09-13-2016 Agenda with backup City Council Agenda
REGULAR SESSION CITY COUNCIL
SEPTEMBER 13, 2016, 6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
COMMUNITY.SERVICE.OPPORTUNITY
09-13-2016 Council Agenda
Policy Values
Safe Community
Essential Services
High Quality of Life
Attractive Community
Economic Prosperity
Fiscally Sustainable
AGENDA
TUESDAY, SEPTEMBER 13, 2016 AT 6:00 P.M.
Call to Order – City Council Regular Session
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Mayor Carpenter)
City Events and Announcements
• Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez)
• Announcements and recognitions by City Manager (J. Kessel)
Presentation
• Guadalupe Regional Medical Center – Prescription Assistance Program report.
(D. Wait/Jerry Riggs)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person should
fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than
3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while addressing the
Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of specific
factual information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the
09-13-2016 City Council Agenda Page - 2 -
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 Regular
Meeting of September 6, 2016. (J. Kessel/B. Dennis)
2. Excused Council Absences – Consideration and/or action excusing City Council Member
absences for the following date: September 6, 2016. (B. Dennis/Mayor/Council)
3. Ordinance No. 16-S-32 – ZC2016-007 – Conduct a Public Hearing and consideration
and/or action approving an Ordinance on a request to rezone approximately 90 acres of land
generally located 1,375 feet southeast of the Trainer Hale Road and FM 1518 intersection,
from Pre-Development District (PRE) to Planned Development District (PDD) with
associated Master Development Plan. The property is specifically described as 88.85 acres
of land situated in the Eligio Gortari Survey No. 2, Abstract No. 5, County Block 5193, City
of Schertz, Bexar County, Texas. First Reading (B. James/L. Wood/B. Cox/C. Gould)
4. Cancellation of the October 4, 2016 City Council Meeting – Consideration and/or action
cancelling the October 4, 2016 City Council meeting due to National Night Out. (J.
Kessel/B. Dennis)
5. Resolution No. 16-R-72 – Consideration and/or action approving a Resolution authorizing a
contract with The Ovid Bell Press, Inc. for printing services. (S. Gonzalez/L. Klepper)
Roll Call Vote Confirmation
Requests and Announcements
6. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
7. 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.
PH
09-13-2016 City Council Agenda Page - 3 -
8. 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, DONNA SCHMOEKEL, DEPUTY 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 9th DAY OF SEPTEMBER, 2016 AT 9:30
A.M. WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND
THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS
GOVERNMENT CODE.
Donna Schmoekel
Donna Schmoekel, Deputy City Secretary
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE
OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2016.
____________________________Title:__________________________
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking
spaces are available. If you require special assistance or have a request for sign interpretative services or
other services please call 210-619-1030.
The City Council for the City of Schertz reserves the right to adjourn into executive session at any
time during the course of this meeting to discuss any of the matters listed above, as authorized by the
Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City’s legal
counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a
written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental
body and constitutes an opinion by the attorney that the items discussed therein may be legally
discussed in the closed portion of the meeting considering available opinions of a court of record and
opinions of the Texas Attorney General known to the attorney. This provision has been added to this
agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter
551.144(c) and the meeting is conducted by all participants in reliance on this opinion.
09-13-2016 City Council Agenda Page - 4 -
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter
Audit Committee
Interview Committee for Boards and Commissions
Investment Advisory Committee
TIRZ II Board
Councilmember Fowler – Place 1
Interview Committee for Boards and Commissions
Schertz Housing Board Liaison
Randolph Joint Land Use Study (JLUS) Executive
Committee
Schertz Seguin Local Government Corporation
Councilmember Azzoz – Place 2
Animal Control Advisory Committee
Sweetheart Advisory Committee
Councilmember John – Place 3
Lone Star Rail District
Mayor Pro-Tem Edwards – Place 4
Audit Committee
Hal Baldwin Scholarship Committee
Interview Committee for Boards and Commissions
Cibolo Valley Local Government Corporation
Councilmember Thompson – Place 5
Audit Committee
Investment Advisory Committee
Total number of patients served by the program 1169
Total number of Schertz residents served by the program 28
Total number of prescriptions provided by the program 19536
Retail dollar value of prescriptions provided by the PAP 4,785,250.52$
Retail dollar value of prescriptions provided to Schertz residents by PAP 185,729.75$
Number of prescriptions per Schertz patient per month 3.97
Average prescription retail price (3 month supply) per Schertz patient 835.37$
Average annual retail prescription benefit per Schertz patient 13,266.36$
SOURCES OF PROGRAM FUNDS (ANNUAL)
Schertz contribution to the program 5,000.00$
Contributions to the PAP of other cities & other goverments (Seguin)-$
Contributions to program by GRMC Employees 4,019.78$
Payments by patients ($15.00/month/patient)140,037.01$
Grants received for the program (United Way)5,000.00$
Other sources of funds (identify sources)
Rebate from True Track Testing Devices 748.08$
Seguin Noon Lions Club 300.00$
Private 2,405.95$
157,510.82$
(326,376.24)$
TOTAL REVENUE
TOTAL EXPENSES
Exhibit A
Report Information
Guadalupe Regional Medical Center
Prescription Assistance Program for Schertz Enrollees
March 1, 2015 thru August 31, 2016
BENEFIT
(168,865.42)$ TOTAL NET
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: September 13, 2016
Department: City Secretary
Subject: Minutes
BACKGROUND
The City Council held a Regular Meeting on September 6, 2016.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the Regular Meeting of September 6, 2016.
ATTACHMENTS
Regular Meeting of September 6, 2016.
09-06-2016 Minutes Page - 1 -
MINUTES
REGULAR MEETING
September 6, 2016
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September
6, 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 Grumpy Azzoz Councilmember Daryl John
Councilmember Robin Thompson
Staff Present: City Manager John Kessel
Executive Director Brian James Executive Director Dudley Wait
City Attorney Charles Zech Assistant to the City Manager Sarah Gonzalez
Deputy City Secretary Donna Schmoekel
Mayor Pro-Tem Cedric Edwards was absent.
Call to Order – City Council Regular Session
Mayo r Carpenter called the meeting to order at 6:01 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Councilmember John)
Councilmember John provided the opening prayer followed by the pledges of allegiance to the flags
of the United States and the State of Texas.
City Events and Announcements
• Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez)
Mayor Carpenter recognized Executive Director Brian James who provided the following
announcements:
• Thursday, September 8, Northeast Partnership Meeting, Olympia Hills Golf and
Conference Center, 11:30 a.m.
• Friday-Saturday, September 16-17, Schertzfest – visitschertz.com for more info.
• Tuesday, September 20, The Chamber Monthly Luncheon, 11:30 a.m.-1:00 p.m. at the
Schertz Civic Center – RSVP your attendance by September 13.
