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06-27-2017 Agenda with backup
MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL JUNE 27, 2017 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treats Work together cooperatively as a tea Call to Order — Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Larson) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • Announcements and recognitions by City Manager (J. Kessel) Presentation • Proclamation Designating July 2017 as Parks and Recreation Month. (Mayor /C. VanZandt/L. Shrum) 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 Actual 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. 06 -27- 2017 - Council Agenda Workshop • Discussion regarding City of Schertz support for the Schertz Housing Authority including funding. (Item requested by Councilmember Davis) • Review, discussion and possible action regarding the City Charter. (Item requested by Councilmember Thompson) • Discussion and update regarding the City of Schertz 2nd Quarter Financial Statement. (B. James /J. Walters) • Discussion and update on the HVAC system design and repairs at the Animal Adoption Center. (D. Wait) Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Approval of the minutes of the Regular Meeting of June 13, 2017. . (J. KesselB. Dennis) 2. Ordinance No. 17 -M -19 — Consideration and /or action approving an Ordinance amending Ordinance 15 -M -41 prohibiting violations of the City Charter. Final Reading (M. Carpenter /C. Zech) 3. Boards, Commissions and Committee Member Resignations and Appointments — Consideration and/or action approving the resignation of Ms. Barbara Hall from the Historical Preservation Committee and the Committee of Committees Advisory Board and the resignation of Mr. Michael Dahle from the Committee of Committees Advisory Board, and the appointment of Ms. Sue Boissonneault to the Committee of Committees Advisory Board. (Mayor /Council /B. Dennis) 4. Resolution No. 17 -R -40- Consideration and/or action approving a Resolution authorizing 2nd quarter EMS, Utility Billing and Schertz Magazine Revenue Adjustments. (B. James /J. Walters /J. Mabbitt, L. Klepper) Discussion Items 5. Ordinance No. 17 -S -21— Conduct a Public Hearing and Consideration and/or action PH approving an Ordinance amending the City of Schertz Master Thoroughfare Plan. First Reading (B. James /K. Woodlee) 6. Ordinance No. 17 -S -20— Conduct a Public Hearing and Consideration and /or action approving an Ordinance to amend the Schertz Comprehensive Land Plan by changing PH certain land area designations on the Future Land Use Plan in Northern Schertz. First Reading (B. James /L. Wood/B. Cox) 06 -27 -2017 City Council Agenda Page - 2 - 7. Resolution No. 17 -R -43 — Consideration and/or action approving a Resolution authorizing two Interlocal Agreements between the City of Schertz and the Bexar County District Attorney in reference to the disposition of seized property including property from gambling establishments. (D. Wait /M. Hansen) 8. Resolution No. 17 -R -45 — Consideration and /or action approving a Resolution authorizing two amendments to the existing agreement with the San Antonio River Authority related to the rates for sewage transportation, treatment and disposal. (D. Wait/J. Hooks) 9. Resolution No. 1.7 -R -44 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz authorizing a Public Library Interlocal Agreement with the City of Selma. (B. James /M. Uhlhorn) 10. Resolution No. 17 -R -18 — Consideration and/or action approving a Resolution appointing and re- appointing Directors of the Tax Increment Reinvestment Zone Number Two, City of Schertz, Texas. (B. James) 11. Resolution No, 17 -R -42 - Consideration and /or action approving a Resolution authorizing an amendment to an existing Development Agreement (Schaefer Road /FM 1.518 area) for Friesenhahn property on FM 1.51.8 near Schaefer Road. (B. James) 12. Resolution 17 -R -41 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the Acceptance of Assignment of the City's exclusive Solid Waste Franchise Agreement. (D. Wait) 13. Resolution No. 17 -R -25— Consideration and /or action approving a Resolution authorizing the City Manager to enter into an agreement with Green Valley Special Utility District for the exchange of Certificate of Convenience and Necessity related to the development of schools by Comal County Independent School District. (D. Wait) 14. Resolution No. 17 -R -29 - Consideration and /or action approving a Resolution authorizing the City Manager to enter into an agreement with Green Valley Special Utility District for the exchange of Certificate of Convenience and Necessity related to the development of the Homestead Subdivision. (D. Wait) Roll Call Vote Confirmation Closed Session 1.5. City Council will meet in closed session under Section 551.071 of the Texas Government Code, consultation with attorney to consult with the City Attorney regarding personnel issues and the City's Animal Shelter. 16. 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 06 -27 -2017 City Council Agenda Page - 3 - 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 -030 • Project E -031 • Project E -032 Reconvene into Regular Session 15a. Take any action based on discussions held in closed session under Agenda Item 15. 1.6a. Take any action based on discussions held in closed session under Agenda Item 16. Roll Call Vote Confirmation Requests and Announcements 17. Announcements by City Manager. 18. Placing Items on Future Agendas: Member of the City Council may place items on future agendas provided the chair is able to determine unanimous consent. If objection is made by one or more members of the City Council, the Mayor shall instruct the City Secretary to place on the agenda for the next regular session an item to discuss the merits of placing the item that was objected to on a future agenda for full consideration. 19. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Adiournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 23rd DAY OF JUNE 2017 AT 5:00 P.M. WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. grevA2 T�,evwu 'bs 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 2017. Title: 06 -27 -2017 City Council Agenda Page - 4 - 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. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Councilmember Davis— Place 1 Audit Committee Schertz Housing Authority Board Interview Committee for Boards and Commissions Interview Committee for Boards and Investment Advisory Committee Commissions Main Street Committee Main Street Committee - Chair TIRZ II Board Councilmember Gutierrez — Place 2 Councilmember Larson — Place 3 Main Street Committee — Vice Chair 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 Main Street Committee Councilmember Kiser — Place 6 Councilmember Crawford — Place 7 Schertz Animal. Services Advisory Commission Schertz - Seguin Local. Government Corporation. Interview Committee for Boards and Commissions 06 -27 -2017 City Council Agenda Page - 5 - CITY OF SCHERTZ, TEXAS HOME RULE CHARTER* Schertz City Charter as revised by 2015 election ARTICLE NAME (lF CITY AND BOUNDARIES -------------------2 Section1.01 Name .................................................................................................... 2 Section 1.02 Boundaries; Extension, Annexation and Di8annexa1iou ................. 2&3 ARTICLE 11 POWERS ()FTHE CITY ................................................................................ 4 Section 2.0l General Powers .................................................................................... 4 ARTICLE III FORM OF GOVERNMENT -------------------------5 Section 3.0l Establishment -----------------------------5 ARTICLE IV THE CITY COUNCIL ..................................................................................... 6 Section 4.Ol Number, Selection and Tenn ............................................................... h Section 4.02 Qualifications -----------------------------6 Section 4.03 Judge 0fElection Qualifications -------------------.6 Section 4.04 Compensation ----------------------------..6 Section 4.05 Mayor and Mayor Pro-Tern ................................................................. 6 Section 4.0A \/4cmzoicm` Forfeiture, Filling of Vacancies ......................................... 7 Section 4.07 Prohibitions ..................................................................................... 7&A Section 4.08 Powers ofthe City Council ----------------------X Section 4.09 Meetings and Procedure .................................................................. 8&9 Section 4.l0 Inquiry povverg ---------------------------..lU Section 4.}} Council Investigations; i '�cno�ma — -----'�-" -----------' l0��l} ARTICLE CITY MANAGER ......................................................................................... l2 Section 5.01 Appointment; Qualifications; Conq?enootinn------------ 12 Section 5.02 Acting City Manager ------------------------.l2 Section 5.03 Powers and Duties ofCity Manager --------------.l2&l3 ARTICLE VI OTHER DEPARTMENTS, OFFICES ()R. AGENCIES ............................... 14 Section 6.01 General Provisions ............................................................................. l4 Section 6.02 Operational and Personnel Policies ................................................... |4 Section 6.03 City Attorney ----------------------------.l4 Section 0.O4 Judge ofthe Municipal Court ..................................................... l4&L5 Section 6.05 Terms of Office ofCity Attorney and Municipal Judge .................... l5 Section 6.06 City Secretary ----------------------------l5 ARTICLE VII FINANCIAL PROCEDURES ....................................................................... |h Section 7.01 Fiscal Year ......................................................................................... lb 1 Section7.03 Audit ................................................................... ............................... 16 ARTICLE VIII LEFT INTENTIONALLY BLANK ............................... ............................... 17 ARTICLE IX NOMINATIONS AND ELECTIONS ............................ ............................... 18 Section 9.01 City Elections ...................................................... ............................... 18 Section 9.02 Candidates ........................................................... ............................... 18 Section 9.03 Determination of Election Results ...................... ............................... 18 Section 9.04 City Council Ballots ..................................... ............................... 18 &19 Section 9.05 Ballots for Ordinances and Charter Amendments ............................. 19 ARTICLE X INITIATIVE, REFERENDUM AND RECALL ............ ............................... 20 Section 10.01 General Authority ............................................... ............................... 20 Section 10.02 Commencement of Proceedings; Petitioners' Committee; Affidavit.............................................................. ............................... 20 Section 10.03 Petitions ........................................................ ............................... 20 &21 Section 10.04 Procedure After Filing ................................. ............................... 21&22 Section 10.05 Referendum Petitions; Suspension of Effect of Ordinance ............... 22 Section 10.06 Action on Petitions ....................................... ............................... 22 &23 Section 10.07 Results of Election .............................................. ............................... 23 Section 10.08 Limitation on Recall ........................................... ............................... 23 Section 10.09 Ordinances Passed by Petition, Repeal or Amendment ..................... 23 ARTICLE XI LEFT INTENTIONALLY BLANK ............................... ............................... 25 ARTICLE XII GENERAL PROVISIONS ............................................. ............................... 26 Section 12.01 Personal Financial Interest .................................. ............................... 26 Section 1.2.02 Charter Amendment ............................................ ............................... 26 Section 12.03 Charter Review Commission ....................... ............................... 26 &27 Section 12.04 Separability ......................................................... ............................... 27 Section 12.05 State Law ............................................................ ............................... 27 Section12.06 Headings ............................................................. ............................... 27 Section 12.07 Penalty Clause ..................................................... ............................... 27 Section 12.08 Disaster Clause ............................................. ............................... 27 &28 ii PREAMBLE The citizens of the City of Schertz, in the Counties of Guadalupe, Bexar and Comal, State of Texas, being aware that their community is becoming ever larger and more prosperous and that ever increasing growth and prosperity are certain, desire to plan, regulate and control the affairs of the City to the fullest extent possible under the Constitution and general laws of this State. In this spirit, the citizens of the City of Schertz do hereby ordain this the Charter of the City of Schertz and accept the duties and responsibilities which it imposes and the privileges which it grants. [End of Preamble] 1 h/I►l l 5[O15[ 111 10,110 17 061110017,11 R I �T.y Section 1.01 Name. Those persons residing within the limits of the City, as those limits now are or as they may be in the future changed, are hereby constituted and shall continue to be a municipal body politic to exist in perpetuity under the name "CITY OF SCHERTZ" hereinafter referred to as the "City" Section 1.02 Boundaries; Extension, Annexation and Disannexation. (a) Boundaries. The bounds and limits of the City are hereby established and described as those which exist under authority of the current City ordinances and displayed on a map maintained by the City Secretary and those boundaries established and changed hereafter as provided; such map to be maintained hereafter by the City Manager and maintained in a public place. (b) Extension of Boundaries; Annexation of Territory. The City Council shall have the power by ordinance to annex territory lying adjacent to the City, with or without the consent of the owners or inhabitants thereof, thereby extending and enlarging the bounds and limits of the City. Such annexations shall be limited and controlled by the applicable annexation laws of the State. (c) Disannexation. Any area hereafter annexed under this Charter and the law of this State may be disannexed as follows: i. Prior to disannexing any property of the City a public hearing shall held before both the City's Planning and Zoning commission and City Council on the proposed disannexation. ii. Before the 10th day before the hearing date before the Planning and Zoning Commission, written notice of the public hearing shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the area to be disannexed. The notice may be served by its deposit in the United States mail, properly addressed with postage paid. iii. Not later than 30 days of completion of the public hearing by the Planning and Zoning Commission the City Council shall hold a public hearing on the proposed disannexation. Before the 15th day before the date of the public hearing, a general description of the property to be disannexed and notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the City. iv. Not later than 30 days after the completion of the public hearing conducted by City Council the City Council may adopt an ordinance disannexing the 2 property. A metes and bounds description of the property shall be attached to the ordinance as an exhibit. [End of Article IOWAT /XWMIaYII mug Y11`1 Section 2.01 General Powers. The City shall have all the powers granted to cities by the Constitution and general laws of the State together with all of the implied powers necessary to execute such granted powers. [End of Article 11] M � I a[119LI [o] WeIIIiI N.1 ►lLTA 101►Y Y Section 3.01 Establishment. The municipal government provided by this Charter shall consist of a Mayor and Councilmembers, elected by the people and responsible to the people, and a City Manager, appointed by and responsible to the City Council for proper administration of the affairs of the City. Pursuant to its provisions and subject only to the limitations imposed by the Constitution and general laws of the State and by this Charter, all powers of the City shall be vested in the elected Mayor and Councilmembers, who shall enact local legislation, adopt budgets and determine policies. [End of Article III] 5 ARTICLE IV THE CITY COUNCIL Section 4.01 Number, Selection and Term. The City Council shall be composed of the Mayor and seven Councilmembers. The Mayor and all Councilmembers shall be elected from the City at large. Subject to Section 4.06(c), the Mayor and Councilmembers shall be elected in the manner provided in Section 9.01 of this Charter for three -year terms. Each Councilmember shall occupy a position on the City Council, such positions being numbered Place One through Place Seven. Section 4.02 Qualifications. The Mayor and each Councilmember must have attained the age of eighteen or older on the first day of the term of office applied for, be a registered voter of the City of Schertz, and have been a resident of the City for at least twelve consecutive months immediately preceding the deadline for filing for an application for a place on the ballot. Section 4.03 Judge of Election Qualifications. The City Council is the final judge of all elections and the qualifications of its members and any other elected officials of the City. Section 4.04 Compensation. Members of the City Council shall serve with such compensation as determined by the City Council. An increase in compensation shall not be effective for any member of the City Council during the term for which he or she was elected and the increase was approved. Payment of expenses incurred in performance of official duty may be approved by the City Council. Section 4.05 Mayor and Mayor Pro -Tem. The Mayor shall be the official head of the City government. He or she shall be the chairman and shall preside at all meetings of the City Council. The Mayor may vote only in the event of a tie. He or she shall, unless another signatory is otherwise designated by the City Council, sign all official documents such as ordinances, resolutions, conveyances, grant agreements, official plats, contracts, and bonds. He or she shall appoint special committees as instructed by City Council, with committee membership to be composed of nominees by the City Council. He or she shall perform such other duties consistent with this Charter or as may be imposed upon him or her by City Council. The Mayor shall not have veto powers. The Mayor Pro -Tem shall be a Councilmember appointed by the City Council for a term and pursuant to procedures established by the City Council from time to time. The Mayor Pro - Tem shall act as Mayor during the absence or disability of the Mayor and in this capacity shall have the rights conferred upon the Mayor. While acting as Mayor, the Mayor Pro -Tem may vote on any matter before the City Council. 0 Section 4.06 Vacancies, Forfeiture, Filling of Vacancies. (a) Vacancies. The office of a Councilmember or the office of the Mayor shall become vacant upon his or her death, removal from office in any manner authorized by law, or forfeiture of his or her office as provided for in this Charter. (b) Forfeiture. The Mayor or a Councilmember shall forfeit his or her office upon: (1) Final conviction of a felony or of an offense involving moral turpitude, a violation of any state laws regulating conflicts of interest of municipal officers, or is assessed a deferred adjudication or probation for any state laws regulating conflicts of interest of municipal officers. (2) Ceasing to be a resident of the City. (3) 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. (4) A determination by City Council of the inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of election. (c) Filling Vacancies. In the event of a single vacancy in the City Council, if there are 365 days or more remaining on the term of the vacated City Council position, the City Council shall call a special election to fill such vacancy. If there are less than 365 days remaining in the term of the vacated City Council position, the City Council may, by majority vote of the remaining Councilmembers, at its discretion appoint a new Mayor or Councilmember to fill such vacancy or call a special election to fill such vacancy. Section 4.07 Prohibitions (a) Holding other Office. No Mayor or Councilmember shall hold any compensated City office or employment until two (2) years after the expiration of the term for which he or she was elected to the City Council. (b) Appointments and Removals. Neither the City Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officer or employee whom the City Manager or any of his or her subordinates are empowered to appoint, unless otherwise provided in this Charter, but the City Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees. (c) Interference with Administration. Except for the purpose of inquiries, unless otherwise provided in this Charter, the City Council or its members shall deal with City officers 7 and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately. (d) Admission of Liability. Neither the City Council nor any of its members shall accept or admit liability or pay any claim for damages asserted against the City without first obtaining a written opinion from the City Attorney regarding the City's liability therein. (e) Conflicts of Interest. It is hereby prohibited for the Mayor or Council Member or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local Government Code, Chapter 171 as amended or its successor. For purposes of this Section term "City Official" means any individual subject to the requirements of Texas Local Government Code, Chapter 171 as amended or its successor. (f) Attorney Client Privilege. It shall be unlawful for the Mayor or a Council Member to release any attorney - client privileged communication. The City Council as the governing body of the City solely holds and is entitled to the attorney client - privilege and it may only be waived by an affirmative vote of two - thirds of the City Council. Section 4.08 Powers of the City Council. All City powers shall be vested in the City Council, except as otherwise provided by law or this Charter. Section 4.09 Meetings and Procedure. (a) Date Time Place and Notice. The City Council shall meet at least once each month at a time and place prescribed by ordinance. Special meetings may be called by the Mayor, the City Manager, or on application of three Councilmembers. Written notice of the date, place and subject of each meeting shall be posted in the City Hall and written notice of no less than twelve hours (two hours in the event of an emergency meeting of the City Council) shall be given to each Councilmember. (b) Open Meetings. Meetings shall be open to the public in accordance with applicable State law. (c) Quorum. Three Councilmembers (excluding the Mayor) shall constitute a quorum, and no action shall be valid unless adopted by the affirmative vote of three or more members of the City Council. If the Mayor Pro -Tem is presiding, he or she shall be counted for purposes of determining a quorum. (c) Quorum. Four Councilmembers (excluding the Mayor) shall constitute a quorum, and no action shall be valid unless adopted by the affirmative vote of four or more members of the City Council. If the Mayor Pro Tem is presiding, he or she shall be counted for purposes of determining a quorum. [EFFECTIVE THE FIRST REGULAR CITY COUNCIL IN NOVEMBER 2016 THAT CONSISTS OF SEVEN CITY COUNCIL MEMBERS] (d) Rules of Procedure. The City Council shall, by ordinance, determine its own rules and order of business, provided, however, that the citizens of the City shall have a reasonable opportunity to be heard at any meeting with regard to any matter relevant to the government of the City except at such meetings of the City Council as may be closed to the public as permitted by State law. Provision shall be made for the taking of minutes, which minutes shall be a public record. Voting, except on procedural matters, shall be by roll call and the ayes and nays shall be recorded in the minutes. (e) Passage of Ordinances and Resolutions. Ordinances and resolutions shall be introduced to the City Council only in written or printed form. The subject or subjects of all ordinances and resolutions shall be clearly expressed in the title. Except as may otherwise be prescribed in this Charter, an ordinance shall not be passed at the meeting of the City Council at which it is first introduced, but instead the ordinance or its caption shall be read, and the City Council will determine whether it shall be rejected or further considered at a subsequent meeting of the City Council. If rejected, no further action shall be required. The City Council must take second and final consideration of any ordinance not later than sixty days after the first reading of such ordinance. Notwithstanding the foregoing provisions, if the City Council, by a vote of not less than two- thirds of the members present at the meeting at which an ordinance is first introduced, determines that an emergency exists requiring immediate action, such ordinance may then be voted upon and rejected or passed at that meeting. The enacting clause of all ordinances shall be, `BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ", and every ordinance shall be authenticated by the signature of the Mayor and the City Secretary and shall be systematically recorded and indexed in an ordinance book in a manner approved by the City Council. (1) Franchise ordinances. All ordinances granting, confirming, extending, renewing or amending a franchise shall be accepted in writing by the grantees and before taking effect shall be published as otherwise provided in this Charter. (2) Effective date. Every ordinance passed by the City Council shall be enrolled by the City Secretary as soon as practicable after its passage. If the ordinance was published, he or she shall note the time and place of publication which shall be prima facie proof of publication thereof. The affidavit by the printer or publisher shall also be prima facie proof of the publication. Enrollment of an ordinance shall be prima facie proof of its legal adoption and effect. (3) Codification of ordinances. The City Council shall have the power to cause the ordinances of the City to be corrected, amended, revised, codified and printed in code form as often as the City Council deems advisable, and such printed code, when adopted by the City Council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. All printed ordinances or codes of ordinances shall be admitted as evidence in all courts without further proof and shall have the same force and effect as did the original ordinance. 0 Section 4.10 Inquiry Powers. The City Council shall have the authority to inquire into the affairs of the City and the conduct of any City department, office, or agency. Section 4.11 Council Investigations; Hearings; Process. A. General. In addition to any other specific authority of investigation and hearing provided for in this Charter, the City Council shall have the power to inquire into the official conduct of any department, agency, appointed boards, office, officers, employees or appointed board members of the City. For the purpose of investigations and hearings, the City Council shall have the power to administer oaths, subpoena witnesses, compel the production of books, papers, and other evidence material to the inquiry. The City Council shall provide, by ordinance, penalties for contempt in failing or refusing to obey any such subpoena or to produce any such books, papers or other evidence. The City Council shall have the power to punish any such contempt in the manner provided by such ordinance. B. Hearings Process for Forfeitures of Office and Prohibitions. 1. All hearings held under this subsection shall be conducted in open session, except that the City Council may conduct a closed session to get advice from its attorney pursuant to the Texas Open Meetings Act; 2. The office holder subject to any investigation and /or hearing under this section shall be entitled to written notice of the allegations of forfeiture and/or the alleged violation of this Charter as applicable; 3. A special meeting shall be called to hold the hearing; 4. A member of City Council who initiated or is the subject of the investigation or hearing shall not sit at the dais and shall not participate in deliberations or vote; 5. City Council shall adopt by ordinance rules of procedures to be followed; 6. The City Council shall state the nature of the hearing and the allegations to be considered, shall be provided the results of any investigation and a presentation of the evidence against the office holder including, but not limited to testimony from individuals; 7. The individual who is subject to the hearing shall be provided an opportunity to respond to the allegations and present any relevant evidence including, but not limited to, testimony from individuals; 8. City Council may ask questions of any individual; 9. No public comment shall be allowed; 10 10. In the case of an alleged forfeitures of office pursuant to Section 4.06 (b) of this Charter City Council shall vote on the forfeiture and on the affirmative vote of two - thirds of City Council declare the office of said office holder to be forfeited and vacant; 11. In the case of an alleged violation of Section 4.07 of this Charter City Council may, on the affirmative vote of a majority of the City Council, take any action it determines to be appropriate including, but not limited to, directing further investigation, requesting further information, vote to enforce a penalty pursuant to section 12.10 of this Charter, vote to bring an action in municipal court, take a vote of censure; or, upon the affirmative vote of two- thirds (2/3) of City Council, declare the office of said office holder to be forfeited and vacant. 12. Unless prohibited pursuant to subsection 4 herein, the Mayor shall vote in the case of an alleged forfeitures of office pursuant to Section 4.06 (b) of this Charter or of an alleged violation of Section 4.07 of this Charter. [End of Article IV] 11 011111 /1% FRIMIx!'151:7 Section 5.01 Appointment; Qualifications; Compensation. The City Council shall appoint a City Manager and fix his or her compensation. He or she shall be chosen on the basis of his or her executive and administrative training, experience, ability and character. He or she need not be a resident of the City or State at the time of his or her appointment, but he or she must agree, prior to such appointment, to become a resident of the City within four months after the date of his or her appointment. If he or she thereafter fails to become a resident of the City within that four -month period, he or she shall be deemed to have forfeited his or her appointment and the office shall be declared vacant by announcement of the Mayor at the first meeting of the City Council following the expiration of the four -month period. The City Manager shall serve at the will and pleasure of the City Council. He or she shall be employed for or relieved from his or her duties by a vote of a majority of the members of the entire City Council. Section 5.02 Acting City Manager. By letter filed with the City Secretary the City Manager shall designate, subject to approval of the City Council, a qualified City administrative officer to exercise the powers and perform the duties of City Manager during his or her temporary absence or disability. During any vacancy in the office of City Manager, the City Council may appoint an Acting City Manager to perform the duties of City Manager. During such absence, disability, or vacancy, the City Council may revoke such designation at any time and appoint another officer of the City to serve as Acting City Manager until the City Manager shall return or his or her disability shall cease or such vacancy is filled. Section 5.03 Powers and Duties of City Manager. The City Manager shall be the chief administrative officer of the City. He or she shall be responsible to the City Council for the administration of all City affairs placed in his or her charge by or under this Charter. He or she shall have the following powers and duties: (a) He or she shall appoint and, when he or she deems it necessary for the good of the City, suspend or remove City employees and appointive administrative officers provided for, by or under this Charter, except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter. He or she may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. (b) He or she shall direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law. (c) The City Manager or their designee shall attend all City Council meetings and shall have the right to take part in discussion but may not vote. 12 (d) He or she shall see that all laws, provisions of this Charter and acts of the City Council, subject to enforcement by him or her or by officers subject to his or her direction and supervision, are faithfully executed. (e) He or she shall prepare and submit the annual budget and capital program to the City Council. (f) He or she shall submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year. (g) He or she shall make such other reports as the City Council may require concerning the operations of City departments, offices and agencies subject to his or her direction and supervision. (h) He or she shall keep the City Council fully advised as to the financial condition and future needs of the City and make such recommendations to the City Council concerning the affairs of the City. (i) He or she shall perform such other duties as are specified in this Charter or may be required by the City Council. 0) He or she shall keep a written inventory of all real property and all permanent equipment belonging to the City, said inventory to be subject to annual audit. A system shall be established to control the use and replacement of expendable items. (k) He or she shall have the authority to sign documents in the name of the City as authorized by the City Council. (Election of 4 -7 -79, 5 -6 -89, 5- 13 -06) [End of Article V] 13 111911 DIM 170178NIYUiWI11R K1]WWUQORYIWX, 1N04Ix.I Section 6.01 General Provisions. (a) Creation of Departments. The City Council may continue, discontinue or establish City departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices and agencies. (b) Direction by City Manager. All departments, offices and agencies under the direction and supervision of the City Manager shall be administered by an officer appointed by and subject to the direction and supervision of the City Manager. With the consent of the City Council, the City Manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them. Section 6.02 Operational and Personnel Policies. The City Manager shall be responsible for the preparation of operational and personnel policies. Personnel policies which affect the budget and employee discipline and/or adverse actions shall be approved by City Council. The City Council may accept and adopt such policies as proposed or may adopt them with such amendments as the City Council deems necessary or may reject them in their entirety and direct the City Manager to further consider the policies and present new proposals at a subsequent meeting. Operational and administrative policies shall be approved by the City Manager but shall be provided to City Council for their information. Section 6.03 City Attorney. The City Council shall appoint a City Attorney for an indefinite term and fix his or her compensation. The City Attorney must be a member of the State Bar of Texas. He or she shall serve as chief legal advisor to the City, including the City Council, and, subject to applicable rules of the State Bar of Texas, the City Manager, supervisors of City departments and other City officers and agencies. He or she shall represent the City in all legal proceedings and shall perform any other duties prescribed by this Charter, ordinances of the City, or State laws. The City Council may retain an additional attorney or attorneys for the City when the City Attorney is absent or as other circumstances require. Section 6.04 Judge of the Municipal Court. The City Council shall establish a Municipal Court and shall appoint a Judge (and may appoint one or more deputy Judges) of the Municipal Court of the City and fix his or her compensation. Sessions of the Municipal Court shall be held at such times as may be determined by the Judge of the Municipal Court. When the Judge is absent, disabled or unable to perform his or her duties for any cause, or his or her office becomes vacant by reason of death, removal or resignation and no deputy Judge has been appointed, the City Council may appoint a special Judge of said court who shall 14 serve until the Judge of said court returns to his or her duties or a successor is appointed and qualifies or a deputy Judge is appointed and qualifies. Section 6.05 Terms of Office of City Attorney and Municipal Judge. Neither the City Attorney nor the Judge of the Municipal Court shall have any specified term of office, but each shall serve at the will and pleasure of the City Council. Either of such officers may be appointed to or relieved from office by a majority vote of the City Council. Section 6.06 City Secretary. (a) The City Council shall appoint a City Secretary who shall act as Secretary of the City Council and who shall hold office at the pleasure of the City Council. The City Secretary shall be the clerical officer of the City Council, and shall keep the minutes, agenda, ordinances and other official records of the City Council and the City. The City Secretary shall be the custodian of the official seal of the City, and shall have such other duties and powers prescribed in this Charter and by the City Council. The City Council will set the compensation for the City Secretary. The City Secretary shall report administratively to the City Manager but may be removed from office only by the City Council. (b) Upon approval by City Council of the position(s), the City Secretary may hire a deputy or deputies. The Deputy or Deputies shall report directly to the City Secretary. [End of Article VI] 15 ARTICLE VII I W i►` /_1► 4 /I 0 9 OTO01110 N Section 7.01 Fiscal Year. The fiscal year of the City shall begin on the first day of October and end on the last day of the following September. Section 7.02 Submission of Budget. The City Manager shall submit to the City Council a budget for the ensuing fiscal year and an accompanying message not later than fifty days prior to the beginning of each fiscal year. Section 7.03 Audit. The City Council shall cause an annual audit to be made of the books and accounts of each department of the City and shall have an annual financial statement prepared based on the audit. A complete audit shall be made at the end of each fiscal year, and at such other times as may be necessary, by an independent Certified Public Accountant who shall be selected by the City Council. The annual financial statement, including the auditor's opinion, shall be filed with the City Secretary and shall be available for public inspection. The auditor selected shall not maintain or keep any of the City accounts or records. [End of Article VII] 16 ARTICLE VIII 17 10111105 1 iav1r43 0y1.1la01 wproIr41 Section 9.01 City Elections. (a) The regular City election shall be held annually on the uniform election date in November, or at such other times as may be authorized or specified by State Law, at which time officers will be elected to fill those offices which become vacant that year. (b) The City Council shall fix the place for holding such election. (c) The City Council may, by ordinance or resolution, order a special election, fix the date and place for holding same, and provide all means for holding such special election. Section 9.02 Candidates. (a) Any person having the qualifications set forth for under Section 4.02 of this Charter shall have the right to file an application to have his or her name placed on the official ballot as a candidate for any one elective office. 1. Any such application shall be in writing, signed by such candidate, and filed with the City Secretary in accordance with the Texas Elections Code and this Charter. 2. An application filed in accordance herewith shall entitle such applicant a place on the official ballot. (b) A candidate of the City Council shall specify the place number or position the candidate is seeking. (c) A filing fee of five dollars, or such other amount as may hereafter be set by the City Council, must be paid to the City Secretary by each candidate upon presentation of his or her application. The filing fee shall be waived if the candidate states in writing that payment thereof will constitute a financial hardship. Section 9.03 Determination of Election Results. In the event no candidate for an elective office receives a majority of the votes cast for that place in the general or special election, a run -off election shall be held between the two (2) candidates who received the greater number of votes. In the event a tie vote makes it impossible to determine the winning candidate or candidates, resolution of such tie shall be decided as provided in the Texas Election Code. Section 9.04 City Council Ballots. The names of all candidates for office, except such as may have withdrawn, died or became ineligible, shall be printed on the official ballots in the order of Mayor, go Councilmember -Place One, etc., without party designation, and the order of listing the candidates' names for each such office shall be determined in a drawing of lots conducted by the City Secretary. Early voting shall be governed by the general election laws of the State. Section 9.05 Ballots for Ordinances and Charter Amendments. An ordinance or Charter amendment to be voted on by the City shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement, describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described (ordinance) (amendment) be adopted ?" Immediately below such question shall appear, in the following order, the words "yes" and "no ". Ballots shall include voting instructions. (Election of 5- 13 -06) [End of Article IX] 19 Ilel111I-11 TI anX11NaNa11"aWng11aOcalw11 Section 10.01 General Authority. (a) Initiative. The qualified voters of the City shall have power to propose ordinances to the City Council. If the City Council fails to adopt an ordinance so proposed without any change in substance, the qualified voters shall have the power to adopt or reject it at a City election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of City officers or employees. (b) Referendum. The qualified voters of the City shall have power to require reconsideration by the City Council of any adopted ordinance. If the City Council fails to repeal an ordinance so reconsidered, the qualified voters shall have the power to approve or reject it at a City election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes. (c) Recall. The qualified voters of the City shall have the power to petition for recall of the Mayor or any member of the City Council by name and Place. Section 10.02 Commencement of Proceedings; Petitioners' Committee; Affidavit. Any five qualified voters may commence initiative, referendum or recall proceedings by filing with the City Secretary an affidavit stating they will constitute the petitioners' committee and will circulate the petition and file it in proper form stating their names and addresses and specifying the address to which all notices to the committee are to be sent and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. The affidavit for recall must distinctly and specifically state the reason or reasons for which the petition for recall is predicated and include the other requirements set forth in Section 10.06(b). Promptly after the affidavit of the petitioners' committee is filed, the City Secretary shall issue the appropriate petition blanks to the petitioners' committee. Section 10.03 Petitions. (a) Number of Signatures. Initiative and referendum petitions must be signed by qualified voters of the City equal in number to at least fifteen (1.5) percent of the number of voters registered to vote at the last general City election. Recall petitions must be signed by qualified voters of the City equal in number to at least twenty (20) percent of the number of voters registered to vote at the last general City election. (b) Form and Content. All pages of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. For a petition signature to be valid, the petition must: (1) contain in addition to the signature: (A) the signor's printed name; and 20 (B) the signor's (i) date of birth; or (ii) voter registration number and the County of voter registration; and (C) the signor's residence address (including street address and County of voter registration); and (2) comply with any other applicable requirements prescribed by State law. Petitions shall contain or have attached thereto throughout their circulation the full text of the proposed ordinance or other subject matter of the petition. A recall petition must distinctly and specifically state the reason or reasons upon which the petition is predicated. (c) Affidavit of Circulator. Each page of a petition shall have attached to it when filed the following notarized affidavit, with all blanks properly completed: "STATE OF TEXAS § CITY OF SCHERTZ § I, , being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition, (ii) I personally circulated the foregoing page of said petition, (iii) there are signatures on such page, (iv) each of the signatures appearing on such page was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and (vi) each signer had an opportunity to read the full text of the ordinance or other subject matter of the petition. Sworn and subscribed to before me, this the day of , 20 . Signed and Sealed by a Notary Public in and for State of Texas" (d) Filing Recall Petition. Recall petitions shall be initiated and filed with the City Secretary within sixty days after the petitioners' committee files its affidavit. (e) Filing; Referendum Petitions. Referendum petitions must be filed within sixty days after adoption by the City Council of the ordinance sought to be reconsidered. Section 10.04 Procedure After Filing. (a) Certificate of City Secretary; Amendment. Within twenty days after the petition is filed, the City Secretary shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the City Secretary within two days after 21 receiving the copy of his or her certificate and files a supplementary petition upon additional papers within ten days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of Section 10.03, and within five days after it is filed, the City Secretary shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail as in the case of an original petition. If a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request City Council to review under subsection (b) of this Section within the time required, the City Secretary shall promptly present his or her certificate to the City Council and the certificate shall then be a final determination as to the sufficiency of the petition. (b) City Council Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the City Council. The City Council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the City Council's determination shall then be a final determination as to the sufficiency of the petition. (c) Court Review; New Petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. Section 10.05 Referendum Petitions; Suspension of Effect of Ordinance. When a referendum petition complying with all the provisions of Sections 10.03 and 10.04 is filed with the City Secretary the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (a) there is a final determination of insufficiency of the petition, or (b) the petitioner's committee withdraws the petition, or (c) the City Council repeals the ordinance, or (d) voters sustain the ordinance in an election. Section 10.06 Action on Petitions. (a) Action by City Council on Initiative or Referendum. When an initiative or referendum petition has been fully determined sufficient, the City Council shall promptly consider' the proposed initiative ordinance in the manner provided in Article IV or reconsider the referred ordinance by voting its repeal. If the City Council fails to adopt a proposed initiative ordinance without any change in substance within sixty days or fails to repeal the referred ordinance within thirty days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City at a special election. 22 (b) Action by City Council on Petition for Recall. The recall petition must be addressed to the City Council of the City, must distinctly and specifically point out the ground or grounds upon which such petition for removal is predicated, and, if there be more than one ground, such as for incompetency, misconduct or malfeasance in office, shall specifically state each ground with such certainty as to give the officer sought to be removed notice of the matters and things with which he or she is charged. The officer whose removal is sought may, within five days after such recall petition has been presented to the City Council request that a public hearing be held to permit him or her to present facts pertinent to the charges specified in the recall petition. In this event, the City Council shall order such public hearing to be held, not less than five days nor more than fifteen days after receiving such request for a public hearing. If the officer whose removal is sought does not resign, then it shall become the duty of the City Council to order a recall election and fix a date for holding such recall election. (c) Submission to voters. The special election on a proposed or referred ordinance or petition for recall shall be held on the earliest date permitted by State and federal law after the date of the final City Council vote thereon. Copies of the proposed or referred ordinance shall be made available at the polls. Section 10.07 Results of Election. (a) Initiative. If a majority of the qualified voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the City Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affnnative votes shall prevail to the extent of such conflict. (b) Referendum. If a majority of the qualified voters voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. (c) Recall. If a majority of the votes cast at a recall election shall be against the recall of the person named on the ballot, he or she shall continue in office for the remainder of his or her unexpired term. If a majority of the votes cast at such election shall be for the recall of the person named on the ballot, he or she shall be deemed removed from office and the vacancy shall be filled as provided in Section 4.06(c) of this Charter. Section 10.08 Limitation on Recall. No Councilmember shall be subject to recall within six months of his or her election to office nor more than once during one term of office. A recall election need not be ordered by the City Council against any Councilmember on whom a petition is filed if his or her term of office is to expire within ninety days after the petition is filed with the City Secretary. Section 10.09 Ordinances Passed by Petition, Repeal or Amendment. No ordinance which may have been passed by the City Council upon a petition or adopted by popular vote under the provisions of this Article may be repealed or amended by the City Council for a period of three (3) years from the date said ordinance became effective and then only upon an affirmative vote of two - thirds (2/3s) of the City Council. 23 [End of Article X] 24 25 ARTICLE XII C!1 011111101 1� :Z�1�/ fy [�]►F.`� Section 12.01 Personal Financial Interest. For purposes of this Section term "City Official" means any individual subject to the requirements of Texas Local Government Code, Chapter 171. It is hereby prohibited for City Council members or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local Government Code, Chapter 171. Section 12.02 Charter Amendment. Amendments to this Charter may be framed and submitted to the voters of the City by a charter commission in the manner provided by law, by ordinance passed by a majority vote of the full membership of the City Council, or by a petition signed by not less than five percent of the qualified voters of the City. When a charter amendment petition shall have been filed in conformity with Section 10.03 of this Charter, the City Council shall, subject to applicable law, forthwith provide by ordinance for submitting such proposed amendment to a vote of the voters of the City. Any ordinance for submitting a charter amendment to the voters shall provide for submission of such amendments to the voters in accordance with applicable law. Not less than thirty days prior to such election the City Secretary shall make available at the City Offices a copy of the proposed amendment or amendments. If a proposed amendment shall be approved by a majority of the voters voting thereon, it shall become a part of the Charter at the time fixed therein. Each amendment shall be confined to one subject; and, when more than one amendment shall be submitted at the same time, they shall be submitted so as to enable the voters to vote on each separately. Section 12.03 Charter Review Commission. The City Council shall periodically appoint a Charter Review Commission which shall consist of no less than S and no more than I I citizens of the City. It shall be the duty of the Commission to: (a) Inquire into the operation of the City government under the Charter provisions and determine whether any such provisions require revision and to this end, public hearings may be held and the Commission shall have the power to compel the attendance of any officer or employee of the City to require the submission of any of the City records which it may consider necessary to the conduct of such hearing. (b) Make any recommendations it considers desirable to insure compliance with the provisions of this Charter by the several departments of the City. (c) Propose amendments to this Charter to improve its effective application to current conditions. 26 (d) Report its findings and present its proposed amendments, if any, to the City Council. The City Council shall receive any report submitted by the Charter Review Commission, may comment on any proposed amendment recommendations made, and, if any amendment or amendments are presented as a part of such report, shall order such to be submitted to the voters of the City in the manner provided in Section 12.04. (e) The term of office of the Charter Review Commission shall be 180 days after the date of the first meeting, said first meeting to occur within forty -five (45) days of the date of appointment. If during this term no report is presented to the City Council, then all records of the proceedings of the Commission shall be filed with the City Manager and the Charter Review Commission shall be dismissed. Section 12.04 Separability. If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of this Charter or any of its provisions to any person or circumstances is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. Section 12.05 State Law. References in this Charter to "State law" shall refer to applicable provisions of State law in effect from time to time. Section 12.06 Headings. Headings and titles of Sections and subsections of this Charter are for convenience only and shall not affect the meaning of any provisions within such Sections. Section 12.07 Penalty Clause. A. Criminal Penalty. Any person who by himself or with others violates any provision of this charter shall, in addition to any other penalty, be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more $500.00. City Council shall enact an ordinance enforcing this section. B. Civil Penalty. Upon the affirmative vote of two - thirds of the City Council any person who by himself or with others violates any provision of this charter shall be, in addition to any other penalty provided for herein, subject to a civil fine of not more than $500.00. Section 1.2.08 Disaster Clause. In the case of a common disaster when a legal quorum of the City Council cannot otherwise be assembled due to multiple deaths or injuries, the surviving persons of the City Council, or highest surviving City official, if no elected official remains, shall, within 24 hours of such disaster, request the highest surviving officers of the Guadalupe County Commissioners Court to appoint a number of residents of Schertz, qualified to serve as City Council Members, equal to the number necessary to make a quorum to act during the emergency as the City 27 Council. The newly appointed City Council shall call a City election within 15 days of their appointment, or as provided in the Texas Election Code, for election of the vacant offices, if for good reasons it is known a quorum of the present City Council will never again meet. If it is determined that a quorum of the City Council will meet again, the appointed Council Members shall serve in their position until such time as the Council Members may begin serving. [End of Article XII] 2 "d Quarter Financial Report CITY OF Prepared By: The Finance Department March 3 1st, 2017 C�TY OF SCHERIZ REVENUE AND EXPENSE REPORT (UNAUDITED) Quarterly Statement AS OF� MARCH 31ST, 2017 1, 2016-201,17 ....... - ...... * .......... Schertz, Texas CURRENT CURRENT Y-T-D D BUDGET 50% OF BUDGET Y-T-D ACTUAL C M B R ENCUMBIR E N BALANCE BUDGET General Fund, 101 T-otal Revenues 29,601,195.00 19,691,379.94 9,909,815.06 66.52% Total General Government 7,491,948.20 2,749,934.08 '-T 5-- �6 420,510�63 2 0 10 4,321,503.49 42.32% T-otal Public Safety 12,209,393.49 5,732,436.56 478,190.32 1 d2,Y0254O 5,998,766.61 50.87% Total Public Environment 1,227,407.00 486,550A9 159,129�96 581,72&85 52.61% Total Parks & Recreation 1,814,217.00 621,064.48 82,082.83 1,111,069.69 38.76% Total Cultural 868,161.00 418,431 �88 7,248.09 442,481.03 49.03% Total Health 787,854.00 379,572.87 62,291.93 345,989.20 56.08% Total internal services 4,929,355.00 2,278,352.84 172,084�09 2,478,918.07 49.71% Total Misc & Projects 264,708.00 123,375.85 139,306.75 47.37% General Fund, 101 Total Cash in Bank & Investments 17,031,622.89 Special Events Fund, 106 Total Revenues 161,350.00 38,866.84 - 122,483.16 24.09% Total Expenditures 156,350�00 43,039.45 3,701.93 109,60&62 29.90% Special Events Fund, 106 Total Cash in Bank & Investments 65,618.77 Peg Fund, 110 Total Revenues 113,300�00 45,772.60 40.40% T-0tal Expenditures 108,600.00 449.00 2,762.70 1 2.96% Peg Fund, 110 Total Cash in Bank & Investments 599,980.64 .... . .......... YlaEer& Sewer, 202 2!