permits associated with the project including the Clearing and Grading Permit,
the Flood Plain Permit, the Development Permit, and the Building Permit.
• As the permit acquisition process was underway, contractor began the move -in at the
site on 11105115 by setting their mobile office, establishing the layout and location of
existing utilities, installing barricades and temporary fencing, and executing their
Storm Water Pollution Prevention Plan (SWPPP) which prevents contaminants from
their work site entering into the local storm water drainage system.
05 -17 -2016 Minutes Page - 4 -
• Sitework/earthwork began on 12/16/16 which included the major excavation for both
pools resulting in the mountain of soil that was located at site for period of time. A
smaller mountain reappeared in mid - February, 2016, as a result of the excavation
associated with the parking lot.
• Work to add select fill (processed soil) for the pools and pad began on 01/14/16.
Because of the expansion and contraction potential of the soil on site, select fill was
brought in to stabilize the soil upon which the various foundations would be built.
• The slab for the small pool was poured on 03/04/16
• The slab for the large pool was poured on 03/16/16.
• Plumbing and electrical utilities installation began on 03/2$/16 and is on- going.
• Spread- footings and grade beams have been excavated end wait for the pouring of the
building slab (originally scheduled for 05/03 - 04/15).'
PROJECTED SCHEDULE (TENTATIVE)
• Inclement weather has delayed various ele
a consequence, the following time line is e
• Building structural steel elements will be
continuing through the third week of June.
• The installation of the building exterior
installation of the structural steel. .nticip
unit) block walls and the various copon
west elevations of the building to begin m
• Anticipate the installation of the CMII (c
components that makeup the finish walls
begin late June and earnplet d by early Au
• Roofing installation for the "fi ility is sche
July.
the project and may continue to do so. As
J confirmed by the project superintendent.
,following the pour of the foundation and
to begin mid -June and be completed by mid-
Note: Building square footage is 19,005.
The second item of public interest is the installation of the new pool liner at Piekrell Park.
Since May 1.0, 2016, . we have had a contractor on site and he has 25 to 30 percent of the job
already complete. The goal is to have the pool back open for the Memorial Day weekend.
Parks Director Chuck VanZandt. Director of Planning and Community Development Lesa
Wood and Executive Director Brian James addressed questions from the following:
05 -17 -2016 Minutes Page - 5 -
• Ms. Jill Moore, 3534 Woodland Farms, who asked about having a park in her
neighborhood. She also addressed parkland questions.
• Ms. Mary Jo Gibson, 3844 Habersham, who had questions regarding the Forest Ridge
Park, lack of amenities and activities. (No pavilions, Playscape). She also asked if it
was a designated park. She indicated that kids are hanging out there.
• Mr. Michael Boyd, 905 Blue Forest Drive, who addressed questions regarding parks
and asked if the City had a map of all the parks.
• Ms. Margaret Boyd, 905 Blue Forest Drive, who also had questions regarding parks.
• Public Safety Facility Update
Mayor Carpenter recognized Fire Chief David
proposed location area for Fire Station No. 3 in
the intersection of FM 1518 and Lower Seguin
property of at least 4 or 5 acres. He stated the I
feet. It will ultimately be designed for Fires
ultimately need a presence there. It will ' alsc
backup Emergency Operations Center (EOC).
public safety response and it will improve our re
No questions from the audience
)vington 'who provided a map showing the
uthern Schertz whilm will be in and around
gad. The facility will require a purchase of
ility will be between 15,000- 18,000 square
S, Police or Public Works, if any of them
the as a general community room and a
rhd facility will be designed for efficient
)rise time for central Schertz as well.
Mayor Carpenter took a moment to introduce members of council that were present as well as
staff members from the I city leaderships team,: Members of Council stood and introduced
themselves.
Carpenter opened the flodf'for any additional questions from the audience Executive
-meat and City "',Staff "provided information and answers. The following asked
31
• Mr. Stephen M gley, 525 Woodland Oaks Drive, comments and praise for keeping the taxes
down, question regarding the regulation on replacing fences.
• Ms. Mary Jo Gibson, 3844 Habersham, who addressed questions regarding short term rental
properties.
• Mr. Michael Boyd, Sr., 905 Blue Forest Drive, who asked about the proposed apartment
complex on Wiederstein Road and FM 3009.
As there were no more questions, Mayor Carpenter thanked the residents for coming and participating
and all the City Staff members for making this a very successful meeting. Each member of Council
provided their appreciation for attending this evening.
05 -17 -2016 Minutes Page - 6 -
Adjournment
Mayor Carpenter adjourned the meeting at 8:28 p.m.
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
05 -17 -2016 Minutes Page - 7 -
MINUTES
REGULAR MEETING
May 24, 2016
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 24,
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
City Attorney Charles Zech
Deputy City Secretary Donna Schmoekel
Councilmember Robin Thompson was absent.
Call to Order — City Council Regular Session
Mayor Carpenter called the meeting to
(Councilmember Fowler)
Mayor Pro-Tem Cedric ' Edwards
Councilmember Grumnv Azzoz
City Manager,, John Kissel
Executive Director Dudlpy,'Wait
City Sceretary'Brenda Dennis,
Assistant to the City Manager
in.
Gonzalez
Carpenter recognized Assi tint to the City Manager Sarah Gonzalez who provided the
Wednesday,,, May 25,,,,,CVLGC Board Meeting, City of Cibolo Council Chambers, 200 S.
Main St., 5:36 -6:30 p.m.
Wednesday, May 25, CVLGC Workshop, with City of Schertz and City of Cibolo, Cibolo
Council Chambers, 200 S. Main Street, 6:30 p.m.
• Thursday-Friday, May 26 & 27, Denton Navarro Rocha Bernal Hyde, 2-Day Hog Wild
Continuing Education Seminar, Texas State University 601 Student Center, San Marcos.
• Friday, May 27, Schertz Animal Services Microchip & Shot Clinic, 6-8 p.m. at the Pickrell
Park in Schertz. Free microchips for the first 100 pets; low cost vaccinations will be available.
• Friday, May 27, Coffee with The Chamber, 7:30 - 9:30 a.m., 1730 Schertz Pkwy.
• Monday, May 30, City Offices Closed in observance of Memorial Day.
• Monday, May 30, Memorial Day event at the Schertz Veterans Plaza, 9:00 a.m.
Refreshments after the ceremony at the Knights of Columbus Hall.
05-24-2016 Minutes Page - I -
• Monday, June 6- Friday, June 10, Junior Fire Academy, Schertz Fire Department, 8:00 a.m. -
12:00 p.m. Camp is for students of Schertz residents entering the 5th or 6th grade in the 2016-
2017 school year. Limited participants, so get your application in early.
SAVE THE DATE
• Thursday, June 9, Northeast Partnership Meeting, Olympia Hills Golf and Conference
Center, lunch /meeting starts at 11:30 a.m.
• Friday & Saturday, June 10 -11, Schertz Library Mini Golf Fund Raiser to expand the E-
Book Collection. Silent auction, games and more! Hours are Friday 6:00 p.m. -10:00 p.m.
Saturday 9:00 a.m. -7:00 p.m.
• Announcements and recognitions by City Manager
Mayor Carpenter recognized City Manager John Kessel who passed out a,, letter he received
from Scenic Hills residents who thanked the Mlowing individuals for allowing there to spend
time in their community: Dudley Wait, tesa Hooks, Doug ,'Ledbetter and
t
Robert Martinez. Mr. Kessel stated that on May 2 they visited and provided them good,
solid updates on projects that dealt specifically with their community. They also updated
them on projects near their community that will affect their way of life. They also
commended the Public Works staff Whti seems to spend a 1pt of time in the community
repairing waterlines. This is all very much a iprJated.
Mayor,Carpenter recognized the following Boy Scouts with Troop 41.3 who were in the audience this
evening: Mullin Lueb, Jonathan & Joshua Powers, Colton Hale, Matthew and Cristian Neumann and
Nicco Campos,, Mayor and Council welcomed them and had them stand to be recognized.
Presentations:
A. Resolution No,,16 -R -36 — Consideration and/or action approving a Resolution by the City
Council of the City of Schertz, Texas approving the 2016 Recipient of the Hal Baldwin
Scholarship. (J. Kessel /S. Gonzalez)
The following was read into record:
RESOLUTION NO. 16 -R -36
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPROVING THE 2016 RECIPIENT OF THE HAL BALDWIN
05 -24 -2016 Minutes Page - 2 -
SCHOLARSHIP, AND RESOLVING OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who stated at
the City Council meeting on May 10, 2016, the City Council agreed with the Advisory
Committee's recommendation of the 2016 recipient for the Scholarship: Elena Garcia -
$5,000. Staff recommends approval of Resolution No. 16 -R -36 approving the 2016
Recipient of the Hal Baldwin Scholarship.
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor
Pro -Tern Edwards to approve Resolution No. 16 -R -36. 'the, vote was unanimous with
Mayor Pro -Tem Edwards, Councilmembers Fowler, ,zoz, and John voting for and
no one voting no. Councilmember Thompson was absent - Motion passed.
Ms. Gonzalez provided the audience with a,-brief background :tin Miss Garcia, her
accomplishments and future plans. Ms. Gonzalez asked Miss Garcia, ,Mayor Carpenter
and members of the Advisory Board present to join her up front they award and
presented Miss Garcia with the certificate: :Miss Garcia thanked the members of the
Advisory Committee, Mayor and Council and the City,fdr this opportunity.
B. Introduction of the FY201647 Sweetheart
Klepper /E. Matlock)
- Miss Schertz - Sydney Fisch(
- Miss Jubilee - Ashley Poern
- Miss Friendly City - Corinne
- Miss Sunshine �- Regina Dea,
Ambassadors. (S. Gonzalez /L.
Mayor Carpenter recognized Parks & Recreation Director Chuck VanZandt who
introduced Ms. Heather Hulbert President of SYSA who provided an update of the facility
and state o the program. Mayor and Council provided their comments on the success of
SYSA and their partnership with the City as well as other partnerships such as BVYA, and
the YMCA.
Mayor Carpenter moved to the discussion and action section of the agenda and stated we have an
individual who is here this evening to be appointed to our Committee of Committees Advisory Board,
and have resignations, appointments and reappointments of other members of the other boards,
commission and committees.
Discussion and Action Items
05 -24 -2016 Minutes Page - 3 -
5. Committee of Committees Advisory Board Member Resignation /Appointment —
Consideration and/or action ratifying the resignation of Mr. Frank McElroy of the Committee
of Committees Advisory Board and ratifying the appointment of Mr. David Reynolds to the
Committee of Committees Advisory Board due to the resignation of Mr. Frank McElroy.
(Mayor /Council /B. Dennis)
Mayor Carpenter stated that this item is to ratify the resignation of Mr. Frank McElroy of the
Committee of Committees Advisory Board and ratify the appointment of Mr. David Reynolds
to the Committee of Committees Advisory Board.
Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by
Councilmember Azzoz to approve the resignation of Frank McElroy from the Committee of
Committees Advisory Board and the appointment of David Reynolds to the Committee of
Committees Advisory Board. The vote was unanimous with Mayor Pro -Tem Edwards,
Councilmembers Fowler, Azzoz, and John 'noting for and no one voting no.
Councilmember Thompson was absent. Motion passed. Mayor Carpenter recognized Mr.
Reynolds who was in the audience this evening, nd thanked him for vo
6. Resolution No. 16 -R -38 — Consideration and /or
R -48 creation of the Committee of Committees
Committee of Committees Board Members and
resolution for internal consistency related to the
Dennis)
The following was read into record:
013Ra191 Ole DMI
riding and revising Resolution 15-
Board by updating Exhibit A the
minor amendment to the original
,requirements. (Mayor /Council /B.
A RESOLUTION, BY THE',CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING RESOLUTION NO. 15 -R48 CREATING A COMMITTEE OF
COMMITTEES ADVISORY" BOARD AND PROVIDING FOR THE PURPOSE,
ORGANIZATION, APPOINTMENT AND DUTIES OF THE BOARD, AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Carpenter stated this is an" item updating the original resolution and a housekeeping
item to keep up with the board. Mayor Carpenter recognized City Secretary Brenda Dennis
who stated there is a minor amendment to the original resolution which is suggested for
internal consistency related to the attendance requirements. The revised language is
consistent with the intent to not have members miss three meetings without notifying the chair
in any calendar year. The goal is to provide an updated listing of the board members, on
Exhibit A to the, Resolution and to continue meeting to be able to advise the City Council on
future planning and long term prioritization of city initiatives and when directed by City
Council or City Staff, assist with projects to include analysis of present and future needs and
prioritization, and report their findings back to City Council and/or City Staff. Additionally,
the Committee of Committees will be responsible for increased communication and
coordination between boards.
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro -
Tem Edwards to approve Resolution No. 16 -R -38. The vote was unanimous with Mayor
05 -24 -2016 Minutes Page - 4 -
Pro -Tem Edwards, Councilmembers Fowler, Azzoz, and John voting for and no one
voting no. Councilmember Thompson was absent. Motion passed.
Mayor Pro -Tem Edwards left the dais.
7. Appointments /Reappointments and Resignations to the various City Boards,
Commissions and Committees — Consideration and /or action regarding expiring
appointments/ reappointments and resignations to various City Boards, Commissions, and
Committees. (Mayor /Council /B. Dennis)
Mayor Carpenter recognized City Secretary Brenda Dennis who
for Boards, Commissions, and Committees held a meeting on
conduct interviews and consider appointments/ reappointmer;
Commissions, and Committees whose terms will be expiring May
The Interview Board requests Council ratify the resignations of:
- Mr. Marvin Thomas, from the Economic Development Board
- Mr. Grady Morris, Sr., from the Economic Development Baar<
- Ms. Aundra Davis, from the Parks & Recreation'ard
- Mr. John Cook, from the Traffic Safety Advisory Commission
- Mr. Gary Preston, from the Traffic safety Advisory Commissii
The members of the Interview Board',
appointments and appointments of the
and commissions with term expiration
Board of Adjustment
• Richard Dziewit —
o Earl Hartzog R ,
• David Revnolds -
nmittee of Committees Advisory Board
9 Floy (Fae) Simmons - Reappoint
cr ,Barbara Hall - Reappoint
o Michael Dahle -- Reappoint
of May 2
Economic Development Corporation
• Roseman Scott — Reappoint
• Paul Macaluso - Reappoint
• Katie Chain — Appoint as Regular Member -new
• Gary Howell — Appoint as Regular Member - new
Historical Preservation Committee
• Dean Weirtz - Reappoint
• Debbie Krause - Reappoint
• Sue Boissonneault — Reappoint
• Barbara Hall - Reappoint
• Lou Foehrkolb — Reappoint
05 -24 -2016 Minutes Page - 5 -
the Interview Board
ay, May 19, 2016 to
the various Boards,
16.
.,to Council the following re-
to various boards, committees
• Judith "Lynn" Foehrkolb — Reappoint
• Louis Segaloff - Reappoint
Library Advisory Board
• Bobbie Boyce - Reappoint
• Joanne Ward - Reappoint
• Neota Brady - Reappoint
• Carol Cyr - Reappoint
• Sandy Keiser - Reappoint
• Shonale Burke — Reappoint
• Rebecca Scheffler - Reappoint
Parks and Recreation Advisory Board
• Johnie McDow - Reappoint
• Sally Macias — Reappoint
• John Sullivan, Jr. - Reappoint
• Eric Haugen — Reappoint
• William "Bill" Bosch — Appoint as
Planning and Zoning Commission
• Ernest Evans Jr. - Reappoint
• Ken Greenwald - Reappoint'
• Michael Dahle — Reappoint
• Bert Crawford - Reappoint
Transportation
• Mark Da
• Larry Fi<
• Phillip R
• Glen Out
Hearing of Residents
Mayor Carpenter reco
I Cuncilmember Azzoz who moved, seconded by Mayor Pro -
appoifitments /reappointments and resignations as presented. The
Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz,
no one voting no. Councilmember Thompson was absent.
the following individuals who spoke:
• Student Gordon. Berghoffer of Kung Jung Mu Sul of Schertz who came forward providing
updates on their recent and upcoming activities. Mayor Carpenter commended Gordon
on, as one of the tenants, having an indomitable spirit; he showed this characteristic this
evening by coming forward and speaking.
• Mr. Glen Outlaw, 3729 Forsyth Park, who complimented staff on the recent Council on
the GO meeting. It was very informative and went very well and it was obvious to him
that staff had put a lot of work into this and they are getting better at hosting this event.
05 -24 -2016 Minutes Page - 6 -
He also stated that his wife and he attended the :Beatles in the Park event, an excellent
presentation. He is hopeful that more of these types of programs are in the works. The
large events the City hosts such as 4th of July Jubilee and Schertz Fest are great for the city
but the smaller events have a place in Schertz as well.
Lastly, regarding the resolution regarding the Committee of Committees Advisory Board,
he stated that reading through both the revised and the original resolution, he noticed there
was no mention in the documents regarding the qualifications that the person should
already be on a board or committee. He is sure that is what to intent was with Council
and this hasn't been an issue so far, but he recommends staff and` Council take another
look at it.
• Mr. Robert Brockman, 1000 Elbel Road, who stated lie was aver in the area of the old
animal shelter and noticed that the sign needed repair and had been vandalized. He also
stated that the dumpster needs repair too.
Workshop
Another, piece of information she retrieved is that the Cibolo Creek Municipal Authority
(CCMA ),,was established in 1971 to regionalize wastewater systems in the Randolph area to
eliminate:' ,objectionable:' ,environmental conditions and provide uninterrupted high quality
service in the Cibolo Creek area at the least cost to the communities served. This statement by
the Cibolo ereek Municipal. Authority was given to the Senate Committee on
IntergovernmentAl Relations. In 2012, the City of Schertz entered into an interlocal
agreement with'CCMA regarding the South Regional Plant.
According to recent census data released May 19, 2016, Georgetown and New Braunfels were
numbers one and two on the list of the highest population growth of cities with populations
greater than 50,000 from 2014 -2015 (Pflugerville was number 11). San Antonio added
29,536 residents between July 1, 2014 and July 1, 2015. Along with this growth coming to our
area, we must prepare to provide for infrastructure (wastewater, water, streets, drainage) in
order to serve the current and future population.
05 -24 -2016 Minutes
Page - 7 -
Ms. Woodlee introduced Assistant Public Works Director Jimmy Hooks who said wastewater
infrastructure is always recommended over on -site sewage facilities (septic systems) because
of their limitations and issues: 1) lot size, 2) soil characteristics, 3) individual property
owners responsible for maintenance, and 4) under certain conditions, treated water runoff
creates problems (Laura Heights example). As in Laura Heights, water that drains from yards
irrigated with septic treated water causes algae growth on streets and in drainage channels.
While septic systems function acceptably under appropriate conditions in certain locations,
sandy soils drain better but clays and loams do not. Soils in southern Schertz tend to be high
in clay content.
Ms. Woodlee stated that they are still proposing the recommended route to collect waste water
from the Woman Hollering Creek sewer shed and take it to the new CCMA treatment plant.
She provided a map showing the parcels of land that the line wilt run,through. They are still
waiting to get rights of entry from numerous property owners. They'loted at other routes to
determine of any of those would be less impactful and found there were nOpe that would be
less impactful than the recommended one. In order to serve the comparable area with an
alternative route, the line would have to be exeessively ocep and deeper lines are more
difficult and dangerous to maintain by staff.
Ms. Woodlee prodit
parcels of prop(
route and get the rig
survey and move on
owners ti, grant the
for direction.
a map showing that this sewer shed would collect wastewater from
(676 different owners). Staff continues to recommend the proposed
tf entryfrom the affected property owners so they can complete their
i the design. They are going to allow three more weeks for property
ts- of- entry; if they are unsuccessful, they will come back to Council
the public hearing and the following individuals spoke:
• Mr. Reagan Rawe, 7993 Trainer Hale Road, who stated that their property is at the 90 degree
turn where the city wants to put the system on. He spoke about the septic systems and how if
they are designed and constructed properly, they are acceptable at the local, state, and federal
levels, both in environmentally sensitive areas and wetlands. He disagrees with Mr. Hooks'
general statements that in this area we have nothing but Houston clay. The aerobic septic
system is the better one to use because it saves on water—it gets used for your plants. He
added if it limits the size of the acreage per home, then so be it.
05 -24 -2016 Minutes Page - 8 -
He also spoke about the San Antonio area (Salado Creek and Holbrook Road area between
Rittiman Road and Ft. Sam. During the 2002 flood conditions, the sewage line failed and it
took five days to find the area of leakage. It was leaking 3.3 million gallons of raw sewage
into the Salado Creek bottom. In 2013, they had another break. SAWS have said they are
going to abandon this practice of running the lines in the creek bottoms because of the failures
they have had. His question is what does Schertz think is going to be any different with the
Woman Hollering Creek versus the Salado Creek? He feels this project is being driven by
simple economics, not by necessity. He realizes Texas Law allows Schertz the right for
eminent domain to be able to acquire /steal our land for `need', but not for economics, and this
looks purely like economics (future development). At the last meetibg it was said this would
result in increasing the value of their land—yes—but it will also increase their tax bill. He
said this is a result of poor planning on the developers and citys,part and they resent it. The
farmers and ranchers are being run out of the area. He stated the city, did not have a plan when
they were annexed and he doesn't believe they had a plan for the sewer line either, other than
for the developers. They resent being forced into thi without gaining any benefit. He said
they can't vote for council and they don't get any benefits -- nothing.
• Mrs. Jeanne Wiederstein Rawe, 7993 Trainer Hale Road, who stated her and her brother's
families own the 100 year Texas Family Heritage"&ur that will be greatly affected by this
proposed sewer line. At the last meeting they were given answers to some of their questions
but were also told they should not let this be a social issue but look forward to the expansion
and development of Schertz. They d6,not have any intentions-of selling their farm. The map
from the last meeting indicated the Sedofia lift station will be demolished and the new one
will cost $825,000. She questioned what kind of, planning was done in 2011? Why was this
lift station built, and was it ever used? She reininded council of two of their core values: 1)
Treat others as you wq, d- want to be treated and 2) Work cooperatively with others. She
thanked those on council v hci have been svr pathetic to their concerns.
• Mr. Rod Ellison, 12762 "Wornn n Hollering Read, who said they think they have not been dealt
with, in::n ripen and honest manner. When they signed the agreement to enter their land they
still' thought them were options for three other routes. The truth is the only one being
considered is the one down Wonsan Hollering Road, which was misleading to them. The
implied threat of eminent domain causes them to say okay, come on to the land, thinking that
there'as an alternative; but there are none. Their issue is they are not going to be annexed,
they will just continue to be in the ETJ because the Woman Hollering Road is not one the city
wants to take on and service; it is too expensive. You have taken away other opportunities for
services and cur bills have increased (trash, water) and now we are stuck with whatever you
give us. You will not even replace our sign which has been gone now for seven years. They
have absolutely no relationship /services with the City of Schertz. He stated, as was mentioned
earlier, eminentf domain is denied if it is for the increase of the tax base or for economic
development. This project is exactly for that. They are not being served in any shape or form.
The bottom line is pipelines always leak and there is no guarantee this one won't leak. There
are alternatives (more expensive, yes), but they should be reconsidered. They want to be dealt
with fairly. This is truly taxation without representation. Eminent domain is not just about
what is best for the majority, but it is also about protecting the rights of the minority. He
hopes you will stand up for the rights of the minority in this case.
05 -24 -2016 Minutes Page - 9 -
Mr. Allen Wiederstein, 8175 Trainer Hale Road, who stated he emailed Ms. Woodlee about
some questions he had. One is the Woman Hollering Creek would affect about 26 owners and
FM 1518 would affect about 32 -40 owners. He wants an answer, 32 or 40? He also had
questions about the flow of water and the depth of the trenches. Regarding the comment by
Councilmember Fowler at the last council meeting that the property owner's kids might sell
the land later, his kids won't; they all live there and plan to stay. They take care of their land
because they enjoy it, and taking it away - - -he is totally against it.
As no one else spoke Mayor Carpenter closed the public hearing and opened it up to council
for comments and questions.
Mayor Carpenter recognized Mayor Pro -Tern Edwards who, asked Ms. Woodlee if she could
answer the last two questions. Ms. Woodlee stated in regard to the number of parcels of land
the route(s) would affect, each `alternate' route would impact a dif Pent number of parcels.
The other question which was in regard to `the dog leg' —what that: is doing is gravity is
flowing from FM 1518 back to the Woman Hollering line. It would be in ,the 10 -15 foot range
close to FM 1518, down to 15 feet deep becaus' the topography is lower as, you move along
down towards that tributary to the creek. The depth of the line remains fairly close as you
move along down the route; so in general, probably a' 1 0 -20' foot range.
Councilmember Azzoz, asked about the lift station that was put in during 2011. . Mr. Hooks
answered by stating that the Sedona lift station is in use—it pumps sewage from the Sedona or
Crossvine Subdivisions back to the package plant in the back. This one will be taken offline
and will gravity,flow down to the IH -10 area which will continue on to the regional plant. The
smaller lift station ryas designed to service the Crossvine Subdivision so they could get
moving until a line such as this proposed one is built. So there is a treatment plant at Sedona
that will be completely abandoned in favor of a larger single lift station and another regional
treatment plant that will serve a much larger area.
Executive Director Brian James addressed Councilmember Azzoz' concern about poor
planning and wasting money when perhaps we should have built what we needed in the first
place. The problem is we often can't build the ultimate infrastructure because there is no way
we could have invested that kind of money ten years ago. Often, cities will build lift stations
to serve an interim condition, and the plan is to take those offline later on as you complete
your infrastructure system. Ideally as we build we want to minimize the number of lift stations
05 -24 -2016 Minutes Page - 10 -
we have. As an example we are currently working with the developer of the Homestead
Project and talking with them about lift stations and the ultimate sewer service shed. In the
interim, you make these improvements and very often the developer foots the bill for that. He
cited Corbett Jr. High School as an example, where the school district had a pressing need for
a new school but the infrastructure was not in place yet—so they built a lift station and sized it
based on how long you estimate you will use it.
Mr. James stated to touch on his other point which was, we have this alignment, why didn't
we survey and look at a bunch of other different alignments. The first step we are trying to do
is to get out and survey on what we believe is the appropriate line,,do that survey, do that geo
tech work, look at what we have and say how exactly does this Brie need to be designed and is
it a viable alignment, are the depths what we think they are; etc. Ultimately, the idea is rather
than impact a whole lot of property owners, what we cart do is' soe preliminary engineering
work to say what does that line look like. Staff basically knows they are not going to get an
alignment where everyone is going to say they like it. These are the challenges we are running
into. The reality of it is we are in a very fast growing state and in a very fast growing region in
the state of Texas.
Councilmember Azzoz recommended the city select an alternative route. Mr. James pointed
out that any route chosen will have its challenges. There will be folks on each alternative route
who oppose it, plus all the other'routes affect more properties. Secondly, the other routes
don't serve as large an area. In order to provide service, w would ultimately have to run
another line and we'd have to go through the same thing again: Lastly, with sewer lines you
want to follow that natural slope, that low spot,,, and you won't have to have as deep a line.
The deeper we go the more dangerous it is for staff tt maintain. If there was a better option
and less people would le angry, we would take it even if it costs more. We have done so in
the past, spendinmore'rnnncy to get a better product. This is about having the impact on as
few as people as possible. Chu cilmember A zoz said he just cannot vote yes for this.
Councilmember J.ohh had a few questions. Are there any properties that cannot hook up to the
sewer line in this" area? Executive Director Brian James stated until they get a design going
they won't know for sure. He also asked if there was a leak would there be any possibility of a
property being classified as a toxic waste dump. Mr. James stated he really couldn't say how
bad it could be. The last question was would there be any compensation if eminent domain
was utilized? City Attorney Charles Zech answered yes, the law requires that the owner be
provided with fair market value for the property /easement, damages, etc.
Councilmember Fowler asked if this sewer line is going to be put inside a sleeve. Ms.
Woodlee stated there may be particular locations where it may be in a casing. On council they
05 -24 -2016 Minutes Page - 11 -
look at 5 year plans and growth rates and in order to meet future requirements, there are things
we want to do now to get ready for that. The south side is going to see more development.
When we need to repair a sewer leak, wouldn't it make sense to put the line in at the least
depth for easier maintenance? He made observations regarding higher taxes, borrowing
money for making improvements, etc. It is economy. The city is growing and we want to help
it grow. Development is going to happen but we want to do it as efficiently as we can.
Councilman Azzoz stated growth is great but it has to be controlled growth. Freedom is great
but it has to be controlled freedom. But we always complain about the government saying we
are going to do this. That is what we are telling folks. This is goi g to happen. We need to
take a step back and protect the rights of the people, not concentrate on the growth and
development. A fast growth could lead to a disaster. A total freedom could lead to a disaster.
He is pretty much an advocate of people's rights. Mr. Azzoz contittued expressing his opinion
and desire for staff to select another route.
Mayor Pro -Tem Edwards stated he wanted to cat
sets the vision, we don't do the implementation; -s
direction on where to go, he thinks that would be: c
the city. He also stated he wants to find out fror
agreement with you guys to help solidify this and
come forward and answer his auestion.
The following individuals came
0 Mr. Allen Wiederstein, 8175 Tr,
accessibility problem, if, they do have a
with a tractor. Mr," James abswered that
there. In an emiel
possibly
on everyone on the dais because council
for one of us (council) ' to give you (staff)
ngerous,for the council as ,whole and for
`e landowners, are we even close to an
0 forward. He invited any one of them to
Road,, answered that where they live it is an
re is no access through his property except
d normally follow the line (easement) to get
to look for an alternate route to get in.
Mayor Carpenter recognized Councilmember Fowler who stated that was a good question.
The city has a reserve fund and right now it is at about 25% of the annual budget, which
makes it at about $25 million. This money is basically for emergencies like this (fire,
tornado). This would allow the city to get everything they need rather quickly to correct the
problem. Mayor Carpenter added for the record, actually it is about $7 million of
`unrestricted' funds that would be available. The other reserve money is `restricted' for
specific uses.
05 -24 -2016 Minutes Page -12 -
Executive Director Brian James came forward to state clearly that generally they will always
try to come through the `easement', which is kept clear and maintained (no brush, trees, etc.).
There has to maintenance on this to keep things out of the way so there is always unimpeded
access to it for staff.