• Saturday, October 1, Rods, Hawgs & Dogs, an event by the Schertz Parks &
Recreation Department/Public Affairs Department at Pickrell Park, 5-9 p.m.
• October 1-16, Schertz Fall Clean Up event.
• Tuesday, October 4, National Night Out – No Council meeting.
09-06-2016 Minutes Page - 2 -
Election Reminders for voters:
1) Last Day to Register to Vote – Tuesday, October 11, 2016.
2) First Day of Early Voting – Monday, October 24, 2016.
3) Last Day of Early Voting – Friday, November 4, 2016.
4) Election Day – Tuesday, November 8, 2016.
• Announcements and recognitions by City Manager (J. Kessel)
No announcements were made.
New Employee Recognitions:
• Fire Department: Firefighters Sawyer Marks, Donald Scibienski and Tyler Wencka
• IT: Senior Systems Administrator Kent David
• Public Works: Drainage – Drainage Worker 1 Nathan DeHaven
Each new staff member was introduced to Council by their Department Manager/Supervisor who
also provided a short bio on them. Each employee was allowed an opportunity to speak if they
wished.
Employee Recognition
• Recognition of 20 years of Service to Jim Busch. (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who introduced and recognized Mr.
Jim Busch for his 20 years of service. Mr. Kessel provided information on his tenured career
with the City of Schertz. Mayor, Council and Management congratulated Mr. Busch for his
many years of service to the City of Schertz. Mr. Busch stated it was a privilege to work here.
Proclamation
• Proclamation recognizing National Payroll Week. (Mayor Carpenter/Members of the Alamo
Chapter American Payroll Association & Schertz Finance Department)
Mayor Carpenter recognized two members of the Alamo Chapter of the American Payroll
Association and Senior Payroll Specialist Elizabeth Wiley of the Schertz Finance Department.
Mayor Carpenter read and presented a proclamation to each of them.
Hearing of Residents
Mayor Carpenter recognized the following individuals who spoke:
• Mr. Trawick Womack, 8519 Tuscan Hills, Garden Ridge TX, who spoke about his
recommendation that council consider expanding the sewage lines up along IH 35, which
would probably expedite and encourage more development in that area.
• Master Bennett Berghoefer, a student of Kung Jung Mu Sul, 1196 FM 78 in Schertz, who
spoke about some programs and events at their martial arts learning center.
09-06-2016 Minutes Page - 3 -
Discussion and Action Items.
1. Minutes – Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of August 30, 2016. (J. Kessel/B. Dennis)
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by
Councilmember Thompson to approve the minutes of the regular meeting of August 30, 2016.
The vote was unanimous with Councilmembers Fowler, Azzoz, John and Thompson
voting for and no one voting no. Mayor Pro-Tem Edwards was absent.
2. Ordinance No. 16-T-29 – Consideration and/or action approving an Ordinance on the
proposed FY2016-17 Budget. Final Reading (J. Kessel/J. Walters)
The following was read into record:
ORDINANCE NO. 16-T-29
AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2016, AND ENDING SEPTEMBER 30, 2017, IN ACCORDANCE WITH
THE CHARTER OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE
FILING OF THE BUDGET; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
Mayor Carpenter recognized Finance Director Juan Santoya who stated he was here tonight to
present the final reading of the budget. Mr. Santoya provided a PowerPoint presentation with
the following highlights:
RECENT BUDGET PRESENTATONS:
• 3 Community Presentations
- August 11th – Corbett Jr. High
- August 17th – North Community Center
- August 18th – Schertz United Methodist Church
• Budget Workshop
-August 9th – Council Chambers
* Anyone with questions or requests for more information may see him in the staff room
in the back after the public hearing.
ALL FUNDS – REVENUES
General Fund $28,524,850
Special Events Fund 130,350
PEG Fund 113,300
Water & Sewer Fund 20,594,058
09-06-2016 Minutes Page - 4 -
EMS Fund 9,044,267
Drainage Fund 1,148,200
Hotel Tax 611,452
Park Fund 185,000
Tree Mitigation 142,000
Capital Recovery Water 1,040,600
Capital Recovery Sewer 625,500
I&S Fund 6,614,581
Other Funds 34,810
SEDC 3,738,260
Grand Total $72,547,228
ALL FUNDS – EXPENSES
General Fund $28,516,699
Special Events Fund 130,350
PEG Fund 108,600
Water & Sewer Fund 20,574,656
EMS Fund 8,928,351
Drainage Fund 1,122,764
Hotel Tax 260,995
Park Fund 185,000
Tree Mitigation 142,000
Capital Recovery Water 156,000
Capital Recovery Sewer 235,500
I&S Fund 6,614,581
09-06-2016 Minutes Page - 5 -
Other Funds 33,750
SEDC 2,062,617
Grand Total $69,071,863
NEW EMPLOYEES
• 3 Firefighters for Station 3 (approved August 2nd)
• 3 Police Officers
• 2 Paramedics
• 1 IT Employee
• Make a Seasonal Park Worker regular Part Time
• Make a Part Time Facilities Technician Full Time
CHANGE MEMO
• General Fund:
-All of the 4.9% Health Insurance increase covered by City
-Vehicle for New Patrol Officer
-Replace Police Cameras
-Additional Funding for the Junior Fire Academy
-Making a Seasonal Park Worker a Regular Part Time employee
-Additional Funding for Library Materials
-Moving a Facilities Technician I from Part Time to Full Time
• Parkland Dedication:
-Additional Funding to cover the Playscape Restroom Project
GENERAL FUND
Revenues $28,524,850
Expenditures 28,516,699
Increase of Fund Balance 8,151
Beginning Fund Balance 9,295,054
Use of Vehicle Replacement -43,278
Ending Fund Balance 9,259,927
25% Reserve Policy $7,105,737
2016 – 5 YEAR FORECAST
FY2016 FY2017 FY2018 FY2019 FY2020 FY2021
Revenue 26,523,587 28,481,572 29,658,342 30,808,595 32,017,014 33,456,752
09-06-2016 Minutes Page - 6 -
Expense 25,293,887 28,516,669 29,837,859 30,719,131 31,752,872 32,883,265
Reserve
Funding 1,229,700 (35,127) (179,517) 89,464 264,141 573,487
M&O Fund
Balance 9,294,904 9,259,777 9,080,260 9,169,724 9,433,865 10,007,352
25% Goal 6,233,322 7,105,737 7,435,715 7,676,033 7,913,218 8,182,066
Over/Under 3,061,582 2,154,040 1,644,545 1,493,691 1,520,647 1,825,286
Mr. Santoya announced that the final vote will be held tonight Tuesday, September 6, 2016.
Staff recommends approval of final reading.
Mayor Carpenter recognized Councilmember Azzoz who complimented staff on all their hard
working preparing the budget – an excellent job was done on this. Mayor Carpenter also
added his thanks to staff for their diligence.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Thompson to approve Ordinance No. 16-T-29 final reading. The vote was
unanimous with Councilmembers Fowler, Azzoz, John and Thompson voting for and no
one voting no. Motion passed. Mayor Pro-Tem Edwards was absent.