_ Total Revenues Tot 21,293,219.00 10,929,679.94 - 10,363,539.06 51.33% T T. tl otal Expenditures 21,273,817.00 9,477,743.18 55,761.23 11,740,312.59 44.81% W W t ater & Sewer, 202 Total Cash in Bank & Investments 5,817,898.38 EMS, 203 T-otal Revenues 9,044,267.17 4,279,576.05 - 4,764,691.13 47.32% Total Expenditures 8,928,350.81 3,778,758.57 193,490,00 4,956,102.24 44A9% EMS, 203 Total Cash in Bank & Investments 270,925.19 Drainage, 204 Total Revenues 1,148,200.00 577,98278 - 570,217,22 50.34% T-otal Expenditures 1,122,764.00 463,557.68 11,464.19 1 647,742.13 42.31% Drainage, 204 Total Cash in Bank & Investments 1,043,911.79 CITY OF SCfiERTZ REVENUE AND EXPENSE REPORT(UNAUDITED) Quarterly Statement AS 0;-� MARCH 31S1, 20V 2016-2017 Schertz, Texas T CURRENT CURREN'T Y-T-D BUDGET 50% OF UDGET BUDGET Y-T-D ACTUAL ENCUMBR BALANCE BUDGET Hotel Tax, 314 I I I T—otal Revenues 611,452.00 1 00 6 1 , 45fl2 201,977.53 409,474.47 33.03% Total Expenditures 260,995�00 120,14156 28,585�57 112,265�87 56.99% Hotel Tax, 314 Total Cash in Bank & Investments ;RREN 1,188,837.46 Park, 317 Total Revenues 185,000�00 98,509.04 - 86,490.96 53.25% Total Expenditures 185,000.00 4,005.00 10,557.49 170,437.51 7.87% Park, 317 Total Cash in Bank & Investments 439,225.70 Tree Mitigation, 319 fotal Revenues 142,000.00 59,188.86 - 82,811.14 41.68% Total Expenditures 142,000�00 45,72150 36,000�00 60,27&50 57.55% Tree Mitigation, 319 Total Cash in Bank & Investments 353,851.82 Capital Recovery Water, 411 Total Revenues 1,040,600.00 643,41734 397,182�66 61.83% Total Expenditures 156,000.00 1,000.00 155,000.00 0.64% Capital Recovery Water, 411 Total Cash in Bank & Investments 4,016,932.95 Capital Recovery Sewer, 421 T—otal Revenues 625,500,00 275,88532 349,614,68 44.11% Total Expenditures 235,500.00 3,175.49 232,324.51 1.35% Capital Recovery Sewer, 421 Total Cash in Bank & Investments 5,102,832.47 I&S, 505 T—otal Revenues 6,614,581.00 6,129,488.15 485,092.85 92.67% Total Expenditures 6,614,581 �00 5,331,13169 1,283,44731 80.60% I&S, 505 Total Cash in Bank & Investments 2,109,931.34 -------------------------------------------- ----------------------------- Corporation, 620 Revenues 3,738,260�00 1,805,962A4 1,932,29T86 4831 % Expenditures 2,062,617.00 247,348.26 236.61 1,815,032.13 12.00% Corporation, 620 Total Cash in Bank & Investments 12,219,604.44 lTotal Cash in Bank & Investments 50,261.173.84 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31st, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6 - 2 0 1 7********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Taxes 18,720,400.00 7,880.50 6,383,173.39 14,884.99 13,792,026.80 14,470,014.51 46.32% - 4,250,385.49 77.30% 89.97 Franchises 2,306,600.00 - 547,439.91 10.52% 991,458.51 1,060,937.86 406.29 - 1,245,662.14 33,581.20 46.00% 19,918.80 Permits 1,232,500.00 500.00 409,090.50 94.85 570,471.51 927,395.50 163.96 - 305,104.50 Staff Support 75.25% 5,037.59 Licenses 51,160.00 611.21 19,042.50 66.64% 26,119.50 34,207.50 - - 16,952.50 723.00 66.86% (83.00) Fees 2,251,582.00 116,982.00 671,230.49 89,756.84 1,232,727.65 1,274,931.49 48,054.89 - 976,650.51 CITY MANAGER 56.62% Fines 28,000.00 6,089.36 12,154.77 11,279.78 246,722.37 - 16,720.22 485,861.80 40.28% 590,503.20 Inter - Jurisdictional 879,508.00 2,750.00 201,822.39 940.33 396,001.67 431,152.43 1,997.18 - 448,355.57 City Support Services 49.02% - Fund Transfers 3,642,745.00 - 603,938.76 66.22% 806,898.26 1,207,877.48 48.00 - 2,434,867.52 65.99 33.16% (65.99) Miscellaneous 488,700.00 35,745.00 156,936.65 8,029.49 280,418.09 273,583.39 25,688.09 - 215,116.61 TOTAL CITY MANAGER 55.98% 252,027.08 TOTAL REVENUES 29,601,195.00 8,998,763.95 620,667.63 18;108,276176 19,691,379.94 - 9,909,815.06 66.52 %i EXPENDITURE SUMMARY ;e3�17_1�Ki1�17►1�1�►ki1 C�iii���I�P►L�I1 Personnel Services 32,132.00 7,880.50 11,306.65 14,884.99 - 17,247.01 46.32% Supplies 1,300.00 89.97 60.24 136.78 - 1,163.22 10.52% City Support Services 53,500.00 406.29 66,883.04 33,581.20 - 19,918.80 62.77% Operations Support 500.00 140.40 94.85 336.04 - 163.96 67.21% Staff Support 28,910.00 5,037.59 11,412.06 18,653.89 611.21 9,644.90 66.64% Operating Equipment 640.00 - - 723.00 - (83.00) 112.97% TOTAL CITY COUNCIL 116,982.00 13,554.75 89,756.84 68,31!5.90 611.21 48,054.89 58.92% CITY MANAGER Personnel Services 1,076,365.00 246,722.37 413,742.78 485,861.80 - 590,503.20 45.14% Supplies 2,750.00 543.85 940.33 572.92 179.90 1,997.18 27.38% City Support Services 7,535.00 - - 4,989.85 - 2,545.15 66.22% Utility Services - 48.00 114.82 65.99 - (65.99) 0.00% Staff Support 35,745.00 4,712.86 8,029.49 8,622.18 1,434.73 25,688.09 28.14% TOTAL CITY MANAGER 1,122,395.00 252,027.08 422,827.42 500,11214 1,614.63 620,667.63 44.70 %d CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31st, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6 - 2 0 1 7********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET MUNICIPAL COURT Personnel Services 287,455.00 63,213.35 134,332.43 140,101.02 - 147,353.98 48.74% Supplies 2,000.00 213.43 523.32 442.35 314.85 1,242.80 37.86% City Support Services 1,000.00 - - 37.78 - 962.22 3.78% Operations Support 3,250.00 - 941.00 - - 3,250.00 0.00% Staff Support 7,310.00 538.57 2,323.70 978.13 1,193.34 5,138.53 29.71% Court Support 700.00 186.00 - 186.00 - 514.00 26.57% Professional Services 67,200.00 15,450.00 22,473.88 28,150.00 32,290.00 6,760.00 89.94% Maintenance Services 2,000.00 970.00 950.00 1,470.00 380.00 150.00 92.50% Operating Equipment - - 3,137.21 39.02 - (39.02) 0.00% TOTAL MUNICIPAL COURT 370,915.00 80,571.35 164,681:54 171,404.30 34,178.19 165,332.51 55.43 %d CUSTOMER RELATIONS -311 Personnel Services 113,744.00 25,583.91 53,181.64 56,626.11 - 57,117.89 49.78% Supplies 150.00 16.31 47.43 40.30 - 109.70 26.87% Staff Support 475.00 99.00 133.32 99.00 - 376.00 20.84% TOTAL CUSTOMER RELATIONS -311 114,369.00` 25,699.22 53,362.39 56,765.41 - 57,603.59 49.63 % s PLANNING & ZONING Personnel Services 190,445.00 44,035.61 50,332.78 92,057.68 - 98,387.32 48.34% Supplies 3,060.00 270.49 388.16 270.49 115.95 2,673.56 12.63% Operations Support 150.00 13.50 - 13.50 48.99 87.51 41.66% Staff Support 24,299.00 2,574.81 1,791.87 3,553.79 211.19 20,534.02 15.49% Professional Services 170.00 19.00 34 89 - 81.00 52.35% Operating Equipment - - - - 3,400.40 (3,400.40) 0.00% TOTAL PLANNING & ZONING 218,124.00'' 46,913.41 52,546.81 95,984.46 3,776.53 118,363.01 45.74% LEGAL SERVICES Operations Support 10,000.00 - 950.66 559.66 770.66 8,669.68 13.30% Professional Services 230,000.00 24,476.39 39,510.59 28,715.18 - 201,284.82 12.48% TOTAL LEGAL SERVICES 240,000.00 24,476.39 40,461.25 29,274.84 770.66 209,954.50 12.52 % ` CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31st, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6 - 2 0 1 7********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET GENERAL SERVICES 658,860.00 111,007.77 243,001.96 Personnel Services - - 265,474.32 - - - 0.00% Supplies - - 38,646.74 - - - 0.00% Utility Services - - 71,965.74 - - - 0.00% Staff Support - - 4,350.94 - - - 0.00% Maintenance Services - - 13,636.59 - - - 0.00% TOTAL GENERAL SERVICES - - 394,074.33 - - 0.00 % `; CITY SECRETARY 252,041.94 740,297.28 57.26% Personnel Services 175,687.00 41,038.67 82,505.47 86,123.44 - 89,563.56 49.02% Supplies 1,350.00 376.76 (177.07) 786.71 299.00 264.29 80.42% City Support Services 12,500.00 159.20 3,914.02 2,025.03 - 10,474.97 16.20% Staff Support 6,225.00 834.38 2,359.93 2,430.44 306.22 3,488.34 43.96% TOTAL CITY SECRETARY 195,762.00< 42,409;01 88,602.35 91,365.62 605.22 103,791.16 46.98% NON - DEPARTMENTAL City Support Services 658,860.00 111,007.77 243,001.96 276,441.94 83,549.50 298,868.56 54.64% Operations Support 141,500.00 (24,188.51) 75,253.56 11,395.15 5,437.32 124,667.53 11.90% Staff Support 200.00 85.50 10,000.00 165.50 - 34.50 82.75% City Assistance 1,732,157.00 613,796.81 756,778.19 739,817.78 252,041.94 740,297.28 57.26% Professional Services 71,135.00 15,606.55 39,257.76 27,559.93 29,450.00 14,125.07 80.14% Fund Chrgs /Transfrs -Spec Events Fnd 1,011,700.00 - - - - 1,011,700.00 0.00% Operating Equipment - - 1,874.00 - - - 0.00% TOTAL NON- DEPARTMENTAL 3,615,552.00'' 716,308.12 1;126,165:47 1,055,380.30 370,47816 2,189,692.94 39.44% CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31st, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6 - 2 0 1 7********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET PUBLIC AFFAIRS Personnel Services 271,039.00 61,858.24 127,207.26 132,316.23 - 138,722.77 48.82% Supplies 2,300.00 485.68 357.46 579.74 66.15 1,654.11 28.08% Operations Support 22,450.00 4,501.90 9,292.15 5,219.90 35.98 17,194.12 23.41% Staff Support 4,000.00 398.00 783.44 699.00 - 3,301.00 17.48% Professional Services 24,000.00 12,100.00 - 22,900.00 - 1,100.00 95.42% Operating Equipment 1,000.00 - - - - 1,000.00 0.00% TOTAL PUBLIC AFFAIRS 324,789.00> 79,343.82 137,640:31 161,714.87 102.13 162,972.00 49.82% RECORDS MANAGEMENT Personnel Services 52,832.00 7,513.82 25,455.36 22,253.71 - 30,578.29 42.12% Supplies 250.00 31.22 66.37 31.22 - 218.78 12.49% Staff Support 350.00 - 44.44 - - 350.00 0.00% Professional Services 12,000.00 2,656.50 4,368.00 4,712.55 233.28 7,054.17 41.22% Operating Equipment 250.00 - - - - 250.00 0.00% TOTAL RECORDS MANAGEMENT 65,682.00 10,201.54 29,934.17 26,997.48 233.28 38,451.24 41.46 %s SCHERTZ MAGAZINE Personnel Services 133,608.00 30,255.96 50,159.62 66,025.60 - 67,582.40 49.42% Supplies 200.00 29.49 27.50 29.49 - 170.51 14.75% Opperations Support 1,120.00 - - - 46.98 1,073.02 4.19% Staff Support 1,860.00 478.00 158.10 496.00 175.00 1,189.00 36.08% Professional Services 245,754.00 78,979.96 110,189.54 127,436.55 35.00 118,282.45 51.87% Fund Charges /Transfers 10,000.00 - - - - 10,000.00 0.00% Operating Equipment 126.00 - - - 125.98 0.02 99.98% TOTAL SCHERTZ MAGAZINE 392,668.00'1 109,74141 160,534.76 193,987.64 382.96 198,297.40 49.50 % ` ENGINEERING Personnel Services 462,286.00 91,422.37 90,595.64 190,333.69 - 271,952.31 41.17% Supplies 1,620.00 70.32 549.80 124.96 14.99 1,480.05 8.64% City Support Services 295.20 - 590.40 - - 295.20 0.00% Utility Services 3,500.00 277.41 180.76 282.14 - 3,217.86 8.06% Operations Support 2,550.00 35.98 - 35.98 - 2,514.02 1.41% Staff Support 9,475.00 574.79 1,051.48 772.79 111.00 8,591.21 9.33% Professional Services 70,800.00 27,986.40 495.00 27,986.40 5,795.00 37,018.60 47.71% Maintenance Services - - - - - - 0.00% Rental /Leasing 2,825.00 2,824.48 - 2,824.47 - 0.53 99.98% Operating Equipment 400.00 - - - - 400.00 0.00% TOTAL ENGINEERING 553,751.20 123,191.75 93,463.08 222,360.43 5,920.99 325,469.78 41.22% CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31st, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6 - 2 0 1 7********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET GIS Personnel Services 151,979.00 34,701.50 68,504.15 74,470.04 - 77,508.96 49.00% Supplies 2,295.00 - - - 620.52 1,674.48 27.04% Staff Support 4,600.00 931.80 - 931.80 - 3,668.20 20.26% Rental /Leasing 2,085.00 347.30 1,041.90 868.25 1,215.55 1.20 0.00% TOTAL GIS 160,959.00 35,980.60 69,546.05 76,270.09 1,836.07 82,852.84 48.53% TOTAL GENERAL` GOVERNMENT 7,491,948.20' 1,560,420.45 2,923,596.77 2,749,934.08 420,510.63 4,321,503.49 42.32 %' PUBLIC SAFETY POLICE Personnel Services 6,038,924.00 1,326,022.30 2,740,980.25 2,892,026.12 - 3,146,897.88 47.89% Supplies 83,973.38 7,322.12 18,579.22 19,710.25 54,952.34 9,310.79 88.91% City Support Services 19,081.00 - 19,081.45 21,294.42 - (2,213.42) 111.60% Utility Services 96,587.40 18,127.98 25,450.41 30,114.51 - 66,472.89 31.18% Operations Support 3,065.00 1,063.91 1,566.87 1,443.75 - 1,621.25 47.10% Staff Support 136,580.30 15,464.21 20,395.52 26,783.05 35,717.52 74,079.73 45.76% City Assistance 9,587.00 5,527.49 3,057.88 6,462.67 - 3,124.33 67.41% Professional Services 40,408.00 12,655.28 20,008.34 27,518.37 304.37 12,585.26 68.85% Maintenance Services 56,032.95 11,120.48 35,350.59 20,905.48 - 35,127.47 37.31% Rental /Leasing 46,000.00 44,219.48 - 44,219.48 - 1,780.52 96.13% Operating Equipment 80,676.05 1,923.24 100,315.15 20,684.46 11,684.59 48,307.00 40.12% Capital Outlay 470,652.41 34,793.22 199,126.25 64,535.02 351,745.30 54,372.09 88.45% TOTAL POLICE 7,081,567.49 1,478,239.71 3,183,911.93 3,175,697.58 454,404.12 3,451,465.79 51.26 %s FIRE RESCUE Personnel Services 3,541,745.00 792,564.88 1,547,747.90 1,731,932.61 - 1,809,812.39 48.90% Supplies 14,800.00 1,454.03 8,330.52 2,779.66 500.62 11,519.72 22.16% Utility Services 44,200.00 10,938.21 18,230.64 19,492.56 316.20 24,391.24 44.82% Operations Support 550.00 - 669.69 - - 550.00 0.00% Staff Support 138,150.00 46,076.65 57,502.52 84,007.78 8,715.51 45,426.71 67.12% City Assistance 18,700.00 1,275.91 101.49 2,557.85 - 16,142.15 13.68% Professional Services 35,200.00 - 275.00 - - 35,200.00 0.00% Maintenance Services 48,500.00 9,198.91 16,512.05 12,287.94 - 36,212.06 25.34% Rental /Leasing 16,890.00 3,950.82 8,014.01 8,014.01 7,901.64 974.35 94.23% Operating Equipment 81,825.00 9,901.86 42,440.70 30,076.32 4,017.63 47,731.05 41.67% Capital Outlay 44,500.00 37,500.00 - 44,300.23 - 199.77 99.55% TOTAL FIRE RESCUE 3,985,060.00' 912,861.27 1,699,824.52 1,935,448.96 21,451.60 2,028,1159.44 49.11 %d CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31st, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6 - 2 0 1 7********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET INSPECTIONS Personnel Services 541,414.00 126,264.59 222,564.89 271,857.72 - 269,556.28 50.21% Supplies 3,835.00 1,145.32 1,062.31 1,622.72 133.10 2,079.18 45.78% Utility Services 5,000.00 726.23 1,349.19 1,231.27 - 3,768.73 24.63% Operations Support 2,000.00 614.00 294.00 968.51 48.98 982.51 50.87% Staff Support 26,680.00 4,725.02 3,256.96 6,820.89 838.77 19,020.34 28.71% Professional Services 60,000.00 39,650.00 24,897.00 85,750.00 - (25,750.00) 142.92% TOTAL INSPECTIONS 638,929.00 173,125.16 253,424.35 368,251.11 1,020.85 269,657.04 57.80 %? MARSHAL'S OFFICE Personnel Services 448,770.00 101,337.56 290,339.92 230,005.87 - 218,764.13 51.25% Supplies 3,350.00 1,117.16 2,089.67 1,219.59 215.78 1,914.63 42.85% Utility Services 10,000.00 1,484.98 2,489.14 2,381.55 - 7,618.45 23.82% Operations Support 1,000.00 - 271.48 - 177.00 823.00 17.70% Staff Support 12,540.00 581.10 3,551.32 1,148.11 920.97 10,470.92 16.50% City Assistance 1,250.00 - - - - 1,250.00 0.00% Maintenance Services 4,700.00 600.00 2,531.00 800.00 - 3,900.00 17.02% Operating Equipment 4,227.00 2,080.74 2,697.06 2,080.74 - 2,146.26 49.22% Capital Outlay 18,000.00 900.00 70,112.00 15,403.05 - 2,596.95 85.57% TOTAL MARSHAL'S OFFICE 503,837.00 108,101.54 374,081 >.59 253,038.91 1,313.75 249,484.34 50.48 %` TOTAL PUBLIC SAFETY 12,209,393.49i! 2,672,327.68 5!;511,24239 5,732,436.56 478,190.32 5,998,766.61 50.87% CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31st, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6 - 2 0 1 7********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET PUBLIC ENVIRONMENT 21,100.00 3,156.19 441.98 7,823.77 1,025.10 12,251.13 41.94% Utility Services STREETS 8,675.96 4,649.59 11,633.67 PARKS DEPARTMENT 55.40% Maintenance Services 675,878.00 Personnel Services 741,825.00 162,167.35 326,116.76 367,092.83 - 374,732.17 49.49% Supplies 95,650.00 9,605.88 2,951.06 16,304.74 2,881.71 76,463.55 20.06% Utility Services 149,200.00 39,285.06 60,009.89 65,541.72 - 83,658.28 43.93% Staff Support 9,950.00 2,605.16 4,335.74 4,465.47 289.97 5,194.56 47.79% Professional Services 31,950.00 5,037.50 10,837.15 5,037.50 66,667.00 (39,754.50) 224.43% Maintenance Services 42,000.00 9,817.58 30,066.86 21,032.94 390.00 20,577.06 51.01% Rental /Lease 2,000.00 - - 259.00 483.53 1,257.47 37.13% Operating Equipment 12,201.00 - - - 227.68 11,973.32 1.87% Capital Outlay 142,631.00 6,815.99 - 6,815.99 88,190.07 47,624.94 66.61% TOTAL STREETS 1,227,407.00 235,334.52 434,317:46 486,550.19 159,129.96 581,726.85 52.61% TOTAL PUBLIC ENVIRONMENT 1,227,407.00 235,334.52 434,317.46 486,550.19 159,129.96 581,726.85 52.61% PARKS & RECREATION 21,100.00 3,156.19 441.98 7,823.77 1,025.10 12,251.13 41.94% Utility Services 21,000.00 8,675.96 4,649.59 11,633.67 PARKS DEPARTMENT 55.40% Maintenance Services 675,878.00 105,908.70 - 106,500.17 44,542.82 524,835.01 22.35% TOTAL SWIM POOL 717,978.00: Personnel Services 531,943.00 103,066.22 219,680.89 245,066.57 - 286,876.43 46.07% Supplies 34,955.00 5,414.10 22,337.77 10,107.09 3,728.61 21,119.30 39.58% City Support Services 6,500.00 2,149.58 989.00 5,575.93 647.31 276.76 95.74% Utility Services 171,200.00 58,642.98 64,044.89 101,933.37 57.58 69,209.05 59.57% Operations Support 700.00 - 606.04 551.40 - 148.60 78.77% Staff Support 10,625.00 2,746.39 2,274.23 5,327.31 1,059.41 4,238.28 60.11% Professional Services 82,500.00 28,629.13 31,660.42 39,439.95 3,691.50 39,368.55 52.28% Maintenance Services 26,000.00 12,310.64 5,766.76 15,133.44 1,928.81 8,937.75 65.62% Rental /Leasing 41,600.00 9,321.44 18,114.96 19,023.40 18,114.96 4,461.64 89.27% Operating Equipment 16,000.00 1,929.13 1,581.09 4,924.13 675.80 10,400.07 35.00% Capital Outlay 10,000.00 - - - - 10,000.00 0.00% TOTAL PARKS DEPARTMENT 932,023.00 224,209 >61 367,056.05 447,082.59 29,90198 455,036.43 51.18% SWIM POOL Supplies 21,100.00 3,156.19 441.98 7,823.77 1,025.10 12,251.13 41.94% Utility Services 21,000.00 8,675.96 4,649.59 11,633.67 - 9,366.33 55.40% Maintenance Services 675,878.00 105,908.70 - 106,500.17 44,542.82 524,835.01 22.35% TOTAL SWIM POOL 717,978.00: 117,740.85 5,091?.57 125,957.61 45,567.92 546,45247 23.89% CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31st, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6 - 2 0 1 7********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET EVENT FACILITIES Personnel Services 59,006.00 14,069.81 24,892.42 28,808.40 - 30,197.60 48.82% Supplies 15,000.00 778.98 5,913.35 1,544.64 60.93 13,394.43 10.70% Utility Services 51,750.00 9,148.89 19,760.40 17,113.84 - 34,636.16 33.07% Operations Support 10,900.00 1,102.53 4,654.99 1,102.53 3,800.00 5,997.47 44.98% Staff Support 2,180.00 323.60 565.00 1,305.48 - 874.52 59.88% Operating Equipment 25,380.00 - 5,029.37 (1,850.61) 2,750.00 24,480.61 3.54% TOTAL EVENT FACILITIES 164,216.00- 25,423.81 60,815,53 48,024.28 6,610.93 109,580.79 33.27 % ' SENIOR CITIZEN CENTER 879.95 215.99 2,054.06 34.79% Supplies - - 2,180.62 - - - 0.00% Utility Services - - - - - - 0.00% Operations Support - - - - - - 0.00% City Assistence - - 19,136.93 - - - 0.00% Professional Services - - 1,016.77 - - - 0.00% Maintenance Services - - 138.50 - - - 0.00% TOTAL SENIOR CITIZEN CENTER - - 22,472182 - - - 0.00 %o- TOTAL PARKS & RECREATION 1,814,217.00 367,374.27 455,435.97 621,064.48 82,082.83 1,111,069.69 38.76% CULTURAL LIBRARY Personnel Services 677,981.00 162,716.23 327,308.40 341,447.14 - 336,533.86 50.36% Supplies 15,000.00 1,368.29 7,226.79 5,645.78 1,641.50 7,712.72 48.58% Utility Services 55,600.00 8,176.84 19,534.51 12,856.93 - 42,743.07 23.12% Operations Support 3,150.00 647.97 489.66 879.95 215.99 2,054.06 34.79% Staff Support 6,615.00 748.63 2,378.07 1,705.73 - 4,909.27 25.79% Professional Services 2,315.00 - 2,247.00 2,252.00 - 63.00 97.28% Operating Equipment 107,500.00 25,637.95 49,253.00 53,644.35 5,390.60 48,465.05 54.92% TOTAL LIBRARY 868,161.00 199,295.91 408,437.43 418,4311.88 7,248.09 442,481.03 49.03% TOTAL CULTURAL 868,161.00' 199,295.91 408,437.43 418,431.88 7,248.09 442,481.03 49.03 % CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31st, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6 - 2 0 1 7********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET HEALTH ANIMAL SERVICES Personnel Services 320,519.00 75,371.78 138,944.26 157,236.40 431.70 162,850.90 49.19% Supplies 33,380.00 5,004.30 8,790.12 13,049.89 317.83 20,012.28 40.05% City Support Services 3,500.00 902.37 - 2,052.13 - 1,447.87 58.63% Utility Services 37,500.00 12,222.45 13,608.00 19,739.35 - 17,760.65 52.64% Operations Support 1,000.00 - - 690.00 - 310.00 69.00% Staff Support 10,750.00 382.00 3,466.21 1,983.61 - 8,766.39 18.45% City Assistance 18,550.00 3,779.74 4,253.18 5,886.43 - 12,663.57 31.73% Professional Services 25,000.00 4,986.50 4,648.65 7,021.26 - 17,978.74 28.09% Maintenance Services 17,010.00 26,864.02 5,751.09 50,971.72 572.40 (34,534.12) 303.02% Operating Equipment 38,000.00 1,510.66 1,799.34 1,510.66 - 36,489.34 3.98% Capital Outlay 63,000.00 27,870.00 - 27,870.00 60,745.00 (25,615.00) 140.66% TOTAL ANIMAL SERVICES ` 568,209.00 158,893.82 181,260.85 288,011.45 62,066.93 218,130.62 61.61 % ENVIRONMENTAL HEALTH Personnel Services 190,240.00 42,744.72 - 85,556.17 - 104,683.83 44.97% Supplies 3,505.00 243.86 - 312.56 100.00 3,092.44 11.77% Operations Support 1,800.00 30.34 - 43.29 - 1,756.71 2.41% Staff Support 6,550.00 241.00 - 2,353.49 - 4,196.51 35.93% City Assistance 1,000.00 - - 201.47 - 798.53 20.15% Professional Services 500.00 176.00 - 176.00 - 324.00 35.20% Maintenance Services 10,600.00 675.00 - 2,485.00 125.00 7,990.00 24.62% Operating Equipment 5,450.00 433.44 - 433.44 - 5,016.56 7.95% TOTAL ANIMAL SERVICES 219,645.00 44,544.36 - 91,561.42 225.00 127,858.58 41.79 % TOTAL HEALTH 787,854.00` 203,438.18 181,260`.85 379,572.87 62,291.93 345,989.20 56.08 % i CITY O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDUED) AS OF: MARCH 31st, 2017 2U1V-2V1T 101GENERALqJmo CURRENT CURRENT PRIOR YEAR v�o Y�o BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y�-DACTUAL ACTUAL ENCUMBR BALANCE BUDGET INTERNAL SERVICE INFORMATION TECHNOLOGY Personnel Services 524,491.00 109.168.24 200,617.69 215.791.85 - 300,698.05 4114% Supplies 7,000.00 700.00 573.94 1,625.50 1.837.50 3.530.94 49.47% City Support Services 519.102.00 150.030.08 239.827.14 235.700.80 74.540.64 200.800.40 59.76% Utility Services 227.040.00 43.143.55 97.808.99 91,135.76 7.199.69 129.510.55 43.20% Staff Support 34.100.00 9.10221 24.807.81 15.58970 2.303.87 10.200.33 5247% Maintenance Services 17.580.00 3.449.90 0.009.98 4.772.38 3.03723 8.870.38 48.87% Rental/Leasing 38.047.00 9.511.47 25.363.92 22.18343 3.17049 12.083.08 Operating Equipment 227.123.00 00.501.07 04.230.91 115.438.80 13.91744 97.70070 50.85% Capital Outlay 13�00.00 -_ -_ -_' -_ --_-13\000.00 0.00% TOTAL INFORMATION 1g608,149'00 398,483.09 080,140�28 702,254.46 106,815.02 7e9 HUMAN RESOURCES Personnel Services 350.331.00 09.002.90 120.000.05 151.214.35 198.110.05 43.16Y6 Supplies 1.000.00 159.53 71636 188.08 811.92 18.81% Human Services 74.500.00 14.590.87 23.918.09 24.303.45 183.80 50.012.09 32.87% Operations Support 10.000.00 579.00 3.215.90 1.948.80 - 8.053.40 18.47'& Staff Support 14.100.00 1,971.07 10.324.74 3,40828 547.91 10.083.81 28.48% City Assistance 10.000.00 2.154.00 7.222.50 2.802.00 - 7.138.00 28.02'& Professional Services 9.000.00 2.73425 4.518.50 4.908.50 - 4.631.50 51.76% Operating Equipment 1,000.00 67.80 1,362.96 67.80 -_ 932.20 6.78% TOTAL HUMAN RESOURCES FINANCE Personnel Services 586.957.00 113.204.70 244.034.52 270.703.92 - 310.253.09 47.14% Supplies 4.550.00 972.55 1.842.09 2.803.48 1.740.52 61.01% Operations Support 2.000.00 1.024.09 1.970.05 1.800.08 119.34 94.03Y6 Staff Support 8.525.00 150.00 5,199.78 1.015.00 1.700.00 5.810.00 31.85% Operating Equipment ---____-_ -----___-_. -_ ---___59.99 ---___--_ ---___|59.99 ) 0gX0% TOTAL FINANCE 602,032.00 116,151.94 253,65104 282,46105 1,70000 317,868.95 47.20% CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31st, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6 - 2 0 1 7********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET PURCHASING & ASSET MGT Personnel Services 190,620.00 187,302.95 42,985.04 70,515.36 70,994.61 69,491.75 1,236.06 - 121,128.25 36.46% Supplies 1,050.00 Supplies 52.11 34,407.66 255.31 104.82 - 945.18 9.98% Utility Services 250.00 45.40 189,515.00 63.66 61.50 1,042.52 - 188.50 - 24.60% Operations Support 100.00 30.48% 35.98 Staff Support - 26.35 - 73.65 7,440.52 26.35% Staff Support 6,600.00 1,340.52 2,565.14 1,370.52 112.17 5,117.31 22.47% City Assistance 3,000.00 48,000.00 594.00 0.00% 1,884.46 765.00 161,512.00 40.00 2,195.00 41,151.78 26.83% TOTAL PURCHASING & ASSET MGT 201,620.00 45,053.05 75,763.18 71,819.94 117.81% 152.17 129,647.89 2,250.00 35.70 %% FLEET SERVICE 1,263.27 2,210.69 - 39.31 98.25% Operating Equipment 2,700.00 Personnel Services 347,327.00 - 77,407.75 - 137,298.82 164,654.76 2,700.00 - 182,672.24 47.41% Supplies 157,200.00 - 51,731.04 70,996.22 88,794.21 9,584.00 58,821.79 77.67% 62.58% City Support Services 6,150.00 364,538.61 159,375:10 - 2,244.72 2,354.40 576,539.80 - 3,795.60 % ' 38.28% Utility Services 6,200.00 1,722,477.94 1,578.56 2,278,352.84 1,895.51 3,255.73 2,478,918.07 - 2,944.27 52.51% Operations Support 200.00 59.69 - 59.69 - 140.31 29.85% Staff Support 10,900.00 2,018.51 3,603.72 3,570.70 770.28 6,559.02 39.83% Maintenance Services 120,750.00 31,541.12 69,825.70 85,410.20 9,238.99 26,100.81 78.38% Operating Equipment 8,200.00 3,122.74 7,941.49 3,122.74 108.96 4,968.30 39.41% Capital Outlay 89,000.00 - 88,461.00 - - 89,000.00 0.00% TOTAL FLEET SERVICE 745,927.00 167,459.41 382,267:18 351,222.43 19,702.23 375,002.34 49.73 % BUILDING MAINTENANCE Personnel Services 781,125.00 187,302.95 70,515.36 379,692.43 1,236.06 400,196.51 48.77% Supplies 68,550.00 34,407.66 324.44 55,072.39 4,834.48 8,643.13 87.39% Utility Services 189,515.00 34,462.75 1,042.52 57,771.67 - 131,743.33 30.48% Staff Support 14,194.00 2,446.57 1,292.74 7,440.52 192.35 6,561.13 53.78% Professional Services 48,000.00 - 43,784.99 - - 48,000.00 0.00% Maintenance Services 161,512.00 105,768.68 41,151.78 179,385.60 10,894.31 (28,767.91) 117.81% Rental /Leasing 2,250.00 150.00 1,263.27 2,210.69 - 39.31 98.25% Operating Equipment 2,700.00 - - - - 2,700.00 0.00% Capital Outlay 33,250.00 - - - 25,825.70 7,424.30 77.67% TOTAL BUILDING MAINTENANCE 1,301,096.00 364,538.61 159,375:10 681,57130 42,982.90 576,539.80 55.69 % ' TOTAL INTERNAL SERVICE 4,929,355.00 1,182,946.18 1,722,477.94 2,278,352.84 172,084.09 2,478,918.07 49.71 %os CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31st, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6 - 2 0 1 7********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET MISC & PROJECTS CITY ASSISTANCE City's Assistance to Agencies 245,260.00 68,864.96 60,600.21 123,018.85 185.40 122,055.75 50.23% TOTAL CITY' ASSISTANCE 245,260.00 68,864.96 60,600.21 123,018.85 185.40 122,055.75 50.23% COURT - RESTRICTED FUNDS Operating Equipment 19,448.00 357.00 3,924.25 357.00 1,840.00 17,251.00 11.30% TOTAL CITY' ASSISTANCE 19,448.00 357.00 3,924.25 357.00 1,840.00 17,251.00 11.30 % f TOTAL MISC & PROJECTS 264,708.00 69,221.96 64,524.46 123,375.85 2,025.40 139,306.75 47.37 %': TOTAL EXPENDITURES 29,593,04169: 6,490,359.15 11;701,29127 12,789,718.75 1,383,563.25 1`5,419,761.69 47.89 %m REVENUE OVER(UNDER)! EXPEND. 8,151.31 6,901,661.19 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: MARCH 31st, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6- 2 0 1 7********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Taxes 000-411100 Advalorem Tax - Current 11,203,881.00 4,742,854.50 10,226,918.93 10,938,496.60 - 265,384.40 97.63% 000 - 411200 Advalorem Tax - Delinquent 40,000.00 11,243.45 9,865.80 (15,187.90) - 55,187.90 - 37.97% 000 - 411300 Advalorem Tax - P &I 45,000.00 19,431.33 28,307.38 25,957.14 - 19,042.86 57.68% 000 - 411500 Sales Tax Revenue -Gen Fund 7,385,419.00 1,599,525.82 3,505,101.95 3,498,360.30 - 3,887,058.70 47.37% 000 - 411600 Bingo Tax 100.00 31.25 0.62 31.25 - 68.75 31.25% 000 - 411700 Mixed Beverage Tax 46,000.00 10,087.04 21,832.12 22,357.12 - 23,642.88 48.60% TOTAL Taxes 18,720,400.00 6,383,173.39 13,792,026:80 14;470,014.51 - 4,250,385.49 77.30 %'' Franchises 000 - 421200 Center Point /Entex Energy 74,000.00 27,979.16 39,531.57 42,450.08 - 31,549.92 57.36% 000 - 421220 City Public Service 873,600.00 185,086.19 334,784.31 390,254.51 - 483,345.49 44.67% 000 - 421240 Guadalupe Valley Elec Co -op 513,000.00 122,964.66 211,351.55 222,092.46 - 290,907.54 43.29% 000 - 421250 New Braunfels Utilities 70,000.00 14,479.42 30,652.99 31,346.38 - 38,653.62 44.78% 000 - 421300 Time Warner -State Franchise 238,000.00 59,477.61 128,008.78 127,267.05 - 110,732.95 53.47% 000 - 421460 AT &T Franchise Fee 300,000.00 78,003.31 129,548.75 124,721.11 - 175,278.89 41.57% 000 - 421480 Other Telecom Franchise 100,000.00 24,802.38 49,979.19 52,345.65 - 47,654.35 52.35% 000 - 421500 Solid Waste Franchise Fee 138,000.00 34,647.18 67,601.37 70,460.62 - 67,539.38 51.06% TOTAL Franchises 2,306,600.00 547,439.91 991,458.51 1,060,937.86 - 1,245,662.14 46.00% Permits 000 - 431100 Home Occupation Permit 500.00 160.00 420.00 420.00 - 80.00 84.00% 000 - 431205 Building Permit - Residential 483,000.00 157,124.00 206,529.00 267,083.00 - 215,917.00 55.30% 000 - 431210 Building Permit - Commercial 170,000.00 101,426.00 91,217.00 357,333.00 - (187,333.00) 210.20% 000 - 431215 Building Permit - General 120,000.00 49,838.00 65,833.00 81,353.00 - 38,647.00 67.79% 000 - 431300 Mobile Home Permit 300.00 50.00 200.00 100.00 - 200.00 33.33% 000 - 431400 Signs Permit 7,000.00 1,274.00 3,474.00 2,072.00 - 4,928.00 29.60% 000 - 431500 Food Establishmnt Permit 60,000.00 6,095.00 58,365.00 54,530.00 - 5,470.00 90.88% 000 - 431600 Garage Sale Permit 10,500.00 1,918.00 5,235.00 4,076.00 - 6,424.00 38.82% 000 - 431700 Plumbing Permit 117,000.00 36,376.00 54,255.00 61,535.00 - 55,465.00 52.59% 000 - 431750 Electrical Permit 58,800.00 17,680.00 28,860.00 30,940.00 - 27,860.00 52.62% 000 - 431800 Mechanical Permit 59,520.00 16,640.00 24,980.00 29,600.00 - 29,920.00 49.73% 000 - 431900 Solicitor /Peddler Permit 1,500.00 64.50 80.00 64.50 - 1,435.50 4.30% 000 - 431950 Animal/Pet Permit 1,500.00 - - 15.00 - 1,485.00 1.00% 000 - 432000 Cert. of Occupancy Prmt 7,000.00 2,000.00 3,550.00 3,000.00 - 4,000.00 42.86% CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: MARCH 31st, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6- 2 0 1 7********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET 000 - 432100 Security Alarm Permit 35,000.00 9,406.00 16,307.00 19,206.00 - 15,794.00 54.87% 000 - 432300 Grading /Clearing Permit 4,000.00 909.00 3,708.51 3,323.00 - 677.00 83.08% 000 - 432400 Development Permit 81,880.00 - - - 000- 435000 Fire Permit 15,000.00 8,130.00 7,458.00 12,745.00 - 2,255.00 84.97% TOTAL Permits 1,232,500.00 409,090.50 570,471.51 927,395.50 - 223,224:50 75.25°/% Licenses 000 - 441000 Alcohol Beverage License 8,000.00 282.50 3,997.50 3,277.50 - 4,722.50 40.97% 000 - 441300 Mobile Home License 160.00 40.00 160.00 160.00 - - 100.00% 000 - 442000 Contractors License 40,000.00 17,700.00 20,460.00 29,150.00 - 10,850.00 72.88% 000 - 444000 Pet License 3,000.00 1,020.00 1,502.00 1,620.00 - 1,380.00 54.00% TOTAL Licenses 51,160.00 19,042.50 26,119.50 34,207.50 - 16,952.50 66.86 %'! Fees 000 - 451000 Municipal Court Fines 884,000.00 247,130.65 521,569.50 418,673.47 - 465,326.53 47.36% 000 - 451100 Arrest Fee 28,053.00 7,997.37 18,488.67 14,495.39 - 13,557.61 51.67% 000 - 451110 Expunction Fee 60.00 30.00 30.00 90.00 - (30.00) 150.00% 000 - 451200 Warrant Fees 130,000.00 39,537.84 68,687.60 61,086.70 - 68,913.30 46.99% 000 - 451210 Court - Claims & Judgements - - (228.00) (291.40) - 291.40 0.00% 000 - 451340 Judicial Fee - City 3,796.00 1,141.13 2,540.13 2,023.40 - 1,772.60 53.30% 000 - 451400 Traffic Fine Costs TTL 13,492.00 3,694.55 8,875.87 6,925.79 - 6,566.21 51.33% 000 - 451510 Juvenile Case Mgmt Fee 31,616.00 9,514.62 21,167.44 16,872.02 - 14,743.98 53.37% 000 - 451520 Truancy Fee 5,342.00 1,589.81 3,675.26 2,937.17 2,404.83 54.98% 000 - 451600 Technology Fund Fee 22,932.00 7,714.28 17,225.89 13,625.48 - 9,306.52 59.42% 000 - 451700 Security Fee 19,448.00 5,785.72 12,919.41 10,219.12 - 9,228.88 52.55% 000 - 451800 Time Payment Fee - City 5,616.00 2,127.04 3,065.79 3,727.73 - 1,888.27 66.38% 000 - 451850 State Fines 10% Service Fee 40,838.00 8,366.74 24,449.29 18,612.49 - 22,225.51 45.58% 000 - 451900 DPS Payment - Local 47,665.00 2,888.12 5,048.20 4,523.33 - 43,141.67 9.49% 000 - 452000 Child Safety Fee 13,522.00 1,215.50 9,336.00 2,005.71 - 11,516.29 14.83% 000 - 452100 Platting Fees 57,000.00 15,000.00 28,500.00 37,500.00 - 19,500.00 65.79% 000 - 452200 Site Plan Fee 30,000.00 10,000.00 15,500.00 16,000.00 - 14,000.00 53.33% 000 - 452300 Plan Check Fee 432,000.00 153,428.50 180,876.50 351,399.50 - 80,600.50 81.34% 000 - 452310 Miscellaneous Review Fee 600.00 - 300.00 - - 600.00 0.00% 000 - 452320 Tree Mitigation Admin Fee 12,000.00 746.10 6,645.00 10,187.70 - 1,812.30 84.90% 000 - 452400 BOA/Zoning Fees 2,000.00 2,000.00 1,000.00 2,000.00 - - 100.00% CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: MARCH 31st, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6- 2 0 1 7********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET 000 - 452600 Specific Use /Zone Chng Fee 12,600.00 - 7,300.00 13,000.00 - (400.00) 103.17% 000 - 452710 Zoning Ltr & Dev Rights 1,500.00 300.00 1,050.00 900.00 - 600.00 60.00% 000 - 453100 Reinspection Fees 45,000.00 27,075.00 45,530.00 55,075.00 - (10,075.00) 122.39% 000 - 453110 Swim Pool Inspection Fee 2,600.00 - - - - 2,600.00 0.00% 000 - 453200 Lot Abatement 5,000.00 - 670.84 1,325.50 - 3,674.50 26.51% 000 - 453211 Admin Fee - Inspections 6,600.00 2,400.00 5,400.00 6,200.00 - 400.00 93.94% 000 - 453310 Misc Inspection Fee 150.00 - 100.00 - - 150.00 0.00% 000 - 453710 Foster Care 1,000.00 400.00 550.00 550.00 - 450.00 55.00% 000 - 454200 Pool Gate Admission Fee 24,750.00 - - - - 24,750.00 0.00% 000 - 454300 Seasonal Pool Pass Fee 4,900.00 - - - - 4,900.00 0.00% 000 - 456110 Senior Center Memberships - - 2,988.00 - - - 0.00% 000 - 456120 Senior Center Meal Fee - - 864.00 401.00 - (401.00) 0.00% 000 - 456500 Haz Mat Fees 6,000.00 - 1,630.75 - - 6,000.00 0.00% 000 - 456600 Fire Re- inspection Fee 1,000.00 400.00 550.00 550.00 - 450.00 55.00% 000 - 458110 Sale of Merchandise- GovDeal 20,000.00 19,111.15 23,826.65 21,439.30 - (1,439.30) 107.20% 000 - 458300 Sale of Property /Auction 4,000.00 - 2,194.00 - - 4,000.00 0.00% 000 - 458400 Civic Center Rental Fees 175,000.00 47,390.00 91,548.75 85,619.00 - 89,381.00 48.93% 000 - 458401 Capital Recovery Fee -Civic Cntr 10,000.00 3,675.00 5,525.00 6,560.00 - 3,440.00 65.60% 000 - 458450 North Center Rental Fees 18,500.00 7,062.50 10,525.00 11,862.50 - 6,637.50 64.12% 000 - 458460 Senior Center Rental - 2,100.00 10,312.00 6,700.00 - (6,700.00) 0.00% 000 - 458500 Community Center Rental Fees 25,000.00 9,150.00 19,596.50 15,078.00 - 9,922.00 60.31% 000 - 458550 Pavilion Rental Fees 17,000.00 4,897.50 8,803.50 6,782.50 - 10,217.50 39.90% 000 - 458560 Chamber of Comm rent 7,800.00 3,900.00 4,100.00 3,900.00 - 3,900.00 50.00% 000 - 458650 NonResident User Fee -BVYA 15,000.00 1,500.00 10,120.00 1,500.00 - 13,500.00 10.00% 000 - 458660 BVYA Utility Reimbursement 13,000.00 8,743.57 10,092.81 17,985.79 - (4,985.79) 138.35% 000 - 458670 SYSA Utility Reimbursement 7,000.00 - - - - 7,000.00 0.00% 000 - 458675 Lions Futbol Utility Reimbursement 14,052.00 2,344.00 2,344.00 5,860.00 - 8,192.00 41.70% 000 - 458700 Vehicle Impoundment 8,000.00 2,810.00 2,590.00 4,880.00 - 3,120.00 61.00% 000 - 459200 NSF Check Fee 250.00 50.00 25.00 50.00 - 200.00 20.00% 000 - 459300 Notary Fee 250.00 24.00 114.00 90.00 - 160.00 36.00% 000 - 459400 Maps, Copies, UDC, & Misc F 250.00 5.00 35.00 5.00 - 245.00 2.00% 000 - 459600 Animal Adoption Fee 10,000.00 5,002.50 5,925.00 9,749.00 - 251.00 97.49% 000 - 459700 Pet Impoundment Fee 10,000.00 1,445.00 6,144.30 3,109.00 - 6,891.00 31.09% 000 - 459800 Police Reports Fee 5,400.00 1,537.30 2,600.00 3,146.30 - 2,253.70 58.26% TOTAL Fees 2,251,582.00 671,230.49 1;232,727:65 1;274,931.49 - ` 976,650.51 56.62 %? CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: MARCH 31st, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6- 2 0 1 7********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Fines 000 - 463000 Library Fines 28,000.00 6,089.36 12,154.77 11,279.78 - 16,720.22 40.28% TOTAL Fines 28,000.00 6,089.36 12,154.77 11,279.78 - 16,720.22 40.28% Inter - Jurisdictional 000 - 473100 Bexar Co - Fire 21,077.00 5,269.44 10,258.29 21,077.76 - (0.76) 100.00% 000 - 473200 City of Seguin - Fire Contract 29,231.00 7,307.70 14,615.40 14,615.40 - 14,615.60 50.00% 000 - 473300 Guad Co - Library 212,000.00 54,288.00 123,639.81 126,672.00 - 85,328.00 59.75% 000 - 473400 Randolph AFB - Animal Cntrl 1,200.00 500.00 500.00 500.00 - 700.00 41.67% 000 - 474200 Library Services - Cibolo 35,000.00 - 35,000.00 - - 35,000.00 0.00% 000 - 474210 Library Services -Selma 32,000.00 - - - - 32,000.00 0.00% 000 - 474400 Dispatch Service - Cibolo 166,000.00 40,000.00 80,026.00 80,000.00 - 86,000.00 48.19% 000 - 474600 School Crossing Guard - Bexar 38,500.00 9,119.64 16,174.78 18,085.31 - 20,414.69 46.97% 000 - 474610 School Cross Guard - Guadalupe 38,000.00 9,087.61 18,287.39 17,701.96 - 20,298.04 46.58% 000 - 474620 School Crossing Guard -Coma) 1,500.00 - - - - 1,500.00 0.00% 000 - 474700 School Officer Funding 255,000.00 63,750.00 85,000.00 127,500.00 - 127,500.00 50.00% 000 - 474750 Crime Victim Liaison Agreement 50,000.00 12,500.00 12,500.00 25,000.00 - 25,000.00 50.00% TOTAL Inter - Jurisdictional 879,508.00 201,822,39 396,001.67 431,152.43 - 448,355;57 49.02 %` Fund Transfers 000 - 480000 Indirect Costs - EMS 150,087.00 37,521.75 75,153.78 75,043.50 - 75,043.50 50.00% 000 - 480100 Indirect Costs - Hotel /Motel 66,405.00 16,601.25 - 33,202.50 - 33,202.50 50.00% 000 - 481000 Transfer In Reserves 950,000.00 - - - - 950,000.00 0.00% 000 - 482200 Transfer - Vehicle Replcemt 43,278.00 - - - - 43,278.00 0.00% 000 - 482300 Transfer IN -Resry Child Saf 126,345.00 - - - - 126,345.00 0.00% 000 - 485000 Interfund Charge- Drainage 184,425.00 46,106.25 27,075.00 92,212.50 - 92,212.50 50.00% 000 - 486000 Interfund Chrges -Admin W &S 1,186,812.00 296,703.00 576,174.98 593,406.00 - 593,406.00 50.00% 000 - 487000 Interfund Charges -Fleet 397,581.00 99,395.25 103,482.52 198,790.50 - 198,790.50 50.00% 000 - 488000 Interfund Charges -413 430,445.00 107,611.26 25,011.98 215,222.48 - 215,222.52 50.00% 000 - 489000 Transfer In 107,367.00 - - - - 107,367.00 0.00% TOTAL Fund Transfers 3,642,745.00 603,938.76 806,898.26 1;207,877.48 - 2,434,867.52 33.16 % ' CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: MARCH 31st, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6- 2 0 1 7********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Miscellaneous 000 - 491000 Interest Earned 800.00 456.84 466.93 641.12 - 158.88 80.14% 000 - 491200 Investment Income 60,000.00 35,012.26 33,335.78 57,853.69 - 2,146.31 96.42% 000 - 491800 Gain /Loss - (920.83) (19,421.45) (6,337.61) - 6,337.61 0.00% 000 - 491900 Unrealized Gain /Loss - (1,805.83) 9,240.28 (11,297.74) - 11,297.74 0.00% 000 - 493120 Donations - Public Library 2,500.00 144.50 1,452.35 190.65 - 2,309.35 7.63% 000 - 493400 Donation - Animal Control 10,000.00 6,273.50 80.00 9,494.00 - 506.00 94.94% 000 - 493401 Donations -A /C Microchip 5,000.00 - 770.00 130.00 - 4,870.00 2.60% 000 - 493402 Donations - Spay &Neuter 15,000.00 163.00 6,680.50 806.50 14,193.50 5.38% 000 - 493403 Donations - Animal Adoption Trailer - - 1,639.00 102.00 - (102.00) 0.00% 000 - 493404 Donations -TNR Program 1,000.00 - 600.00 - - 1,000.00 0.00% 000 - 493460 Donations -Parks 4,000.00 - - - - 4,000.00 0.00% 000 - 493465 Donations - Senior Center - 2,811.23 2,970.62 5,100.36 - (5,100.36) 0.00% 000 - 493502 Donations -PD - 100.00 - 3,600.00 - (3,600.00) 0.00% 000 - 493618 Donations - Veteran's Memorial 6,000.00 - 5,350.67 - - 6,000.00 0.00% 000 - 494481 LawEnforcemtOfficersStnd &Ed 3,900.00 3,679.47 3,850.98 3,679.47 - 220.53 94.35% 000 - 494482 Grants - Police, Fire, Gen Fund - - 2,133.00 4,892.03 - (4,892.03) 0.00% 000 - 497000 Misc Income -Gen Fund 40,000.00 693.49 26,439.31 11,434.99 - 28,565.01 28.59% 000 - 497005 Schertz Magazine Advertising 190,000.00 51,625.00 96,450.00 104,150.00 - 85,850.00 54.82% 000 - 497100 Misc Income - Police 7,500.00 5,968.30 7,473.04 13,285.70 - (5,785.70) 177.14% 000 - 497150 Misc Income -Fire Department - - - 1,750.00 - (1,750.00) 0.00% 000 - 497200 Misc Income - Library 5,000.00 1,376.60 2,427.86 2,414.35 - 2,585.65 48.29% 000 - 497210 Misc Income - Library Copier 19,500.00 4,330.85 10,147.05 8,600.85 - 10,899.15 44.11% 000 - 497300 Misc Income - Animal Control - 210.00 295.00 390.00 - (390.00) 0.00% 000 - 497400 Misc Income - Streets Dept. 30,000.00 32,380.85 20,280.23 38,522.55 - (8,522.55) 128.41% 000 - 497500 Misc Income -TML Insurance 5,000.00 5,220.49 873.33 5,587.95 - (587.95) 111.76% 000 - 497550 Misc Income -TML Reimbursemt 20,000.00 2,104.17 11,610.09 3,852.43 - 16,147.57 19.26% 000 - 497600 Misc Income - Vending Mach. 2,500.00 393.16 1,019.14 889.84 - 1,610.16 35.59% 000 - 498000 Reimbursmnt -Gen Fund 35,000.00 1,608.58 15,924.99 1,944.08 - 33,055.92 5.55% 000 - 498100 Reimbursmnt Fire - Training 3,500.00 7.00 4,360.00 7.00 - 3,493.00 0.20% 000 - 498105 Reimburmnt Police - DEA - 1,836.86 4,212.11 3,958.75 - (3,958.75) 0.00% 000 - 498107 Reimburmnt Police - Event - - 3,500.00 - - 0.00% 000 - 498110 Reimbursmnt Fire - Emg. Acti -O 20,000.00 3,267.16 26,257.28 3,267.16 - 16,732.84 16.34% 000 - 498150 Reimbursemnt - Library 2,500.00 - - 4,673.27 - (2,173.27) 186.93% TOTAL Miscellaneous 488,700.00 156,936.65 280,418.09 273,583.39 -" 215,116,61 55.98% TOTALREVENUES 29,601,195.00: 8,998,763.95 18,1;08,276:76 19,691,379.94 -' 9;827,935:06 66.52 %' GENERALFUND CASH IN BANK AND INVESTMENTS AS OF: MARCH 31st, 2017 Cash in Bank Claim on Operating Cash Pool- Checking $ 1,747,739.25 Cash in Investments LOGIC Investment - General Fund 12,925,771.12 LOGIC Investment -Equip Replacement 74,405.81 LOGIC Investment -Veh Replacement 501,701.12 LOGIC Investment -Air Condi Replacment 273,029.72 CAPITAL ONE Investment - General Fund 1,362,394.03 Total Cash in Bank & Investments $17,031,622.89 1 OCT NOV DEC 4 FEB MAR APR MAY JUN JUL AUG SEP ....................................... . m2016 -17 419,931 328,521 5,447,189 2,515,077 2,106,927 120,850 X2015 -16 2014-15 360,300 357,436 303,202 356,940 4,7:5 : 031 4,5 - ------ �4,463,9�6:2 3,709,486 ------ 2,741,991 888,174 1,198,153 211,253 85,775 50,559 44,720 54,867 ----------- 25,398 27,116 30,488 21,347 ---- --- - ---------- 49,777 10,866 ---------- - 14,839 8,696 3,787 02013-14 363,589 538,568 3,641,091 2,726,044 585,058 72,116 16,554 48,791 18,572 20,939 10,460 7,446 W2012-131 292,988 636,964 3,422,107 2,180,145 637,568 177,645 29,444 49,157 11,566 20,778 8,379 7,180 Sales Tax - General Fund $900,000 --- mmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmm $800,000 - - 1,970 - - - - - - - �g $700,000 3.2 °/ 19.9° �a $600,000 F sruaw,W.urse &tia !?' A $500,000 $400,000 - - - - - -- - - - - - - - $300,000 - - - - - - - - - - - -- - $200,000 - ------ - - - $100,000 -- - -- - - -- - - - - - - -- - -- - - $ OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP -2016 -17 574,470 758,598 580,171 560,431 747,281 486,739 -2015 -16 479,069 744,668 529,686 493,136 783,019 530,498 531,707 615,841 568,508 523,141 691,061 678,167 2014 -15 495,499 638,904 505,026 421,339 795,382 450,965 494,050 723,404 465,966 496,241 759,879 508,305 2013 -14 481,247 657,271 554,578 416,261 728,443 487,933 541,476 781,057 692,446 448,577 680,332 547,431 2012 -13 659,150 575,041 474,246 424,191 632,716 415,829 405,378 660,648 544,675 563,636 650,124 487,170 $300,000 $L $G $1 $1 CITY PUBLIC SERVICE CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6- 2 0 1 7******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 106 - SPECIAL EVENTS FUND CURRENT CURRENT PRIOR CURRENT Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Fund Transfers 81,450.00 - - - - 81,450.00 0.00% Miscellaneous 79,900.00 11,410.00 31,158.78 38,866.84 - 41,033.16 48.64% TOTAL REVENUES 161,350.00 11,45074 31,158.78 38,866.84 - 122,483.16 24.091 GENERAL GOVERNMENT Non Departmental 10,750.00 - - - - 10,750.00 0.00% TOTAL GENERAL GOVERNMENT 10,750.00 - - - 10,750.00 0.00% CULTURAL Festival of Angels 13,000.00 585.00 11,346.18 10,912.90 - 2,087.10 83.95% Employee Appreciation Event 13,000.00 946.03 2,919.95 8,685.83 - 4,314.17 66.81% 4th of July Jubilee 26,000.00 - - - - 26,000.00 0.00% National Night Out 300.00 - - - - 300.00 0.00% Wilenchik Walk for Life 25,000.00 3,503.68 2,842.92 3,503.68 - 21,496.32 14.01% Schertz Sweetheart 34,250.00 3,292.35 7,770.60 3,322.35 2,956.00 27,971.65 18.33% Hal Baldwin Scholarship 20,050.00 - 9,247.75 9,047.17 - 11,002.83 45.12% Other Events 14,000.00 1,550.51 1,845.80 7,567.52 745.93 5,686.55 59.38% TOTAL CULTURAL 145,600.00 9,877.57 35,973.20 43,039.45 3,701.93 98,858.62 32.10% TOTAL! EXPENDITURES 156,350.00 9,877.57 35,973.20 43,039.45 3,701.93 109,608.62 29.90% REVENUE OVER(UNDER) EXPEND 5,000.00 1,573.17 (4;814.42) (4,172 61) (1,701.93) 12,874.54 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 16 - 2 0 1 7 ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 106 - SPECIAL EVENTS FUND CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 50% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Fund Transfers 000 - 481000 Transfer from Reserves 10,750.00 - - - - 10,750.00 0.00% 000 - 481314 Transfer from Hotel /Motel - - - - - - 0.00% 000 - 486100 Transfer In 9,000.00 - - - - 9,000.00 0.00% 000 - 486101 Transfer In - General Fund 61,700.00 - - - - 61,700.00 0.00% TOTAL Fund Transfers 81,450.00 - - - - 81,450 >00 0.00% Miscellaneous 000 - 491200 Investment Income - 40.74 30.78 76.84 - (76.84) 0.00% 000 - 492200 Wilenchik Walk for Life 25,000.00 11,410.00 13,798.00 11,410.00 - 13,590.00 45.64% 000 - 493256 Donations - Police Events 3,000.00 - - - - 3,000.00 0.00% 000 - 493000 July 4th Activities 31,000.00 - - - - 31,000.00 0.00% 000 - 493455 Proceeds - Festival of Angels - 30.00 720.00 615.00 - (615.00) 0.00% 000 - 493460 Schertz Sweetheart 850.00 - - - - 850.00 0.00% 000 - 493621 Hal Baldwin Scholarship 20,050.00 - 16,360.00 25,765.00 - (5,715.00) 128.50% 000 - 497000 Misc Income - - 250.00 1,000.00 - (1,000.00) 0.00% TOTAL Miscellaneous 79,900.00 11,480.74 ` 31,158.78 38,866.84 - 41,033.16 48.64% TOTAL REVENUES 161,350.00 11,480.74 ` 31,158.78 38,866.84 - 122,483.16 24.09 %' SPECIAL EVENTS FUND CASH IN BANK AND INVESTMENTS AS OF: MARCH 31, 2017 Cash in Bank Claim on Operating Cash Pool-Checking $ 48,650.84 Cash in Investments Texas Class- Special Events 16,967.93 Total Cash in Bank & Investments $ 65,618.77 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31 st, 2016 ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6- 2 0 1 7******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 110 -PEG FUND CURRENT CURRENT PRIOR CURRENT Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Franchises 113,300.00 22,839.24 51,090.80 45,772.60 - 67,527.40 40.40% TOTAL REVENUES 113,300.00 22,839.24 51,090.80 45,772.60 67,527.40 40.40 %' EXPENDITURE SUMMARY GENERAL GOVERNMENT Non Departmental - - 864.99 - 2,762.70 (2,762.70) 0.00% TOTAL GENERAL GOVERNMENT - - 864.99 - 2,762.70 (2,762.70) 0.00% MISC & PROJECTS Projects 108,600.00 - 25,755.71 449.00 - 108,151.00 0.41% TOTAL >MISC & PROJECTS 108,600.00 - 25,755.71 449.00 - 108,151.00 0.41% TOTAL EXPENDITURES 108,600.00 - 26,620.70 449.00 2,762.70 105,388.30 2.96% REVENUE OVER(UNDER) EXPEND 4,700.00 22,839.24 24,470.10 45,323.60 (2,762.70) (37,860.90) CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: MARCH 31 st, 2016 k****************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 16 - 2 0 1 7 110 -PEG FUND CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 50% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Franchises 000 - 421350 Time Warner- PEG Fee 50,000.00 13,495.68 37,490.66 26,556.36 - 23,443.64 53.11% 000 - 421465 AT &T PEG Fee 63,300.00 9,343.56 13,600.14 19,216.24 - 44,083.76 30.36% TOTAL Franchises 113,300.00 22 839.24 51,090.80 45,772.60 - 67,527.40 40.40 %» TOTAL REVENUES 113,300.00 22,839.24 51,090.80 45,772.60 67,527.40 40.40% PEG FUND CASH IN BANK AND INVESTMENTS AS OF: MARCH 31st, 2016 Cash in Bank Cash Balance $ 599,980.64 Total Cash in Bank & Investments $ 599,980.64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 ************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6- 2 0 1 7 * * * * * * * * * * * * * * * * * * * * * * * * * ** 202 -WATER & SEWER CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Franchises 229,096.00 68,477.24 126,680.87 68,477 - 160,618.76 29.89% Permits - 3,118.47 45,625.33 49,563.52 - (49,563.52) 0.00% Fees 19,219,995.00 5,052,851.25 9,162,844.64 10,363,267 - 8,856,728.13 53.92% Fund Transfers 1,681,081.00 34,230.00 64,980.00 68,460 - 1,612,621.00 4.07% Miscellaneous 163,047.00 43,827.75 49,280.60 379,912 - (216,865.31) 233.01% TOTAL REVENUES 21,293,219.00 5,202,504.71 9,449,411.44 10,929,679.94 - 10,363,539.06 51.33% y/=041 .�91�11�1_1WA NON DEPARTMENTAL Transfer to Public Improvements 699,161.00 - - - - 699,161.00 0.00% TOTAL NON DEPARTMENTAL 699,161.00 - - - 699,161.00 '- 0.00% BUSINESS OFFICE Personnel Services 472,754.00 89,443.13 216,635.63 218,702.74 - 254,051.26 46.26% Supplies 4,300.00 - 2,250.73 - 351.84 3,948.16 8.18% Human Services - 203.00 - 203.00 - (203.00) 0.00% City Support Services 7,375.00 27.50 - 27.50 - 7,347.50 0.37% Utility Services 700.00 71.60 296.65 165.01 35.80 499.19 28.69% Operations Support 140,500.00 36,414.51 63,730.15 57,759.14 - 82,740.86 41.11% Staff Support 6,800.00 529.35 1,991.64 1,233.87 893.30 4,672.83 31.28% Professional Services 85,000.00 33,932.57 47,762.79 57,928.20 - 27,071.80 68.15% Maintenance Services 8,000.00 840.00 4,020.00 3,600.00 3,040.00 1,360.00 83.00% Operating Equipment 600.00 - - - 3,400.40 (2,800.40) 566.73% TOTAL BUSINESS OFFICE 726,029.00 161,461.66 336,687.59 339,619.46 7,721.34 378,688.20 47.84% CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 ************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6- 2 0 1 7 * * * * * * * * * * * * * * * * * * * * * * * * * ** 202 -WATER & SEWER CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET W & S ADMINISTRATION Personnel Services 1,161,362.00 206,744.46 604,484.86 447,518.22 - 713,843.78 38.53% Supplies 157,500.00 0.00 % > 25,926.44 112,234.58 59,249.53 23,351.60 74,898.87 52.45% Human Services - Maintenance Services 71.00 - 337.00 - (337.00) 0.00% City Support Services 184,000.00 845,000.00 - 719.74 44,282.81 43,422.05 88.30 140,489.65 23.65% Utility Services 3,504,060.00 223,785.79 1,451,936.76 (55,761.23) (1,376,773.53) 742,472.96 1,590,164.42 1,417,793.92 132.99 2,086,133.09 40.47% Operations Support 11,500.00 1,370.36 3,809.81 2,687.38 7.50 8,805.12 23.43% Staff Support 27,350.00 4,070.39 15,424.86 6,466.52 526.11 20,357.37 25.57% City Assistance 1,500.00 695.00 464.00 797.00 - 703.00 53.13% Professional Services 169,729.00 80,893.36 76,180.02 103,189.86 1,530.00 65,009.14 61.70% Fund Charges /Transfers 4,467,025.00 1,163,462.56 2,442,263.97 2,814,750.89 - 1,652,274.11 63.01% Maintenance Services 7,558,090.00 1,949,996.97 3,324,474.64 3,437,871.04 22,003.41 4,098,215.55 45.78% Other Costs 35,000.00 - 27,150.20 36,605.45 - (1,605.45) 104.59% Debt Service 1,578,511.00 743,932.97 614,139.02 743,932.97 - 834,578.03 47.13% Rental- Leasing 144,500.00 23,004.21 960.74 23,501.89 - 120,998.11 16.26% Operating Equipment 3,500.00 - - - 399.98 3,100.02 11.43% Capital Outlay - - 32,904.13 - - - 0.00% TOTAL PUBLIC WORKS 19,003,627.00 4,943;360.42 8,888,938.06 9,138,123.72 48,039.89 9,817,463.39 48.34 % 8I6Y01? 1=00111xia PROJECTS Maintenance Services 85,000.00 - - - - 85,000.00 0.00% TOTAL PROJECTS 85,000.00 - - - - 85,000.00 ` 0.00 % > SEWER PROJECT Professional Services 360,000.00 - - - - 360,000.00 0.00% Maintenance Services 400,000.00 - - - - 400,000.00 0.00 % TOTAL SEWER PROJECTS 760,000.00 - - - - 760,000.00 ` 0.00 % ?, TOTAL MISC & PROJECTS 845,000.00 - - - 845,000 0.00 % '' TOTAL EXPENDITURES 21,273,817.00 <5,104 822.08 9,225,625.65 9,477,743.18 55,761.23 11,740,312.59 ' 44.81% " REVENUE OVER(UNDER)EXPENSES 19,402.00 97,682.63 223,785.79 1,451,936.76 (55,761.23) (1,376,773.53) 202 -WATER & SEWER REVENUES CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 ************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6- 2 0 1 7*********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Franchises 000 - 421490 Tower Leasing 229,096.00 68,477.24 126,680.87 68,477.24 - 160,618.76 29.89% TOTAL Franchises 229,096.00 68,477.24 126,680.87 68,477.24 - 160,618.76 29.89°/%' Permits 000 - 432400 Development Permit - 3,118.47 45,625.33 49,563.52 - (49,563.52) 0.00% TOTAL Permits - 3,118.47 45,625.33 49,563.52 - (49,563.52) 0.00 %' Fees 000 - 455200 Garbage Collection Fee 4,270,000.00 1,120,674.96 2,191,562.16 2,279,880.86 - 1,990,119.14 5139% 000 - 455600 Fire Line Fees 27,700.00 25,920.00 27,025.00 29,540.00 - (1,840.00) 106.64% 000 - 455700 Recycle Fee Revenue 284,000.00 73,629.83 140,440.95 146,752.49 - 137,247.51 51.67% 000 - 455800 W &S Line Constructn Reimbursemnt - 7,199.00 11,360.06 14,339.90 - (14,339.90) 0.00% 000 - 457100 Sale of Water 9,306,795.00 2,085,991.79 3,975,185.16 4,393,308.90 - 4,913,486.10 47.21% 000 - 457110 Edwards Water Lease 97,000.00 28,171.25 81,975.30 125,531.25 - (28,531.25) 129.41% 000 - 457120 Water Transfer Charge -Selma 42,000.00 18,080.31 30,288.66 18,080.31 - 23,919.69 43.05% 000 - 457130 Water Transfer Charge -U. C. - - 203.11 - - - 0.00% 000 - 457140 Water Transfer Charge- Converse - - 13,527.69 - - - 0.00% 000 - 457200 Sale of Meters 90,000.00 27,408.00 32,167.75 46,406.00 - 43,594.00 51.56% 000 - 457400 Sewer Charges 4,900,000.00 1,603,106.72 2,541,713.77 3,184,041.92 - 1,715,958.08 64.98% 000 - 457500 Water Penalties 200,000.00 62,194.39 116,345.03 124,160.24 - 75,839.76 62.08% 000 - 459200 NSF Check Fee -Water &Sewer 2,500.00 475.00 1,050.00 1,225.00 - 1,275.00 49.00% TOTAL Fees 19,219,995.00 5,052,851.25 9,162,844.64 110,363,266.87 - 8,856,728.13 53.92 %! Fund Transfers 000 - 481000 Transfer In- Reserve 1,544,161.00 - - - - 1,544,161.00 0.00% 000 - 486204 Interfnd Chrg- Drainage Bill 136,920.00 34,230.00 64,980.00 68,460.00 - 68,460.00 50.00% TOTAL Fund Transfers 1,681,081.00 34,230.00 64,980.00 68,460.00 = 1,612,621.00 4.07 %' CITY O F S C H E R T Z REVENUE REPORT (UNAUD|TED) AS OF: MARCH 31, 2017 2V1G'2V17 202-WATER & SEWER CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 50% OF REVENUES BUDGET QUARTER Y'T'DACTUAL ACTUAL ENCUM8R BALANCE BUDGET Miscellaneous 000-49000OMiscCharges 500.00 275.00 398.00 279.95171 - (279,45171) 5599034% 000-49100 Interest Earned 00.00 256.51 31328 639.33 - 160�67 79.92% 000491200 Investment Income 20.000.00 19.142.50 11.605.56 20.809.58 ' (0.809.58) 134.35% 000497808 K8ino|noomo-W&S 15.000.00 (7.471.93) 7.584.92 9.28212 - 5.717.88 01.88% 000488110 Roimbummmnnt-SSLGC __126,747]00 __31,625.61 ___29,378.84 ___63,109.57 _____�_ ___63,577.43� 49.84% TOTAL Miscellaneous 163,047.00 43,827.75 49,28060 379,912.31 (216,865.31) 23101% TOTALREVENUES 21,293,219.00 5,202,504.71 9,449,411.44 10,929,679.94 10,363,539.06 5133% WATER & SEWER CASH IN BANK AND INVESTMENTS AS OF: MARCH 31.2O17 Cash inBank Claim on Operating Cash Pool-Checking $ 400,341.08 Cash inInvestments Lone Star |nvoatment-VVator@Sevvor 3.595.553.07 Lone Star |nwaodment4N&S Customer Deposits 208'340.00 Lone Star |nvostnnont4N&S Equip Replacement 179.381.49 Lone Star |nventnnent-VV&SVahReplacement 250'132.88 GohertzBank & Trust-Certificate ofDeposit 1,085,140.17 $ 5.417.557.30 Total Cash in Bank & Investments $ 5,817,898.38 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 203 -EMS CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Fees 6,504,790.00 1,409,836.96 2,804,615.74 2,941,964.08 - 3,562,825.92 45.23% Inter - Jurisdictional 2,412,627.17 593,656.79 925,672.08 1,226,211.01 - 1,186,416.17 50.82% Miscellaneous 126,850.00 95,118.83 47,390.28 111,400.96 - 15,449.04 87.82% TOTAL REVENUES 9,044,267.17 2,098,612.58 `; 3,777,678.10 4,279,576.05; - 4,764,691.13 47.32 % EXPENDITURE SUMMARY PUBLIC SAFETY SCHERTZ EMS Personnel Services 3,867,750.00 849,524.42 1,611,108.40 1,827,759.33 - 2,039,990.67 47.26% Supplies 404,859.00 78,958.51 188,469.36 211,200.08 66,429.24 127,229.68 68.57% Human Services - - - 238.00 - (238.00) 0.00% City Support Services 91,450.00 25,421.45 16,599.03 51,375.20 - 40,074.80 56.18% Utility Services 113,600.00 26,305.84 39,683.55 45,824.59 1,240.18 66,535.23 41.43% Operations Support 78,800.00 17,568.04 35,895.08 32,454.32 1,399.17 44,946.51 42.96% Staff Support 75,250.00 12,243.71 28,067.72 21,298.04 3,861.64 50,090.32 33.43% City Assistance 568,866.81 46,203.90 3,294.95 184,291.60 45,972.90 338,602.31 40.48% Professional Services 130,000.00 18,650.56 42,176.85 55,294.40 16,500.00 58,205.60 55.23% Fund Charges /Transfers 2,983,039.00 1,169,841.22 1,094,417.11 1,251,602.43 - 1,731,436.57 41.96% Maintenance Services 56,320.00 13,430.04 17,619.25 14,290.04 - 42,029.96 25.37% Debt Service 271,375.00 5,648.72 7,722.61 5,648.72 - 265,726.28 2.08% Rental- Leasing 81,541.00 17,385.21 34,770.42 35,349.93 34,770.42 11,420.65 85.99% Operating Equipment 125,500.00 4,113.33 24,557.64 7,621.89 15,001.45 102,876.66 18.03% Capital Outlay 80,000.00 34,510.00 794,744.00 34,510.00 8,315.00 37,175.00 53.53% TOTAL PUBLIC SAFETY 8,928,350.81 2,319 804.95 3,939,125.97 3,778,758.57 193;490.00 4,956,102.24 ? 44.49% TOTAL EXPENDITURES 8,928,350.81 2,319,804.95 3,939,125.97' 3,778,758.571 193;490.00 4,956,102.24 44.49 %? ** REVENUE OVER(UNDER)?EXPENSES ** 115;91636 (221,192.37) ;! (161,447.87} 500,817.47 (193;490.00) (191';411.12); CITY OF SCHERTZ REVENUE REPORT (owxomTEo) AS OF: MARCH 31, 2017 oo1a-uo1r uon-Eme CURRENT nueRewT PRIOR YEAR Y�-D Y�-D auooET 50% OF REVENUES BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBIR BALANCE BUDGET Fees 000-456100 mnuu|annemxneamoTmnopmx 6.272.100.00 1.331.693.90 2.673.961.67 2.777.387.77 3.49*.712.23 1*.28% 000-456110 Subscription Program Fees 30,000.00 6,885.00 27.415.00 23.e15.00 - 6,085.00 79.72% 000-456120 EMT Class waeo 90,000.00 31.:48u0 81.822.e7 41.348.00 *8.652o0 45.