Executive Director Dudley Wait came forward stating part of the reason to also keep the
easements clear is so that leaks can be spotted easily. Additionally, our public works
employees have four wheel drive vehicles and they go out to inspect these lines on a regular
basis to look for leaks. They carry equipment with them so if they spot something they can
start working on it immediately.
Mayor Pro -Tem Edwards suggested to Public Works Departint Assistant Director Jimmy
Hooks that since this is budget planning time, maybe he' would, wont to consider employing
some drone money so we can lessen the impact of people's propeity being driven across. The
technology is there, why not utilize it?
Mayor Pro -Terra Edwards gave a challenge to the City's Public Works Department to figure
something out to replace the Woman Hollering Road street sign in a manner where it won't
disappear again.
Executive Director Brian James stated until the design is done, they do not know how large
the easement will be nor the depth of the trenches for the line. The same goes for the number
of trees that may be removed or left. These are always some of the challenges when installing
utilities and sewer lines. He does not want to over - promise and under - deliver. Mayor Pro -
Tem Edwards asked if these would all be working trees (i.e., Pecan) and Mr. James said it is
possible, this is part of the project of putting the line in.
05 -24 -2016 Minutes Page -13 -
City Attorney Charles Zech stated for the record and to remind everyone, the landowners are
entitled to be compensated for any damage /removal of any valued item on their property such
as a large shade or food producing tree. That is part of going through the fair market value
evaluation process. If trees have to be taken out or replaced, that is all a part of the
conversation.
Executive Director Dudley Wait stated he is up to the challenge on how quickly they can get a
road sign back out to the Woman Hollering Road. He also stated that the residents out there
do get their water from the city because Schertz took over the Schaefer Road Water System.
They also get Fire and EMS coverage and in critical life threatening situations they get
Schertz Police to respond until Bexar County Deputies can arrive at the scene. The road is
something they can look at but there are some right of way issues along that road that would
have to be looked at as well.
• Reagan Rawe, 7993 Trainer Hale Road, who said - he appreciates everyone's discussion and
everything but he wants to make sure it gets into the record that one of the eouncilmembers
tonight just said this project was indeed economic, that it is recorded in the roeords that it is
economic, purely economic. By state law you eati't do it f6r the economics. It'is for `need'
and if you all are going to make these statements it n
pe
ds to be read and recorded. Your public
works person said that they will be examining it and everything; he said over and over again,
that they do it once a year. Once 4-year is not enough when you are putting it in the creek
bottom. When you see what the Salado Creek has done and the pollution that has gone there,
that is only 3.3 million gallons; this "is 103 million gallons per, 'day capacity. This is three
times the capacity of the Salado Creek capacity, Viand you are going to walk it once a year.
When we asked if there was going to be come type of monitoring of the local water wells you
said no you all don'tdo that. You are buying it 20 feet down and we have 60 foot or less
water wells not that far away. You all are putting in an accident waiting to happen. Yes you
have coverage, an umbrella,; policy, a standby, cash flow and everything, but you are setting
loose an accident 'Waiting to happen which has been shown over and over and over again. He
continued expressing:oncerns�about council /staff not addressing the creek and the pollution.
You are',ac6epting that you are going to pollute that creek at some time in the future. You try
to be good stewards, but yonu, also try to eliminate the risks. If you look at that line, it is going
hrough everybody-'the ETJ, and, no one in your city limits. You are doing it because you can
'do it It is the example and the'epitome of big government—what you are doing —not good
stewardship, because you are not doing it with the least amount of risk to the environment. He
expressed concern over the Lack of monitoring equipment of the inflow and outflow. You are
ignoring the-,-environmental impact from this pipeline, and looking strictly at the economics
that can benefit. the developers, increase your tax base and develop whatever you want to
develop. Thankou for listening - - -if you did.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked staff. what are the
inspection requirements for TCEQ or TNRCC and will we be testing the water as well,
monitoring it, and if not, what will be the cost of monitoring that system and could we put it
into this particular budgeting item?
Executive Director Brian James said it is an operational issue in how you do those things. To
be clear, we don't monitor water wells nearby. We do inspections of the lines periodically and
also rely on the treatment plant to give us an indication of drops in flow, which is indicative of
a problem. He said this is not an unusual situation that we are just picking to do it here (Dietz
05 -24 -2016 Minutes Page -14 -
Creek as an existing example). We have this all over the city in the Cibolo Creek and Dietz
Creek —sewer lines follow the low spots in terms of those trunk lines. This is how cities
provide sewer service. If it doesn't, it creates other problems.
The other thing is regarding talk about growth and development. He has never gotten the
impression here that the desire is to grow fast within the City of Schertz, but rather a desire to
grow in a thoughtful, quality and sustainable way. The city is trying to plan ahead and do this.
He appreciates everyone's comments and concerns and said we will work to do this in as safe
a way as possible. However, staff cannot promise that you will never have a problem with it.
• Maria Ellison, 12762 Woman Hollering Road, who
alternate route other than along their creek should be
our creek is going to be impacted. She just wants to go
line being put along the creek.
Mayor Carpenter spoke next. He stated he h,
and also had done a bit of homework before
been brought up tonight, some which are fi ct
philosophical, and many which are political in
He wants to start with people's rights a
way back to debate and discussion ar
Commentary on one side said the :
necessary, at any time it is necessary
we should never be able to take privy
straight forward. It ,was that no one will
should private property be llen for pu
that foundation. 1t, is a very challenging
eminent domain and whence it came going all the
this country was f6 nded on to go and take
difficult. It would be simple to spy the needs
finished. Hoever, it is also necessary tt cons
romise at the writing of the 5th amendment.
-rtt should be, ,,allowed to take whatever is
(city, , Where was discussion and debate saying
for lnblio' use. The compromise was pretty
ived of life, liberty, or due process of law, nor
without just compensation. So we begin from
r any of us that believe in the tenants of which
rneone else's land for any reason. It is very
many outweigh the needs of the few —we're
er the needs of the few.
One of the things that was said earlier is that taxes will go up if we do these improvements.
He Dopes that what everyone has soen here tonight is a council that is willing to engage, listen,
berd'its' rules to allow people to be heard, and to skirt on the edges of violating the Open
Meeting" 1ct to make sire we hear from everyone. Your taxes are not going to go up in the
City of Schertz because anyone who is in the ETJ or has a development agreement doesn't
pay taxes to the City of Schertz, but you do receive some services. If you call, we are going to
come. Residents of thc city do pay taxes for those services and you receive them. Your water
bill has gone up�some —his too. Part of that is because there is sixty -two miles of water lines
that the City of "Schertz and City of Seguin have put in across two counties to bring that water
here. The Schertz Seguin Local Government Corporation (SSLGC), before their third year,
spent $2.15 million on right -of -ways, gaining easements to build that water line. A quarter
million dollars in legal fees was spent- - - -80% of those acquisitions went through .
condemnation because the landowners did not want it going across their land. It was painful,
difficult, and extraordinarily expensive, but when you turn on your water here in Schertz,
know that it will happen. In all his time on council, they have not been in pursuit of rapid
growth. We got rid of R -6 and R -7 zoning several years ago to stop the dense growth in the
City of Schertz. It slowed things down. Now instead of having small lots, housing prices in
05 -24 -2016 Minutes Page -15 -
Schertz have gone way up and that is because new development can't be so small. We have
gone out of our way to systematically control growth in this city. One of the things we love
about living here is that it feels like a small town and if we want to live in a big town we
actually have to leave and go to San Antonio or Austin. We have tried very hard to preserve
that and it is a very delicate balance and difficult job.
Is there an interest in business development in the southern part of Schertz and along IH -10?
Of course there is. Right now we are roughly 50% residential and 50% commercial tax base.
That is healthy and keeps taxes in check —that is responsible government. There are many
cities in this area that you can go to and see a tax rate that is 50 %, higher than ours because
they do not have that balance. So when you say that this sounds like it is not for a public
purpose, it is for economic gain —it is for long term sustainbilty in a way that can keep this
community in a position of solvency and sustainability. ltfs hard work.
We've heard comments about protecting the rights of the people— yes. e have to protect the
rights and interests of `all' the people, in the aggregate. However, we can't eliminate all risks.
Everything we do as a city has an element of risk. Shutting down and eliminating the
municipal government has risk inherent to it.' Everyone heave on the dais straggles with this
delicate balance of mitigating risk. There are som& facts Mere about what we are considering
that are challenging. One is, the deeper we go with a line, the bigger the easement, the more
impact to the land, and the bigger the risk to human life -when we have to go and service that.
Those are real considerations that we have to live with. In all -cif these cases we have to write
checks to the property owners, which is expensive. We have to answer to all the voters in this
city who will ask us, did you make the right "d ision with my money? Have you been
responsible? Have you made the hard decisions, when it eomes to spending my tax dollars? So
far I think I can say unequivocally that Fhave and yet 1 am not perfect. We have to consider
those things with every decision we make' we could make this painless for everyone, we
would do it, but it doesn't 'exist. exist. Since 1958 this city has struggled with these kinds of
decisions. We bought the water company, subsequently having to double the resident taxes. It
was hard and it hurt some people, But they had foresight and were thinking about those that
would wine after them: All he can'say is that we should continue the discussion /conversation,
getthe survey ork,done and�make sure what we are talking about is feasible, reasonable and
doable.
He thinks what he hears on the dais is a majority (of council) that feels we should at least
finish the survey work, bet's all reconvene and talk again and make sure we are doing the
right think iii the end.
Mayor Carpenter. recognized Councilmember Azzoz who asked for clarification on who the
majority was. Mayor Carpenter stated that is why he made the statement; if he can be shown
to be incorrect in his assessment we can certainly take another direction. Staff has asked us for
direction and if council disagrees with his assessment then let's have that discussion.
Mayor Pro -Tem Edwards stated he thought Mr. Azzoz was probably in the minority as we
have had open discussion about what direction staff should take at this point and we said we
would keep open dialogue with the citizens and staff.
Mr. Fowler stated once we have the survey details that it will allow us to better understand the
scope of the project and maybe then later we still might find something in there that tells us
05 -24 -2016 Minutes Page -16 -
this may not be the right way; but we won't know that until we do the survey. He thinks we
should move forward.
Hearing no further comment(s) from council, Mayor Carpenter moved on to the next agenda
item.
• Discussion, presentation and updates regarding the Animal Adoption Facility. (D. Wait /D.
Wait) (Item requested by Councilmember Azzoz)
Mayor Carpenter recognized Executive Director Dudley Wait who
Azzoz asked for an update on the Animal Adoption Facility and'state
this in October when we were trying to get our hands around what
Since October we have continued to correct a lot of the issues. 1n;9ct
humidity situation and we had a negative core of our building so that
into the facility from the kennels from the outsid into the facility
drawing air into the building. We were drawing atmospheric air at the
the humidity that it carried. With that high humidity situati
equipment and pipes and duct work that" were, weating reall
moisture between the roof and the suspended ceiliug; $,o e ha d
starting to develop as a result.
stated Councilmember
1'that we last presented
exactly was going on.
ber we had a very high
vhen any doors opened
and so forth, we were
.emperature it was with
on we had a lot of HVAC
y bad and causing a lot of
some mold issues that were
We got all those units repaired; all the air handlers repaired and all the exhaust fans were
running as they should be. The contractor brought in a company that then tested the AC
system. When the building was new and we took possession of it, the test and balance on that
AC System showed we had a positive core to the building, that we were able to maintain that
positive core, that the units were putting out the amount of air flow they were designed to put
out to produce that positive pressure environment with the fan on low speed. This last March
we did that same test with the fans running on high speed; out of the eight (8) air handlers,
two (2) of them were putting out the 100% capacity that they were designed to do. Six (6) of
them were not; the best of the six (6) was putting out about 80% of what it was designed to
do, and the majority of the six (6) were putting out between 20 & 40% air flow that they were
supposed to put out. We brought our team together again and looked at the reports and said
05 -24 -2016 Minutes Page - 17 -
we are going to go forward, bring the vendor in that supplied the equipment, it's an LG
Remote System, a very high tech system and we had some issues trying to get everything
running with folks working from LG that were not familiar with it. The engineer that
designed the system and our contractor brought in the folks that supplied the equipment, they
were the regional experts; Texas Air was the name of the company. They came in with the
goal of accessing all eight (8) air handlers, cleaning the coils, seeing how the coils look,
cleaning them and then after we had everything put back together we were going to again
retest the system to see if we had stuff on coils.
You might remember throughout the history of the Animal Adoption Center we had some
issues being able to maintain that system. The City took a little bit of ownership saying we
may have not have done that correctly, this is the first tune e had a system that is that
intelligent and so we may have not been in front of it because ofc environment that system
is operating in. We have kitty litter dust, we have regular dirt, and we have animal dander,
things you are not going to find in a normal city building other than Animal Control. What
we then said we were going to do is we are going ,10 look at that, those coils need cleaning, we
are going to see what's on them, if it is hair end litter, we are going to pay I for, it and get it
done.
Texas Air showed up and got up in the mezzanine and started to go to work and what they
found out was of the eight (8) air handlers they could only see the coils on four (4) of them
because of how they were installed: Because of the duct 1' rk in the mezzanine, the filter
housing all these other issues, they could nO,t access the coils t be � able to clean them. They
were able to get the duct work open enough to b 4ble to take some pictures of four (4) of the
eight (8) units. Three (3) of the coils on the eight (8) units looked pretty good, had a little dirt
on them, which is what you would expect ,after 2 1/2 years of use, the fourth one looked really
bad. It appeared that it had,:some type of material on them that almost completely blocked the
air flow through the coil, which is sort of what we expected as they were seeing how little air
was moving on high speed. We sat down and they said it will take a couple of days to really
go up there and they had some recommendations. They also said what they believed what the
material isby trying to scrap it off with "their fingers is they believe it has the consistency of
dry, mall dust after a period that has been in a wet environment and dried and had the chance
to set up. We consulted with our legal team and they said because we are working together as
a -team, it would be *,se to sit dawn and share all this information with everyone, it's not
go ng4p, damage anything we are doing going forward, everyone is trying to get the system to
work.,,-We sat down around a table and talked about this issue, we took the engineer that
designed thO system, we, took Texas Air, we took the contractors over and we all climbed up
into the mezzanine, there were seven (7) in the mezzanine area, not a lot of room to move
around. The ergncer went through every air handler unit and looked at everything on there,
got with Texas Air and they got back with us and our contractor and we have a game plan to
go forward to try to get the system up and operating.
The first thing we are going to do is Texas Air is going to come back out and do some duct
work. They are going to remove and replace all of the filter housing on the units. This was
already something that our contractor was going to do because they had recognized that was a
problem. When they installed the units, we had trouble getting access to the filters, in a fix
someone came in, not with the city, a contractor came in and cut bigger holes for us to be able
to get the filters out, which then unsealed the duct work, which would allow other things to
get in, and could likely change the pressure in the system. In the process of going through this
05 -24 -2016 Minutes Page - 18 -
we discovered that we currently only have filter housing on six (6) of the eight (8) air handler
units. We are going to get filter housings on all eight (8) of the units with designed doors so
that we can open and close them, they will seal and we can get the filters in and out at an
appropriate maintenance level as recommend by LG the manufacturer of the equipment. The
next thing they are going to do is they are going to cut access panel hatches into all the duct
work that connects to the air handlers. These are going to be doors that are designed to seal
when they come over, they will have a positive hatch mechanism on them so they keep them
closed, they will seal off the duct work, but when they open it, they can access the coils so
that they can clean them and remove the coils and do maintenance and whatever else they
need to do. They will be installing all eight (8) access panels. After -this is done and we get
access to all eight (8) of the coils we will then see what the four (4) remaining coils look like
that we have not been able to get access to. We are goiug-tollry and clean them first but
before any of that happens, because of some concerns of us and the contractor, our contractor
believes we have not maintained the system appropriately since the - start. It may be on us, and
we are certainly not shying away from that. But c!it the °vendor saying it may be drywall
dust, what we are going to do is contract with a lab to come in and obtain samples off the air
handler units that have that material on them and take that to their lab; it wile take a couple of
weeks for that to come back on those samples.,They will then report back to s what it is on
those coils and on the air handler units. At that time, if vie, can't clean them, And they have to
be replaced, we believe that this will be done appropriately and we will be able to go forward
with cleaned coils. The next step is once we get all eight (8) coils cleaned and operating
correctly and sufficiently, we will bring in a firm to test the system to see if we are operating
efficiently at that time, if we are moving their, that we are suppose d to be moving, if we have
recreated the positive environment we have had in there before."
Mayor Carpenter observed that Mr. Wait was speaking without the aid of any notes so he said
he must obviously be'very personally involved in this issue. Mr. Wait replied that along with
himself, Animal Services Manager Sharma O'Brien, Marshal Michael Harris, Building
Maintenance Foreman Bruno Sepeda, and General Services Manager Jon Harshman, they
have all been diligently trying to get this fixed correctly.
Mayor Carpenter recognized Councilmember Azzoz who said the building is brand new and
the building has had problems since day one. He has been in the building and looked in
various places (walls, attics, etc.) and saw mold and water leaks, an inoperable exhaust fan
and more. He has looked at the original contract and drawing design from March 2013 and
found some deleted items. He also mentioned the costs and wondered did we spend all that
05 -24 -2016 Minutes Page - 19 -
bond money? He is concerned about our employees and the animal's health. We have had
problems with the building from the beginning and we need to hold someone responsible.
Mr. Wait stated he too is conscientious about the health of the staff and animals. We have
moved forward to do a number of things. One is putting in the seven dehumidifiers that are
running in there now. We also want to make sure we get this fixed and the building is healthy
and able to function as it was designed to function for the life of the building. When we get
done with this process we may be able to determine why we have had issues: if it is drywall
dust that is blocking those coils or built up kitty litter or pet dander or some other reason. This
is a very high tech built building and we need to know how to care for it. The HVAC system
alone is amazing. You can do everything from that control panel. Right` now, we want to just
get the problem solved. We have everyone sitting around the dale —no one has walked away
from this. As the city, with our employees we are not going to haggle over who is going to
pay a $2,000 rental bill for seven AC units for six weeks, The city Is, going to pay that and
when it is all said and done and we know the reasons behind everything we will then settle
that score appropriately based upon what liability is there as well 'as ny other issues.
However, right now, we still do not know exactly what the issue is. As a team we are trying
to reach a resolution that will give us the building we purchased with those dollars you were
talking about.
Executive Director Brian James cans(
through to procure work services anc
are deadlines for submission and onc(
get those responses we don't know ex
Animal Services bid, once they came
it and eliminated sonic items that we
what we could aff6rd.
D Wilson, who was the contractor, was the middle bid. When the city looks at bids they also
look at best" value. For ample, there could be a firm who submits a bid but has never built
anything before (maybe they are a new start -up business) or maybe their bid package looks
incomplete and'we -kel those numbers aren't right —then we would want to go with someone
else. While we felt D Wilson was the best value, they were still over our budget. Again, the
entire project budget includes more than just the construction contract. The differences are
these other costs like the architect cost to design the building. We then went back to see what
we could eliminate to bring the cost down. When they came back to council for additional
funds, it was for the stone band around the building frame. Mr. James offered to go over the
documents and the figures with Councilmember Azzoz if he wanted to do that.
Councilmember Azzoz said his main concern is that he feels the facility is very poorly
constructed. They have moved animals from one room to another and the manager's office.
05 -24 -2016 Minutes Page - 20 -
Who was in charge of this project and why can't we hold that person accountable? He was
also told that a city employee has gotten sick from the indoor environment. He does not want
to compromise the health of our staff and the animals. He has seen the mold himself.
He is asking for a solution to not subject our staff to this.
Mr. Wait explained that when they moved the cats, manager's office, and dispatch office, it
was done as they were abating mold the first time, back in November, December, and
January. Even though it was not dangerous mold they didn't want to stir it up and create
allergy issues. After ensuring the mold was abated, they moved on to the next room. Then the
city came back with their own vendor to check and test that the mold: was abated. They intend
to go through this process one more time to make sure it is all out of there. At that time they
are hoping to also figure out what is going on with the HVC ,system. Everyone who was
involved with building the facility is still involved with helping to correct the problems. Once
we have answers and say this is the cost of returning the building to new, then we can have
discussions about liability, accountability, and who pays what, when, end where. However,
right now we are involved in just getting the problem solved. Everybody, Jnvolved in the
building of the facility is still around the table.
Councilmember Azzoz said if he was one of tho,staff he would tell you it is a very poor
environment to work in. He himself could not truly breathe when he went there. We have to
be very careful with that. Our employees need jobs. They may be reluctant to say anything
negative. Mr. Wait said, to be frank"; our employees are not I afraid to tell us what is wrong.
Conversations have been had and we know about medical conditions. It is a priority issue for
us to make sure they are in a healthy place that is,,qbmfortable for them to get their work done.
Mr. Wait said on Jute
cleaning work. This will
the results of what, was
replaced. Once we now
Wait
Mayor Carpenter moved to th(
stepped away and off the dais.
Air will ,come out and will begin the duct work and coil
to two days. Within two to three weeks of that we will know
coils and if any are damaged and how many need to be
t answer is, then we will move forward.
Flat they'need to come back to Council with an update.
nnsrom council.
;enda items section of the agenda. Mayor Pro -Tem Edwards
1. Minutes — Consideration and /or action regarding the approval of the minutes of the Regular
Meeting of May 1.0, 2016. . (J. Kessel /B. Dennis)
2. Ordinance No. 16 -T -13 — Consideration and/or action approving an Ordinance authorizing
the transfer of funds from the Tree Mitigation Fund to the Parks Tree Mitigation account for
FY 201.5 -16, repealing all Ordinances or parts of Ordinances in conflict with this ordinance.
Final Reading (B. James /C. VanZandt)
The following was read into record:
05 -24 -2016 Minutes Page - 21-
ORDINANCE NO. 16 -T -13
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE TRANSFER OF FUNDS FROM THE TREE MITIGATION
FUND TO THE PARKS TREE MITIGATION ACCOUNT FOR FY 2015 -16;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE
3. Ordinance No. 16 -D -07 — Consideration and /or action approving an Ordinance by the City
Council of the City of Schertz Texas providing that the Code of rdinances of the City of
Schertz, Texas, be amended by revising Section 86 -115, Maximum limits generally on
specific streets, adding the maximum speed limits for FM 151, and changing the maximum
speed limit on FM 2252. Final Reading (B. James /K. Woodlee /C, "Palomo)
The following was read into record:
ORDINANCE NO. 16-
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ,
TEXAS, BE AMENDED BY DEVISING SECTION 86 -115, MAXIMUM LIMITS
GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Councilrneiber , Fowler mho moved, seconded by
Councilmember Azzoz to approve the consent agenda items .1'-3. The vote was unanimous
with Councilmembers Fowler, Azzoz, and John voting for and no one voting no. Mayor
Pro -Tem Edwards was -fiot present for these items as"he had stepped away from the dais
and Councilmember Thompson was absent. Motion passed.
Discussion and Action I
4. Resolution N,6.,,,16-R-37 Consideration and /or action approving a Resolution amending the
Historical Grant for the Main Street Program. (B. James /B. James)
RESOLUTION NO. 16 -R -37
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE SCHERTZ MAIN STREET AREA PRESERVATION INCENTIVE
PROGRAM CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director Brian James who stated in January of 2015,
City Council approved Resolution 15 -R -03 establishing the Historical Incentive Program for
the Main Street Area in order to facilitate the preservation of historic structures to promote the
economic vitality of the Main Street area as a tourist destination, the City of Schertz is
offering incentives that will serve to improve existing properties and businesses within this
area.
05 -24 -2016 Minutes Page - 22 -
Mayor
The program provides matching funds up to $20,000 per property to go towards the cost of
renovations. The aim of the program is to protect, enhance, and preserve the historic resources
and landmarks which represent distinctive element of the City of Schertz' historic,
architectural, economic, cultural, and social heritage by providing property owners an
incentive for protecting their property; stabilize and improve property values; foster civic
pride in the beauty and accomplishments of the past, and to promote the use of the historic
structures for the culture, education, and general welfare of residents, and strengthen the
economy of the city by protecting and enhancing the attractiveness of the Main Street area to
residents and visitors, as well as provide support and stimulus to businesses.
That resolution established details of the program inc:
potentially eligible properties, and a copy of the
attachments. To date, no one has applied for the
utilize the program, Staff and the Schertz I
recommending two changes to the program. The�first
the program slightly from the intersection of fain S
and Curtiss Ave. The second change is to eliminate
designated as a Landmark Property.
$40,000 has been budgeted for this pr
recommends approval of Resolution J.�
Main Street Area.
A and 1 throusah :7.
by
gram from the Hotel Occupancy Tax Funds. Staff
-37 amending the Historic, Incentive Program for the
�zzoz who moved, seconded by Mayor Pro -
-37. The -vote was unanimous with Mayor
Azzoz, and John voting for and no one
sent. Motion passed.
Dennis who provided the roll call votes for
• Citizen Kudos'
• Recognition of City employee actions
• New Deaartmental initiatives
Mayor Carpenter recognized City Manager John Kessel who stated earlier this week he
attended the ceremony called the "Frocking Ceremony" for Col. Matthew Isler, the Base
Commander who has now become Brigadier General Isler and is serving our Country in
Bagdad. He stated that they flew him back for this ceremony and he was there with his family
with various other important dignitaries. It was quite the ceremony and it did make him think
and he wanted to share with Council what is going to happen to the base now that he is gone
as he was such a driving force. A question came to him are we still going to have that
05 -24 -2016 Minutes Page - 23 -
relationship. This is the basis for his next kudos. Ms. Sarah Gonzalez has been working very
closely with the 435th and the calendar for next year to make certain that the base is
participating in our community in a number of different ways. These are significant for the
men and women on the base as well as significant for us. For example this Thursday you will
see members of the base being involved by volunteering and cleaning up the Veterans
Memorial Plaza area to get it ready for Monday's event. They want to do this and this is
something they are very proud of Ms. Gonzalez has other events scheduled for the months
ahead involving them. We are actually increasing our relationship with members of the base.
Mr. Kessel stated that Executive Director Dudley Wait has
Councilmember Azzoz regarding the Gutierrez case and it
9. Future Agenda Item Request for City Council:
members to request that items be placed on a future
the item may be taken at this time. Should a Co
requested item on a future agenda, the Mayor, with(
consensus of the other City Council members to x
agenda.
No items were requested.
10. Announcements by Mayor and C
a update as requested by
e at your place on the dais.
an' dpoortunity for City Council
No ` discussion of the merits of
ember oppose placement of the
ling discussion, � shall ask for the
not place the item on a future
ter recoanized Councilmember Fowler who stated that he attended the
• Wednesday, May 18, 2016 — Schertz- Cibolo Police Department Memorial. Services
• Thursday, May 19, 2016 — SSLGC Meeting
• Monday, ,May 23, 2016 — Parks Advisory Board Meeting
• Sunday, May 22, 2016 — EMS Awards Banquet
Councilmember Fowler stated that he had a meeting with Dennis Smith of Lowes to discuss
the Cabana project; he also stated that Mr. Smith as well as Mr. Ed Ford are trying to assist in
obtaining an engineer for this project.
Councilmember Fowler stated that he met with Community Health Manager Kelly Burnam on
the MIH program and discussed how their program could also assist with those involved in
the Love Where You Live Program.
05 -24 -2016 Minutes Page - 24 -
Mayor Carpenter recognized Councilmember Azzoz who thanked all those that attended the
Operation Comfort fundraising event held Monday, May 23, 2016.
Mayor Carpenter stated that he had discussed this with Mr. James already but he would like
him to have the Transportation Safety Advisory Commission (TSAC) take a look at the
school zone signage on Curtis, particularly the cross streets; it seems ambiguous to some
degree whether you're in the school zone or not. He would also like to ask the Transportation
Safety Advisory Commission if they are ready on their first commentary and first thoughts on
public transportation. Mayor Carpenter stated that a few years ago we talked about the need
to think about public transportation and he would love to hear, their first commentary on the
issue and what we might do.
Mayor Carpenter recognized Executive Director Brian James who stated that the issue of one
of the flashing lights in the school zone on Curtiss was not working; he Wanted to report that
this has already been addressed and fixed. Mr, lames stated kudos go c 'Public Works for
going out there and getting it up and running quickly.
Mayor Carpenter recognized Councilmember Fowler who also «reported that on FM 1103 at
the intersection at IH 35 and FM 1103, as you are getting off on the freeway, past the
McDonalds one of the traffic lights,is twisted, and you can't see it. City Manager John Kessel
stated that with the recent winds ' there are several lights that have been twisted and he
encouraged everyone that comes upon one , of the lights and the signal heads are turned
sideways to please contact 311 and report them.
Adiournment
Mayor Carpenter adjouied the
at 9:49 p.
05 -24 -2016 Minutes Page - 25 -
Michael. Carpenter, Mayor
MINUTES
SPECIAL JOINT WORKSHOP MEETING
May 25, 2016
A Special Joint Workshop Meeting was held by the Cibolo Valley Local Government
Corporation (CVLGC), City of Cibolo and the City of Schertz, on May 25, 2016, at 6:30 p.m., at
the City of Cibolo Council Chambers, 200 S. Main Street, Cibolo Texas. The following
members present to -wit:
City of Schertz
Mayor Michael Carpenter
Councilmember Jim Fowler
Executive Director Dudley Wait
Assistant Public Works Director Jimmy Hooks
City of Cibolo
Mayor Allen Dunn
Councilmember Verlin "Doug" Garrett
Councilmember Marchell Camp - Gebhardt
Councilmember Glen Weber
City Secretary Peggy Cimics
Regina
John Winkler, Walker Partners
Art Rodriguez, Russell & Rodriguez LLP
SSLGC President Ken Greenwald
Robert Brockman
Call to Order
Mayor Pro -Tem. Edwards
Councilmember Daryl John
City Secretary Brenda, Dennis
Mayor Pro -Tern Jay Hogue
Councilmember Jim Russell
Councilmember Jennifer Schultes
Bob Herrera,eCity Manager, City of Cibolo
Garth Coarsen, Board Member
Steve White, Board Member
1. Call meeting to order — Justin Murray President —CVLGC
Alan Cockerell, Executive Director
President Justin Murray called the Cibolo Valley Local Government Corporation
(CVLGC) to order at 6:32 p.m.
5 -25 -2016 Minutes Page - 1 -
a. City of Cibolo — Mayor Dunn called the City of Cibolo Joint meeting to order at
6:32 p.m.
b. City of Schertz — Mayor Carpenter called the City of Schertz Joint meeting to
order at 6:33 p.m.