3. Ordinance No. 16-T-30 – Consideration and/or action approving an Ordinance on the
proposed FY 2016-17 Tax Rate. Final Reading (J. Kessel/J. Walters)
The following was read into record:
ORDINANCE NO. 16-T-30
AN ORDINANCE APPROVING THE APPRAISAL ROLL; SETTING THE TAX
RATE; LEVYING AND ASSESSING GENERAL AND SPECIAL AD VALOREM
TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF
THE CITY OF SCHERTZ, TEXAS; APPORTIONING THE LEVIES FOR SPECIFIC
PURPOSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Carpenter recognized Finance Director Juan Santoya who stated at the August 9, 2016
regular session the City Council, by record vote, established a proposed preliminary
09-06-2016 Minutes Page - 7 -
maximum tax rate of $0.4911, per $100 of value, with the M&O rate at $0.3168 and the I&S
portion of $0.1743. The proposed rate is not subject to rollback.
The proposed maximum rate maintains quality service to residents and businesses and
provides growth in service offerings based on input staff received from Citizens and Council
from Retreats, Community Meetings, and elections. The current property tax rate is $0.4911
per $100 valuation. The proposed maximum tax rate will remain the same at $0.4911 per $100
valuation. The M&O portion of the property tax rate will increase to $0.3168 from $0.3159
per $100 valuation. The I&S portion will decrease to $0.1743 from $0.1752 per $100
valuation.
Mr. Santoya provided a PowerPoint presentation with the following highlights:
Tax Rate:
Effective: Is a calculated rated that would provide the
taxing unit with about the same amount of
revenue it received in the year before on
properties taxed in both years.
Rollback: Is a calculated maximum rate allowed by law
without voter approval.
Current: The rate currently adopted by the City.
Proposed Max: The maximum rate set at which the final adopted
rate cannot exceed.
Tax Rate:
Effective: $0.4803
Rollback: $0.5080
Current: $0.4911
Proposed Max: $0.4911 Proposed budget is balanced at this rate
$0.01 is equal to $325,598 revenue or $20.00 on the average Home.
Target Tax Rate:
Tax Current Proposed
Rate Maximum
M&O $0.3159 $0.3168 For day to day operations
I&S $0.1752 $0.1743 To pay the City’s debt
Total $0.4911 $0.4911
FY2015-16 City Tax Rate:
• At $0.4911 –
Existing residents average tax bill:
2015 Tax Bill = $913.45 Avg Home Value $186,000
09-06-2016 Minutes Page - 8 -
2016 Tax Bill = $934.32 Avg Home Value $190,250
Increase =$ 20.87
New Residents Average Tax Bill 2016 Tax Bill = $982.20 Home value of
$200.000
2016 Property Taxes
0.00
0.50
1.00
1.50
2.00
2.50
3.00
Guadalupe Comal Bexar
SA River Auth
Univ Health
System
Road
College
County
School
City of Schertz
Staff recommends that the City Council approve Ordinance No. 16-T-30 approving the Fiscal
Year 2016-17 Proposed Tax Rate on final reading. The motion is “I move that property taxes
be increased by the adoption of a tax rate of $0.4911, which is effectively a 2.2% increase in
the tax rate.”
Mayor Carpenter recognized Councilmember Azzoz who wanted to express his thanks to the
taxpayers – without them we could not achieve our goals. He also thanked staff. Mayor
Carpenter stated he wanted to point out that we have increased the amount we are spending on
M&O but we have decreased the amount we need to decrease our debt position. This is
09-06-2016 Minutes Page - 9 -
moving in the correct direction and shows we have our financial house in order. A job well
done by staff!
Mayor Carpenter recognized Councilmember Fowler who pointed out in the five year forecast
plan we have maintained our same tax rate for the past three years. He thinks these are good
signs across the board of good management by all departments. He congratulated and thanked
staff and said he is proud of everyone.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Fowler that the property taxes be increased by the adoption of a tax rate of
$0.4911, which is effectively a 2.2% increase in the tax rate, approving Ordinance No. 16-T-
30 on final reading. The vote was unanimous with Councilmembers Fowler, Azzoz, John
and Thompson voting for and no one voting no. Motion passed. Mayor Pro-Tem
Edwards was absent.
Roll Call Vote Confirmation
Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who provided the roll call
votes for agenda items 1-3.
Requests and Announcements
4. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Mayor Carpenter recognized City Manager John Kessel who expressed his thanks to two
employees, Director of Parks, Recreation and Community Services Chuck VanZandt and
Public Works Manager Doug Letbetter for their diligent efforts in keeping up with mowing in
the city as a result of the fast growth of the grass/weeds due to all the recent rains. They have
worked very hard on Schertz Parkway and on FM 3009, working in connection with TxDOT.
These two staff members and their respective crews have really done a great job.
5. Future Agenda Item Request for City Council: This is an opportunity for City Council
members to request that items be placed on a future agenda. No discussion of the merits of
the item may be taken at this time. Should a Council Member oppose placement of the
requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the
consensus of the other City Council members to place or not place the item on a future
agenda.
Mayor Carpenter recognized Councilmember Thompson who said, in regard to TxDOT,
several citizens have contacted him regarding the light at Savannah and FM 3009
continuously blinking and traffic continues to be backed up. City Manager John Kessel said a
technician had been out there about 5:30 p.m. He thanked Mr. Thompson for his information.
09-06-2016 Minutes Page - 10 -
6. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
No further announcements were made.
Executive Session
Mayor Carpenter recessed the regular meeting at 6:50 p.m. into executive session under the following
section:
7. City Council will meet in closed session under section 551.087 of the Texas Government
Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The
governmental body is not required to conduct an open meeting (1) to discuss or deliberate
regarding commercial or financial information that the governmental body has received from
a business prospect that the governmental body seeks to have locate, stay, or expand in or near
the territory of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial or other
incentive to a business prospect.
• Project E-025
Reconvene into Regular Session
Mayor Carpenter reconvened back into the regular session at 7:13 p.m.
7a. Take any necessary action based on discussions held in closed session under Agenda Item
number 7.
No action was taken on this item.
Roll Call Vote Confirmation
Adjournment
Mayor Carpenter adjourned the meeting at 7:14 p.m.
________________________________
Michael R. Carpenter, Mayor
ATTEST:
__________________________________
Donna Schmoekel, Deputy City Secretary
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: September 13, 2016
Department: Mayor/Council
Subject: Excused Council Absences –
Consideration and/or action excusing
City Council Member absences
BACKGROUND
Per the revised Charter approved by voters on November 3, 2015, regarding Council absences,
Section 4.06 (3) Vacancies, Forfeiture, Filling of Vacancies, “Failure to regularly attend City
Council meetings without an approved absence obtained by a majority vote by City Council
either before or after the absence. There shall be a presumption of failure to regularly attend
when three (3) regular meetings are missed during a term year without obtaining an approved
absence from City Council.” An affirmative vote of a majority of Council approving the
Council’s absences is required for the following:
09-06-2016 Regular Council Meeting Mayor Pro-Tem Cedric Edwards
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the absence as listed above.