*4m 000-456122 oec|uno - p000 22.000.00 - - - - 22.000»0 ouom 000-*56130 Immunization Fees 7.000.00 20o0 e.ao*.on 1.128o0 5.872.00 16.11% 000-456140 Billing Fees 'External 25.000o0 6.209.56 9,089.60 10.57*.36 - 1*.425.64 *n.aom 000-*56150 Standby Fees 25,000.00 19.e35.45 5.164.55 79.34m 000-456155 Community Services Support 33,690.00 33.430.50 - 67.725.50 (34.035.50) 201.03m 000458110 ea|oommercxanuioe - mvvoea| - - 3,937.50 - ' - 0.00m 000'459200 NSF Check Fee TOTAL Fees 6'504,790.00 1,409,836.96 2�4,615.74 2,941,964.08 3, 23% 000-*rnoon Seguin/Guadalupe ovSupport e43.577.17 210.894.29 224.716.e4 421.788o9 - 421.788o9 50.00% 000'474300 ciun|oouppou 319.098o0 79.774.50 134.612o0 159.549o0 159.549.00 50.00% 000-*75100 ooma|coEao*w 100.076.00 25.019o0 *7.425o0 50,038.00 ' 50,038.00 n000m 000'475200 Live Oak Support ons.00*ou 51.739o0 101.302.72 103.478o0 103.478o0 50.00% ono-*rn000 Universal City Support 268.871.00 67.217.75 127.393.76 13*.*35.50 ' 134.435o0 noonm 000'475400 Selma Support 106.656o0 26.664.00 38,087.50 53,328.00 53,328.00 50.00% 000-175500 ao»ertzoupport 504,08100 126.020/5 239.820.62 252.041.50 - 252.041.50 n000m 000'475600 Santa Clara Support 10.354o0 2.588.50 4.984.38 5.177o0 5.177o0 nnonm 000'475800 Marion Support 14.95*o0 3,739.00 7.32876 7.478.00 7.478o0 0000m 000-*75910 TxappPmomm —_38,000�00 --____-_ ---____-_ —_38,897.42 -----�-- --__@*97.42 102.36m TOTAL Inter-Jurisdictional 2,412,627.17 593,656.79 925,672.08 1,226,211.01 1,186,416 50.82% CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 203 -EMS CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Miscellaneous 000 - 491000 Interest Earned 100.00 24.38 25.04 51.13 48.87 51.13% 000 - 491200 Investment Income 750.00 214.84 426.11 405.37 344.63 54.05% 000 - 493203 Donations -EMS 2,000.00 - 427.00 150.00 1,850.00 7.50% 000 - 493205 Donations- Golf Tournament 9,000.00 940.00 - 9,000.00 0.00% 000 - 495100 UH Grant Program 90,000.00 - - - 90,000.00 0.00% 000 - 497000 Misc Income 15,000.00 82,108.93 39,643.56 88,133.91 (73,133.91) 587.56% 000 - 497100 Recovery of Bad Debt 10,000.00 12,770.68 5,928.57 22,660.55 (12,660.55) 226.61% TOTAL Miscellaneous 126,850.00 95,118.83? 47,390.28 111,400.96 15,449.04 87,82% TOTAL REVENUES= 9,044,267.17 2,098,612.58 3,777,678.107 4,279,576.05 -' 4,764,691.13 47.32% SCHERTZ EMS CASH IN BANK AND INVESTMENTS AS OF: MARCH 31, 2017 Cash in Bank Claim on Operating Cash Pool-Checking $ 181,416.41 Cash in Investments Texas Class- Tax Note 2015 Ambulances 89,508.78 Total Cash in Bank & Investments $ 270,925.19 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 204 - DRAINAGE CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY 301,780.00 101,245.04 207,885.93 225,932.54 75,847.46 Permits 3,000.00 780.00 1,400.00 1,280 - 1,720.00 42.67% Fees 1,141,000.00 285,784.48 556,721.02 569,369 - 571,630.81 49.90% Miscellaneous 4,200.00 3,323.00 2,650.23 7,334 - (3,133.59) 174.61% TOTAL?REVENUES 1,148,200.00 289,887.48 560,771.25 577,982,78 - 570,217.22! 50.34 % EXPENDITURE SUMMARY PUBLIC WORKS DRAINAGE Personnel Services 301,780.00 101,245.04 207,885.93 225,932.54 75,847.46 74.87% Supplies 3,700.00 708.19 1,737.58 1,438.53 52.62 2,208.85 40.30% City Support Services 8,180.00 - 2,703.95 4,576.16 - 3,603.84 55.94% Utility Services 13,200.00 3,72732 4,874.01 6,604.90 88.70 6,506.40 50.71% Operations Support 1,000.00 - - - - 1,000.00 0.00% Staff Support 6,700.00 1,779.86 1,730.75 2,777.97 239.94 3,682.09 45.04% City Assistance 400.00 - 120.00 - - 400.00 0.00% Professional Services 52,320.00 - 13,000.00 1,500.00 - 50,820.00 2.87% Fund Charges/Transfers 428,134.00 106,783.50 107,286.52 213,567.00 - 214,567.00 49.88% Maintenance Services 10,000.00 1,307.74 1,108.23 1,660.18 75.00 8,264.82 17.35% Other costs 200.00 100.00 100.00 100.00 - 100.00 50.00% Debt Service 120,150.00 5,040.40 6,327.18 5,040.40 - 115,109.60 4.20% Operating Equipment 7,000.00 360.00 - 360.00 3,007.93 3,632.07 48.11% Capital Outlay - 15,535.32 - - - 0.00% TOTAL DRAINAGE 952,764.00 221,052.05 362,409.47 463,55768 3,464.19 485,742.13 49.02 %` PROJECTS Professional Services - - - - 8,000.00 (8,000.00) 0.00% Maintenance Services 170,000.00 - 13.59 - - 170,000.00 0.00% Capital Outlay - - 33,700.00 - - - 0.00% TOTAL PROJECTS 170,000.00 - 33,713.59 - 8,000.00 162,000.00` 4.71 %+ TOTAL EXPENDITURES 1,122,764.00 221,052.05 396,123.06 463,557.68 11,464.19 647,742.13' 42.31 %; -- REVENUE OVER(UNDER) EXPEND 25,436.00 68,835.43: 114,425.10 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6- 2 0 1 7********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 204 - DRAINAGE CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 50% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Permits 000 - 432400 Floodplain Permit 3,000.00 780.00 1,400.00 1,280.00 - 1,720.00 42.67% TOTAL Permits 3,000.00 780.00 1,400.00 1,280.00 - 1,720.00 42.67% Fees 000 - 457500 Drainage Penalties 10,000.00 2,528.96 5,011.93 4,942.10 - 5,057.90 49.42% 000 - 457600 Drainage Fee 1,131,000.00 283,255.52 551,709.09 564,427.09 - 566,572.91 49.91% TOTAL Fees 1,141,000.00 285,784.48 556,721.02 569,369.19 - 571,630.81 49.90% Miscellaneous 000 - 491000 Interest Earned 100.00 26.39 29.10 53.51 - 46.49 53.51% 000 - 491200 Investment Interest 4,000.00 2,441.61 2,621.13 6,425.08 - (2,425.08) 160.63% 000 - 497000 Misc Income - Drainage 100.00 855.00 - 855.00 - (755.00) 855.00% TOTAL Miscellaneous 4,200.00 3,323.00 ``- 2,650.23 7,33159 - (3`,133.59) 174.61 %' TOTAL REVENUES 1,148,200.00 289,887.48 560,771.25 577,982.78 - 570,217.22 50.34 %' DRAINAGE CASH IN BANK AND INVESTMENTS AS OF: MARCH 31, 2017 Cash in Bank Claim on Operating Cash Pool- Checking 180,034.94 Cash in Investments Lone Star Investment - Drainage Maint Fund 863,876.85 Total Cash in Bank & Investments $ 1,043,911.79 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6 - 2 0 1 7 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 314 -HOTEL TAX CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Taxes 609,302.00 96,781.78 232,988.03 197,143.14 - 412,158.86 32.36% Miscellaneous 2,150.00 2,561.90 1,181.42 4,83439 - (2,684.39) 224.86% TOTAL REVENUES 611,452.00` 99,343.68 234,169.45 201,977.53 - 409,474.47 33.03 %o- EXPENDITURE SUMMARY NONDEPARTMENTAL City Support Services 67,165.00 38,987.82 26,856.53 58,457.22 - 8,707.78 87.04% Operations Support 66,425.00 5,106.00 13,112.00 25,483.84 - 40,941.16 38.36% Professional Services 3,000.00 - - 3,000.00 - - 100.00% Fund Charges /Transfers 114,405.00 16,601.25 - 33,202.50 - 81,202.50 29.02% Maintenance Services 10,000.00 - 5,555.00 - 29,761.97 (19,761.97) 297.62% Operating Equipment - - - - (1,176.40} 1,176.40 0.00% TOTAL NONDEPARTMENTAL 260,995.00 60,695.07 45,523.53 120,143.56 28,585.57 112,265 87 56.99% TOTAL EXPENDITURES 260,995.00 60,695.07 45,523.53 120,143.56 28,585.57 112,265.87 56.99% REVENUE OVER(UNDER) EXPENDITURE 350,457.00 81,833.97 HOTEL OCCUPANCY TAX FUND CASH IN BANK AND INVESTMENTS AS OF: MARCH 31, 2017 Cash in Bank Claim on Operating Cash Pool-Checking $ 50,562.25 Cash in Investments Texas Class - Hotel Tax 1,138,275.21 Total Cash in Bank & Investments $ 1,188,837.46 HOTEL OCCUPANCY TAX $80,000 $70,000 - - - - - -- -- -- - - - - - - - $60,000 $50,000 $40,000, ar.'u.'nauaaaa :aaxaJ $30,000 $20,000 - - - - - - - -- - - - - - - - $10,000 $ OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP - - -- - -- - -- 2016 -17 _ - -- - 33,917 ------------ --- - ------------ 33,203 -- - - - - -- - - - - - -- 30,940 --- - - - - -- - - - - - 32,131 -- -- - - - - -- - - - - -- 33,710 - -- - - - - -- -------------------------- 51,467 -- ----------------------- - - - - -- -- - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- - - - - - - -- --- - - - - -- ---- - - - - -� 2015 716 40,800 40,351 38,394 34,516 39,732 542142 49,741 45,524 51,636 68,491 48,302 33,241 2014 -15 44,724 42,229 35,309 33,055 46,037 58,530 43,715 43,525 53,346 72,297 51,772 39,195 2013 -14 40,023 40,709 33,342 29,778 36,680 56,699 48,081 49,579 54,858 67,329 57,399 34,297 2012 -13 35,851 39,439 32,392 32,120 31,531 49,811 39,900 1 39,692 54,395 61,999 51,840 34,297 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 317 -PARK CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Parkland Dedication Fees 145,000.00 1,000.00 93,000.00 97,000 - 48,000.00 66.90% Miscellaneous 40,000.00 801.99 1,028.02 1,509 - 38,490.96 3.77% TOTAL'REVENUES 185,000.00 1,801.99 94028.02< 98,509.04 - 86,490.96 53.25 %? EXPENDITURE SUMMARY PARKLAND DEDICATION Operating Equipment 15,000.00 - - 930.00 3,373.00 10,697.00 28.69% Capital Outlay 170,000.00 - 6,150.00 3,075.00 7,184.49 159,740.51 6.03% TOTAL PARKLAND DEDICATION 185,000.00 6,150.00 4,005.00 10,557.49 170,437.51 7.87 %' TOTAL EXPENDITURES 185,000.00 - 6,150.00 4,005.00 10,557.49 170,437.51 7.87% REVENUE OVER(UNDER) EXPEND > 94,504.04 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 317 -PARK CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 50% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBRANCE BALANCE BUDGET Fees 000 - 458800 Parkland Dedication 145,000.00 1,000.00 93,000.00 97,000.00 - 48,000.00 66.90% TOTAL Fees 145,000.00 1,000.00 93,000.00 97 000.00 - 48,000.00 66.90 %? Miscellaneous 000 - 491000 Interest Earned 250.00 1153 63.19 21.49 - 228.51 8.60% 000 - 491200 Investment Interest 1,000.00 788.46 94.71 1,487.55 - (487.55) 148.76% 000 - 497000 Misc Income - - 870.12 - - - 0.00% 000 - 499100 Transfer From Parks Reserve 38,750.00 - - - - 38,750.00 0.00% TOTAL Miscellaneous 40,000.00 801.99 1,028.02 1,509.04 - 38,490.96 3.77 %; TOTAL REVENUES 185,000.00 1,801:99 94,028.02 98,509.04' - 86,490.96 ;53.25 %` PARK FUND CASH IN BANK AND INVESTMENTS AS OF: MARCH 31, 2017 Cash in Bank Claim on Operating Cash Pool- Checking $110,767.36 Cash in Investments Texas Class- Park Fund 328,458.34 Total Cash in Bank & Investments $439,225.70 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31,2017 ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6 - 2 0 1 7 319 -TREE MITIGATION CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Tree Mitigation Fees 85,300.00 4,227.90 37,655.00 57,730 - 27,569.70 67.68% Fund Transfers 54,950.00 - - - - 54,950.00 0.00% Miscellaneous 1,750.00 775.36 625.76 1,459 - 291.44 83.35% TOTAL REVENUES 142,000.00 5,003.26 38,280.76 59,188.86 - 82,811.14 41.68% EXPENDITURE SUMMARY TREE MITIGATION Maintenance Services -Trees 142,000.00 9,223.50 140.00 45,72150 36,000.00 60,276.50 57.55% TOTAL TREE MITIGATION 142,000.00 9,22150 140.00 45,723.50 36,000.00 60,276.50 57.55 %` TOTAL EXPENDITURES 142,000.00 9,223.50 140.00 = 45,723.50 36,000.00 60,276.50 57.55% REVENUE OVER(UNDER) EXPEND (4,220.24} 38,140.76 13,465.36 (36,000.00) 22,534.64 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: MARCH 31,2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6- 2 0 1 7******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 319 -TREE MITIGATION CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 50% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBRANCE BALANCE BUDGET Fees 000 - 458900 Tree Mitigation 85,300.00 4,227.90 37,655.00 57,730.30 - 27,569.70 67.68% TOTAL Fees 85,300.00 4,227.90 37,655.00 57,730.30 27,569`.70 67.68% Fund Transfers 000 - 481000 Transfer In -Reserves 54,950.00 - - - - 54,950.00 0.00% TOTAL Fund Transfers 54,950.00 - - - - 54,950.00 0.00°I% Miscellaneous 000 - 491000 Interest Earned 250.00 3.67 20.51 7.48 - 242.52 2.99% 000 - 491200 Investment Interest 1,500.00 771.69 605.25 1,451.08 - 48.92 96.74% TOTAL Miscellaneous 1,750.00 77536 625.76 1,458.56 - 291.44 8335% TOTAL REVENUES 142,000.00 5,003.26 38,280.76 59,188.86 - 82,811.14 41.68% TREE MITIGATION FUND CASH IN BANK AND INVESTMENTS AS OF: MARCH 31,2017 Cash in Bank Claim on Operating Cash Pool-Checking $43,255.82 Cash in Investments MBIA Investment-Tree Mitigation 310,596.00 Total Cash in Bank & Investments $353,851.82 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 ************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6- 2 0 1 7************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *� 411 - CAPITAL RECOVERY WATER CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Fees 1,020,000.00 362,349.00 462,105.00 629,343 - 390,657.00 61.70% Fund Transfers - - - - - - 0.00% Miscellaneous 20,600.00 8,031.56 8,566.06 14,074 - 6,525.66 68.32% TOTAL REVENUES 1,040,600.00 370,380.56 470,671.06 643,417.34 - 397,182.66 61.83 %' EXPENDITURE SUMMARY GENERAL GOVERNMENT NONDEPARTMENTAL Professional Services 156,000.00 - - 1,000.00 - 155,000.00 0.64% TOTAL NON DEPARTMENTAL 156,000.00 - 1,000.00 - 155,000.00 0.64 %` MISC & PROJECTS PROJECTS Fund Charges/Transfers 366,594.84 0.00% TOTAL MISC & PROJECTS - - 366,594.84 - 0.00% TOTAL EXPENDITURES ` 156,000.00 - 366,594.84 1,000.00 155,000.00 0.64 %; REVENUE'OVER(UNDER) EXPENDITURES 884,600.00 370,380.56 104,076.22 642,417.34 - 242,182.66 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 k********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6 - 2 0 1 7 411 - CAPITAL RECOVERY WATER CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 50% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Fees 000 - 455900 Capital Recovery- Water 1,020,000.00 362,349.00 462,105.00 629,343.00 - 390,657.00 61.70% TOTAL Fees 1,020,000.00 362,349.00 462,105:00 629,343.00 390,657.00 61.70% Miscellaneous 000 - 491000 Interest Earned 600.00 34.75 316.80 100.06 - 499.94 16.68% 000 - 491200 Investment Income 20,000.00 7,996.81 8,249.26 13,974.28 - 6,025.72 69.87% TOTAL Miscellaneous 20;600.00 8031.56> 8,566.06 14,074.34 - 6,525.66 6832 %< TOTAL REVENUES 1,040,600.00 370,380.56' 470,671.06 643,417.34 - 397,18266 61.83 %I CAPITAL RECOVERY WATER CASH IN BANK AND INVESTMENTS AS OF: MARCH 31, 2017 Cash in Bank Claim on Operating Cash Pool-Checking $ 129,488.14 Cash in Investments Lone Star Investment-Capital Recovery Water 3,887,444.81 Total Cash in Bank & Investments $ 4,016,932.95 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 ********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6 - 2 0 1 7 ********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 421 - CAPITAL RECOVERY SEWER CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 50% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Fees 600,000.00 165,924.00 230,001.36 268,089 - 331,911.00 44.68% Miscellaneous 25,500.00 12,325.61 14,793.08 7,796 - 17,703.68 30.57% TOTAL REVENUES 625,500.00 178,249.61 244,794.44 275,885 ^.32 - 349,614.68 44.11% EXPENDITURE SUMMARY GENERAL GOVERNMENT NONDEPARTMENTAL Professional Services 85,500.00 1,086.22 2,160.03 3,175.49 - 82,324.51 3.71% TOTAL NON DEPARTMENTAL 85,500.00 1,086.22 2,160.03 ; 3,175.49 - ` 82,324.51 3.71 %< MISC & PROJECTS Professional Services 150,000.00 - - - - 150,000.00 0.00% TOTAL MISC & PROJECTS 150,000.00 - - - - 150,000.00 0.00 % TOTAL EXPENDITURES 235,500.00 1,086.22 2,160.03 3,175.49 - 232,324.51 1.35 % REVENUE OVER(UNDER) EXPENDITURES 390,000.00 177,1`63.39 242,634.41 272,709`.83 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 k********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 0 1 6- 0 1 421 - CAPITAL RECOVERY SEWER CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 50% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Fees 000 - 455910 Capital Recovery- Waste Wtr 600,000.00 155,124.00 210,20136 257,289.00 - 342,711.00 42.88% 000 - 455913 Cap Recovery-North Sewer Tr - 10,800.00 19,800.00 10,800.00 - (10,800.00) 0.00% TOTAL Fees 600,000.00 165,924.00 230,001.36 268,089.00 331,911.00 44.68% Miscellaneous 000 - 491000 Interest Earned 500.00 35.27 20637 62.15 - 437.85 12.43% 000 - 491200 Investment Income 25,000.00 14,929.79 22,937.41 28,598.43 - (3,598.43) 114.39% 000 - 491800 Gain /Loss - (440.38) (29,620.02) (3,532.18) - 3,532.18 0.00% 000 - 491900 Unrealized Gain /Loss -Cap One - (2,199.07) 21,26932 (17,332.08) - 17,332.08 0.00% TOTAL Miscellaneous 25,500.00 12,325.61 14,793.08 7,796.32 - 17,703.68 30.57% TOTAL REVENUES 625,500.00 ` 178,249.61 244,794.44 275,885.32 - 349,614.68 44.11 %I CAPITAL RECOVERY SEWER CASH IN BANK AND INVESTMENTS AS OF: MARCH 31, 2017 Cash in Bank Claim on Operating Cash Pool-Checking $ 274,890.62 Cash in Investments Lone Star Investment-Capital Recovery Sewer 3,077,952.35 Capital One-investment 1,749,989.50 Total Cash in Bank & Investments $ 5,102,832.47 505 - TAX I &S FINANCIAL SUMMARY REVENUE SUMMARY CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6 - 2 0 1 7 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 50% OF BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Taxes 6,102,433.00 2,623,944.03 5,692,365.09 6,021,412.59 - 81,020.41 98.67% Fund Transfers 40,860.00 - - - - 40,860.00 0.00% Miscellaneous 471,288.00 104,787.30 4,543,724.32 108,075.56 - 363,212.44 22.93% TOTAL REVENUES`' 6,614,581.00 2,728,731.33 10,236,089.41 6,129,488.15 - 485,092.85 92:67 %` EXPENDITURE SUMMARY GENERAL GOVERNMENT NONDEPARTMENTAL Professional Services Debt Service 102,500.00 1,000.00 83,574.23 1,550.00 6,512,081.00 5,329,283.69 4,411,781.19 5,329,583.69 100,950.00 1.51% 1,182,497.31 81.84% Other Financing Sources - - 4,220,709.38 - - - 0.00% TOTAL GENERAL GOVERNMENT 6,614,581.00 5;330,283:69 8,716,064.80 5,331,133:69 - 1,283,447.31 80.60% TOTAL EXPENDITURES 6,614,581.00 5,330,283.69 8,716,064.80 5,331,133.69 1,283,447.31 80:60% " REVENUE OVER(UNDER) EXPEND - 798,354.46 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6- 2 0 1 7********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 505 -TAX I & S CURRENT CURRENT PRIOR YEAR CURRRENT Y -T -D BUDGET 50% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Taxes 000 - 411900 Property Tax Revenue 6,102,433.00 2,623,944.03 5,692,365.09 6,021,412.59 - 81,020.41 98.67% TOTAL Taxes 6,102,433.00 2,623;944.03 5,692,365.09 6,021,412.59 81,020.41 98.67 %` 000- 486000 Transfer From Reserves 40,860.00 - - - - 40,860.00 0.00% TOTAL Fund Transfers 40,860.00 - - 40,860.00' 0`.00 %,, Miscellaneous 000 - 491000 Interest Earned 500.00 67.58 233.58 129.35 - 370.65 25.87% 000 - 491200 Investment Earnings 4,000.00 4,719.72 2,371.99 7,946.21 - (3,946.21) 198.66% 000 - 495015 Contribution from SED 366,788.00 - 356,118.75 - - 366,788.00 0.00% 000 - 495020 Contribution from YMCA 100,000.00 100,000.00 - 100,000.00 - - 100.00% 000 - 498000 Proceeds From Refunding Debt - - 4,185,000.00 - - - 0.00% TOTAL Miscellaneous 471,288.00 104,787.30 4,543,724.32 108,075.56 - 363,212.44 22.93% TOTAL REVENUES 6,614,581.00 2,728,731.33 10,236,089.41 6,129,488.15 - 485;092.85` 92.67°% CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 505 -TAX I& S *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6 - 2 0 1 7 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** GENERAL GOVERNMENT CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 50% OF NON DEPARTMENTAL BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Professional Services 101 - 541500 Paying Agent 2,500.00 1,000.00 1,350.00 1,550.00 - 950.00 62.00% 101 - 541502 Cost of Bond Issuance 100,000.00 - 82,224.23 - - 100,000.00 0.00% TOTAL Professional Services 102,500.00 1,000.00 ` 83,574.23 1,550.00 - 100,950.00 1,51% Debt Service 101 - 555612 Bond -GO Refunding 2010 - Principal 285,000.00 285,000.00 275,000.00 285,000.00 - - 100.00% 101 - 555612.1 Bond -GO Refunding 2010 Interest 47,025.00 25,650.00 29,775.00 25,650.00 - 21,375.00 54.55% 101 - 555626 LS &D SR2006- Principal - - 394,772.50 - - - 0.00% 101 - 555626.1 LS &D SR2006- Interest - - 0.01 - - - 0.00% 101 - 555628 CO Bond 2007 - Principal - - - - - - 0.00% 101 - 555628.1 CO Bond 2007 - Interest - - 2,461.75 - - - 0.00% 101 - 555629 GO Bond 2007 - Principal 280,000.00 280,000.00 264,944.60 280,000.00 - - 100.00% 101 - 555629.1 GO Bond 2007 - Interest 147,945.00 76,821.25 82,214.00 76,821.25 - 71,123.75 51.93% 101 - 555630 GO Bond SR2008 Principal 460,000.00 460,000.00 440,000.00 460,000.00 - - 100.00% 101 - 555630.1 GO Bond SR2008 Interest 278,362.00 143,930.50 153,016.50 143,930.50 - 134,431.50 51.71% 101 - 555631 GO Bond SR2009 Principal 550,000.00 550,000.00 540,000.00 550,000.00 - - 100.00% 101 - 555631.1 BO Bond SR2009 Interest 266,325.00 137,287.50 145,387.50 137,287.50 - 129,037.50 51.55% 101 - 555633 GO SR2011 Principal 235,000.00 235,000.00 225,000.00 235,000.00 - - 100.00% 101 - 555633.1 GO SR2011 Interest 334,763.00 169,143.75 172,518.75 169,143.75 - 165,619.25 50.53% 101 - 555634 GO SR2011A Refund Principal 620,000.00 620,000.00 605,000.00 620,000.00 - - 100.00% 101 - 555634.1 GO SR2011A Refund Interest 102,404.00 54,813.25 61,861.50 54,813.25 - 47,590.75 53.53% 101 - 555635 GO SR2012 Principal 320,000.00 320,000.00 310,000.00 320,000.00 - - 100.00% 101 - 555635.1 GO SR2012 Interest 181,755.00 94,357.50 100,363.75 94,357.50 - 87,397.50 51.91% 101 - 555636 Tax Note - SR2013 - Principal 170,000.00 170,000.00 170,000.00 170,000.00 - - 100.00% 101 - 555636.1 Tax Note - SR2013 - Interest 3,995.00 2,250.00 3,400.00 2,550.00 - 1,445.00 63.83% 101 - 555637 Tax Note - SR 2013A - Principal 160,000.00 160,000.00 160,000.00 160,000.00 - - 100.00% 101 - 555637.1 Tax Note - SR2013 - Interest 3,185.00 2,112.50 3,152.51 2,112.50 - 1,072.50 66.33% 101 - 555638 Bond -GO 2014 Refund - Principal 100,000.00 100,000.00 100,000.00 100,000.00 - - 100.00% 101 - 555638.1 Bond -GO 2014 Refund - Interest 292,275.00 146,637.50 147,637.50 146,637.50 - 145,637.50 50.17% 101 - 555639 Tax Note - SR2015 - Principal 35,000.00 - - - - 35,000.00 0.00% 101 - 555639.1 Tax Note - SR2015 - Interest 3,150.00 1,564.26 1,875.17 1,564.26 - 1,585.74 49.66% 101 - 555640 Bond -Ref 2015 Bond- Principal 450,000.00 450,000.00 80,000.00 450,000.00 - - 100.00% 101 - 555640.1 Bond -GO Ref 2015- Interest 102,125.00 53,312.50 27,056.25 53,312.50 - 48,812.50 52.20% CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 505 -TAX I& S GENERAL GOVERNMENT NON DEPARTMENTAL *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CURRENT CURRENT PRIOR YEAR BUDGET QUARTER Y -T -D ACTUAL 2 0 1 6 - 2 0 1 7 CURRENT Y -T -D ACTUAL ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Y -T -D BUDGET 50% OF ENCUMBR BALANCE BUDGET - - 145,000.00 0.00% 101 - 555641.1 Tax Note - SR2015A - Interest 101 - 555641 Tax Note - SR2015A - Principal 145,000.00 - - - - 145,000.00 0.00% 101 - 555641.1 Tax Note - SR2015A - Interest 13,783.00 6,859.42 - 6,859.42 - 6,923.58 49.77% 101 - 555642 GO Bond SR2016 Principal - 405,000.00 - 405,000.00 - (405,000.00) 0.00% 101 - 555642.1 GO Bond SR2016 Interest - 89,903.13 - 89,903.13 - (89,903.13) 0.00% 101 - 555643 CO Bond Tax SR2016 Principal - 55,000.00 - 55,000.00 - (55,000.00) 0.00% 101 - 555643.1 CO Bond Tax SR2016 Interest - 24,856.25 - 24,856.25 - (24,856.25) 0.00% 101 - 555644 CO Bond nonTax SR2016 Principal - 170,000.00 - 170,000.00 - (170,000.00) 0.00% 101 - 555644 CO Bond nonTax SR2016 Interest - 39,784.38 - 39,784.38 - (39,784.38) 0.00% 101 - 555900 Debt Service 924,989.00 - - - - 924,989.00 0.00% 101 - 555800 Bond Premium - - (83,656.10) - - - 0.00% TOTAL Debt Service 6,512,081.00 < 5,329,283.69 4,411,781.1`9 5;329,58169 - 1,182,497.31 81.84 % ' Other Financing Sources 101 - 556300 Payment to Refund Debt - - 4,220,709.38 - - - 0.00% TOTAL Other Financing Sources 4,220,709.38 - - 0.00% TOTAL EXPENDITURES 6,614,581.00 5,330,283.69 8,716,064.80 5,331,133.69 - 1,283,447.31 80.60% TAX I&S CASH IN BANK AND INVESTMENTS AS OF: MARCH 31, 2017 Cash in Bank Claim on Operating Cash Pool-Checking $ 30,669.09 Cash in Investments IVIBIA Investment- Tax I&S 2,079,262.25 Total Cash in Bank & Investments $ 2,109,931.34 620 -SED CORPORATION FINANCIAL SUMMARY CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: MARCH 31, 2017 ********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 6- 2 0 1 7********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CURRENT PRIOR YEAR CURRENT Y -T -D QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BUDGET 50% OF BALANCE BUDGET REVENUE SUMMARY Taxes 3,692,710.00 799,763.46 1,752,551.47 1,749,181.47 - 1,943,528.53 47.37% Miscellaneous 45,550.00 33,510.25 17,21839 56,780.67 - (11,230.67) 124.66% TOTAL REVENUES 3,738,260.00 833,273.71 1,769,769.86 1,805,962.14 - 1,932,297.86 48.31% ECONOMIC DEVELOPMENT Personnel Services - - 127,166.15 - - - 0.00% Supplies 750.00 168.43 53.60 355.12 - 394.88 47.35% Human Services 1,000.00 - 44.44 345.20 - 654.80 34.52% City Support Services 7,700.00 611.34 1,643.91 2,763.33 - 4,936.67 35.89% Utility Services 4,820.00 440.02 1,043.44 1,035.34 99.72 3,684.94 23.55% Operations Support 131,000.00 3,608.14 62,432.46 17,082.34 139.49 113,778.17 13.15% Staff Support 22,300.00 1,478.24 2,837.21 5,667.12 (2.60) 16,635.48 25.40% City Assistance 1,005,000.00 47.09 161.70 94.59 - 1,004,905.41 0.01% Professional Services 87,500.00 71.77 7,165.90 4,175.77 - 83,324.23 4.77% Fund Charges /Transfers 797,847.00 107,764.77 381,630.75 215,529.46 - 582,317.54 27.01% Debt Service - - 3,107.25 - - - 0.00% Operating Equipment 4,700.00 299.99 - 299.99 - 4,400.01 6.38% TOTAL ECONO'DEVELOPMENT 2,062,617.00 114,489.79 587,286.81 247,348`26 236.61 1,815,032.13 12.00% MISC & PROJECTS PROJECTS - - 158,182.51 - - - 0.00% TOTAL MISC & PROJECTS 158,182.51 - - 0.00% TOTAL EXPENDITURES 2,062,617.00 114,489.79 745,469.32 247,348.26 236.61 1,815,032.13 12.00°/x? ** REVENUE OVER(UNDER) EXPEND > 1,675,643.00 718,783.92 1,024;300.54` 1,558,613.88 (236.61) 117,265.73 SED CORPORATION CASH IN BANK AND INVESTMENTS AS OF: MARCH 31, 2017 Cash in Bank Claim on Operating Cash Pool- Checking $ 314,508.74 Cash in Investments Texas Class Investment - Economic Development Corl 10,847,974.06 Schertz Bank & Trust - Certificate of Deposit 1,057,121.64 Total Cash in Bank & Investments $ 12,219,604.44 4B SALES TAX By Collection Month 41 $400,000 1.9% $350,000 - - - - - - - - - - - - - - 19.90/ 9.6% 13.6% -8.2% $300,000 - - - - - 00, $250,000 $200,000 - - - -- - - - - - - - - - $150,000 $100,000 $50,000 - - - - - - - - - - - - - - - $ OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP 62016 -17 287,235 379,299 290,086 280,216 373,641 243,369 2015 -16 239,534 372,334 264,843 246,568 391,510 265,249 265,854 307,920 284,254 261,570 2014 -15 247,750 319,452 252,513 210,669 397,691 225,482 247,025 361,702 232,983 248,121 _L3 ,939 254,153 2013 -14 240,623 328,635 277,289 208,130 364,222 1 243,967 270,738 390,528 346,223 224,288 340,166 273,715 2012 -13 219,717 287,520 1 237,123 212,096 316,358 1 207,915 202,689 330,324 272,337 281,818 325,062 243,585 C I T Y 0 E S G H E R T Z INVESTMENT REPORT FOR MONTH ENDING March 31st, 2017 C I T Y 0 F S C H E R T Z INVEST14ENT REPORT FOR MONTH ENDING March 31st, 2017 INVESTMENT POOLS Beginning Deposits/ Interest Ending Ending Par Maturity Weighted Book Value Yiel Purchases Withdrawals Earned Book Value Mkt Value Value Date Avg Mat. OPERATIONS-BANK CASH Schertz Bank & Trust - Pooled Cash 10,716,235.70 0.0500 7,383,478.67 8,945,121.28 449.78 9,155,042.87 9,155,042.87 9,155,042.87 N/A Schertz Bank & Trust - PEG Fund 577,141.40 0,0000 22,839.24 - 599,980.64 599,980.64 599,980.64 N/A TOTAL OPERATIONS 11,293,377.10 7,406,317.91 8,945,121.28 449.78 9,755,023.51 9,755,023.51 9,755,023.51 LOGIC General Fund 10,916,359.53 1.0089 2,000,000.00 - 9,411.59 12,925,771.12 12,925,771.12 12,925,771.12 N/A 35 days G/F-Equipment Replacement 74,342.10 1.0089 - - 63.71 74,405.81 74,405.81 74,405.81 N/A 35 days G/F-Vehicle Replacement 501,271.58 1.0089 - - 429.54 501,701.12 501,701.12 501,701.12 N/A 35 days G/F-Air Conditioner Replacement 272,795.97 1.0089 - - 233.75 273,029.72 273,029.72 273,029.72 N/A 35 days SR2009 Bond-Street Projects(II) 875,930.70 1.0089 - - 750.55 876,681.25 876,681.25 876,681.25 N/A 35 days TOTAL LOGIC 12,640,699.88 2,000,000,00 - 10,889.14 14,651,589.02 14,651,589.02 14,651,589A2 LONESTAR Capital Recovery - :Sewer 2,975,574.67 0.9400 100,000.00 - 2,377.68 3,077,952.35 3,077,952.35 3,077,952.35 N/A 48 Capital Recovery - Water 3,484,652.65 0.9400 400,000.00 - 2,792.16 3,887,444.81 3,887,444.81 3,887,444.81 N/A 48 Drainage Fund 813,226.41 0.9400 50,000.00 - 650.44 863,876.85 863,876.85 863,876.85 N/A 48 Facilities Master Plan 26,118.34 0.9400 - - 20.85 26,139;19 26,139.19 26,139.19 N/A 48 GO SR2011 Animal Shelter 8,656,34 0:9400 - - 6.91 8,663.25 8,663.25 8,663.25 N/A 48 GO SR2011 Soccer Fields 163,073.22 0.9400 - - 130.16 163,203.38 163,203.38 163,203.38 N/A 48 GO SR2011 Swimming Pool 2,405,017.63 0.9400 - 2,405,017.63 1,854.20 1,854.20 1,854.20 1,854.20 N/A 48 GO SR2012 Downtown Improvements 986,452.65 0.9400 - - 787.34 987,239.99 987,239.99 987,239.99 N/A 48 SE Elevated Water Tank 2,433,690.89 0.9400 - - 1,942.46 2,435,633.35 2,435,633.35 2,435,633.35 N/A 48 Sewer/CCMA Project 2,862,170.09 0.9400 - - 2,284.45 2,864,454.54 2,864,454.54 2,864,454.54 N/A 48 W/S-Customer Deposits 298,111.15 0.9400 - - 237.94 298,349.09 298,349.09 298,349.09 N/A 48 W/8-Equipment Repl/Cap.Imp 179,238.43 0.9400 - - 143.06 179,381.49 179,381.49 179,381.49 N/A 48 Water&Sewer 3,592,686.16 0.9400 - - 2,867.51 3,595,553.67 3,595,553.67 3,595,553.67 N/A 48 W/S-Vehicle Replacement. 258,926.22 0,9400 - 206.66 259,132.88 259,132.88 N/A 48 TOTAL LONESTAR 20,487,594.85 550,000.00 2,405,017.63 16,301.82 18,648,879.04 18,648,879.04 18,648,879.04 TEXAS class Tax I&S 1,078,323.49 1.0000 1,000,000.00 - 938.76 2,079,262.25 2,079,262.25 2,079,262.25 N/A 71 Days Justice Forfeiture 246,506.20 1.0000 - 208,19 246,714.39 246,714.39 246,714.39 N/A 71 Days Park Fund 328,181.15 1.0000 - - 277.19 328,458.34 328,458.34 328,458.34 N/A 71 Days Economic Development Corporation 10,539,064.40 1.0000 300,000.00 - 8,909,66 10,847,974.66 10,847,974.06 10,847,974.06 N/A 71 Days Library Board 45,309.37 1.0000 - - 38.25 45,347.62 45,347.62 45,347.62 N/A 71 Days Tres, Mitigation 310,333.90 1.0000 - 262.10 310,596.00 310,596.00 310,596.00 N/A 71 Days Tax Note 2013 Fire Truck 4,979.62 1.0000 4.19 4,983.81 4,983.81 4,983.81 N/A 71 Days Hotel Tax 1,057,379.90 1,0000 80,000.00 - 895.31 1,138,275,21 1,138,275.21 1,138,275.21 N/A 71 Days Special Events Fund 16,953.58 1.0000 - - 14.35 16,967.93 16,967.93 16,967.93 N/A 71 Days Tax Notes 2015 EMS Ambulances 89,433.25 1.0000 - - 75.53 89,508.78 89,508.78 89,508.78 N/A 71 Days Tax Notes 2015 Drainage Equipment 685,946.39 1.0000 - - 579.36 686,525.75 686,525.75 686,525.75 N/A 71 Days Tax Notes 2015 Water Equipment 284,159,21 1.0000 - - 240.01 284,399.22 284,399.22 284t399.22 N/A 71 Days Tax Notes 2015 General Fund Equipm 242,521.93 1.0000 - - 204.83 242,726.76 242,726.76 242,726.76 N/A 71 Days Tax Notes 2015A Fire Trucks & Equi 629.97 1.0000 - - 0.58 630.55 630.55 630.55 N/A 71 Days 2016 CO Roads 1,004,314.08 1.0000 - - 848.24 1,005,162.32 1,005,162.32 1,005,162.32 N/A 71 Days 2016 CO Building Repairs 173,481.21 1.0000 - - 146.52 173,627.73 173,627.73 173,627.73 N/A 71 Days 2016 CO Rec Center Windows 429,903.31 1.0000 - 430,230.26 339.00 12.05 12.05 12.05 N/A 71 Days 2016 GO Fire Station 3 4,017,256.14 1.0000 - - 3,392.97 4,020,649,11 4,020,649.11 4,020,649.11 N/A 71 Days TOTAL TEXAS CLASS 20,554,677.10 1,380,000.00 430,230.26 17,375.04 21,521,821.88 21,521,821.88 21,521,821.88 I T Y O F S C H E R T Z INVESTMENT REPORT FOR MONTH ENDING March 31st, 2017 Finance Director This investment portfolio represents a liquid and diverse holding by the City of Schertz. The investment strategy istohold the monthly operating funds in the bank while investing other funds. By looking at the purpose of the funds being invested., it can be determined that it is in best interest of the City to invest in securities over 1 year to maximize yield while still maintaining all collateral and other safety requirements. This portfolio is in compliance with the City's Investment Policy and with the Public Funds Investment Act. Beginning Interest Ending Par Maturity INVESTMENT MANAGED ACCOUNT Book Value Yield Purchases Withdrawals Earned Book Value Mkt Value Value Date Avg Mat, Capital One General Fund 1,362,541.56 2,0000 - 282.63 246.68 1,375,183.49 1,362,394.03 1,345,110.37 N/A 685 Days Capital One Capital Recovery Sewer 1,747,210.33 1..9500 - (362.36) 2.,019.10 1,760,391.91 1,747,673..12 1,725,171.34 N/A 676 Days TOTAL: CAPITAL ONE 3,109,351.89 (79.73) 2,265.78 3,135,575.40 3,110,067.15 3,070,281.71 - C. D. CERTIFICATES OF DEPOSIT 'TTer�. SB &T- Water &Sewer 1,085,258.16 1,0000 - - - 1,085,258.16 1,098,638,06 1.,085;258.16 1/6/2017 365 Days Schertz Economic Development "Corp, 1,057,121,64 0.6000 - - - 1,057,121 -.64 1,059,259.05 1,.057,121.64 5/28/2017 180 Days Schertz Economic Development Corp -. .1,008,000.00 1..0000 - - - 1,008,000.00 1,020,399..78 1,.008,000.00 1/7/2017 365 Days TOTAL': C.D.s 3,150,379.80 3,150,379.80 3,178,296.8..9 3,150,379.80 TOTAL PORTFOLIO 1.03 $ 47,281.56 $70,863,268,65 $ 70,865,677.49 $ 70,797,974.96 86 --„;N Days.. Finance Director This investment portfolio represents a liquid and diverse holding by the City of Schertz. The investment strategy istohold the monthly operating funds in the bank while investing other funds. By looking at the purpose of the funds being invested., it can be determined that it is in best interest of the City to invest in securities over 1 year to maximize yield while still maintaining all collateral and other safety requirements. This portfolio is in compliance with the City's Investment Policy and with the Public Funds Investment Act. TOTAL TEXAS CLASS 30fl City Portfolio i Investment • TOTAT, C _ n _ 260 TOTAL LOGIC 210 0 Special RevenuE Funds, $24,528,623.96 0 Debt S $2,( M Designated Funds, $1,653,299.47 $13,867,111.42 ED Operations, $28,737,380.39 2.50 2.00 1.50 1.00 0.50 0.00 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 Apr-17 May-17 Jun-17 Jul-17 Aug-17 Sep-17 Oct-16 Nov-16 Dec-16 -Jan-17 Feb-17 Mar-17 Apr-17 May-17 Jun-17 Jul-17 Aug-17 Sep-17 El Month T-Bill 0.1800 0.3700 0.4300 0.4900 0.3900 0.7300 E33 Month T-Bill 0.3400 0.4800 0.5100 0.5200 0.5400 0.7500 06 Month T-Bill 0.5100 0.6100 0.6100 0.6300 0.6800 0.8900 E3Schertz Portfolio 0.8000 0.8000 1.0000 1.0000 0.9551 1.0267 NSchertz Bank&Trust 0.0500 0.0500 0.0500 0.0500 0.0500 0.0500 DCD 365 Days 0,8000 0.8000 1.0000 1.0000 1.0000 1.0000 MCD 180 Days 0.6000 0.6000 0.6000 0.6000 0.6000 0.6000 MLOGIC 0.8112 0.8364 1.0089 1.0089 0.9716 1.0089 E]LoneStar 0.6900 0.7087 0.9400 0.9400 0.8362 0.9400 MlxMIA 0.8300 0.9000 1.0000 1.0000 0.9700 1.0000 MCapital One 1.6900 1.6900 2.0000 2.0000 1.6900 1.9460 C I T Y OF S C H E R T Z Investment Report Capital One Assets Date: 3/31/2017 General Fund Assets Projected Annual Current Cash &.Equivalents Due Maturity Shares Cost Mrk Value Income Yield Fidelity Imm Government Fund #2642 40.110.37 40 110.37 40.110.37 245.00 0.61 Total Cash & Equivalents 40,110.37 40 ,110.37 40,110.37 245.00 0.610 Fixed .Income Federal Natl Mtg Assn 1/27/.2020 1032.00 25,.000.00 24,981.80 25,008.25 425.00 1.70 Federal Home IN Mtg Corp Reference 11/17/2017 231.00 100,000.00 109,860.00 102,565.00 5,125.00 5.00 Federal Home IN Mtg Corp Refrnce 8 6/13/2018 439.00 100,000.00 110,756.94 104,305.00 4,875.00 4.67 US Treasury Note 10/15/2017 198.00 40,000.00 39,913.84 39,986,00 350.00 0.88 US Treasury Note 10/31/2019 944.00 100,000.00 101,875.00 100,217.00 1,500.00 1.50 US Treasury Note 12/31/2019 1005.00 50,000.00 50,208.98 50,237.50 812.00 1.62 US Treasury Note 8/15/2020 1233.00 100;000.00 103,.394.53 103,233.00 2,625.00 2.54 US Treasury Note 12/15/2018 624.00 125,000.00 126,181.64 125,086.25 1,562.00 1.25 US Treasury Note 2/28/2019 699.00 50,000.00 49,996.09 50,125.00 687.00 1.37 US Treasury Note 4/30/2019 760.00 50,000.00 49,945.31 49,974.00 625.00 1.25 US Treasury Note 10/31/2019 944.00 100,000,00 99,601.56 99,621.00 1,250.00 1_25 US Treasury Note 11/30/2019 974.00 100,000.00 99,554.69 98,922.00 1,000.00 1.01 US Treasury Note 1/31/2020 1036.00 100,000.00 101,312.50 99,746.00 1,375.00 1.38 US Treasury Note 7/31/2018 487.00 75,000..00 75,.791.99 75,227.25 1,031.00 1.37 US Treasury Note 10/31/2018 579.00 100,000.00 101,101.56 100,092.00 1,250.00 1.25 US Treasury Note 3/15/2020 1080.00 75,000.00 75,225.59 75,276.75 1,218.00 1.62 Upper Trinity Regl Wtr Dist.Te Rev 8/.1/2017 123.00 151000.00 15,371..10 15,154.05. 600..00 3.96 Total Fixed -Income 1,305,000.00 1,335,073.12 1,314,776.05 26,310.00 2.00o Total Assets 732.98 1,345,110.37:.1,375,183.49 1,354,886.42 26,555.00 1..96% Capital Recovery Assets Projected Annual Current Cash & Equivalents Due Maturity Shares Cost Mrk Value Income Yield Fidelity Imm Government Fund 42642 15,171.34. 15.171.34 15,171.34 93.00 0.61 Total Cash & Equivalents 15,171..34 15,171.34 15.,171.34 93.00 0.610 Federal Natl Mtg Assn 10/26/2017 209.00 125,000.00 124,588.38 124,917.50 1,093.00 0.87 Federal Natl Mtg Assn 1/27/2020 1032.00 50,000.00 49;963.60 50,016.50 850.00 1.70 Federal Home Ln Mtg Corp Reference Nts 11/17/2017 231.00 100,000.00 109,860.00 102,565.00 5,125.00 5.00 Federal Home Mtg Corp Reirnce 8 6/13/2018 439.00 100,000.00 110,.753..60 104,305.00 4,875.00 4..67 Federal Home LN Mtg Corp 3/27/2019 726.00 100,000.00 108,297.40 104,727.00 3,750.00 3.58 US Treasury Note 10/31/2019 944.00 100,000.00 100;065.85 100,217.00 1,500.00 1,50 US Treasury Note 12/31/2019 1005.00 100,000.00 100,417.97 100,475.00 1,625:00 1_62 US Treasury Note 8/15/2020 1233.00 100,000,00 103,394.53 103,233.00 2,625.00 2.54 US Treasury Note 12/15/2018 624.00 100,000.00 100,945.31 100,069.00 1,250.00 1.25 US Treasury Note 2/28/2019 699.00 100,000.00 99,992.19 100,250.00 1,375.00 1.37 US Treasury Note 4/30/2019 760.00 100,000.00 99,890.63 99,948.00 1,250.00 1.25 US Treasury Note 10/31/2019 944..00 100,000,00 99,601..57 99,.621.00 1,250..00 1.25 US Treasury Note 11/30/2019 974.00 200,000.00 199,226.56 197,844.00 2,000.00 1.01 US Treasury Note 1/31/2020 1036.00 50,000.00 50,656.2.5 49,.873,00 687.00 1..38 US Treasury Note 6/30/2018 456.00 75,000.00 75,916.99 75,225.75 1,031.00 1.37 US Treasury Note 10/31/2018 579.00 100,000.00 101;101.56 100,092.00 1,250.00 1.25 US Treasury Note 3/15/2020 1080.00 100,000.00 100,300.78 100,.369.00 1,625.00 1.62 Upper Trinity Regl Wtr Dist To Rev 8/1/2017 123.00 10:000.00 10.247.40 10 102.70 400.00 3.96 Total Fixed Income 1,710,000..00 1,745,220.57 1,723,850.45 33,563.00 1.95- Total Assets 741.42 1,725',171.34 1,760,391.91 1,739,021.79 33,654.00 1.:94% Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: June 27, 2017 Department: Subject: City Secretary Minutes The City Council held a Regular Meeting on June 1.3, 2017. . HHZTG • ' • On RM RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of June 1.3, 2017. . ATTACHMENTS Regular Meeting of June 1.3, 2017 minutes. MINUTES REGULAR MEETING June 13, 2017 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 13, 2017, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1.400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Brian James Assistant to City Manager Sarah Gonzalez City Secretary Brenda Dennis to Order — Mayor Carpenter called the meeting to Texas. (Councilmember Councilmember Gutierrez the flags of the United Sta followed by the pledges of allegiance to • Announcements of upcoming City Events (B. James/D. Wait /S. Gonzalez) Mayor Carpenter recognized Executive Director Brian. James who provided the following announcements: • Thursday, June 15, Community Pre- Budget Presentation, Schertz United Methodist Church, 3460 Roy Richard Drive, 6:30 p.m. • Tuesday, June 20, Monthly Chamber Luncheon, Schertz Civic Center, 11:30 a.m. to 1:00 P.M. • Saturday, June 24, Library is again this year hosting their Tee -Off at the Library, 1.0:00 a.m. You can play putt -putt golf in the Library. • Saturday, June 24, The Chamber is hosting their Home Living Showcase from 10:00 a.m. to 2:00 p.m., at the Schertz Civic Center. 6 -13 -201.7 Minutes Page - i - • Tuesday, June 27, City Council 6:00 p.m. • Friday, June 30, TML Legislative Wrap -up 7:45a.m. — 2:30 p.m. Contact Brenda or Donna to register — Event held at the Double Tree by Hilton Austin. • Tuesday, July 4, - 42 °a Annual 411 of July Jubilee 9:00 AM — 10:00 PM, Pickrell Park — more information you can go to visitschertz.com New this year hosted by the Parks and Recreation Department "COOLEST SEAT IN THE HOUSE!" Swim in the Pickrell Park Pool 6:00 PM — 10:00 PM. Advance sale tickets can be purchased for $3.00 in advance at the Schertz Parks and Recreation Office. For more information call Ext. 1850. • Announcements and recognitions by City Manager (J. No Announcements were provided. Presentation • Proclamation recognizing the GenCure Mayor Carpenter recognized Conn cilme Councilmember Larson recognized Beth ; Councilmember Larson stated this is ve didn't know this organization existed tint and we did a drive as someone in his eb For him, the reason this is, important is donor to someone in need it will be the Council. (Beth Carrion to accept) ;r Larson ,nd turned the floor over to him. Ken from GenCure who joined him up front. ear and dear to his heart. He stated that he few weeks ago when they came to his church i is sick and in need of a marrow transplant. if this awareness proclamation matches one ist important thing you will ever do on City Mayor Carpenter recognized Public Affairs Director Linda Klepper who stated the Public Affairs Team recently attended the Texas Association of Municipal Information (TAMI) awards ceremony where the City of Schertz received five (5) awards. Awards accepted include: Award of Honor for External Newsletter or Magazine (Population under 60K) — Schertz Magazine 6 -13 -201.7 Minutes Page - 2 - Award of Excellence for Most Creative with Least Dollars (Population under 120K) — Trunk or Treat Event Award of Excellence for Internal Communications (Population under 100K) — Schertz.Strong Wellness Program TAMI Award for Brochures, Flyers, Posters (Population under 70K) — Trunk or Treat Flyer TAMI Award for Best Photography — February cover of Mayor and Council congratulated everyone involved. be recognized and beat out some of the larger cities. Hearing of Residents • Mr. Jon Chalker, 289 Maske Road, who spoke on s that he can provide to the City of Schertz at no co member of staff will be in contact with him and to Secretary. • Mr. Tra Womack, 8519 Tuscan Hills, Gai Thoroughfare changes, specifically chan thoroughfares seem to loci the land up for local businesses grow and Mayor Carpenter r° secure a copy of Ms. impressive for the city to green waste recycling program Yager John Kessel stated that a his information with the City Ige, TX, who spoke regarding the upcoming rig th north side. His concern is that the time - - -= , 10, 15+ years down the road. the Chamber President who spoke on the need of assisting small ind encouraging more,IOcal growth. She offered some suggestions incenti program and some statements from a longtime local 4 Vi ilis who also spoke on the need of assisting small . s as well as rewards. Small business incentives will help these uccessful. ouncilmember Bert Crawford who asked if it was possible to is report /letter that she read. Mayor Carpenter moved to the Discussion section of the agenda, specifically Items 8, 9, and 10. Discussion Items 8. Resolution No. 17 -R -34 — Consideration and /or action approving a Resolution authorizing the Schertz Seguin Local. Government Corporation (SSLGC) budget amendment for fiscal year 2016 -17 in the amount of $1,000,000 as a transfer to the SSLGC Repair and Replacement Fund. (D. Wait/A. Briggs) 6 -13 -201.7 Minutes Page - 3 - a The following was read into record: RESOLUTION NO. 17 -R -34 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SCHERT /SEGUIN LOCAL GOVERNMENT CORPORATION (SSLGC) BUDGET AMENDMENT FOR FISCAL YEAR 2016- 2017 IN THE AMOUNT OF $1,000,000 AS A TRANSFER TO THE SSLGC REPAIR AND REPLACEMENT FUND, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized SSLGC Assistant General Manager Amber Briggs -Beard who stated the Schertz /Seguin Local Government Qoivoratioh has a :Retained Earnings Policy. This policy set a threshold for the minimum retained etnings to be held in the operating fund. This minimum policy was set at three months of operating expenditures. Based upon this policy, there is $1,000,000 above this threshold available for use, verified by the Annual. Audit for FY201.5- 201.6. Staff is recommending a transfer to the SSLGC Repair /Replacement Fund in the amount of $1,000,000 for future projects'. The Repair /Replacement Fund is another reserve acc and maintenance issues. Dollars iithis,fund are used non - routine projects. The SSLGC Board approved this May 1.8, 2017. . Staff recommends a set aside for unforeseen repairs with board approval for larger, y scheduled board meeting on Mayor Carpenter recognized Mayor ProrTern Edwards who moved, seconded by Councilmember Thoipsor approve Resolution No. 17 -R -34. The vote was unanimous with Mayor, Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Resolution No. 1.7 -R -35 — Consideration and/or action approving a Resolution approving the Schertz�Seguin Local Government Corporation Fiscal Year 2017 -18 Annual Budget. (D. Wait /A: Briggs) The following was read into record: RESOLUTION NO. 17 -R -35 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION FISCAL YEAR 2017 -2018 ANNUAL BUDGET, AND OTHER MATTERS IN CONNECTION THEREWITH 6 -13 -2017 Minutes Page - 4 - ®i Mayor Carpenter recognized SSLGC Assistant General Manager Amber Briggs -Beard who stated a proposed annual budget for the period commencing October 1, 2017 and ending September 30, 2018 has been prepared by the Schertz /Seguin Local Government Corporation (SSLGC) General. Manager and Staff. This proposed budget has been approved by the SSLGC Board of Directors at its regular meeting, May 18, 2017. It is the desire of SSLGC and required by its founding documents to have this budget for the FY2017 -2018 approved by the City of Schertz City Council. The FY2017 -2018 O &M budget is lower than the FY2016 -2017 O &M budget. This is due to reductions in the dollars contributed to the Rate Stabs i zation line item and the Professional and Technical Services line item. Staff workcd,diligently to reduce a portion of its operational items. With the decrease in those line items,, Staff was able to reduce the FY2017 -2018 O &M budget by over $630,000 from the (rent fiscal year's budget ($9,574,754 to $8,942,388). Staff recommends approval, The following RESOLUTION NO. 17 -R -36 Mayor Carpenter recognized SSLGC Assistant General Manager Amber Briggs -Beard who said Res iblution SSLGC R17 -04 and the FY2017 -201.8 Water Rate sheet are attached. These represent the Schertz /Seguin Local Government Corporation's (SSLGC's) FY2017- 2018 water rates.= The FY2017 -2018 O &M budget is lower than the FY2016 -2017 O &M budget. This is due to reductions in the Rate Stabilization Contribution, Professional and Technical Services. Staff worked diligently to reduce a portion of its operational items. With the decrease in those line items, Staff was able to reduce the FY2017 -2018 O &M budget by over $630,000 from the current fiscal year's budget ($9,574,754 to $8,942,388). There is a water rate increase included for FY2017 -2018 of $0.01/1,000 gallons. This is a result of the anticipated reduction of future excess water sales and increases in the costs of 6 -13 -2017 Minutes Page - 5 - operation. FY2017 -2018 budget reductions have worked to minimize the impact of the reduction of excess water sales. Additionally, the City of Schertz will be responsible for an additional $879,529.00 in debt payments for FY 2017 -2018. This increase in debt payments is a result of the most recent bond funding of the new parallel 36" pipeline and the future Guadalupe County Well Field. It is the desire of SSLGC Board of Directors and a requirement of the SSLGC founding documents to have these water rates for FY2017 -1.8 approved bytbe City of Schertz City Council. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 17 -R -36. The vote was unanimous with Mayor Pro -Tem Edwards; Councilmember Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one *sting no. Motion passed. Mayor Carpenter moved back to the workshop portion Workshop Items • Discussion and/or action regarding providing 4pr9pQr name to the "No Name" City Park on Schertz Parkway. (Item requested by Maor Carpenter). (B. James /C. VanZandt) Mayor Carpenter mowed, seconded, by Mayor Pro-Tern Edwards that Council request the Parks Board to consider, renaming "No Name Park" to Earl Sawyer Park. The vote was W unanii ns with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. • Discussion and update regarding the Local Flavor Incentive Policy. (J. Kessel/K. Kinateder Mayor Carpenter recognized EDC Director Kyle Kinateder who provided a Power Point presentation regarding the Local Flavor Policy. Highlights included: EDO's Best Practices (Entrepreneurship & Small Business) • Technical assistance Business plans 6 -13 -2017 Minutes Page - 6 - Financial management Identifying the market and competition Technology transfer Hiring - Knowing when to quit Improve access to capital Financial programs Remove disincentives & barriers to entrepreneurship Economic guarding Incubators Knowledge transfer Invest in basic infrastructure Provide assistance on pennits, zoning, etc. SEDC — ASSISTANT CENTER Available online for residents and PROPOSED INCENTIVES • Grants Micro- grants - Revolving funds • Targeted Areas and addressed comments from Council. The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Approval of the minutes of the Regular Meeting of June 6, 2017. (J. KesselB. Dennis) 2. Cancellation of the July 4, 2017, City Council Meeting — Consideration and/or action approving the cancellation of the July 4, 2017 City Council meeting. (J. Kessel/B. Dennis) 6 -13 -2017 Minutes Page - 7 - Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Kiser to approve consent agenda items 1 -2. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Discussion Items 3. Resolution No. 1.7 -R -37 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing an inter -local agreement between the City of Schertz and the Comal County District Attorney in reverence to the disposition of seized property and contraband. (D. Wait /M. Hansen) The following was read into record: RESOLUTION N A RESOLUTION BY THE CITY COI TEXAS AUTHORIZING AN INTERLOC COUNTY DISTRICT ATTORNEY, AND THEREWITH F,,, THE CITY OF SCHERTZ, CEMENT WITH THE COMAL MATTERS IN CONNECTION chael Hansen 'ho stated the disposition of �trifically Chapter 59 of the Texas Code of ng the "State (County District Attorney) is eement with a law enforcement agency to from such property will be disposed. There agency to receive any property or proceeds. eans that any said seized property and/or Property and /or contraband and any proceeds therefrom may be utilized in certain strictly regulated situations to ,purcha Taw enforcement related equipment and training. This equipment and training is then achieved without the use of general fund revenues. Similar agreements are in place with the Guadalupe and Bexar County District Attorney office. Staff re66mmends approval. Mayor Carpenter `recognized Councilmember Davis who moved, seconded by Mayor Pro- Tern Edwards to approve Resolution No. 17 -R -37. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 4. Ordinance No. 17 -T -22 — Consideration and /or action approving an Ordinance authorizing a Budget Adjustment to the General Fund to Create and Fund an Inspections Plans Examiner Position and an Intern Position. First Reading (B. James /J. Walters) 6 -13 -2017 Minutes Page - 8 - The following was read into record: ORDINANCE NO. 17 -T -22 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET AMENDMENT TO CREATE AND FUND AN INSPECTIONS PLANS EXAMINER AND AN INTERN POSITIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Finance Director James Walters who stated that with Ordinance 16 -T -29 the City Council of the City of Schert approved the annual budget for FY 2016 -1.7. Staff is proposing to amend the budget to, create and fund a :Plans Examiner position in the Building Inspections Division. It would be approved now and then become part of the base budget for this upcoming fiscal year: An Intern position is desired for the City Manager Office and would be seasonal and not expected to be renewed next year. The increase in permit volume has led to i creased revenues which allows this position and the intern position to be funded at this time. Questions and comments from council were as • What special projects would the intern work on in the City Manager Office? The increase in permit volume has led to increased revenues which allow this position and the intern to be funded now. Mr. Jame answered they were inspired by a recent previous-study done by university students regarding waste /recycling. They have a number of other projects they need someone to focus on, gather research materialand develop; recommendations._Likely, they would base the project on the expertise /interest of what the intern has proficiency /interest in. It would be a one- time thing for now and pro i de,a learning experience for the future. • ' The plans examiner position will likely roll into the next budget year. How would this full -time position rack . and stack with other budget requirements that are needed in the city? Als ' do we have a written policy on the books regarding "interns? Some" council concerns were about not having any official city policies 'aitd procedures in place before hiring interns in regard to their selection process, monitoring, evaluation process, work hours, etc. • Increased timeframes for permit applications — is there any data on this? What is our service goal versus our service time to customers? Director of Development Services tesa Wood provided some numbers. The overall workload has increased in all areas of new construction for residential and commercial. More projects are becoming more complex, consuming additional staff time. For example, the average home has 22 inspections associated with it. • A concern was raised regarding the budget's ability to fund this position. Is this the number one position that is needed? What is the ultimate cost? Will the permit fees be able to cover it all? How will it be funded in the future. • How can we be equitable across the board with city staffing needs overall? 6 -13 -2017 Minutes Page - 9 - 5 • We are a fast - growing community and challenges abound to provide adequate services to all of our customers in a reasonable time period. • This excess money from permits could also be used for the on -call firm (already being used) to review more of our customers plans, handling the more complex ones versus adding another position on staff. Also, in regard to the intern request, it would be better if we had a set policy first, for the benefit of all departments and getting the right interns in the right spots. • What is our current fiscal budget for contract labor, or the limit allowed for outsourcing for the building inspections? What is the difference in cost between hiring a full -time city employee versus a full -time contract person? • What are we losing by not getting these permits approved more quickly? Lag time to get on the tax rolls? Other issues? Improve inhous processing efficiencies? • Economy will change -- decline and /or rise. We will geed to balance between permanent city staff and contracting services. • What is the level of service we expect? What is the timefram''6 Council members requested staff provide of this topic. N NO. 17 -R -38 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH VIP STAFFING TOTALING NO MORE THAN $75,000 FOR TEMPORARY STAFFING SERVICES DURING THE 2016 -2017 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Human Resources Director Jessica Kurz who stated she is here tonight on behalf of a number of departments who utilize temporary staff individuals throughout the year. Previously, they used a number of different temporary services but have recently been relying more heavily upon VIP Staffing. This local agency is able to better meet our needs in availability and we have noticed attendance by their staff is much better than what the other agencies have provided. 6 -13 -201.7 Minutes Page -10 - G To date, the city has spent $55,000 with this agency and the request before council tonight is for additional funding to meet the needs currently requested by several different departments until they can permanently award a contract for services. Executive Director Dudley Wait came forward to state due to the financial software we have in place, a `report' has to be run to retrieve this data. Our current Purchasing Manager is working on a new process to eliminate any further oversight of expenditures. Ms. Kurz addressed questions and comments from council including the following: • Clarification of the amount needed for the rest of this • The reason for council's approval due to exceeding tl • There is no current financial tracking process in plat limit has been exceeded. Staff is working on a plan t • Multiple departments are in need of t4is, tempi mentioned in the information packet — why note? • is there an established policy that is,-followed, and sent to department heads? • Are these funds already budgeted and for use? WE non- budgeted funds? • We are over the authorized dollar limit because" t h; agency more, rather than in place; ay,monthly reports are not asking for additional simply utilized this City Attorney Charles Zech cautioned council /staff that the discussion was starting to get off track and turning towards a broader "sope of what i "allowed for on the agenda item. Mayor Carpenter "recognized, Mayor Pro -Tem Edwards who moved, seconded by Councilmember Larso to approve Resolution No. 17 -R -38 with a limit not to exceed more than $F5 ;000. The vote was 6 -1 -0 with Mayor Pro -Tem Edwards, Councilmembers Gutierrez, Larson, Thompson, Kiser and Crawford voting for and Councilmember Davis voting no. Motion passed. Resolution No. "17 -R -39 — Consideration and /or action approving a Resolution authorizing the City Manager to accept Rhine Valley Park as a City Property. (B. James /C. VanZandt /L. Shrum) The following was read into record: 6 -13 -2017 Minutes Page - 11 - RESOLUTION NO. 17 -R -39 A RESOLUTION BY THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ACCEPT THE RHINE VALLEY PARK AS CITY PROPERTY. Mayor Carpenter recognized Parks and Recreation Director Chuck VanZandt and Assistant Parks and Recreation Director Lauren Shrum who stated Rhine Valley is a multi -phase residential development located off of FM 1518 and Lower Seguin Road behind Ray D. Corbett Junior High School. The developer,,;proposed to dedicate an improved park to the City of Schertz in order to satisfy their parkland dedication requirement. The developer has constructed the parking lot, walkways, pavilion, playground, sport court, soccer fields, walking trail, and other" agreed upon improvements associated with the two -phase development of the park. Both phases have been inspected and approved by the City. The proposed resolution authorizes the transfer of ownership, the City will begin Mayor Carpenter recognized Coi Pro -Tem Edwards to approve R Mayor Pro-Tern Edwards, Cc Kiser and Crawford voting for 7. Ordinance No. 17 Ordinance 15 -M- Carpenter/C. Zeeh The AN ORDINANCI PROHIITINGVIO vio accept the park as . Upon CE NO. 17 -M -19 OF , THE CITY OF SCHERTZ, TEXAS FIONS OF THE CITY CHARTER Mayor Carpentei recognized City Attorney Charles Zech who stated the recently adopted amendments to the City Charter included a requirement that the City Council adopt an ordinance creating a criminal penalty for a violation of the City Charter. He has redrafted an ordinance to provide more clarity to make clear specifically what prohibitions within the charter are being criminalized. They are listed specifically as they are listed within the charter so now it's in ordinance form and in the ordinance. Also, previously we had adopted an ordinance but had not codified it. It is now consistent with the charter. 