2. Welcome /Opening Remarks — Mayor City of Cibolo & Mayor — City of Schertz
Mayor Dunn welcomed everyone in attendance this evening providing brief comments
regarding the partnerships with the City of Schertz and the Cibolo Valley Local
Government Corporation.
3. Introductions — Justin Murray — President — CVLGC
Executive Director Alan Cockerell provided
topics that will be discussed:
Regional Water Planning
CVLGC History
CVLGC Organization 2016
CVLGC Project Concept — Proj
CVLGC Project Financial — Tir
CVLGC Demands
Carrizo Aquifer
Groundwater Permitting
Summary
4. CVLGC Water
Director & John
ect in
Proj
regard ,ling the presentation
ilson County — Alan Cockerell, Executive
Art Rodriguez, General Counsel
Terms
CVLGC ibolo Valley Local Government Corporation
+ : )FC Desired Future Condition
• EUWCD - Evergreen Underground Water Conservation District
• GCD — Groundwater Conservation District
• GMA Groundwater Management Area
• MAG — Modeled Available Groundwater
• MOU — Memorandum of Understanding
• MSA — Management Services Agreement
• PER — Preliminary Engineering Report
• Region L — South Central Texas Regional Water Planning Group
• SARA — San Antonio River Authority
• SSLGC — Schertz /Seguin Local Government Corporation
5 -25 -2016 Minutes Page - 2 -
• Texas Water Development Board (TWDB)
• Regional Water Planning
- Established in 1997 by 75 Texas Texas Legislature (SB1)
- Bottom -up approach
- Sixteen Planning Groups
- Approved Bylaws
- Designated Administrator
Basic Planning Parameters
- Water Supply Plan to meet drought of record
- 50 year planning horizon
- 5 year planning cycle
Texas Water Development Board (TWDB) Regional Plai
• South Central Texas Regional Water'Planning Group
Cycle (2017
ility, Based P
3OUyi
Nov
2011
o CVLGformally created and first official board meeting with Cibolo,
Converse, Schertz, Seguin, and Selma
• Walker Partners began development of a regional water system master
plan which included a water study for each city
• Seguin and Selma withdrew due to different focus concentrations
2013
o Responded to HDR Survey to collect population and water use data for
Region L (With assistance from Walker Partners)
2014
• Selected most feasible project for CVLGC Customers
Carrizo- Wilcox well field in Eastern Wilson County
• Converse withdrew from CVLGC
5 -25 -2016 Minutes Page - 3 -
• Approved Business Plan for Water Supply Project
• Began Option Agreements with Wilson County landowners
2015 -2016
Project included in Region L Plan as Recommended Strategy
o Began Water Lease Agreements with willing landowners
CVLGC Organization 2016
CVLGC
sect Summary:
o Carrizo- Wilcox well field in Eastern Wilson County
o 10,000ac -ft /yr Capacity with Six Wells
01, Pure ase Well Sites and Lease Water Rights
o Water Production Projected to Begin in 2024
• °'Contract with SSLGC to Treat & Transport
• Water Chemistry Compatible with SSLGC
CVLGC Project Costs — City Contributions
5 -25 -2016 Minutes Page - 4 -
Mr. Cockerell recognized and i
who provided information rega
'E, with Walker Partners
questions:
duced Mr. John Winkler, Walker Partners who
water needs, current CCN areas for Schertz and
a map of the aquifers of Texas.
Wilson County -.33% CVLGC Pumpage 99.67 Remaining Storage
150Million Ac -Ft in Storage (Source: TWDB)
CVLGC = 10,000 Ac- Ft /yr.
50 years of pumpage
$77 Million paid to Wilson County Landowners
President Murray introduced Counselor Art Rodriguez, Russell & Rodriguez, LLP who
provided the following information:
Adjudicative Hearing
- Notice
5 -25 -2016 Minutes
Page - 5 -
Contested vs. uncontested
Pre- Hearing Conference
Parties
Simplification of issues
Amended application
Admissions or stipulations
Schedule Discovery
Set witness lists
Pre -filed testimony
Procedures governing hearing on the merits
Hearing on the Merits
- Testimony and Exhibits Pre -Filed
- Hearings Examiner reports findings to -
- Submit Exceptions to Report
- Board acts within 60 days
S. Summary, Recommendations & Discussions
Mr. Justin Murray, Board President of CV
included answering questions:
- City of Cibolo & City ofchertz
- Water supply proiect selected for lc
30
summary remarks which
0 year) needs:
*I O;090 ac -ft. /y t:.Carrizo- Wilson well field in Eastern Wilson County
iaht to
projected to begin in 2024
2016 Region L Plan
;ct water rights with willing landowners
water leases for approximately half of required acreage
,ners
- Project Funding:
* Request $300,000 contribution from each City in FY2016/2017
6. Adjournment
President Justin. Murray adjourned the joint meeting at 7:13 p.m., followed by Mayor
Dunn and Mayor Carpenter adjourning their joint meeting.
5 -25 -2016 Minutes Page - 6 -
ATTEST:
Bm
Michael R. Carpenter, Mayor City of Schertz
5 -25 -2016 Minutes Page - 7 -
CITY COUNCIL MEMORANDUMIRESOLUTION
City Council Meeting: June 7, 2016
Department:
Public Safety
Agenda No. 2
Subject: Resolution No. 16 -R -39 — Approval of the Bexar
Metro 911 Fiscal Year 2017 Budget
BACKGROUND:
Bexar Metro 911, by its charter under the Texas Health and Safety Code is required to seek approval of its
annual budget from all of the governmental entities for which it provides 911 services. This is done to
insure that all communities under the umbrella of this organization have an opportunity to provide input
and direction in the operation and focus of the agency providing 911 services.
In previous years, the City of Schertz has taken advantage of this by working with other Metrocom cities
to seek dollars for differing projects that would improve the public safety dispatch operations in the City
and our region. These actions were instrumental in the development of a Bexar Metro 911 grant program
to improve and upgrade dispatch operations that the City has been able to take advantage of on 2 separate
occasions.
For Fiscal Year 2017, Bexar Metro 911 will be concentrating on getting its new Regional 911 Operations
Center up and operational. This 911 communications center will have the capacity to host multiple
agency dispatch centers in the event of an emergency that makes their normal locations untenable. The
Bexar County Sheriff's Office and Bexar County Fire Alarm will be the anchor tenants in this building.
This $45M structure will be completed by the end of this calendar year and has been paid for completely
out of reserves of Bexar Metro 911.
Executive Director Dudley Wait continues to sit on the Bexar Metro 911 Board of Directors as the
Guadalupe County representative.
FISCAL IMPACT
There is no fiscal impact to the City of Schertz by approval of this budget. This budget has no increases
in 911 fees so there will be no additional impact upon the citizens of Schertz beyond what they pay today.
RECOMMENDATION
Staff recommends Council approve Resolution No. 1.6 -R -39
ATTACHMENTS
Resolution No. 1.6 -R -39
Bexar Metro 911 draft proposed budget
RESOLUTION NO. 16 -R -39
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF THE BEXAR
METRO 911 BUDGET FOR FISCAL YEAR 2017, AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City send its approval to the Bexar Metro 911 Board of Directors of its Fiscal Year 2017 budget;
and
WHEREAS, the City Council has determined that it is in the best interest of the City to
support the growth and expansion of the 911 telephone access systems as planned for in the 2017
budget attached hereto as Exhibit A, for the public safety of Schertz citizens.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
"M
Section 1. The City Council hereby authorizes the approval of the Bexar Metro 911
budget as presented in Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this 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 7th day of June, 2016.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
City Secretary, Brenda Dennis
(CITY SEAL)
50506221.1 - 2 -
9 -1 -1 Network District
MEMORANDUM
TO: County Judges and City Mayors
FROM: W. H. Buchholtz, Chief Executive Officer
SUBJECT: Fiscal Year 2017 Proposed Budget
DATE: May 18, 2017
Enclosed for your review and comment is the Bexar Metro 9 -1 -1 Network District's
Proposed Fiscal Year 2017 Budget. The Bexar Metro Board approved this proposed
budget at their regularly scheduled and properly noticed meeting held on May 17, 2016.
Please address your written comments to the Chairman of the Board at the address on
the bottom of this memorandum. The Bexar Metro Board will review your comments,
make changes as necessary, and adopt the Fiscal Year 2017 Budget at the board
meeting scheduled on July 25, 2016. Please forward your comments to ensure arrival
at the Bexar Metro office not later than 4:00 p.m. on July 22, 2016.
Enclosed is a post card'to facilitate your response. The contents of this post card are
consistent with the provisions of the Texas Health & Safety Code, Chapter 772.309,
which enables each participating jurisdiction to either approve or disapprove the Bexar
Metro Fiscal Year 2017 Budget. Should a jurisdiction choose to take no action, budget
approval is by operation of law on the sixty -first day following the jurisdiction's receipt of
the proposed budget.
Please call me if you have questions or require further information or clarification.
Sincerely,
YHBuchholtz
Chief Executive Officer
911 Saddletree Court • San Antonio, Texas 78231 -1523
JLPhone: (210) 408 -3911 Fax: (210) 408 -3912
Bexar Metro 9 -1 -1 Network
Fiscal Year 2017 Budget
PURPOSE: The purpose of this document is to obtain consensus approval of Bexar Metro
9 -1 -1 Network's ( Bexar Metro or District) Fiscal Year 2017 operational and financial plans by
the District's board of directors and the governing bodies of its thirty -nine participating
jurisdictions; and provide the continuing operational and fiscal authority necessary for the staff
ql to aggressively establish and maintain a highly survivable and resilient 9 -1 -1 system.
AUTHORITY: The authority for Bexar Metro is the Teealth and Safety Code, Chapter
772, Subchapter D, Section 772.301 — formerly VerQsnnotated Civil Statutes Article
1432e, as approved by the Texas 69th Regular Legi- ive Session in Senate Bill 750 on May
21, 1985; and subsequently approved by a lacaI election o January 17, 1987. This
legislation's purpose is to enable the proYiTsrc n of affordaUl NO igh quality, countywide
Enhanced 9 -1 -1 service through implementao of emergency co_r� cation districts.
MANAGEMENT: A governing board of directo
enabling legislation, establishes pd, and prov
�s=
members and their appointing autho l_Q de:
Member
James C. Hassloer(
Stephen R. Seeder
Sherman Krause
Dudley Wait
Hebe173 -0. ez
Bill Cc anus
Ems_. {.
Cathy. TaIcott
10
Su Ue de Leon
Principa 05-( ice Provi
,�: -x
To implement boardIs -Ii cy ar
appointed W. H. Buchoftz as
1.10
ad accordLgto criteria in the
ght of the district. The board
Auth
Bexffi-0younty
Comal County
Guadalupe County
City of San Antonio
City of San Antonio
City of New Braunfels
Member at Large
Vacant
manage the day -to -day operations, the board of directors
utive Director /Chief Executive Officer.
MISSION: The District's mission is to deploy and maintain a state -of- the -art 9 -1 -1 emergency
communication system that enables citizens in distress to quickly communicate their request
for police, fire, or emergency medical assistance; and to ensure member jurisdictions have
the appropriate 9 -1 -1 tools necessary to efficiently and accurately receive and process those
requests.
RESPONSIBILITY: To successfully accomplish the mission, Bexar Metro must deploy and
manage a technology neutral network that routes all 9 -1 -1 requests to the appropriate
answering and responding jurisdiction; create and maintain a time - sensitive, highly accurate
database that displays the location, callback number, and owner's name of the specific
instrument used to call 9 -1 -1; procure, install, and maintain the specialized 9 -1 -1 equipment
Ru
utilized by each authorized answering and responding jurisdiction; coordinate with municipal
and jurisdictional addressing authorities to ensure the database contains accurate,
standardized, and logical location information to ensure each citizen is easily and quickly
locatable during time critical emergencies; and construct, deploy, and maintain a spatially
accurate geographic digital map to support location determination technologies and enhance
computer aided dispatch systems. Bexar Metro also is responsible for providing effective
backup solutions for its PSAPs that may be required to evacuate their local facility in the
event of a disaster.
FUNDING: The District's source of revenue is the 9 -1 -1 emergency service fee applied to
specified telephone access lines located in Bexar, Command Guadalupe Counties. The
Texas Health and Safety Code, Chapter 772, Section'314, authorizes the board to
impose a 9 -1 -1 emergency service fee not exceed ing_esercent of the monthly base rate
charged by the principal service supplier. The fee appf @e all residential lines and up to the
first one hundred business lines at one location. Th -efee doesnot apply to state and federal
lines. Each year the board calculates the amo pEof the fee i-ORcQnjunction with development
and approval of the annual budget. By the fee has form application in each
participating jurisdiction and must generate revenue sufficient to malicurrent and projected
operational expenses directly related to the District's missal and respsibilities, as well as
providing reasonable reserves for cotingencies arequlment replacerieritY_
_ = �- F�
N
The board of directors initially establis the emergendygs�ervice fee on March 6, 1987, and it
remains unchanged. The Fiscal Year 20' 6 rgency seQice fee is:
es
B`r'- siess Lines $ 0.5-1
was
SIR 11
�,Businessrus����. $ 0.77
$ 0.50
In addition to f es assesse(T,' ireliA -6 elephones, Bexar Metro also receives an emergency
service fee fro ;each wirelessUaccess -Ee within its jurisdiction. This monthly fee, set by
ttn
Texas law at $0.50per line, recognizes that the wireless telephone is a link to 9 -1 -1 services
and a wireless telep_ ne users - ould therefore share a portion of the financial burden for
provisioning the netwafl� It at461>`s in recognition of the cost recovery mechanism required to
defray a fair and reasdr.- portion of the network infrastructure expense the wireless
providers incur in meeting "federal mandate for wireless Enhanced 9 -1 -1. The current fee
structure is adequate to support programmed spending in Fiscal Year 2017.
OVERVIEW: The District's provision of 9 -1 -1 service to member entities began in January
UK
1987 with the provision of Basic 9 -1 -1. Since that time Bexar Metro has made a number of
significant upgrades that enabled keeping pace with the explosion in communication and
computer technology that is the foundation of the next generation 9 -1 -1 network. The District
has developed and deployed a sophisticated Geographic Information System that is the
backbone of the 9 -1 -1 call delivery system; and has also installed and managed various
iterations of Customer Premise Equipment culminating in the current state -of- the -art Internet
Protocol (IP) equipment. Collectively these enhancements position us for Next Generation
2
9 -1 -1 (NG9 -1 -1) implementation. The District's call delivery network has grown in features and
functionality concurrent with the technology changes and complexity of emergency
communications. Now, as we stand on the threshold of full implementation of next generation
9 -1 -1 capability, nearly all the pieces are in place: a fully redundant high -speed fail -safe
optical IP network ties the San Antonio Police and Fire Public Safety Answering Points
(PSAP) and the Bexar County Sheriff's Office PSAP, and the Saddletree Court Regional
Emergency Operation Center (REOC) together with two fully redundant and geographically
separated control facilities, and a dedicated Multiprotocol Label Switching (MPLS) optical IP
network with dual route copper backup and two fully redundant and geographically separated
control facilities connects each of the remaining PSAPs serving all other jurisdictions.
-�
In FY 2017, the District will move to the next step by deplbg the first phase of its NG9 -1 -1
call handling equipment at its new Quarry Run Regi4riOperations Center (Quarry Run).
A
Quarry Run, scheduled to be operational in the fo,�hq artier of 2016, is the new 81,000
square foot, fully redundant, and survivable facility tthat�will ho:�r e the PSAP operations for the
Bexar County Sheriff's Office and serve as a bg , §I i facility fo Cfty of San Antonio Police
and Fire Communications operations and o�tf�PSAPs served y,Bexar Metro. The facility
will also provide the infrastructure for data ceWfeer operations servin`£�� not only the District, but
p � � p g� _ Y
also the region and the state.
Bexar Metro has paid cash for all Ofthis developrn•e grid expansion using the service fee
structure established in 1987 and a a -moo - o financi annin
p Y�= _�=g g•
The Fiscal Year 2017 budget is comprised of`oae attiions andI�naintenance (O &M) expense,
capital projects, and capatalrese:rve. In addition to Hydng c rt and future operations, the WO
i , ,.Z �.
O &M budget continues o focus, the Districts ost ort, ►cad resource —its professional staff.
The Fiscal Year 2017" F n ncial � includes a increase s °funding for personnel to enable
modest salary adjustments and t defray a'ficant increase in health care premiums. In
addition, Bexar,, will %dd d u taff m t hers to support the Quarry Run facility and
PSAP ope tto a d as we for the�p st sere al years, we will set -aside $250 thousand
for a yea d lump scam TCDRS- o�ntribution Q m gate a decline in investment return. Last
NO
year thisVftlion enabled fl %�Distr�e to retain a'fully funded (121.6 %) pension plan for 2017.
The O &M e enses wll in su sfigntially in 2017 because of the facility management
and maintenanc=r'equirement J the n wfy operational Quarry Run center.
N V&
The capital bud ei udnd�s the relining outstanding items in our strategic survivability plan to
include the completioffl6 the Quarry Run facility, including the construction, the network and
IT infrastructure requiref operate at the facility, the deployment of 9 -1 -1 call taking
equipment, and the purchase of furniture, fixtures and equipment required to operate at
Quarry Run. Consequently, the previously authorized $10 million for the completion of the
NG9 -1 -1 project, and a remaining $1 million grant money for PSAP special projects will roll
forward to Fiscal Year 2017.
EXPENDITURES: The Fiscal Year 2017 budget total is $16,199,000. The budget includes
$9,837,000 for operations and maintenance and $6,362,000 for capital improvements. In
order to maintain the District's pay -as- you -go policy and fund the purchase and
implementation of the new 9 -1 -1 system, Bexar Metro will be required to utilize $2,245,000 of
its reserve funds.
3
The District has zero debt (it operates in a cash - and -carry, net 30 mode) and is not authorized
to incur debt. Therefore, capital recovery is typically an expense item into reserves to ensure
the timely availability of sufficient funds necessary for facilities, technology advancement,
modernization, and general equipment replacement. Projected service fee revenue normally
fully funds the .O &M and new capital improvements, while continuing to invest in reserves.
The FY 2017 proposed budget does not include an investment in reserves because of costs
associated with the start -up of the Quarry . Run Regional Operations Center.
This budget matches projected revenue and expense as required by Texas law. To ensure
responsiveness and operational flexibility, the Executive Director /Chief Executive Officer may
authorize the transfer of funds among budget line items as long as the overall annual budget
amount remains unchanged. This budget does not necessia #e an adjustment to the current
emergency service fee; and based on known
adjustment to the emergency service fee, provid(
not projected.
and p o octed requirements, a near -term
;d pitl ecovery remains fully funded, is
M
Proposed Fiscal Year 2017 Budget
Revenue
Wireline Service Fees
Wireless Service Fees
Interest Earned
Transfer from Reserves
Miscellaneous Revenue
Total Available Funds
Proposed Fiscal N
Expense
Personnel
Operations
Facilities
Education & Training
Contingencies
Total O &M Expense
Proposed F
Total
BEXAR METRO 9 -1 -1 l
Approved by the Bexar
$ 2,690,000
$ 11,239,000
$ 13,000
$ 2,245,000
$ 12,000
$ 16,199,000
ear 2017 Operations
,821,000
4,540,000
2,135,000
.141,OO�Q.
$ 9;F
WOO 17
$ 16,199,000
intenance
udget
oard this Seventeenth Day of May, 2016.
By:
Name: /am--es!ZC-. Hasslocher
Title: Chairman
0
Revenue
Expense
Capital
Bexar Metro 9 -1 -1 Network
Fiscal Year 2017 Budget
October 1, 2016 through September 30, 2017
Current as of April 30, 2016
Category
Wireline Fees
Wireless Fees
Interest
Miscellaneous
Total Revenue
Reserve Transfer j
Carryover for PSAP
Total Available Funds
Personnef'''
Expense
Reserve
Total Capital
Total Expense
FY 2016 Budget FY 2016 Projected FY 2017 Budget
$ 2,696,9604`= 2,716,000 $ 2,690,000
$ 10;672,000= 10,911,000 $ 11,239,000
$ 1 �J $ 0411, 18,000 $ 13,000
$1 * 000 $� 12,000 $ 12,000
$ 13;x;92,000 $ 13,6' Z 000 $ 13,954,000
$ 28,63200 -0} 28,632,0(1, $ 2,245,000
$ 2,663,000 $ 0
42,M40.0 $ I 44,952,000 $ 16,199,000
$ 2,Y =x,000
$
1,900,000
$
2,521,000
$u X3,17Q00
$
2,712,000
$
4,540,000
0
$
517,000
$
2,135,000
$ %000
$
110,000
$
141,000
1 500,000
$
250,000
$ 500,000
$ 6,353,000
$
5,489,000
$
9,837,000
$ 35,671,000 $ 39,463,000 $ 6,362,000
$ 0 $ 0 $ 0
$ 35,671,000 $ 39,463,000 $ 6,362,000
$ 42,024,000 $ 44,952,000 $ 16,199,000
Note: FY 2017 Personnel Budget includes four additional FTEs to support Quarry Run operations.
0
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: June 7, 2016
Department: Finance
Subject: RESOLUTION NO. 16 -R -40 - A
RESOLUTION BY THE CITY
OF SCHERTZ, TEXAS
AUTHORIZING AN
ADDITIONAL COUCIL
MEETING ON AUGUST 30, 2016
AND THE CANCELLATION OF
THE AUGUST 2, 201.6 MEETING
The City Staff recommends adding a council meeting on August 30, 2016 for the budget and tax
rate adoption schedule. To keep the total regular council meetings to a limit of 3 per month, it is
also recommended to cancel the August 2, 2016 council meeting.
BACKGROUND
In the past, August has been the month were the City goes through the budget and tax rate
adoption process in a way that meets state statutes and the directive of our own City Charter.
Our normal structure plans to adopt both the budget and tax rate on the first Tuesday of
September. This year there are 5 Tuesdays in August which means the last Tuesday there would
not be a council meeting. The last Tuesday in August is normally the second public hearing,
which is required to have prior to the adoption of a rate above the effective tax rate. Even if the
City recommends to adopt a tax rate below the effective rate it has been our practice to hold the
public hearings anyway to provide good two -way communication with our citizens.
If the City cannot hold the second public hearing on the last week of August, the adoption
schedule would be pushed back one week. Staff recommends to hold with our past practices to
aim to adopt the budget and tax rate at the first of September. This gives City staff time to
prepare form any approve initiatives that would start October 1't. This additional preparation
time lets staff communicate the next year initiatives to all employees and to prepare our financial
system with the new budget.
It also removes any ability to delay the process in the event of a change. The two public hearings
must be held within 2 weeks of one another per the state statutes. By skipping a council meeting
in- between the public hearings, we can still be in compliance but it removes any possibility to
adjust in case of any unforeseen event that we would cause a delay. Staff recommends holding
50077367.2
the public hearings on back to back weeks to provide a safety net in the process that allows
flexibility to address any issues that may come up.
FISCAL IMPACT
There is no fiscal impact of this recommendation.
RECOMMENDATION
To keep the same adoption schedule as in previous years, while adhering to the state statutes and
the City Charter, and to hold 3 regular council meetings in August, staff recommends that
Council approve resolution 16 -R -40 to hold a council meeting on August 30, 2016 and to cancel
the meeting on August 2, 2016. .
ATTACHMENTS
Resolution No. 16 -R -40
50077367.2
RESOLUTION NO. 16 -R -40
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN ADITIONAL COUNCIL
MEETING ON AUGUST 30, 2016 AND THE CANCELLATION OF THE
AUGUST 2, 2016 COUNCIL MEETING, 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 cancellation of the August 2, 2016 council meeting and hold an
additional council meeting on August 30, 2016; and
WHEREAS, the City recommends the additional council meeting on August 30, 2016 to
adhere to the City's past budget and tax rate adoption practices and schedule which adhere to the
state statute and the city charter; and
WHEREAS, the City recommends the cancellation of the August 2, 2016 council
meeting to adhere to the 3 regular council meetings per month directive; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
add the August 30, 2016 council meeting and cancel the August 2, 2016 meeting.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the addition of a council meeting to be
held on August 30, 2016 and the cancellation of the council meeting held on August 2, 2016 to
adhere to state statutes, city charter, and past practices with regards to budget and tax rate
adoption and to meet the 3 regular council meetings per month directive.
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 7 day of June, 2016. .
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
City Secretary, Brenda :Dennis
(CITY SEAL)
50506221.1 - 2 -
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: June 7, 2016 .
Department: Public Works /Engineering
Subject: Ordinance No. 16 -D -14 Consideration
and/or action on approval of Ordinance No.
16 -D -14 amending section 86 -115 of the
Code of Ordinances regarding maximum
speed limits. First Reading
Public Works and Engineering staff received a request to regulate the speed limit on Ray Corbett
Drive. At the time of the request, it was found that a speed limit had never been set for Ray
Corbett Drive. The street was accepted by the City in August, 2010, and a speed limit was not
added to the City Code of Ordinances.
Ray Corbett Drive is a 40 foot wide collector street. Staff recommends that a speed limit of 30
mph be assigned to this collector.
FISCAL IMPACT
$225.00 for the Corbett Drive Speed Limit signs to be paid using Street Maintenance out of FY
2015 -16 approved budget, contingencies. 101 - 359551600
Staff recommends Council approve first reading of Ordinance No. 16 -D -14.
ATTACHMENT
Ordinance No. 16 -D -14
City Council Memorandum
Page 2
Ray Corbett Drive Exhibit
ORDINANCE NO. 16 -D -14
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF
ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE
AMENDED BY REVISING SECTION 86 -115, MAXIMUM LIMITS
GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
SECTION 1
Section 86 -115 of the Code of Ordinances, City of Schertz, Texas shall be
amended to add the following:
"Section 86 -115, Maximum limits generally on specific streets"
Street Extent Speed Limit
Ray Corbett Drive Entire Length 30 MPH
SECTION 2
1. All ordinances and resolutions, or parts thereof, in conflict with the
provisions of this Ordinance are hereby repealed.
2. This Ordinance shall be in force and effect from and after its final passage.
[The remainder of this page intentionally left blank.]
PASSED AND APPROVED on first reading the '7th day of June, 2016
PASSED AND FINALLY APPROVED on second and final reading the
14th day of June, 2016.
Michael R. Carpenter, Mayor
50050608.2 A- I
Brenda Dennis, City Secretary
[CITY SEAL]
50050608.2 A -2
Agenda No. 5
CITY COUNCIL MEMORANDUM
City Council Meeting: June 7, 2016
Department: Public Works / Engineering
Subject: Ordinance No. 16 -D -15 - Providing
that the Code of Ordinances for the
City of Schertz be amended by
revising section 86 -118 — Maximum
Limits in School Zones including the
school zone for a certain street and
providing an effective date First
Reading.
BACKGROUND
The Schertz Cibolo Universal City Independent School District (SCUCISD) has requested that a
school zone on Ray Corbett Drive be established. Currently, a school zone does not exist on on
Ray Corbett Drive and is recommended to protect school children and drivers during hours of
heavy traffic associated with Ray D. Corbett Junior High School. The school zone on Ray
Corbett Drive is recommended to have a reduced speed limit of 20 miles per hour (Item #4 on
this agenda is to establish a general speed limit of 3o miles per hour) and to extend from FM
1518 and run 1,800 feet to 250 feet southwest of Alsatian Way.
Goal
To ensure that school zones are up to date in the City of Schertz, that speed limits in school zones
are reflective upon the times that students will be going to and from school to provide for safe
travel, and to provide for the proper area needed for school zones.
Community Benefit
By working cooperatively with the SCUCISD, the City can promote safety for students traveling
on city -owned streets and crosswalks.
Summary of Recommended Action
Recommend approval of first reading of Ordinance No. 16 -D -15.
FISCAL IMPACT
$ 225.00 for the Corbett Drive School Zone signs to be paid using Street Maintenance out of FY
2015 -16 approved budget, contingencies. 101 - 359551600
RECOMMENDATION
Staff recommends approval of Ordinance 16 -D -15 on first reading.
ATTACHMENT(S)
Ordinance 16 -D -15
City Council Memorandum
Page 2
Corbett Drive Exhibit
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, PROVIDING THAT THE CITY CODE OF ORDINANCES OF THE
CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86-
118, MAXIMUM LIMITS IN SCHOOL ZONES, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, §542.202 of the Texas Transportation Code provides that local authorities with
respect to a highway under its jurisdiction and in the reasonable exercise of the police power can
designate school crossing zones; and
WHEREAS, §541.302 of the Texas Transportation Code defines a "school crossing zone" as a
reduced speed zone designated on a street by a local authority to facilitate safe crossing of the street
by children going to or leaving a public or private elementary school or secondary school during the
time the reduced speed limit applies; and
WHEREAS, the City has received a request from the Schertz- Cibolo Universal City
Independent School District (SCUCISD) to designate a school crossing zone on Ray Corbett Drive;
and
WHEREAS, the City has investigated and determined that it would be advantageous and
beneficial to the citizens of the City to amend Section 86 -118 of the Schertz Code of Ordinances as
set forth below.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
Section 1. That Section 86 -118 Maximum Limits in School Zones of the Code of
Ordinances, on roadways maintained by the City of Schertz, Texas be amended to add the following:
"Section 86 -118, Maximum limits in school zones"
Street Extent Speed Limit (MPH)
Ray Corbett Drive From FM 1518 to 300 feet 20
southwest of Alsation Way
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.
Approved on first reading this the 7th day of June 7, 2016. .
PASSED, APPROVED, AND ADOPTED on final reading the 14th day of June, 2016.
Michael R. Carpenter, Mayor
Brenda Dennis, City Secretary
(CITY SEAL)
Agenda No. 6
CITY COUNCIL MEMORANDUM
City Council Meeting: June 7, 2016
Department: Engineering / Public Works
Subject: Ordinance No. 16 -D -16 - An Ordinance by
the City Council of the City of Schertz,
Texas providing that the Code of Ordinances
of the City of Schertz, Texas be amended by
revising Chapter 86, Article V, Section 86-
149 Parking Prohibited. (First Reading)
BACKGROUND
Kramer Farm Subdivision includes a mail kiosk on Tractor Pass between Planters Pass and
Wagon Wheel (Exhibit A). Tractor Pass is a local residential street with one travel lane in each
direction. Currently there are no off street or designated parking areas for citizens to park their
vehicles while they collect their mail. Representatives of the subdivision Home Owners
Association (HOA) reported that cars of nearby residents regularly park in front of the kiosk
impeding residents' access to the mail kiosk. The HOA requested that the Transportation Safety
Advisory Commission (TSAC) consider recommending a restriction of parking in front of the
mail kiosk to a five- minute limit.