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: September 13, 2016
Department: Planning & Community Development
Subject: Ordinance No. 16-S-32 – Conduct a public
hearing for consideration and/or action on a
request to rezone approximately 90 acres of
land generally located 1,375 feet southeast
of the Trainer Hale Road and FM 1518
intersection, from Pre-Development District
(PRE) to Planned Development District
(PDD) with associated Master Development
Plan. The property is specifically described
as 88.85 acres of land situated in the Eligio
Gortari Survey No. 2, Abstract No. 5,
County Block 5193, City of Schertz, Bexar
County, Texas. (First Reading)
BACKGROUND
Triple H Development, LLC is requesting to rezone approximately 90 acres of land from Pre-
Development District (PRE) to Planned Development District (PDD) in order to develop a single
family residential subdivision with up to 147 single-family residential units and approximately
36 acres of public parkland. The property currently has one single family dwelling unit and the
remainder is undeveloped.
The proposed zoning consists of a base zoning of Single Family Residential District (R-1) with
modified dimensional requirements and other specific development standards. Below is a list
summarizing the most significant proposed modifications to the requirements of the Unified
Development Code (UDC). Please review the PDD to view all modifications.
1. Section II - Dimensional Requirements-The PDD proposes to meet the R-1 zoning
district setbacks of 25' front yard, 10' side yard, and 20' rear yard with the exception that
up to 20 linear feet of the building width may have a reduced minimum rear yard setback
of 10 feet to allow for more flexibility in home design.
2. A minimum thirty-nine percent (39%) of the gross total acreage will be provided as open
space and parkland. This total includes the acreages of the detention lots.
City Council Memorandum
Page 2
3. A 70-foot landscape buffer is proposed along FM 1518 in lieu of an 8-foot tall masonry
wall.
4. Two (2) primary entrance signs are proposed - one for each entrance.
5. The applicant is proposing a wider street cross-section to allow for on-street parking
along the street section adjacent to the northern parkland.
6. The development of the subject property shall generally conform to the attached Master
Development Plan exhibit.
The public hearing notice was published in “The Daily Commercial Recorder” on August 26,
2016 and the “Herald” on August 31, 2016. Nine (9) public hearing notices were mailed to
surrounding property owners within two hundred (200) feet of the subject property on August
12, 2016. At the time of this report being prepared, Staff received one (1) response in favor of
the request and two (2) responses in opposition of the request.
Goal
Triple H Development, LLC is requesting to rezone the approximate 90 acres tract of land from
Pre-Development District (PRE) to Planned Development District (PDD) in order to create a
single family residential development with a generous amount of public parkland.
Community Benefit
It is the City’s desire to promote safe, orderly, efficient development and ensure compliance with
the City’s vision of future growth.
Summary of Recommended Action
Staff reviewed the request for conformance with the Comprehensive Land Plan and the Schertz
Sector Plan. The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP)
designates the majority of the subject property as Estate Neighborhood with a portion of the site
being within the Transition land use/character. The Estate Neighborhood land use/character is
intended to address residential development patterns within the Residential Agriculture zoned
property within South Schertz. Alternative Development options for the Estate Neighborhood
Land Use/Character area designation are available to encourage clustering in order to provide for
more open space.
The proposed PDD includes a total of 147 single family dwelling units, which is equal to 1.65
dwelling units per acre. This is less than the maximum density of 2 dwelling units per acre as
identified by the Comprehensive Land Use Plan and the Estate Neighborhood Land
Use/Character. The proposed layout clusters the residential lots off FM 1518 to allow for open
space areas at the northerly and southeasterly portions of the project site. The cluster design
concept, in contrast to larger residential lots that are distributed across the entire project site,
accommodates the proposed parklands and is consistent with the alternative development option
that encourages preservation of greater open space in the Estate Neighborhood Land
Use/Character area designation.
City Council Memorandum
Page 3
Comprehensive Plan Goals and Objectives: The proposed zoning request is generally in
conformance with the goals and objectives of the Comprehensive Plan. In particular, the
proposed zoning change will concentrate the proposed residential lots off FM 1518 so that the far
northerly and easterly portions of the site could be dedicated as public parkland, thereby creating
large usable open space with connectivity potential.
• Impact of Infrastructure: The proposed zoning request should have a minimal impact on
the existing and planned water and wastewater systems in the area since the proposed
residential use is consistent with the anticipated future development in southern Schertz.
• Impact of Public Facilities/Services: The proposed zoning request should have a minimal
impact on public services, such as schools, fire, police, parks and sanitation services since
the proposed residential uses are currently planned for the subject property.
Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently
surrounded by single family residential, agricultural use and undeveloped land. Within the
localized area around the project, there is existing residential development on the west side of
FM 1518 and new residential construction around the FM 1518 and Lower Seguin Road
intersection. It is Staff’s opinion that the rezoning request is compatible with the surrounding
properties.
Parks: The Master Development Plan shows approximately 36 acres of parkland that will be
dedicated to the City of Schertz as a public park. In accordance with UDC, Sec. 21.9.10 Park
and Open Space Dedication requirements the Parks and Recreation Advisory Board met on
August 22, 2016 and made a recommendation to accept the parkland dedication.
FISCAL IMPACT
None
RECOMMENDATION
The Planning and Zoning Commission conducted a public hearing on August 24, 2016 and
offered a recommendation of approval with a condition to revise the language of Section II of the
PDD development standards to clearly define how lot width is measured. The requested revision
has been made and incorporated into the attached Ordinance.
Staff recommends approval of the rezoning request based on its compatibility with the adjacent
land uses and compliance with the Comprehensive Land Plan.
ATTACHMENT
Ordinance No. 16-S-32
ORDINANCE NO. 16-S-32
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 90
ACRES OF LAND FROM PRE-DEVELOPMENT DISTRICT (PRE) TO PLANNED
DEVELOPMENT DISTRICT (PDD).
WHEREAS, an application to rezone approximately 90 acres of land generally located east of
FM 1518 approximately 1,375 southeast of the intersection of FM 1518 and Trainer Hale Road,
and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the
“Property”) has been filed with the City; and
WHEREAS, the City’s Unified Development Code Section 21.5.4.D. provides for certain
criteria to be considered by the Planning and Zoning Commission in making recommendations to
City Council and by City Council in considering final action on a requested zone change (the
“Criteria”); and
WHEREAS, on August 24, 2016, the Planning and Zoning Commission conducted a public
hearing and, after considering the Criteria, made a recommendation of approval of the rezoning
according to the development standards set forth in Exhibit C attached herein (the “Development
Standards”); and
WHEREAS, on September 13, 2016 the City Council conducted a public hearing and after
considering the Criteria and recommendation by the Planning and Zoning Commission,
determined that the requested zoning be approved as provided for herein.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. The Property as shown and more particularly described in the attached Exhibit
A and Exhibit B, is hereby zoned Planned Development District (PDD).