6 -13 -2017 Minutes Page -12 - Mayor Carpenter recognized Councilmember Crawford who expressed concerns about some of the wording and as to it matching exactly what is stated in the charter. City Attorney Charles Zech addressed his comments and questions. Mayor Carpenter recognized Councilmember Davis spoke about the penalties and asked if there are other parts of the city charter that someone is not compliant with, would they also not be considered something that could be facing a criminal penalty? Councilmembers and Mayor continued asking questions and discussing the proposed ordinance. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Davis to approve Ordinance No. 17 -M -19 first reading. The vote was unanimous with Mayor Pro -Tem Edwards, COtinCilmeni l rs Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one "",voting no. Motion passed. 11. Future Item Placement on a Council Agenda Consideration and /or, action regarding placement of an item or items on a future agenda. Particularly, city council will discuss whether an item will be placed,,,9n a future agenda to discuss issues or policies or situations regarding the placement 'or use of video cameras, within the organization. (Mayor Carpenter) Mayor Carpenter stated that on the take this item up at this tithe. He a< significant disagreement. Mayor Carpenter c1 ttorney it would be untimely to his advice unless there is some t "closed session on this matter on our next some explanations. Mayor Carpenter. recognized City Secretary Brenda Dennis who provided the roll call votes for the Workshop it nregarding No Name Park and agenda items 1 -10. Closed Session 12. 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. 6 -13 -2017 Minutes Page -13 - • Project E -030 • Project E -031 Mayor Carpenter recommended a brief ten - minute recess before going into closed session. Council convened into closed session at 9:25 p.m. Reconvene into Regular Session Mayor Carpenter convened back into regular session at 10:31 p.m. 12a. Take any action based on discussions held in closed session;itnder`Agenda Item 12. No action was taken Requests and Announcements 1.3. Announcements by City Manager. No announcements were provided. 14. Council members to request that items be placed on'al future agenda. No discussion of the merits of the item may be taken at'this time. Should a'Cooncil Member oppose placement of the requested item on a future agenda, the Mayor shall",instruct the City Secretary to place on the agenda for the next regular sessici an item to di'cuss the merits of placing the item that was objected to on a future agenda for full consideration. Mayor Carpenter recognized Mayor Pro -Tem Edwards who requested an update on the consolidation of, the contracting for staffing services to ensure there is no further miscommunication in the future. Executive Director Brian James said he would take care of that. Mayor Carpenter recognized Councilmember Thompson who requested an item regarding Charter Item 1207 for clarification. Mayor Carpenter stated then it would be for a general item for discussion on the city charter. 6-13 -201.7 Minutes Page -14 - Mayor Carpenter recognized Councilmember Crawford who requested a short update on the animal shelter repairs and maintenance that have been performed over the last six months. 15. 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 Mayor Carpenter recognized Mayor Pro -Tem Edward who 'stated he will be absent on the June 27th meeting to take his daughter to the naval academy. Adjournment As there was no further business, Mayor Carpenter adjourned the meeting at 10:36 p.m. Carpenter, Mayor ATTEST: Brenda Dennis, City 6-13 -201.7 Minutes Page -15 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: June 27, 2017 Department: Legal Subject: Ordinance No. 17 -M -19 Criminal Penalty for violation of City Charter (Final Reading) BACKGROUND The recently adopted amendments to the City Charter included a requirement that the City Council adopt an ordinance creating a criminal penalty for a violation of the City Charter. City Council passed this on first reading at their meeting of June 13, 2017. FISCAL IMPACT There is no known fiscal impact for the City. 1• I Adopt the proposed ordinance on final reading. I .I 9[ Eli UiIU 101L,117174 10]L, Ordinance No. 17 -M -19 ORDINANCE NO. 17 -M -19 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS PROHIBITING VIOLATIONS OF THE CITY CHARTER WHEREAS, on November 3RD, 2015 the City of Schertz held an election on the adoption of amendments to the City's Home Rule Charter; and WHEREAS, Proposition. No. 4 included a measure to amend the City Charter to include a criminal provision for violation of any provision of the Charter; and WHEREAS, on November 16th, 2015 the City Council canvassed the votes of said election; and WHEREAS, pursuant to notice of a public meeting held in compliance with the Texas Open. Meetings Act, the City Council of the City of Schertz, Texas, convened into a regular meeting of the City Council on this the 17th day of December, 2015 for the purpose of entering an order into the records of the City and declaring that Proposition 4 was adopted; and WHEREAS, pursuant to the Charter amendment City Council is required to enact an ordinance to enforce the criminal provisions adopted; and WHEREAS, the City Council previously adopted an ordinance prohibiting violations of the Charter; and WHEREAS, the City Council finds and determines it necessary to more accurately describe what actions constitute a violation of the City Charter. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: Section 1. The City of Schertz Code of Ordinances Chapter 50 is amended to add the following section: Sec. 50 -7. — Violations of the City Charter A. The following acts are specifically prohibited: 1. Holding other Office. No Mayor or Councilmember shall hold any compensated City office or employment until two (2) years after the expiration of the term for which he or she was elected to the City Council. 2. Appointments and Removals. Neither the City Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officer or employee whom the City Manager or any of his or her subordinates are empowered to appoint. a. Exception. The City Council as a body at a properly called meeting, may express its views and fully and freely discuss with the City Manager anything pertaining to the appointment and removal of such officers and employees. 3. Interference with Administration. Except for the purpose of inquiries or excepted under this section, the City Council and its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately. 4. Admission of Liability. Neither the City Council nor any of its members shall accept or admit liability or pay any claim for damages asserted against the City without first obtaining a written opinion from the City Attorney regarding the City's liability therein. 5. Conflicts of Interest. It is prohibited for the Mayor or Council Member or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local Government Code, Chapter 171 as amended or its successor. For purposes of this Section term "City Official" means any individual subject to the requirements of Texas Local Government Code, Chapter 171 as amended or its successor. 6. Attorney Client Privilege. It shall be unlawful for the Mayor or a Council Member to release any attorney- client privileged communication. B. Any violation hereof shall be punishable in municipal court and, upon conviction, shall be punishable by a fine up to five hundred dollars ($500.00). Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this 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. That all rights and privileges of the City are expressly saved as to any and all violations of the provision of any ordinances repealed by this ordinance which have accrued at the time of the effective date of this Ordinances; and, as to such accrued violation and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 13th day of June, 2017. . PASSED, APPROVED and ADOPTED ON SECOND READING, on the 27th day of June, 2015. . CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: June 27, 2017 Department: Subject: City Secretary Boards, Commissions and Committee Member Resignations and appointments The City Secretary's Department recently received a resignation notice from Ms. Barbara Hall from the Historical Preservation Committee and the Committee of Committees Advisory Board. With the vacancy of Ms. Hall from the Committee of Committees Advisory Board, Chair Dean Weirtz of the Historical Preservation Committee recommends the appointment of Sue Boissonneault to fill that vacancy. We have also received a resignation notice from Mr. Michael Dahl from the Committee of Committees Advisory Board. FISCAL IMPACT None RECOMMENDATION Staff recommends approving the resignations of Ms. Barbara Hall and Mr. Michael Dahle, as well as the appointment of Ms. Sue Boissonneault to the Committee of Committees Advisory Board. ATTACHMENT Resignations CITY COUNCIL MEMORANDUM City Council Meeting: June 27, 2017 Department: Finance Agenda No. 4 Subject: Resolution No. 17 -R -40 — Accounts Receivables Adjustments BACKGROUND: In the EMS, Utility Billing, and Magazine functions, services are provided to customers up front and billing is settled later. Since services are provided before receiving payment, inevitably the City has customers that do not pay for the services provided. When this occurs, staff reaches out to the customer to try to collect the outstanding payment including follow up notices and phone calls to try and reach out to the customer to remind them of the outstanding balance and encourage payment. However, the longer the customer account goes without a payment the less likely that any payment will be received. Once a customer account reaches 180 days without payment, Staff brings those accounts to the City Council to be "written off'. This process is an accounting procedure following the Generally Accepted Accounted Principles (GAAP), which lays the framework of accounting practices in the U.S. This designation means it is unlikely those outstanding balances will ever be collected. This leads to an accounting adjustment on the City's Financial Statements to accurately show how much is still outstanding and is reasonable to expect collection. If a customer's account has been written off, this does not erase or forgive that debt. The city can and does collect some portion of the amount owed by those customers. This can be through the debt collection agency used by EMS or if the customer returns to the City and requests new services through the Magazine or Utility Billing. The resolution authorizes the debt for these areas that is more than 180 days outstanding as of May 31, 2017 to be written off. These write offs come before council quarterly and last came before council on March 28th, 2017. Previous Write off Amount: February 2017: $621,138.97 FISCAL IMPACT This accounting adjustment will not affect the City's Budget or financial standing. The amount written off is estimated during the budget process and is accounted for in the revenue estimations and the bad debt expense accounts. The action taken tonight will reduce the amount shown as owed to the City by $544,944.16 and set it equal to the amount seen as still reasonably collectible. The breakdown is as follows: EMS - $534,922.83 City Council Memorandum Page 2 Utility Billing - $10,021.33 Magazine - $0.00 There are no write offs for the magazine at this time. RECOMMENDATION Staff recommends Council approve Resolution. No. 1.7 -R -40 ATTACHMENTS Resolution No. 17 -R -40 Memo- Resolution.doc RESOLUTION NO. 17 -R -40 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS, UTILITY BILLING DEBT REVENUE ADJUSTMENTS AND SCHERTZ MAGAZINE DEBT REVENUE ADJUSTMENTS FOR CERTAIN INACTIVE OUTSTANDING RECEIVABLES AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City maintains quarterly debt revenue adjustments for inactive outstanding accounts; and WHEREAS, the City Council has determined that it is in the best interest of the City that all inactive outstanding accounts after 180 days nonpayment will be sent to City Council for consideration for write offs. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the write off in the amount and distribution of accounts below: Function I Amount EMS $534,922.83 Utility Billing $10,021.33 Magazine $0.00 Total $544,944.16 Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and finding of the City Council. Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 27th day of June, 2017. CITY OF SCHERTZ, TEXAS Mayor Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Agenda No. 5 0111 &WOU111►`[4I ady 1 DIU [o7 710 11110 1 City Council Meeting: June 27, 2017 Department: Engineering Subject: Ordinance No. 17 -S -21— An Ordinance by the City Council of the City of Schertz, Texas, amending the Master Thoroughfare Plan of the City of Schertz. First Reading 78% of respondents in the recent community survey indicated that traffic will be the biggest issue that the City of Schertz will face within the next five years. They also indicated that road repair, maintenance, and expansion as well as planning for rapid growth will be issues facing Schertz going forward. The proposed update to the City's Master Thoroughfare Plan (MTP) is the planning effort designed to deal with this issue. The City is proposing to update the MTP section of the Comprehensive Land Plan to provide for an appropriate transportation network for the City of Schertz given anticipated growth patterns and changing community demographics in the City of Schertz and the surrounding communities and jurisdictions. The purpose of the MTP is to provide a framework of land use and transportation infrastructure which will serve as a guide for the efficient movement of vehicles throughout the growing City of Schertz. The plan must be updated periodically to address changes in land use, growth and growth projections, and changing goals and objectives of the City. The basis of the existing plan and subsequent updates is the City's Comprehensive Plan from 2002. The MTP has been amended several times since the Comprehensive Land Plan was originally adopted in 2002, but this is the first comprehensive update to the MTP. In addition to the thoroughfare plan, the update includes trails network plan that provides for bike lanes and hike and bike trails (shared use paths). The goals of the MTP include mobility and connectivity, improvement of existing roadway infrastructure, preservation and enhancement of environment and aesthetic value, and identification and advancement of alternative modes of transportation. The proposed update to the MTP addresses those goals in the context of updated input including re- evaluating existing and proposed land uses and growth projections, current and forecasted traffic volumes, and analysis of existing and future connections to adjacent communities for connectivity of roadways at a regional level. The proposed updated MTP also addresses and updates the City's street functional classifications and design guidelines (right -of. -way widths and cross sections). Advisory groups comprised of the Capital Improvement Advisory Committee Members (Planning and Zoning Commissioners plus two additional members), Transportation Safety Advisory Commissioners, and Economic Development Corporation Board Members acted as City Council Memorandum Page 2 representatives of the public at large and met several times as part of the process of updating the MTP. An open house was held and all property owners within the City corporate limits and extraterritorial jurisdiction (ETJ) were invited via post cards that were mailed to each property owner to solicit input and feedback. A Public Hearing was held at the May 24, 2017, regular meeting of the City of Schertz Planning and Zoning Commission. The following people spoke at the public hearing: City Council Memorandum Page 3 Rick Robertson- 23041 Nacogdoches Rd • Where will the land for the dedication come from • Not in favor with staff's recommendation Mark Penshorn- 8320 Trainer Hale Rd • Concerns on flooding if FM 3009 is extended • Concerns on drainage for south Schertz • Not in favor with staff's recommendation Darrell Drouillard- 11721 Moonlight Meadows • Concerns on the FM 3009 Extension • Negatively impact the subdivision • Concerns on flooding • Concerned about the livability, market values, noise issue • What interactions will be for Authority Lane and Moonlight Meadows • Not in favor with staff's recommend Reagan Rawe- 7993 Trainer Hale Rd • Why was the San Antonio River Authority, Texas State Agriculture Board not contacted about the Cibolo Creek on tributaries with the road comes development will disrupt the creeks and water shed. • Not in favor with staff's recommendation John Flores- 11218 Flores Rd • Mentioned that the San Antonio River Authority took 2.5 acres from his property for the drainage channel • Concerned about more of his land will be taken if the FM 3009 extension is approved Not in favor with staff's recommendation • Not in favor with staff's recommendation Rosemary Hendrix- 3017 Turquoise • Who controls the roads and the Board should be more concerned with current residents not future residents • Concerned that Schertz is losing our values • Had a questions regarding TXDOT improvements on FM 1518 and what is the ETA on seeing the results • Not in favor with staff's recommendation Wayne Ashabraner- 8200 Starr Ranch • Represents 13 families in south Schertz • Concerns about the FM 3009 extension • Concerns on traffic along Ray Corbett Dr. with the current school and new school being built in this area. • Concerns on drainage issues • Not in favor with staff's recommendation City Council Memorandum Page 4 Sherlyn Fye- 6028 FM 482 • Concerned on why the city is only reviewing major changes to Schwab Rd • Needing more truck routes in north Schertz • Not in favor with staff's recommendation Arnold Villafranco- 7006 Robin Hood Way • Concerned with traffic & safety on FM 1518 • Had a question on the guard rail on Ware Seguin Rd • Not in favor with staff's recommendation Leslie Branham - 1.45 Cloverleaf Dr • The consultants that did the study need to also seek concerns from the residents and local city staff • Concerned about flooding • Concerned on the existing roads • Not in favor with staff's recommendation Gladys Haecker- 8205 Trainer Hale Rd • Concerned about FM 3009 extension • Concerned about the new proposed streets will affect their property • Not in favor with staff's recommendation Rick Robertson- 23041 Nacogdoches Rd • FM2252 used to be altered • Need to listen to residents' concerns and not rush thru decisions Craig Moore- 7703 Trainer Hale Rd • Having a hard time reading the map due to no cross streets • Concerned about the wildlife • Concerned with FM 3009 • Concerned with noise, and traffic • Concerned about the language that states "Large Property" Mike Vajdos- 3805 Arroyo Seco • What is the proposed traffic count on FM 3009 and what is the current density of people per sq. mile in Schertz Keith Sanders- 20724 Wahl Lane, San Antonio • In favor for with staff's recommendation Herman Harlohs- 11564 Ware Seguin Rd • Concerns with flooding and the bridges • South gate concern that is a truck use gate only • Concerns Engel Rd and concerning a flood area • Question on Ware Seguin on the guard rails Jamie Lyndolfer- 12828 Lower Seguin Rd • Voted for bond for improvements of Lower Seguin Rd • Concerned that the contractor be an outside certified contractor After the Public Hearing, the Commission unanimously voted to recommend the proposed Master Thoroughfare Plan update for approval by City Council. City Council Memorandum Page 5 Goal To provide an up -to -date thoroughfare plan with a long -range vision of a transportation network including a range of transportation options and accommodations for multimodal components. The City of Schertz and the surrounding communities will continue to grow in the coming years. This will result in increased demand on the current road system. As has been experienced over the past decades, this increased demand will result in increased traffic. Schertz' unique shape and topography, and manmade constraints create significant challenges to easily moving across the City. In less than 30 years the City has grown from a population of just over 10,000 to over 40,000. Infrastructure, including roads must grow to meet this demand. Many of the questions and concerns expressed at the P &Z meeting and through the public input process have centered around the timing of the road construction and the impact on the property owners. Unfortunately, we cannot predict when the roads will be built. That is a function of when traffic demand creates a need for the roads and funding is available. If development does not occur as anticipated, the roads may not be built, but more likely as property owners in the area, both in Schertz and in neighboring cities, decide to sell their property to developers the need will arise. It should also be noted that the alignment shown is generalized, not an exact location of the road. Efforts will be made when setting exact alignments to follow property lines where possible rather than bisecting tracts, avoid structures, historically significant areas, and environmentally sensitive areas to the degree possible. That being said, it is not always possible to do those things. Community Benefit An appropriately laid out and constructed transportation network directly supports the City of Schertz Policy Values of Safe Community and Essential Services, while also providing guidance promoting an attractiveness and fiscal sustainability which can lead to economic prosperity. It is important to note that thoroughfares shown on the plan will be constructed and expanded as traffic volumes warrant their construction and funding is available. Additionally, the alignment shown on the plan is a generalized alignment that will be refined as properties are platted and roads are designed. FISCAL IMPACT None. RECOMMENDATION The proposed amendments to the Master Thoroughfare Plan section of the Comprehensive Land Plan are consistent with the goals and objectives of the Comprehensive Land Plan and consistent with current and projected future circumstances with respect to transportation within the City and the region. Staff recommends approval of the proposed amendment to the Master Thoroughfare Plan. ATTACHMENT Ordinance 17 -5 -21 Proposed Master Thoroughfare Plan Power Point Presentation from the May 24, 2017 P &Z meeting. ORDINANCE NO. 17 -S -21 AMENDING THE MASTER THOROUGHFARE PLAN OF THE CITY OF SCHERTZ; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Schertz, Texas (the "City") has adopted a Master Thoroughfare Plan (the "Master Thoroughfare Plan ") as part of the City's Comprehensive Land Plan (the "Comprehensive Land Plan "), which is established under the City's Amended and Restated Unified Development Code (the "UDC "); and WHEREAS, the City Staff has recommended an update to the current Master Thoroughfare Plan; and WHEREAS, the Planning and Zoning Commission of the City conducted a public hearing and, after considering the Criteria, made a recommendation of approval of the proposed amendment to the Master Thoroughfare Plan, which is set forth on Exhibit A attached hereto and incorporated herein (the "Amendment "); and WHEREAS, the City Council has been presented with the proposed Amendment and has determined that the Amendment is in the best interest of the City; and WHEREAS, all conditions required prior to implementing the Amendment have been satisfied. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The Master Thoroughfare Plan of the Comprehensive Land Plan is hereby amended as set forth on Exhibit A to this Ordinance. This amending Ordinance shall be noted on the cover of the revised UDC. 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 or the Amended and Restated Unified Development Code authorized herein are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of 50555339.2 -1- 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 the 27th day of June, 2017. PASSED, APPROVED AND ADOPTED on final reading the 11th day of July, 2017. Michael R. Carpenter, Mayor City of Schertz, Texas ATTEST: Brenda Dennis, City Secretary, City of Schertz, Texas (Seal of City) 50555339.2 -2- EXHIBIT A PROPOSED MASTER THOROUGHFARE PLAN See attached DRAFT II. � = Acknowledge ments Thank you to the following for their participation and involvement in the development of this report. City Council Michael Carpenter, Mayor Mark Davis, Place 1 Ralph Gutierrez, Place 2 Scott Larson, Place 3 Cedric Edwards, Place 4 Robin Thompson, Place 5 Angelina Kiser, Place 6 Bert Crawford, Place 7 Key City Staff John Kessel, City Manager Brian James Kathryn Woodlee Bryce Cox Advisory Committee Planning and Zoning Commission (P &Z) David Richmond, Chair Ernest Evans, Jr., Vice Chair Christian M. Glombik, Commissioner Ken Greenwald, Commissioner Richard Braud, Commissioner Michael Dahle, Commissioner Glen Outlaw, Commissioner Capital Improvements Advisory Commission (CIAC) P &Z members, above, plus Dr. Mark Penshorn Tim Brown Table of Contents Transportation Safety Advisory SEDC Participating Committee (TSAC) Members Stephen Bish, Chair Tim Brown Bill Bowers, Commissioner Mark Tew Richard Dziewit, Commissioner Mireille Ferdinand John Correu, Vice Chair Roy Richard Ronald Perry, Commissioner Paul Macaluso Roy Ragsdale, Commissioner Mary "Katie" Chain Paul Ryson, Commissioner Gary Howell John Sullivan, Commissioner Rosemary Scott Glen Outlaw, Commissioner Sydney H. Verinder Phillip Rowland, Alternate Marvin Thomas Larry Franklin Grady L. Morris, Sr. Eric Haugen Deborah Perrone Max Hernandez Terry Welch John Cook Gary Preston Chapter1. Basis for the Plan ................................................................................. ..............................1 Introduction................................................................................................................ ..............................1 GuidingGoals and Objectives .................................................................................... ............................... 2 TransportationPlanning ............................................................................................. ..............................9 PublicInvolvement ..................................................................................................... ..............................9 Chapter 2. Transportation System Needs ............................................................. .............................12 Regional Mobility and Connections ........................................................................... .............................13 LocalMobility and Safety ........................................................................................... .............................20 Non -Auto Considerations ........................................................................................... .............................24 Forecast Transportation Conditions .......................................................................... .............................29 Chapter 3. Thoroughfare System Plan .................................................................. .............................37 The Master Thoroughfare Plan .................................................................................. .............................37 Street Functional Classifications and Design ............................................................. .............................39 Design Guidelines and Special Considerations .......................................................... .............................47 Administration........................................................................................................... .............................52 Conclusion.......................................................................................................... .............................53 Appendices......................................................................................................... .............................54 Table of Contents List of Figures Figure 1. Regional Highway Network .......................................................................................................... 13 Figure Z.5chertz Area Arterial Roadway Network ..................................................................................... 15 Figure I Daily Level of Service, 2O15. Source - GRAM traffic counts ......................................................... ZO Figure 4. Crash Rates, 2Ol2-2Ol4. Source TxDOT[R|5 ............................................................................... 21 Figure 5. Bikes, Trails and Recreation Network .......................................................................................... 25 Figure 6. Representative Land Use related plans incorporated ................................................................. 3O Figure l Model Traffic Area Zones O[AZs .................................................................................................. 31 Figure O. Land Use Intensity, 2OIO .............................................................................................................. 32 Figure 9. Land Use Intensity, 2O4O .............................................................................................................. 32 Figure 10. 2011 Comprehensive Plan based Transportation Network - AAMPO ....................................... 33 Figure I1.Schertz Network Modeled Result .............................................................................................. 34 Figure IJ. Master Thoroughfare Plan Map ................................................................................................. 3O Figure l3.|'35 Managed lanes illustrative View from 5chertz Parkway. Source: |'35 EIS ........................ 4O Figure 14. Four-Lane Principal Arterial Section .......................................................................................... 41 Figure l5. Six-Lane Principal Arterial Section ............................................................................................. 41 Figure l6. Secondary Arterial Section —VWederstein Road ........................................................................ 4Z Figure l7. Secondary Rural Arterial Section — Ware Seguin Road .............................................................. 43 Figure l8. Residential Collector — Example: Savanah Drive ........................................................................ 44 Figure l9. Commercial Collector Example: Four Oaks Lane ..................................................................... 45 Figure J0. Commercial Collector OOCA Example: New Streets inTOD area ............................................ 45 Figure J1. Driveway and Non-Signalized Intersection Spacing Guidelines ................................................. 49 Figure JZ. Example, Shared Access Easement ............................................................................................ 5O Figure 2l Example, Cross Access Easement ............................................................................................... 5U Figure 24. Major Arterial Flared Intersection ROW Dedication guidelines ................................................ 52 Figure 25.Binz-Emdemantu San Antonio Connection Alternatives considered ........................................ 58 Figure 26.3ohertz Parkway, North connection consideration .................................................................... 58 Figure 27. Excerpt 2002 Master Thoroughfare Plan, connection Illustrating the concept for extensionofFM]OU9. ................................................................................................................................ 59 Figure 28. Excerpt ofFM3009 screened route options, FM3009E Study, 20U7. ..................................... 59 Figure 29. Route alternatives considered for Southern 3chertz, preliminary, 2U15 .................................. 59 Figure 3U. Arterial Spacing, Source FM3UU9E Study, 3U07 ....................................................................... 6U Figure ]1. Alternative Alignment connection toFM30U9 .......................................................................... GO Table of Contents Chapter 1. Basis for the Plan Introduction Schertz is a growing city located on the banks of the Cibolo Creek in Central Texas. Home to a diverse economic base, a well- educated populace, and close access to Schertz's "largest suburb, San Antonio," the city is actively engaged in considering and guiding growth opportunities while maintaining the character and qualities that so many of its residents identify with. In 2015 the City Council saw the need to update the Master Thoroughfare Plan (MTP) adopted as part of the Schertz Comprehensive Plan, to weave together plan activities that had occurred since the plan's adoption, to reflect an updated view from the community, and to more specifically guide the development of a transportation network outlined in the comprehensive plan. The City of Schertz has completed a lengthy effort to update its MTP. The thoroughfare network is one of the most visible and permanent elements of a community, and it is experienced by residents daily as they make choices of how to connect where they live, work, and play. The Schertz MTP identifies future transportation needs for the area, goals and policies, and short- and long -term capital investments for improvements to existing roads, construction of new roads, bicycle, pedestrian, and transit supporting facilities. This plan also provides a framework for a balanced transportation system to offer choices in how people travel, and includes assessment of traffic volumes and crash statistics, corridor design, and a Chapter 1: Basis for the Plan recommendation for MTP planned alignments with functional classifications and multimodal components. It also serves as a guide for transportation investment decisions. This plan serves to update Schertz's long -term vision for a range of transportation options and accommodations including personal and commercial vehicles, bicycling and walking, and transit. As an initial stage of the Schertz MTP Update, the city conducted an issues identification process where a series of meetings identified issues to be addressed and the goals to be achieved by the plan. Two groups were appointed by council to guide the development of the scope to advance the plan. These included the city's MTP advisory committee and a Capital Improvements Advisory Committee (CIAC). The appointed committees represented the public at -large in the plan update, assisted in developing a mental picture of what residents want Schertz to look and feel like as it continues to grow. The committees also provided critical input and feedback on alternatives considered by the team, draft recommendations, and helped guide community involvement for the MTP update. This input and feedback helped to refine the details of the plan working towards the plan update, which was presented as a draft to the MTP advisory committee with a target for adoption in Spring 2017. Guiding Goals and Objectives In 2015, initial meetings on the MTP update involved listening and the continuation of the ongoing conversation regarding transportation options necessary to accommodate future growth and reflect the positive quality of life in Schertz, and build on the city's Comprehensive Plan and Sector Plan updates from 2013. Community input helped provide background, context, and policy direction for updated recommendations related to planning transportation facilities in the city. Guiding project goals were developed based on the adopted Comprehensive Plan's goals and strategies, distilled into four goal areas regarding transportation for implementation, which are considered to represent the community's current thinking on values and aspirations as expressed through the process. They relate to the city's Comprehensive Plan in important ways. The following are a summary of the transportation - related goals and related objectives from the adopted Schertz Comprehensive Plan being addressed, updated, or included by this plan: • Hierarchy of Thoroughfares » Efficient connections » Interagency and intergovernmental coordination Continuity of Traffic Flow » Maximize continuity of the network to ensure citywide mobility and minimize response times for emergency vehicles Chapter 1. Basis for the Plan » Plan, fund, and implement improvements in the MTP • Provide for increased demand while preserving and enhancing the attractiveness of the environment » Ensure transportation projects include greenspace and landscaping in the right of way (ROW) • Promote Alternative Transportation Modes » Incorporate Bicycle and Pedestrian master plan, on- and off - street trails, bike routes, and sidewalks » Provide safe and effective means to accommodate pedestrian traffic and prioritize improvement areas based on type of street and adjacent land use » Address pedestrian safety issues • Coordinate with railroad companies to improve safety conditions of lines through the community » Pursue improvements at intersections of railroad lines with arterial and collector roadways Ultimately the MTP attempts to balance these goals and inform public decision making on the MTP based on this framework. Based on existing plans, council, and community input, the MTP actions build on the goals and objectives noted above, and focus on the four following areas, expanded on below with specific objectives: 1. Access and Mobility Roadway connections, continuity Regional Rail Pathways /trail connections Neighborhood connectivity Chapter 1: Basis for the Plan 2. local Context and Character Preference Visual /aesthetic landscaping and greenspace Walkable, context sensitive, prioritize connecting neighborhoods, schools, parks, shopping, and enjoyment centers 3. Preserving Existing infrastructure Corridor preservation Partner agency and neighborhood coordination and collaboration 4. Fiscal Stewardship Maintenance, enhance intersections Access coordination Agency coordination, partnerships Chapter 1. Basis for the Plan Goal #10 Access and Mobility A crucial goal for any major MTP is the ability to reach desired goods, services, and activities. The provision of transportation options to reach destinations in Schertz will grow as the city does. This goal is represented in Schertz through efficient system management and operations, through context sensitive and complete streets designs, and with a network of transportation choices. The growing multimodal network will provide connections to where residents work, live, and play, whether in Schertz or away, through a system offering opportunities to drive, walk, bike, and connect to transit. Goal #1: Provide efficient, safe mobility to, from, and within Schertz by providing multimodal transportation options and management for existing and anticipated future needs. Obiective M1. Provide safe mobility options for people who live, work, and visit Schertz, including efficient connections to regional economic activities and other communities. Objective M2. Create and preserve convenient connections between neighborhoods, schools, access to commercial areas, and neighborhood assets to provide alternative routes for short trips for people on bike and on foot and reduce trip lengths overall. Objective M3. Plan improvements to the arterial and collector street network to support the balanced mobility of motorists, pedestrians, bicyclists, and commerce. Objective M4. Provide for an alternate mode of transport to and from Schertz such as a regional rail system. Obiective M5. Provide a location for a park- and -ride along the Interstate Highway 35 (1 -35) and 1 -10 corridors to take advantage of pending express -lane improvements and expansion of regional transit connections, with the intent to provide a viable alternative to the personal vehicle for commuting. Obiective M6. Provide a network of bicycle and pedestrian facilities, including sidewalks, bike routes, bike lanes and paths, which provide mobility options, regional and multimodal connectivity, and increase recreational opportunities for Schertz residents. Chapter 1: Basis for the Plan ®I #2c vocal Character Preference A healthy Schertz community in 2040 will be achieved by ensuring transportation and infrastructure investments focus on people and places. Investments should enhance active transportation choices and accessibility, and also create lasting value that complements the character of Schertz's neighborhoods, employment centers, and activity centers. Goal #2: Provide a safe transportation network planned and designed with people and places in mind, including amenities and green space design treatments that reflect a positive experience for all modes of transportation. Obiective S1. Adopt policies, ordinances, and programs that promote multimodal, context sensitive considerations, and green natural aesthetics, such as landscaped medians, into the planning and project funding of transportation facilities in Schertz. Obiective S2. Continue departmental processes and procedures to ensure coordination of land use and transportation planning, while including context sensitive solutions for design and implementation of transportation corridors and facilities in Schertz. Objective S3. Provide transportation investments and procedures that help enhance traffic access and circulation, walkability, bikeability, aesthetics, and amenities throughout Schertz. Objective S4. Invest in improvements to minimize the impact of railroads through Schertz. Chapter 1. Basis for the Plan Goal 3: Preservation of Existing Transportation Network Through efficient system management, this plan places high priority upon maintenance, rehabilitation, safety, and reconstruction of basic infrastructure systems. As neighborhoods in Schertz continue to mature, we will continue to maintain high quality transportation infrastructure including streets, sidewalks, and other public infrastructure facilities. Investments will provide a balance between the transportation needs of the community and the needs of local neighborhoods. Goal #3: Prioritize investments to ensure the ongoing maintenance, rehabilitation, safety, and reconstruction of the current thoroughfare network and supporting infrastructure. Obiective P1. Preserve ROW for anticipated arterial roadways through corridor preservation and subdivision plat dedication. Obiective P2. Coordinate action with regional partners to ensure that planned connections are feasible and existing infrastructure is not expanded unduly. Objective P3. Manage roadway congestion and increase mobility and safety for all roadway users through intersection enhancements, operational improvements, targeted capacity enhancements, and promotion of alternative means of transportation. Objective P4. Design, operate, and manage the transportation system to maintain or improve the quality of multimodal mobility, access, and safety for those traveling in and living within Schertz. Objective P5. Develop and implement transportation performance measures and programs to monitor, evaluate, and forecast the degree to which the transportation system investments accomplish community goals and mobility objectives. Chapter 1: Basis for the Plan Goal #4: Fiscal Stewardship Goal #4: Optimize the use of City of Schertz funds and leverage additional funding for transportation to maximize the Schertz public return on investment in transportation infrastructure and operations. Obiective F1. Identify and pursue private, regional, state, and federal revenue sources for funding multimodal transportation improvements in Schertz, and actively engage in regional efforts to identify and allocate funding sources. Objective F2. Integrate state and federal long -range transportation planning factors with local and regional transportation planning to maximize future funding opportunities for surface transportation projects in Schertz. Objective F3. Evaluate and if appropriate, implement directed funding sources such as tax assessment for transportation that ensure adequate funds are directed to transit improvements — street construction, hike - and -bike trails, etc. Obiective F4. Plan for and preserve ROW and other real property for future multimodal transportation and supporting infrastructure investments in advance of economic development. Obiective F5. Promote land development strategies and suitable locations to maximize and support multi- modal development, such as the mixed -use districts and transit oriented development of the North Sector Plan, which maximize the benefits of transit investment in a location with a combination of convenient proximity, road access, and walkability. Chapter 1. Basis for the Plan Transportation fanning The MTP is the long -range plan for major transportation facilities for the City of Schertz. The MTP, like the Schertz Comprehensive Plan, is a living document and is intended to accommodate development of the city's thoroughfare network, but is also meant to be updated periodically as conditions change. The plan is also a corridor and ROW preservation document, allowing for the orderly coordination of development for a transportation network that supports the city's growth and development over time. Future thoroughfare alignments are long term and general in nature, and have been developed with high -level planning consideration based on current, available conditions. As such, their alignments may be modified during development of specific projects or over time, but the linkages should be maintained so that the overall system functions as a whole. Thoroughfares in this plan are generally arterial roadways that serve moderate and higher traffic volumes, connect with and serve the state highway system. However, this plan also illustrates some collector class roadways — roads not considered arterials but still important to provide connectivity for the city in areas with lower densities across multiple parcels of ownership, or areas where functional connectivity is needed. This section describes the public process used in the creation of the plan, the referenced planning documents that formed the basis for its development, coordination process, and formal adoption process. Public Involvement Development of the Schertz MTP Update was an open and collaborative process involving citizens, adjacent jurisdictions, and public entities. Master Thoroughfare Plea Advisory Committee Two groups were appointed to guide the development of the plan: the MTP advisory committee and a CIAC. The MTP advisory committee provided direct input in the formative stages of the plan update. As part of the information gathering during the formative stages of the plan, the city combined the standing Planning and Zoning Commission with the Transportation Safety Advisory Commission to form this joint advisory committee. A separate CIAC was also convened to take formal action on a number of items during the process, including guidance on specific transportation projects. The CIAC is made up of the Planning and Zoning Commissioners plus one additional appointed member. Chapter 1: Basis for the Plan on potential system improvements. The CIAC also formally adopted the growth rates to be used for demographics analysis, the resulting land use analysis used for evaluation of the transportation network, and made recommendation on near term capital improvements to the City Council. Public Meetings and Presentations A series of public committee and advisory group meetings, progress meetings, City Council briefings, and an open house were made to review and discuss the existing conditions and needs, plan alternatives, policies and programs, and implementation strategies for the plan update. The materials presented at these meetings and comments received are summarized in Appendix A, Meeting Materials. Meeting Date City Council, Project Overview, Master Thoroughfare Plan, and Impact Fee Study 2/17/2015 Advisory Committee Meeting 1, Capital Impact Advisory Commission (CIAC) Meeting 1: Project Introduction, Needs Assessment 5/13/2015 Presentation to regional city staff: Project Introduction, Needs Assessment 5/13/2015 Advisory Committee Meeting 2 and CIAC Meeting 2: Goals and Objectives, Existing Conditions and Needs Assessment, Growth Rate 10/14/2015 Advisory Committee Meeting 3 and CIAC Meeting 3: Land Use Analysis, Preliminary Recommendations, Capital Improvements Program Options 11/18/2015 Public Open House: Goals and Objectives, Existing Conditions and Needs, Plan Options 4/18/2016 Advisory Committee Meeting 4: Draft Master Thoroughfare Plan, Policies and Programs, Capital Improvement Plan 4/12/2017 Planning and Zoning Public Hearing #1: Master Thoroughfare Plan, Policies, and Programs Plan 5/24/2017 City Council First Reading: Master Thoroughfare Plan, Policies, and Programs Plan 612712017 City Council Final Reading: Master Thoroughfare Plan, Policies, and Programs Plan 7111117 ' r 1 An open house was held on April 18, 2016, to brief the public on progress material that had been developed and gain feedback. Topics included existing conditions and needs summary, draft goals and objectives, the active recreation and bike network, recommended modifications to functional classifications and road cross sections, and working ideas to adjust the alignments of the adopted 2011 MTP. Notices of the open house were mailed to every address within the Schertz city limits and extraterritorial jurisdiction. Chapter 1. Basis for the Plan The meeting had nearly 150 participants, 3 presentation sessions by Freese and Nichols, Inc., and numerous information stations manned by staff for individual questions and answers. Comments and questions were noted, an exit survey was handed out, and contact information on how to include comments on the material was made available. Comments taken at the session and written comments submitted were incorporated into the plan recommendations and alignments adjusted further based on specific input details. Open House – Credit: City of Schertz Input from the open house was generally positive toward the information provided and supportive of the recommendations, including wanting to see more east -west connections, better roads for currently undeveloped areas in the south to support development, and for grade separation over the railroad and Farm -to- Market Road (FM) 78. Some road classifications were changed to reflect the input, such as Old Wiederstein Road, and other suggested connections were noted. Comments on the revised alignment and lowered roadway classification for a new link between Trainer Hale Road and FM 78 to align with FM 3009 — to pull it away from an existing neighborhood north of Schaefer Road and avoid the Crescent Bend Nature Park and CCMA facility — were also generally positive. Some concerns were voiced with impacts to the existing homes along Trainer Hale Road further to the south. Comments were both supportive of additional connections to San Antonio at State Highway (SH) Loop 1604, and Cibolo south of FM 78, but also concerned with the ability to make the connection due to large property ownership. Chapter 1: Basis for the Plan This page intentionally left blank. Chapter 1. Basis for the Plan Chapter 2. Transportation Mobility Regional is This assessment of needs draws upon the information gathered during the documentation and insight offered by the MTP combined advisory committees — comprised of the Planning and Zoning Commission, the Transportation Safety Advisory Commission, members of the Economic Development Corporation, and members of the CIAC. The needs identified herein form the framework for development of the MTP, potential project identification and prioritization, and needed policies and programs. Three major highways serve to connect Schertz to other cities within the region: 1 -35, 1 -10, and SH Loop 1604 (Figure 1). While each of the three facilities experience congestion during peak periods, many recent or upcoming projects will provide substantial improvements to each facility, reducing congestion on the highways for the immediate future and accommodating future growth. Figure 1. Regional Highway Network Chapter 2. Transportation System Needs 1 -35 is a critical international trade corridor freeway facility carrying the highest traffic volumes through Schertz, and though primarily serving trips that begin and end outside of Schertz, the 1 -35 corridor also serves as a critical linkage between Schertz and San Antonio. Within Schertz, the current average annual daily traffic volume on 1 -35 (total of both directions) range from 108,000 east of FM 1103, to 152,000 at FM 3009, where volumes increase at each interchange to the west of Schertz. Current Texas Department of Transportation (TxDOT) plans, called 135Nex," call for the addition to 1 -35 of two managed lanes that will end at FM 1103, a significant project that will add a considerable amount of capacity to the corridor. In 2015, TxDOT received a Finding of No Significant Impact (FONSI), which allows the project to continue with design for construction. Continued growth in the region is represented in planning documents for the 135Nex by growth in traffic volumes of 20 to 25 percent. The continued growth of the city's north sector plan area, as well as the northern portion of Schertz in general, in turn, lead to the evaluation of roadway segments directly connected to 1 -35, particularly the interchanges at FM 3009 and FM 1103. The proposed addition of managed lanes to 1 -35 also represents an opportunity for extended express peak - period transit service from Schertz to serve central San Antonio, and raises the opportunity for express reverse - commute service to Schertz from the southwest and potential for a tie -in or advance services for regional rail operations. Analyses of traffic operations under full build -out of the city points to a need for additional capacity from existing access points to /from 1 -35 in order to relieve projected demands on FM 3009 and FM 1103. Capacity can be expanded along parallel routes, such extension of north -south connector and expansion of Old Wiederstein road, which provide additional routes to 1 -35, as well as the planned expansion of FM 1103, which will simultaneously serve the community of Cibolo as well as Schertz. Improvements to the access road, such as ramp reversals near overpasses, to improve flow and consistency are currently in planning stage from approximately FM 1103 to the Guadalupe River. Access from a park- and -ride to and from the 1 -35 managed lanes at Wiederstein Road, or a park- and -ride situated near the general lane access to the managed lanes currently planned for east of FM 1103, would also provide direct benefit to projected area traffic operations. This plan recommends an area for a potential site generally between FM 1103 and FM 3009 that would provide a synergy for transit partnership with VIA (p264, FONSI). As Schertz continues to grow to the north (coupled with southward growth towards 1 -10), reconfiguration of the FM 2252 interchange should be considered as it relates to design of the 135Nex lanes, as well as the connection of Dean Road to FM 2252 as a north -south connector. UM South of 1- 35,1 -10 is another nationally important freeway route that serves east -west traffic to the south of Schertz. Current volumes on the main lanes of 1 -10 are approximately 40,000 average annual daily trips east of Loop 1604. Like 1 -35, a project is in the study phase to add lanes from San Antonio to Seguin to accommodate future growth. As southern Schertz grows, operations will change the two -way frontage road to one way, similar to 1 -35, to accommodate higher volumes and reduce higher speed traffic conflicts Chapter 2. Transportation System Needs from turning vehicles, as well as reduce head -on conflicts from vehicles exiting the main lanes. Providing a backage road on either side of the freeway is one method to ensure long -term quality operations for mobility while retaining more efficient access for the traffic demands on this corridor. Though not entirely within the City of Schertz, the critical regional mobility provided by the freeway network is important for the city. As such the city recommends for provisions of Texas U- turns, or an alternate scheme for traffic efficiency, should also be made as bridges are configured at Loop 1604, FM 1518, and Trainer -Hale Road. +ray .i West of Schertz, SH Loop 1604 is a major regional circulator for the San Antonio region and highest capacity north -south connector in the Schertz plan area. The northern portion of the 95- mile -long facility is a divided highway, but the section south of 1 -10 is currently more rural in character, and still maintains a two -lane, undivided section. The section immediately west of Schertz is currently under construction to create a divided section. This corridor facilitates major movements in the area, including the commuting patterns for access to Randolph Air Force Base (AFB). The base is in the planning process of relocating their southern gate to the west of the facility, which would alleviate some delay on Lower Seguin Road and remove the gate from the runway clear zone. Arterial Roadways The grid of arterial roadways, spaced between approximately 1 -mile intervals for north -south corridors and larger spacing for east