At the regular meeting of the TSAC on April 7, 2016, the Commission discussed this item and
recommended to restrict parking in front of the mail kiosk on Tractor Pass.
Engineering and Public Works recommend special parking restrictions in front of the kiosk on
Tractor Pass, limiting parking to 5 minutes, for the purpose of mail pickup and drop-off.
Goal
To ensure that residents can access the mail kiosk without obstruction.
Community Benefit
To provide for access to the mail kiosk for residents.
Summary of Recommended Action
Recommend approval on first reading to prohibit parking to 5 minutes in front of the mail kiosk
on Tractor Pass in the Kramer Farm subdivision. (Exhibit A).
FISCAL IMPACT
The fiscal impact will be $150.00 for no parking signs paid out of FY 2015 -16 approved budget
account number 101- 359 - 551600 Street Maintenance.
Staff recommends Council approve on first reading Ordinance No. 16-D-16 to amend Chapter
86, Article V, Section 86-149 Parking Prohibited of the Code of Ordinances to include the
segment of Tractor Pass as shown in Exhibit A.
Exhibit A: Kramer Farm mail kiosk 5-Minute Parking Zone (-1.1.0 ft.).
ATTACHMENT
Ordinance No. 16-D- 16
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ,
TEXAS BE AMENDED BY REVISING CHAPTER 86, ARTICLE V, SECTION 86 -149
PARKING PROHIBITED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it has been established that parking in front of the mail kiosk on Tractor Pass in the
Kramer Farm subdivision be limited to 5 minutes along a length of 110 feet adjacent to the
common lot on which the kiosk is located. This short term parking is not covered under Chapter
86, Article V, Section 86 -149 Parking Prohibited of the City Code of Ordinances; and
WHEREAS, it is recommended to add this area as shown in Exhibit A to the City Code of
Ordinances under Article V, Section 86 -149, Parking Prohibited.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. Chapter 86, Article V, Section 86 -1.49 of the Code of Ordinances, Parking
Prohibited by the City of Schertz, Texas is amended to add the following:
(a) When signs are erected and/or, when recommended by the City Engineer or the Chief of
Police, curb(s) are marked by painting them red with "No Parking" painted in white
letters thereon, giving notice thereof, no person shall park a vehicle at any time (or at
times as limited) upon any of the following streets or portions thereof.
Street
Extent
Tractor Pass 5 minute only parking along 110 feet adjacent to the
common lot on which the mail kiosk is located
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.
Section 8. This Ordinance shall be cumulative of all other ordinances of the City of
Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City
of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the
provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby
repealed.
Approved on first reading the 7th day of June, 2016. .
PASSED, APPROVED AND ADOPTED on final reading the 14th day of June, 2016.
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
Exhibit A
-5 Minute Parking along 35 feet in front of mail kiosk on Tractor Pass
Agenda No. 7
.tlll l�•LKili1►[�11 i>tu i ilu[i] m►11111u
City Council Meeting: June 7, 2016
Department: Parks and Recreation
Subject: Resolution 16 -R -41— Consider a Resolution
Authorizing the License and Management
Agreements with the YMCA for Operation and
Maintenance of the Recreation Center, Outdoor
Pools, Splash Pad, Enclosed Community Swimming
Pool of Competition Quality, and Indoor Recreation
Pool.
BACKGROUND
In 2014 City Council approved Resolution 14 -R -59 to authorize entering into the agreements with the YMCA to operate the new
enclosed swimming pool facility, contribute funding, and continue to operate the City's Recreation Center and outdoor pools. As
Staff has indicated to Council at work sessions since then, the agreements have not been executed while the design work
continued and the agreement with SCUCISD was being finalized and the final scope of the facility was determined. These items
were not known until the City executed a contract and finalized the plans with the CM at Risk (Byrne).
In speaking with Bond Counsel, a recommendation was made to adjust language in Section 7 (a) and (b) with regard to the bond
issuance by the City to provide overall lower costs. These provisions reference the City issuing approximately $2,000,000 in
bonds to be used for the project that allows for the additional body of water to be included in the project. This additional body of
water is better suited to be used by more members of the community — seniors, small children, etc. for water aerobics, beginning
swim lessons, water therapy, etc. than the body of water that is of competition quality.
To summarize the past discussion, constructing the indoor recreation pool necessitates the City, in partnership with the YMCA
who will pay $2,000,000 over twenty years to go toward the debt service of the approximately $2 million bonds.
The two agreements are for 20 years, but allow the City to close either or both of the two outdoor pools. While there is no plan to
close either outdoor pool, this provision provides flexibility to the City. The agreements continue the membership plan for use of
the recreation center and adds access to the competition pool and recreation pools. The agreement also provides for a day pass to
the pool at a cost of $6.00 per day for residents ($15.00 for a family that lives in Schertz).
Goal
To maximize the benefit to the citizens by extending the license agreement for the Recreation Center and management agreement
for the two Outdoor Pools, and entering into a license agreement for the community swimming pool of competition quality and
indoor recreation pool.
Community Benefit
The community will benefit from this new indoor Aquatic Facility containing a community pool of competition quality and a
second pool that will be suitable for a variety of uses as well as experienced proven management of all of the facilities.
Summary of Recommended Action
Staff recommends Resolution No 1.6 -R -41.
FISCAL IMPACT
The City will issue bonds for approximately $2 to construct the indoor recreation pool. The City will pay the YMCA
approximately $180,000 to operate both outdoor pools for 90 days each summer. The City will pay the YMCA a grant starting at
$380,000 annually for the first 5 years (increasing by 5% every 5 years) to operate the other facilities along with an additional
grant of $100,000 annually to reduce the cost of memberships to Schertz residents. The YMCA will pay the City of Schertz
$100,000 annually for 20 years ($2 million) which Schertz will use to pay the bonds of the indoor recreation pool.
19 DCKU7► lU 10101117.111 [1701
Approval of Resolution 16 -R -41
ATTACHMENT(S)
Resolution No. 16 -R -41
Amended and Restated Schertz Recreation Center Agreement and Outdoor Pools Management Agreement
Schertz Enclosed Community Swimming Pool, Splash Pad, and Aquatic Facility of Competition Quality and Indoor Recreation
Pool License Agreement
RESOLUTION NO. 16 -R -41
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING LICENSE AND MANAGEMENT
AGREEMENTS WITH THE YMCA FOR THE MANAGEMENT AND
OPERATIONS OF THE RECREATION CENTER, OUTDOOR POOLS,
SPLASH PAD, ENCLOSED COMMUNTY SWIMMING POOL OF
COMPETITION QUALITY AND INDOOR RECREATION POOL AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into Agreements with the YMCA for operations and management of the recreation
facility, outdoor pools, splash pad, enclosed community swimming pool of competition quality
and indoor recreation pool; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into Agreements with YMCA the Agreements attached hereto as Exhibit A (the
"Recreation Center License Agreement and Outdoor Pools Management Agreement ") and
Exhibit B (the "Enclosed Community Swimming Pool and Aquatic Facility of Competition
Quality and Indoor Recreation Pool License Agreement ") .
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreements with the YMCA in substantially the form set forth on Exhibit A and
Fxhihit R
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this day of , 2016.
CITY OF SCHERTZ, TEXAS
Michael R Carpenter, Mayor
Brenda Dennis, City Secretary
(CITY SEAL)
50234811.1
EXHIBIT A
Recreation Center License Agreement and Outdoor Pools Management Agreement
Exhibit B
Enclosed Community Swimming Pool and Aquatic Facility of Competition Quality
and Indoor Recreation Pool License Agreement
SCHERTZ ENCLOSED COMMUNITY SWIMMING POOL AND AQUATIC FACILITY
OF COMPETITION QUALITY AND INDOOR RECREATION POOL
LICENSE AGREEMENT
THIS SCHERTZ ENCLOSED COMMUNITY SWIMMING POOL AND AQUATIC
FACILITY OF COMPETITION QUALITY AND INDOOR RECREATION POOL
LICENSE AGREEMENT (this "Agreement ") dated to be effective as of the day of
' 2016 (the "Effective Date ") is between the City of Schertz, Texas, a
Texas home rule city ( "Schertz" or the "City "), and the Young Men's Christian Association of
Greater San Antonio, a Texas non -profit corporation (the "YMCA").
WITNESSETH:
WHEREAS, Schertz is the owner of a Schertz public recreation facility on the real property
described on the attached Exhibit A ( "Real Property "), with a street address of 621 Westchester
Drive, Schertz, Texas, upon which has been constructed a recreation center currently operated by
the YMCA known as the Schertz Recreation Center (the "Recreation Center ").
WHEREAS, Schertz and the YMCA previously entered into that certain Schertz Recreation
Center License Agreement dated as of April 28, 2009 (the "Original Facility License
Agreement "), pursuant to which Schertz and the YMCA set forth certain terms by which the
YMCA manages the Recreation Center for Schertz, which Original Facility License Agreement
was amended pursuant to that certain. First Amendment to Schertz Recreation Center License
Agreement dated as of March 15, 2011 (the "Facility License Agreement Amendment ", and
collectively with the Original Facility License Agreement, the "Facility License Agreement ").
WHEREAS, Schertz is in the process of constructing, or causing to be constructed, (1) an
enclosed community swimming pool and aquatic facility of competition quality (the "Swimming
Pool and Aquatic Center ") and (2) an indoor recreation pool (the "Recreation Pool ").
WHEREAS, the Recreation Center is referred to herein as the "Facility ".
WHEREAS, the Swimming Pool and Aquatic Center and Recreation Pool are collectively
referred to herein as the "Aquatic Facility ".
WHEREAS, the Facility and the Aquatic Facility are collectively referred to herein as the
"Entire Facility ".
WHEREAS, this Agreement relates to the Aquatic Facility.
WHEREAS, Schertz and the YMCA entered into an Amended and Restated Schertz Recreation
Center License Agreement and Outdoor Pools Management Agreement (the "Amended Facility
License Agreement ") regarding, among other things, a license for, and operation and
maintenance of, the Facility, dated as of the date of this Agreement, which amended and replaced
in its entirety the Facility License Agreement.
WHEREAS, Schertz desires that the YMCA manage the Aquatic Facility for Schertz, and the
YMCA has agreed to do so pursuant to the terms and conditions of this Agreement.
1
4834 -]388- 65]0.2
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is
acknowledged by both parties, Schertz and the YMCA accept this Agreement for the purposes,
and upon the terms and conditions, set forth herein:
1. Exclusive License. Subject to the restrictions, terms, and conditions of this
Agreement, and further subject to the now current restrictions, terms, conditions,
license, and rights granted to the Schertz - Cibolo- Universal City Independent
School District ( "SCUCISD ") pursuant to the Aquatic Facility Interlocal
Agreement between Schertz and SCUCISD attached hereto as Exhibit G and
incorporated herein for all purposes (the "Aquatic Facility Interlocal
Agreement ") (but not subject to any future amendments or supplements thereto),
Schertz hereby grants to the YMCA an exclusive right and license to manage and
operate the Aquatic Facility for the purposes, in the manner, and for the period of
time described in this Agreement (the "Rights "). This Agreement is not a lease
of the Aquatic Facility and does not confer any ownership, leasehold, or other
interest in the Aquatic Facility or the land on which it is located except as set
forth herein.
2. Term. The initial term of this Agreement begins on the Effective Date and ends
on the date which is twenty (20) years after the Aquatic Facility Completion Date
(as defined in Section 11 ). Upon termination of this Agreement, the Rights
licensed to the YMCA herein will automatically revert back to Schertz, subject to
the rights of SCUCISD. If this Agreement is terminated, and if requested by
Schertz, the YMCA and Schertz will acknowledge such termination and reversion
in a signed written document, subject to the rights of SCUCISD.
3. General Terms of Construction, Use and Maintenance. The YMCA, at its cost
and expense, will (i) perform the work and services for the operation and
management of the Aquatic Facility as required herein, (ii) maintain the furniture,
equipment and supplies as shown in Section I on the attached Exhibit A -1, and
install and maintain any other furniture, equipment and supplies as otherwise
required by the YMCA for its operation of the Aquatic Facility ( "YMCA
Installed Items "), and (iii) conduct maintenance and repairs required for the
Aquatic Facility as further described in Section II of Exhibit A -1 attached hereto.
Schertz, at its cost and expense, (i) will provide, after the construction of the
Aquatic Facility is complete, which the parties estimate to be by September 1,
2016, the license to the YMCA with use of the completed Aquatic Facility and a
final Certificate of Occupancy for the Aquatic Facility in accordance with final
plans and specifications provided to and approved by the YMCA prior to final
design of the Aquatic Facility, with all interior finishes completed (wall and floor
coverings, lighting, HVAC systems, and other electrical and plumbing facilities
and other items as set forth in the plans and specifications for the Aquatic
Facility), which the YMCA hereby accepts, and ready for installation of the
YMCA's Installed Items, (ii) will install such additional components for the
Aquatic Facility as further described on Exhibit I attached hereto, and (iii) will
conduct maintenance and repairs required for the exterior and other components
50855852.3 2
4834 - 1388 - 6510.2
of the Aquatic Facility as further described in Section III of Exhibit A -1 attached
hereto.
4. Aquatic Facility Operations; Employees.
(a) The YMCA will have exclusive control of the day -to -day operations of the
Aquatic Facility, subject to the rights of SCUCISD and the right of
Schertz, described in Section 14, to inspect the Aquatic Facility for
maintenance purposes or to ensure that the YMCA is properly carrying out
its obligations under this Agreement.
(b) The YMCA will provide all necessary employees for the Aquatic Facility,
including employees who will meet or exceed the requirements described
on Exhibit B. The YMCA agrees that all of its employees will be fully
qualified and competent to do the work required of the YMCA under the
terms of this Agreement. The YMCA shall be fully responsible for the
hiring, training, and dismissal of all employees.
5. Sublicense.
(a) The YMCA shall have the authority to sublicense the Aquatic Facility (or
parts thereof) to the following organizations or for the following purposes
for members and /or non - members:
(i) when requested, the YMCA shall use its best efforts to make the Aquatic
Facility (or parts thereof) reasonably available to Schertz without the need
for a sublicense and at no charge to Schertz;
(ii) when requested, the YMCA shall use its best efforts to make the Aquatic
Facility (or parts thereof) reasonably available to Schertz (or the
applicable sublicensee as designated below) without the need for a
sublicense agreement, and at no charge to Schertz, for the following
purposes:
(1) for Healthy Kids Day (YMCA Program) — Saturdays 9 am to 1 pm;
(2) for the Schertz Area Senior Center — meeting rooms, gymnasium.
(iii) when requested, the YMCA shall use its best efforts to make the Facility
(or parts thereof) reasonably available to Schertz (or the applicable
sublicensee as designated below) without the need for a sublicense
agreement, but with an agreed fee with the sublicensee, for the following
purposes:
(1) for birthday parties (YMCA Program) — periodically;
(2) for health and wellness courses or seminars;
50855852.3 3
4834 - 1388 - 6510.2
(3) Family Nights (YMCA Program);
(4) for youth sports programs;
(5) Teen Lock -Ins;
(6) Clemens and Steele High School Project Graduation;
(7) American Cancer Society Relay for Life; and
(8) Swim clubs and swim teams; and
(iv) such other specific purposes as are approved in advance in writing by the
Schertz City Manager and /or his /her designee.
All net revenues received by the YMCA from sublicensing the Aquatic
Facility as permitted above (gross revenue, less direct Aquatic Facility
expenses related to the event) shall be separately identified in the
YMCA's books and records for the YMCA's activities at the Aquatic
Facility and shall be used in full by the YMCA in operating the YMCA's
activities at the Aquatic Facility and for no other purpose. The City urges
the YMCA to dedicate a portion of such net revenues for scholarships for
families residing in the City who cannot afford standard YMCA
membership rates.
(b) Aquatic Facility sublicenses that involve exclusive reservation for a group
of the entire Aquatic Facility must be scheduled for times other than
during the YMCA's publicized hours of operation. Aquatic Facility
sublicenses that do not provide a group exclusive use of the entire Aquatic
Facility may not adversely affect members' usage of the Aquatic Facility
during the YMCA's publicized hours of operation.
(c) Any sublicense granted by the YMCA under this Section 5 shall be
evidenced in writing using the Form of Sublicense Agreement attached
hereto as Exhibit F. Such sublicense agreement shall be signed by both
the YMCA and the sublicensee. A copy of the executed sublicense
agreement shall be delivered to the City Manager or his /her designee no
later than two (2) business days after its execution, which must be at least
one (1) business day prior to the date that the licensee plans to use the
Aquatic Facility.
(d) If the YMCA is unable to accommodate a sublicensee applicant, it will
refer the applicant to the City's Civic Center Department for possible
assistance in another City facility. Similarly, if the City is unable to
accommodate a group or organization in a City facility and the group or
organization or purpose qualifies under Section 5(a), the City will refer
the applicant to the YMCA, in all events subject to Section 5(b).
50855852.3 4
4834 - 1388 - 6510.2
6. Aquatic Facility Revenues and Allocation of Expenses.
(a) The YMCA will receive and retain all membership fees, vending machine
profits, revenues from YMCA programs, receipts from Aquatic Facility
sublicenses, and all other revenues generated from any event or operations
at the Aquatic Facility except for concession sales associated with
SCUCISD swim meets.
(b) Except as otherwise allocated to Schertz as provided herein, the YMCA
will be responsible for all expenses related to the operation and
management of the Aquatic Facility, including, but not limited to,
employee salaries and the maintenance and repair of those items allocated
to the YMCA in Section I on Exhibit A -1. At the time the YMCA
occupies and begins operations of the Aquatic Facility, the YMCA shall
be responsible for paying the monthly usage charges for the following
utility services (prorated for any partial month): cable or satellite
television service, telephone service, internet service, water and sewer
service separately metered for the interior of the Aquatic Facility area,
electric service separately metered for the interior of the Aquatic Facility
area, and gas service (if any).
(c) Schertz will be responsible for all expenses related to the maintenance and
repair of those items allocated to Schertz in Section III on Exhibit A -1.
Schertz will be responsible for paying all monthly usage charges for the
following utility services (prorated for any partial month): electric service
for the lighting of the parking lot for the Entire Facility (which will be
separately metered), and water service for all landscape irrigation for the
Entire Facility (which will be separately metered).
(d) Except as provided in Section 7(b) below, Schertz will not charge to the
YMCA, and the YMCA will not pay to Schertz, a license fee or any other
fee during the term hereof.
7. Taxable Bonds.
(a) Schertz will issue approximately Two Million ($2,000,000.00) in bonds
(the `Bonds "), the proceeds of which Bonds shall be used to construct the
Recreation Pool.
(b) Commencing on the Aquatic Facility Completion Date, the YMCA will
pay to Schertz an amount of One Hundred Thousand and No/ 100 Dollars
($100,000.00) annually (the "YMCA Payment "), by the tenth (10th) day
of January each year during the term of this Agreement, in exchange for
the license to use and the ability to operate the Recreation Pool as granted
to the YMCA in this Agreement, which amount Schertz shall use to pay
the debt service on the Bonds.
50855852.3 5
4834 - 1388 - 6510.2
8. Membership Rates.
(a) The membership rates for the Entire Facility set forth in the Amended
Facility License Agreement shall include usage of the Aquatic Facility.
Such rates are also set forth on Exhibit C attached hereto. No additional
rate shall be charged for usage of the Aquatic Facility. Daily passes to the
Recreation Pool shall be available to Schertz residents at a rate not to
exceed 20% of the monthly "Schertz Resident" membership rate,
however, the YMCA shall have the right, with the approval of Schertz
(such approval not to be unreasonably withheld or delayed) to set and/or
adjust day pass limitations and /or rates (as shown on Exhibit C, as the
same are adjusted from time to time) if the YMCA determines the current
day pass rates and /or policies result in unfavorable and /or detrimental
business operations of the Entire Facility.
9. Marketing and Signage.
(a) Using its normal and customary marketing programs as generally applied
in the Bexar County, Texas area, the YMCA will be responsible for all
marketing related to the Aquatic Facility and the YMCA's programs
conducted therein, and will so market the Aquatic Facility, at a minimum,
within the entire area in the City limits.
(b) Unless the need of maintenance, repair or replacement is the result of the
actions of Schertz, or those under its control, the YMCA, as determined by
it in its sole and reasonable discretion from time to time, will be
responsible for providing all necessary or desirable interior signage at the
Aquatic Facility, as well as any exterior Aquatic Facility signage that
includes the YMCA name. In the event any signage contains both the
name of the Aquatic Facility as designated by Schertz, and the YMCA
names or logos, the parties will agree as to the allocation of the costs of
such signage prior to the manufacture of such signage. Exterior and
interior signage desired by the YMCA will be subject to reasonable
advance written approval by Schertz. Schertz may provide Schertz - related
signage for the exterior and interior of the Recreation Pool, in addition to
that displayed by the YMCA, and the YMCA will permit such signage to
be placed in reasonable locations if requested by Schertz. Samples of
signage currently located at the Recreation Center are shown on Exhibit
D. Schertz and the YMCA agree to use their best efforts to finalize initial
signage needed for the Aquatic Facility by June 1, 2016.
10. Aquatic Facility Pre - Opening YMCA Representative. The YMCA will
designate an employee to work with Schertz during the construction period for the
Aquatic Facility, to advise Schertz of YMCA recommendations with respect to
the Aquatic Facility and to coordinate pre - opening activities. Subject to safety
concerns and regulations, Schertz will allow the YMCA representatives to
50855852.3 6
4834 - 1388 - 6510.2
conduct tours of safe portions of the Aquatic Facility as part of its pre - opening
marketing activities.
1.1. Initial Occupancy of the Aquatic Facility. Unless otherwise requested and
approved by Schertz, the YMCA will have full access to the Aquatic Facility
immediately after Schertz issues an initial Certificate of Occupancy for the
Aquatic Facility. Subject to events beyond its control, the YMCA will open the
Aquatic Facility to the public, and commence full operation thereof, no later than
Thirty (30) days after issuance of a final Certificate of Occupancy (the actual date
upon which operations commence with respect to the Aquatic Facility is referred
to herein as the "Aquatic Facility Completion Date ", and the parties shall
acknowledge such date in a signed writing, which shall be attached to this
Agreement as Exhibit H and which shall become a part of this Agreement).
1.2. Advisory Board. An advisory board (the "Advisory Board ") has been
established by the YMCA to informally assist the YMCA in its operation of the
Recreation Center, all in accordance with the procedures and requirements and
Schertz representation set forth on the attached Exhibit E. The Advisory Board
is and will continue to be to advise only, and will have no power to dictate policy
or procedures to the YMCA. Commencing on the Effective Date of this
Agreement and continuing throughout the term of this Agreement, the Advisory
Board shall also informally assist the YMCA in its operation of the Aquatic
Facility.
13. Insurance.
YMCA Insurance. The YMCA will at all times during the term of this
Agreement maintain and keep in full force and effect insurance in the following
types and minimum amounts with companies authorized to do business in the
State of Texas:
(a) Commercial General Liability (including contractual liability):
Bodily Injury & Property Damage: $1,000,000 per occurrence
$2,000,000 General Aggregate
(b) Worker's Compensation: Statutory requirements applicable to the
YMCA
(c) Employers' Liability
Bodily Injury by Accident - $500,000 each accident
Bodily Injury by Disease - $500,000 each employee
Bodily Injury by Disease - $500,000 policy limit
Schertz Insurance. Schertz will at all times during the term of this Agreement
maintain and keep in full force and effect insurance in the following types and
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4834 - 1388 - 6510.2
minimum amounts with companies authorized to do business in the State of
Texas:
(a) Schertz Property Insurance Coverage: Throughout the term of this
Agreement, Schertz shall maintain in full force a policy or policies of
property insurance, issued by one or more insurance carriers licensed to do
business in Texas, covering all buildings and improvements comprising
the Aquatic Facility to the extent of their full replacement value (exclusive
of subsurface foundation and excavation cost).
Waiver of Subrogation. Schertz and the YMCA agree (and this Agreement shall
bind Schertz and the YMCA, as well as their respective property insurers) that (i)
if the Aquatic Facility (and/or in the case of Schertz, the other portions of the Real
Property) or its contents are damaged or destroyed by fire or other casualty for
which insurance is maintained, or an employee sustains an injury covered by
Worker's Compensation insurance (or such damage or injury is of a type for
which insurance was required to be maintained under the terms of this
Agreement), the rights, if any, of either party against the other with respect to
such damage, destruction or injury are waived with respect to both losses to the
extent covered by insurance that is obtained as required under this Agreement and
losses not covered due to deductibles, coinsurance penalties, insurance carrier
insolvency, disputes with the insurance carrier regarding coverage or under -
insurance; and (ii) that all property coverage policies, other insurance covering
such property or its contents and Worker's Compensation insurance shall contain
a clause or endorsement providing in substance that the insurance shall not be
prejudiced if the insured have waived right of recovery from any person or
persons prior to the date and time of loss or damage, if any. The failure of the
parties to obtain such endorsements, however, shall not negate or otherwise
adversely affect the waiver of subrogation herein set forth, which waiver in all
instances shall be binding upon the parties and their respective insurers.
Workers' Compensation. The Workers' Compensation coverage provided by
the YMCA will inure to the benefit of employees injured during the course and
scope of their employment by the YMCA at the Facility pursuant to this
Agreement.
Other Requirements. All insurance required to be maintained by the YMCA
pursuant to this Agreement, except for Worker's Compensation Insurance, will
name Schertz as an additional insured. All insurance required to be maintained by
Schertz pursuant to this Agreement, will name the YMCA as an additional
insured. All such insurance coverage and each party's status as an additional
insured, as appropriate, will be evidenced by one or more certificate(s) of
insurance provided to the other party upon signing of this Agreement. Each party
will be provided the notice by the other party's insurance provider not later than
thirty (30) days prior to any reduction or termination of such coverage.
50855852.3 8
4834 - 1388 - 6510.2
1.4. Inspections. The Schertz City Manager and/or his/her designee and the Schertz
Director of Parks, Recreation and Community Services (or the equivalent position
if such position is renamed) and/or his /her designee (each a "Schertz
Representative ") may make periodic visits to the Aquatic Facility to assess any
maintenance needs and/or to observe the progress and quality of the YMCA's
executed work and services and to determine, in general, if the work and services
are proceeding in accordance with this Agreement. The Schertz Representative
will not be required to make exhaustive or continuous on -site inspections to check
the quality or quantity of the work, nor will the Schertz Representative be
responsible for the means, methods, techniques, sequences or procedures, or the
safety precautions incident thereto. The Schertz Representative will not be
responsible for the YMCA's failure to perform the work in accordance with this
Agreement.
15. Notice for Repairs by YMCA. The YMCA will provide Schertz prompt written
notice of any capital or other repairs and/or replacements to the Aquatic
Facility for which Schertz is responsible under the terms of this Agreement,
whereupon Schertz will use reasonable efforts (subject to public bidding
requirements) to promptly initiate necessary repairs /replacement, and thereafter
diligently and continuously pursue the completion thereof, provided, however,
that notice of emergency repairs (those where there is imminent danger to life or
property) shall require Schertz to respond immediately to either written or
telephonic notice, and diligently undertake efforts to alleviate the immediate
danger to life or property, and thereafter initiate necessary repairs /replacement as
required above to diligently and continuously pursue the repair /replacement
process to completion. Emergency repairs shall include, but shall not be limited
to (i) water intrusion causing damage to the interior of the Aquatic Facility and /or
the property of the YMCA, (ii) the failure of the HVAC system, (iii) the failure of
any essential utility component of the Aquatic Facility (including, but not limited
to water, electrical or sewage service), and/or (iv) the presence of, or introduction
of, hazardous substance(s) in the Aquatic Facility. Schertz's obligation to
undertake emergency repairs pursuant to this Section 15 may not relieve the
YMCA of the obligation to pay for such repairs, depending on whether such
emergency repairs were necessitated by actions of the YMCA, its employees, or
its patrons.
16. Complaint Resolution. The YMCA will be responsible for resolving all
complaints by members and patrons regarding the Aquatic Facility and YMCA
operations. As part of the quarterly reports required by Section 18, the YMCA
will provide Schertz with a summary of all material complaints received by the
YMCA and the corresponding resolution to each.
17. Licenses, Certification, and Permits. The YMCA will, at its expense, obtain all
permits, certifications, and licenses, and pay all related fees and taxes, necessary
for the performance of its work and services under this Agreement, and will
comply with all laws, ordinances, rules and regulations governing the YMCA's
performance of this Agreement, including all environmental laws and regulations
50855852.3 9
4834 - 1388 - 6510.2
applicable to the YMCA's operation of the Aquatic Facility, whether state or
federal. Schertz hereby waives all fees for City - required permits, licenses, and
inspections relating to the Aquatic Facility. Schertz will comply with all laws,
ordinances, rules and regulations governing its ownership of the Aquatic Facility
and the :Real Property, and its performance of this Agreement, including all
environmental laws and regulations applicable to its ownership of the Aquatic
Facility and the Real Property, whether state or federal.
18. Quarterly Reports — Recreation Pool. The YMCA will provide quarterly
reports to Schertz covering January through March, April through June, July
through September, and October through December of each year. Quarterly
reports will be delivered to Schertz no later than the 45th calendar day after the
end of each reporting period, and will provide generally the details regarding the
budget, donations, membership roll, revenues, sponsorships, member and material
patron written complaints, and other relevant operating details related to the
Recreation Pool. The YMCA will make the Entire Facility's Executive Director
available on reasonable request by the Schertz City Manager to make quarterly
reports to the Schertz City Council.
19. Annual Audit. Schertz will conduct an audit each year, at the sole expense of
Schertz, of the operations at the Entire Facility including the Aquatic Facility.
The audit will be conducted by an internal and /or external audit team selected by
Schertz. The YMCA will allow the persons conducting the audit to have full
access to the Entire Facility including the Aquatic Facility and all records related
to the Entire Facility including the Aquatic Facility, including, but not limited to
budgets, financial statements, and other financial and operational records, in order
to complete the audit and will fully cooperate throughout the audit process.
Schertz will provide the YMCA with a copy of each final audit report.