Section 2. The Official Zoning Map of the City of Schertz, described and referred to in
Article 2 of the Unified Development Code, shall be revised to reflect the above amendment.
Section 3. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 4. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 5. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 6. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 7. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 8. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
Section 9. 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 13th day of September, 2016.
PASSED, APPROVED AND ADOPTED on final reading the 27th day of September, 2016.
____________________________________
Michael R. Carpenter, Mayor
ATTEST:
________________________________
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
Exhibit A
“The Property”
Exhibit B
“The Property”
Exhibit C
“The Development Standards”
HALLIES COVE
An Estate Neighborhood Planned Development District
Schertz, Bexar County, Texas
TBPE # F-10747
August 2016
C-1
Table of Contents
I. General
AFFECTED UDC ARTICLES
II. Zoning Districts (Article 5)
• Dimensional Requirements Residential Zoning Districts Table 21.5.7(A)
• Estate Neighborhood Planned Development District (ENPDD) - Section 21.5.13(F)(2)
o Open Space Requirements
III. Site Design Standards (Article 9)
• Screening and Fencing – Section 21.9.8(C)
o Screening Along Arterial Roadways
IV. Signs and Advertising Devices (Article 11)
• Subdivision Entry Signs – Section 21.11.15(D)
o Maximum Number of Signs
V. Transportation (Article 14)
• Streets – Section 21.14.1(P)
o Street Improvements
VI. Amendments to the Planned Development District (PDD)
APPENDIX
Exhibit “A” - Zoning Exhibit
Exhibit “B” - Metes and Bounds
Exhibit “C” – Survey
Exhibit “D” – Entry Sign Locations
Exhibit “E” – Street Parking Section
Exhibit “F” – Master Development Plan
C-2
I. General
Hallies Cove is a proposed 88.85 acre single family residential development in the City
of Schertz, Bexar County, Texas. Located along FM 1518, approximately 2,800 feet
north of IH 10, the property is mostly undeveloped pasture with areas of floodplain.
Because of its proximity to the floodplain and the ability to offer some significant open
space for use by the City of Schertz linear trail system, Hallies Cove intends to use a
residential cluster option in order to maximize the open space available.
Except as noted herein, the property will develop in accordance with the Estate
Neighborhood Planned Development District (ENPDD) as specified in the Unified
Development Code (UDC). Unless otherwise specified herein, all future development on
the Property shall be governed by the UDC as amended.
AFFECTED UDC ARTICLES
II. Zoning Districts (Article 5)
Dimensional Requirements Residential Zoning Districts Table 21.5.7(A).
All buildable lots in Hallies Cove will meet the dimensional requirements for the R-1
zoning district with the exception that a maximum of twenty (20) linear feet of the
building width may have a reduced minimum rear yard setback of ten (10) feet. Building
width shall be measured in a straight line parallel to the lot width as defined by the UDC.
Estate Neighborhood Planned Development District (ENPDD) Section 21.5.13(F)(2)
Open Space Requirement:
Hallies Cove will provide 39 percent (39%) of the gross total acreage and will provide for
more spacious lots with an R-1 density rather than using an extra dense lot size to meet
the requirements of the ENPDD.
III. Site Design Standards (Article 9)
Screening and Fencing – Section 21.9.8(C)
Screening Along Arterial Roadways:
Hallies Cove will provide 70 feet of landscape buffer to include shrubs, trees, and
meandering berms along its entire frontage of FM 1518 in lieu of the 8’ tall masonry wall.
C-3
IV. Signs and Advertising Devices (Article 11)
Subdivision Entry Signs – Section 21.11.15(D)
Maximum Number of Signs:
Hallies Cove will have two (2) primary entrance signs. See Attached Exhibit for location.
V. Transportation (Article 14)
Streets – Section 21.14.1(P)
Street Improvements:
Hallies Cove will use a wider local street - residential section to provide dedicated
parallel parking to the public for access to the proposed northern parkland. The street
section will be adjacent to the open space and is described in Table 1. See attached
Exhibit for cross-section.
Table 1
Classification ROW Pavement Drainage
Width
Sidewalk
Width
Hike /
Bike Trail
Local Street;
Residential
with parallel
parking
55’ 35’
Curb or
Curb and
Gutter
5 feet both
sides N/A
VI. Amendments to the Planned Development District (PDD)
Any significant future changes from the established Dimensional Requirements for the
approved PDD, or changes that alter the concept of the PDD and/or increase the
density, will cause the plan to be re-submitted for approval by the Planning & Zoning
Commission and the City Council, including a new public hearing with applicable fees.
Minor changes which do not change the concept or intent of the development shall be
approved or denied administratively. Adjustments to detention areas as a result of
stormwater management will be considered a minor change.
C-4
Exhibit A
C-5
Exhibit B
C-6
C-7
Exhibit C
C-8
Exhibit D
C-9
Exhibit E
C-10
Exhibit F
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: September 13, 2016
Department: Administration
Subject: Cancellation of the October 4, 2016 City
Council meeting
BACKGROUND
Traditionally, Council cancels the regular Council Meeting on the first Tuesday of October in
observance of National Night Out. Staff recommends cancelling the October 4, 2016 City
Council meeting.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the cancellation of the October 4, 2016 City Council
meeting.
Agenda No. 5
CITY COUNCIL MEMORANDUM
City Council Meeting: September 13, 2016
Department: Public Affairs
Subject: Resolution No. 16-R-72 – A Resolution by
the City Council of the City of Schertz,
Texas authorizing a contract with The Ovid
Bell Press, Inc. for Printing Services BACKGROUND
The City desires to procure printing services for the printing and mailing of Schertz Magazine.
Scope of work will include proper printing and assembly for monthly editions of the Schertz
Magazine to produce a high quality publication. The City produces twelve (12) issues a year in
monthly increments.
The project was publicly bid using a Request for Proposals (RFP). This method allows the City
to choose a contractor not only based on cost, but on qualifications and experience as well. Five
bids were received for this project. Staff has chosen to recommend The Ovid Bell Press, Inc. for
this project. The Ovid Bell Press, Inc. was the lowest bidder, and after evaluation of the review
committee, staff determined that The Ovid Bell Press, Inc. was also the best value selection
based on the rest of the criteria including experience, qualifications, reputation, capability, past
performance, experience with other entities, experience with similar projects, available
resources, and firm history and stability.
Community Benefit
Schertz residents will continue to receive a high quality monthly publication - Schertz Magazine
- at a low cost to the City.