to west, is disrupted by natural and man -made features, including the Union Pacific Railroad and the downtown grid that is aligned with the railroad, the Cibolo Creek, and Randolph AFB. These features constrain and channelize area traffic connectivity to the dominant arterial corridors. From a regional mobility and connectivity perspective, the significant north -south arterial routes in Schertz are: • Schertz Parkway • FM 3009 • FM 1518 • FM 1103 These arterial roadways provide the backbone of automobile volume service. Future traffic growth should be planned for on these vital routes and improvements should be implemented to maintain acceptable level of service (LOS) for vehicle users travelling across the city. Chapter 2. Transportation System Needs Roy Richard Drive, with recent sidewalk improvements While trips along the outside edges of the city are currently being served through planned expansions to serve more regional and long- distance trips, there are a number of facilities that have current needs for capacity improvements to better serve local trips. Near the downtown area, the collective arterial capacity of FM 3009 and Schertz Parkway do not provide enough north -south capacity for origins- destinations planned for south of FM 78, and any north -south connectivity is interdependent on the east -west capacity of FM 78, since the north -south movement must currently also spend a portion of the trip moving east - west on FM 78. This is a significant cause of delay in this portion of the network. With limited ROW on each of these corridors, widening for capacity would have significant effect on the community character of many of the corridors. Also, Schertz Parkway is limited from extension south by dedicated parkland, existing residential neighborhood, and complicated by proximity to landfill. Roy Richard Drive (FM 3009) is a four -lane, divided principal arterial connecting central Schertz from FM 78 to the City of Garden Ridge, with the 1 -35 corridor in the center. It provides the key north -south mobility for the city as well as connection to the regional network. With higher speeds and greater capacity than other parallel routes it provides major mobility for Schertz, as well as regional connectivity for Garden Ridge and a significant portion of Cibolo. FM 3009 also provides a key corridor for adjacent commercial land uses, with neighborhood oriented uses further south in the corridor, and larger uses near 1 -35. Recent improvements have been made to add sidewalks to the roadway by TxDOT, providing safe pedestrian passage and recognizing the changing nature of the needs and use of corridor. Chapter 2. Transportation System Needs FM 1518 north of FM 78 has a constrained existing ROW, but may offer more opportunity for expansion as it has fewer land uses on the west side; however, full section expansion may be limited due to the geography of Cibolo Creek, floodplain and floodway, and dedicated parkland. FM 1518 should be considered for adding the overall system capacity needed, and in the near term, adding dedicated turn lanes at major intersections over the long term, adding a median, and reducing curve radii would improve safety and provide a buffer. FM 1103 is a principal arterial roadway connecting the City of Cibolo to 1 -35. The roadway is currently built to rural FM standards and heavily used for commuting. The City of Schertz and the City of Cibolo have partnered with TxDOT to make capacity improvements to the roadway. These are being coordinated with improvements to the junction with 1 -35 to modify the bridge in advance of the expansion projects. Plans are currently in the schematic phase but anticipated to move forward prior to 2020. Separately from TxDOT efforts, the City of Cibolo is also considering an extension of the FM 1103 corridor south to 1 -10 as a public - private partnership with a company to deliver a major roadway. Chapter 2. Transportation System Needs Morning Commute, FM 1103 south of 1 -35 East-West Connectivity At a regional mobility and connection level, the major east -west highways noted above provide for higher volume automobile service, especially at the edges and the narrow geographic center of the city. More local east -west arterial routes are limited due to geographic features — Cibolo Creek, Randolph AFB, and existing neighborhoods. The clear zones extending from the Randolph AFB are also limiting to the types of uses that are encouraged there, and activities should remain limited due to the proximity. Apart from several residential and mixed developments (in various stages of planning to completion), which are close to the FM 1518 corridor, much of the anticipated growth in the area south of Randolph AFB is expected to be low density. Future traffic growth and demand should be planned for on the remaining viable routes and improvements should be implemented to maintain acceptable conditions for vehicle users travelling across the city. Significant east -west major arterial routes within Schertz are: • FM 78 • Old Wiederstein Road and Lower Seguin Road • Binz- Engleman Road to Trainer -Hale Road FM 78 is a vital route providing a mixture of mobility and access through central Schertz. The offset intersection of FM 78 with FM 1518 currently serves as the only connection within the city between northern Schertz and southern Schertz. FM 78 is a key access point for the Schertz community, as well as serving regional, east -west mobility. Maintaining FM 78 as a viable regional transportation alternative for trips travelling to, from, and through the geographic center of Schertz should remain a priority. However, the city should partner with regional agencies to provide north -south connections that do not also require a segment of east -west movement in a limited corridor. Old Wiederstein Road and Lower Seguin Road were both determined to have segments operating at a current LOS D or worse based on daily traffic volumes during PM peak traffic conditions. Given their critical positions in the network and growing importance in accommodating longer- distance east -west trips Chapter 2. Transportation System Needs within the city, additional capacity may need to be accommodated for these facilities so that they will meet future user demand. The growth in both northern and southern Schertz, coupled with the growth of the Cibolo community to the east, and the lack of east -west connections across the Cibolo Creek and Randolph AFB in the plan area, indicate the need for consideration to upgrade east -west corridors, particularly in southern Schertz. However, the significant floodplain along the Cibolo Creek complicates a connection and may eventually require reconfigurations of bridge crossings at Schaefer Road /RAF - Burnette, Lower Seguin Road, and a new structure for the Trainer -Hale Road extension. Chapter 2. Transportation System Needs Local Mobility and t Traffic Volumes and Congestion The performance of the local roadways and resulting congestion can be linked to a host of contributing elements, including the number of vehicles using them and at what times, number of lanes, speed limit, daily traffic volumes, adjacent land uses, traffic signal parameters, driver types, signage, pavement conditions, road design elements, access controls, and more. In this section, a few elements — demographics, mode splits, and average traffic volumes are reported to track average conditions at the time of the plan. According to U.S. Census data, approximately 94 percent of all work trips in the City of Schertz are automobile based, with an average commute time of 27 minutes; 13 percent of trips are carpool based, with 6 percent of respondents walking, biking, or working from home. The percentage of people driving to work alone has been increasing slightly, from 80 percent in 2000 to 82 percent for most of central and northern Schertz in 2013. For those not working at home, the commute time varies based on the length of trip, destination, and chosen route. The roadway network should provide for safe mobility and access to properties in and around Schertz, just as it does for the longer- distance trips discussed under the Regional Mobility and Connection section earlier in this chapter. This section focuses on the qualitative analysis that can include arterials, collectors, and local connections. At lower levels of the functional classification system, providing access becomes prioritized over higher travel speeds and the service of larger traffic volumes. Typically, fewer lanes are Chapter 2. Transportation System Needs required, lower speeds are expected, and on- street parking is allowable on local and some collector streets. As a part of the MTP update process, crash data on Schertz streets were analyzed to gauge roadway safety throughout the city. According to analysis of Texas Motor Vehicle Crash Data, between 2012 and 2015, approximately 1,950 crashes occurred on city streets, 210 of which resulted in injury. An analysis was performed to determine the most common crash locations as well as the corridors with the highest crash rates. Comparisons were also made to other comminutes of similar size in Texas. Detailed information regarding the collision data is also provided in Appendix D. Vehicle crashes are a source of considerable personal anguish, disruption, and loss of personal property and time and can result in personal injury and in the worse cases, death. Analysis of crashes recorded over the prior 3- year period of available data was conducted to determine if patterns were prominent (Figure 4). Rates of crashes on roadways were also compared to cities of similar size. Analysis showed that, generally, arterials in Schertz have a similar number of crashes per year compared to communities of similar size in Central Texas, such as Seguin, Leander, and Kyle. For the 3 -year period, an average of 650 crashes per year were reported, with 3 crashes resulting in fatalities in 2014. Despite increases in vehicle safety technology such as airbags and crumple zones, generally higher speeds and speed differential between vehicles involved leads to increasing severity of Crash Data C, No Injury's Q 1 Injury a 4 Injury's ________. Fatality Number of Crashes 823 _I 37 329 534 226 70 z crash outcomes. For the period analyzed, 55 out of Figure 4. Crash Rates, 2012 -2014. Source TxDOT CRIS 1,950 total crashes reported resulted in incapacitating injury. Of the crashes resulting in incapacitating Chapter 2. Transportation System Needs injury, 80 percent occurred on roads with a posted speed limit of 45 miles per hour or higher: 35 percent of the crashes resulting in significant injury and six of the eight fatalities occurred on 1 -35 or its frontage road. Three of the eight fatal crashes occurred at or near 1 -35 and FM 1103. Weight differential can often also be a significant contributing factor. However, in Schertz, commercial vehicles as a subset of vehicle types were involved with a limited number of crashes overall in the period analyzed. Only 8 percent of crashes resulting in injuries involved commercial vehicles, and of those, all but four were located on 1 -35 or its frontage roads. Still, commercial vehicles were a factor in half of the crashes resulting in fatalities. All but one of the fatal crashes involving commercial vehicles were located on 1 -35 or frontage road. F.• - •i i t Source: TxDOT CRIS 2015 Neither time of day nor weather conditions appeared to be disproportionately contributing factors for fatal crashes for the period of time studied. Overall, 24 percent of crashes occurred at night, which is lower than other similarly situated communities studied. * t' Measures that could be implemented in an attempt to reduce crash rates on FM 3009 and others include more active access management techniques, which could include the construction of a raised median along portions of the corridor, right -in /right -out commercial driveways, closure of driveways /streets on high -crash segments, consolidation of driveways, incentives supplied for cross -lot access additions, and other treatments. The continued control and limitation of future access points near busy intersections and along high -crash corridors should also be given consideration. The periodic retiming of signal corridors to increase vehicle platooning may help traffic entering the roadway from a driveway or cross street successfully identify an appropriate gap in traffic. Deeper analysis of FM 3009 may also be warranted to determine specific measures to bring crash rates to within the city average. Lowering posted speeds on roadway segments can also help with severity and frequency of crashes, but typically is more effective when accompanied by striping or physical changes to the roadway that reduce the perception that a driver has room to speed, otherwise mismatches in vehicle speed can persist, where some drivers exhibit disregard for posted speed limits, given the wider lanes. Chapter 2. Transportation System Needs FM 78 has a combination of high volume use and poorly defined access to adjacent businesses, with growing through - volumes. It could be a good candidate for an access management study by TxDOT to determine the appropriate detailed improvements to make, with additional opportunity for community involvement in development of any corridor scaled improvements. The policy implications for the City of Schertz are that speed differentials between crash vehicles increase crash severity, and lower speeds are more appropriate for residential areas, with enforcement and education of speed risks an ongoing concern. Additionally, road design features such as narrower lanes and reduced turn radii at intersections can be visual clues to slow traffic on arterial roadways. The results illustrate that the city's practices regarding access management and commercial vehicles generally appear to be positive and are to be commended and continued. Chapter 2. Transportation System Needs Non-Auto Considerations Bicycling and Walking MBMR��E Chapter 2. Transportation System Needs Figure 5. Bikes, Trails and Recreation Network A "bicycle boulevard" can be created by the connection of local streets with a shared -use path, trail segment or other treatment, creating a through passage for bicyclists and pedestrians but not for motor vehicles, for example, by combining a shared use path on Old Wiederstein Road with the planned trail connection in a utility corridor east of FM 1103 and making a connection across all of northern Schertz but also separated from 1 -35 by 3,000 feet. The Schertz Master Plan Bicycle & Pedestrian Walkway map, created in 2003, forms the core of the planned network for the city, and has since been expanded to include existing and proposed bike routes, bike lanes and shared -use paths. Off road trails, some of which may be natural surface, are also included for illustration, though those trails are not directed by the MTP. Higher -speed facilities are better served through separated bicycle accommodations, such as a shared - use paths, which separate bicycles from the higher speed traffic. The advisory group agreed and recommended to use these to form the backbone of the bike network for the plan. RIMUMVINTUMT Shared -use paths, sometimes referred to as multi -use or hike - and -bike trails, encourage healthy and active lifestyle options for Schertz residents as well as serve bicycles not only as recreation, but as transportation facilities. Trails located near residential areas and local parks can see very high levels of usage, especially if designed with good sightlines to points of interest and with routing and amenities placed with a variety of user groups in mind. Local examples include the very popular Schertz Parkway shared -use path and the gravel trail along Forest Ridge Park. Paths along utility easements can also provide linkages in linear ROW that already exist, and in many cases provide a car -free semi - natural green context to travel in. A long -range plan for trails in Schertz is also included in the 2014 Schertz Parks Master Plan. Paths adjacent to roadways but within the ROW can be more cost effective to provide or construct, though as with the example of Schertz parkway, can benefit one side of the roadway over the other. It will be important to develop a prioritized and coordinated implementation plan for a network of trails and on- street bicycling facilities so that the community can get the optimal return on its investment. using Cyclist sidewalk similar to r shared-use path along O r Wiederstein "trr Chapter 2. Transportation System Needs r- • The city generally offers excellent sidewalk coverage for city - maintained roadways and newer developed neighborhoods, though there are some gaps in the existing sidewalk system, particularly along undeveloped parcels along major arterials. Some of the gaps are more critical than others. The city recently benefitted from TxDOT's construction of sidewalks along both sides of FM 3009, providing a significant safety improvement over pedestrians walking along the road's shoulders. A city's walkability is determined by the availability of pedestrian connections and proximity of residential and retail land uses. For example, the traditional center of Schertz has an exceptionally high level of walkability due to its short blocks and grid pattern of local streets. More recently constructed neighborhoods are well served by sidewalks internally, but they are typically separated from other uses, which promote vehicular use. By creating better connectivity between neighborhoods and other uses with both vehicular and pedestrian facilities, residents have healthier options for completing daily tasks. With neighborhood support services incorporated within neighborhoods, citizens can walk or bike to a grocery store, restaurant, or convenience store. Alternative options to vehicular use allows for cost savings on gas and improved air quality. Sidewalks should continue to be included throughout neighborhoods and provide connections to parks, schools, amenities and other neighborhoods. Design and future construction of significant arterials should, unless they are serving an area intended to remain rural, include pedestrian accommodation along the corridor. Chapter 2. Transportation System Needs '�r' r The following regional transit assessment is based on an evaluation of concurrent plan processes. Rail Regional partners are studying a regional rail alternative that would connect the San Antonio metropolitan area to Georgetown, north of Austin. Development of this regional connection concept would provide an additional, reliable alternative to travel on 1 -35, and provide direct, quick connection to other development nodes along the corridor. Alamo Regional Transit The Alamo Area Council of Governments provides a demand - responsive transit service of the Alamo Regional Transit (ART). ART provides demand responsive public transit service, curb -to -curb services in the Schertz area and counties surrounding San Antonio. These services are typically used for adult day care, medical appointments, seniors, shopping, and the general public. One -way fares range from $2 to $12, depending on destination, and rides require scheduling a day in advance. Express Bus and Vanpool VIA Metropolitan Transit, or VIA, offers non -stop service to major employment centers such as downtown, and vanpool services to serve lower density areas at the periphery of its service area. Through VIA, people can also share rides to work while splitting monthly cost of van rental and fuel in a vanpool. a r CV LPA j d �PVa+ �k Chapter 2. Transportation System Needs accelerated implementation of transit alternatives in Schertz, and shorter trips for residents. This plan recommends an area that would be useful as park- and -ride location in partnership with VIA. The site location would be generally centered around the intersection of 1 -35 and FM 1103, with access to the planned express lanes on 1 -35. Forecast Transportation Conditions Future Land Use onditions Development of the Schertz MTP utilized the future land use plan from the 2001 Schertz Comprehensive Land Plan and the subsequent 2013 Sector Plan, and 2015 Joint Land Use Study (JLUS) for Randolph AFB. Conditions beyond the city were represented by the regional transportation model and land use projections maintained by the AAMPO. The future land use map of the adopted Schertz Comprehensive Plan, the 2013 Sector Plan update, and the compatibility considerations of the 2015 Randolph AFB JLUS Study were used to form the land use basis of the transportation analysis and near -term needs. These adopted and recognized plans were used for locations of prevailing and planned land uses, residential, commercial, and institutional locations and densities. The prevailing land uses were overlaid with the existing and previously planned thoroughfare network to form an initial basis for transportation network capacity evaluation through a transportation model. The information gathered results in a growth projection generally described as follows: • Residential growth anticipated in southern Schertz to the west of FM 1518 and within a half mile east of FM 1518 at traditional subdivision densities, (assumed to range from three to five homes /acre), with the APZ zones south of Randolph AFB remaining with very low development densities compatible with flight operations. • Multifamily development focused more in the northern sector plan area located north of 1 -35, and an overall residential growth rate of approximately 3.5 percent per year for the near term. • Expansion of retail /commercial development focused along 1 -10 and 1 -35, generally. • Development of a rail- transit corridor station area in north - central Schertz, with associated transit oriented development. • Continued expansion of light industrial and warehousing industries north of 1 -35. Chapter 2. Transportation System Needs Projected Growth and Travel Need The population of Schertz grew at a quick rate of 4.2 percent, annually, between 2000 and 2010, but in more recent years has slowed to a rate closer to 1.7 percent per year since 2010, with an estimated 2016 population of close to 36,000 (U.S. Census). Periods of growth offer the opportunity to consider what is needed to support that growth, and the conversation on how the community wants to grow. The growth projections and results of the conversation form the core of the plan recommendation, and are supported by analysis of the network to support the plan recommendations. In order to assess the capacity of the transportation network and evaluate the potential to accommodate growth, the existing network was analyzed with a transportation model. For the analysis, existing and future land use plans were combined and a travel demand model was developed based on them, with different transportation scenarios tested. The results inform the recommendations on road classifications, number of lanes in a corridor, and needs for additional network connections. � a *1 rt�f •�►- During the development of the region's long -range transportation planning efforts led by the AAMPO, City of Schertz staff worked with AAMPO modeling staff to help incorporate Schertz land use plans, and approximate growth rates and patterns and refinements, into the regional travel demand model for development of regional plan consideration. AAMPO works with other regional partners to develop and Chapter 2. Transportation System Needs update its regional transportation model, which is used to compare regional policy alternatives. Use of the regional model by the MTP update allows for the team to "grow" the network and development outside of Schertz in order to consider the effects on the network within Schertz, while also considering how the city's growth will impact the network. Anticipated growth outside of the city area was also used as an input for the transportation model. For areas outside of the city, the team relied on approved projections from AAMPO. A collaborative meeting was held with senior staff from the Schertz Engineering, Public Works, and Planning Departments at the onset of the MTP development effort. This meeting was held to review whether the land uses incorporated into AAMPO's travel demand model for the Schertz area continued to be valid. Maps of residential and non - residential land uses and densities were produced from the provided AAMPO model and reviewed at this collaborative meeting. The participants at the meeting generally concurred that the land uses represented in the AAMPO 2035 travel demand model were a good representation of the current status of future land use planning within the City of Schertz, and modified them where they were considered significantly different. The AAMPO model was adapted for use in the examination of the transportation needs and the testing of the implications of potential transportation improvements in the Schertz area. Some adaptations were made to reflect recently adopted Sector Plans, outcome of the JLUS with Randolph AFB, and recently approved major developments, including: • The regional rail district, located in northern Schertz between FM 3009 and FM 2252 was considered to be mostly lower density in the AAMPO model. More recent plans codified in the 2013 Schertz Sector Plan indicate that the area will include Transit Oriented Development, with mixed land use realized by the 2040 forecast year. • Southern Schertz, the area south of Lower Seguin Road, was mostly undeveloped in the AAMPO model. The JLUS study recommends that densities west of FM 1518 should remain at lower densities compatible with the AFB operations. The model assumes retail commercial development along 1 -10 and subdivision development between that area and Lower Seguin Road by 2040. The currently approved development west of FM 1518 is assumed to be largely built out by 2025. • The AAMPO model assumes significant redevelopment of central Schertz by 2040. Upon discussion with city staff, and considering the limited ability for redevelopment under existing zoning, this was not assumed to be more limited in its extent for the 2040 model. .•- Chapter 2. Transportation System Needs The land use assumptions were subsequently presented and discussed with the CIAC as part of the land use assumptions. The CIAC then also agreed that the land uses and allocations of growth were approximately representative enough to use for modeling purposes. A map of land use intensity, representing approximate densities of population and employment, and how they are represented as growing between 2010 and 2040 is shown as Figures 8 and 9. 2 • t t r s• a► a r� • 070190083 WWI lowl Figure * 1} The travel demand forecasting process includes two levels of analysis. The regional demand forecast model is used to develop forecast travel demand results for weekday travel. This is a four -step model consisting of: • Trip generation: the number of person trips generated by given types and densities of land uses within each Traffic Area Zone (TAZ), • Trip distribution: how many of the person trips generated in each TAZ will travel to each of the other TAZs in the metropolitan area, • Mode Split: which mode of travel the person trips will use, including single occupant auto, transit where available, and in some cases non - motorized mode such as walking or bicycling, and • Trip assignment: determining the roadways that will be used for vehicular travel between TAZs. Chapter 2. Transportation System Needs This regional model incorporates land use and transportation assumptions for the Alamo Area region using algorithms for air quality conformity analysis. Figures 8 and 9 show the Schertz study area in the context of the traffic area zones of the larger regional travel demand network, featuring the coding of street network to reflect the general level of development density and network connectivity. Roadway improvements from the existing MTP and known projects or regional impact were modeled to reflect the corridors with congested conditions. The TAZs within the study area were taken from the regional model along with the land uses and amount of development assumed at the regional level for the future modeled year. The TAZs were then each analyzed in relation to the adopted comprehensive plan, sector plan, adjusted as noted above, and confirmed with the city and plan advisory group as approximately representative of future conditions for location of residential and commercial uses as well as approximate development intensity. The confirmed TAZs were then used to calculate vehicle trips which were then loaded on to the network of thoroughfares from the 2011 adopted MTP (Figure 10), as a basis of analysis. Chapter 2. Transportation System Needs 2040 Modeled Results To assist in the review of the 2040 Schertz travel demand forecast results, which showed number of total lanes, daily traffic volumes, as well as LOS information based on volume -to- capacity (V /C) ratios. Analyses results, as shown on Figure 11 is reflective of the areas anticipated to generally experience delay due to congestion, with subsequent recommendations to address the limitations. The 2040 Schertz results allowed for a look at the system deficiencies. They also allow an opportunity to assess alternative ways to address those deficiencies — informing recommendations on the network. The network showed significant congestion at the periphery of the city limits, at the edges of the local network, and where the network tied in to 1 -35 and FM 78. The areas internal to northern, central, and southern Schertz reflected lighter use, more local use, and less congestion. In general, areas with grid networks, or more connectivity options, are shown to function better. The results point to the importance of additional Figure 11. Schertz Network Modeled Result connections to the regional network, as well as additional capacity on select regional arterials, such as 1 -35, FM 78, and 1 -10. Also notable in the results is the adequacy of the transit - oriented- development area north of 1 -35, which was representing a much higher density of jobs and households than any other part of Schertz, but also a supporting, denser network of streets and a transit node. The results also point to the importance of the connections to and from the 1 -35 corridor as the area to the east of FM 3009 develops, and the general lack of east west connectivity alternatives to FM 78 — a condition impacted necessarily by the size and operation of the AFB, but also existing developments and Cibolo Creek to the west of Central Schertz. Lastly, the results point to the importance of a second connection to southern Schertz south of FM 78, so that local north -south trips are not required to also travel for a portion on east - west FM78, which eventually becomes very limiting. Chapter 2. Transportation System Needs Transportation Needs and Plea Recommendations The thoroughfare network is implemented in segments over time. It is envisioned that the majority of the network is provided through the development process, by developers at the time of subdivision using this document as a plan, dedicating ROW and using typical standards to construct roadways. Some roadways may be initially constructed with fewer lanes to meet near term needs, but the ultimate ROW is still preserved for the future need to expand the roadway for future growth. However, the plan effort is also an opportunity to examine near term needs that can be implemented to address current needs and needs anticipated in the near term. This section addresses priority projects that arose through the planning process or were already under way as the project began. As seen in the modeling analysis, while the currently committed projects listed above address some of the roadway needs, there are a number of current and short range needs for roadway, transit, bicycle and pedestrian modes of transportation that are yet unmet, as discussed earlier in this chapter. The following paragraphs discuss specific facility needs for each of the modes. Some of these improvement projects address the specific deficiencies noted in the modeling results described above. Short -range needs address currently identified capacity, safety and network gap issues and those anticipated to arise within the next 5 to 10 years. Many of these short -range needs were identified during meetings with the plan's advisory committees. The Advisory Committee identified the following current and pending needs: • Improve FM 1518 from FM 78 to 1 -10 from a two -lane undivided roadway to a four -lane divided roadway section, with landscaped median, a shared -use path on one or both sides, and sufficient turn bays at intersections with other arterials. • Improve access and mobility in central Schertz and FM 78 by proceeding with a Purpose and Need and preliminary design for a grade separated intersection of FM 78 and FM 3009, bridging the UP Railway corridor. • Partner with the City of Cibolo and TxDOT to support their efforts to improve and enhance FM 1103 as the arterial roadway of choice for traffic movements between 1 -35 and 1 -10. • Improve Elbel /Borgfeld Road, between Schertz Parkway and Gutierrez Park with a shared -use path to accommodate non -auto modes. Elbel Road would be a good connection to make due to the large numbers of students accessing and egressing Samuel Clemens High School at once. • Expand the network of shared -use paths throughout Schertz to provide increased opportunities for utilitarian as well as recreational riding. • Create bike lanes and other designated facilities forthe mobility of basic (average) bicyclists within the core of Schertz with low cost options like pavement striping and added bicycle signage, targeting specific road classifications like residential collector streets where there is surplus pavement, good connectivity to other off - street trails, and good connectivity to civic destinations such as schools and the Schertz library. • Roadway design standards call for minimum 5- foot -wide sidewalks on all roadways classified in the MTP, separated from travel lanes by three feet. A list of short -, medium -, and long -range needs and general timing of network implementation is included in Appendix B. Chapter 2. Transportation System Needs This page intentionally left blank. Chapter 2. Transportation System Needs Chapter 3. Thoroughfare System Plan The Master Thoroughfare Plan The recommended plan builds on the transportation principles established in the city's Comprehensive Plan and the goals and objectives of the first chapter of this MTP, the coordination with neighboring cities, TxDOT, AAMPO, and input obtained throughout the planning process. Key features of this MTP update of the city's Comprehensive Plan include: • Building on the prior roadway functional classification system — addition of collector classification subtypes, and rural sections to provide context sensitive elements • Modifying the conceptual alignments for unbuilt roadways — to establish a functional basis for corridor preservation for needed links • Network connections and continuity additions • Expanding the shared -use path (AKA hike - and -bike trail) and active recreation system to connect between existing and planned community assets, and provide for transportation alternatives Thoroughfare Network The MTP provides for the long term increased mobility and connectivity needs, and a reduced dependency on the automobile. The MTP recommendations are part of a continuity of plan efforts, and as needs change, the plan should be amended to reflect updated information for the preservation of long -term community needs. Transportation planning initiatives should be coordinated with other infrastructure investments and priorities within the community and with other agencies to leverage the financial resources and implementation. Figure 12 illustrates the recommended MTP network. Chapter 3. Thoroughfare System Plan Street Functional Classifications and Design Functional street classifications are the hierarchy of streets organized in to a network. Functional classifications not only create a framework of mobility and connection for regions and cities, but also provide for minimum design standards according to their intended function. The combination of design elements of the roadway and associated spaces result in certain ROW widths needed to accommodate them adequately. These ROW widths are then targets for corridor preservation through county, city, and state actions to enable the planned infrastructure and respond to growth when it occurs. The following section outlines the targeted details and function of each of the classifications: Freeways — The freeway network includes the interstate, U.S. and state highway roadways controlled by TxDOT. Limited access roadways are those that control access to the facility at designated locations, typically at other freeways and arterial streets. Principal Arterials — Principal arterial roadways carry traffic across major segments of the city, with a primary function of throughput, rather than access. Driveway access onto principal arterials is often limited by spacing requirements, and parking is prohibited. Some principal arterials are on the TxDOT system of roadways (typically FM roadways). Secondary Arterials — Arterial roadways also carry traffic across major segments of the city, with a primary function of throughput, rather than access. Driveway access onto minor arterials is not as constrained as on principal arterials, and parking is prohibited. Occasionally a TxDOT system roadway may meet the secondary arterial classification (FM 1518 north of FM 78). Collectors — The function of collector roadways is to connect between local roadways and the network of arterial streets, providing access to neighborhoods and businesses. Collector streets are differentiated from arterial streets by their length and degree of access to adjacent development. Collector streets are typically contiguous across one or more arterial roadways, but seldom more than 1 or 2 miles in length. Driveway access onto collector roadways is seldom limited in commercial areas and on- street parking is sometimes allowed. Collector roadway cross sections can range from two -lane streets to three -lane sections for commercial areas. Collector roadways are often good candidate streets for accommodating bicycles, either in shared lanes or separate bike lanes. Many configurations of use and lanes are possible for context sensitive solutions to the needs of the adjacent development, including one -way streets, bike lanes, parallel parking, or no parking on one or both sides near key developments such as a regional rail station. Local Streets — Local roadways will typically be two -way streets, one lane in each direction, with curbside parallel parking typically on both sides except for adjacent to intersections. This typical classification provides for minimal traffic flow accommodations. Chapter 3. Thoroughfare System Plan Freeways, Limited Access The freeway is typically uninterrupted with .....� . - ...................... grade separations at intersections and _ ------ "" -------- — ramped entries and exits to and from the Wt crossroads as on 1 -35. However, limited access t � � freeways may also be interrupted for signalized arterial roadway crossings. 6� 6 j Freeways typically operate at free flow speeds . over 55 mph and have two or more lanes in each travel direction. Freeways are typically 9TANDARD CONFIfSU.RA QQN barrier or median separated, or in the example of the managed lanes under design for 1 -35, can be grade separated from the rest of the corridor where ROW is constrained. The managed lanes element is intended to help maintain a free -flow speed, even during times of peak congestion on adjacent facilities. Freeways, especially controlled access, are typically paralleled by service roads that serve as the interface between the freeway and the adjacent community's arterial and collector street network. Principal Arterials The recommended ROW for principal arterials ranges from 120 to 130 feet. The ROW is intended to accommodate higher volumes and levels of mobility, providing substantial regional access and statewide travel. A ROW of 120 feet allows for four travel lanes and associated spaces. Where six travel lanes are needed, a typical section of 130 feet can be used. Urban principal arterial roadways provide the predominant passageways through the urbanized portions of the community and connect to the regional freeway network, typically providing for curb and gutter drainage. Intersections are provided at all arterial, collector and local roadways and as needed allowing for local land access directly to the facility. Intersections with arterial roadways are typically signalized and provisions made for one or more left turn lanes and occasionally right -turn lanes to facilitate the through movements along the arterial. Principal urban arterial roadways provide at least two travel lanes in each direction plus a center median area for separations of traffic. The median area may be used to provide channelized left -turn lanes, continuous left -turn lanes, and /or streetscape. Where traffic operational Chapter 3. Thoroughfare System Plan analyses support the need for greater throughput capacity, a six -lane section may be considered — as is the case for the ultimate build out of FM 1518 south of FM 78. Access management practices should be employed to minimize the impacts of property access (i.e., driveways) on the principal arterial facility. Sidewalks, five to ten feet in width, should be provided along either sides of the roadway, buffered from travel lanes. A divided median is key for this classification of roadway, and a median width minimum of 16 feet is included. A divided median of sufficient width allows area for dedicated left turn lanes at intersections and provides access management for fewer turning conflicts, and preservation of traffic flow. The median may be raised, or surfaced depending on the adjacent land use. Driveway access onto principal arterials should be limited by access management and spacing requirements, and parking along arterial roadways is generally prohibited. The illustrations below show typical sections for four and six travel lanes with surfaced medians. • High degree of regional mobility, higher traffic volumes, and operational speeds • Access is carefully managed • Curb and gutter section with underground stormwater utilities and drainage Examples include Roy Richard Drive (FM 3009), FM 78, FM 1103, and FM 1518 south of FM 78. ";M" *x a�`, x h IT PARKWAY 7211 Figure 14. Four -Lane Principal Arterial Section r Figure 15. Six -Lane Principal Arterial Section Chapter 3. Thoroughfare System Plan Secondary Arterial The ROW for a secondary arterial in Schertz is 90 feet wide. The arterial is intended to accommodate medium volumes and local mobility, and provide for connections to neighboring communities. Secondary arterial roadways are intended for local trips, so design speeds should also be notably lower than principal arterials. A ROW of 90 feet allows for four travel lanes and space to buffer different travel modes. A divided median is also important for this classification of roadway, allowing some area for reduced width left -turn lanes at minor intersections and provides access management for fewer turning conflicts. Additional ROW may be preferred at major intersections. Driveway access to secondary arterials should also be guided by access management and spacing requirements. Parking along secondary arterial roadways is generally prohibited, unless parallel parking bays are provided in addition to travel lanes, which may be desirable in a potential mixed -use transit oriented district north of 1 -35. Bicycle accommodation is intended to be provided on a shared -use path (or hike - and -bike path), buffered from the roadway. • Cross -town mobility • Accommodates medium traffic volumes and operational speeds • Managed access • Four -lane divided • Curb and gutter drainage Examples include Lower Seguin Road east of FM 1518, Wiederstein /Old Wiederstein Road, and the east - west portion of Trainer Hale Road. one, [ ViE �� i 9�J' � 0 9� Figure 16. Secondary Arterial Section — Wiederstein Road Chapter 3. Thoroughfare System Plan Secondary Rural Arterial Rural Secondary Arterial roadways carry traffic across significant segments of the city, connect principal arterials to collectors, and accommodate moderate volumes at higher speeds. This section is intended for use where adjacent, planned land uses are lower intensity, and access points fewer than the urban section would provide. The recommended ROW for Secondary Rural Arterials is 90 feet and is intended to include a three -lane section, with two travel lanes and a surfaced median. Travel lanes should be 12 feet wide with 6- to 8- foot -wide shoulders to accommodate emergency parking, extended site lines, and bicycles. Wide areas at the edge of paved shoulders provide for stormwater drainage and buffer from the roadway from adjacent property. Where sidewalks are provided, they should be between the drainage channel and the edge of the ROW. Driveways should still be guided by access management principles. A two -way left - turn lane in the center of the section provides buffer distance from oncoming traffic and left -turn opportunities without obstructing the through- movement. An adjacent 20- foot -wide trail easement allows for accommodating pedestrians and bicycles on a shared -use path (or hike - and -bike path) sufficiently buffered from the travel way and opportunities for tree growth. • Cross -town mobility • Accommodates medium traffic volumes and higher operational speeds • Access is managed • Two -lane divided • Open section drainage Examples include Lower Seguin Road west of Hollering Vine and adjacent to Randolph AFB, and Ware Seguin Road west of FM 1518. Chapter 3. Thoroughfare System Plan Collector roadways serve to provide access to higher functional class facilities, access to residential areas, and provide access and circulation to commercial areas. They are designed for short trips, lower speeds, and connections between residential and commercial areas. They are differentiated from arterial streets by their length and degree of access to adjacent development where driveway access is seldom limited. The recommended ROW for Collector roadways is 70 feet wide. The pavement width of 40 feet is wide enough to provide different layouts of lane striping to accommodate adjacent uses — whether it is on street parking, or bike lanes, or a center -turn lane, the width is intended to be flexible over time as needs change. Three typical sections are provided: one residential section with on street bike lanes, one commercial section with a middle turn lane for frequent driveways and turn - movements, and one commercial section with on street parking. • Collection and distribution of traffic • Speeds and volumes dependent on adjacent land uses and neighborhoods served • Access to development and neighborhoods • Connectivity to arterial and residential collector streets Typical Residential Collector — 70 -foot ROW: 7 -foot buffered bike lanes accommodate bicycles of all comfort levels. Examples include Ray Corbett Drive, Live Oak Road, Wiederstein Road west of FM 3009, Country Club Boulevard, Eckhardt Road, and segments of Ware Seguin Road. Figure 18. Residential Collector— Example: Savanah Drive Chapter 3. Thoroughfare System Plan Typical Commercial Collectors — 70 -foot ROW — applicable in Southern Schertz near 1 -10 and northern Schertz near 1 -35. The 12- foot -wide outside lanes can accommodate more experienced bicycles. A shared - used path on one side accommodates less experienced bicycles. Figure 19. Commercial Collector - Example: Four Oaks Lane Local Residential and Commercial/industrial Streets The primary function of local streets is to provide access to and from properties. Local streets feed to and from the collector street network, but occasionally may tie directly to arterial streets. The urban local residential street is described in the Schertz Unified Development Code as a 30 -foot pavement width, with curb - and - gutter drainage and minimum 5- foot -wide sidewalks on each side of the street, buffered from the curb. Local residential streets have a 50- foot -wide ROW. Local commercial /industrial streets are described as 42 feet of pavement, with curb and gutter drainage, 5 -foot sidewalks, and a 60- foot -wide ROW. Local streets are not illustrated on the MTP map, but are encouraged to be developed to increase connectivity, lessen block lengths, and encourage active and non -auto modes of travel for people on foot, pedestrians in wheelchairs, and people on bike. Chapter 3. Thoroughfare System Plan ;, �,?;4 m. LAkE Y 2` BLDG Y= R47NTA E 9 PARKWG 9'PARKYVG ZONE,__ ........... 701 R O FY":.. Figure 20. Commercial Collector (TOD) - Example: New Streets in TOD area Local Residential and Commercial/industrial Streets The primary function of local streets is to provide access to and from properties. Local streets feed to and from the collector street network, but occasionally may tie directly to arterial streets. The urban local residential street is described in the Schertz Unified Development Code as a 30 -foot pavement width, with curb - and - gutter drainage and minimum 5- foot -wide sidewalks on each side of the street, buffered from the curb. Local residential streets have a 50- foot -wide ROW. Local commercial /industrial streets are described as 42 feet of pavement, with curb and gutter drainage, 5 -foot sidewalks, and a 60- foot -wide ROW. Local streets are not illustrated on the MTP map, but are encouraged to be developed to increase connectivity, lessen block lengths, and encourage active and non -auto modes of travel for people on foot, pedestrians in wheelchairs, and people on bike. Chapter 3. Thoroughfare System Plan Traffic move- ment; long distance travel 1 -5 Provided by on /off ramping schematics to continuous frontage roads distribute traffic Restricted — Moderate some distance inter- movements community, may be intra -metro area, , —y prohibited; traffic move- number and ment; serves spacing of long trip lengths driveways hood traffic %2-1 %Z(Z) controlled May be Mobility function limited to is primary; access major function is generators; secondary; number and serves moderate spacing of trip lengths driveways controlled Primary — collect/ distribute traffic between local streets and Safety arterial system; controls; serves short trip , —y limited lengths; provides regulation land access and inter- neighbor- hood traffic movement 1 mile 30,000 to 55 -70 125,000 1/4 mile ( 20,000 to 140 -55 46,000 1J8 mile 7,000 to 34,000 30 -45 Supplements capacity of arterial street system and provides high speed mobility Provides higher mobility and speeds; None "backbone" of the street system Provides route and spacing continuity with major arterials 300 feet 18, 000 0 to 30 -40 Limited 18, Through traffic should be discouraged Land access 2 lot Safety control 125 -200 lengths I only I feet Chapter 3. Thoroughfare System Plan 200 to 120 -30 I Permitted 1,500 Design clines and Special Considerations There are established standards for design that are utilized by communities across the United States that have been established based on research and local experience. These are the anticipated guidelines for implementation of the transportation system plan: For Roadways: • American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets, latest edition • Transportation Research Board (TRB) Highway Capacity Manual, latest edition • Texas Manual on Uniform Traffic Control Devices, latest edition • City of Schertz Unified Development Code For Bikeways: • AASHTO Guide for the Design of Bicycle Facilities • National Association of City Transportation Officials Urban Bikeway Design Guide For Sidewalks and Paths: • AASHTO Guide for the Planning, Design and Operation of Pedestrian Facilities For Transit Facilities: • TRB Transit Capacity and Quality of Service Manual In addition to these established design standards, there are additional guidelines for design applications to best suit the current and anticipated conditions along the street corridor. Complete Streets One of the planning concepts Schertz should consider to incorporate in future roadway design on key corridors is a complete streets initiative. The focus of a complete streets initiative is to consider all modes during the planning, design, construction, operation, and maintenance of the city's street network. Effective complete streets policies help communities routinely create safe and inviting road networks for everyone, including bicyclists, drivers, transit users, and pedestrians of all ages and abilities. Instituting a complete streets policy ensures that transportation planners and engineers consistently design and operate the entire roadway with all users in mind. For the complete streets policy to be effective, a program of supporting policies and procedures need to be put in place in the city which could include a program of land use planning guidelines, project development checklists, established responsibilities for addressing modal issues, and more specific design and operating standards for implementation and maintenance. All of the roadways in Schertz have the potential to be complete streets. Context Sensitive Solutions Though a roadway corridor on the MTP may be of a particular functional class designation, whether it is a principal arterial, secondary arterial, or collector, its typical section may transition along its corridor depending upon the traffic volumes and relation to the adjacent land uses. In many cases, an arterial roadway may pass through rural into urban and sequentially commercial into residential settings and back again within a segment of the corridor. The typical sections to be considered for these roadways should Chapter 3. Thoroughfare System Plan be sufficiently adaptable to the context of its current surroundings and potential development. Similarly, the development of land adjacent to arterial roadways should be sensitive to the mobility function of the corridor. Thus, for each of the roadway classifications in the MTP, multiple typical sections are proposed for potential application to the corridor context, with multiple possible combinations. Corridor and Access Management Access management refers to the practice of coordinating access points to a roadway by considering specific design criteria for the location, spacing, design and operation of driveways, median openings, and intersections. The goal of access management is to safely balance access to land development while maintaining efficiency of the transportation system. This is accomplished through influencing, and in some cases controlling, the location, spacing, design, and operation of driveways, median openings, and street connections to a roadway. In general, arterial streets in Schertz show positive access management, with limited driveways access points and spacing between them, and residential developments accessed through collector roadways intersecting the arterials at signal controlled intersections. The city deserves credit for the implementation of many of these practices, and should continue, to the benefit of the community. The options below are intended to expand the considerations available, and may be applied to some arterials over time, that have duplicative and /or wider driveways that decrease system efficiency. In general, as the access to facilities along the roadway is increased, mobility of a roadway is decreased. Access management influences this process, slowing its progress and in some cases reversing it with tangible results in order to maintain efficiency of the road and improve traffic safety. The following guidelines include specific details the city can continue to influence to do so. Chapter 3. Thoroughfare System Plan Driveway Spacing Driveway spacing guidelines limit the number of driveways along a roadway by establishing a minimum distance between driveways and non - signalized intersections (Figure 21). Spacing requirements help reduce the probability of crashes as vehicles enter and exit the roadway. The distance between two access points is measured between the closest edge of pavement of the first access and the closest edge of Is ------------ i 1 J IIs L_J OSI F Spacing (feet)--Between:---- Design it 4 r ti rr 64iw Speed Wersections S- i0 350 150 S + Soo 500 &tvw ` { pavement of the second access. A balance is found between allowing enough access to serve the adjacent land use, but not too much access so that it degrades the road performance. Distances can be modified depending on the intent of the roadway use, for example higher speed roads and anticipated truck traffic, to provide more time for shifting. *r . _� -i r Raised medians limit cross - street movements and improve traffic flow. They have been proven in studies sponsored by the Federal Highway Administration (FHWA) to reduce crashes by over 40 percent in urban areas and over 60 percent in rural areas. Medians also serve as a safe refuge for pedestrians and bicyclists crossing the street, especially compared to two -way left -turn lanes. The placement of the median opening depends on the type of thoroughfare system. Priority should be given to thoroughfares providing mobility and access throughout the entire community. Openings should only be provided for street intersections or major developed areas. Spacing between median openings must accommodate left -turn lanes with proper deceleration and storage lengths. Median treatments can take on many different forms, including full median openings and channelized openings. Chapter 3. Thoroughfare System Plan Driveway Consolidation Research sponsored by FHWA shows that the density and design of P"gw 1 driveways have a direct impact on Ty roadway safety — the more access a -Ming connections, the more accidents. The Area purpose of driveway consolidation and ,rr spacing is to limit the number of E conflict points while ensuring 3 w m Pr Line convenient and safe access to businesses. Driveway consolidation involves the removal of existing access connections, or driveways, for the primary purpose of improving safety. Figure 22. Example, Shared Access Easement This technique will impact multiple stakeholders, typically requiring cooperative agreements between each property owner and governing agency attempting to consolidate the driveways and in some cases share a driveway, for