20. Semi - Annual "Schertz Night ". The Aquatic Facility will be made available
exclusively to the City residents at no cost to Schertz or to the City residents two
times each year, at dates and times to be mutually agreed upon by the YMCA and
Schertz (each occurrence referred to as a "Schertz Night "). During these
occasions, the YMCA will provide adequate staff and will open the Aquatic
Facility for full use by City residents. These times are intended to acquaint City
residents with the Aquatic Facility and to encourage membership. The Aquatic
Facility Schertz Nights shall occur at the same time as the Facility "Schertz
Nights" addressed in Section 19 of the Amended Facility License Agreement.
21. Independent Contractor. It is expressly understood and agreed that the YMCA
will perform all work and services described herein as an independent contractor
and not as an officer, agent, servant, or employee of Schertz; that the YMCA will
have exclusive control of and the exclusive right to control the details of the
services and work performed hereunder, and all persons performing the same; that
the YMCA will be solely responsible for the acts and omissions of its officers,
agents, servants, employees, contractors, and subcontractors; that the doctrine of
respondent superior will not apply as between Schertz and the YMCA, its
50855852.3 10
4834 - 1388 - 6510.2
officers, agents, servants, employees, contractors, and subcontractors; and that
nothing herein will be construed as creating a partnership or joint enterprise
between Schertz and the YMCA. No person performing any of the work or
services described hereunder by the YMCA will be considered an officer, agent,
servant, or employee of Schertz. Further, it is specifically understood and agreed
that nothing in this Agreement is intended or will be construed as creating a
"Community of Pecuniary Interest" or "An Equal Right of Control" which would
give rise to vicarious liability. The YMCA will be an independent contractor
under this Agreement and will assume all of the rights, obligations, and liabilities
applicable to it as such independent contractor hereunder. Schertz does not have
the power to direct the order in which the work is done or how the services are
provided. Schertz will not have the right to control the means, methods, or details
of the YMCA's work or services. The YMCA will assume exclusive
responsibility for the work or services, and the YMCA will be entirely free to do
the work and provide the services as determined by it in accordance with the
provisions of this Agreement.
22. INDEMNITY. THE YMCA WILL INDEMNIFY AND HOLD HARMLESS
AND DEFEND SCHERTZ AND ALL OF SCHERTZ'S
COUNCILMEMBERS, OFFICERS, AGENTS, ATTORNEYS, AND
EMPLOYEES FROM ALL SUITS, ACTIONS, CLAIMS, DAMAGES,
PERSONAL INJURIES, LOSSES, PROPERTY DAMAGE, AND
EXPENSES OF ANY CHARACTER WHATSOEVER, INCLUDING
REASONABLE ATTORNEYS' FEES, BROUGHT FOR OR ON
ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR
SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, AS A
RESULT OF ANY NEGLIGENT ACT OF THE YMCA, ITS AGENTS OR
EMPLOYEES, OR ANY SUBCONTRACTOR OF THE YMCA, ARISING
OUT OF, OR RESULTING FROM THE YMCA'S ACTIVITIES IN
CONNECTION WITH THIS AGREEMENT. IN THE EVENT OF
INJURIES OR DAMAGES RESULTING FROM THE NEGLIGENCE OF
BOTH SCHERTZ AND THE YMCA (INCLUDING THEIR RESPECTIVE
OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS), THE
YMCA'S INDEMNITY HEREUNDER WILL BE LIMITED SOLELY TO
THE EXTENT OF THE YMCA'S (INCLUDING ITS AGENT'S,
EMPLOYEE'S, OR SUBCONTRACTOR'S) COMPARATIVE PORTION
OF SUCH NEGLIGENCE. THIS INDEMNITY PROVISION DOES NOT
APPLY TO AQUATIC FACILITY DEFECTS, WHICH ARE THE
RESPONSIBILITY OF SCHERTZ.
23. RELEASE. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS
AGREEMENT, THE YMCA HEREBY RELEASES, ACQUITS,
RELINQUISHES, AND FOREVER DISCHARGES SCHERTZ,
SCHERTZ'S EMPLOYEES, OFFICERS, COUNCILMEMBERS,
ATTORNEYS, AND AGENTS, FROM ANY AND ALL DEMANDS,
CLAIMS, DAMAGES, OR CAUSES OF ACTION REGARDING ANY
AND ALL OPERATIONS IN CONNECTION WITH THIS AGREEMENT
50855852.3 11
4834 - 1388 - 6510.2
WHICH THE YMCA HAS OR MIGHT HAVE IN THE FUTURE,
INCLUDING BUT NOT LIMITED TO QUANTUM MERUIT, CLAIMS
UNDER THE DUE PROCESS AND TAKINGS CLAUSES OF THE TEXAS
AND UNITED STATES CONSTITUTIONS, TORT CLAIMS, OR
SCHERTZ'S NEGLIGENCE. THIS PROVISION DOES NOT INCLUDE
CLAIMS FOR BREACH OF CONTRACT RELATED TO THIS
AGREEMENT.
24. Assignment. Except for the sublicenses permitted by Section 5 and subject to the
rights of SCUCISD, neither party may, either directly or indirectly, assign all or
any part of this Agreement or any interest, right or privilege herein, without the
prior written consent of the other party. The issue of whether or not to grant
consent to an assignment is in the sole discretion of the party from whom consent
has been requested.
25. Infringement.
(a) If any of the Rights appear to be infringed by a third party, then the party
becoming aware of such infringement will promptly notify the other party.
Schertz will have the right, but not the obligation, to take action against
the infringer, including the filing of lawsuits, without the prior consent of
the YMCA. Schertz will notify the YMCA promptly of its election to do
so. The YMCA may elect to join in any such legal proceedings initiated by
Schertz against the alleged infringer. If Schertz elects not to take any
action hereunder, then the YMCA may initiate legal proceedings on its
own behalf, and Schertz may elect to join in those proceedings.
(b) If either party hereto elects to join in legal proceedings commenced by the
other party, then the control of such proceedings will remain in the hands
of the initiating party, and all fees, costs, and expenses incurred by the
initiating party, along with all damages and awards recovered thereby,
shall be shared equally between the parties. If one party elects not to join
in legal proceedings initiated by the other party, then such other party shall
be responsible for all fees, costs, and expenses incurred therein, and shall
receive all damages and awards recovered thereby.
(c) Each party hereto will cooperate fully with the other in all aspects of any
such litigation whether or not joining in the proceedings.
26. Schertz Warranties. Schertz hereby represents and warrants to the YMCA as
follows:
(a) To Schertz's actual knowledge without any investigation, (i) Schertz is the
owner of the Rights; (ii) Schertz has the power and authority to enter into
this Agreement and to grant to the YMCA the licenses set forth herein;
and (iii) Schertz has good title and ownership in and to all Rights and the
Real Property.
50855852.3 12
4834 - 1388 - 6510.2
(b) Except for the rights granted pursuant to the Aquatic Facility Interlocal
Agreement, Schertz has not granted or purported to grant any third party
any rights inconsistent with this Agreement or with the Rights and license
granted the YMCA hereunder.
(c) Schertz has not entered in any agreement with any third party that would
conflict with this Agreement or prevent Schertz's performance of this
Agreement in accordance with its terms.
(d) Schertz has the authority to enter into this Agreement, and Schertz has
taken all necessary action lawfully to delegate that authority to Schertz's
signatory hereto.
(e) Except for the representations and warranties specifically provided above,
Schertz makes no other representations or warranties regarding the Rights,
its rights to the Rights, or its use of the Rights, and Schertz expressly
disclaims and negates any and all warranties (express or implied) as to the
Rights or its rights to the Rights. Except as specifically provided herein,
THE RIGHTS ARE LICENSED TO THE YMCA ON AN AS -IS,
WHERE -IS, AND WITHOUT FAULTS BASIS.
27. YMCA Warranties. YMCA hereby represents and warrants to Schertz as
follows:
(a) To YMCA's actual knowledge without any investigation, YMCA has the
power and authority to enter into this Agreement and to accept the grants
to the YMCA set forth herein.
(b) YMCA has not granted or purported to grant any third party any rights
inconsistent with this Agreement or with the Rights and license granted to
the YMCA hereunder.
(c) YMCA has not entered in any agreement with any third party that would
conflict with this Agreement or prevent YMCA's performance of this
Agreement in accordance with its terms.
(d) YMCA has the authority to enter into this Agreement, and YMCA has
taken all necessary action lawfully to delegate that authority to YMCA's
signatory hereto.
28. Waiver of Attorneys' Fees. BY EXECUTING THIS AGREEMENT, THE
YMCA AGREES TO WAIVE AND HEREBY WAIVES ANY CLAIM IT HAS
OR MAY HAVE AGAINST SCHERTZ REGARDING THE AWARD OF
ATTORNEYS' FEES WHICH ARE IN ANY WAY RELATED TO THE
YMCA'S BREACH OF THIS AGREEMENT.
29. No Waiver of Sovereign Immunity. By executing this Agreement, Schertz is
not waiving its right of sovereign immunity except, and only to the extent
50855852.3 13
4834 - 1388 - 6510.2
permitted by law, with respect to actions by the YMCA to enforce the YMCA's
Rights under this Agreement.
30. Third -Party Beneficiary. Except as described in Sections 22 and 23, this
Agreement does not create any third -party beneficiaries. Except as described in
Sections 22 and 23, there are no third -party beneficiaries to this Agreement.
Except as described in Sections 22 and 23, no person or entity who is not a party
to this Agreement will have any third parry beneficiary or other rights hereunder.
31. Termination. In the event either party defaults under this Agreement (and such
default remains uncured as set forth below), the non - defaulting party may
terminate this Agreement; provided that the non - defaulting party must first give
the other party notice of any alleged event of default, and the opportunity for
thirty (30) days after such notice (or such longer period the parties agree is
reasonably necessary, but in no case longer than ninety (90) days) to cure such
default. If the default is not cured in such thirty (30) day period (or agreed longer
period), the non - defaulting party may thereafter declare, by written notice to the
defaulting party, this Agreement terminated and of no further force or effect. The
parties to this Agreement understand and agree that it is in each party's sole
discretion whether or not to terminate this Agreement in accordance with the
foregoing provision without penalty to the terminating party. Upon any
termination, all equipment, furniture, fixtures, and supplies purchased, provided,
owned, or brought into the Aquatic Facility by the YMCA will remain the
property of the YMCA, and will be removed from the Aquatic Facility within
thirty (30) days after the termination hereof. If such items are not removed within
such timeframe, then such items shall become the property of Schertz and Schertz
may keep or dispose of such items as it sees fit in its sole discretion, and any costs
associated therewith shall be the responsibility of the YMCA. Upon termination,
all equipment, furniture, fixtures, and supplies purchased, provided, owned, or
brought into the Aquatic Facility by Schertz will remain the property of Schertz.
In the event Schertz terminates the Agreement as a result of a uncured default on
the part of the YMCA, the YMCA will continue to pay to Schertz the annual
YMCA Payment in the amount of One Hundred Thousand and No /100 Dollars
($100,000.00), payable in equal monthly installments by the tenth (10th) day of
each month for the original term of this Agreement, which amount Schertz shall
use to pay the debt service on the Bonds. The provisions of Sections 22 and 23
shall survive termination of this Agreement. Schertz may terminate this
Agreement in its entirety without penalty if the Bonds are not approved and/or
issued as described above or within six (6) months of issuing the Bonds.
32. Notice of Alleged Breach; Statutory Prerequisites. Before the YMCA may file
suit for alleged damages incurred by an alleged breach of an express or implied
provision of this Agreement, the YMCA or its legal representative, will give the
Schertz City Manager notice in writing of such damages, duly verified, within
ninety (90) days after the same has been sustained. The notice will include when,
where, and how the damages occurred, the apparent extent thereof, the amount of
damages sustained, the amount for which the YMCA will settle, the physical and
50855852.3 14
4834 -1388- 6510.2
mailing addresses of the YMCA at the time and date the claim was presented, the
physical and mailing addresses of the YMCA for the six (6) months immediately
preceding the occurrence of such damages, and the names and addresses of the
witnesses upon whom the YMCA relies to establish its claim. Failure by the
YMCA to so notify the Schertz City Manager within the time, in the manner, and
to the extent herein provided will exonerate, excuse, and except Schertz from any
liability whatsoever. Schertz reserves the right to request additional information
regarding the YMCA claim. Said additional information will be supplied to
Schertz within thirty (30) days after the YMCA's receipt of such request.
The statutory prerequisites outlined herein constitute jurisdictional requirements
pursuant to Section 271.154 of the Texas Local Government Code and Section.
311.034 of the Texas Government Code. Notwithstanding any other provision,
the YMCA's failure to comply with the requirements herein will perpetually bar
the YMCA's claim for damages under Chapter 271 of the Texas Local
Government Code, and Section 311.034 of the Texas Government Code,
regardless of whether Schertz has actual or constructive notice or knowledge of
said claim or alleged damages.
33. Attorneys' Fees. If it shall become necessary for either party to bring or
commence any legal action or proceeding to enforce this Agreement, including an
action seeking specific performance, the prevailing party in such action shall be
entitled to the recovery of all costs and expenses of litigation, including, without
limitation, reasonable attorneys' fees, court costs, and costs of appeal.
34. Notice. Any notice or demand made regarding this Agreement will be made in
writing and delivered either in person or by certified or registered mail. Except as
otherwise specifically provided herein, notice by mail will be complete upon
deposit of the paper, postage prepaid, in a post office or official depository under
the care and custody of the United States Postal Service addressed as follows:
If to Schertz: City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Attention: City Manager
with copies to: City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Attention: Director of Parks, Recreation and
Community Services
City Attorney
c/o Denton Navarro Rocha Bernal Hyde & Zech, P.C.
2517 North Main Street
San Antonio, Texas 78212
Attention: Charles E. Zech
50855852.3 15
4834 - 1388 - 6510.2
If to the YMCA: YMCA of Greater San Antonio
3233 North St. Mary's
San Antonio, Texas 7821.2
Attention: Ross Magsig
with copies to: Dykema Cox Smith
112 E. Pecan, Suite 1800
San Antonio, Texas 78205
Attention: Kerry T. Benedict
The parties hereto may change the above designated addresses and notice parties
by giving notice pursuant to the terms of this Section 34.
35. Severability. In case any one or more of the provisions contained in this
Agreement is for any reason held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability will not affect any other
provision hereof, and this Agreement will be considered as if such invalid, illegal,
or unenforceable provision had never been contained in this Agreement.
36. Governing Law and Venue. This Agreement will be governed by the laws of
the State of Texas. All performance and payment made pursuant to this
Agreement will be deemed to have occurred in Guadalupe County, Texas.
Exclusive venue for any claims, suits, or any other action arising from or
connected in any way to this Agreement or the performance of this Agreement is
agreed to be in Guadalupe County, Texas. The obligations and undertakings of
each of the parties to this Agreement will be deemed to have occurred in
Guadalupe County, Texas.
37. Non - Solicitation of YMCA Employees. Upon the expiration or termination of
this Agreement, regardless of the cause of such termination, Schertz will not
solicit for employment, and /or employ, any then active employee of the YMCA
for any reason for a period of one (1) year after the date of termination and/or
expiration hereof, without the prior written consent of the YMCA.
38. Amendments. This Agreement may not be modified except in writing signed by
Schertz and the YMCA.
39. Headings. The headings of the various sections and paragraphs in this
Agreement are used for convenience only and shall not modify, define, limit, or
expand the express provisions of this Agreement.
40. Counterparts. This Agreement may be signed in multiple counterparts, each of
which shall be deemed an original and all of which when taken together shall
constitute one instrument.
41. Entire Agreement. This Agreement contains the entire agreement among the
parties and supersedes all prior agreements and understandings, both written and
oral, between the parties relating to the subject matter hereof.
50855852.3 16
4834 - 1388 - 6510.2
42. Non-Binding Third Party Agreements. This Agreement is only subject to the
current provisions of the Aquatic Facility Interlocal Agreement as attached hereto
as Exhibit G, and not as to any future amendments or supplements thereto, and
shall not be subject to, or conditioned on, any other agreement the City may now
have, or in the future may have, have with any third party.
43. Exhibits and Recitals. The exhibits and recitals are incorporated herein fully as
matters of contract and not mere exhibits and recitals. The following exhibits are
attached hereto:
Exhibit A —
Real Property Description
Exhibit A -1 —
Installed Items; Maintenance and Repair Responsibilities
Exhibit B —
Employee Job Descriptions
Exhibit C —
Initial Membership Rates
Exhibit D —
Samples of Existing Signage
Exhibit E —
Advisory Board Member Job Descriptions
Exhibit F —
Form of Sublicense Agreement and Related Documentation
Exhibit G —
Aquatic Facility Interlocal Agreement
Exhibit H —
Acknowledgement of Aquatic Facility Completion Date
Exhibit I —
Additional Installed Items
[Signatures on the following page I
50855852.3 17
4834-1388-6510.2
SIGNATURE PAGE TO
SCHERTZ ENCLOSED COMMUNITY SWIMMING POOL AND AQUATIC FACILITY
OF COMPETITION QUALITY AND INDOOR RECREATION POOL
LICENSE AGREEMENT
IN WITNESS HEREOF, the parties hereto have executed this Agreement to be effective as of
the Effective Date.
CITY OF SCHERTZ, TEXAS,
a Texas home rule city
John C. Kessel,
City Manager
50855852.3 18
4834 - 1388 - 6510.2
YOUNG MEN'S CHRISTIAN
ASSOCIATION OF
GREATER SAN ANTONIO,
a Texas non - profit corporation
By:
Name:
President and CEO
EXHIBIT A
(Real Property Description)
See attached
50855852.3 A -1
4834 -1388- 6510.2
I
M-M SChW%'rQ%"
City of Val Schertz
New Recreation Center
50855852.3 A -2
4834 -]388- 65]0.2
�Y87a �
EXHIBIT A -1
Installed Items; Maintenance and Repair Responsibilities
L YMCA Installed Items -YMCA to Provide
1. All equipment, furniture, and supplies required by the YMCA for its operation of
the Aquatic Facility.
II. Maintenance and Repair Responsibilities of the YMCA'
1. Removal of litter, trash and waste.
2. All of YMCA's information technology systems
3. Re- painting of the interior walls, as required by the YMCA.
4. Re- carpeting as required by the YMCA.
5. Normal and routine maintenance and repair of the HVAC systems serving the
Facility.
6. Signage installed by the YMCA.
7. All components of the interior of the Entire Facility which are (i) not covered by
any warranty applicable to the construction of the Facility, or any component
thereof, and (ii) not otherwise specifically allocated to Schertz as set forth below.
8. Repairs described in Part III below resulting from damage solely caused by the
YMCA, its personnel, or members.
9. Routine maintenance and cleaning of the Aquatic Facility.
10. Maintain proper PH and chlorine levels of the Aquatic Facility.
11. Vacuum Aquatic Facility and hose down deck.
III. Maintenance and Repair Responsibilities of Schertz2
1. The exterior of the Aquatic Facility, real property grounds, and parking lot, and
all related components.
2. The foundation, exterior walls, interior walls (excluding routine re- painting as
allocated to the YMCA above), structural walls, floors (excluding routine re-
carpeting as allocated to the YMCA above), ceilings (both structural and drop)
and other structural components of the Aquatic Facility, roof, exterior doors,
exterior door hardware, fixtures, exterior plate glass windows, and water, sewer,
electrical, gas, telephone and cable facilities installed as part of the Aquatic
Facility, including, but not limited to those inside the foundation, inside of any
wall, on the roof, or otherwise outside of the interior of the Aquatic Facility, or on
any other portion of the real property.
3. Damage to any part of the Aquatic Facility due to any water leaks.
4. Damage to any part of the Aquatic Facility due to any structural defect.
5. Mold, mildew or other environmental issues pertaining to water intrusion or leaks.
6. All capital repairs to the Aquatic Facility(interior or exterior).
' Repairs described in this Part II resulting from damage by Schertz or its employees or the failure of Schertz to
undertake its obligations under Part III shall be the responsibility of Schertz.
2 Repairs described in this Part III resulting from damage by the YMCA, its personnel, or members (other than
routine wear and tear) or failure of the YMCA to undertake its obligations under Part 11 shall be the responsibility of
the YMCA.
50855852.3 A -1 -1
4834 -1388- 6510.2
7. Replacement of the HVAC systems, and related components, for the Aquatic
Facility.
8. Signage installed by Schertz.
9. Exterior landscaping and all watering and irrigation components (including
replacement of damaged landscaping and pruning of trees).
10. The parking lot, curbs, driveways, sidewalks, and exterior lighting facilities
(including striping of the parking lot).
11. Drainage channels, rights of way and other easements on the real property.
1.2. Any security equipment or facilities installed by Schertz.
13. All items still covered under any original warranty applicable as part of the
construction of the Aquatic Facility by Schertz.
50855852.3 A -1 -2
4834 -1388- 6510.2
EXHIBIT B
Employee Job Descriptions
See Attached.
50855852.3 B -1
4834 -]388- 65]0.2
«. Description
Position ! 6qWati
Department., !
Supervisor. x cut- DlrectQf • a !
General Function:
Under the supervision of the Executive Director, this position 1s responsible for planning and
organizing all aquatic activities and programs, fairing and training new staff, training staff in
CPR, First Aid, and AED; fiscal management; and member satisfaction.
Entry Requirements:
Must be 21 years of age and have one to three years of recreation, pool management,
lifeguard, swim Instructor, or water park experience and/or equivalent combination of
education, training and experience. Experience supervising staff and developing pool and
class schedules required,
Strong people skills, organizational skills and attention to detail required. Strong personal
commitment to creating a safe aquatic environment Is necessary.
Professional Rescuer, 1 ! Oxygen Administration H Swim Instructor
certification preferred, A Texas Driver's license is required as well as driving to various
locations within the city.
50855852.3 B -2
5399994.2
Signature Date
Supervisor's Signature Date
50855852.3 B -3
5399994.2
Job Description
Title t Aq u at! cs CoaftRaW Branch: Ally
Incumbent: Department! A-quatics
Supervisor.- Aquatics Directo Revised Date )one 13, 2012
General Function:
The Aquatics Coordinator will assist the Health and Wellness Director with the overall
planning, development, management and supervision of all aquatics programs of the
branch.
* Assists In the development and distribution of all program promotional pieces.
* Other duties as assigned by supervisor.
50855852.3 B-4
5399994.2
By signing below, employee confirms receipt of this job description.
Supervisor's Signature Hate
Employee's Signature Date
50855852.3 B -5
5399994.2
i Description
Title: Llfgquacd
Incumbent.
Supervisor: Aouatilcs Olrector
Branch: Any
Department: Aquatics
Bate: MaLch_11,20A
General Function:
The lifeguard Is responsible for direct supervision, control, and safety of participants during
classes, recreational, and fitness swimming. Lifeguards are also responsible for pool
maintenance and monitoring chemical readings in the pool.
Entry Requirements,
lip
+'
r
Work performed +. environment, t i the
pool in bright sunlight i i# i^ 4i i t i
alertness 'n nut job. Job requires high levels of concentration. ...r_ ie . and
bending with lifting of light to medium Is required, Ability to sit attentively for long periods
of time are required, as Well as the ability to swim and hold breath under water when
50855852.3 B -6
5399994.2
By signing below, employee confirms receipt of this job description.
Employee's Signature bate
Supervisor's Signature Hate
50855852.3 B -%
5399994.2
ob Description
Title- Swim LassgUnaWti-dor Branch:
► ■. Aquatl
General Function:
Provides direct teaching leadership by practicing water safety and aquatics Instruction In
accordance with YMCA aquatics guidelines.,
Entry Requirements:
Incumbent must be YMCA lifeguard certified and at least 16 years old, CPR, First Aid, AEO,
02, and BBP certification are required and they must be current. Incumbent must have
excellent communication and coaching skills.
Requirements:
■ r V. ■ ■ +
job. Job requires high levels of alertness and concentration. Repetitive stooping and
bending with lifting of light to medium Is required, Ability to sit attentively for long periods
of time are required, as well as the ability to swim and hold breath under water when
50855852.3 B -8
5399994.2
Employee's Signature to Date
Supervisor's Signature. Date
50855852.3 B -9
5399994.2
Job Description
Title; Swim Tearn Coach aranch-
Incumbent: Department. Aquatics
Supervisor' Agliatics Dicector- Date- MAy-t f
General Function;
The swim team coach oversees the activities, practices, and competitions of the swim team.
Entry RequlrerrI
Bachelor's degree in a related field strongly preferred. Three to five years experience and
certification as a ASCA level I swim coach, CPR, First Aid, AED, 02, and B certification are
required and they must be current, Incumbent must have good communication skills.
Physical/Mental Requirements:
Work is performed in an aquatics environment, Visual acuity Is necessary, to keep track of
everyone in the pool. Ability to respond property to medical emergency Is necessary,
Incumbent must be able to hear and think clearly in order to perform job. )ob requires high
levels of alertness and concentration, Repetitive stooping and bending with lifting of light to
medium Is required.
I III I I I I 111111 11MIR, III ,
': 1 LIM IT
Employee's Signature Date
Supervisor's-, Signature Date
50855852.3 B-10
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EXHIBIT C
Initial Membership Rates
See Attached.
50855852.3 C -1
4834 -]388- 65]0.2
EXHIBIT C
Schertz Family YMCA Membership Rates
As of March 1, 2016
Family I — Households with two adults OR one adult plus any dependent children*
Citywide $85 Schertz Residents $78
Family H — Households with two adults plus any dependent children*
Citywide $98 Schertz Residents $91
Adult — One adult age 18 — 61
Citywide $57 Schertz Residents $50
Student — Students age 13 —18 or students through age 25 with proof of current full-time
student status
Citywide $46 Schertz Residents $39
Senior — One adult age 62+
Citywide $55 Schertz Residents $35
$49 Joining Fee
*Children must be under the age of 18. Dependent children through age 25 also qualify
with proof of full -time student status and must live at parent's address.
Schertz Residents will receive a 15% discount off of youth swim lessons.
Day Passes for the Aquatic Facility
As of March 1, 2016
Schertz Resident Day Passes
$6 Individual
$15 Family
Non - Resident Day Passes
$10 Individual
$20 Family
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EXHIBIT D
Samples of Existing Signage
See Attached.
50855 x52.3 D -1
5399994.2
r
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: th
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FOR dOUM 61"J`r€.PaPs,iRIf
FibR rMA BY UVRN6
r=rif' .if.} €,r, t!= R ci.ti'DAfS9 C§ 18.95 "`f
Imel WTT i •
following duties,
N
YMCA Miss otir TO pttt Judeo- Christian principles Into practice through prograt555 that build healthy spirit, mind and body for all,
50855852.3 E -1
4834 - 1388 - 6510.2
Advisory 4 Chair and are expected to fulfill the following specific
responst
1. Regular ! board meetings-, 80% attendance
a, Review agenda Items In advance of scheduled meetings
b Ask discerning questions, constructively participate In
deliberations, vote according to convictions and In the best
Interest of
Actively participate on of Branch Board Committee
Become a. -! In an area where personal/professional
background and interests would be of value
3. Drive success toward Branch fundralsing goals through participation
the Annual i s g
a, Make a personal monetary gift to the campaign
b. Commit to a "Give or 1i1
4, Participate In the Board Development process
a. Identify and help recruit Influential community leaders to
participate on the Branch Advisory Board
i
50855852.3 E -2
4834 - 1388 - 6510.2
EXHIBIT F
Form of Sublicense Agreement
and Related Documentation
See attached.
50855852.3 F -1
4834 -1388- 6510.2
C4 -(I IM3903-INTH:1 M it% A"`I1/ 161A, N 6i 9 WIN 9 117M4 DII'M 0 Of 7
Preferred room(s):
Organization:
Proposed use of the reserved space:
Date(s) of proposed use:
Estimated attendance:
Contact Person.
Name:
Address:
City, State, Zip Code:
Email:
Telephone: Alternate Telephone:
Time of use (set -up and clean -up time must be included in the time of use): From To
Event official starting and ending times: From To
Attachment 1 — City of Schertz/YMCA Facility Sublicense Agreement
Attachment 2 — Decoration Restrictions and Clean -up Requirements
50855852.3 F -2
4834 -1388- 6510.2
Attachment I
This City of Schertz /YMCA Facility Sublicense Agreement (this "Agreement ") is between the
Young Men's Christian Association of Greater San Antonio (the "YMCA "), acting with authority of the
City of Schertz, Texas, a Texas home rule city and a municipal corporation of the State of Texas (the
"City "), and (the "User ").
FACILITY AND EVENT:
The YMCA agrees to furnish the User with the following described space located in the City of
Schertz YMCA Recreation Center:
to be used for the purpose of
and for no other purpose without the written consent of the YMCA for a term commencing:
(Time) (Month) (Day) (Year)
And terminating:
(Time) (Month) (Day) (Year)
The User agrees to pay $ to the YMCA for use of said space and premises, which
includes a $ security deposit. The User further agrees to pay the YMCA on demand any and
all sums which may be due to the YMCA for additional services, accommodations, materials, or
damages.
2. GENERAL TERMS AND CONDITIONS:
This Agreement is made and entered into upon the following express covenants and conditions,
all and every one of which the User hereby covenants and agrees to keep and perform. This Agreement
is a sublicense agreement, not a lease. The User acknowledges that this Agreement creates no real .
property interest in favor of the User. The City shall be a third -party beneficiary of this Agreement.
In case the facility, or any part thereof, shall be destroyed or damaged by fire or by any other
cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of this Agreement by
the YMCA impossible, neither the YMCA nor the City shall be liable or responsible to the User for any
damage or consequential damage caused thereby, provided that the User shall be refunded the unused
portion of payments made.
50855852.3 F -3
4834 -1388- 6510.2
4. CONTROL OF FACILITY:
In allowing the User to use the facility, the YMCA does not relinquish the right to control the
management thereof and to enforce all necessary and proper rules for the management and operation of
the same; and the employees of the YMCA and the City may enter the same, and all the premises, at any
time and on any occasion.
REMOVAL OF MATERIALS:
All materials and installations placed in the facility by the User shall be removed from the
facility by the end of the contracted time. In the event that this is not done, time will be marked as if the
facility continues in use by the User until the facility is vacated, and the User will be responsible for
continued rental charges.