Summary of Recommended Action
Staff recommends Council approve hiring The Ovid Bell Press, Inc. for an annual contract
amount not to exceed $87,000.00 for Printing Services.
FISCAL IMPACT
Funds have been budgeted and approved for this activity. The project will be paid for from the
Schertz Magazine budget, code 101-172-541350
RECOMMENDATION
Staff recommends Council approval of Resolution 16-R-72
ATTACHMENTS
Resolution 16-R-72
Exhibit A: Agreement for Printing Services
RESOLUTION NO. 16-R-72
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A CONTRACT WITH THE OVID BELL PRESS, INC FOR
PRINTING SERVICES AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the Public Affairs Department is charged with the responsibility of
maintaining City of Schertz (the “City”) publications such as Schertz Magazine; and
WHEREAS, in order to fulfill its responsibility as set forth above, the City has
identified a need for printing services; and
WHEREAS, five bids were received through the sealed bidding process and The
Ovid Bell Press, Inc was the lowest responsible bidder and the bidder providing the best
value for the City;
WHEREAS, The Public Affairs staff has recommended that the City accept the bid
proposal from The Ovid Bell Press, Inc for printing services; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with The Ovid Bell Press, Inc pursuant to the recommendation made by Public
Affairs staff.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the contract with The Ovid Bell Press, Inc for printing services.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted
as a part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any p rovision 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.
- 2 -
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 13th day of September, 2016
CITY OF SCHERTZ, TEXAS
Michael R Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
CITY OF SCHERTZ PAGE 1
Ovid Bell Press, Inc. Service Agreement
CITY OF SCHERTZ
SERVICE AGREEMENT
THE STATE OF TEXAS §
§
GUADALUPE COUNTY §
This Service Agreement (“Agreement”) is made and entered by and between the City of Schertz,
Texas, (the “City”) a Texas municipality, and Ovid Bell Press, Inc. (“Contractor”).
Section 1. Duration
This Agreement shall become effective upon the date of the final signature affixed hereto and
shall remain in effect until September 30, 2019 unless terminated as provided for in this
Agreement.
Section 2. Scope of Work
(A) Contractor shall perform the Work as more particularly described in the Scope of Work
attached hereto as Exhibit “A”. The work as described in the Scope of Work constitutes
the “Project”.
(B) The Quality of Work provided under this Agreement shall be of the level of quality
performed by Contractors regularly rendering this type of service.
(C) The Contractor shall perform its Work for the Project in compliance with all statutory,
regulatory and contractual requirements now or hereafter in effect as may be applicable to
the rights and obligations set forth in the Agreement.
(D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the
City except when defects should have been apparent to a reasonably competent Contractor
or when it has actual notice of any defects in the reports and surveys.
Section 3. Compensation
(A) The Contractor shall be paid in the manner set forth in Exhibit “A” and as provided herein.
(B) Billing Period. The Contractor may submit an invoice for payment upon completion of the
described tasks. Subject to Chapter 2251, Texas Government Code (the “Prompt Payment
Act”), payment is due within thirty (30) days of the City’s receipt of the Contractor’s
invoice. Interest on overdue payments shall be calculated in accordance with the Prompt
Payment Act.
(C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be
included in the scope of Work (Exhibit A) and accounted for in the total contract amount.
CITY OF SCHERTZ PAGE 2
Ovid Bell Press, Inc. Service Agreement
Section 4. Time of Completion
The prompt completion of the Work under the Scope of Work relates is critical to the City.
Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of
the Contractor and termination of this Agreement without any or further liability to the City other
than a prorated payment for necessary, timely, and conforming work done by Contractor prior to
the time of termination.
Section 5. Insurance
Before commencing work under this Agreement, Contractor shall obtain and maintain the
liability insurance provided for below throughout the term of the Project plus an additional two
years. Contractor shall provide evidence of such insurance to the City. Such documentation
shall meet the requirements noted in Exhibit B.
Contractor shall maintain the following limits and types of insurance:
Workers Compensation Insurance: Contractor shall carry and maintain during the term of this
Agreement, workers compensation and employers liability insurance meeting the requirements
of the State of Texas on all the Contractor’s employees carrying out the work involved in this
contract.
General Liability Insurance: Contractor shall carry and maintain during the term of this
Agreement, general liability insurance on a per occurrence basis with limits of liability not less
than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property
Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises,
Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect
the public or any person from injury or property damages sustained by reason of the Contractor
or its employees carrying out the work involved in this Agreement. The general aggregate shall
be no less than $2,000,000.
Automobile Liability Insurance: Contractor shall carry and maintain during the term of this
Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per
occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily
injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage
shall include all owned, hired, and non-owned motor vehicles used in the performance of this
contract by the Contractor or its employees.
Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and
independent contractors working under the direction of either the Contractor or a subcontractor
to carry and maintain the same workers compensation and liability insurance required of the
Contractor.
Qualifying Insurance: The insurance required by this Agreement shall be written by non-
assessable insurance company licensed to do business in the State of Texas and currently rated
"B+" or better by the A.M. Best Companies. All policies shall be written on a “per occurrence
basis” and not a “claims made” form.
Evidence of such insurance shall be attached as Exhibit “C”.
Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these
CITY OF SCHERTZ PAGE 3
Ovid Bell Press, Inc. Service Agreement
insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is
provided will not be construed as a waiver of Insured’s obligation to maintain such insurance.
Section 6. Miscellaneous Provisions
(A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this
Agreement or any Scope of Work issued pursuant to this Agreement unless specifically
approved in writing by the City, which approval shall not be unreasonably withheld.
Subcontractors shall comply with all provisions of this Agreement and the applicable
Scope of Work. The approval or acquiescence of the City in the subletting of any work
shall not relieve the Contractor of any responsibility for work done by such subcontractor.
(B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any courts,
administrative, or regulatory bodies in any matter affecting the performance of this
Agreement, including, without limitation, worker’s compensation laws, minimum and
maximum salary and wage statutes and regulations, and licensing laws and regulations.
When required, the Contractor shall furnish the City with satisfactory proof of compliance.
(C) Independent Contractor. Contractor acknowledges that Contractor is an independent
contractor of the City and is not an employee, agent, official or representative of the City.
Contractor shall not represent, either expressly or through implication, that Contractor is an
employee, agent, official or representative of the City. Income taxes, self-employment
taxes, social security taxes and the like are the sole responsibility of the Contractor.
(D) Non-Collusion. Contractor represents and warrants that Contractor has not given, made,
promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission,
money or other consideration to any person as an inducement to or in order to obtain the
work to be provided to the City under this Agreement. Contractor further agrees that
Contractor shall not accept any gift, bonus, commission, money, or other consideration from
any person (other than from the City pursuant to this Agreement) for any of the Work
performed by Contractor under or related to this Agreement. If any such gift, bonus,
commission, money, or other consideration is received by or offered to Contractor,
Contractor shall immediately report that fact to the City and, at the sole option of the City,
the City may elect to accept the consideration for itself or to take the value of such
consideration as a credit against the compensation otherwise owing to Contractor under or
pursuant to this Agreement.