example, through a shared access easement. Each driveway presents a potential conflict point, thus, a safer redesign would use an internal circulation system to funnel roadway traffic through one major access point. Driveway realignment involves the relocation of driveways so they mirror or offset one another to minimize potential conflicts. • t 7204TIMMMITIMIT, Chapter 3. Thoroughfare System Plan • Deceleration and acceleration lanes at major driveways can provide refuge for turning vehicles while maintaining travel speeds for traffic though lanes. Auxiliary turn lanes at intersections allow turning traffic to get out of the way of through traffic and wait to turn using gaps in opposing traffic. These treatments increase the capacity and average travel speed of the roadway, while enhancing driver safety. Pedestrian Sidewalks /Sidepaths and Crossings Pedestrians are a critical user group of intra -city travel, especially in urban and mixed -use centers. Well- designed pedestrian environments not only encourage walking, they separate pedestrians from vehicular traffic to increase the safety and enjoyment of this experience. Well- designed, safe, convenient, and attractive pedestrian environments will increase the viability of walking as an alternative transportation mode. Intersections are the most dangerous pedestrian environments. The location and design of crosswalks, median rests, curb ramps, and pedestrian signals help to improve the safety and accessibility of pedestrian crossings. Landscaping provides functional and aesthetic benefits to the streetscape through the use of scale, shade, and color. Improvements may include shade trees, hanging flower baskets, flower boxes, decorative signage, and entry features. Planting amenities can require higher maintenance costs than hardscape and street furniture, but they offer natural beauty and a much grander scale. Landscaping is also used as a traffic calming device to reduce the speed of automobiles. When street trees are placed along the sidewalk edge or in the median, their presence creates the appearance of reduced area of the roadway available to vehicles. This influence has a traffic calming effect. Bikeway amenities alert motor vehicles and pedestrians of bicycle traffic, while also guiding cyclists to their proper location on the roadway. Bicyclists also benefit from the other access management treatments that reduce conflict points and create order and calming effects to traffic flow. •� 9L# The ability for the roadway network to operate effectively relies on the ability of intersections to efficiently process traffic. Operational conditions typically break down when insufficient turn lane capacity is available to remove turn movements from the traffic stream. To ensure the ability to provide channelized turn movements, such as a second left -turn or right -turn lane, an additional 22 feet of ROW should be provided at key major and secondary arterial intersections. To determine the exact dimensional requirements of specific intersections, a traffic analysis should be conducted at the time of facility implementation or coordination /approval with the City Engineer. As currently defined, divided roadways have the ability to accommodate a separate left -turn lane. By adding approximately 20 feet of width, a second left -turn and separate right -turn bay can be added as needed to an intersection. Travel lanes of 11 feet typically provide sufficient roadway width for turn movements. Critical mobility intersections generally fall where major and minor arterial facilities meet. At these intersections, the city should require additional ROW via the subdivision and platting process (where possible) as informed by an operational traffic impact analysis, to allow for additional turn lanes that may be needed in the future. In high intensity development areas, a traffic analysis should be conducted to determine the appropriate intersection requirements. Figure 24 illustrates intersection ROW requirements at critical locations, if not planned for other improvements that have more specific ROW needs detailed. Chapter 3. Thoroughfare System Plan 150 fit. with a 200 ft, 151 i Taper 4` Pkwy 24' Pkwy kwy Administration In the administration and enforcement of the plan, special cases and unique situations will occasionally arise where existing physical conditions and development constraints in certain areas conflict with the need for widening of designated thoroughfares to the planned ROW width and roadway cross section. Such special circumstances require a degree of flexibility and adaptability in the administration and implementation of the plan. Acceptable minimum design criteria and special roadway cross - sections may have to be applied in constrained areas where existing conditions limit the ability to meet desirable guidelines. Where new development occurs, cross sections should be according to the MTP and Unified Development Code. For redevelopment in areas with existing, constrained ROW, a unique roadway design determination may be necessary and is subject to the approval of the City Engineer /Staff and /or the Planning and Zoning Commission. The standard roadway cross - sections should be used in newly developing areas and whenever possible, in existing developed areas subject to the prevailing ROW for the existing thoroughfare. Chapter 3. Thoroughfare System Plan Conclusion This MTP provides a framework for a transportation system to offer choices in how residents travel, and includes recommendations for corridor alignments to preserve mobility and connectivity as the community grows. This plan also serves as a blueprint for transportation investment decisions and includes opportunities to address current needs and those anticipated in the near term. The thoroughfare network is implemented in segments over time. It is envisioned that the majority of the network laid out in this document will be provided through the development process at the time of subdivision, using this document as a guide. But the network will still need to be managed, guided and operated through shared responsibilities and partnerships between the city, counties, neighboring cities, and regional agencies such as AAMPO, VIA, and TxDOT. This plan will be incorporated in to the regional MTP maintained by AAMPO, and should be considered part of the continuous, comprehensive, and cooperative planning process nested in the context of the larger efforts. This plan allows for key improvements, including additional turn lanes at major intersections, an extension of FM 3009, and support for improvements to FM 1103 and the intersection of FM 1518 and FM 78. These are critical points in the transportation network for the city and will support the region as it grows. Using public resources in an efficient and effective manner includes anticipating growth and making reasonable allowances for its coordination. The city will continue to grow its network of roads and corridors as the city does, and balance expansion with maintenance and operation of the existing system in order to preserve the ability to reach desired goods, services, and activities. Select expansions to the network will increasingly provide connections and opportunities to drive, but also to walk and bike, thus reducing the future fiscal burden on residents to provide city services in areas with certain levels of activity and infrastructure. But care needs to be taken in the implementation to preserve the community character and seek balance between the need to accommodate growth, yet retain what is distinctive and best suits the Schertz community. Chapter 3. Thoroughfare System Plan This page intentionally left blank. Chapter 3. Thoroughfare System Plan Appendices Appendix A — Advisory Group and Open House Presentations Material (Attached) Appendix B — Implementation Timelines Anticipated timeframes for system improvements are outlined below. These include arterial roadways, primarily where the majority of collectors are anticipated to be delivered through development. Collectors that are listed are done so with the anticipation that the city may need to step in to make small connections not provided through general development. New Construction Project Limits Functional Class Time Frame North -South Connector FM 3009 to North -South Connector Collector 1 -5 years (near FM 2252) 1 -35 to Old Wiederstein Road Secondary Arterial 5 -10 Years North and South Existing terminus to City Limits Collector 10 -15 Years Connector (S. Schertz) Schaefer Road to Trainer Hale Road Principal Arterial 10 -15 Years North and South Maske Road to Schertz Parkway Collector 15+ Years Connector (S. Schertz) FM 78 to Schaefer Road Principal Arterial 15+ Years East -West Connector 1 -35 to City Limits Principal Arterial 15+ Years (near Old Nacogdoches Hubertus Road to Schwab Road Secondary Arterial 15+ Years Road) Extended Principal Arterial 15+ years New Street (near Pfeil Road) Pfeil Road to Binz Engleman Collector 15+ Years North -South Connector to Cibolo Creek RAF - Burnette (City Limits) Secondary Arterial 15+ Years Roadway Extension Project Limits Functional Class Time Frame Four Oaks Lane FM 3009 to North -South Connector Collector 1 -5 years Tri- County Parkway FM 3009 to FM 2252 Secondary Arterial 10 -15 Years Country Club Boulevard Existing terminus to City Limits Collector 10 -15 Years Old Wiederstein Road FM 3009 to North -South Connector Secondary Arterial 10 -15 Years Live Oak Road Maske Road to Schertz Parkway Collector 15+ Years Binz - Engleman Road Loop 1604 (San Antonio) to Ware Seguin Road Rural Secondary Arterial 15+ Years Schwab Road 1 -35 to City Limits Principal Arterial 15+ Years Trainer -Hale Road North -South Connector to Cibolo Creek (Cibolo) Secondary Arterial 15+ Years Appendices Lane Additions /Expansions Project Limits Functional Class Time Frame 1 -35 Managed Lanes San Antonio to FM 1103 Highway /Freeway 1 -5 Years FM 1518 FM 78 to 1 -10 (may include bridge over FM 78) Principal Arterial 1 -5 Years FM 1103 1 -35 to City Limits Principal Arterial 5 -10 Years Connector Road 1 -35 and Old Wiederstein Road Secondary Arterial 5 -10 Years Old Wiederstein Road North -South Connector to FM 1103 Secondary Arterial 10 -15 Years Lower Seguin Road FM 1518 to Cibolo Creek Secondary Arterial 10 -15 Years Lower Seguin Road Loop 1604 (San Antonio) to FM 1518 Rural Secondary Arterial 10 -15 Years Schaefer Road FM 1518 to North South Connector Secondary Arterial 10 -15 Years Graytown Road San Antonio City Limits to 1 -10 Rural Secondary Arterial 10 -15 Years Schwab Road 1 -35 to New Street (South of 1 -35) Secondary Arterial 10 -15 Years Scenic Lake Drive 1 -10 to Graytown Road Collector 15+ Years Trainer Hale Road FM 1518 to Trainer Hale Road /North -South Connector Secondary Arterial 15+ Years FM 1518 Maske Road to FM 78 Secondary Arterial 15+ Years Green Valley Road Eckhardt Road to Schertz ETJ limit Secondary Arterial 15+ Years Engel Road East -West connector to New Street, New I Braunfels ETJ I Secondary Arterial 15+ Years OR • Appendix C — Crash Data Exhibit Detail SCHEIRTZ COMMVWTY- UAW W" w oppoffrom" 2011 chertz Freeway C city Principal Arterial 120'ROW Typical ETJ Minor Arleriat 86' ROW Typical Collectors 66` ROW Typical Other Roads -- — — ------------------ kr Appendix D — Alternatives Considered A critical task for update of the MTP was assessment of existing arterial alignments and consideration additional and alternate alignments for planned roads. Connection to adjacent communities updated, adopted MTPs formed an initial screen, with connections between Cibolo, Universal City, Selma, New Braunfels, and San Antonio updated. Additional consideration was given to the Binz - Engleman corridor connection with San Antonio, with several alternatives developed in sketch level, and a meeting was held with San Antonio staff to determine which alignment was least impactful to environmental features, existing development, and would serve the transportation corridor connection objective. This alternative was forwarded on to the plan's Advisory Group for the draft MTP that was presented to the public in the open house. Alternatives considered are included as Figure 25. Figure 25. Binz-Engleman to San Antonio Connection Alternatives considered 0 Consideration was given for the planned connection of Schertz Parkway north to Batcave Road, a residential collector roadway, in the City of Garden Ridge. Analysis showed that the connection, while beneficial from a functional spacing and connectivity perspective, was not supported by a connection in plans by Garden Ridge, which would make connection difficult if not prohibited. Also, two additional at -grade crossings would be needed. It was determined that the connection was not critical for vehicular access, as Doerr Lane is one half of a mile to the east, and existing grade- separated crossings of the railroad lines located on FM 3009 just east of Doerr Lane. Figure 26 shows the alignment considered for removal. Appendices Figure 26. Schertz Parkway, North connection consideration Given the clear -zone requirements of Randolph AFB, and the conclusions of the JLUS study, additional consideration for an alternative alignment for Lower Seguin Road was considered to realign the roadway parallel to the existing alignment, approximately 1,500 feet to the south, so as to avoid the critical clear zone of the runways. However, it was determined that the cost of such a realignment would be too costly to support acquisition of new alignment for reconstruction of the existing thoroughfare with this update. A new connection from Central Schertz to Universal City was also considered, in the location of Masee Road, approximately. The location was determined to be in the jurisdictions between Universal City and Selma, and therefore out of the scope of this plan. However, for discussion purposes, where a connection across Cibolo Creek between 135 and FM 78 would be useful for local and non -auto trips, it was determined that neither Selma nor Universal City have active plans to make such a connection. Further, the land use pattern on the west side of the creek, in Universal City, is predominantly existing single - family residential neighborhoods, which could be significantly disrupted by a new arterial connection. This update also allowed for the reconsideration of the adopted alignment of the planned, new arterial connection between FM 78 and 1 -10. This continues a long- standing conversation regarding the connection, which has been planned for since prior to the 2002 Comprehensive Land Plan. Prior to that, connection was shown on plans by the City of San Antonio. The primary purpose of the connection in the plan update remains to preserve a feasible alignment from development, so that a connection can be made when needed. This update considered both the future need of the connection, public input, and alignment. Figure 9 Route preliminary, r Figure 27. Excerpt, 2002 Master Thoroughfare Plan, connection Illustrating the concept for extension of FM 3009. Appendices mss, .... ..... ...... Thoroughfare Master Plan , Comprehensive Land Plan Oky of Schef ti, Toms Figure 27. Excerpt, 2002 Master Thoroughfare Plan, connection Illustrating the concept for extension of FM 3009. Appendices Traffic stopped for train — intersection of FM 3009 and FM 78. Illustrates the confluence of transportation modes needed to maintain mobility and connectivity in central Schertz despite increasing travel demand and rail disruption. 05 Z7 Figure 30 Arterial Spacinf Source FM 3009 E Study, 20=, -igure 31. Alternative Alignment connection to i-ivi juu!3. Illustrative composite modified from FM 3009 E Study, 2007. Appendices Appendix E - Traffic Volumes and Travel Demand Model Results Appendices U••• • Schertz Planning and Zoning Commission May 24,2017 To enable coordination outside agencies . • private interests with respect to roadway improvements (We need to be sure our future roads line up with our neighbors' future To reduce travel and transportation costs (Proper planning and construction minimizes traffic congestion.) Schertz Master Thoroughfare r: Background Last complete of • • ` Plan • `i. `• planning in 2002 as part of the City's Comprehensive Plan Sector Plan completed in 2011-2013 identified need for Thoroughfare Plan update Note- 2013 modeling, forecast classification management evaluation, CIP development, or other pieces of a full Thoroughfare Planning process 3 vill \ JM\M }U ITY )5 }R C \E \U }PUS " 4• • • Identify issues and develop lice , character • Coordinate i r agencies • Analyze Existing r System (mapping, traffic counts, planning developments) • Future Land Use Growth Scenarios forecasting) projections, travel Development of Thoroughfare Plan Plan Strategies and CIP Programming 5 III I * Identification of deficiencies and needs * Identification of improvements for short and long term implementation * Non motorized mobility planning Evaluation of functional classifications Evaluation of access management program 7 -M ZhW .1 g— —,Md alC 'd " . a -,, , 1-1 A, [IMMUNITY* SERVICE * OPF M N I 0A, ��Jp 6� � �A flW A I W B COMMUNITY SERVICE SCHHEIRTZ I PP RTUN 9 • High degree of regional; mobility, higher traffic volumes a • Access is carefully managed] • Curb and gutter section with underground stormwater ut • Examples', include Roy Richard Drive (FM 3009), FM 78, F(' ilities and drainage' 11103, and FM 1518 south of Fl Figure 1. Four- Lane Principal Arterial Section c Figure 13. Six -Lane Principal Arterial Section 13NE • Cross Town mobility • Accommodates medium traffic volumes and operational speeds; • Managed Access • Four -lane divided • Curb and gutter drainage • Examples include Lower Seguin Road east of FM 1518, Wiederstein/Old Wiederstein Road, and the east -west portion of Trainer Hale Road. Figure 14, Seconcla ryArt rial Section Wiederstein Road IJNU •- Cross-town mobility • Accommodates medium traffic volumes and higher operati •> Access is managed •> Two-lane divided •; Open section drainage; 3LLETU • Collection and distribution = oftraffic • Speeds and volumes dependent on adjacent land uses and neig • Access to development and neighborhoods • Connectivityo arterial and residential collector streets- ypical Residential Collector — 70-foot ROW: 7 -foot buffered bike lanes accommodate bicycles of all :)mfort levels. Examples include Ray Corbett drive, Live Oak Road, Wiederstein Road west of FM 3009, ountry Club Boulevard, Eckhardt Road, and segments of Ware Seguin Road. Figure 16. Residential Collector'' - Example: Sav'anah Drive 0 • Collection and distribution of traffic DILLFUTU Typical Commercial Collectors — 70 foot FLOW ;applicable in Southern Schertz near 110 and northern; Schertz near 135. The 12-foot-wide outside lanes can accommodate more experienced bicycles. A shared- used path on one side accommodates less; experienced bicycles._ Figure 17. Commercial Collector Example: Four Oaks Lane Figure 18. Commercial Collector (TOD) Example: New Streets in TOD area DADWAY CLASSIFICATIC PROPC COMMUNITY SCHHERTZ I TAI 16 K d IAR no SCHHEIRT7 I COMMUNITY OPPORTUNITY SERVICE OPPORTUNITY SOUTHERN SCHERTZ COMMUNITY 1-8 SERVICE SCHHEIRTZ I 0 IJMMUNITY* SERVICE * OPPOF Q and Discussion m Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: June 27, 2017 Department: Planning & Community Development Subject: Ordinance No. 17 -S -20 — Public hearing, consideration and possible action to amend the Schertz Comprehensive Land Plan by changing certain land area designations on the Future Land Use Plan in northern Schertz (First Reading) The City is proposing to amend the Future Land Use Plan (FLUP) for two areas in northern Schertz identified in the attached ordinance. The intent of this amendment is to change the FLUP to reflect the existing development and provide for more appropriate and compatible future development. This proposed amendment to the FLUP will not change or alter any existing regulations or zoning districts. The City of Schertz's Comprehensive Land Plan (CLP) is a policy document that serves as a guide for decisions relating to the physical, social, and economic growth of the City. The CLP includes goals, policies, and identifies issues in the following development related categories: Land Use, Transportation, Public Facilities, Parks and Recreation, Community Enhancement, and Growth Capacity. The CLP consists of multiple parts including the Future Land Use Plan, The Parks and Recreation Master Plan, the Sector Plan amendment, and the Master Thoroughfare Plan. From time to time Planning Staff reevaluates the CLP and recommends updates and amendments to City Council. The proposed amendment is specifically to amend the FLUP for two areas in northern Schertz. The first area proposed for amendment is generally located along Old Wiederstein Road from Wiederstein Road extending east to just past FM 1.1.03, and is predominately single family residential homes and commercial business along FM 1103. The second area proposed for amendment is generally located along IH -35 beginning approximately 700 feet east of Schwab Road continuing east to the Schertz ETJ limit, and is mostly commercial businesses and undeveloped property. A public hearing notice was published in the San. Antonio Express News on May 31, 2017. . A total of 1,400 public hearing notices were mailed out to property owners in the subject areas and to the City Council Memorandum Page 2 surrounding property owners within two hundred (200) feet of the subject areas on May 12, 2017 prior to the May 24, 2017 . Planning & Zoning Commission meeting. During the May 24, 2017 . Planning & Zoning Commission meeting a public hearing was held where, 9 people spoke with 2 in favor of the amendment and 4 people opposed to the amendment. A summary of the comments is provided below: Justin Hutz — 712 Morningside • Commented that he is a real estate agent representative for a land owner. • In favor of the amendment. • Requested that staff review the other side of IH35 close to 482 and Schwab Rd. Trey Jacobson- 300 Convent • Commented that he is a real estate consultant for Mr. Don Buttrum, land owner at I -35 and Eckhardt Rd. • In favor of the amendment. Andy Bloom- 201 West Silversands • Requested a copy of the map exhibit with the streets labeled. Tim Fey- 6028 FM 482 • Commented that his farm has been in his family for over 150 years and is concerned with the elimination of agricultural land and areas that can be used for the needs of future generations to enjoy the outdoors. • Commented that land would be better for the future if it could be accessed close to the city and the city should not be all homes and rock quarries. • Not in favor of the amendment. Mark Friesenhahn- Friesenhahn Lane and FM 482 • Commented that his farm has been in his family since 1857 and concerned about the city losing its agricultural heritage. • Not in favor of the amendment. Chris Hoffmann- 11601 Schaefer Rd • Commented that she wants preservation of rural and agriculture areas. • Not in favor of the amendment. Rosemary Hendrix- 3017 Turquoise • Expressed concerns with South Schertz regarding lift station, drainage, sewer, need to consider homeowners concerns, and to slow down growth in the area. • Not in favor of the amendment. Ronald Shot - 1300 Engel Rd • Expressed concerns regarding FEMA floodplains along Engel Rd, and would like FEMA to reevaluate and extend the floodplain. Robert Pettisky- 1117 Twin Ln • Commented that he wants preservation of rural and agriculture areas. Goal The goal of this amendment is to update the FLUP to reflect the existing development and provide for more appropriate and compatible future development. City Council Memorandum Page 3 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 The City is proposing to amend the FLUP for two areas in northern . Schertz identified in the attached ordinance. The intent of this amendment is to change the FLUP to reflect the existing development and provide for more appropriate and compatible future development. This proposed amendment to the FLUP will not change or alter any existing regulations or zoning districts. The first area proposed for amendment is generally located along Old Wiederstein Road from Wiederstein Road extending east to just past FM. 1103. This area is currently identified on the FLUP as "Industrial ", "Industry, Technology and R and D ", and "Parks, Open Space ". The existing development in this area is predominately single family residential and includes the Belmont Park, Riata, and Fairway Ridge subdivisions as well as some large lot single family homes on Old Wiederstein and commercial businesses located along FM 1103. Due to the existing development, it is the opinion of Staff that the "Industrial" and "Industry, Technology and R and D" land designations are no longer feasible or appropriate. Staff is proposing to change the FLUP designation for this area to "Single Family Residential" in order to have the plan accurately reflect the existing development and provide for more compatible and appropriate future development along Old Wiederstein. The "Single Family Residential" designation is defined as: Single Family Residential - Conventional detached dwellings. For areas proposed to utilize a traditional neighborhood design the Single Family Residential use may include a mix of residential uses as well as limited commercial development to support the daily activities of the development. In all Single Family Residential use areas, public and semi-public development such as schools and churches are encouraged as neighborhood focal points. In addition to allowing for traditional neighborhood single family development, this land use designation provides for limited commercial development in appropriate areas. For example, this designation supports existing and future commercial development and land uses along FM 1103 and provides for possible future commercial development in appropriate areas along Old Wiederstein Road and Wiederstein Road. The second area proposed for amendment in northern Schertz proposed to be amended is located along IH -35 beginning approximately 700 feet east of Schwab Road continuing east to the Schertz ETJ limit. This area is currently identified on the FLUP as "Agricultural. Conservation ". Planning Staff is proposing to change the FLUP designation for this area to "Commercial Campus" to allow for typical interstate development along the IH -35 corridor and to further the goals and objectives of the Comprehensive Land Plan. The "Commercial Campus" designation is defined as: Commercial Campus- The Commercial Campus land use/ character area is intended to encourage the development of lower intensity commercial and office uses in locations between major intersections as a buffer between the Interstate Highway and adjoining neighborhoods. Given the sign cant linear frontage along IH -35 in North Schertz, there are several opportunities to accommodate low impact campus development that takes City Council Memorandum Page 4 advantage of the highway frontage and any major environmental assets (such as flood plains, steep grades, and significant vegetation) as aesthetic amenities on the site. This category could also accommodate light manufacturing or flex office uses set in a campus like environment in addition to multi family residential located at mid -block locations and as transitions between office /light industrial uses and adjoining single family residential uses. Approval of the proposed amendment would change the FLUP for these areas per the attached ordinance. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted a public hearing on May 24, 2017 and offered a recommendation of approval by a unanimous vote. The proposed amendments to the Future Land Use Plan are consistent with the goals and objectives of the Comprehensive Land Plan. Staff recommends approval of the proposed amendments to the Future Land Use Plan. ATTACHMENT Ordinance No. 17 -S -20 ORDINANCE NO. 17 -S -20 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE COMPREHENSIVE LAND PLAN BY CHANGING CERTAIN LAND AREAS TO SINGLE FAMILY RESIDENTIAL DESIGNATION AND CERTAIN LAND AREAS TO COMMERCIAL CAMPUS DESIGNATION ON THE FUTURE LAND USE PLAN. WHEREAS, staff is proposing to amend the Comprehensive Land Plan by changing Future Land Use Plan for two areas in northern Schertz identified in Exhibit A. The first area is proposed to be changed to Single Family Residential and is generally located along Old Wiederstein Road from Wiederstein Road extending east to just past FM 1103. The second area is proposed to be changed to Commercial Campus and is generally located along IH -35 beginning approximately 700 feet east of Schwab Road continuing east to the Schertz ETJ limit; and WHEREAS, the City's Unified Development Code Section 21.4.6.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 an amendment to the Comprehensive Land Plan (the "Criteria "); and WHEREAS, A total of 1,400 public hearing notices were mailed out to property owners in the subject areas and to surrounding property owners within two hundred (200) feet of the subject areas on May 12, 2017 and public hearing notice was published in the San Antonio Express News on May 31, 2017; and WHEREAS, on May 24, 2017, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation of approval of the amendment to the Comprehensive Land Plan; and WHEREAS, on June 27, 2017 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested amendment be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current Comprehensive Land Plan is hereby amended to designate the areas as shown and more particularly described in the attached Exhibit A as Single Family Residential and Highway Commercial on the Future Land Use Map. 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 27th day of June, 2017. PASSED, APPROVED AND ADOPTED on final reading the 11th day of July, 2017. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) � 1 Exhibit ;, or 1 �u✓ Y" i N 0"o /m "o O on 00 � Ao «o '/LO O O �m s tl v o o ° 0 O g o o cm (3 o 0 ol` "0 „o OC) k I I m Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: June 27, 2017 Department: Police Subject: Resolution 17 -R -43 - Consideration and approval by the City Council of the City of Schertz, Texas two inter - local agreements between the City of Schertz and the Bexar County District Attorney in reference to the disposition of seized property including property from gambling establishments. BACKGROUND Disposition of seized property is regulated by State law, specifically Chapters 18 (gambling paraphernalia) and 59 (general property) of the Texas Code of Criminal Procedure. The attorney representing the State (County District Attorney) is authorized by this code to enter into an agreement with a law enforcement agency to determine how such property and/or proceeds from such property will be disposed. There must be an agreement for the law enforcement agency to receive any property or proceeds. This agreement provides the manner and means that any said seized property and /or contraband and proceeds therefrom will be disposed. The attorney representing the State has the sole authority to create the agreement and it is evident by the diversity seen in Bexar County's two separate agreements and the single Comal County agreement presented at the Council meeting on June 13, 2017. The proposed Bexar County agreements separates those items associated with illegal gambling and established rules and guidelines different from property seized from other crimes. This is within the purview of the attorney to do so. In contrast, the current Guadalupe County agreement is two pages that separates the property into two categories; vehicles and everything else. Goal To enter into two interlocal agreements that will regulate and allow for the disposition of seized property and/or contraband and any proceeds therefrom. Community Benefit Property and/or contraband and any proceeds therefrom may be utilized in certain strictly regulated situations to purchase law enforcement related equipment and training. This equipment and training is then achieved without the use of general fund revenues. Summary of Recommended Action Staff recommends approval of the attached Resolution authorizing the Chief of Police to enter into this agreement with the Bexar County District Attorney's Office. FISCAL IMPACT There is no fiscal impact associated with this agreement. ATTACHMENT Resolution No. 17 -R -43 Interlocal Agreement between. Schertz and Bexar County District Attorney's Office. RESOLUTION NO. 17 -R -43 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING TWO INTERLOCAL AGREEMENTS FOR THE DISPOSITION OF SEIZED CONTRABAND PROPERTY WITH THE BEXAR COUNTY DISTRICT ATTORNEY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Texas Legislature enacted Chapters 18 of the Texas Code of Criminal Procedure for the purpose of regulating the disposition of gambling paraphernalia, devices, equipment and other contraband and property seized by law enforcement officers and forfeited contraband; and WHEREAS, the Texas Legislature enacted Chapter 59 of the Texas Code of Criminal Procedure for the purpose of regulating the disposition of property seized by law enforcement officers and forfeited contraband; and WHERAS, the Schertz Police Department and the Prosecuting Attorney for Bexar County desire to enter into two INTERLOCAL AGREEMENTS regarding the disposition of said forfeited contraband and /or the proceeds therefrom; and WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into two interlocal agreements with the Bexar County District Attorney; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into two interlocal agreements with the Bexar County District Attorney; BE IT RESOLVED BY THE CITY COUNCILL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Chief of Police to enter into the interlocal agreements attached in Exhibit A and B. 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 27th day of June, 2017. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - STATE OF TEXAS § CONTRABAND FORFEITURE § AGREEMENT FOR GAMBLING § PARAPHERNALIA, DEVICES, § EQUIPMENT AND OTHER PROPERTY, § PROCEEDS, AND CASH WITH THE COUNTY OF BEXAR § SCHERTZ POLICE DEPARTMENT This Agreement ( "Agreement ") is entered into by and between the Bexar County Criminal District Attorney, hereinafter called "PROSECUTOR ", and the Schertz Police Department, hereinafter called "SPD ", pursuant to authorization granted in Chapter 791 of the Government Code (the Interlocal. Cooperation Act). WITNESSETH WHEREAS, SPD is a major law enforcement agency in Bexar County, Texas; and WHEREAS, the PROSECUTOR is charged with representing the State of Texas in criminal matters before the Courts of Bexar County; and WHEREAS, both SPD and PROSECUTOR depend on forfeited gambling property and proceeds pursuant to Chapters 18 and Chapter 59 of the Texas Code of Criminal Procedure (C.C.P.) to assist in the investigation of the criminal laws of this State; and WHEREAS, SPD currently seizes items believed to be gambling paraphernalia, devices, equipment, other property (whether personal, mixed, or real), proceeds, cash, and other contraband pursuant to the C.C.P., and stores said property at SPD's expense; and WHEREAS, PROSECUTOR currently prosecutes crimes involving gambling property and proceeds and represents the State in subsequent forfeiture proceedings held in accordance with Chapter 18 and Chapter 59 of the C.C.P.; and WHEREAS, it is the desire of both. SPD and PROSECUTOR not to supplant but to supplement existing programs; and WHEREAS, it is in the best interest of the community that both parties work with each other in the seizure and forfeiture of gambling paraphernalia, devices, equipment, other property, proceeds, cash, and other contraband secured pursuant to the C.C.P. NOW THEREFORE, the parties hereby agree as follows: ARTICLE I PURPOSE AND DEFINITIONS 1.01 The purpose of this Agreement is to determine the equitable distribution of gambling paraphernalia, devices, equipment, other property (whether personal, mixed, or real), 1 proceeds, cash, and other contraband forfeited pursuant to the C.C.P. from seizures submitted by SPD as a result of gambling investigations. 1.02 Additionally, this Agreement sets forth the responsibilities of each party for Prepaid Access Card Scanners, Terminals and Other Equipment ( "PACE" and "PACEs ") and Prepaid Access Devices ( "PAD" and "PADs ") defined below. 1.04 Prepaid Access Card Scanners, Terminals and Other Equipment (PACE and PACES) are equipment or software owned or furnished by PROSECUTOR that "read" the information on the PAD. ARTICLE II TERM 2.01 This Agreement shall be automatically renewed on January 1 of each year, for a one year renewal term unless terminated pursuant to Section 2.06 (the initial term together with each renewal year are referred to as "Term "). 2.02 This Agreement covers: (A) all property seized by SPD as a result of criminal investigations and submitted to PROSECUTOR for forfeiture action in accordance with Chapter 1.8 C.C.P.; and (B) all gambling property and proceeds seized by SPD, including money that is accessed through the PAD, as the result of a gambling investigation and submitted to PROSECUTOR for forfeiture action in accordance with Chapter 18 or Chapter 59 C.C.P. including that, which is: currently in the possession of SPD and already forfeited to SPD or the State; currently in the possession of SPD for which forfeiture proceedings are currently pending or anticipated to be filed; and seized by SPD and subject to forfeiture during the Term of this Agreement. 2.03 This Agreement specifically covers all SPD seizures currently pending as well as all other SPD forfeiture cases submitted to PROSECUTOR during the term of this Agreement regardless of whether the forfeiture case has been resolved prior to the date on which the Agreement terminates. 2.04 This Agreement also covers forfeitures where PROSECUTOR prosecutes any criminal case related to a seizure that SPD submits to a federal agency and SPD is awarded money 2 and property from the resolution of the federal seizure, which is: currently in the possession of SPD and already forfeited to SPD; currently in the possession of SPD for which forfeiture proceedings are currently pending or anticipated to be filed; and seized by SPD and subject to forfeiture during the term of this Agreement. 2.05 With the exception of gambling paraphernalia, devices, equipment, other property (whether personal, mixed, or real), proceeds, cash, and other contraband seized as a result of a gambling investigation, this Agreement specifically excludes any money or property seized by SPD under Chapter 59 C.C.P. dealing with the forfeiture of money and property derived from crimes named in Chapter 59 C.C.P. and submitted to PROSECUTOR for forfeiture proceedings in accordance with Chapter 59 C.C.P. A separate agreement between SPD and PROSECUTOR covers those forfeiture actions. 2.06 Either party may terminate this Agreement by giving thirty (30) days advance written . notice to the other party. ARTICLE III DISPOSITION OF FORFEITURE SEIZURES 3.01 PROSECUTOR agrees to use its best efforts in the use of its personnel to forfeit all gambling property and proceeds seized by SPD. 3.02 SPD shall endeavor to have all proceeds seized by SPD deposited in the Prosecutor's Gambling Trust Fund as soon as possible, but in no event later than fifteen (1.5) days after seizure. 3.03 All property, other than cash proceeds seized by SPD, shall be held, maintained, and preserved by SPD until final disposition. Upon final determination that the property is subject to forfeiture, and provided that the court order or judgment reflects that the forfeited property be distributed to SPD or the State of Texas, SPD shall use its best efforts to dispose of said property, which may be by sale or other means. As the filing agency, SPD will be the only agency to divide the seizure with PROSECUTOR regardless of whether or not another agency assisted SPD. Should SPD choose to divide its share of the seizure with another agency, it shall be SPD's responsibility to do so, and the division shall come out of SPD's share. 3.04 SPD and PROSECUTOR may agree that forfeitures of money and property be shared with other law enforcement agencies due to the existence of special circumstances, such as assistance by other law enforcement agencies, in certain seizures. Under those circumstances, the PROSECUTOR, SPD, and the other law enforcement agency(ies) may agree to allocate money and property in accordance with a written agreement among the PROSECUTOR, SPD, and the other law enforcement agency(ies) to be negotiated on a case -by -case basis. 3 3.05 SPD and PROSECUTOR may agree that the percentage of proceeds attributable to forfeitures of money and property be increased for PROSECUTOR, above the percentages allocated below, due to an original investigation initiated by PROSECUTOR with a higher level of participation in a particular case. In those circumstances, the PROSECUTOR and SPD may agree to allocate money and property in accordance with a written agreement between the PROSECUTOR and SPD to be negotiated on a case -by -case basis. 3.06 Forfeited money (i.e., cash, securities, negotiable instruments, stocks, or bonds), except that covered by Section 3.07, shall be divided as follows, after deductions pursuant to Sections 3.10: -- Fifty (50) per cent to SPD -- Fifty (50) per cent to PROSECUTOR. 3.07 Money accessed through PAD and seized with PACE shall be divided as follows, after deductions pursuant to Sections 3.10: -- Sixty (60) per cent to PROSECUTOR -- Forty (40) per cent to SPD. 3.08 Net proceeds from the disposition of forfeited property, other than the property covered by Sections 3.06 and 3.07, shall be distributed as follows, after deductions pursuant to Sections 3.10: - -Sixty (60) per cent to SPD - -Forty (40) per cent to PROSECUTOR. 3.09 On property seized other than cash proceeds, PROSECUTOR may endeavor to negotiate a cash settlement in lieu of forfeiture of the property. Any money received in this manner shall be divided between SPD and PROSECUTOR as provided in Section 3.08 above. If SPD desires to have seized property, other than cash proceeds forfeited to SPD for their official use, SPD shall notify PROSECUTOR of this fact when the case is first filed with PROSECUTOR. If SPD fails to use the forfeited property for more than two years from the date of the final determination of forfeiture, and the property is subsequently sold, the net proceeds shall be distributed as provided in Section 3.08 above. 3.10 Court costs, as well as any other expenses associated with the forfeiture actions, shall be deducted from any cash proceeds forfeited to the State, prior to distribution to SPD or PROSECUTOR. When applicable, these expenses include: court costs, citation by publication, ad litem fees, court reporter /transcript fees, auction fees (commission to auctioneer, law enforcement overtime for working the auction, and advertising for the auction), storage costs, disposal costs, expenses owed for the use of PACE and liens when property is to be sold pursuant to Section 3.08. However, if a lien is filed on the property and the property is going to be placed into service, the party taking possession of the property will bear the cost of the lien. If there are no cash proceeds, or insufficient cash proceeds derived from a forfeiture lawsuit, SPD shall be responsible for payment of court costs and associated expenses, unless the case is dismissed for want of prosecution, in E which event PROSECUTOR shall be responsible for payment of court costs and other fees and expenses. 3.11 PROSECUTOR will endeavor, in negotiated settlements of forfeiture cases, to have Respondent pay court costs. 3.12 Notwithstanding the provisions above, PROSECUTOR may have an interest in converting certain seized property, other than cash proceeds, for PROSECUTOR'S own official use. If PROSECUTOR desires to have any such property forfeited to PROSECUTOR'S office, PROSECUTOR shall make such request to SPD prior to the forfeiture of the property. SPD shall endeavor to comply with said requests when feasible if SPD does not intend to use said property for its own official purposes. If PROSECUTOR fails to use the forfeited property, namely vehicles, more than two years from the date of the final determination of forfeiture, and the property is subsequently sold, the net proceeds shall be distributed as provided in Section 3.08 above. 3.13 No provisions of this Agreement shall be construed to prohibit SPD from submitting seized property for forfeiture through the federal government, when and only when, the case giving rise to the seizure is one in which a federal agency actively participated in the planning and seizure of property subject to forfeiture and the seizure did not occur through the use of PACE. In the event that PROSECUTOR or a state judge performs any services in an effort to prosecute any criminal case related to a seizure that SPD has submitted to the federal government and SPD is awarded money and/or property from the resolution of the federal seizure, the awarded money and /or property will be distributed pursuant to Sections 3.06, 3.07 or 3.08 as applicable (this is referred to as the "pass through clause "). Notwithstanding Section 3.03 above, this provision shall be construed to mean that only the percentages actually received by SPD shall be divided with PROSECUTOR in accordance with this provision. In the event PROSECUTOR has been individually included in the same distribution of forfeited money and property pursuant to a Form DAG- 71 Application of Transfer of Federally Forfeited Property, this provision will not apply to SPD's awarded share. 3.1.4 In the event that PROSECUTOR prosecutes any criminal case related to a seizure that SPD has submitted to a federal agency and SPD is awarded money and property from the resolution of the federal seizure, the awarded money and property will pass through to PROSECUTOR and be distributed pursuant to Sections 3.06, 3.07 or 3.08 as applicable. 3.15 When a state warrant is used to seize the property for forfeiture and SPD desires that property be adopted by a federal agency for forfeiture, SPD must obtain a Turnover Order from PROSECUTOR releasing jurisdiction over the property to the federal government before proceeding. As such, any award of money or property to SPD will pass through to PROSECUTOR and be distributed pursuant to Sections 3.06 and 3.08. PROSECUTOR reserves the right to refuse a Turnover Order. 3.16 Notwithstanding anything to the contrary in this Agreement, if a PACE owned or furnished by Bexar County District Attorney's Office is used to determine the value on the PAD, then SPD shall not submit the seized PAD or the funds accessed through the PAD to the 5 U.S. Attorney, or any other Law Enforcement Agency, for forfeiture unless the District Attorney's Office and SPD have agreements with said Law Enforcement Agency ("Third - party Agreement "). SPD shall have the affirmative duty to verify that that there is a Third - party Agreement. If there is not a Third -party Agreement, the funds that SPD receives pursuant to the Third -party Agreement shall be distributed to the PROSECUTOR and SPD according to the terms of this Agreement. ARTICLE IV USE OF PREPAID ACCESS CARD SCANNERS TERMINALS AND OTHER EQUIPMENT 4.01 As between the parties, SPD agrees that PACE is owned by the Bexar County District Attorney's Office. 4.02 SPD agrees to pay for all repairs, maintenance, including SIM cards, and replacement costs for the :PACEs that are used by SPD personnel. 4.03 SPD shall abide by the Bexar County Criminal District Attorney's Office Policy for Use of Prepaid Access Card Scanners, Terminals and Other Equipment and shall ensure that the SPD personnel that use PACE have been trained on the use of PACE, have signed a PACE Authorization Form and have been assigned a password to use with PACE. 4.04 PACEs shall be used only in conjunction with official law enforcement duties and where probable cause exist that could cause the funds associated with a PAD to be lost or transferred by someone other than authorized law enforcement personnel. PACE shall not be used for personal use. The password assigned to the individual Law Enforcement Officer shall only be used by that officer, and shall not be used by another individual, unless the password is assigned to a vehicle. SPD will be responsible for any unauthorized use. ARTICLE V BUSINESS RECORDS 5.01 The parties hereto agree that during the term of this Agreement and for a three (3) year period after the last disbursement of property governed by this Agreement, the parties shall keep and maintain accurate and current records supported by case number, offense, and the date of the incident to provide verification of seized funds and equipment, and permit inspection of the same by the other party. For property that is auctioned, SPD shall timely deliver to PROSECUTOR all records and books that provide the details of the auction costs, to include: the case number, offense, and the date of the incident, together with auction fees, commission to auctioneer, overtime records for personnel working the auction (number of officers and/or civilian personnel, and hours worked), advertisement costs, moving and storage fees. If the records are not timely delivered to PROSECUTOR, PROSECUTOR, or a designated representative of the County, may inspect, copy and audit such records as kept by SPD in order to verify expenditures. 5.02 SPD and PROSECUTOR further agree that all expenditures of forfeited property shall comply with Chapters 18 and 59 C.C.P. Col ARTICLE VI TEXAS LAW TO APPLY 6.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Bexar County, Texas. ARTICLE VII LEGAL CONSTRUCTION 7.01 In case any one or more of the provisions contained in this Agreement shall for any reason . be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE VIII AMENDMENT 8.01 No amendment, modification, or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties hereto. The Schertz Chief of Police shall be the party with the authority to amend this Agreement on behalf of SPD. ARTICLE IX ENTIRE AGREEMENT 9.01 This Agreement is intended as a full and complete expression of and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and all prior and contemporaneous understandings, agreements, promises, representations, terms and conditions, both oral and written, are merged and incorporated into this Agreement, and no such oral or written understandings, agreements, promises, representations, terms or conditions not specifically set forth in this Agreement shall be binding upon the parties. 7 EXECUTED IN DUPLICATE COPIES, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL THIS THE DAY OF , 2017. BEXAR COUNTY CRIMINAL DISTRICT ATTORNEY NICHOLAS "NICO" LAHOOD Criminal District Attorney Paul Elizondo Tower 101 W. Nueva, 7th Floor San Antonio, Texas 78205 M SCHERTZ POLICE DEPARTMENT MICHAEL HANSEN Chief of Police Schertz Police Department 1400 Schertz Parkway Schertz, Texas 78154 STATE OF TEXAS § CONTRABAND FORFEITURE AGREEMENT COUNTY OF BEXAR § WITH THE SCHERTZ POLICE DEPARTMENT This Contraband Forfeiture Agreement ( "Agreement ") is entered into by and between the Bexar County Criminal District Attorney, hereinafter called "PROSECUTOR ", and the SCHERTZ POLICE DEPARTMENT, hereinafter called "SPD ", pursuant to authorization granted in Chapter 59 of the Texas Code of Criminal Procedure. WITNESSETH WHEREAS, the SPD is a major law enforcement agency in Bexar County, Texas; and WHEREAS, the PROSECUTOR is charged with representing the State of Texas in criminal matters before the Courts of Bexar County; and WHEREAS, both SPD and PROSECUTOR depend on forfeited property and money pursuant to Chapter 59 of the Texas Code of Criminal. Procedure (C.C.P.) to assist in the investigation of the criminal laws of this State; and WHEREAS, it is the desire of both SPD and PROSECUTOR not to supplant but to supplement existing programs; and WHEREAS, it is in the best interest of the community that both parties work with each other in the seizure and forfeiture of property secured pursuant to Chapter 59 C.C.P. NOW THEREFORE, the parties hereby agree as follows: ARTICLE I PURPOSE AND DEFINITIONS 1.01 The purpose of this Agreement is to determine the equitable distribution of money and property forfeited pursuant to Chapter 59 of the Texas C.C.P. from seizures submitted by SPD other than gambling property and gambling proceeds which is addressed in a separate forfeiture agreement between the parties. 1.02 Additionally, this Agreement sets forth the responsibilities of each party for Prepaid Access Card Scanners, Terminals and Other Equipment ( "PACE" and "PACES ") and Prepaid Access Devices ( "PAD" and "PADS ") defined below. 1.03 Prepaid Access Devices (PAD and PADS) are items that provide access to funds or the value of funds that have been paid in advance and can be retrieved or transferred at some point in the future through physical (e.g., card or other device) or non- physical (e.g., code, electronic serial number, mobile identification number, and personal identification number) means. PADS include plastic cards with national i• i # • i:' f e ri ii'• • # �' • it +' i i •` a i i • i• i' • i ii i t i �i 1.04 Prepaid Access Card Scanners, Terminals and Other Equipment (PACE and PACES) are equipment or software owned or furnished by :PROSECUTOR that "read" the information on the PAD. ARTICLE II TERM 2.01 This Agreement shall be automatically renewed on January 1 of each year, for a one year renewal term unless terminated pursuant to Section 2.06 (the initial term together with each renewal year are referred to as "Term "). 2.02 This Agreement covers all seizures of money and property seized by SPD, including money that is accessed through the PAD, and submitted to PROSECUTOR for forfeiture action in accordance with Chapter 59 of the Texas C.C.P. including that, which is: currently in the possession of SPD and already forfeited to SPD or the State; currently in the possession of SPD for which forfeiture proceedings are currently pending or anticipated to be filed; and seized by SPD and subject to forfeiture during the Term of this Agreement. 2.03 This Agreement specifically covers all SPD seizures currently pending, as well as all other SPD forfeiture cases submitted to PROSECUTOR during the term of this Agreement regardless of whether the forfeiture cases have been resolved prior to the date on which the Agreement terminates. 2.04 This Agreement also covers forfeitures where PROSECUTOR prosecutes any criminal case related to a seizure that SPD submits to a federal agency and SPD is awarded money and property from the resolution of the federal seizure, which is: currently in the possession of SPD and already forfeited to SPD; currently in the possession of SPD for which forfeiture proceedings are currently pending or anticipated to be filed; and seized by SPD and subject to forfeiture during the term of this Agreement. 2.05 This Agreement specifically excludes any money or property seized by SPD dealing with the forfeitures derived from items believed to be gambling paraphernalia, devices, equipment, other property (whether, personal, mixed, or real), proceeds, and cash submitted to PROSECUTOR for forfeiture proceedings in accordance with the C.C.P. pursuant to a gambling investigation. A separate agreement between SPD and PROSECUTOR covers those forfeiture actions. N 2.06 Either party may terminate this Agreement by giving 30 days advance written notice to the other party. ARTICLE III DISPOSITION OF FORFEITURE SEIZURES 3.01 PROSECUTOR agrees to use its best efforts in the use of its personnel to forfeit money and property seized by SPD. 3.02 SPD shall endeavor to have all money seized by SPD deposited in the Prosecutor's Forfeiture Trust Fund as soon as possible, but in no event later than 15 days after seizure. 3.03 All property, including vehicles, other than money seized by SPD, shall be held, maintained, and preserved by SPD until final disposition. Upon final determination that the property is subject to forfeiture, and provided that the court order or judgment reflect that the forfeited property be distributed to SPD or the State of Texas, SPD shall use its best efforts to dispose of said property, which may be by sale or other means. As the filing agency, SPD will be the only agency to divide the seizure with PROSECUTOR regardless of whether or not another agency assisted SPD ( "Third Party ") unless the PROSECUTOR has an agreement with the Third Party as addressed in this Agreement. Should SPD choose to divide its allocation of the seizure with another agency, it shall be SPD's responsibility to do so out of SPD's share. 3.04 SPD and PROSECUTOR may agree that forfeiture of money and property be shared with other law enforcement agencies due to the existence of special circumstances, such as assistance by other law enforcement agencies, in certain seizures. Under those circumstances, the PROSECUTOR, SPD, and the other law enforcement agency(ies) may agree to allocate money and property in accordance with a written agreement among the PROSECUTOR, SPD, and the other law enforcement agency(ies), to be negotiated on a case -by -case basis. 3.05 SPD and PROSECUTOR may agree that the percentages of proceeds attributable to forfeitures of money and property be increased for PROSECUTOR above the percentages allocated below, due to an original investigation initiated by PROSECUTOR with a higher level of participation in a particular case. In those special circumstances, the PROSECUTOR and SPD may agree to allocate money and property in accordance with a written agreement between the PROSECUTOR and SPD to be negotiated on a case -by -case basis. 3.06 Forfeited money (i.e., cash, securities, negotiable instruments, stocks, or bonds), except that covered by Section 3.07, shall be divided as follows, after deductions pursuant to Sections 3.1.0: -- Seventy (70) per cent to SPD - -Thirty (30) per cent to PROSECUTOR. 3.07 Money accessed through PAD and seized with PACE shall be divided as follows, after deductions pursuant to Sections 3.10: -- Sixty (60) per cent to PROSECUTOR -- Forty (40) per cent to SPD. 3.08 Net proceeds from the disposition of forfeited property, other than the property covered by Sections 3.06 and 3.07, shall be distributed as follows, after deductions pursuant to Sections 3.10: -- Seventy (70) per cent to SPD -- Thirty (30) per cent to PROSECUTOR. 