In the event that the facility is not vacated by the User on the above stated date at the end of the
term for which the facility is reserved, the YMCA is hereby authorized to remove from the facility and
to store at the expense of the User, all goods, wares, merchandise, and property of any and all kinds and
description which may be then occupying the portion of the facility on which the term of this Agreement
has expired; and neither the YMCA nor the City shall be liable for any damage or loss to such goods,
wares, merchandise, or other property which may be sustained, either by reason of such removal or the
place to which it may be removed, and THE USER AND ANY OTHER PERSON HAVING AN INTEREST IN
SUCH PROPERTY HEREBY EXPRESSLY RELEASE THE YMCA AND THE CITY FROM ANY AND ALL CLAIMS
FOR DAMAGES OF WHATEVER KIND OR NATURE.
6. EXTRA HELP:
In case it is necessary to employ outside assistance in the handling of the property of the User,
such employment shall be at the expense of the User.
The User agrees that every contractor, employee, or agent connected with the purpose for which
the facility is made available to the User shall abide by, conform to, and comply with all of the
applicable laws of the United States and the State of Texas, and all the applicable ordinances of the City,
together with all rules and requirements of the Police and Fire Departments of the City, and will not do,
nor permit to be done, anything on such premises, during the term of this Agreement, in violation of any
such rules, laws, or ordinances, and if the attention of the User is called to such violation, the User will
immediately desist from and correct such violations.
SEATING CAPACITY:
In no event shall tickets be sold or dispensed in excess of the seating capacity of the facility, as
determined by the City's Fire Chief.
9. NO DEFACEMENT OF FACILITY OR BUILDING:
The User shall not injure or mar or in any manner deface the facility or the building in which it is
located, and shall not cause nor permit anything to be done whereby such premises shall be in any
manner injured, marred, or defaced, nor shall the User drive, or permit to driven, any nails, hooks, tacks,
or screws in any part of said building, nor shall the User make, or allow to be made, any alterations of
any kind therein. Also, the User shall be responsible to insure no objects shall be placed in the drains,
50855852.3 F -4
4834 -1388- 6510.2
restroom facilities, or any other part of the water or sewer system so that maintenance or repair to the
plumbing is required.
If the facility, or any portion of the building in which it is located, during the term of this
Agreement, shall be damaged by the act, default, or negligence of the User, or of the User's agents,
employees, patrons, guests, or any persons admitted to such premises by the User, the User will pay to
the City, upon demand, such sum as shall be necessary to restore such premises to their present
condition. The User hereby assumes full responsibility for the character, acts, and conduct of all persons
admitted to the premises, or to any portion of the facility or building with the consent of or invitation by
the User, or by or with the consent of the User or the User's employees or any person acting for or on
behalf of the User, and the YMCA reserves the right to require the User to have on hand at all times
sufficient security to maintain order and protect persons and property. In such case, the City's policies
regarding security in City facilities shall apply.
11. AISLES CLEAR:
The User will permit no chairs, movable seats, or other obstructions to be or remain in the
entrances, exits, or passageways of the facility or building and will keep same clear at all times.
1.2. NO OBSTRUCTIONS TO SIDEWALKS, ETC.:
No portion of the sidewalks, entries, passages, vestibules, halls, or ways of access to public
utilities of the facility or the building in which it is located shall be obstructed by the User or used for
any purpose other than for ingress and egress, to and from the premises. The doors, windows, skylights,
or other openings that reflect or admit light into any place in the building, including hallways, corridors,
and passageways, shall not be obstructed by the User.
1.3. TAXES:
The User shall pay all taxes, if any, on tickets or admissions to the premises during the term
hereof and any license fees and taxes lawfully levied against it during the term hereof.
14. INDEMNITY:
THE USER WILL PROVIDE THE DEFENSE FOR, INDEMNIFY AND HOLD THE CITY AND THE YMCA
HARMLESS FROM ALL COSTS FROM ANY AND ALL CLAIMS, SUITS, CAUSES OF ACTION, AND LIABILITY
FOR DAMAGES OR INJURIES TO ANY PERSON(S) OR DAMAGE TO PROPERTY OCCASIONED BY OR IN
CONNECTION WITH THE USER'S USE OF THE PREMISES AND /OR RESULTING FROM THE PRESENTATION
OF ANY COPYRIGHTED WORK OR MATERIAL OR VIOLATION OF ANY OTHER PROPRIETARY RIGHTS.
15. NO ALCOHOL:
Alcoholic beverages are not permitted in the facility at any time.
16. ATTORNEYS' FEES:
If the YMCA or the City is required to file suit to collect any amount owed it under this
Agreement for the User's use of the premises, the YMCA and the City shall be entitled to collect
reasonable attorneys' fees.
50855852.3 F -5
4834 -1388- 6510.2
17. NO DISCRIMINATIONS:
It is understood that the premises are owned by the City and that any discrimination by the User,
its agents, or employees, on account of race, sex, color, religion, or national origin in the use of or
admission to the premises is prohibited.
The YMCA shall have the sole right to collect and have custody of articles left in the facility or
building by persons attending any performance, exhibition, or entertainment given or held on the
premises.
19. CANCELLATION BY CITY:
Violation by the User of any covenant, agreement, or condition contained herein shall be cause
for termination hereof by the YMCA, in which case the User shall be entitled only to refund of the
unused portion of any payment made by it. In addition, the YMCA may likewise cancel this Agreement
if the User should, prior to the date of occupancy hereunder, violate any covenant, agreement, or
condition in any other agreement which the User might have for lease or license of any other City
facilities. The YMCA and/or the City reserve the right to cancel this Agreement at any time, e.g.
before, during, or after any emergency situation deemed by the YMCA or the City to exist. At such
time, notification will be made by telephone or most expedient method reasonably available. Neither the
YMCA nor the City shall be liable or responsible to the User for any damages or inconvenience caused
thereby, provided that the User shall be refunded the unused portion of payments made by it.
20. CANCELLATION BY USER:
All cancellations of contracted events must be submitted to the YMCA in writing. Deposits paid
upon rental reservation will be forfeited if an event is cancelled or if there is a change in the rental
date(s) less than (_) days prior to an event.
21. HEADINGS:
The paragraph headings contained herein are for convenience in reference and are not intended
to define, extend, or limit any provision in this Agreement.
22. ASSIGNMENTS:
The User shall not assign this Agreement, nor permit any use of the premises other than herein
specified, without the prior written consent of the City Manager.
141�016J%1141600=111 H1161
Neither the YMCA nor the City assumes any responsibility whatever for any property placed in
the facility or building, and both the YMCA and the City is hereby expressly released from
responsibility for any loss of or damage to the User's or any guest's personal property that may be
sustained by reason of the occupancy under this Agreement.
50855852.3 F -6
4834 -1388- 6510.2
24. FACILITY ACCESS /SETUP /CLEANUP TIME:
YMCA staff is scheduled based on the time needed to setup /cleanup for the User's event. If the
User's representative is not present at the contracted time to enter the facility, the person on duty will
wait thirty (30) minutes after which time he or she will leave. The User will need to call the employee
on duty to reschedule a time to enter the facility.
If cleanup extends beyond 1:00 a.m., a
security /cancellation deposit.
25. INSURANCE:
per hour fee will be deducted from the
If the User is a for - profit entity, such User shall obtain and maintain insurance in such types and
amounts as may be required by the City in the City's sole discretion, and such User shall provide the
City with certificates evidencing such required insurance coverage.
IN WITNESS WHEREOF, we have affixed our signatures, this day of ,
201
USER:
Signature:
THE YOUNG MEN'S CHRISTIAN
ASSOCIATION OF GREATER SAN ANTONIO:
President and CEO
Printed Name:
Name and address for security /cancellation deposit refund (if applicable):
Name:
Address:
City, State, Zip Code:
50855852.3 F -7
4834 -1388- 6510.2
Attachment 2
Decoration Restrictions and Clean -up Requirements
** *The Damage Deposit Will Not be Refunded if the Decoration Restrictions
and Clean -up Requirements are Violated * **
Decoration restrictions
Nails, thumb tacks, and push pins will not be permitted to be driven into or applied to the walls,
floors, partitions, or any other portion of the facility.
Tape (masking, scotch, painters, or duct) will not be permitted to be used or applied to walls,
floors, partitions, ceiling, or any other portion of the building unless approved in advance by the
YMCA.
Glitter, rice, birdseed, confetti, grains, etc. inside the facility is strictly prohibited.
Clean -up requirements
The User will be responsible for the following:
Litter: All paper, cups, plates, foil, and decorations, etc. must be picked up and placed in
a trash receptacle.
2. Tables and Chairs: Must be cleaned of litter and wiped off to rid them of spilled drinks
and foodstuff. The User will not be required to dismantle or fold tables and chairs.
3. Restrooms: All personal items, paper products, etc. must be picked up and placed in a
trash receptacle.
The User will be required to remove all personal effects and decorations from the facility.
The person named below will be responsible on behalf of the User to see that the facility
is clean and to check for damages. The security /cancellation /damage deposit refund will be
mailed to the person who signed the City of Schertz/YMCA Facility Sublicense Agreement.
Printed Name:
Address:
City, State:
Phone Number:
Signature of the User's Representative:
50855852.3 F -8
4834 - 1388 - 6510.2
IPMMII
J
Aquatic Facility Interlocal Agreement
See Attached.
natatorium interlocal tds.vl.101615 G -1
4834 -1388- 6510.2
INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND
THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT
REGARDING THE CONSTRUCTION AND USE OF A NATATORIUM
This Interlocal. Agreement Between the City of Schertz, Texas and the Schertz- Cibolo-
Universal City Independent School District regarding the construction and use of a Natatorium
(the "Agreement ") is entered into between the City of Schertz, Texas, a Texas municipal.
corporation (the "City"), and the Schertz-Cibolo- Universal City Independent School District,
a political subdivision of the State of Texas (the "District "), acting by and through its Board of
Trustees pursuant to authority granted under the Interlocal Cooperation Act, Chapter 791, Texas
Government Code, as the same may be amended from time to time, to be effective as of the date
on which the last Party signs this Agreement (the "Effective Date "). The City and the District
are collectively referred to herein as the "Parties" and are each a "Party ".
WITNESSETH:
WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal
Cooperation Contracts, authorizes contracts between political subdivisions for the performance
of governmental functions and services;
WHEREAS, the City desires to construct a natatorium (Natatorium) for the use by
citizens of the City, which Natatorium will be funded in part from the proceeds of bonds
previously authorized by the citizens of the City; and
WHEREAS, the District desires to have access to the Natatorium for use by the District
swim teams; and
WHEREAS, in order for the Natatorium to be suitable for use by District Swim teams it
will have to include a competition pool, seating, locker rooms, a scoreboard, etc. ; and
WHEREAS, the District desires to contribute $1,650,000.00 to the City for use by the
District swim teams and certain exclusive rights of use by the District; and
WHEREAS, the Parties have determined that it is in the best interest of the residents of
both the City and the residents residing in areas served by the District to enter this Agreement;
and
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the sufficiency of which are acknowledged, and subject to the terms and conditions
hereinafter set forth, the Parties agree as follows:
natatorium interlocal tds.v1.101615 G -2
4834 -1388- 6510.2
I. Construction of the Natatorium by the City
1.1 The City shall have sole responsibility for the design, construction, operation and
maintenance of the Natatorium. The design, construction, operation and maintenance shall
accommodate the needs of the District for its swim teams.
1.2 To ensure the Natatorium meets the needs to the District it must include: seating for 300
spectators, locker facilities with 60 men's and 60 women's lockers, starting blocks, electronic
timing system, scoreboard, and comply with the minimum requirements of the USA Swimming
2014 Rulebook, article 103 Facilities Standards.
II. Payments from District to City
2.1 District shall contribute $1,650,000.00 to the City. Payments will be made monthly
following the commencement of construction based on the estimated percentage of project
completion, based on cost. Payments shall be made within approximately 30 days of receipt of a
pay application letter from the City.
III. Use of the Natatorium by the District
3.1 The City agrees to allow the District exclusive use of the Natatorium or portions thereof,
for fifteen (15) years, under the general terms and conditions set forth in the attached Preliminary
Facility Use Agreement, which is hereby incorporated as part of this Agreement. Upon
completion of the project the District will work with the City to provide parking for large events
at the Natatorium by utilizing available parking on District property, the terms for which will be
included in the final Facility Use Agreement.
IV. Binding Effect; Benefiting Parties
4.1 This Agreement shall bind and benefit the respective Parties and their legal successors,
but shall not otherwise be assignable, in whole or in part, by either Party without first obtaining
the written consent of the other Party.
4.2 This Agreement inures to the benefit of and obligates only the Parties. No term or
provision of this Agreement shall benefit or obligate any person or entity not a Party to the
Agreement. The Parties shall cooperate fully in opposing any attempt by any third person or
entity to claim any benefit, protection, release, or other consideration under this Agreement.
V. Governmental Functions; Liability; No Waiver of Immunity or Defenses
5.1 Notwithstanding any provision to the contrary herein, this Agreement is a contract for
and with respect to the performance of governmental functions by governmental entities.
natatorium interlocal tds.v1.101615 G -3
4834 -1388- 6510.2
5. 1.1 The services provided for herein are governmental functions, and the City and the
District shall be engaged in the conduct of a governmental function while providing
and /or performing any service pursuant to this Agreement.
5.1.2 The relationship of the District and the City shall, with respect to that part of any
service or function undertaken as a result of or pursuant to this Agreement, be that of
independent contractors.
5.1.3 Nothing contained herein shall be deemed or construed by the Parties, or by any
third party, as creating the relationship of principal and agent, partners, joint ventures, or
any other similar such relationship between the Parties.
5.2 The District shall have no liability whatsoever for the actions of, or failure to act by, any
employees, contractors, subcontractors, agents, representatives, or assigns of the City in
connection with the construction, operation and maintenance of the Natatorium, except as stated
in 5.3 below. The City covenants and agrees, to the extent permitted by law, that the City shall
be solely responsible, as between the District and the City, for and with respect to any claim or
cause of action arising out of or with respect to any act, omission, or failure to act by the City or
its respective employees, contractors, subcontractors, agents, representatives, or assigns, in
connection with the construction, operation and maintenance of the Natatorium, except as stated
in 5.3 below.
5.3 The City shall have no liability whatsoever for the actions of, or failure to act by, any
employees, contractors, subcontractors, agents, representatives, or assigns of the District in
connection with the operation of the Natatorium or parts thereof, during use by, the District, its
employees, contractors, subcontractors, agents, representatives, or assigns. The District
covenants and agrees, to the extent permitted by law, that the District shall be solely responsible,
as between the District and the City, for and with respect to any claim or cause of action arising
out of or with respect to any act, omission, or failure to act by the District or its respective
employees, contractors, subcontractors, agents, representatives, or assigns, in connection with its
use of the Natatorium.
5.3 Each Party reserves and does not waive any defense available to it at law or in equity as
to any claim or cause of action whatsoever that may arise or result from or in connection with
this Agreement. This Agreement shall not be interpreted nor construed to give to any third party
the right to any claim or cause of action, and neither the City nor the District shall be held legally
liable for any claim or cause of action arising pursuant to or in connection with this Agreement
except as specifically provided herein or by law.
5.4 Neither Party waives or relinquishes any immunity or defense on behalf of itself, its
trustees, councilmembers, officers, employees, and agents as a result of the execution of this
Agreement and the performance of the covenants and agreements contained herein.
VI. Notices
6.1 All correspondence and communications concerning this Agreement shall be directed to:
natatorium interlocal tds.v1.101615 G -4
4834 -]388- 65]0.2
SCHERTZ: City of Schertz
1400 Schertz Parkway
Schertz, Texas 781.54
Attention: City Manager
With a copy to:
Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C.
2517 N. Main Avenue
San Antonio, Texas 78212
Attention: Charles E. Zech
DISTRICT: Schertz- Cibolo- Universal City Independent School District
1060 Elbel Road
Schertz, Texas 78154 -209
Attn: Superintendent of Schools
With a copy to: Walsh, Anderson, Gallegos, Green & Trevino, P.C.
100 N. E. Loop 410, Suite 900
San Antonio, Texas 7821.6
Attn: George E. Grimes, Jr.
Notices required hereunder shall be hand - delivered or sent by prepaid certified mail, return
receipt requested.
VII. Severability
7.1 If any provision of this Agreement shall be deemed void or invalid, such provision shall
be severed from the remainder of this Agreement, which shall remain in force and effect to the
extent that it does not destroy the benefit of the bargain.
VIII. Entire Agreement
8.1 This Agreement is the entire agreement between the City and the District as to the subject
matter hereof and supersedes any prior understanding or written or oral agreement relative to the
subject matter hereof. This Agreement may be amended only by written instrument duly
approved and executed by both Parties in accordance with the formalities of this Agreement.
IX. Governing Law; Venue
9.1 All Parties agree that this Agreement shall be construed under the laws of the State of
Texas, and obligations under the Agreement shall be performed in Guadalupe County, Texas. In
the event that any legal proceeding is brought to enforce this Agreement or any provision hereof,
the same shall be brought in the State District Court of Guadalupe County, Texas. The Parties
agree to submit to the jurisdiction of said court.
[ Signatures and acknowledgements on the following pages J
natatorium interlocal tds.v1.101615 G -5
4834 -]388- 65]0.2
SIGNATURE PAGE TO
INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND
THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT
REGARDING THE CONSTRUCTION AND USE OF A NATATORIUM
The Parties hereto have executed this Agreement as of the dates set forth below to be effective as
of the Effective Date.
1411 1► eawle:iof 71toIJ►:I_[Cl
itz
John C. Kessel,
City Manager
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the day of ,
201, by John C. Kessel, the City Manager of the City of Schertz, Texas, a Texas municipal
corporation, on behalf of said City.
[ Seal ]
Notary Public in and for the State of Texas
50855852.3 G -6
4834 - 1388 - 6510.2
SIGNATURE PAGE TO
INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND
THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT
REGARDING THE CONSTRUCTION AND USE OF A NATATORIUM
SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT
C
Greg Gibson,
Superintendent of Schools
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the day of ,
201, by Greg Gibson, the Superintendent of Schools of the Schertz- Cibolo- Universal City
Independent School District, a political subdivision of the State of Texas, on behalf of said
entity.
[ Seal ]
Notary Public in and for the State of Texas
50855852.3 G -7
4834 - 1388 - 6510.2
EXHIBIT A TO INTERLOCAL AGREEMENT
FACILITY USE AGREEMENT
[See attached]
50855852.3 G -8
4834 -1388- 6510.2
Preliminary Facility Use Agreement
Schertz - Cibolo - Universal City I.S.D. (the "District ") shall have use of 6 lanes of the competition
pool and exclusive use of the locker facilities in the Natatorium from 5:30 am to 9:30 am,
Monday through Friday beginning the first instruction day and ending the last instruction day the
school year.
The District shall have exclusive use of the Natatorium, exclusive of the community pool for
approximately two (2) to (4) swim meets during the school year. The District shall coordinate the
dates and times of those meets by August leach year.
With prior written or email approval from the District, the YMCA may utilize the competition
pool and lockers for other purposes when not in use by the District during normal practice times
(holidays, etc.)
Lifeguards as necessary will be provided by the City through facility operator (at this time the
YMCA) during the above practice times and swim meets at no charge to the District.
The City through the facility operator (at this time the YMCA) shall ensure the facility is
available, in order, and all needed equipment is in place for District practices (Lane barriers, pool
temperature, lighting, access, etc.)
The District shall have the use of the facility as outlined above for 15 years beginning from when
the District begins use of the facility.
The agreement may be reviewed on a yearly basis prior to August 1 of each year.
50855852.3 G -9
4834 - 1388 - 6510.2
EXHIBIT H
Acknowledgement of Aquatic Facility Completion Date
The parties confirm that the Aquatic Facility Completion Date is ,
and that the end of the initial term of this Agreement is
CITY OF SCHERTZ, TEXAS,
a Texas home rule city
C
John C. Kessel,
City Manager
50855852.3 H -1
4834 - 1388 - 6510.2
YOUNG MEN'S CHRISTIAN
ASSOCIATION OF
GREATER SAN ANTONIO,
a Texas non - profit corporation
By:
Name:
President and CEO
EXHIBIT I
Additional Installed Items
To Be Attached.
50855852.3 I- I
4834 -]388- 65]0.2
AMENDED AND RESTATED SCHERTZ RECREATION CENTER
LICENSE AGREEMENT AND
OUTDOOR POOLS MANAGEMENT AGREEMENT
THIS AMENDED AND RESTATED SCHERTZ RECREATION CENTER LICENSE
AGREEMENT AND OUTDOOR POOLS MANAGEMENT AGREEMENT (this
" Agreement") dated to be effective as of the day of , 2016 (the
"Effective Date ") is between the City of Schertz, Texas, a Texas home rule city ( "Schertz" or
the "City "), and the Young Men's Christian Association of Greater San Antonio, a Texas non-
profit corporation (the "YMCA ").
WITNESSETH:
WHEREAS, Schertz is the owner of a Schertz public recreation facility, including splash pad,
on the real property described on the attached Exhibit A ( "Real Property "), with a street
address of 621 Westchester :Drive, Schertz, Texas, upon which has been constructed a recreation
center, including splash pad, currently operated by the YMCA known as the Schertz Recreation
Center (the "Recreation Center ").
WHEREAS, Schertz and the YMCA previously entered into that certain Schertz Recreation
Center License Agreement dated as of April 28, 2009 (the "Original Facility License
Agreement "), pursuant to which Schertz and the YMCA set forth certain terms by which the
YMCA manages the Recreation Center for Schertz, which Original Facility License Agreement
was amended pursuant to that certain First Amendment to Schertz Recreation Center License
Agreement dated as of March 15, 2011 (the "Facility License Agreement Amendment ", and
collectively with the Original Facility License Agreement, the "Facility License Agreement ").
WHEREAS, this Agreement amends and replaces in its entirety the Facility License Agreement,
and Schertz and the YMCA acknowledge and agree that the Facility License Agreement
governed the terms of the license for the Recreation Center from the effective date of the Facility
License Agreement up to the Effective Date of this Agreement.
WHEREAS, Schertz will construct, or cause to be constructed, an enclosed community
swimming pool and aquatic facility of competition quality and indoor recreation pool (the
"Aquatic Facilit ").
WHEREAS, the Recreation Center and the Outdoor Pools (defined below) are collectively
referred to herein as the "Facility ".
WHEREAS, Schertz and the YMCA have also previously entered into that certain Pool
Management Agreement dated as of April 28, 2009 (the "Outdoor Pools Agreement ")
governing the terms of the YMCA's management of Schertz's two outdoor pools located at 200
Aero Avenue, Schertz, Texas and 601 Cherry Tree Drive, Schertz, Texas, known respectively as
the Pickrell Park Pool and the Northcliffe Pool (collectively, the "Outdoor Pools ", and each an
"Outdoor Pool ").
WHEREAS, this Agreement amends and replaces in its entirety the Outdoor Pools Agreement,
and Schertz and the YMCA acknowledge and agree that the Outdoor Pools Agreement governed
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4838- 1608 - 0942.2
the terms of the YMCA's management of the Outdoor Pools from the effective date of the
Outdoor Pools Agreement up to the Effective Date of this Agreement.
WHEREAS, this Agreement relates to the Facility and the Outdoor Pools.
WHEREAS, the Aquatic Facility is governed by a separate Schertz Enclosed Community
Swimming Pool and Aquatic Facility of Competition Quality and Indoor Recreation Pool.
License Agreement between Schertz and the YMCA (the "Aquatic Facility Agreement ").
WHEREAS, this Agreement and the Aquatic Facility Agreement collectively set forth all of the
agreements between Schertz and the YMCA with respect to the Facility and the Aquatic Facility.
WHEREAS, Schertz desires that the YMCA manage the Facility for Schertz, and the YMCA
has agreed to do so pursuant to the terms and conditions of this Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is
acknowledged by both parties, Schertz and the YMCA accept this Agreement for the purposes,
and upon the terms and conditions, set forth herein:
1. Exclusive License. Schertz hereby grants to the YMCA an exclusive right and
license to manage and operate the Recreation Center for the purposes, in the
manner, and for the period of time described in this Agreement (the "Rights ").
This Agreement is not a lease of the Recreation Center and does not confer any
ownership, leasehold, or other interest in the Recreation Center or the land on
which it is located except as set forth herein.
2. Term. The initial term of this Agreement begins on the Effective Date and ends
on the date which is twenty (20) years after the Aquatic Facility Completion Date
(as such term is defined in the Aquatic Facility Agreement). The parties shall
complete Exhibit G attached hereto and incorporated herein with the Aquatic
Facility Completion Date promptly after such date is known. Upon termination of
this Agreement, the Rights licensed to the YMCA herein will automatically revert
back to Schertz, subject to the rights of SCUCISD. If this Agreement is
terminated, and if requested by Schertz, the YMCA and Schertz will acknowledge
such termination and reversion in a signed written document, subject to the rights
of SCUCISD.
3. General Terms of Operation, Use and Maintenance of the Recreation Center.
The YMCA, at its cost and expense, will (i) perform the work and services for the
operation and management of the Recreation Center as required herein; (ii)
maintain the furniture, equipment and supplies as shown in Section I on the
attached Exhibit A4, and install and maintain any other furniture, equipment and
supplies as otherwise required by the YMCA for its operation of the Recreation
Center within the interior of the Recreation Center (collectively, the "YMCA
Installed Items "); and (iii) conduct maintenance and repairs required in the
interior of the Recreation Center as further described in Section II of Exhibit A -1
attached hereto. Schertz, at its cost and expense, (i) will provide the license to the
YMCA with use of the Recreation Center in its current condition; and (ii) will
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4838 - 1608 - 0942.2
conduct maintenance and repairs required for the exterior and other components
of the Recreation Center as further described in Section III of Exhibit A -1
attached hereto.
4. Operations; Employees.
(a) The YMCA will have exclusive control of the day -to -day operations of the
Recreation Center, subject to the rights of SCUCISD and the right of
Schertz, described in Section 1.3, to inspect the Recreation Center for
maintenance purposes or to ensure that the YMCA is properly carrying out
its obligations under this Agreement.
(b) The YMCA will provide all necessary employees for the Facility,
including employees who will meet or exceed the requirements described
on Exhibit B. The YMCA agrees that all of its employees will be fully
qualified and competent to do the work required of the YMCA under the
terms of this Agreement. The YMCA shall be fully responsible for the
hiring, training, and dismissal of all employees.
5. Sublicense.
(a) The YMCA shall have the authority to sublicense the Facility (or any parts
thereof) to the following organizations or for the following purposes for
members and/or non - members:
(i) when requested, the YMCA shall use its best efforts to make the Facility
(or parts thereof) reasonably available to Schertz (or the applicable
sublicensee as designated below) without the need for a sublicense
agreement, and at no charge to Schertz, for the following purposes:
(1) for Healthy Kids Day (YMCA Program) — Saturdays 9 am to 1 pm;
(2) for Schertz Library/YMCA collaboration — Fall Fest 1 -day event;
(3) for the Schertz Area Senior Center — meeting rooms, gymnasium.
(ii) when requested, the YMCA shall use its best efforts to make the Facility
(or parts thereof) reasonably available to Schertz (or the applicable
sublicensee as designated below) without the need for a sublicense
agreement, but with an agreed fee with the sublicensee, for the following
purposes:
(1) for birthday parties (YMCA Program) — periodically;
(2) for health and wellness courses or seminars;
(3) Family Nights (YMCA Program);
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4838- 1608 - 0942.2
(4)
for martial arts programs — evenings and/or weekends,
multipurpose space or gymnasium;
(5)
for non - profit organization meetings — meeting rooms;
(6)
for youth sports programs;
(7)
HOA meetings — meeting rooms;
(8)
Teen Lock -Ins;
(9)
Clemens High School and Steele High School Project Graduation;
(10)
American Cancer Society Relay for Life;
(11)
Career days;
(12)
College prep seminars;
(1.3)
Meeting space for for - profit organizations;
(14)
Community leader luncheons;
(15)
Swim clubs and swim teams; and
(iii) such other specific purposes as are approved in advance in writing by the
Schertz
City Manager and /or his /her designee.
All net revenues received by the YMCA from sublicensing the Facility as
permitted above (gross revenue, less direct Facility expenses related to the
event) shall be separately identified in the YMCA's books and records for
the YMCA's activities at the Facility and shall be used in full by the
YMCA in operating the YMCA's activities at the Facility and for no other
purpose. The City urges the YMCA to dedicate a portion of such net
revenues for scholarships for families residing in the City who cannot
afford standard YMCA membership rates.
(b) Facility sublicenses that involve exclusive reservation for a group of the
Facility must be scheduled for times other than during the YMCA's
publicized hours of operation. Facility sublicenses that involve exclusive
reservation of a room or rooms during the YMCA's publicized hours of
operation must be scheduled in a room or rooms that are generally not
available to YMCA members at that time and must not adversely affect
members' usage of the Facility. Facility sublicenses that do not provide a
group exclusive use of the Facility or a room or rooms may not adversely
affect members' usage of the Facility during the YMCA's publicized
hours of operation.
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4838- 1608 - 0942.2
(c) Any sublicense granted by the YMCA under this Section 5 shall be
evidenced in writing using the Form of Sublicense Agreement attached
hereto as Exhibit F. Such sublicense agreement shall be signed by both
the YMCA and the sublicensee. A copy of the executed sublicense
agreement shall be delivered to the City Manager or his /her designee no
later than two (2) business days after its execution, which must be at least
one (l) business day prior to the date that the licensee plans to use the
Facility.
(d) If the YMCA is unable to accommodate a sublicensee applicant, it will
refer the applicant to the City's Civic Center Department for possible
assistance in another City facility. Similarly, if the City is unable to
accommodate a group or organization in a City facility and the group or
organization or purpose qualifies under Section 5(a), the City will refer
the applicant to the YMCA, in all events subject to Section 5(b).
6. Recreation Center Revenues and Allocation of Expenses.
(a) The YMCA will receive and retain all membership fees, vending machine
profits, revenues from YMCA programs, receipts from Recreation Center
sublicenses, and all other revenues generated from any event or operations
at the Recreation Center.
(b) There shall be no payments of money from the YMCA to Schertz in
connection with Schertz granting the license to the YMCA to utilize the
Recreation Center under this Agreement.
(c) Except as otherwise allocated to Schertz as provided herein, the YMCA
will be responsible for all expenses related to the operation and
management of the Recreation Center, including, but not limited to,
employee salaries and the maintenance and repair of those items allocated
to the YMCA in Section I on Exhibit A -1. At the time the YMCA
occupies and begins operation of the Recreation Center, the YMCA shall
be responsible for paying the monthly usage charges for the following
utility services (prorated for any partial month): cable or satellite
television service, telephone service, internet service, water and sewer
service separately metered for the interior of the Recreation Center,
electric service separately metered for the interior of the Facility, and gas
service (if any).