(E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder
by any party is delayed as a result of circumstances which are beyond the reasonable control
of such party (which circumstances may include, without limitation, pending litigation, acts
of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse
weather conditions [such as, by way of illustration and not of limitation, severe rain storms
or below freezing temperatures, or tornados] labor action, strikes or similar acts,
moratoriums or regulations or actions by governmental authorities), the time for such
performance shall be extended by the amount of time of such delay, but no longer than the
amount of time reasonably occasioned by the delay. The party claiming delay of
performance as a result of any of the foregoing force majeure events shall deliver written
notice of the commencement of any such delay resulting from such force majeure event not
CITY OF SCHERTZ PAGE 4
Ovid Bell Press, Inc. Service Agreement
later than seven (7) days after the claiming party becomes aware of the same, and if the
claiming party fails to so notify the other party of the occurrence of a force majeure event
causing such delay and the other party shall not otherwise be aware of such force majeure
event, the claiming party shall not be entitled to avail itself of the provisions for the
extension of performance contained in this subsection.
(F) In the case of any conflicts between the terms of this Agreement and wording contained
within the Scope of Work, this Agreement shall govern. The Scope of Work is intended to
detail the technical scope of Work, fee schedule, and contract time only and shall not dictate
Agreement terms.
Section 7. Termination
(A) This Agreement may be terminated:
(1) By the mutual agreement and consent of both Contractor and City;
(2) By either party, upon the failure of the other party to fulfill its obligations as set forth
in either this Agreement or a Scope of Work issued under this Agreement;
(3) By the City, immediately upon notice in writing to the Contractor, as consequence of
the failure of Contractor to perform the Work contemplated by this Agreement in a
timely or satisfactory manner;
(4) By the City, at will and without cause upon not less than five (5) days written notice
to the Contractor.
(B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the
Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and
reimbursable expenses then due and payable as of the time of termination and only then for
those Work that have been timely and adequately performed by the Contractor considering
the actual costs incurred by the Contractor in performing work to date of termination, the
value of the work that is nonetheless usable to the City, the cost to the City of employing
another Contractor to complete the work required and the time required to do so, and other
factors that affect the value to the City of the work performed at time of termination. In the
event of termination not the fault of the Contractor, the Contractor shall be compensated for
all basic, special, and additional Work actually performed prior to termination, together with
any reimbursable expenses then due.
Section 8. Indemnification
CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF
ITS PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES
HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND
ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING
ATTORNEY'S FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES
(WHETHER COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR
STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY
CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY
CITY OF SCHERTZ PAGE 5
Ovid Bell Press, Inc. Service Agreement
(BOTH REAL AND PERSONAL) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO
THE WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR – EXPRESSLY INCLUDING
THOSE ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED
STATES.
Section 9. Notices
Any notice required or desired to be given from one party to the other party to this Agreement
shall be in writing and shall be given and shall be deemed to have been served and received
(whether actually received or not) if (i) delivered in person to the address set forth below; (ii)
deposited in an official depository under the regular care and custody of the United States Postal
Service located within the confines of the United States of America and sent by certified mail,
return receipt requested, and addressed to such party at the address hereinafter specified; or (iii)
delivered to such party by courier receipted delivery. Either party may designate another address
within the confines of the continental United States of America for notice, but until written
notice of such change is actually received by the other party, the last address of such party
designated for notice shall remain such party's address for notice.
Section 10. No Assignment
Neither party shall have the right to assign that party's interest in this Agreement without the
prior written consent of the other party.
Section 11. Severability
If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the
legality, validity or enforceability of the remaining terms or provisions of this Agreement shall
not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or
provision, there shall be added automatically to this Agreement a legal, valid or enforceable term
or provision as similar as possible to the term or provision declared illegal, invalid or
unenforceable.
Section 12. Waiver
Either City or the Contractor shall have the right to waive any requirement contained in this
Agreement that is intended for the waiving party's benefit, but, except as otherwise provided
herein, such waiver shall be effective only if in writing executed by the party for whose benefit
such requirement is intended. No waiver of any breach or violation of any term of this
Agreement shall be deemed or construed to constitute a waiver of any other breach or violation,
whether concurrent or subsequent, and whether of the same or of a different type of breach or
violation.
Section 13. Governing Law; Venue
This Agreement and all of the transactions contemplated herein shall be governed by and
construed in accordance with the laws of the State of Texas. The provisions and obligations of
this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any
action arising out of this Agreement shall be in Guadalupe County, Texas.
CITY OF SCHERTZ PAGE 6
Ovid Bell Press, Inc. Service Agreement
Section 14. Paragraph Headings; Construction
The paragraph headings contained in this Agreement are for convenience only and shall in no
way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both
parties have participated in the negotiation and preparation of this Agreement and this
Agreement shall not be construed either more or less strongly against or for either party.
Section 15. Binding Effect
Except as limited herein, the terms and provisions of this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal
representatives, successors and assigns.
Section 16. Gender
Within this Agreement, words of any gender shall be held and construed to include any other
gender, and words in the singular number shall be held and construed to include the plural,
unless the context otherwise requires.
Section 17. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be deemed an
original, and all of which shall constitute but one and the same instrument.
Section 18. Exhibits
All exhibits to this Agreement are incorporated herein by reference for all purposes wherever
reference is made to the same.
Section 19. Entire Agreement
It is understood and agreed that this Agreement contains the entire agreement between the parties
and supersedes any and all prior agreements, arrangements or understandings between the parties
relating to the subject matter. No oral understandings, statements, promises or inducements
contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated
orally.
Section 20. Relationship of Parties
Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by
any third party to create the relationship of principal and agent or of partnership or of joint
venture or of any association whatsoever between the parties, it being expressly understood and
agreed that no provision contained in this Agreement nor any act or acts of the parties hereto
shall be deemed to create any relationship between the parties other than the relationship of
independent parties contracting with each other solely for the purpose of effecting the provisions
of this Agreement.
Section 21. Right To Audit
City shall have the right to examine and audit the books and records of Contractor with regards
to the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such
books and records will be maintained in accordance with generally accepted principles of
accounting and will be adequate to enable determination of: (1) the substantiation and accuracy
of any payments required to be made under this Agreement; and (2) compliance with the
provisions of this Agreement.
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Ovid Bell Press, Inc. Service Agreement
Section 22. Dispute Resolution
In accordance with the provisions of Subchapter I, Chapter 271, TEX. LOCAL GOV’T CODE, the
parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute
under this agreement, the parties will first attempt to resolve the dispute by taking the following
steps: (1) A written notice substantially describing the nature of the dispute shall be delivered
by the dissatisfied party to the other party, which notice shall request a written response to be
delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If
the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the
dissatisfied party shall give notice to that effect to the other party whereupon each party shall
appoint a person having authority over the activities of the respective parties who shall promptly
meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve
the dispute, then the parties shall each appoint a person from the highest tier of managerial
responsibility within each respective party, who shall then promptly meet, in person, in an effort
to resolve the dispute.
Section 23. Disclosure of Business Relationships/Affiliations; Conflict of Interest
Questionnaire
Contractor represents that it is in compliance with the applicable filing and disclosure
requirements of Chapter 176 of the Texas Local Government Code.
Certificate of Interested Parties
Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature
(Section 2252.908, Texas Government Code, as amended) and formal rules released by the
Texas Ethics Commission (TEC), all contracts with private business entities requiring approval
by the Schertz City Council will require the on-line completion of Form 1295 "Certificate of
Interested Parties." Form 1295 is also required for any and all contract amendments, extensions
or renewals. Contractors are required to complete and file electronically with the Texas Ethics
Commission using the online filing application.
Please visit the State of Texas Ethics Commission website,
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and
https://www.ethics.state.tx.us/tec/1295-Info.htm for more information.
IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR
OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF
EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING
REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR.
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CITY OF SCHERTZ PAGE 8
Ovid Bell Press, Inc. Service Agreement
EXECUTED on this the day of , 2015.
CITY:
CONTRACTOR:
By: By:
Name: John C. Kessel Name:
Title: City Manager Title:
ADDRESS FOR NOTICE:
CITY: CONTRACTOR:
City of Schertz Ovid Bell Press, Inc.
Attn: John C. Kessel, City Manager PO Box 370
1400 Schertz Parkway Fulton, MO 65251
Schertz, Texas 78154 800-835-8919
CITY OF SCHERTZ PAGE 9
Ovid Bell Press, Inc. Service Agreement
Exhibit “A”
SCOPE OF WORK
Project
The Contractor shall provide printing services for the City’s monthly publication, Schertz
Magazine. The City produces twelve (12) issues a year in monthly increments.
The Contractor will be responsible for the following duties and services:
1. Printing and assembling 16,000 copies of Schertz Magazine on a monthly basis.
2. Magazine must be printed and assembled using flat 11x17, finished 8.5x11 stock.
3. Magazine is 48 pages self-cover.
4. The Cover Stock shall be 80# Silk Cover-4/4 with Satin Varnish or specified equivalent
commodity stock held by printer.
5. Text Pages Stock shall be 80# silk text-4/4 with Satin Varnish or specified equivalent
commodity stock held by printer.
6. The magazine must be saddle stitched and trimmed to size.
7. The magazine must be Web Press or Sheet Fed.
8. Ability to print the publication within 5 days of upload from the City. Guaranteed
ship/delivery to post office on the 5th day.
9. Must be able to provide mail prep/inkjet services.
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Ovid Bell Press, Inc. Service Agreement
Price
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Ovid Bell Press, Inc. Service Agreement
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Ovid Bell Press, Inc. Service Agreement
Total annual contract amount not to exceed $87,000.
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Ovid Bell Press, Inc. Service Agreement
Exhibit “B”
REQUIREMENTS FOR ALL INSURANCE DOCUMENTS
The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain
the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s)
hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility
of the Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the
conduct, or lack of conduct, of the Subcontractor.
INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT
With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance
policies as follows:
1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile
Liability on a separate endorsement.
2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all
liability policies and must be provided on a separate endorsement.
3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days
written notice prior to cancellation or non-renewal of the insurance.
4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as
primary and non-contributory coverage regardless of the application of other insurance.
5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above
endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each
of the above.
6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any
material change in the insurance coverage.
7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions.
8. Required limits may be satisfied by any combination of primary and umbrella liability insurances.
9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz.
10. Insurance must be purchased from insurers having a minimum AmBest rating of B+.
11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD
25 2010/05). Coverage must be written on an occurrence form.
12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract.
Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and
shall contain provisions representing and warranting all endorsements and insurance coverages according to
requirements and instructions contained herein.
13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies.
14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City
of Schertz within ten (10) business days after contract award and prior to starting any work by the successful
Contractor’s insurance agent of record or insurance company. Also, prior to the start of any work and at the same
time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified
in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and
endorsements shall be sent to:
City of Schertz emailed to: purchasing@schertz.com
Purchasing Department Faxed to: 210-619-1169
1400 Schertz Parkway
Schertz, TX 78154
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Ovid Bell Press, Inc. Service Agreement
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Ovid Bell Press, Inc. Service Agreement
(Instructions for completing and submitting a certificate to the City of Schertz)
Complete the certificate of insurance with the information listed below:
A) Certificate of Insurance date
B) Producer (Insurance Agency) Information – complete name, address, telephone information, & email address.
C) Insured’s (Insurance Policy Holder) Information – complete name & address information
D) Insurer (name/names of insurance company) **(Remember the city requires all insurance companies to be
Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or
higher) or otherwise be acceptable to the City if not rated by A.M. Best)
E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance
companies)
F) Insurer letter represents which insurance company provides which type of coverage from D
G) General Liability Insurance Policy – must have an (x) in box. Also, “Occurrence” type policy – must have an (x)
in the box (occurrence policy preferred but claims made policy can be accepted with special approval)
H) This section shall be filled in with “Y” for yes under Additional Insured for all coverages, except for Contractor
Liability and Workers’ Compensation. There shall also be a “Y” for yes under all coverages for subrogation
waived.
I) Automobile Liability Insurance – must be checked for Any Auto, All Owned Autos, Hired Autos
J) Umbrella Coverage – must be checked in this section and by occurrence whenever it is required by written
contract and in accordance with the contract value.
K) Worker’s Compensation and Employers Liability Insurance – information must be completed in this section of the
certificate of insurance form (if applicable).
L) Builder’s Risk Policy – for construction projects as designated by the City of Schertz.
Professional Liability Coverage – for professional services if required by the City of Schertz.
M) Insurance Policy #’s
N) Insurance policy effective dates (always check for current dates)
O) Insurance Policy limits (See Insurance Requirements Checklist)
P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies)
must be provided separately and not in this section. The following endorsements are required by the City of
Schertz.
(1) Adding the City of Schertz as an additional insured. The “additional insured” endorsement is not required for
professional liability and workers compensation insurance; and
(2) Waiver of Subrogation
(3) Primary and Non-Contributory
(4) Cancellation Notice
Q) City of Schertz’s name and address information must be listed in this section
R) Notice of cancellation, non-renewal, or material change to the insurance policy(ies) must be provided to the City
of Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions
based on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code)
S) The certificate must be signed by the Authorized Agent in this section of the certificate form.
CITY OF SCHERTZ PAGE 16
Ovid Bell Press, Inc. Service Agreement
Exhibit “C”
EVIDENCE OF INSURANCE