(d) Schertz will be responsible for all expenses related to the maintenance and
repair of those items allocated to Schertz in Section III on Exhibit A -1.
Schertz will be responsible for paying all monthly usage charges for the
following utility services (prorated for any partial month): electric service
for the lighting of the parking lot of the Recreation Center (which will be
separately metered), and water service for all landscape irrigation for the
Recreation Center (which will be separately metered).
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4838 - 1608 - 0942.2
7. Grants of Funds to the YMCA.
(a) Schertz will not charge to the YMCA, and the YMCA will not pay to
Schertz, a license fee or any other fee during the term of this Agreement.
(b) Commencing upon opening the Aquatic Facility to the public, Schertz will
provide a grant of money annually (the "Operations Grant ") to the
YMCA, initially in the amount of Three Hundred Eighty Thousand and
No /100 Dollars ($380,000) per year, and payable in equal monthly
installments by the tenth (10th) day of each month during each year for the
first five (5) years of the term of this Agreement, which Operations Grant
shall be used to pay for the Recreation Center operation and maintenance
expenses allocated to the YMCA herein. In order to provide for
inflationary factors on operating and maintenance expenses, the
Operations Grant payable by Schertz shall be increased by an amount
equal to five percent 5% of the previous applicable annual Operations
Grant amount on each five (5) year anniversary date during the term of
this Agreement, to the effect that the Operations Grant payable each year
and in monthly installments shall be as follows:
(i) Term years 1 through 5: $380,000.00 per year (payable in equal
monthly installments)
(ii) Term years 6 through 10: $399,000.00 per year (payable in equal
monthly installments)
(iii) Term years 11 through 15: $418,950.00 per year (payable in equal
monthly installments)
(iv) Term years 16 through 20: $439,897.00 (rounded down) per year
(payable in equal monthly installments)
(c) Further, commencing upon opening of the Aquatic Facility to the public,
Schertz will provide a grant of money to the YMCA in the amount of one
hundred thousand and No /100 Dollars ($100,000) annually (the
"Membership Fee Reduction Grant ", and collectively with the
Operations Grant, the "Grants "), payable in equal monthly installments
by the tenth (10th) day of each month, which Membership Fee Reduction
Grant shall be used by the YMCA to lower the cost of membership fees
for residents of the City of Schertz to the current rates for the term of this
Agreement.
(d) If the YMCA's operations at the Recreation Center and Aquatic Facility
generate a surplus of funds (calculated as gross revenues for the
Recreation Center minus total expenses for the Recreation Center and
Aquatic Facility including the amount of the Grants as revenue when
performing the calculation to determine if a surplus exists) during a period
from October 1 through September 30 of a year (each a "Fiscal Year ")
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(each such Fiscal Year surplus is referred to as a "Surplus"), then the
amount of the Operations Grant shall be reduced by twenty percent (20 %)
of the Surplus for the following Fiscal Year.
(e) In the event of a casualty, which is not due to the gross negligence, willful
misconduct, or act of Schertz, that makes the Recreation Center wholly
inoperable for a period in excess of one (1) week, the amount of the
Grants shall be reduced on a pro rata basis to account for the duration of
such inoperability (for example, if the Recreation Center is inoperable for
a period of fifteen (15) days in a calendar month containing thirty (30)
calendar days, the Grants paid during such calendar month shall be
reduced by fifty percent (50 %) to account for the Recreation Center being
inoperable during fifty percent (50 %) of such calendar month).
8. Membership Rates and Service Charges.
(a) The current rates charged at the Recreation Center and Aquatic Facility
are set forth on Exhibit C. Rates charged at the Recreation Center and
Aquatic Facility for non - residents of Schertz will be determined by the
YMCA, and will initially be set by the YMCA as set forth on Exhibit C.
The rates for Schertz residents shall not be increased by more than two
percent (2 %) annually above the rates set on Exhibit C throughout the
term of the Agreement. Rates for non - residents are subject to change by
the YMCA and are typically reviewed and increased no more than once
each year. Any non - resident rate increase in excess of the greater of (i)
five percent (5 %) or (ii) the Consumer Price Index, expressed as a
percentage, over the rate charged on the same date the previous year must
be reported to the Schertz City Council in advance of being implemented.
The YMCA will notify non - resident members and patrons at least thirty
(30) days before any such rate increase goes into effect.
(b) Schertz residents and employees will receive a YMCA "City Wide"
membership at branch - specific rates. Each Schertz resident and employee
will receive a one -time only waiver of the YMCA membership initiation
fee for the Recreation Center and Aquatic Facility. Any Schertz employee
who, after becoming a member and later canceling the membership, then
reapplies for membership at the Recreation Center and Aquatic Facility
will be required to pay the YMCA's initiation fee at the YMCA's then -
current rate.
(c) During the term hereof, the YMCA will provide Y Partners scholarships to
be used to provide discounted or free -of- charge memberships to families
meeting standard YMCA criteria, which shall be provided on request to
Schertz.
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9. Marketing and Signage.
(a) Using its normal and customary marketing programs as generally applied
in the Bexar County, Texas area, the YMCA will be responsible for all
marketing related to the Recreation Center and the YMCA's programs
conducted therein, and will so market the Recreation Center, at a
minimum, within the entire area in the City limits.
(b) Unless the need for maintenance or repair, or damage, is the result of the
actions of Schertz, or those acting under its control, the YMCA will be
responsible for maintaining all existing interior signage at the Recreation
Center, and as determined by the YMCA in its sole and reasonable
discretion from time to time, for providing all additional necessary or
desirable interior signage within the Recreation Center, as well as any
exterior Recreation Center signage that includes the YMCA name. In the
event any new or replacement signage contains both the name of the
Recreation Center as designated by Schertz, and the YMCA names or
logos, the parties will agree as to the allocation of the costs of such
signage prior to the manufacture of such signage. Exterior and interior
signage desired by the YMCA will be subject to reasonable advance
written approval by Schertz. All currently existing signage as of the
Effective Date is deemed to have been approved by Schertz. Schertz may
provide Schertz - related signage for the exterior and interior of the
Recreation Center, in addition to that displayed by the YMCA, and the
YMCA will permit such signage to be placed in the interior of the
Recreation Center in reasonable locations if requested by Schertz.
Samples of the signage currently located at the Recreation Center are
shown on the attached Exhibit D.
10. Advisory Board. An advisory board (the "Advisory Board ") has been
established by the YMCA to informally assist the YMCA in its operation of the
Recreation Center, all in accordance with the procedures and requirements and
Schertz representation set forth on the attached Exhibit E. The Advisory Board
is and will continue to be to advise only, and will have no power to dictate policy
or procedures to the YMCA. Commencing on the Effective Date of this
Agreement and continuing throughout the term of this Agreement, the Advisory
Board shall also informally assist the YMCA in its operation of the Swimming
Pool and Aquatic Center.
11. General Terms of Operation, Use and Maintenance of the Outdoor Pools.
The YMCA will perform the work and services for the operation and management
of the Outdoor Pools in accordance with the following terms and conditions:
(a) Cost: The total maximum cost payable to the YMCA for the YMCA's
management of the Outdoor Pools for each year of this Agreement shall be
One Hundred Seventy -Nine Thousand Eight Hundred Seventy -Eight and
No /100 Dollars ($179,878.00), which shall be paid in two (2) payments of
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4838- 1608 - 0942.2
Fifty -Nine Thousand Nine Hundred Fifty -Nine and No /100 Dollars
($59,959.00) by Schertz to the YMCA on or before June 1 of each year
and July 1 of each year of this Agreement, with a final payment of Fifty -
Nine Thousand Nine Hundred Sixty and No /100 Dollars ($59,960.00) paid
on or before August 1 of each year of this Agreement. The payment
attributable to each Outdoor Pool is one half (1/2) of the total amount set
forth above. If the provisions of this Agreement set forth in this Section
11 with respect to one but not both of the Outdoor Pools are terminated in
accordance with the provisions of Section I I (f), the cost associated with
the remaining Outdoor Pool shall be one half (1/2) of the total amount set
forth above.
(b) Revenues from the Outdoor Pools: Schertz shall receive and retain all
revenues from gate receipts, season pass receipts, and concession receipts.
The YMCA shall receive and retain all revenues from YMCA programs,
including swimming lessons and aquatic programs, and all receipts for the
Outdoor Pools rentals and pool parties. YMCA will not charge swimming
teams for reserved lanes for swim practice.
(c) Scope of Work: The YMCA shall perform all work for the operational
management of the Outdoor Pools as shown in Exhibit H, attached hereto
and incorporated herein for all purposes.
(d) Active Terms: The provisions of this Agreement with respect to the
management of the Outdoor Pools shall be applicable for a three -month
period of approximately May 24 through August 24 during each calendar
year of this Agreement (each an "Active Term "). The precise Active
Term for each calendar year will be provided by Schertz to the YMCA at
least sixty (60) days prior to the beginning of each year's three -month
Active Term.
(e) YMCA Obligations and Rights: YMCA shall, at its expense, for each
Active Term of this Agreement, obtain all permits, certifications, and
licenses, and pay all related fees and taxes, necessary for the performance
of its work and services under this Agreement, and will comply with all
laws, ordinances, rules and regulations governing YMCA's performance
of this Agreement, including all environmental laws and regulations,
whether state or federal. Schertz will waive all fees for City - required
permits, licenses, and inspections related to the Outdoor Pools. All work
shall be done in strict conformity with this Agreement. YMCA shall have
exclusive control of the day -to -day operations of the Outdoor Pools,
subject to the right of Schertz to inspect the Outdoor Pools to ensure that
YMCA is properly carrying out the terms of this Agreement. YMCA
agrees that all of its employees shall be fully qualified and competent to
do the work required under the terms of this Agreement. All minor detail
of the work not specifically mentioned in this Agreement but obviously
necessary for the proper completion of the work shall be considered as
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4838 - 1608 - 0942.2
incident to and a part of the work for which payment is made to the
YMCA under this Agreement. YMCA will not be entitled to any
additional compensation therefor unless specifically stated otherwise in
this Agreement.
(f) Termination of the Outdoor Pool(s) Management: Schertz may terminate
the management of one or both of the Outdoor Pools at will for no or any
reason upon giving at least ninety (90) days advance written notice to
YMCA. The parties to this Agreement understand and agree that it is in
Schertz's reasonable discretion to terminate the provisions of this
Agreement with respect to one or both of the Outdoor Pools without
penalty to Schertz or the YMCA. YMCA has no expectation and has
received no guarantees that the provisions of this Agreement set forth in
this Section 11 with respect to one or both of the Outdoor Pools will not
be terminated before the end of the Agreement term. The parties have
bargained for the flexibility of this termination option upon tender of the
requisite notice at any time during the term of this Agreement. Upon
termination, all equipment, furniture, fixtures, and supplies purchased,
provided, owned, or brought into the Outdoor Pools by YMCA will
remain the property of the YMCA and will be removed from the
applicable Outdoor Pool(s) at the end of the ninety (90) day notice period.
Upon termination, all equipment, furniture, fixtures, and supplies
purchased, provided, owned, or brought into the applicable Outdoor Pool
by Schertz will remain the property of Schertz. All work and services
under this Agreement and all payments hereunder for work and services
after the date of termination shall be terminated in accordance with
Section 11(g) upon termination of the provisions of this Agreement set
forth in this Section 11 with respect to one or both of the Outdoor Pools
becoming effective.
(g) Payment: As full consideration for the services which the YMCA shall
provide to Schertz with respect to the Outdoor Pools, the YMCA shall
receive the total sum described in Section 11(a). Any sums due and
payable hereunder which are not paid within ten (10) days of the due date
shall bear interest at the rate as set by the State of Texas, from the date due
until the date of payment. In the event the provisions of this Agreement
set forth in this Section 11 with respect to one or both of the Outdoor
Pools are terminated pursuant to Section 11(f), the payments due to
YMCA hereunder shall be prorated on a daily basis of One Thousand Nine
Hundred Ninety -Eight and 64/100 Dollars ($1,998.64) per day for both
Outdoor Pools or Nine Hundred Ninety -Nine and 32/100 Dollars
($999.32) for one Outdoor Pool, as applicable, and YMCA shall rebate to
Schertz or Schertz shall pay the YMCA, as applicable, such amount as
shall be necessary to reflect the pro rata portion of the total amount
payable to YMCA under Section 11(a) through the effective date of such
termination.
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1.2
Insurance.
YMCA Insurance. The YMCA will at all times during the term of this
Agreement maintain and keep in full force and effect insurance in the following
types and minimum amounts with companies authorized to do business in the
State of Texas:
(a) Commercial General Liability (including contractual liability):
Bodily Injury & Property Damage: $1,000,000 per occurrence
$2,000,000 General Aggregate
(b) Worker's Compensation: Statutory requirements applicable to the
YMCA
(c) Employers' Liability
Bodily Injury by Accident - $500,000 each accident
Bodily Injury by Disease - $500,000 each employee
Bodily Injury by Disease - $500,000 policy limit
Schertz Insurance. Schertz will at all times during the term of this Agreement
maintain and keep in full force and effect insurance in the following types and
minimum amounts with companies authorized to do business in the State of
Texas:
(a) Commercial General Liability (including contractual liability):
Bodily Injury & Property Damage: $1,000,000 per occurrence
$2,000,000 General Aggregate
(b) Schertz Property Insurance Coverage: Throughout the term of this
Agreement, Schertz shall maintain in full force a policy or policies of
property insurance, issued by one or more insurance carriers licensed to do
business in Texas, covering all buildings and improvements comprising
the Facility and the Outdoor Pools to the extent of their full replacement
value (exclusive of subsurface foundation and excavation cost).
Waiver of Subrogation. Schertz and the YMCA agree (and this Agreement shall
bind Schertz and the YMCA, as well as their respective property insurers) that (i)
if the Recreation Center and /or the Outdoor Pools (and /or in the case of Schertz,
the other portions of the Real Property) or its contents are damaged or destroyed
by fire or other casualty for which insurance is maintained, or an employee
sustains an injury covered by Worker's Compensation insurance (or such damage
or injury is of a type for which insurance was required to be maintained under the
terms of this Agreement), the rights, if any, of either party against the other with
respect to such damage, destruction or injury are waived with respect to both
losses to the extent covered by insurance that is obtained as required under this
11
4838 - 1608 - 0942.2
Agreement and losses not covered due to deductibles, coinsurance penalties,
insurance carrier insolvency, disputes with the insurance carrier regarding
coverage or under - insurance; and (ii) that all property coverage policies, other
insurance covering such property or its contents and Worker's Compensation
insurance shall contain a clause or endorsement providing in substance that the
insurance shall not be prejudiced if the insured have waived right of recovery
from any person or persons prior to the date and time of loss or damage, if any.
The failure of the parties to obtain such endorsements, however, shall not negate
or otherwise adversely affect the waiver of subrogation herein set forth, which
waiver in all instances shall be binding upon the parties and their respective
insurers.
Workers' Compensation. The Workers' Compensation coverage provided by
the YMCA will inure to the benefit of employees injured during the course and
scope of their employment by the YMCA at the Recreation Center and /or the
Outdoor Pools pursuant to this Agreement.
Other Requirements. All insurance required to be maintained by the YMCA
pursuant to this Agreement, except for Worker's Compensation Insurance, will
name Schertz as an additional insured. All insurance required to be maintained by
Schertz pursuant to this Agreement, will name the YMCA as an additional
insured. All such insurance coverage and each party's status as an additional
insured, as appropriate, will be evidenced by one or more certificate(s) of
insurance provided to the other party upon signing of this Agreement. Each party
will be provided the notice by the other party's insurance provider not later than
thirty (30) days prior to any reduction or termination of such coverage.
1.3. Inspections. The Schertz City Manager and/or his /her designee and the Schertz
Director of Parks, Recreation and Community Services (or the equivalent position
if such position is renamed) and/or his /her designee (each a "Schertz
Representative ") may make periodic visits to the Recreation Center and the
Outdoor Pools to assess any maintenance needs and/or to observe the progress
and quality of the YMCA's executed work and services and to determine, in
general, if the work and services are proceeding in accordance with this
Agreement. The Schertz Representative will not be required to make exhaustive
or continuous on -site inspections to check the quality or quantity of the work, nor
will the Schertz Representative be responsible for the means, methods,
techniques, sequences or procedures, or the safety precautions incident thereto.
The Schertz Representative will not be responsible for the YMCA's failure to
perform the work in accordance with this Agreement.
14. Notice for Repairs by YMCA. The YMCA will provide Schertz prompt written
notice of any capital or other repairs and /or replacements to the Recreation
Center and /or the Outdoor Pools for which Schertz is responsible under the terms
of this Agreement, whereupon Schertz will use reasonable efforts (subject to
public bidding requirements) to promptly initiate necessary
repairs /replacement, and thereafter diligently and continuously pursue the
12
4838- 1608 - 0942.2
completion thereof, provided, however, that notice of emergency repairs (those
where there is imminent danger to life or property) shall require Schertz to
respond immediately to either written or telephonic notice, and
diligently undertake efforts to alleviate the immediate danger to life or property,
and thereafter initiate necessary repairs /replacement as required above to
diligently and continuously pursue the repair /replacement process to completion.
Emergency repairs shall include, but shall not be limited to (i) water intrusion
causing damage to the interior of the Facility and /or the property of the YMCA,
(ii) the failure of the HVAC system, (iii) the failure of any essential utility
component of the Recreation Center and /or the Outdoor Pools (including, but not
limited to water, electrical or sewage service), and/or (iv) the presence of, or
introduction of, hazardous substance(s) in the Recreation Center and /or the
Outdoor Pools. Schertz's obligation to undertake emergency repairs pursuant to
this Section 14 may not relieve the YMCA of the obligation to pay for such
repairs, depending on whether such emergency repairs were necessitated by
actions of the YMCA, its employees, or its patrons.
1.5. Complaint Resolution. The YMCA will be responsible for resolving all
complaints by members and patrons regarding the Facility and YMCA operations.
As part of the quarterly reports required by Section 17, the YMCA will provide
Schertz with a summary of all material complaints received by the YMCA and the
corresponding resolution to each.
16. Licenses, Certification, and Permits. The YMCA will, at its expense, obtain all
permits, certifications, and licenses, and pay all related fees and taxes, necessary
for the performance of its work and services under this Agreement, and will
comply with all laws, ordinances, rules and regulations governing the YMCA's
performance of this Agreement, including all environmental laws and regulations
applicable to the YMCA's operation of the Facility, whether state or federal.
Schertz hereby waives all fees for City - required permits, licenses, and inspections
relating to the Facility. Schertz will comply with all laws, ordinances, rules and
regulations governing its ownership of the Facility and the Real Property, and its
performance of this Agreement, including all environmental laws and regulations
applicable to its ownership of the Facility and the Real Property, whether state or
federal.
17. Quarterly Reports - Facility. The YMCA will provide quarterly reports to
Schertz covering January through March, April through June, July through
September, and October through December of each year. Quarterly reports will
be delivered to Schertz no later than the 45th calendar day after the end of each
reporting period, and will provide generally the details regarding the budget,
donations, membership roll, revenues, sponsorships, member and material patron
written complaints, and other relevant operating details related to the Recreation
Center and Aquatic Facility. The YMCA will make the Facility's Executive
Director available on reasonable request by the Schertz City Manager to make
quarterly reports to the Schertz City Council.
13
4838- 1608 - 0942.2
1.8. Annual Audit. Schertz will conduct an audit each year, at the sole expense of
Schertz, of the operations at the Facility. The audit will be conducted by an
internal and/or external audit team selected by Schertz. The YMCA will allow
the persons conducting the audit to have full access to the Facility, including the
actual Facility and all records related to the Facility, including, but not limited to
budgets, financial statements, and other financial and operational records, in order
to complete the audit and will fully cooperate throughout the audit process.
Schertz will provide the YMCA with a copy of each final audit report.
19. Semi - Annual "Schertz Night ". The Recreation. Center will be made available
exclusively to the City of Schertz residents at no cost to Schertz or to the City
residents two times each year, at dates and times to be mutually agreed upon by
the YMCA and Schertz (each occurrence referred to as a "Schertz Night ").
During these occasions, the YMCA will provide adequate staff and will open the
Facility for full use by City residents. These times are intended to acquaint City
residents with the Facility and to encourage membership. The Facility Schertz
Nights shall occur at the same time as the Aquatic Facility "Schertz Nights"
addressed in Section 20 of the Aquatic Facility Agreement.
20. Independent Contractor. It is expressly understood and agreed that the YMCA
will perform all work and services described herein as an independent contractor
and not as an officer, agent, servant, or employee of Schertz; that the YMCA will
have exclusive control of and the exclusive right to control the details of the
services and work performed hereunder, and all persons performing the same; that
the YMCA will be solely responsible for the acts and omissions of its officers,
agents, servants, employees, contractors, and subcontractors; that the doctrine of
respondent superior will not apply as between Schertz and the YMCA, its
officers, agents, servants, employees, contractors, and subcontractors; and that
nothing herein will be construed as creating a partnership or joint enterprise
between Schertz and the YMCA. No person performing any of the work or
services described hereunder by the YMCA will be considered an officer, agent,
servant, or employee of Schertz. Further, it is specifically understood and agreed
that nothing in this Agreement is intended or will be construed as creating a
"Community of Pecuniary Interest" or "An Equal Right of Control" which would
give rise to vicarious liability. The YMCA will be an independent contractor
under this Agreement and will assume all of the rights, obligations, and liabilities
applicable to it as such independent contractor hereunder. Schertz does not have
the power to direct the order in which the work is done or how the services are
provided. Schertz will not have the right to control the means, methods, or details
of the YMCA's work or services. The YMCA will assume exclusive
responsibility for the work or services, and the YMCA will be entirely free to do
the work and provide the services as determined by it in accordance with the
provisions of this Agreement.
21. INDEMNITY. THE YMCA WILL INDEMNIFY AND HOLD HARMLESS
AND DEFEND SCHERTZ AND ALL OF SCHERTZ'S
COUNCILMEMBERS, OFFICERS, AGENTS, ATTORNEYS, AND
14
4838- 1608 - 0942.2
EMPLOYEES FROM ALL SUITS, ACTIONS, CLAIMS, DAMAGES,
PERSONAL INJURIES, LOSSES, PROPERTY DAMAGE, AND
EXPENSES OF ANY CHARACTER WHATSOEVER, INCLUDING
REASONABLE ATTORNEYS' FEES, BROUGHT FOR OR ON
ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR
SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, AS A
RESULT OF ANY NEGLIGENT ACT OF THE YMCA, ITS AGENTS OR
EMPLOYEES, OR ANY SUBCONTRACTOR OF THE YMCA, ARISING
OUT OF, OR RESULTING FROM THE YMCA'S ACTIVITIES IN
CONNECTION WITH THIS AGREEMENT. IN THE EVENT OF
INJURIES OR DAMAGES RESULTING FROM THE NEGLIGENCE OF
BOTH SCHERTZ AND THE YMCA (INCLUDING THEIR RESPECTIVE
OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS), THE
YMCA'S INDEMNITY HEREUNDER WILL BE LIMITED SOLELY TO
THE EXTENT OF THE YMCA'S (INCLUDING ITS AGENT'S,
EMPLOYEE'S, OR SUBCONTRACTOR'S) COMPARATIVE PORTION
OF SUCH NEGLIGENCE. THIS INDEMNITY PROVISION DOES NOT
APPLY TO FACILITY DEFECTS, WHICH ARE THE RESPONSIBILITY
OF SCHERTZ.
22. RELEASE. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS
AGREEMENT, THE YMCA HEREBY RELEASES, ACQUITS,
RELINQUISHES, AND FOREVER DISCHARGES SCHERTZ,
SCHERTZ'S EMPLOYEES, OFFICERS, COUNCILMEMBERS,
ATTORNEYS, AND AGENTS, FROM ANY AND ALL DEMANDS,
CLAIMS, DAMAGES, OR CAUSES OF ACTION REGARDING ANY
AND ALL OPERATIONS IN CONNECTION WITH THE FACILITY
LICENSE AGREEMENT, THE OUTDOOR POOLS AGREEMENT, AND
THIS AGREEMENT WHICH THE YMCA HAS OR MIGHT HAVE IN
THE FUTURE, INCLUDING BUT NOT LIMITED TO QUANTUM
MERUIT, CLAIMS UNDER THE DUE PROCESS AND TAKINGS
CLAUSES OF THE TEXAS AND UNITED STATES CONSTITUTIONS,
TORT CLAIMS, OR SCHERTZ'S NEGLIGENCE. THIS PROVISION
DOES NOT INCLUDE CLAIMS FOR BREACH OF CONTRACT
RELATED TO THIS AGREEMENT.
23. Assignment. Except for the sublicenses permitted by Section 5, neither party
may, either directly or indirectly, assign all or any part of this Agreement or any
interest, right or privilege herein, without the prior written consent of the other
party. The issue of whether or not to grant consent to an assignment is in the sole
discretion of the party from whom consent has been requested.
24. Infringement.
(a) If any of the Rights appear to be infringed by a third party, then the party
becoming aware of such infringement will promptly notify the other party.
Schertz will have the right, but not the obligation, to take action against
15
4838- 1608 - 0942.2
the infringer, including the filing of lawsuits, without the prior consent of
the YMCA. Schertz will notify the YMCA promptly of its election to do
so. The YMCA may elect to join in any such legal proceedings initiated by
Schertz against the alleged infringer. If Schertz elects not to take any
action hereunder, then the YMCA may initiate legal proceedings on its
own behalf, and Schertz may elect to join in those proceedings.
(b) If either party hereto elects to join in legal proceedings commenced by the
other party, then the control of such proceedings will remain in the hands
of the initiating party, and all fees, costs, and expenses incurred by the
initiating party, along with all damages and awards recovered thereby,
shall be shared equally between the parties. If one party elects not to join
in legal proceedings initiated by the other party, then such other party shall
be responsible for all fees, costs, and expenses incurred therein, and shall
receive all damages and awards recovered thereby.
(c) Each party hereto will cooperate fully with the other in all aspects of any
such litigation whether or not joining in the proceedings.
25. Schertz Warranties. Schertz hereby represents and warrants to the YMCA as
follows:
(a) To Schertz's actual knowledge without any investigation, (i) Schertz is the
owner of the Rights; (ii) Schertz has the power and authority to enter into
this Agreement and to grant to the YMCA the licenses set forth herein;
and (iii) Schertz has good title and ownership in and to all Rights and the
Real Property.
(b) Schertz has not granted or purported to grant any third party any rights
inconsistent with this Agreement or with the Rights and license granted
the YMCA hereunder.
(c) Schertz has not entered in any agreement with any third party that would
conflict with this Agreement or prevent Schertz's performance of this
Agreement in accordance with its terms.
(d) Schertz has the authority to enter into this Agreement, and Schertz has
taken all necessary action lawfully to delegate that authority to Schertz's
signatory hereto.
(e) Except for the representations and warranties specifically provided above,
Schertz makes no other representations or warranties regarding the Rights,
its rights to the Rights, or its use of the Rights, and Schertz expressly
disclaims and negates any and all warranties (express or implied) as to the
Rights or its rights to the Rights. Except as specifically provided herein,
THE RIGHTS ARE LICENSED TO THE YMCA ON AN AS -IS,
WHERE -IS, AND WITHOUT FAULTS BASIS.
16
4838- 1608 - 0942.2
26. YMCA Warranties. YMCA hereby represents and warrants to Schertz as
follows:
(a) To YMCA's actual knowledge without any investigation, YMCA has the
power and authority to enter into this Agreement and to accept the grants
to the YMCA set forth herein.
(b) YMCA has not granted or purported to grant any third party any rights
inconsistent with this Agreement or with the Rights and license granted to
the YMCA hereunder.
(c) YMCA has not entered in any agreement with any third parry that would
conflict with this Agreement or prevent YMCA's performance of this
Agreement in accordance with its terms.
(d) YMCA has the authority to enter into this Agreement, and YMCA has
taken all necessary action lawfully to delegate that authority to YMCA's
signatory hereto.
27. Waiver of Attorneys' Fees. BY EXECUTING THIS AGREEMENT, THE
YMCA AGREES TO WAIVE AND HEREBY WAIVES ANY CLAIM IT
HAS OR MAY HAVE AGAINST SCHERTZ REGARDING THE AWARD
OF ATTORNEYS' FEES WHICH ARE IN ANY WAY RELATED TO THE
YMCA'S BREACH OF THIS AGREEMENT.
28. No Waiver of Sovereign Immunity. By executing this Agreement, Schertz is
not waiving its right of sovereign immunity except, and only to the extent
permitted by law, with respect to actions by the YMCA to enforce the YMCA's
Rights under this Agreement.
29. Third -Party Beneficiary. Except as described in Sections 21 and 22, this
Agreement does not create any third -party beneficiaries. Except as described in
Sections 21 and 22, there are no third -party beneficiaries to this Agreement.
Except as described in Sections 21 and 22, no person or entity who is not a party
to this Agreement will have any third party beneficiary or other rights hereunder.
30. Termination of the Entire Agreement. In the event either party defaults under
this Agreement (and such default remains uncured as set forth below), the non -
defaulting party may terminate this Agreement; provided that the non - defaulting
party must first give the other party notice of any alleged event of default, and the
opportunity for thirty (30) days after such notice (or such longer period the parties
agree is reasonably necessary, but in no case longer than ninety (90) days) to cure
such default. If the default is not cured in such thirty (30) day period (or agreed
longer period), the non - defaulting party may thereafter declare, by written notice
to the defaulting party, this Agreement terminated and of no further force or
effect. The parties to this Agreement understand and agree that it is in each
party's sole discretion whether or not to terminate this Agreement in accordance
with the foregoing provision without penalty to the terminating party. Upon any
17
4838 - 1608 - 0942.2
termination, all equipment, furniture, fixtures, and supplies purchased, provided,
owned, or brought into the Facility and the Outdoor Pools by the YMCA will
remain the property of the YMCA, and will be removed from the Facility and the
Outdoor Pools within thirty (30) days after the termination hereof. If such items
are not removed within such timeframe, then such items shall become the
property of Schertz and Schertz may keep or dispose of such items as it sees fit in
its sole discretion, and any costs associated therewith shall be the responsibility of
the YMCA. Upon termination, all equipment, furniture, fixtures, and supplies
purchased, provided, owned, or brought into the Facility and the Outdoor Pools
by Schertz will remain the property of Schertz. The provisions of Sections 21
and 22 shall survive termination of this Agreement. Further, in the event of a
termination of this Agreement due to a default by the YMCA, the YMCA shall
return a pro rata portion of the Grants attributable to the remaining portion of the
applicable term year in which the termination occurs.
31. Notice of Alleged Breach; Statutory Prerequisites. Before the YMCA may file
suit for alleged damages incurred by an alleged breach of an express or implied
provision of this Agreement, the YMCA or its legal representative will give the
Schertz City Manager notice in writing of such damages, duly verified, within
ninety (90) days after the same has been sustained. The notice will include when,
where, and how the damages occurred, the apparent extent thereof, the amount of
damages sustained, the amount for which the YMCA will settle, the physical and
mailing addresses of the YMCA at the time and date the claim was presented, the
physical and mailing addresses of the YMCA for the six (6) months immediately
preceding the occurrence of such damages, and the names and addresses of the
witnesses upon whom the YMCA relies to establish its claim. Failure by the
YMCA to so notify the Schertz City Manager within the time, in the manner, and
to the extent herein provided will exonerate, excuse, and except Schertz from any
liability whatsoever. Schertz reserves the right to request additional information
regarding the YMCA claim. Said additional information will be supplied to
Schertz within thirty (30) days after the YMCA's receipt of such request.
The statutory prerequisites outlined herein constitute jurisdictional requirements
pursuant to Section 271.154 of the Texas Local Government Code and Section
311.034 of the Texas Government Code. Notwithstanding any other provision,
the YMCA's failure to comply with the requirements herein will perpetually bar
the YMCA's claim for damages under Chapter 271 of the Texas Local
Government Code, and Section 311.034 of the Texas Government Code,
regardless of whether Schertz has actual or constructive notice or knowledge of
said claim or alleged damages.
32. Attorneys' Fees. If it shall become necessary for either party to bring or
commence any legal action or proceeding to enforce this Agreement, including an
action seeking specific performance, the prevailing party in such action shall be
entitled to the recovery of all costs and expenses of litigation, including, without
limitation, reasonable attorneys' fees, court costs, and costs of appeal.
18
4838- 1608 - 0942.2
33. Notice. Any notice or demand made regarding this Agreement will be made in
writing and delivered either in person or by certified or registered mail. Except as
otherwise specifically provided herein, notice by mail will be complete upon .
deposit of the paper, postage prepaid, in a post office or official depository under
the care and custody of the United States Postal Service addressed as follows:
If to Schertz: City of Schertz
1.400 Schertz Parkway
Schertz, Texas 78154
Attention: City Manager
with copies to: City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Attention: Director of Parks, Recreation and
Community Services
City Attorney
c/o Denton Navarro Rocha Bernal Hyde & Zech, P.C.
251.7 North Main Street
San Antonio, Texas 78212
Attention: Charles E. Zech
If to the YMCA: YMCA of Greater San Antonio
3233 North St. Mary's
San Antonio, Texas 78212
Attention: Ross Magsig
with copies to: Dykema Cox Smith
11.2 E. Pecan, Suite 1.800
San Antonio, Texas 78205
Attention: Kerry T. Benedict
The parties hereto may change the above designated addresses and notice parties
by giving notice pursuant to the terms of this Section 33.
34. Severability. In case any one or more of the provisions contained in this
Agreement is for any reason held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability will not affect any other
provision hereof, and this Agreement will be considered as if such invalid, illegal,
or unenforceable provision had never been contained in this Agreement.
35. Governing Law and Venue. This Agreement will be governed by the laws of
the State of Texas. All performance and payment made pursuant to this
Agreement will be deemed to have occurred in Guadalupe County, Texas.
Exclusive venue for any claims, suits, or any other action arising from or
connected in any way to this Agreement or the performance of this Agreement is
19
4838- 1608 - 0942.2
agreed to be in Guadalupe County, Texas. The obligations and undertakings of
each of the parties to this Agreement will be deemed to have occurred in
Guadalupe County, Texas.
36. Non - Solicitation of YMCA Employees. Upon the expiration or termination of
this Agreement, regardless of the cause of such termination, Schertz will not
solicit for employment, and /or employ, any then active employee of the YMCA
for any reason for a period of one (1) year after the date of termination and/or
expiration hereof, without the prior written consent of the YMCA.
37. Amendments. This Agreement may not be modified except in writing signed by
Schertz and the YMCA.
38. Headings. The headings of the various sections and paragraphs in this
Agreement are used for convenience only and shall not modify, define, limit, or
expand the express provisions of this Agreement.
39. Counterparts. This Agreement may be signed in multiple counterparts, each of
which shall be deemed an original and all of which when taken together shall
constitute one instrument.
40. Entire Agreement. This Agreement contains the entire agreement among the
parties and supersedes all prior agreements and understandings, both written and
oral, between the parties relating to the subject matter hereof.
41. Exhibits and Recitals. The exhibits and recitals are incorporated herein fully as
matters of contract and not mere exhibits and recitals. The following exhibits are
attached hereto:
Exhibit A —
Real Property Description
Exhibit A -1 —
Installed Items; Maintenance and Repair Responsibilities
Exhibit B —
Employee Job Descriptions
Exhibit C —
Initial Membership Rates
Exhibit D —
Samples of Existing Signage
Exhibit E —
Advisory Board Member Job Descriptions
Exhibit F —
Form of Sublicense Agreement and Related Documentation
Exhibit G —
Acknowledgement of Aquatic Facility Completion Date
Exhibit H —
Scope of Work Related to the Outdoor Pools
[ Signatures on the following page J
20
4838- 1608 - 0942.2
SIGNATURE PAGE TO
AMENDED AND RESTATED SCHERTZ RECREATION CENTER
LICENSE AGREEMENT AND
OUTDOOR POOLS MANAGEMENT AGREEMENT
IN WITNESS HEREOF, the parties hereto have executed this Agreement to be effective as of
the Effective Date.
CITY OF SCHERTZ, TEXAS,
a Texas home rule city
Cn
John C. Kessel,
City Manager
50855853.3 S-1
4838-1608-0942.2
YOUNG MEN'S CHRISTIAN
ASSOCIATION OF GREATER
SAN ANTONIO,
a Texas non-profit corporation
By:
Name:
President and CEO
EXHIBIT A
(Real Property Description)
See attached
50855853.3 A -1
4838 -1608- 0942.2
I
M-M SChW%'rQ%"
City of Val Schertz
New Recreation Center
50855853.3 A -2
4838 -1608- 0942.2
�Y87a �
EXHIBIT A -1
Installed Items; Maintenance and Repair Responsibilities
YMCA Installed Items -YMCA to Provide
1. All equipment, furniture, and supplies required by the YMCA for its operation of
the Facility.
2. Vending machines containing drinks and snacks (pursuant to third party
contracts).
II. Maintenance and Repair Responsibilities of the YMCA'
1. Customary cleaning the interior of the Facility.
2. Removal of litter, trash and waste.
3. All of YMCA's information technology systems
4. Re- painting of the interior walls, as required by the YMCA.
5. Re- carpeting as required by the YMCA.
6. Normal and routine maintenance and repair of the HVAC systems serving the
Facility.
7. Signage installed by the YMCA.
8. All components of the interior of the Facility which are (i) not covered by any
warranty applicable to the construction of the Facility, or any component thereof,
and (ii) not otherwise specifically allocated to Schertz as set forth below.
9. Repairs described in Part III below resulting from damage solely caused by the
YMCA, its personnel, or members.
10. Routine maintenance and cleaning of the Outdoor Pools.
11. Maintain proper PH and chlorine levels of the Outdoor Pools.
12. Vacuum Outdoor Pools and hose down decks.
III. Maintenance and Repair Responsibilities of Schertz2
I. The exterior of the Facility, real property grounds, and parking lot, and all related
components.
2. The foundation, exterior walls, interior walls (excluding routine re- painting as
allocated to the YMCA above), structural walls, floors (excluding routine re-
carpeting as allocated to the YMCA above), ceilings (both structural and drop)
and other structural components of the Facility, roof, exterior doors, exterior door
hardware, fixtures, exterior plate glass windows, and water, sewer, electrical, gas,
telephone and cable facilities installed as part of the Facility, including, but not
limited to those inside the foundation, inside of any wall, on the roof, or otherwise
outside of the interior of the Facility, or on any other portion of the real property.
3. Damage to any part of the Facility due to any water leaks.
4. Damage to any part of the Facility due to any structural defect.
' Repairs described in this Part II resulting from damage by Schertz or its employees or the failure of Schertz to
undertake its obligations under Part III shall be the responsibility of Schertz.
2 Repairs described in this Part III resulting from damage by the YMCA, its personnel, or members (other than
routine wear and tear) or failure of the YMCA to undertake its obligations under Part 11 shall be the responsibility of
the YMCA.
50855853.3 A -1 -1
4838 -1608- 0942.2
5. Mold, mildew or other environmental issues pertaining to water intrusion or leaks.
6. All capital repairs to the Facility (interior or exterior).
7. Replacement of the HVAC systems, and related components, for the Facility
8. Signage installed by Schertz.
9. Exterior landscaping and all watering and irrigation components (including
replacement of damaged landscaping and pruning of trees).
10. The parking lot, curbs, driveways, sidewalks, and exterior lighting facilities
(including striping of the parking lot).
1.1. Drainage channels, rights of way and other easements on the real property.
12. Any security equipment or facilities installed by Schertz.
1.3. All items still covered under any original warranty applicable as part of the
construction of the Facility by Schertz.
50855853.3 A-1 -2
4838 - 1608- 0942.2
EXHIBIT B
Employee Job Descriptions
See Attached.
50855853.3 B -1
4838 -1608- 0942.2
«. Description
Position ! 6qWati
Department., !
Supervisor. x cutive Dlre! Date* !
General Function:
Under the supervision of the Executive Director, this position 1s responsible for planning and
organizing all aquatic activities and programs, fairing and training new staff, training staff in
CPR, First Aid, and AED; fiscal management; and member satisfaction.
Entry Requirements:
Must be 21 years of age and have one to three years of recreation, pool management,
lifeguard, swim Instructor, or water park experience and/or equivalent combination of
education, training and experience. Experience supervising staff and developing pool and
class schedules required,
Strong people skills, organizational skills and attention to detail required. Strong personal
commitment to creating a safe aquatic environment Is necessary.
Professional Rescuer, 1 ! Oxygen Administration H Swim Instructor
certification preferred, A Texas Driver's license is required as well as driving to various
locations within the city.
50855853.3 B- 25400000.3
-mployee's Signature Date
Supervisor's Signature Date
50855853.3 B-35400000.3
Job Description
Title t Aq u at! cs CoaftRaW Branch: Ally
Incumbent: Department! A-quatics
Supervisor.- Aquatics Directo Revised Date )one 13, 2012
General Function:
The Aquatics Coordinator will assist the Health and Wellness Director with the overall
planning, development, management and supervision of all aquatics programs of the
branch.
* Assists In the development and distribution of all program promotional pieces.
* Other duties as assigned by supervisor.
50855853.3 B-45400000.3
By signing below, employee confirms receipt of this job description.
Supervisor's Signature Hate
Employee's Signature Date
50855853.3 B- 55400000.3
3ob Description
Title: L!fgquacd
Incumbent.
Supervisor: Aouatilcs Olrector
Branch: Any
Department* Aquatics
Date: March _11,20A
General Function:
The lifeguard Is responsible for direct supervision, control, and safety of participants during
classes, recreational, and fitness swimming. Lifeguards are also responsible for pool
maintenance and monitoring chemical readings In the pool.
Entry Requirements,
lipI
-1110111MM' N III
q
Pbysical/Mental Reuirements!,.
Work :Is performed In a fast-paced environment, Visual acuity is necessary for scanning the
pool in bright sunlight and Indoor conditions. Ability to respond appropriately to medical
'n nut si;
&rykiiii *'em-i 4i X -aye t
job. Job requires high levels of alertness and concentration. Repetitive stooping and
bending with lifting of light to medium Is required, Ability to sit attentively for long periods
of time are required, as Well as the ability to swim and hold breath under water when
necessary.
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By signing below, employee confirms receipt or this job description.
Employee's Signature Date
Supervisor's Signature Date
50855853.3 B-75400000.3
ob Description
Title- Swim LassgUnaWti-dor Branch:
► ■. Aquatl
Supervisor:
General Function:
Provides direct teaching leadership by practicing water safety and aquatics Instruction In
accordance with YMCA aquatics guidelines.
Entry Requirements:
Incumbent must be YMCA lifeguard certified and at least 16 years old, CPR, First Aid, AE D,
02, and BBP certification are required and they must be current. Incumbent must have
excellent communication and coaching skills.
Requirements:
■ r V. ■ ■ +
job. Job requires high levels of alertness and concentration. Repetitive stooping and
bending with lifting of light to medium Is required, Ability to sit attentively for long periods
of - ability to swim _ ■ hold breath under when
50855853.3 B- 85400000.3
Employee's Signature to Date
Supervisor's Signature. Date
50855853.3 B- 95400000.3
Job Description
Title; Swim Tearn Coach aranch-
Incumbent:
D
epartment. Aquatics
Supervisor' Agliatics Dicector- R. MAy-t f
General Function;
The swim team coach oversees the activities, practices, and competitions of the swim team.
Entry RequlrerrI
Bachelor's degree in a related field strongly preferred. Three to five years experience and
certification as a ASCA level I swim coach, CPR, First Aid, AED, 02, and B certification are
required and they must be current, Incumbent must have good communication skills.
Physical/Mental Requirements:
Work is performed in an aquatics environment, Visual acuity Is necessary, to keep track of
everyone in the pool. Ability to respond property to medical emergency Is necessary,
Incumbent must be able to hear and think clearly in order to perform job. )ob requires high
levels of alertness and concentration, Repetitive stooping and bending with lifting of light to
medium Is required.
I III I I I I 111111 11MIR, III ,
': 1 LIM IT
Employee's Signature Date
Supervisor's-, Signature Date
50855853.3 B-1054000003
EXHIBIT C
Initial Membership Rates
See Attached.
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4838 -1608- 0942.2
EXHIBIT C
Schertz Family YMCA Membership Rates
As of March 1, 2016
Family I — Households with two adults OR one adult plus any dependent children*
Non - Schertz Residents $85 Schertz Residents $78
Family H — Households with two adults plus any dependent children*
Non - Schertz Residents $98 Schertz Residents $91
Adult — One adult age 18 — 61
Non - Schertz Residents $57 Schertz Residents $50
Student — Students age 13 —18 or students through age 25 with proof of current full-time
student status
Non - Schertz Residents $46
Senior — One adult age 62+
Non - Schertz Residents $55
$49 Joining Fee
Schertz Residents $39
Schertz Residents $35
*Children must be under the age of 18. Dependent children through age 25 also qualify
with proof of full -time student status and must live at parent's address.
Schertz Residents will receive a 15% discount off of youth swim lessons.
Day Passes for the Aquatic Facility
As of March 1, 2016
Schertz Resident Day Passes
$6 Individual
$15 Family
Non - Schertz Resident Day Passes
$10 Individual
$20 Family
50855853.3 C- 25400000.3
EXHIBIT D
Samples of Existing Signage
See Attached.
50855853.3 D -1
5400000.3
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FOR dOUM 61"J`r€.PaPs,iRIf
FibR rMA BY UVRN6
r=rif' .if.} €,r, t!= R ci.ti'OAfS9 C§ 18.95 "`f
Imel WTT i •
following duties,
N
YMCA Miss otir TO pttt Judeo- Christian principles Into practice through prograt555 that build healthy spirit, mind and body for all,
50855853.3 E -1
4838 - 1608- 0942.2
Advisory 4 Chair and are expected to fulfill the following specific
responst
1. Regular ! board meetings-, 80% attendance
a, Review agenda Items In advance of scheduled meetings
b Ask discerning questions, constructively participate In
deliberations, vote according to convictions and In the best
Interest of
Actively participate on of Branch Board Committee
Become a. -! In an area where personal/professional
background and interests would be of value
3. Drive success toward Branch fundralsing goals through participation
the Annual i s g
a, Make a personal monetary gift to the campaign
b. Commit to a "Give or 1i1
4, Participate In the Board Development process
a. Identify and help recruit Influential community leaders to
participate on the Branch Advisory Board
i
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4838 - 1608- 0942.2
EXHIBIT F
Form of Sublicense Agreement
and Related Documentation
See attached.
50855853.3 F -1
4838 -1608- 0942.2
CITY OF SCHERTZ /YMCA RECREATION CENTER
Preferred room(s):
Organization:
Proposed use of the reserved space:
Date(s) of proposed use:
Estimated attendance:
Contact Person
Name:
Address:
City, State, Zip Code:
Email:
Telephone:
Alternate Telephone:
Time of use (set -up and clean -up time must be included in the time of use): From To
Event official starting and ending times: From
Attachment 1 — City of Schertz/YMCA Facility Sublicense Agreement
Attachment 2 — Decoration Restrictions and Clean -up Requirements
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4838 -1608- 0942.2
To
Attachment I
CITY OF SCHERTZ/YMCA FACILITY SUBLICENSE AGREEMENT
This City of Schertz /YMCA Facility Sublicense Agreement (this "Agreement ") is between the
Young Men's Christian Association of Greater San Antonio (the "YMCA "), acting with authority of the
City of Schertz, Texas, a home rule city and a municipal corporation of the State of Texas (the "City"),
and (the "User ").
The YMCA agrees to furnish the User with the following described space located in the City of
Schertz YMCA Recreation Center:
to be used for the purpose of
and for no other purpose without the written consent of the YMCA for a term commencing:
(Time) (Month) (Day) (Year)
And terminating:
(Time) (Month) (Day) (Year)
The User agrees to pay $ to the YMCA for use of said space and premises, which .
includes a $ security deposit. The User further agrees to pay the YMCA on demand any and
all sums which may be due to the YMCA for additional services, accommodations, materials, or
damages.
2. GENERAL TERMS AND CONDITIONS:
This Agreement is made and entered into upon the following express covenants and conditions,
all and every one of which the User hereby covenants and agrees to keep and perform. This Agreement
is a sublicense agreement, not a lease. The User acknowledges that this Agreement creates no real
property interest in favor of the User. The City shall be a third -party beneficiary of this Agreement.
DAMAGE TO FACILITY:
In case the facility, or any part thereof, shall be destroyed or damaged by fire or by any other
cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of this Agreement by
the YMCA impossible, neither the YMCA nor the City shall be liable or responsible to the User for any
damage or consequential damage caused thereby, provided that the User shall be refunded the unused
portion of payments made.
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4838 - 1608- 0942.2
4. CONTROL OF FACILITY:
In allowing the User to use the facility, the YMCA does not relinquish the right to control the
management thereof and to enforce all necessary and proper rules for the management and operation of
the same; and the employees of the YMCA and the City may enter the same, and all the premises, at any
time and on any occasion.
REMOVAL OF MATERIALS:
All materials and installations placed in the facility by the User shall be removed from the
facility by the end of the contracted time. In the event that this is not done, time will be marked as if the
facility continues in use by the User until the facility is vacated, and the User will be responsible for
continued rental charges.
In the event that the facility is not vacated by the User on the above stated date at the end of the
term for which the facility is reserved, the YMCA is hereby authorized to remove from the facility and
to store at the expense of the User, all goods, wares, merchandise, and property of any and all kinds and
description which may be then occupying the portion of the facility on which the term of this Agreement
has expired; and neither the YMCA nor the City shall be liable for any damage or loss to such goods,
wares, merchandise, or other property which may be sustained, either by reason of such removal or the
place to which it may be removed, and THE USER AND ANY OTHER PERSON HAVING AN INTEREST IN
SUCH PROPERTY HEREBY EXPRESSLY RELEASE THE YMCA AND THE CITY FROM ANY AND ALL CLAIMS
FOR DAMAGES OF WHATEVER KIND OR NATURE.
6. EXTRA HELP:
In case it is necessary to employ outside assistance in the handling of the property of the User,
such employment shall be at the expense of the User.
The User agrees that every contractor, employee, or agent connected with the purpose for which
the facility is made available to the User shall abide by, conform to, and comply with all of the
applicable laws of the United States and the State of Texas, and all the applicable ordinances of the City,
together with all rules and requirements of the Police and Fire Departments of the City, and will not do,
nor permit to be done, anything on such premises, during the term of this Agreement, in violation of any
such rules, laws, or ordinances, and if the attention of the User is called to such violation, the User will
immediately desist from and correct such violations.
SEATING CAPACITY:
In no event shall tickets be sold or dispensed in excess of the seating capacity of the facility, as
determined by the City's Fire Chief.
9. NO DEFACEMENT OF FACILITY OR BUILDING:
The User shall not injure or mar or in any manner deface the facility or the building in which it is
located, and shall not cause nor permit anything to be done whereby such premises shall be in any
manner injured, marred, or defaced, nor shall the User drive, or permit to driven, any nails, hooks, tacks,
or screws in any part of said building, nor shall the User make, or allow to be made, any alterations of
50855853.3 F -4
4838 -1608- 0942.2
any kind therein. Also, the User shall be responsible to insure no objects shall be placed in the drains,
restroom facilities, or any other part of the water or sewer system so that maintenance or repair to the
plumbing is required.
10. RESPONSIBILITY FOR INJURY:
If the facility, or any portion of the building in which it is located, during the term of this
Agreement, shall be damaged by the act, default, or negligence of the User, or of the User's agents,
employees, patrons, guests, or any persons admitted to such premises by the User, the User will pay to
the City, upon demand, such sum as shall be necessary to restore such premises to their present
condition. The User hereby assumes full responsibility for the character, acts, and conduct of all persons
admitted to the premises, or to any portion of the facility or building with the consent of or invitation by
the User, or by or with the consent of the User or the User's employees or any person acting for or on
behalf of the User, and the YMCA reserves the right to require the User to have on hand at all times
sufficient security to maintain order and protect persons and property. In such case, the City's policies
regarding security in City facilities shall apply.
1.1. AISLES CLEAR:
The User will permit no chairs, movable seats, or other obstructions to be or remain in the
entrances, exits, or passageways of the facility or building and will keep same clear at all times.
12. NO OBSTRUCTIONS TO SIDEWALKS, ETC.:
No portion of the sidewalks, entries, passages, vestibules, halls, or ways of access to public
utilities of the facility or the building in which it is located shall be obstructed by the User or used for
any purpose other than for ingress and egress, to and from the premises. The doors, windows, skylights,
or other openings that reflect or admit light into any place in the building, including hallways, corridors,
and passageways, shall not be obstructed by the User.
13. TAXES:
The User shall pay all taxes, if any, on tickets or admissions to the premises during the term
hereof and any license fees and taxes lawfully levied against it during the term hereof.
14. INDEMNITY:
THE USER WILL PROVIDE THE DEFENSE FOR, INDEMNIFY AND HOLD THE CITY AND THE YMCA
HARMLESS FROM ALL COSTS FROM ANY AND ALL CLAIMS, SUITS, CAUSES OF ACTION, AND LIABILITY
FOR DAMAGES OR INJURIES TO ANY PERSON(S) OR DAMAGE TO PROPERTY OCCASIONED BY OR IN
CONNECTION WITH THE USER'S USE OF THE PREMISES AND /OR RESULTING FROM THE PRESENTATION
OF ANY COPYRIGHTED WORK OR MATERIAL OR VIOLATION OF ANY OTHER PROPRIETARY RIGHTS.
15. NO ALCOHOL:
Alcoholic beverages are not permitted in the facility at any time.
50855853.3 F -5
4838 - 1608- 0942.2
16. ATTORNEYS' FEES:
If the YMCA or the City is required to file suit to collect any amount owed it under this
Agreement for the User's use of the premises, the YMCA and the City shall be entitled to collect
reasonable attorneys' fees.
17. NO DISCRIMINATION:
It is understood that the premises are owned by the City and that any discrimination by the User,
its agents, or employees, on account of race, sex, color, religion, or national origin in the use of or
admission to the premises is prohibited.
The YMCA shall have the sole right to collect and have custody of articles left in the facility or
building by persons attending any performance, exhibition, or entertainment given or held on the
premises.
19. CANCELLATION BY CITY:
Violation by the User of any covenant, agreement, or condition contained herein shall be cause
for termination hereof by the YMCA, in which case the User shall be entitled only to refund of the
unused portion of any payment made by it. In addition, the YMCA may likewise cancel this Agreement
if the User should, prior to the date of occupancy hereunder, violate any covenant, agreement, or
condition in any other agreement which the User might have for lease or license of any other City
facilities. The YMCA and/or the City reserve the right to cancel this Agreement at any time, e.g.
before, during, or after any emergency situation deemed by the YMCA or the City to exist. At such
time, notification will be made by telephone or most expedient method reasonably available. Neither the
YMCA nor the City shall be liable or responsible to the User for any damages or inconvenience caused
thereby, provided that the User shall be refunded the unused portion of payments made by it.
20. CANCELLATION BY USER:
All cancellations of contracted events must be submitted to the YMCA in writing. Deposits paid
upon rental reservation will be forfeited if an event is cancelled or if there is a change in the rental
date(s) less than O days prior to an event.
21. HEADINGS:
The paragraph headings contained herein are for convenience in reference and are not intended
to define, extend, or limit any provision in this Agreement.
22. ASSIGNMENTS:
The User shall not assign this Agreement, nor permit any use of the premises other than herein
specified, without the prior written consent of the City Manager.
Neither the YMCA nor the City assumes any responsibility whatever for any property placed in
the facility or building, and both the YMCA and the City is hereby expressly released from
50855853.3 F -6
4838 -1608- 0942.2
responsibility for any loss of or damage to the User's or any guest's personal property that may be
sustained by reason of the occupancy under this Agreement.
24. FACILITY ACCESS /SETUP /CLEANUP TIME:
YMCA staff is scheduled based on the time needed to setup /cleanup for the User's event. If the
User's representative is not present at the contracted time to enter the facility, the person on duty will
wait thirty (30) minutes after which time he or she will leave. The User will need to call the employee
on duty to reschedule a time to enter the facility.
If cleanup extends beyond 1:00 a.m., a
security /cancellation deposit.
25. INSURANCE:
per hour fee will be deducted from the
If the User is a for - profit entity, such User shall obtain and maintain insurance in such types and
amounts as may be required by the City in the City's sole discretion, and such User shall provide the
City with certificates evidencing such required insurance coverage.
IN WITNESS WHEREOF, we have affixed our signatures, this day of ,
201
USER:
Signature:
THE YOUNG MEN'S CHRISTIAN
ASSOCIATION OF GREATER SAN ANTONIO:
President and CEO
Printed Name:
Name and address for security /cancellation deposit refund (if applicable):
Name:
Address:
City, State, Zip Code:
50855853.3 F -7
4838 -1608- 0942.2
Attachment 2
Decoration Restrictions and Clean -up Requirements
** *The Damage Deposit Will Not be Refunded if the Decoration Restrictions
and Clean -up Requirements are Violated * **
Decoration restrictions
Nails, thumb tacks, and push pins will not be permitted to be driven into or applied to the walls, floors,
partitions, or any other portion of the facility.
Tape (masking, scotch, painters, or duct) will not be permitted to be used or applied to walls, floors,
partitions, ceiling, or any other portion of the building unless approved in advance by the YMCA.
Glitter, rice, birdseed, confetti, grains, etc. inside the facility is strictly prohibited.
Clean -up requirements
The User will be responsible for the following:
1. Litter: All paper, cups, plates, foil, and decorations, eta must be picked up and placed in a trash
receptacle.
2. Tables and Chairs: Must be cleaned of litter and wiped off to rid them of spilled drinks and
foodstuff. The User will not be required to dismantle or fold tables and chairs.
3. Restrooms: All personal items, paper products, etc. must be picked up and placed in a trash
receptacle.
The User will be required to remove all personal effects and decorations from the facility.
The person named below will be responsible on behalf of the User to see that the facility is clean
and to check for damages. The security /cancellation /damage deposit refund will be mailed to the person
who signed the City of Schertz /YMCA Facility Sublicense Agreement.
Printed Name:
Address:
City, State:
Phone Number:
Signature of the User's Representative:
50855853.3 F -8
4838 - 1608- 0942.2
EXHIBIT G
Acknowledgement of Aquatic Facility Completion Date
The parties confirm that the Aquatic Facility Completion Date is ,
and that the end of the initial term of this Agreement is
CITY OF SCHERTZ, TEXAS,
a Texas home rule city
C
John C. Kessel,
City Manager
50855853.3 G -1
4838 - 1608- 0942.2
YOUNG MEN'S CHRISTIAN
ASSOCIATION OF
GREATER SAN ANTONIO,
a Texas non - profit corporation
By:
Name:
President and CEO
EXHIBIT H
Scope of Work for the Outdoor Pools
I. Pickrell Park Pool
A. Schedule
1. Dates of Operation: the three -month active term
(approximately May 24- August 24 of each year of this Contract)
2. Hours of Operation: Mon, Tues, Wed, Fri, Sat, Sun
Pool will be closed for cleaning on Thursday
B. Employee Requirements
1. Minimum four guards on stands, one roving guard
and one guard at wading pool
2. Minimum one manger on duty
3. Minimum one cashier on duty
C. Services to be provided by YMCA
1. Maintain proper PH and chlorine levels
(chemicals to be provided by Schertz)
2. Vacuum pools and hose down deck
3. Clean locker rooms /restrooms
4. Empty trash receptacles
5. Collect admittance fees
6. Records maintenance
IL Northcliffe Pool
A. Schedule
1. Dates of Operation (approximately May 24 — August 24 of each year of
this Contract)
2. Hours of Operation: Mon, Wed, Thurs, Fri, Sat, Sun
Pool will be closed for cleaning on Tuesday
B. Employee Requirements
1. Minimum two guards on stands, one roving guard,
and one guard at wading pool
2. Minimum one manger on duty
3. Minimum one cashier on duty
C. Services to be provided by YMCA
1.
Maintain proper PH and chlorine levels
(chemicals to be provided by Schertz)
2.
Vacuum pools and hose down deck
3.
Clean locker rooms /restrooms
4.
Empty trash receptacles
5.
Collect admittance fees
6.
Records maintenance
H -1
4838- 1608 - 0942.2
111. Schertz shall provide the following:
Required chemicals
Routine maintenance
Emergency repairs
H -2
4838 -1608- 0942.2