3.09 On property seized other than money, PROSECUTOR may endeavor to negotiate a cash settlement in lieu of forfeiture of the property. Any money received in this manner shall be divided between SPD and PROSECUTOR as provided in Section 3.08 above. If SPD desires to have seized property, other than money forfeited to SPD for their official use, SPD shall notify PROSECUTOR of this fact when the case is first filed with PROSECUTOR. If SPD fails to use the forfeited property for more than two years from the date of the final determination of forfeiture, and the property is subsequently sold, the net proceeds shall be distributed as provided in Section 3.08 above. 3.10 Court costs, as well as any other expenses associated with the forfeiture actions, shall be deducted from any cash proceeds forfeited to the State, prior to distribution to SPD or PROSECUTOR. When applicable, these expenses include: court costs, citation by publication, ad litem fees, court reporter /transcript fees, auction fees (commission to auctioneer, law enforcement overtime for working the auction, and advertising for the auction), storage costs, disposal costs, expenses owed for the use of PACE and liens when property is to be sold pursuant to Section 3.08. However, if a lien is filed on the property and the property is going to be placed into service, the party taking possession of the property will bear the cost of the lien. If there are no cash proceeds, or insufficient cash proceeds derived from a forfeiture lawsuit, SPD shall be responsible for payment of court costs and associated expenses, unless the case is dismissed for want of prosecution, in which event PROSECUTOR shall . be responsible for payment of court costs and other fees and expenses. 3.11 PROSECUTOR will endeavor, in negotiated settlements of forfeiture cases, to have Respondent pay court costs. 3.12 Notwithstanding the provisions above, PROSECUTOR may have an interest in converting certain seized property, other than cash proceeds, for PROSECUTOR'S own official use. If PROSECUTOR desires to have any such property forfeited to PROSECUTOR'S office, PROSECUTOR shall make such request to SPD prior to the forfeiture of the property. SPD shall endeavor to comply with said requests when feasible if SPD does not intend to use said property for its own official 2 purposes. If PROSECUTOR fails to use the forfeited property, namely vehicles, more than two years from the date of the final determination of forfeiture, and the property is subsequently sold, the net proceeds shall be distributed as provided in Section 3.08 above. 3.13 No provisions of this Agreement shall be construed to prohibit SPD from submitting seized property for forfeiture through the federal government, when and only when, the case giving rise to the seizure is one in which a federal agency actively participated in the planning and seizure of property subject to forfeiture and the seizure did not occur through the use of PACE. In the event that PROSECUTOR or a state judge performs any services in an effort to prosecute any criminal case related to a seizure that SPD has submitted to the federal government and SPD is awarded money and /or property from the resolution of the federal seizure, the awarded money and/or property will be distributed pursuant to Sections 3.06, 3.07 or 3.08 as applicable (this is referred to as the "pass through clause "). Notwithstanding Section 3.03 above, this provision shall be construed to mean that only the percentages actually received by SPD shall be divided with PROSECUTOR in accordance with this provision. In the event PROSECUTOR has been individually included in the same distribution of forfeited money and property pursuant to a Form DAG -71 . Application of Transfer of Federally Forfeited Property, this provision will not apply to SPD's awarded share. 3.14 In the event that PROSECUTOR prosecutes any criminal case related to a seizure that SPD has submitted to a federal agency and SPD is awarded money and property from the resolution of the federal seizure, the awarded money and property will pass through to PROSECUTOR and be distributed pursuant to Sections 3.06, 3.07 or 3.08 as applicable. 3.15 Notwithstanding anything to the contrary in this Agreement, if a PACE owned or furnished by Bexar County District Attorney's Office is used to determine the value on the PAD, then SPD shall not submit the seized PAD or the funds accessed through the PAD to the U.S. Attorney, or any other Law Enforcement Agency, for forfeiture unless the District Attorney's Office and SPD have agreements with said Law Enforcement Agency ( "Third -party Agreement "). SPD shall have the affirmative duty to verify that that there is a Third -party Agreement. If there is not a Third -party Agreement, the funds that SPD receives pursuant to the Third -party Agreement shall be distributed to the PROSECUTOR and SPD according to the terms of this Agreement. 3.16 When a state warrant is used to seize the property for forfeiture and SPD desires that property be adopted by a federal agency for forfeiture, SPD must obtain a Turnover Order from PROSECUTOR releasing jurisdiction over the property to the federal government before proceeding. As such, any award of money or property to SPD will pass through to PROSECUTOR and be distributed pursuant to Sections 3.06 and 3.08. PROSECUTOR reserves the right to refuse a Turnover Order. 5 ARTICLE IV USE OF PREPAID ACCESS CARD SCANNERS TERMINALS AND OTHER EQUIPMENT 4.01 As between the parties, SPD agrees that PACE is owned by the Bexar County District Attorney's Office. 4.02 SPD agrees to pay for all repairs, maintenance, including SIM cards, and replacement costs for the PACEs that are used by SPD personnel. 4.03 SPD shall abide by the Bexar County Criminal District Attorney's Office Policy for Use of Prepaid Access Card Scanners, Terminals and Other Equipment and shall ensure that the SPD personnel that use PACE have been trained on the use of PACE, have signed a PACE Authorization Form and have been assigned a password to use with PACE. 4.04 PACE shall be used only in conjunction with official law enforcement duties and where probable cause exist that could cause the funds associated with a PAD to be lost or transferred by someone other than authorized law enforcement personnel. PACE shall not be used for personal use. The password assigned to the individual Law Enforcement Officer shall only be used by that officer, and shall not be used by another individual, unless the password is assigned to a vehicle. SPD will be responsible for any unauthorized use. ARTICLE V BUSINESS RECORDS 5.01 The parties hereto agree that during the term of this Agreement and for a three (3) year period after the last disbursement of property governed by this Agreement, the parties shall keep and maintain accurate and current records supported by case number, offense, and the date of the incident to provide verification of seized funds and equipment, and permit inspection of the same by the other party. For property that is auctioned, SPD shall timely deliver to PROSECUTOR all records and books that provide the details of the auction costs, to include: the case number, offense, and the date of the incident, together with auction fees, commission to auctioneer, overtime records for personnel working the auction (number of officers and /or civilian personnel, and hours worked), advertisement costs, moving and storage fees. If the records are not timely delivered to PROSECUTOR, PROSECUTOR, or a designated representative of the County, may inspect, copy and audit such records as kept by SPD in order to verify expenditures. 5.02 SPD and PROSECUTOR further agree that all expenditures of forfeited property shall comply with Chapter 59 C.C.P. ARTICLE VI TEXAS LAW TO APPLY Co 6.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Bexar County, Texas. ARTICLE VII LEGAL CONSTRUCTION 7.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE VIII AMENDMENT 8.01 No amendment, modification, or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties hereto. The Schertz Chief of Police shall be the party with the authority to amend this Agreement on behalf of SPD. ARTICLE IX ENTIRE AGREEMENT 9.01 This Agreement is intended as a full and complete expression of, and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and all prior and contemporaneous understandings, agreements, promises, representations, terms and conditions, both oral and written, are merged and incorporated into this Agreement, and no such oral or written understandings, agreements, promises, representations, terms or conditions not specifically set forth in this Agreement shall be binding on the parties. 7 EXECUTED IN DUPLICATE COPIES, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL THIS THE DAY OF , 2017. BEXAR COUNTY CRIMINAL DISTRICT ATTORNEY NICHOLAS "NICO" LAHOOD Criminal District Attorney Paul Elizondo Tower 101 W. Nueva, 7th Floor San Antonio, Texas 78205 M SCHERTZ POLICE DEPARTMENT MICHAEL HANSEN Chief of Police Schertz Police Department 1400 Schertz Parkway Schertz, Texas 78154 Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: June 27, 2017 Department: Public Works Subject: Resolution No. 17 -R -45 Consideration and/or action approving a Resolution authorizing two amendments to the existing Agreement with the San Antonio River Authority related to the rates for sewage transportation, treatment and disposal. BACKGROUND: On March 24, 2015, . the City Council authorized the City Manager to enter into an interlocal agreement with the San Antonio River Authority (SARA) to provide sewer transportation, treatment, and disposal for Schertz customers within their service area. Each year SARA will update their fees and notify the City of the change. This is the second and third amendment to the agreement. In May, there were a total of 43 completed residential properties and 1.5 additional ones under construction in the SARA service area. This service area is adjacent to IH -10 in far southwestern Schertz. The City has been approved by the Public Utility Commission for dual Certificate of Convenience and Necessity (CCN) on top of SARA's CCN within our city limits. According to our agreement with SARA, the City's responsibility is for the collection of the waste water which is then sent to SARA for treatment and disposal. Since this arrangement has been in place, the City has only charged these residents the SARA rates. Once the City updates their CI:P, the City will be authorized to collect additional fees to offset the City's cost for collection and billing for this service. Amendment #2 moves the date for annual rate adjustments to July 1. Ideally we would move this date to the start of the City's fiscal year; however SARA's budgetary requirements conflict with the City's desires. The first year of the agreement, the date was March 17. Last year we were able to move this to mid -June and this year we have achieved July 1. This amendment officially sets July 1 as the rate adjustment date and extends the 2016 -17 rates until June 30. Amendment #3 establishes the new rates for 2017 -18. For 2017 -1.8 SARA is asking for a base rate increase of $4.74 (36.5 %; $12.97 to $17.71) and a per 1,000 gallon water consumption reduction of $0.14/1,000 gallons of water used ( -2.8 %; $4.98 to $4.84). For a household that uses 2,000 gallons of water a month, their monthly sewer charge will go 50492900.1 City Council Memorandum Page 2 from $22.93 per month to $27.39 per month. The same consumption in the CCMA service area would be charged $19.1.8. The San Antonio River Authority, per our agreement, has updated their Wholesale Customer Charge Schedule and staff recommends authorizing the City Manager to agree to and sign these amendments to our 2015 agreement beginning July 1, 2017. GOAL: Continue servicing our residents within the San Antonio River Authority (SARA) service area wastewater treatment services. FISCAL IMPACT There is no fiscal impact to the City as the City bills for these services and passes along all collected revenue directly to SARA. Residents in the SARA CCN area will see an approximate 36% increase in their base rate which will be offset slightly by a reduction in the per 1,000 gallon water consumption rate. STAFF RECOMMENDATION Approval of Resolution No. 17 -R -45 ATTACHMENT Resolution No. 17 -R -45 SARA Agreement Amendments No. 2 & 3 RESOLUTION NO. 17 -R -45 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AMENDMENTS TO THE EXISTING AGREEMENT WITH THE SAN ANTONIO RIVER AUTHORITY FOR SEWAGE TRANSPORTATION, TREATMENT AND DISPOSAL, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City has an agreement with the San Antonio River Authority for the transportation, treatment and disposal of waste water from Schertz residents residing within the Authority's service area; and WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into two amendments to the agreement with the San Antonio River Authority; and WHEREAS, this amendments will allow us to collect the appropriate fees to meet the San Antonio River Authority rate schedule; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve Amendments 2 and 3 with the San. Antonio River Authority attached hereto as Exhibits A and B; 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 the amendments with the San Antonio River Authority in substantially the form set forth on Exhibits A and B. 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 27th day of June, 2017. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter City Secretary, Brenda Dennis (CITY SEAL) EXHIBIT A AMENDMENT NO.2 TO SARA SEWAGE TRANSPORTATION, TREATMENT AND DISPOSAL CONTRACT 50494755.1 A-] EXHIBIT B AMENDMENT NO.3 TO SARA SEWAGE TRANSPORTATION, TREATMENT AND DISPOSAL CONTRACT 50494755.1 A -2 This Amendment No. 2 (the "Amendment "), is made and entered into as of the 15th day of March, 2017, by and between The City of Schertz, a Texas municipal corporation (hereinafter referred to as "CITY "), and the San Antonio River Authority, a conservation and reclamation district (hereafter referred to as "RIVER AUTHORITY, ") headquartered in San Antonio, Texas. WHEREAS, The RIVER AUTHORITY and CITY entered into an Interlocal Agreement effective as of March 24, 2015 (the "Agreement ") providing that the RIVER AUTHORITY shall transport, treat and dispose of the wastewater of CITY, a wholesale customer of the RIVER AUTHORITY; and WHEREAS, the contract provides that the Wholesale Customer Charge Schedule and the wholesale connection fee (impact fee) schedule set out in Exhibit C thereof shall be reviewed annually and adjusted by mutual agreement of the parties in accordance with the terms and provisions of the contract; and WHEREAS, the RIVER AUTHORITY has proposed and CITY has agreed to adjust the annual calendar schedule for notice of rate adjustments under the Agreement; and; WHEREAS, the Parties desire to enter into this AMENDMENT No. 2 to effectuate these changes; NOW THEREFORE, the parties hereto, in consideration of the mutual benefits, agreements and undertakings hereinafter set forth, with respect to the present long -term contracts between the parties hereby contract and agree that: 1. EXHIBIT C, San Antonio River Authority — Schedule of Wholesale Customer Charge Schedule, which is attached hereto as Exhibit "C ", is substituted for the prior Exhibit C "Wholesale Customer Charge Schedule" and "Schedule of Connections Fees (Impact Fees)" which was adopted in the Amendment No. 1 on June 15, 2016, and the attached Exhibit C "San Antonio River Authority — Wholesale Customer Charge Schedule" is hereby adopted, confirmed and carried forward in the present contract between the Parties. 2. EXHIBIT E, San Antonio River Authority — Schedule of Utilities Operations Fees, which is attached hereto as Exhibit "E ", is hereby adopted, confirmed and carried forward in the present contract between the Parties. 1 Second Amendment 3. Section V. of the Agreement is replaced and superseded by the following new Section V. V. CHARGES City shall make payments to River Authority for (i) sewage transportation, treatment and disposal, (ii) fees included in the River Authority's industrial waste control ordinance, including extra strength sewage treatment, (iii) industrial cost recovery, (iv) connection fees and (v) for any other expenditures which are the responsibility of City under this Agreement. The initial wholesale charges to City for sewage transportation, treatment and disposal; the charges for extra strength wastes; the industrial cost recovery charges; and the connection fees to be charged to City shall be based on "San Antonio River Authority — Wholesale Customer Charge Schedule" as shown in the attached Exhibit "C" and the "San Antonio River Authority — Schedule of Utilities Operations Fees" as shown in the attached Exhibit "E". River Authority will adjust its charges to the City annually, on July 1 of each calendar year. On or before June 1 of each year, River Authority will give written notice to City of the charges for the following year. River Authority shall not be responsible to City or its customers for any issues related to customer billings. Within thirty days of the close of each calendar month, a statement of connections, listing of connections served by address, and the payments called for in this Agreement shall be forwarded to River Authority by City. River Authority shall have the right to verify and audit reported connections. Delinquent payments to River Authority shall incur a penalty based on State of Texas Prompt Payment Act, 4. All other terms and provisions of the Agreement shall remain in full force and effect. (signatures on the following page) 2 Second Amendment IN WITNESS WHEREOF, the PARTIES hereto have caused this Amendment to be executed by their duly authorized representatives. M Michael Carpenter Mayor Date: ATTEST: Name: TITLE: SAN ANTONIO RIVER AUTHORITY M ,Vuzanrik B. Scott General Manager Date: 5 - Z:l ATTES Name: SIEPHEN T. GRAHAM s' TITLE ssistant General Manager Name: ALLISON ELDER TITLE: Director of Legal Services 3 Second Amendment EXHIBIT C Wholesale Customer Charge Schedule 1. Single Family Residential - for each single family residential unit connected to the Customer's local wastewater facilities, the Customer shall pay the following: $12.97 fixed charge plus $4.98 per 1,000 gallons of winter average water consumption per month. The charge based on winter average water consumption is waived when the unit is vacant. The winter average water consumption is defined as the computed average of the monthly metered water consumption for three consecutive billing periods that fall wholly within the prior winter's season between November 15 and the following March 15. Where the account has not established a winter average, the Customer's representative winter average shall be used. The fixed charge includes a payment for any debt of the system plus a computed capital replacement charge used for future system capital improvement projects. 2. All Other Users - for all other users, not single family residential units, connected to the Customer's local wastewater facilities, the Customer shall pay the following: $7.79 per 1,000 gallons of metered water consumption each month. 1. Regulatory Assessment Fee — The Texas Regulatory Assessment Fee of one -half of one percent as established by Ordinance No. 0 -955, passed and approved September 18, 1991, is hereby ratified, confirmed and carried forward. 2. The effective date of this schedule shall be July 1, 2016. SARA — Wholesale Customer Charge Schedule Exhibit C to the Second Am.endinent 2017 EXHIBIT E San Antonio Diver Authority — Schedule of Utilities Operation Fees 1. Connection and Impact Fees: a. "Connection Fee ", as described by Water Code Chapter 49.212, means a charge or fee that is imposed by San Antonio River Authority for construction, installation, or inspection of a tap or connection to San Antonio River Authority water, sanitary sewer, or drainage facilities, including all necessary service lines and meters, for capacity in storm water detention or retention facilities and related storm water conveyances, or for wholesale facilities that serve such water, sanitary sewer, drainage, or stormwater detention or retention facilities if the charge of fee does not exceed three times the actual cost to San Antonio River Authority for such tap or connection; or if made to a nontaxable entity for retail or wholesale service, does not exceed the actual costs to San Antonio River Authority for such work, and for all facilities that are necessary to provide services to such entity and that are financed or are to be financed in whole or in part by tax - supported or revenue bonds of San Antonio River Authority; or is made by San Antonio River Authority for retail or wholesale service on land that at the time of platting was not being provided with water, wastewater, drainage, or storm water detention or retention service by San Antonio River Authority. Connection Fees for the San Antonio River Authority Wastewater System are hereby established in the following multiples of one (1) Equivalent Dwelling Unit (EDU). One (1) EDU is 200 gallons per day for each single family residential dwelling unit. The required fee shall be computed by multiplying the value of one (1) Equivalent Dwelling Unit (EDU) by the appropriate multiplier from Table I (Impact and Connection Fee Multipliers). Where the list is ambiguous or otherwise fails to properly cover a request for sewer connection, a connection fee consistent with those listed shall be established by mutual agreement of the River Authority and the wholesale Customer, and thereafter disclosed to the applicant. Wastewater Treatment Plan Description Connection Fee per EDU SARA Wastewater System — Martinez I and $2,150 II SARA Wastewater System - Martinez III and $3,250 Graytown (Martinez IV) Highway 181 $2,150 Salatrillo Wholesale System $1,350 Salatrillo Retail System $1,350 b. "Impact Fee ", as described by 30 TAC 293.171(1), means a charge or assessment imposed by San Antonio River Authority against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility SARA — Schedule of Utilities Operations Fees Exhibit E to the Second Amendment 2017 expansions necessitated by and attributable to the new development, and does not include any fee or charge that is a Connection Fee. Impact Fees authorized by the Texas Commission on Environmental Quality for the San Antonio River Authority Salatrillo System are hereby established in the following multiples of one (1) Equivalent Dwelling Unit. The required fee shall be computed by multiplying the value of one (1) Equivalent Dwelling Unit by the appropriate multiplier from Table 1 (Impact and Connection Fee Multipliers). Where the list is ambiguous or otherwise fails to properly cover a request for sewer connection, a connection fee (impact fee) consistent with those listed shall be established by mutual agreement of the River Authority and the wholesale Customer, and thereafter disclosed to the applicant. Wastewater Treatment Plan Descri tion Impact Fee per--EDIT SARA Wastewater System — Martinez I and $2,150 II SARA Wastewater System - Martinez III and N/A Highway 181 N/A Salatrillo Wholesale System $1,350 Salatrillo Retail System $1,350 Table 1. Impact and Connection Fee Multipliers Single family residence 1.00 Swimming pool 0.20 Multi - family residential, including townhouses, condominiums, duplexes, etc. (per dwelling unit) 1.00 Apartments 0.60 Hotels /motels with cooking facilities in room (per dwelling unit) 0.60 Hotels /motels without cooking facilities in room (per dwelling unit) 0.33 Trailer /mobile home parks (per trailer lot/space 1.00 Camper campgrounds (per camper site) 0.33 Hospital (per design bed) 0.66 Nursing /rest home (per design bed) 0.33 School with showers (per design student) 0.066 School without showers (per design student) 0.05 Diameter of Service Line commercial connections — Multiplier 4„ 6,9 g» Service station I 2X 14X SARA — Schedule of Utilities Operations Fees Exhibit E to the Second Amendment 2017 Swimming pool (commercial) 1X 2X 4X Office bldg. retail & convenience stores 1X 2X 4X Bowling alley 1X 2X 4X Theater, drive -in theater 1X 2X 4X Factory, industry — see also paragraph 1(b) hereof 1X 2X 4X Spectator stadium ix 2X 4X Church ix 2X 14X Restaurant 2X 4X 1 8X 2. Policy for Payment of Connection and Impact Fees: (a) The Customer shall certify to the San Antonio River Authority, on forms to be provided by the River Authority, the connection or connections that it desires to make to its local wastewater facilities. Simultaneously, the Customer shall tender to the River Authority its payment of all fees for which certification has been made. (b) Upon acceptance of the Customer's certificate and payment, the River Authority shall issue its permit or permits to the Customer authorizing the malting of the physical connection or connections. 3. Remedy for Failure to Pay Connection and Impact Fees: In the event that the Customer should permit a service line of any classification to be connected to its local wastewater facilities without payment of the appropriate fee(s) to the River Authority, the River Authority shall be entitled to liquidated damages in the amount of One Hundred Dollars ($100) for any such unpaid fee in addition to the appropriate fee itself. 4. Balance Due Policy: Full payment of appropriate fees shall be made for all connections for which application is made on or after the date of execution of the agreement. Where only a portion of the wastewater fee has previously been paid to secure conditional connection approval, the balance due shall be the difference between the amount paid and the fee in effect at the time the balance is paid. 5. Industrial Connection Fee and Service Charges: The provisions of SAN ANTONIO RIVER AUTHORITY Ordinance No. 0 -805, passed and approved May 15, 1985, which is by reference included herein and made a part hereof, shall govern all aspects of industrial wastes discharged to the San Antonio River Authority Martinez - Salatrillo Creeps Sewage Transportation and Treatment System, specifically SARA — Schedule of Utilities Operations Fees Exhibit E to the Second Amendment 2017 including fees and charges therefore. It is understood and agreed by the parties that when governing rules, regulations, orders, ordinances or other such requirements by the wholesale Customers are more stringent with respect to such industrial wastes, such wholesale Customer requirements shall prevail. Industrial Connection Fee and Service Charges Permit Fee — fee charged for each completed application for an industrial $25 sewer connection. Sampling Fee — fee charged to the permit holder for each on -site visit $25 conducted by SARA personnel for the purpose of gathering samples, in accordance with Section 6.4 of the Industrial Waste Ordinance. Analysis Fee — fee charged to permit holder in cases where sample Cost to analysis requirements exceed the testing capabilities of SARA's SARA laboratory (e.g. heavy metals content). SARA will arrange for samples to be collected by a contract laboratory for analysis. Over - strength Surcharge — One a case -by -case basis, SARA may waive 50% of the requirement for pretreatment prior to discharge of over - strength permit sewage (BOD and/or TSS greater than 200 MG/L) into the wastewater holder's system. To the applicable user such Over - strength Surcharge will be monthly billed quarterly by and payable directly to SARA. retail sewer service charge 6. Regulatory Assessment Fee —The Texas Regulatory Assessment Fee of one -half of one percent as established by Ordinance No. 0 -955, passed and approved September 18, 1991, is hereby ratified, confirmed and carried forward. SARA — Schedule of Utilities Operations Fees Exhibit E to the Second Amendment 2017 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE SAN ANTONIO RIVER AUTHORITY AUTHORIZING AND DIRECTING THE GENERAL MANAGER TO EXECUTE AND THE ASSISTANT SECRETARY TO ATTEST, RESPECTIVELY, AMENDMENT NO. 3 TO SEWAGE TRANSPORTATION TREATMENT AND DISPOSAL CONTRACT WITH THE CITY OF SCHERTZ Preamble WHEREAS, the SAN ANTONIO RIVER AUTHORITY has entered into a SEWAGE TRANSPORTATION, TREATMENT AND DISPOSAL CONTRACT, dated as of March 24, 2015, with the City of SCHERTZ for the purpose of providing wastewater treatment services (the "Contract "); and WHEREAS, the SAN ANTONIO RIVER AUTHORITY has developed and SCHERTZ has agreed to adjusted wholesale customer charges under the Contract beginning July 1, 2017; and WHEREAS, a copy of AMENDMENT NO. 3 TO SEWAGE TRANSPORTATION TREATMENT AND DISPOSAL CONTRACT is attached hereto as Attachment "A ". ANTONIO NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE SAJ O. That the General Manager and the Assistant Secretary be and the same hereby are authorized and directed to execute and attest, respectively, AMENDMENT NO. 3 TO SEWAGE TRANSPORTATION, TREATMENT AND DISPOSAL CONTRACT, substantially in the form as attached hereto as Attachment �'A ". PASSED AND APPROVED this 17"' day of May, 2017. MICHA t 'Ay LACKEY P.E., Chairman ATTEST: HECTOR R. MORALES, Secretary ACKNOWLEDGEMENT OF CHAIRMAN STATE OF TEXAS COUNTY OF BEXAR BEFORE ME, the undersigned authority on this day personally appeared MICHAEL LACKEY, Chairman of the Board of Directors of the SAN ANTONIO RIVER AUTHORITY, a political subdivision of the State of Texas known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said political subdivision. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17th day of May, 2017. if 4r . . . . . . . . . . . . CERTIFICATE OF SECRETARY SAN ANTONIO RIVER AUTHORITY § SAN ANTONIO, BEXAR COUNTY, TEXAS § I hereby certify the above and foregoing to be a duplicate original of Ordinance No. 0 -1439 of the Board of Directors of the SAN ANTONIO RIVER AUTHORITY as passed and approved by the members of said Board at a regular meeting of the Board of Directors of said AUTHORITY held on May 17, 2017, in San Antonio, Bexar County, Texas, at which a quorum was present, as shown by the Minutes of said meeting. IN TESTIMONY WHEREOF, witness my hand and the official seal of the SAN ANTONIO RIVER AUTHORITY on this the 171h day of May, A.D., 2017, in San Antonio, Bexar County, Texas. HECTOR R. MORAON,'Secretary F., W M, • ♦ • �� 1 C14 W-11 WTI 111161 W.1101 02 11 k1l •UTO WK6 • This Amendment No. 3 is made and entered into as of the 17th day of May, 2017, by and between the SAN ANTONIO RIVER AUTHORITY (hereinafter called "AUTHORITY "), and its wholesale customer, the CITY OF SCHERTZ, TEXAS (hereinafter called "SCHERTZ "). WITNESSETH WHEREAS, the AUTHORITY has heretofore entered into a contract with SCHERTZ, effective March 24, 2015, providing that the AUTHORITY shall transport, treat and dispose of the wastewater of the above -named wholesale customer; and WHEREAS, said contract provides that the Wholesale Customer Charge Schedule and the wholesale connection fee and impact fee schedule set out in Exhibit C thereof shall be reviewed annually and adjusted by mutual agreement of the parties in accordance with the terms and provisions of the contract; and WHEREAS, THE AUTHORITY has developed and SCHERTZ has agreed to adjusted wholesale customer charges for the Fiscal Year beginning July 1, 2017. NOW, THEREFORE, the parties hereto, in consideration of the mutual benefits, agreements and undertakings hereinafter set forth, with respect to the present long -term contracts between the parties hereby contract and agree that: Wholesale Customer Charge Schedule, which is attached hereto as Exhibit "A ", be and the same hereby is substituted as of July 1, 2017, for Exhibit C contained in the present contracts between the parties. 2. San Antonio River Authority — Schedule of Utilities Operation Fees, as attached hereto as Exhibit "B", be and the same hereby is substituted as of July 1, 2017, for Exhibit C contained in the present contracts between the parties and is hereby ratified, confirmed and carried forward. IN WITNESS WHEREOF, the parties hereto, acting under the authority of their respective governing bodies, have caused this Amendment No. 3 to be duly executed in several counterparts, each of which shall constitute an original, as of this 17th day of May, 2017. 0 Name: S EPHEN T. GRAHAM Title: Tistant Secretary ATTEST: Name: Title: �flllifll� 11118affis I R III! 111 111 K WAIKI I ►Z 10 Title; General Manager CITY OF SCHERTZ, TEXAS Name: Title: 1' Wholesale Customer Charge Schedule 1. Single Family Residential - for each single family residential unit connected to the Customer's local wastewater facilities, the Customer shall pay the following: $17.71 fixed charge plus $4.84 per 1,000 gallons of winter average water consumption per month. The charge based on winter average water consumption is waived when the unit is vacant. The winter average water consumption is defined as the computed average of the monthly metered water consumption for three consecutive billing periods that fall wholly within the prior winter's season between November 15 and the following March 15. Where the account has not established a winter average, the Customer's representative winter average shall be used. The fixed charge includes a payment for any debt of the system plus a computed capital replacement charge used for future system capital improvement projects. 2. All Other Users - for all other users, not single family residential units, connected to the Customer's local wastewater facilities, the Customer shall pay the following: $8.49 per 1,000 gallons of metered water consumption each month. 3. The effective date of this schedule shall be July 1, 2017. 1 i 1. Connection and Impact Fees. a. "Connection Fee ", as described by Water Code Chapter 49.212, means a charge or fee that is imposed by San Antonio River Authority for construction, installation, or inspection of a tap or connection to San Antonio River Authority water, sanitary sewer, or drainage facilities, including all necessary service lines and meters, for capacity in storm water detention or retention facilities and related storm water conveyances, or for wholesale facilities that serve such water, sanitary sewer, drainage, or stormwater detention or retention facilities if the charge of fee does not exceed three times the actual cost to San Antonio River Authority for such tap or connection; or if made to a nontaxable entity for retail or wholesale service, does not exceed the actual costs to San Antonio River Authority for such work and for all facilities that are necessary to provide services to such entity and that are financed or are to be financed in whole or in part by tax - supported or revenue bonds of San Antonio River Authority; or is made by San Antonio River Authority for retail or wholesale service on land that at the time of platting was not being provided with water, wastewater, drainage, or storm water detention or retention service by San Antonio River Authority. Connection Fees for the San Antonio River Authority Wastewater System are hereby established in the following multiples of one (1) Equivalent Dwelling Unit (EDU). One (1) EDU is 200 gallons per day for each single family residential dwelling unit. The required fee shall be computed by multiplying the value of one (1) Equivalent Dwelling Unit (EDU) by the appropriate multiplier from Table 1 (Impact and Connection Fee Multipliers). Where the list is ambiguous or otherwise fails to properly cover a request for sewer connection, a connection fee consistent with those listed shall be established by mutual agreement of the River Authority and the wholesale Customer, and thereafter disclosed to the applicant. Wastewater Treatment Plan Description Connection Fee per EDU SARA Wastewater System — Martinez I and II $2,150 SARA Wastewater System - Martinez III and Graytown (Martinez IV) $3,250 Highway 181 $2,150 Salatrillo Wholesale System $1,350 Salatrillo Retail System $1,350 b. "Impact Fee ", as described by 30 TAC 293.171(1), means a charge or assessment imposed by San Antonio River Authority against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to the new development, and does not include any fee or charge that is a Connection Fee. Impact Fees authorized by the Texas Commission on Environmental Quality for the San Antonio River Authority Salatrillo System are hereby established in the following multiples of one (1) Equivalent Dwelling Unit. The required fee shall be computed by multiplying the value of one (1) Equivalent Dwelling Unit by the appropriate multiplier from Table 1 (Impact and Connection Fee Multipliers). Where the list is ambiguous or otherwise fails to properly cover a request for sewer connection, a connection fee (impact fee) consistent with those listed shall be established by mutual agreement of the River Authority and the wholesale Customer, and thereafter disclosed to the applicant. SARA Wastewater System — Martinez I and $2,150 II SARA Wastewater System - Martinez III and NIA Highway 181 N/A Salatrillo Wholesale System $1,350 Salatrillo Retail System $1,350 'T'able 1. Impact and Connection Fee Multipliers Single family residence 1.00 Swimming pool 0.20 Multi - family residential, including townhouses, condominiums, duplexes, etc. (per dwelling unit) 1.00 Apartments 0.60 Hotels /motels with cooking facilities in room (per dwelling unit) 0.60 Hotels /motels without cooking facilities in room (per dwelling unit) 0.33 Trailer /mobile home parks (per trailer lot /space 1.00 Camper campgrounds (per camper site) 0.33 Hospital (per design bed) 0.66 Nursing /rest home (per design bed) 0.33 School with showers (per design student) 0.066 School without showers (per design student) 0.05 Diameter of Service Line (commercial connections) — Multiplier 4„ 6„ g„ Service station 1X 2X 4X Swimming pool (commercial) 1X 2X 4X Office bldg. retail & convenience stores 1X 2X 4X Bowling alley 1X 2X 4X Theater, drive -in theater 1X 2X 4X Factory, industry — see also paragraph 1(b) hereof IX 2X 4X Spectator stadium 1X 2X 4X Church ix 2X 4X Restaurant 2X 4X 8X 2. Policy for Payment of Connection and Impact Fees: (a) The Customer shall certify to the San Antonio River Authority, on forms to be provided by the River Authority, the connection or connections that it desires to make to its local wastewater facilities. Simultaneously, the Customer shall tender to the River Authority its payment of all fees for which certification has been made. (b) Upon acceptance of the Customer's certificate and payment, the River Authority shall issue its permit or permits to the Customer authorizing the making of the physical connection or connections. 3. Remedy for Failure to Pay Connection and Impact Fees: In the event that the Customer should permit a service line of any classification to be connected to its local wastewater facilities without payment of the appropriate fee(s) to the River Authority, the River Authority shall be entitled to liquidated damages in the amount of One Hundred Dollars ($100) for any such unpaid fee in addition to the appropriate fee itself. 4. Balance Due Policy: Full payment of appropriate fees shall be made for all connections for which application is made on or after the date of execution of the agreement. Where only a portion of the wastewater fee has previously been paid to secure conditional connection approval, the balance due shall be the difference between the amount paid and the fee in effect at the time the balance is paid. 5. Industrial Connection Fee and Service Char The provisions of SAN ANTONIO RIVER AUTHORITY Ordinance No. 0 -805, passed and approved May 15,1985, which is by reference included herein and made a part hereof, shall govern all aspects of industrial wastes discharged to the San Antonio River Authority Martinez - Salatrillo Creeks Sewage Transportation and Treatment System, specifically including fees and charges therefore. It is understood and agreed by the parties that when governing rules, regulations, orders, ordinances or other such requirements by the wholesale Customers are more stringent with respect to such industrial wastes, such wholesale Customer requirements shall prevail. Industrial Connection Fee and Service Charges Permit Fee — fee charged for each completed application for an industrial $25 sewer connection. Sampling Fee — fee charged to the permit holder for each on -site visit $25 conducted by SARA personnel for the purpose of gathering samples, in accordance with Section 6.4 of the Industrial Waste Ordinance. Analysis Fee — fee charged to permit holder in cases where sample Cost to analysis requirements exceed the testing capabilities of SARA's SARA laboratory (e.g. heavy metals content). SARA will arrange for samples to be collected by a contract laboratory for analysis. Over - strength Surcharge — One a case -by -case basis, SARA may waive 50% of the requirement for pretreatment prior to discharge of over - strength permit sewage (BOD and /or TSS greater than 200 MG/L) into the wastewater holder's system. To the applicable user such Over - strength Surcharge will be monthly billed quarterly by and payable directly to SARA. retail sewer service charge 6. Regulatory Assessment Fee — The Texas Regulatory Assessment Fee of one -half of one percent as established by Ordinance No. 0 -955, passed and approved September 18, 1991, is hereby ratified, confirmed and carried forward. Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: June 27, 2017 Department: Library Subject: Consideration and /or action approving Resolution No. 17 -R -44 authorizing a Public Library Interlocal Agreement with the City of Selma BACKGROUND The Cities of Schertz and Selma have had an interlocal agreement regarding the provision of library service to the residents of Selma since 2008. Selma officially requested an end to the agreement earlier this fiscal year, but after discussions between staff of both cities, they agreed to enter into a new agreement that modified the formula by which Selma provides funding and is anticipated to reduce the amount of funding by approximately one - third. The previous agreement stipulated that residents of Selma could use the Schertz Library without charge and that the City of Selma would pay the City of Schertz $3.32 per capita annually. The Census Bureau recently estimated Selma's population to be 10,088 as of July 1, 2016. Per the previous agreement, Selma would have paid the City of Schertz $33,492.16 for the upcoming fiscal year. Per the proposed agreement Selma will pay Schertz $15.00 per library card holder and a 15% service charge. Based on the number of library card holders from Selma and the 15% fee, Selma will pay almost $22,000. The City of Selma has approved the proposed interlocal agreement. It should be noted that the majority of Selina library card holders live in Guadalupe County, nearly 60 %, and who are entitled to use the Schertz Library as a result of an interlocal agreement the City of Schertz has with Guadalupe County. It should be noted that the City of Cibolo has also provided funding for the Schertz Library since the late 1990's. There is no interlocal agreement in place, rather the City of Schertz sends a letter to the City Manager of Cibolo requesting funding for the upcoming year in the amount of $35,000. Though this funding is not tied to Cibolo's population, by way of comparison with Selma, Cibolo's population for July 1, 2016 is estimated by the Census Bureau to be 27,855. Funding for the library is also provided by Guadalupe County as part of an interlocal agreement. Per the ILA, Guadalupe County is providing just over $215,000 annually for FY 201.6 -17 and in exchange the Schertz Library is available to all residents of Guadalupe County. Staff recommends that the City enter into a Public Library Interlocal Agreement (Selma) with the City of Selma to permit the citizens of Selma to utilize the City's library facilities. The proposed CCM Selma ILA.doc City Council Memorandum Page 2 Interlocal Agreement is for one fiscal year, from October 1, 2017 through September 30, 2018, and renews each successive year. The agreement can be terminated by either party with written notice at least 90 days prior to the agreement's end. FISCAL IMPACT The City will collect our non - resident fee of $15.00 per Selma card holder based upon the number of Selma residents holding cards on or about October 1, 2017 as well as a 15% service charge. This is expected to generate approximately $20,000 - 21,000. This is a reduction in revenue of about $10,000- $11,000 as compared to previous years. See Section 3 of the Public Library Interlocal Agreement (Selma) attached to Resolution 17 -R -46. The Schertz Library budget is approximately $845,000 annually. It should be noted that it has been the Schertz Library's practice to allow residents of the State of Texas to use the library free of charge. Out of state residents pay $15.00 per person per year to have full access to all resources. The Texas State Library has a program called Texshare that Schertz participates in. The program allows Schertz Library cardholders to have access to resources, though often on a limited basis, at other participating libraries, including the San Antonio Public Library System, Seguin Library and the New Braunfels Library System. RECOMMENDATION Adoption of Resolution 17 -R -44. While staff is disappointed in the City of Selma's initial decision to terminate the library funding /use agreement and the reduced funding level provided under the proposed agreement, the feeling is that the level of funding proposed allows the Library to provide a higher level of service to our residents. ATTACHMENT Resolution 17-R-44 with Public Library Interlocal Agreement (Selma) attached. RESOLUTION NO. 17 -R -44 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PUBLIC LIBRARY INTERLOCAL AGREEMENT (SELMA) WITH THE CITY OF SELMA, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the "City Council ") of the City of Schertz (the "City ") has determined that it is in the best interest of the City to enter into a Public Library Interlocal Agreement (Selma) with the City of Selma, Texas ( "Selma "), permitting the citizens of Selma to utilize the services of the City's public library; now, therefore, 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 Public Library Interlocal Agreement (Selma) with Selma in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 27`i' day of June, 2017. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, TRMC, CMC City Secretary (CITY SEAL) SCHERTZ Selma ILA Library.doc EXHIBIT A PUBLIC LIBRARY INTERLOCAL AGREEMENT See attached SCHERTZ Selma ILA Library.doc A -]. This Public Library Interlocal Agreement, effective as of October 1, 2017 (this "Agr-w-Anent!��,, is between the C�vr-����-*,olitical subdivision of the State of Texas ("Schertz"), and the City of Selma, Texas, a olitical subdivision of the State of Texas p C'Selma"). WHEREAS, Selma and Schertz have determined to enter into this Agreement relating to the provision of free public library services to the citizens of Selma (the "Library Services"), and to set out the purposes, terms, rights, objectives, duties, and responsibilities of Selma and Schertz with respect thereto,- WHEREAS, Selma and Schertz have determined that the provision of the Library Services is a public purpose and within their statutory powers of government; and WHEREAS, Selma and Schertz are political subdivisions of the State of Texas and are authorized to execute this Agreement pursuant to Texas Government Code Chapter 791.001, as amended; NOW, THEREFORE, SELMA AND SCHERTZ, ACTING BY AND THROUGH THEIR DULY AUTHORIZED OFFICERS, HEREBY COVENANT AND AGREE AS FOLLOWS: (a) Schertz agrees that, during the term of this Agreement, the citizens of Selma may utilize the Schertz public library without charge. Section 7. Amendments. This Agreement represents the complete understanding Selma and Schertz with respect to the matters described herein, and this Agreement may not zmended or altered without the written consent of both parties. I Section 8. Source of PU Ment Each party paying for the performance • governmental functions or services under this A , ement shall make such 3aments from current revenues available to the paying party. Section 9. Governing Law. This Agreement shall be governed by the laws of the State of Texas. I 111pill 11111 1111 1 �illiill 11 1�11= IN WITNESS WHEREOF, ©' undersigned have entered into this Public Library Interlocal Agreement, effective as of the date first above written. By: Ton(Qaly, Ma\or M 1-M Agenda No. 10 0111 &WOU111►`[4I WiVA 10I01 [o7 710 11110 1 City Council Meeting: June 26, 2017 Department: City Manager Subject: Resolution No. 17 -R -18 - Consideration and/or action approving a Resolution appointing and reappointing Directors of the Tax Increment Reinvestment Zone Number Two, City of Schertz and related matters in connection therewith. (B. James) The terms of the City's appointees to the Tax Increment Reinvestment Zone (TI.RZ) Number Two (Sedona/Crossvine) have expired. Per Ordinance 06 -T -61 that designated the Zone, the City shall appoint Six Directors to the Zone's Board of Directors. Bexar County shall appoint two Directors, the San Antonio River Authority shall appoint one Director and the State Representative and State House :Representative shall also each appoint one Director. Staff recommends that John Bierschwale, Bob Cantu, Mayor Michael Carpenter, Chris Price, and Gary Inmon be reappointed and that P &Z Chairperson Michael Dahle be appointed to replace former P &Z Chairperson David Richmond. All will be appointed for two year terms, through June 27, 2018. Goal Appoint and reappoint Directors to the Tax Increment Reinvestment Zone Number Two. Community Benefit Provides oversight of the Tax Increment Reinvestment Zone Number 2. Summary of Recommended Action Recommend approval of Resolution 1.7 -R -18 appointing six Directors to the Tax Increment Reinvestment Zone Number 2 Board of Directors. FISCAL IMPACT N/A RECOMMENDATION Approval of Resolution 17 -R -18 appointing six Directors to the Tax Increment Reinvestment Zone Number 2 Board of Directors. ATTACHMENT Resolution 17 -R -1.8 RESOLUTION NO. 17 -R -18 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPOINTING AND REAPPOINTING DIRECTORS OF REINVESTMENT ZONE NUMBER TWO, CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, Reinvestment Zone Number Two, City of Schertz, Texas (the "Zone ") is governed by a Board of Directors (the "Board ") consisting of eleven total directors (the "Directors "); WHEREAS, six Directors are appointed by the City of Schertz, two Directors are appointed by Bexar county, and one Director is appointed by each of the San Antonio River Authority, the State Representative for the Zone, and the State Senator for the Zone; Whereas, John Bierschwale, Bob Cantu, Michael Carpenter, Gary Inmon, David Richmond and Chris Price are currently Directors of the Zone, and their terms have expired; Whereas, the City Council desires to reappoint John Bierschwale, Bob Cantu, Michael Carpenter, Gary Inmon and Chris Price to their positions as Directors of the Zone; Whereas, the City Council desires to appoint Michael Dahle as a Director of the Zone to fill a vacancy. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby reappoints John Bierschwale as a Director of the Zone, with a term ending June 27, 2018. Section 2. The City Council hereby reappoints Bob Cantu as a Director of the Zone, with a term ending June 27, 2018. Section 3. The City Council hereby reappoints Michael Carpenter as a Director of the Zone, with a term ending June 27, 2018. Section 4. The City Council hereby reappoints Gary Inmon as a Director of the Zone, with a term ending June 27, 2018. . Section 5. The City Council hereby reappoints Chris Price as a Director of the Zone, with a term ending June 27, 2018. . Section 6. The City Council hereby appoints Michael Dahle as a Director of the Zone, with a term starting on the dates hereof and ending June 27, 2018. Section 7. 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 8. 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 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 10. 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 11. 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 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 27th day of June, 2017 CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Agenda No. 11 CITY COUNCIL MEMORANDUM City Council Meeting: June 27, 2017 Department: Planning Subject: Resolution No. 17 -R -42 Consideration and/or action approving a Resolution authorizing an amendment to the existing Development Agreement (Schaefer Road /FM 1518 Area) for the Friesenhahn property on FM 1518 near Schaefer Road. BACKGROUND: In April 2011, . the City entered into a development agreement regarding the timing of annexation of properties owned by Mr. and Mrs. Milton Friesenhahn. The agreement generally stipulated that the City would not annex their properties for 10 years if they did not develop. One of the tracts owned by the Friesenhahn is at the northeast corner of Corbett Drive and FM 1518, directly south of the future Rose Garden Elementary School that is currently under construction. During the site planning stage of the project it was generally agreed that the southern entrance drive for the school should be located directly across FM 1518 from Arbor Park, the street that is the southern entrance to the Willow Grove subdivision (Rose Garden Elementary School will have another drive on FM 1518 that aligns with Pecan Branch, the northern entrance into the Willow Grove subdivision). The school property stops just short of that point, and is owned by the Friesenhahns. The attached Rose Garden Elementary School site plan shows how the drives will be misaligned if and easement is not granted. SCUCISD approached the Friesenhahn's about acquiring an access easement on their property that would align with Arbor Park and serve both the Rose Garden Elementary School site and the Friesenhahn's property when it develops, likely for commercial uses. Rather than wanting to sell the easement to the District, the Friesenhahn's indicated they wanted the City to grant an extension to their delayed annexation agreement. They wanted the agreement to be extended by 5 additional years, so that annexation would not occur prior to 2026 if the properties did not develop. They also wanted assurances they would be granted an access drive off of Corbett Drive if it met all City standards, something the City would have done anyway. While this is really an issue between SCUCISD and the Friesenhahn's, if they cannot reach agreement, which they have not been able to up to this point, and the entrance to Rose Garden Elementary School is offset from Arbor Park, Schertz residents will suffer the consequences of increased traffic congestion which is a significant issue on FM 1518 and also challenges 50492900.1 City Council Memorandum Page 2 associated with access to an elementary school, something that is a great concern to the City and residents. GOAL: To reduce vehicle conflict points, reduce traffic congestion and provide for improved safety. FISCAL IMPACT There is no significant fiscal impact to the City of Schertz as the ad valorem revenue that will not be received during the 5 year extension is minimal if the properties remain undeveloped and retain their Agricultural exemptions. If portions of the properties develop or lose their Agricultural exemptions, those portions would be annexed at that time. Approval of Resolution. No. 1.7 -R -42 ATTACHMENT Resolution No. 17 -R -42 Amended Development Agreement Original Development Agreement Rose Garden Elementary School Site Plan RESOLUTION NO. 17 -R -42 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE EXISTING DEVELOPMENT AGREEMENT (SCHAEFER ROAD /FM 1518 AREA), AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, a Development Agreement between the City of Schertz (City) and Milton and Billie Friesenhahn (Landowners) was entered and effective on April 19, 2011 regarding the real property located in Bexar County, Texas; and, WHEREAS, in December, 2012 . Milton and Billie Friesenhahn executed a Special Warranty Deed conveying a portion of the interest in the Land to Elizabeth Ann Basha, Jeanne Marie Zwicke, and Katherine Menk; and, WHEREAS, the Land is just south of the Schertz, Cibolo, Universal City Independent School District (ISD) site that is under construction for Rose Garden Elementary School; and, WHEREAS, the ISD desires an easement to locate a drive approach on FM 1518 that would be located on the Land; and, WHEREAS, City desires to align the drive approach for the ISD with Arbor Park Lane, the road that is the primary entrance to the Willow Grove subdivision across FM 1518, to minimize conflict points and protect the health safety and welfare of those traveling in the area; and WHEREAS, Landowners, as consideration for accommodating the requested alignment of the drive approach on FM 1518 has requested the City to allow future a curb cut on Corbett Drive, assuming it meets all requirements as established in the Subdivision Regulations of the City at the time of the curb cut, to be made at the expense of the Landowners; and, WHEREAS, Landowners, as additional consideration for accommodating the requested alignment of the drive approach on FM 1518 has requested the City defer annexation for an additional five (5) years under the Agreement. WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an amendment to the development agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the Amendment to the Development Agreement (FM 151.8 /Schaefer Road/I -1.0 Area) attached hereto as Exhibits A; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: The City Council hereby authorizes the City Manager to execute the Amendment to the Development Agreement (FM 1518 /Schaefer Road /I -10 Area) in substantially the form set forth on Exhibit A. Section 1. 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 2. 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 3. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 4. 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 5. 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 6. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 27th day of June, 2017. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) EXHIBIT A (FM 1518 /SCHAEFER ROAD -I -10 AREA) 50494755.1 A -1. Amendment to Development Agreement (FM 1518 /Schaefer Road /I -10 Area) WHEREAS, a Development Agreement (Agreement, Attachment 1) between the City of Schertz (City) and Milton and Billie Friesenhahn (Landowners) was entered and effective on April 19, 2011 regarding the real property located in Bexar County, Texas and described in Attachment 2 labeled Exhibit A (Land); and, WHEREAS, in December, 2012 Milton and Billie Friesenhahn executed a Special Warranty Deed conveying a portion of the interest in the Land to Elizabeth Ann Basha, Jeanne Marie Zwicke, and Katherine Menk; and, WHEREAS, the Land is just south of the Schertz, Cibolo, Universal City Independent School District (ISD) site that is under construction for Rose Garden Elementary School; and, WHEREAS, the ISD desires an easement to locate a drive approach on FM 1518 that would be located on the Land; and, WHEREAS, City desires to align the drive approach for the ISD with Arbor Park Lane, the road that is the primary entrance to the Willow Grove subdivision across FM 1518, to minimize conflict points and protect the health safety and welfare of those traveling in the immediate area; and WHEREAS, Landowners, as consideration for accommodating the requested alignment of the drive approach on FM 1518 has requested the City to allow future a curb cut on Corbett Drive, assuming it meets all requirements as established in the Subdivision Regulations of the City at the time of the curb cut, to be made at the expense of the Landowners; and, WHEREAS, Landowners, as additional consideration for accommodating the requested alignment of the drive approach on FM 1518 has requested the City defer annexation for an additional five (5) years under the Agreement. Landowners shall negotiate the terms of an easement with ISD to allow for the location of a drive approach on FM 1518 to align with Arbor Park Lane, the road that is the primary entrance to the Willow Grove subdivision across FM 1518 and as generally depicted in Attachment 3 (Drive Approach). 2. Landowners, at their sole expense, shall be allowed a curb cut from the Land to Corbett Drive provided the proposed curb cut meets all of the requirements as set forth in the Subdivision Regulations of the City at the time Landowners are ready to establish the contemplated connection. 3. Section 5 Term; Annexation at End of Term, (a), is hereby amended as set forth below: The term of this Agreement (the "Term ") is the earliest to occur of (i) to (10) fifteen (15) years after the Effective Date of this Agreement, (ii) loss or expiration of appraisal of the Land under Chapter 23 for agricultural, wildlife, or timber land purposes, (iii) termination of this Agreement pursuant to Section 3 hereof, or (iv) if it is determined by the City that any of the persons who have executed this Agreement as the Landowner failed to inform the City of any person or entity having an ownership interest in the Land on the Effective Date who has not executed this Agreement. 4. All other portions of the Agreement shall remain in full force and effect. 5. This Amendment to Development Agreement and Attachments shall run with the Land and be recorded in the real property records of Bexar County, Texas. IN WITNESS WHEREOF, the City and Landowner have executed this Amendment to Development Agreement by duly authorized representatives, on this the day of , 2017. THE CITY: City of Schertz, Texas THE STATE OF TEXAS CK�lil�f 11'Z�J�[�il= \�7_ \Ilil��] John C. Kessel, City Manager This instrument was acknowledged before me on the day of John C. Kessel, as City Manager of the City of Schertz, Texas on behalf of such City. (SEAL) 2017 by Notary Public in and for the State of Texas My Commission Expires: THE LANDOWNER: Milton Friesenhahn By: Milton Friesenhahn THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the day of Friesenhahn, Landowner. (SEAL) 2017 by Milton Notary Public in and for the State of Texas My Commission Expires: THE LANDOWNER: Billie Friesenhahn By: Billie Friesenhahn THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the day of 2017 by Billie Friesenhahn, Landowner. (SEAL) Notary Public in and for the State of Texas My Commission Expires: THE LANDOWNER: Elizabeth Ann Basha By: Elizabeth Ann Basha THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the day of 2017 by Elizabeth Ann Basha, Landowner. (SEAL) Notary Public in and for the State of Texas My Commission Expires: THE LANDOWNER: Jeanne Marie Zwicke By: Jeanne Marie Zwicke THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the day of 2017 by Jeanne Marie Zwicke Landowner. (SEAL) Notary Public in and for the State of Texas My Commission Expires: THE LANDOWNER: Katherine Menk By: Katherine Menk THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the day of 2017 by Katherine Menk, Landowner. (SEAL) Notary Public in and for the State of Texas My Commission Expires: 1 1 1 1 1 1 II I I I II II II I I I II II I i If�l II I I I I i l 11 II I I INI II i i Ilfli III LT1 -81- 20110068808 -1 DEVELOPMENT AGREEMENT (Schaeffer Road/FM 1518 Area) Q This Development Agreement (this "Agreement ") dated April 19, 2011 (the "Effective Date ") is between the City of Schertz, a political subdivision of the State of Texas (the "City "), fQ and Milton Friesenhahn and Billie Friesenhahn (whether one or more, the "Landowner "). RECITALS: WHEREAS, the real property located in Bexar County, Texas and described on Exhibit A (the "Land ") is owned by the Landowner as further described on Exhibit A and is currently within the City's extraterritorial jurisdiction; WHEREAS, the City has expressed its interest in annexing the Land into the City's corporate boundaries; WHEREAS, the Landowner desires to have the Land remain in the City's extraterritorial jurisdiction, in consideration for which the Landowner agrees to enter into this Agreement; WHEREAS, the Land is eligible to be the subject of a development agreement under Subchapter G, Chapter 212, of the Texas Local Government Code, as amended (the "Local Government Code "): WHEREAS, all or a portion of the Land is currently appraised for ad valorem tax purposes as land for agricultural or wildlife management use or as timber land under Subchapter C, D, or E, Chapter 23, of the Texas Tax Code, as amended; WHEREAS, this Agreement is entered into pursuant to Sections 43.035(b)(1) and 212.172 of the Local Government Code in order to (i) guarantee the continuation of the extraterritorial status of the Land for the Term (defined below) of this Agreement and (ii) authorize the enforcement of all regulations and planning authority of the City that do not interfere with the use of the Land for agriculture or wildlife management, or as timber land; WHEREAS, the Landowner and the City agree that this Agreement satisfies the requirements of Sections 43.035 and 212.172 of the Texas Local Government Code, as amended, and acknowledge that this Agreement is binding upon the City and the Landowner and their respective successors and assigns for the Term of this Agreement; WHEREAS, the City Council of the City has duly authorized the City Manager or an Assistant City Manager to execute this Agreement and to deliver it to the Landowner; and WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Bexar County, Texas. AFTER RECORDING RETURN TO: Michael L. Spain Fulbright & Jaworski L.L.P. 300 Convent Street, Suite 2200 San Antonio, Texas 78205 LT2- 14932 - 1553 -14 For and in consideration of the mutual promises, covenants, benefits, and obligations hereafter set forth, the City and the Landowner agree and contract as follows: Section 1. City Covenants. The City guarantees the continuation of the extraterritorial status of the Land, its immunity from annexation by the City, and its immunity from City property taxes, for the Term (as defined in Section 5) of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to institute proceedings to annex the Land unless requested in writing to do so by the Landowner or its successors and assigns, and further agrees not to include the Land in a statutory annexation plan for the Term of this Agreement. However, if the Land is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Land pursuant to Chapter 43 of the Local Government Code; otherwise, the City shall not be obligated to provide the Landowner with any municipal services (including by way of example only police protection, fire protection, drainage or street construction or maintenance) with respect to the Land during the Term of this Agreement. Section 2. Landowner Covenants. The Landowner covenants and agrees as follows: (a) The Landowner will not use the Land for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, except for existing single - family residential use of the Land, without the prior written consent of the City. (b) The Landowner will not file or cause to be filed any type of subdivision plat or related development document for the Land with Bexar County, Texas or the City without the prior written consent of the City. (c) The Landowner will not construct, or allow to be constructed, any buildings on the Land that would require a building permit if the Land were in the City limits, without securing such a building permit. The Landowner also covenants and agrees that the City's R- A— Single - Family Residential /Agricultural District zoning requirements apply to the Land, and that the Land shall be used only for R- A— Single- Family Residential /Agricultural District zoning uses that exist on that Land on the Effective Date of this Agreement, as if the Land were in the City limits, without the prior written consent of the City. However, the Landowner may construct an accessory structure to an existing single family dwelling in compliance with all City ordinances and codes that would be applicable if the Land were in the City limits, including but not limited to the first sentence of this subsection (c). (d) In addition to the foregoing, pursuant to Section 43.035(b)(1)(B) of the Local Government Code, the Landowner agrees that the Landowner will comply with, and that the City is authorized to enforce, all of the City's regulations and planning authority that do not materially interfere with the use of the Land for agriculture, wildlife management, or as timber land, as applicable, in the same manner such regulations and authority are enforced within the City's municipal boundaries, including but not limited to the regulations and planning authority found in the following: 50412658.1 2 (i) the City's Code of Ordinances, including but not limited to specifically Chapter 50, Article IV, relating to the regulation of guns, BB guns, and pellet guns by the City; (ii) the City's Unified Development Code; (iii) all City Ordinances and Resolutions; and (iv) applicable state or federal law. (e) The Landowner (i) covenants that all persons or entities having any ownership interest in the Land on the Effective Date have executed this Agreement and (ii) acknowledges that each and every owner of the Land must sign this Agreement in order for this Agreement to take full effect, and all persons who sign this Agreement as the Landowner covenant and agree, jointly and severally, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Land who has not signed this Agreement, arising in any way from the City's reliance on this Agreement. Section 3. Remedies; No Vested Rights. The Landowner acknowledges that, if the Landowner takes any action in violation of any provision in Section 2 of this Agreement, then in addition to the City's other remedies, such act will, at the discretion of the City, cause the termination of this Agreement and constitute a petition by the Landowner for voluntary annexation, and the Land will then be subject to annexation at the discretion of the City Council. The Landowner agrees that such annexation shall be voluntary and the Landowner hereby consents to such annexation as though a petition for such annexation had been tendered to the City by the Landowner. If annexation proceedings begin pursuant to this Section, the Landowner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan, and agrees that the City will not be required to offer to enter into a further development agreement pursuant to Section 43.035(b) of the Local Government Code. Furthermore, the Landowner hereby waives any and all vested rights and claims that the Landowner may have under Section 43.002(a)(2) and Chapter 245 of the Local Government Code that would otherwise exist by virtue of any actions Landowner has taken in violation of Section 2 herein. Section 4. Eminent Domain. The City specifically reserves its authority pursuant to Chapter 251 of the Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 5. Term; Annexation at End of Term. (a) The term of this Agreement (the "Term ") is the earliest to occur of (i) ten (10) years after the Effective Date of this Agreement, (ii) loss or expiration of appraisal of the Land under Chapter 23 for agricultural, wildlife, or timber land purposes, (iii) termination of this Agreement pursuant to Section 3 hereof, or (iv) if it is determined by the City that any of the persons who have executed this Agreement as the Landowner 504126581 3 failed to inform the City of any person or entity having an ownership interest in the Land on the Effective Date who has not executed this Agreement. (b) The Landowner, and all of the Landowner's heirs, successors, and assigns, shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Land to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence (but not conclude) the Landowner's voluntary or deemed voluntary request for annexation of the Land by the City. In connection with annexation pursuant to this Section, the Landowner hereby waives any vested rights it may have under Section 43.002(a)(2) and Chapter 245 of the Local Government Code that would otherwise exist by virtue of any plat or construction the Landowner may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Initial Zoning Upon Annexation. Except as provided below, when the Land is annexed as agreed pursuant to this Agreement, it will initially be zoned Predevelopment (PRE) pursuant to the City's Unified Development Code, pending determination of the Land's permanent zoning in accordance with the provisions of then applicable law and the City's Unified Development Code. Alternatively, the City may, pursuant to its Comprehensive Land Plan, designate a different zoning category that will be effective as to the Land when it is annexed. Section 7. Sale of Land; Change in Exemption Status. (a) Any person who sells or conveys any portion of the Land shall, prior to such sale or conveyance, give prior written notice of this Agreement to the prospective purchaser or grantee, and shall give prior written notice of the sale or conveyance to the City. Furthermore, the Landowner and the Landowner's heirs, successor, and assigns shall give the City written notice within 14 days after any change in the appraisal status of the Land under Subchapter C, D, or E, as applicable, of Chapter 23 of the Texas Tax Code. A copy of any notice required by this Section shall be delivered to the City at the address provided in Section 14. (b) If the Landowner is in full compliance with this Agreement and the Land is conveyed in whole or in part by the Landowner to another person or persons (the "New Landowner ") who notifies the City in writing of such conveyance (fully identifying the portion of the Land so conveyed) and who agrees to continue to fully comply with all provisions of this Agreement, the City will enter into a Development Agreement with the New Landowner with respect to the portion of the Land so conveyed but only for the then - remaining term of this Agreement. If the Landowner conveys all of the Land, this Agreement will terminate. If the Landowner conveys a portion of the Land but is otherwise in compliance with the provisions of this Agreement, Exhibit A will be amended to delete the Land that has been conveyed. Section 8. Recordation. This Agreement shall run with the Land and be recorded in the real property records of Bexar County, Texas. 50412658.1 4 Section 9. Subsequent Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the Land covered herein pursuant to the terms of this Agreement. Section 10. Survival. This Agreement shall survive its termination to the extent necessary for the City to implement the provisions of Sections 3, 4, and 5 herein. Section 11. No Implied Waiver. The failure of either party hereto to insist, in any one or more instances, upon performance of any of the terms, covenants, or conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant, or condition by the other party hereto, but the obligation of such other party with respect to such future performance shall continue in full force and effect unless agreed to otherwise by all parties. Section 12. Successors and Assigns. This Agreement is binding on the City and the Landowner and on their respective successors and assigns for the term of this Agreement. Section 13. Approvals or Consents. Execution, delivery, and performance of this Agreement have been approved by the City Council of The City. Whenever this Agreement requires or permits approvals or consents to be hereafter given by any party hereto, the parties agree that such approval or consent shall not be unreasonably withheld. Such approval or consent shall be given in writing and shall be effective without regard to whether given before the time required herein. Section 14. Addresses and Notices. Unless otherwise provided in this Agreement, any notice, communication, or request (herein severally and collectively for convenience called "notice ") herein provided or permitted to be given, made, or accepted by either party to the other must be in writing and may be given or be served in person or by depositing the same in the United States Mail, postpaid and registered or certified and addressed to the party to be notified. Notice deposited in the mail in the manner herein above described shall conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties shall, until change as hereinafter provided, be as shown below. The parties shall have the right to specify as its address any other address in the State of Texas by giving at least fifteen (15) days written notice to the other party. If to the Cite: City of Schertz, Texas 1400 Schertz Parkway Schertz, Texas 78154 Attn: City Manager 50412658 I 5 If to the Landowner: Milton Friesenhahn 12691 Lower Seguin Road Schertz, Texas 78154 Section 15. Severability. The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section, or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to the other persons or circumstances shall not be affected thereby. Section 16. Merger. This Agreement, together with such descriptions, terms and conditions as may be included in the Exhibit attached hereto, constitute the entire agreement between the parties relative to the subject matter hereof. There have been and are no agreements, covenants, representations, or warranties between or among the parties as to the subject matter hereof other than those expressly stated or provided for herein. Section 17. Cooperation. Each party hereby agrees that it will take all actions and execute all documents necessary to fully carry out the purposes and intent of this Agreement. Section 18. Governing Law. This Agreement shall be governed by the laws of the State of Texas, and venue is agreed to be in Guadalupe County, Texas. Section 19. Counterparts. This Agreement may be signed in one or more counterparts, and all of such counterparts together shall be deemed to be a single document. [The remainder of this page intentionally left blank.] 5041265$.1 6 IN WITNESS WHEREOF, the City and the Landowner have executed this Agreement by duly authorized representatives, all as of the Effective Date first above written. THE CITY: City of Schertz, Texas By:_ -_ Don E. Taylor, C' Manager THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the Tday of April, 2011 by Don E. Taylor, as City Manager of the City of Schertz, Texas, on behal of such City. (SEAL:) fi SAHAF F. GONZALEZ y * * '401 .1r,. Public y -f Texas y eC oF = 'c.rrr. f xw_ 10 37 -2012 :' 4&1�A � 6-WoAn: Notary Public in an or The State of Texas My Commission Expires: 50412658.1 S -1 THE LANDOWNER: Milton Friesenhahn Billie Friesenhahn THE STATE OF TEXAS COUNTY OF &,( L'- § This instrument was acknowledged before me on the �0—day of April, 2011 by Milton Friesenhahn. (SEAL) �aaw�►Aaaaaaaaaaaaaaaaaaaaa CYNTKA ANNE RALE04 le Notary F'ubliCc State of Taus Comm. Exp. 02-11-2015 Notary Public 4n and for The State of Texas My Commission Expires: tz 1 L THE STATE OF TEXAS § 4 § COUNTY OF '' ] L�e, § This instrument was acknowledged before me on the day of April, 2011 by Billie Friesenhahn. (SF,AL) CYNTI�ANNE RAI.E w Notary Pubk * state Of Tense OF CM M. Ems. Oe- 11.2015 Notary Pu lic in Ad for The State of Texas My Commission Expires: 1 c9-G1 a) 504126581 S -2 Exhibit A Legal Description of the Land TRACT I Note: Owned by Milton and Billie Friesenhan Being 11.651 acres of land, more or less, out of the Julian Diaz Survey No. 66, Abstract 187, Bexar County, Texas, and being 11.651 acre Tract 2 out of that certain 87.59 acre tract of land conveyed by Edwin Katt, et ux, to Melvin Katt, et us, by deed dated August 24, 1965, and recorded,- in Volume 5419, on Page 329 of the Deed Records of Bexar:,"Cunty, Texas, and described more particularly by metes and bounds as follows: FROM an,iron pin and corner post in the Northwest line of the Lower Seguin Road, set for the South corner of the above described Melvin Katt 87.59 acre tract; THENCE with the fence, the Northwest line of the said Lower Seguin Road, N. 60 deg.,. 00 min. E. 338.66 feet to an iron pin set for the East corner of 11.651 acre Tract I, for the South corner and POINT OF BEGINNING of the herein conveyed 11.651 acre Tract 2; THENCE with the Northeast line of 11.651 deg. 58 min. W. 1,499.74 feet to an iron p Northwest line of the Julian Diaz Survey line of the said Melvin Katt 87.59 acre North corner of 11.651 acre Tract I, for this tract; acre Tract I, N. 27 in 'in the fence, the No. 66, a Northwest tract, set for the the West corner of THENCE with the fence, the Northwest line of Survey No. 66, a Northwest line of the said Melvin Katt 87.59 acre tract, N. 59 deg., 56 min. E. 334.03 feet to an iron pin and corner post set in the Southwest line of 27.842 acre Tract 3, for a re- entrant corner of the said Melvin Katt 87.59 acre tract, for the North corner of this tract; THENCE with the Southwest line of the said 27.842 acre Tract 3, S. 28 deg. 19 min. E. 1,499.88 feet to the iron pin in the fence, the Northwest line of the Lower Seguin Road, set for the south corner of the said 27.842 acre 'Tract 3, for the East corner of this tract; THENCE with the fence, the Northwest line of the Lower Seguin Road, S. 60 deg., 00 min. W. 343.11 feet to THE PLACE OF BEGINNING. 50412658.1 A -1 TRACT II Note: Owned by Milton and Billie Friesenhan BEING 3.423 acres of land, more or less, out of Lot 1, Block 1, County Block 5057, Friesenhahn Subdivision, Bexar County, Texas according to plat recorded in Volume 8700, Page 229 of the Deed and Plat Records of Bexar County, Texas and being more particularly described as follows: BEGINNING at an iron rod found for the most southeasterly corner of this tract and the most southeasterly corner of the above referenced Lot 1, said port also being the most northeasterly corner of a 5.605 acre tract described in Volume 2103, Page 825 of the Real Property Records of Bexar County, Texas; THENCE, S 60 °00'00" W,(Ref. Brg.) 992.49 feet along the common line with said 5.605 acre tract to an iron rod set in same for the most southwesterly corner of this tract; THENCE, N 30 000'00" W, 150.47 feet crossing said Lot 1, along the common line with a 0.750 acre tract, surveyed this day, to an iron rod set in the common line with a 17.429 acre tract described in Volume 2103, Page 825 of the Real Property Records of Bexar County, Texas for the most northwesterly corner of this tract; THENCE, N 60 °00'00" E, 989.62 feet along the common.line with said 17.429 acre tract to an iron rod found for the most northeasterly corner of this tract and the most northeasterly corner of said Lot l; THENCE, S 31005'38" E, 150.50 feet along the common fence line with a 1 .216 acre tract described in Volume 3338, Page 2034 of the Real Property Records of Bexar County, Texas and the common fence line with a 0.731 acre tract and a 1.129 acre tract described in Volume 2388, Page 2181 of the Real Property Records ofBexar County, Texas to the POINT OF BEGINNING and containing 3.423 acres of land, more or less. 50412658.1 A -2 ALL THAT CERTAIN LOT, TRACT OR iARCEL OF LAND' CONTAINING 5.605 ACRES OF LAND OUT OF`THE HERMAN KOEHLER 150.,25 ACRE- SUBDIVISION OUT -OF THE M:S. BENNET SURVEY' NO. 75, ABSTRACT 61, C.B.. 5057,9' SAID 5.605 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED, BY METE$,AND BOUNDS AS- FOLLOWS: BEGINNING at an iron pin set:-on the east line of '�M:'151$, said paint' .. " being 1900.44' in a southerly - directipn from the ,south, line of Sciiaefe>r .' Road; ; THENCE : -'N. 60 °00` E l a�long."he soufh'*e t=.lirie:.of Lot: ],;` -- Block.', 5057 Fri esenhahn. Subd?Yision ,recorded in' Volume 8700,..Page': to an iron pin set on an-;e xis'ting. fence line for. -..the northeasf.`corner. of this :tract; y THENCE: S 30 °00" E., along-an.ex1st-i,ng fence Ting," a' distance of 2ti0.00- to a 1. 1/2" pipe found for the southeast corner. of 'this. ,tract; ' THENCE: S. 60 °00' W. along the southeast, line .of this ,tract, a - dista.noe of :1220.77'- to an' iron pin set on '•the,' east Iina•of FX 1518 for'.the: southwest corner of this-tract; THENCE,: Ni: 29 °,5452 "' W:, 125:38 ft. along the east.line: of F.M. an iron .pin set' at the point a curvature- of a curve tp ;'the left, for a corner of this tract; - THMCE;r along said: curve to; the• left hawing. a central ' angle_ Of 0-44".80 a 1radi its ' of _ 5720:0'., a tangent o€ ;37.. 31-` ft:. and . an arc. "Tenoth of 74; 62, ft.". to the' point of beginning. and confain�nq 5.605 nre$'nf land. ... 50412658.1 A -3 i ALL THAT CERTAIN10T, TRACT.:OR PARCEL OF LAND CONTAINING 17.429 ACRES OF LAND OUT OF JHE HERMAN KOEHLER 150.25 ACRE SUBDIVISION OUT OF THE M.S. BENNET SURVEY NO. 75, _. '.ABSTRACT. 61, C.B. 5057, SA10' 17.429 ACRE TRACT WING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNTNG.at-an iron pin sev on the east. line off" F.M. 1518, said point- be ing 1138.75' iri'.a southerly direction' from the south line- of-Schaefer, Road; - THEN%_ N. 59 °43 -16 ", E .; :1.241.43' to an iron pin set on :an existing A fence v line 'for. ihe"ndrth6akt cgrner.;gf this, tract; , THENCE: 5.30 °00' .E,', %al•ong an•,eXisting ;fence, line, a ,�isfar�ce of:.617:40'1 �to.an iron pin Set` ftr.,the'.south'east . corner.of this trac.t;.:said,po'fnt . also beipg the northea$°t,co'raer : o',f',Ldt 1,- ;814Gk 1;.:C.B. BQ 7; Fr.►'esetihabn:..; Subdi vision recorde : i n; ;Vol 6me'-,.8700 Page. 2 9 '',pl at' records * of Bexa r County; - Texas; - .. .WHENCE: *S:• 60 °091- W:;`•.alofig the. northwest" I'ine,of said Fri esenhahn 'Sub -.. .,division;:.a distari�ce .of.:.12Z5.48' .to'an..iron; pi.ri set..ori:;the :east line of . .. . -F-A 1518 :for the southwest'. cQrner of this tract; - THENCE: N. ,,32 °l6' W. ; . A ljb ig the east I14..Of F.-, A. 1518, a dista rice 0.292.50' to an ,iron.'; -pin sett for .a•'cox'ner of this tract, said point also being, the -= -. => -- - -_- point;of-beginn'i,ng of a curve,to the right; THENCE: alon 'the east 'line `.of F.M. 151,8 al�onq $aid curve to, the. right ,. whose del ta, s 2 °19' radius'. 'i s 5690' ,'tangent -,i s 115:05' and a 230.07'.' to an 'iron 016 j6t. for a" corner of th`i5 tract• ' . a., t 1 � e. f ,•� N 3~ "RL \ � j iit Y }`YR`. �+. • ~ • r j T- THENCE - .N 2 \9 °57' 1J ''`� 7 o the r 3i �,,;.a nq east A. ne�of F.M �.1518,'a dts'tance of 89.QT' to tbe`: point of tieginrti�ng and` contai iinq 'iZ.929 acres' . Vii..._.... ':>•_. 50412658 1 A -4 Tract III Note: Owned solely by Milton Friesenhahn 135.06 ACRES - Lower Seguin Road %iII,TO r FHlL 'i;hAA144 @ Buyer - ED ri. (ILYEL, Seller A certain tract of land containing ONE HUlvDRE0 'TRIM -FIVE and SIX t 1.35.06) &C,,CS comprising 18.90 Acres out of Julian lliaz :- tw,/ey 66, abstract 187, County Block 5059, and 110.77 Acres out of {•: Mian ?:racken Survey 74, Abstract 43, County Block 5056. The said 1'5_5.06 ,`tcrefs fronts on the north wide of Lower Seguin hoad, about twelve miles in an easterly direction from the Court iflouse in bexar G- un-ty, Texm,., tieing more particularly described as follower at an iron pipe on the north line of Seguin hoad, being the .,outhwesst Corner of said 135.06 Acres and the Southeast Corner of the ,3chriplder Xract; with fence aloe; the west line of Neyel 'Tract, being the east line of :ichneider Tract as Followa% 0orth 29 den. 36' 'nest, 1802.50 feet to a steel rod at an angle SY'th 30 deg. 02' -kest, 1587.50 Feet to an iron pitj'3, -the t;or•th- west Corner of this 'tract; ":isf.C;s with fence along the north line of this Tract, as follows% i.orth 50 de . 081 last, 1101,19 Feet to an- iroh plop at an angle t,orth 50 deg. 25' Last, 1346.30 Feet to an iron pipe, the North - ea!7t Corner, of this Tracts with line of stakes along the east line of 4eyel Tract, being the west line of clmo Baumann `lract, goat: 30 dog. 01' -15" East, 229';.18 Peat to an iron pipe, the Southeast Corner of said 110.77 Acres; with Line of stakes along the south line of said WIllia% ,..rackon Survey 74, being the north line of Julian Diaz Survey 66, :--oath 5o deg. 44, West, 1864.16 Feet to an iron pipe for an interior corner of this Tract, and being the Northeast Corner of a tract of 1.90 acres out of Julian Diaz Survey 66; t :'s, : , ;. with fence along the east line of said Weyel Tract, being the w-�st Line of Foster Tract, So-ith 29 deg. 37' -30" East, 1493.29 Feet to a 1 iron pipe on the north line of Tower Seguin }toad, the South- east Corner of said 13.)0 Acres; t CNCC with fence along the north line of Lower Seguin hoad, South 59 deal, 37' West, 551.00 Feet to the Place of Lieginning. 504 2659 1 A -5 Less the following tract: DESCRUMON OF A 25.01 ACRE TRACT OF LAND Being25.01 acresoflandilsSamCounty, Texas, beiagoutofal3 $.06avratmaatofbnddeacnbedin Volu,ao 7423, Page 621, Doe d Records, Boxer County, Tom, oleo being out ofthe WiltlamBntickel Survey No. 74, Abstract No. 43, County Bloch 5056, Bexar County, Texas, and being more particularly described by metes and bounds as follows: BEG1NNIlw'G at a 1" ironpipe found on the sotttheaste dy line of a 14.48ecretract of land desc ribed in Volume 664 Page 358, Official Publio Records of Red PtoperM Boxer County Texas, at the commons corms of said 135.06 acretract and a 139.903 am tract ofland described in Volume 13568, Page 1934, Official Public Records of Real Property, Bexar County, Texas, the PO]i T OF BEGINMG, tlxe west comer of this tract•, TIMCBNorth 4905837" East, conncidentwathtthe common lineof Ste 135,06 acre kSct, add 14.48 acre tract and the remainingpordon of a 76.39 acre tract deso oodin Volume 5207, Page 332, Deets Records, Bomar C;ouuty, Texas, a distance of 485.40 feet to a 1120 rebaar found at the common comer ofsaid 76.39 acre tract and a 7.00 acre tract ofland described in Volume 281 Ij Page 1726, Official Public Records of heal Property, Boxer County, Texas, an angle point of this tract; THPNC£ North 49'44122" Past, Coincident with the commas true of the 135.06 acre tract and said 7.00 acre tract, a distarrce of 615.69 feet to a 1" iron pipe found at the common comer of $aid 7,00 acre tract and a 79.02 acre tract ofland descibed In Volmue 11884, PAV 459, Official PubHGRecords of Real Property, Bexar County, Texas, an angle point of dais t meg THENCE North. 500031$2" East, coineideatwith the oaravalon line of the 135.06 acre tract and said 79.022 acre tract, a distance of9591 fact to a IM rebarwith a °CBC ,, piaWocup set, thenort comer ofthis tract; ' HM4CE South 39'54'08" Last; crossing the 135.06 acre tract, a distance of 858,26 feet to a I!2" rebar with a "CEO' plastic cap set, the east cornea: of this tract; THENCS South 49 °50'3 qu We4 eontiuuing across the 135.06 =0 took a distance of 1,342.13 feetto a i120 xebar wish. a "CBC" plastio cap set on the common line of the 135.06 acre tract and the aforementioned 139.903 acre tract, the south corder ofthis tract; TtIENC ,Nor& 30' 18,56% West, coincident with said common line, a distance of 871.50 feet to the POINT OF BEGINNING, and carltaiaing 25.01 scars ofland, irlore or less. The basis of bearing recited herein is the Texas State PIaase Coordinate System, South Central one, NAD83. This description was prepared from a survey mad e on the ground ea by PIOY nt P OLVII Engineeaing Consultamts. There is a swmyplat with like Job Nuruber. Doc# 20110068808 Fees: $68.00 04/25/2011 9 :24AM # Pages 14 Filed d Recorded in the Official Public Records of BEXAR COUNTY GERARD RICKHOFF COUNTY CLERK 504126581 A'6 Any ptovblon heroin which tastricts tee sa': or use of the desVbed tail 110 bociusa of tau is invalid and VViorcaabla Odu Fadnit taw 1ATE OF TEXAS, COUNTY OF SEXAR I bltabr Cartl(y thU this Instrument was FILED in File NUTn.ar sepuanca on In the Official Public Raeo d of Real P operty fro 2nd of 8 i aCo unty, RECORDED on0 APR 2 " 2011 c�N CFA f "'. � 4,424. `�^^ ` COUNTY CLERK BEXAR COUNTY, TEXAS Agenda No. 12 CITY COUNCIL MEMORANDUM City Council Meeting: June 27, 2017 Department: City Manager Subject: Resolution 17 -R -41 - Consideration and approval by the City Council of the City of Schertz, Texas, of the assignment option of the City's solid waste franchisee and other matters in connection therewith. BACKGROUND In 2000, the City entered into an exclusive solid waste franchise agreement with Cibolo Waste Incorporated, DBA Bexar Waste for the provision of solid waste services for the entire corporate limits of the City of Schertz. The agreement has been continued since then up to and including a 10 -year franchise agreement extension granted on July 28, 2015. In late May, Miguel Gutierrez, the current President of Bexar Waste approached City staff to make us aware that he and his family had reached an agreement for the purchase of Bexar Waste by BFI Waste Services of Texas, DBA Republic Services. As a part of this purchase agreement is a requirement that Bexar Waste assign the City's exclusive franchise agreement to Republic Services. It is a requirement of the City's franchise agreement that any assignment must be approved by the City Council. By consenting to Bexar Waste's assignment of the City's solid waste franchise agreement, once the purchase of Bexar Waste is completed, Republic Services would then become solely and completely responsible for achieving full compliance with the agreement. If there were any performance issues that occurred, the agreement allows processes for correcting these performance issues, and if necessary, termination of the agreement for non - compliance. City Staff has met with Republic Services staff and they have a very clear understanding of the requirements of the City's franchise agreement. They are also very aware of Bexar Waste's commitment to customer service and community support and have stated they are committed to filling the void left in our community by the sale of Bexar Waste. To approve Resolution 17 -R -41 allowing the Mayor to sign the letter of consent to Bexar Waste's assignment of the City's solid waste franchise agreement to Republic Services. COMMUNITY BENEFIT Solid waste services are integral to the health, safety and welfare of a community. The City of Schertz has enjoyed tremendous solid waste services for approximately seventeen years through the efforts of Bexar Waste. Bexar Waste has explained that they have vetted their potential buyer extensively and are certain that Republic Services will work tirelessly to continue to provide the same level service going forward that our citizens have enjoyed to date. If this comes to pass, our citizens will see the same level service at the same cost for the life of the franchise agreement (expires 2025). If Republic Services fails to abide by the franchise agreement, the agreement is well prepared to allow City staff to work to correct any service deficiencies or to work to terminate the agreement and find a vendor that can provide the level of service we have come to expect. Staff recommends approval of the attached Resolution authorizing the Mayor to sign on behalf of the City Council accepting assignment on the City's solid waste franchise agreement. FISCAL IMPACT There is no fiscal impact associated with this agreement as none of the terms will be changed. ATTACHMENT Resolution No. 17 -R -41 Letter requesting assignment of solid waste franchise agreement by Bexar Waste. RESOLUTION NO. 17 -R -41 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF ASSIGNMENT OF THE CITY'S EXCLUSIVE SOLID WASTE FRANCHISE AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz entered into a new ten year solid waste franchise agreement with Cibolo Waste Incorporated, DBA Bexar Waste on July 28, 2015; and WHEREAS, the franchise agreement had included in it, a clause regarding the assignment of the agreement by Bexar Waste that requires City Council approval prior to such assignment being entered into; and WHEREAS, Bexar Waste has notified the City that they have entered into an asset purchase agreement with BFI Waste Services of Texas, LP DBA Republic Services and Bexar Waste has requested City Council to approve assignment of the City's solid waste franchise agreement to Republic Services; and WHEREAS, the assignment of this agreement will not change any requirements of the contractor providing solid waste services for the City and the assignment will not limit or change the City's ability to rectify service issues or terminate the agreement for lack of performance; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept assignment of its current solid waste franchise agreement; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the Mayor to sign a letter for Bexar Waste approving their assignment of the City's solid waste franchise agreement to Republic Services attached 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 27th day of June, 2017. . CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - P.O, Box 519 • Schertz, Texas 78154 • Phone (210) 566 -5454 • Fax (210) 566 -6910 May 23, 2017 City of Schertz, Texas 1400 Schertz Parkway Schertz, Texas 78154 Attn: John Kessel, City Manager Re: Consent to Assignment Dear Mr. Kessel, Reference is made to that certain Franchise Agreement granted under Ordinance No. 15 -F -18 (the "Contract ") between the City of Schertz, Texas ( "Schertz ") and Cibolo Waste, Inc., a Texas corporation doing business under the assumed name Bexar Waste ( "Assignor'), Please be advised that Assignor anticipates it will enter into an asset purchase agreement (the "Purchase Agreement ") with BFI Waste Services of Texas, LP, a Delaware limited partnership ( "Assignee'), and certain other parties identified therein pursuant to which Assignee will acquire substantially all of the assets of Assignor (the "Transaction "). As part of the Transaction, the Contract will be assigned by Assignor to Assignee and Assignee will assume all of Assignor's obligations under the Contract (the "Assignment'). Pursuant to Section 11 of the Contract, Assignor may not assign its rights under the Contract without the prior written consent of the City Council of Schertz ( "Schertz City Council "). Accordingly, please confirm the Schertz City Council's consent to the Assignment by having a dully authorized representative of the Schertz City Council sign on the space indicated below. By its signature below, Schertz waives any restrictions on assignment set forth in the Contract, but only with respect to the assignment and assumption contemplated by this letter. This consent, and the assignment and assumption contemplated hereby, shall not be effective unless and until the closing of the Transaction. Notwithstanding anything herein to the contrary, in the event that the Transaction fails to close, this consent shall be of no force and effect and the Contract shall not be assigned to Assignee. Acknowledged and accepted this day of , 2017. City of Schertz, Texas IN Name: Its: Sincerely, Cibolo Waste, Inc., dba Bexar Waste By: Miguel Gutierrez, President Commercial n Construction ° Industrial g Municipal - Residential v Recycling Agenda No. 13 CITY COUNCIL MEMORANDUM City Council Meeting: June 27, 2017 Department: City Manager Subject: Resolution No. 17 -R -25 — A Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to enter into an Agreement with Green Valley Special Utility District for the exchange of Certificate of Convenience and Necessity related to the development of schools by Coma] County Independent School District BACKGROUND In June, 2016 the Green Valley Special Utility District approached the City of Schertz asking if the City would be willing to serve the Comal County Independent School District's planned middle school at F.M. 482 and Hubertus Road. The land is within GVSUDs Certificate of Convenience and Necessity and within our City Limits, but they do not have infrastructure or capacity to supply water to that type of facility. The City has the infrastructure and capacity to provide water to the school so we requested GVSUD to enter into an agreement to release all of the CCISD property within their CCN to the City of Schertz's CCN. Additionally, CCISD owns another piece of property at this same intersection where they intend to build a new high school. GVSUD is also unable to serve this property. The exchange of CCN requires a formal public hearing and approval by the Public Utility Commission, all of which takes time. In order to allow CCISD to move forward with construction of the middle school as soon as possible, the City requested GVSUD to enter into a formal agreement on the intent to exchange CCN. That agreement is attached. Once approved, the CCISD will be able to begin work extending water service to their project. The City and GVSUD will also file the appropriate paperwork with the Public Utility Commission to formally adjust the CCN boundaries. COUNCIL ACTION Staff is seeking authorization from the City Council for the City Manager to enter into an agreement with Green Valley SUD for the exchange of CCN. SUMMARY OF RECOMMENDED ACTION City staff recommends that City Council approve Resolution 17 — R — 25 authorizing the City Manager to enter into an agreement to exchange CCN with GVSUD. FISCAL IMPACT This will have no current fiscal impact. Being able to serve the Middle School site and future High School site will result in future increased water sales. RECOMMENDATION Staff recommends Council approval of Resolution 1.7 -R -25. ATTACHMENTS Resolution 17 -R -25 GVSUD CCN Exchange Agreement RESOLUTION NO. 17 -R -25 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GREEN VALLEY SPECIAL UTILITY DISTRICT FOR THE EXCHANGE OF CERTIFICATE OF CONVENIENCE AND NECESSITY RELATED TO THE DEVELOPMENT OF SCHOOLS BY THE COMAL COUNTY INDEPENDENT SCHOOL DISTRICT WHEREAS, the City of Schertz was requested by Green Valley Special Utility District (GVSUD) to provide water service for the development of a middle school and in the future, a high school; and WHEREAS, the locations of these schools is within the Schertz City Limits and within the boundaries of the GVSUD Certificate of Convenience and Necessity (CCN); and WHEREAS, the City and GVSUD desire to enter into this agreement pursuant to Section 13.248 of the Texas Water Code that allows an agreed upon exchange of CCN territory; and WHEREAS, the City staff believes it would be beneficial to the City of Schertz to acquire this CCN from GVSUD and provide water service for the Comal County ISD; and WHEREAS, the City Council has determined that it is in the best interest of the City to acquire this CCN territory from GVSUD and provide water service to CCISD; therefore, 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 enter into an agreement with GVSUD for the exchange of GVSUD CCN to provide water to the Comal County ISD school sites for drinking and fire protection. 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 27th day of June, 2017. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - l _i • � � i__1 /._l •i RELEASE OF WATER UTILITY SERVICE AREA This Agreement is entered into between Green Valley Special Utility District (Green Valley), a Texas water district and political subdivision, and the City of Schertz ( Schertz), a Texas home -rule city for the purpose of exchanging certificated service area containing the site of a proposed public school. This Agreement is entered into with the understanding that public water utility service to the proposed school is a public need and benefit that is unique. This Agreement is not intended to be precedent for future dealings by the parties concerning certificated service area. In recognition of the consideration and mutual promises exchanged herein, the sufficiency of which is acknowledged for all purposes, Green Valley and Schertz do commit themselves, their successors and assigns to the following: 1, Green Valley agrees to release and transfer to Schertz that territory so designated on attached Exhibit A. 2. Schertz agrees to accept and provide public drinking water and firefighting services to the area to be exchanged as shown on Exhibit A. 3. In recognition of the fact that this Agreement shall require approval by the Public Utility Commission of Texas (PUC) and that there is a significant regulatory approval process in obtaining such permission and approval, Green Valley consents to Schertz constructing water utility facilities inside Green Valley's service area for the purpose of serving the proposed school. Schertz may use such facilities upon completion to meet the potable water and firefighting water needs of the school even if the transfer of the Property has not been finalized by the PUC. It may not use the facilities constructed to the school site to serve other customers, not within the Schertz service area, for compensation. This shall not preclude Schertz from installing a loop system to tie back into the existing Schertz system to insure proper quality and pressure to area serviced, nor shall it preclude Schertz from using the facilities constructed to serve future customers within the subject area once it is included within the Schertz CCN. 4. Schertz shall be responsible for preparing, filing, and prosecuting all applications necessary to obtain the required PUC approval. Green Valley will provide such information and signatures as may reasonably be necessary to accomplish this goal. Green Valley has no objection to Schertz's designating the developer of the surrounding property from which the school site has been severed as the City's agent in obtaining PUC approval. Schertz may require said developer to pay all costs. Green Valley shall incur no cost not otherwise reimbursed by the developer. 5. This Agreement is entered into pursuant to Sections 13.248 and 13.301, Texas Water Code. 6. This Agreement shall be interpreted under the laws of the State of Texas as broadly as necessary to achieve the manifest intent of the parties. Venue over any civil cause arising here from shall be vested in the courts of Guadalupe County, the home county of Green Valley. Venue over any administrative causes shall be vested in the PUC. 7. Green Valley and Schertz agree that no compensation shall be due and owing between Schertz and Green Valley in conjunction with such transfer. 8. Schertz agrees that, upon approval of the revision to its CCN boundaries by the Public Utility Commission to include the Property within the boundaries of its CCN #10645, Green Valley shall have no further obligation to provide retail water service to the Property, and that Schertz shall be solely responsible for the provision of retail water service to the owners and occupants of the Property under such terms and conditions as are allowed under its CCN and any applicable governmental statutes and regulations. ENTERED INTO AND effective on the last date of signature below. GREEN VALLEY SPECIAL UTILITY DISTRICT Dennis Dreyer, President Date: ATTEST: Secretary, Board of Directors CITY OF SCHERTZ John Kessel, City Manager Date: � • i III■ III■ III■ Line Table Line # Direction Length L1 N30° 38' 58 "W 336.68 L2 N60° 09'01"E 0.57 L3 N30° 44' 44 "W 201.54 L4 N29° 45' 37 "W 991.50 L5 S29° 26' 00 "W 43.44 L6 S29° 26' 00 "W 152.80 L7 S29° 26'00"W 866.23 L8 S28° 51'29"W 61.28 L9 S29° 20' 20 "W 366.00 L10 S34° 20' 20 "W 119.30 L11 S41' 13' 19 "W 181.21 L12 S43° 45' 12 "W 79.38 L13 S18° 56' 16 "E 564.43 L14 S44° 40' 29 "W 427.20 L15 N29° 19'20"W 40.76 L16 N44° 45' 15 "E 0.59 L17 N29° 31'21"W 480.61 L18 S44° 36' 31 "W 327.99 L19 S44° 35'44"W 144.74 L20 S29° 23'03"E 479.99 Line Table Line # Direction Length L21 S29' 24'02"E 424.39 L22 N46° 06'38"E 2133.13 L23 N57° 27'59"E 549.52 x� 04) %�. .+'' `i'. "v€' }-"h "^ C�*ka, v .r t .r J,f 7 , ''�` .✓ S r e A' ?r d tnt a? t y 0 00er, ;ttYi� ,,,: ern S" ✓ 'y >rx' Y t * Y C IPA A t ��,,...� -' V_4 �d ar.. 2v y� 4° 94 "VI b s r r t t r rr NORTHING = 13778355.5616 EASTING = 2208645.0229 NORTHING = 13778036.5060 EASTING = 2208465.6923 NORTHING = 13777360.8635 EASTING = 2207850.5423 COMAL ISD o DOC # 201006020818 ISD ����� DOC # 00 201006028883 e /Dt 1 �C' f V COMAL ISD DOC# 201206007815 NORTHING = 13778409.2357 EASTING = 2208674.6011 COMAL ISD DOC# 201206008197 G COMAL ISD DOC # 201.006020 � . AEASTING O $27 Ax�y' 0,13 �2 = 2208407.26 8 NORTHING = 13776236.3269 EASTING = 2207962.4418 COMAL ISD DOC # 201006024478 �G. NORTHING = 13779334.5694 FASTING = 2209196.7093 DARRELL JENSCHKE ON ti COMAL ISD DOC# 20120601190 NORTHING = 13777715.1624 EASTING = 2209499.7436 COMAL ISD DOC # 201006024478 SCHERTZ BANK & TRUST NORTHING = 13778473.$386 EASTING = 2209688.8624 COMAL ISD �j NORTHING = 13778010.6911 EASTING = 2209963.0325 EXISTING GREEN VALLEY SPECIAL UTILITY DISTRICT WATER CCN 3� SAN ANTONIO THREE LTD VANIII • "0 BROOKS 3� THESE DOCUMENTS ARE FOR DESIGN REVIEW ONLY AND NOT INTENDED FOR CONSTRUCTION, BIDDING OR PERMITTING PURPOSES. THEY WERE PREPARED BY, OR UNDER THE SUPERVISION OF: GARRY D. MONTGOMERY, JR. TYPE OR PRINT NAME 114438 1/25/17 PE# DATE ti A ti 0 O N T 0 O o "o 7 C O z N ~ U W W U Q 0-1 N n a_ 0 J U U � m } m o CO W z LLJ � � Y U cn Q W r N J -a- [ N W O 0 Z Z Z W z_Z �ZLL uJ LLD w (n 0Q 000005 cni�wF -d' Q ~w (n =z ° ZN H o NI-00 0 0 w w DL �aZ ma-w 0wZ) °o O oT_ 0� zFzz uj _ > O U ~O a �-O W -jZm W cr - LLJ c> Ct3 Lx: > LLI x F- _a LL L CD ' cr c, CO Lu C s� CJI Lu t r U- C✓? 00 w n "fi xZ Q -Z U) C-" en .gym C'-� < LL H in o 048 Fy C E W a� U) a U) WU >wuE� Q to LLJ c> Ct3 Lx: > LLI x F- _a LL L CD ' cr c, CO Lu C s� CJI Lu t r U- C✓? 00 w n "fi xZ Q -Z U) C-" en .gym C'-� < LL H U N Fy O� ui U) Q= WU 0 Q to H U- LL 0 0 i- z >- O- U F- Q o- 0 U Fy ~ W U 0 W cr_ LL! LLI >- LL J F- Cn > � Q ry F_ LLI w W W m � SHEET NO. 1 OF SHEETS Agenda No. 14 CITY COUNCIL MEMORANDUM City Council Meeting: June 27, 2017 Department: City Manager Subject: Resolution No. 17 -R -29 — A Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to enter into an Agreement with Green Valley Special Utility District for the exchange of Certificate of Convenience and Necessity related to the development of the Homestead Subdivision BACKGROUND The Homestead subdivision under development off of 1H -35 is preparing to begin construction on the infrastructure for Phase 2 of the development. Phase 2 is within the City of Schertz city limits, however all but approximately 19 proposed lots are not within the City of Schertz Certificate of Convenience and Necessity for drinking water. Phase 2 is almost entirely within the CCN of the Green Valley Special Utility District. To provide for greater consistency for those residents that will eventually live within Phase 2, staff has developed an agreement with GVSUD to swap three portions of CCN. The 19 lots that are within our CCN will be moved into the GVSUD CCN while 2 lots within the confines of future Phase 5 will be placed into Schertz's CCN. Additionally, Schertz will get the entire proposed parkland placed into our CCN. This is depicted in Exhibit A and B of the proposed agreement. This is the first time that the City has planned a CCN swap where Schertz residents will not be within our CCN. The bottom line is that these residents in Phase 2 will be billed for water service through GVSUD and at the current time, this means that these residents will pay a rate higher than the City of Schertz for water service. The City will continue to bill these residents for the remaining utilities. City staff has worked over the last two years to find a mechanism under which we could provide service to Phase 2. Unfortunately, previous planning for water service throughout this region did not appropriately take into account the elevations of the land within this portion of our city limits but not within our CCN. Current infrastructure could potentially meet the water needs of this phase at the highest elevation but the infrastructure the developer is installing for GVSUD to serve all phases within their CCN is projected to provide higher water pressures at the current elevations. City staff desires to serve all residents of our City and as we continue to grow our infrastructure, the time will come where serving the residents of Phase 2 of the Homestead will be well within our abilities to do. Over the last several years, GVSUD has been a difficult partner to work with unless they were completely unable to serve a customer (such as Comal County ISD). This has led to repeated litigation actions at both the Texas Commission on Environmental Quality (TCEQ) and the Public Utility Commission (PUC). Knowing that staff's desire is to serve Phase 2, staff attempted to insert a clause into the agreement with GVSUD that would require both parties to negotiate a swap of Phase 2 from GVSUD CCN to the City's. This clause reads: "13 Future Transfer Negotiation. It is the intent of the City for all residents to be within the City's CCN and to be retail water customers of the City when system capacity can adequately support the anticipated demand. The Parties agree that if GVSUD receives notice from City within the next ten (1 D) years that the City has adequate system capacity to serve the City's residents within the Property who are currently within the GVSUD CCN, the Parties will negotiate the purchase of `the required infrastructure, and transfer of the portion of the GVSUD CCN territory depicted in Exhibit B." Unfortunately, the GVSUD Board of Directors has voted to not insert this clause into the agreement. They feel that a clause requiring them to negotiate over Homestead Phase 2 would somehow weaken their cause in other CCN issues. To allow the developer to begin work on the infrastructure of Phase 2, staff is requesting authorization for the City Manager to enter into this agreement at this time COUNCIL ACTION Staff is seeking authorization from the City Council for the City Manager to enter into an agreement with Green Valley SUD for the exchange of CCN. SUMMARY OF RECOMMENDED ACTION City staff recommends that City Council approve Resolution 17 — R — 29 authorizing the City Manager to enter into an agreement to exchange CCN with GVSUD. UHZTG • ' • 4" This will have no current fiscal impact. Entering into this agreement will result in the loss of future revenue from water sales as well as the loss of water impact fees, however the infrastructure within this section of the subdivision will not be the responsibility of the City to maintain until the time that we can re- exchange this CCN. RECOMMENDATION Staff recommends Council approval of Resolution 1.7 -R -29. ATTACHMENTS Resolution 17- R- 29Proposed GVSUD CCN Exchange Agreement RESOLUTION NO. 17 -R -29 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GREEN VALLEY SPECIAL UTILITY DISTRICT FOR THE EXCHANGE OF CERTIFICATE OF CONVENIENCE AND NECESSITY RELATED TO THE DEVELOPMENT OF THE HOMESTEAD SUBDIVISION WHEREAS, the Developer of the Homestead Subdivision has requested the exchange of CCN territory between the City of Schertz and Green Valley Special Utility District ( GVSUD); and WHEREAS, this exchange will provide a more clear definition of the two CCN's in relation to Phase 2, Phase 5 and the planned park of the Homestead development which will aid in future citizens knowing what water utility serves their section of the development; and WHEREAS, the City and GVSUD desire to enter into this agreement pursuant to Section 13.248 of the Texas Water Code that allows an agreed upon exchange of CCN territory; and WHEREAS, the City Council has determined that it is in the best interest of the City to exchange this CCN territory between the City and GVSUD for the provision of water service to the Homestead subdivision; therefore, 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 enter into an agreement with GVSUD for the exchange of GVSUD CCN for the provision of water service to the Homestead Subdivision. 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 27th day of June, 2017. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - THE STATE OF TEXAS COUNTY OF GUADALUPE A. WHEREAS, Section 13.248 of the Texas Water Code provides that contracts QOI jit"zil ;w.,,#,Id ci Dse- g, 4jf.JTF 0 retail public utilities, when approved by tile rublic MAility-Ummission of I exas aner pumic notice and hearing, are valid and enforceable and are incorporated into the appropriate areas of public convenience and necessity; B. WHEREAS, both GVSUD and the City are retail public utilities as defined in Section 13.002(19) of the Texas Water Code; C. WHEREAS, GVSUD is the holder of Certificate of Convenience and Necessit No. 10646 (the "GEWO ") and Schertz is the holder • Certificate of Convenience an Necessity No. 10645 ("&hek� each of which define the certificated retail water servica I territories of the respective retail public utilities; I NOW, THEREFORE, in consideration of the mutual covenants and agreements hereafter set forth, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: I. SEVVICE TERRITORY AND CUSTOMERS IESIGIT i * I GVSUD Service Territory. The Parties hereby designate GVSUD as the retail water service provider to that certain tract • real p roperty more particularly depicted in Exhibit attached hereto and labeled as "Area Changed to Green Valley SUD" (the and agree that the GVSUD Service Area shall be incorporated into the GVSUD CCN. 1.2 City Service Territory. The Parties hereby designate the City as the retail water service provider to those two certain tracts • real property depicted • Exhibit "B" attached hereto and labeled as "Area Changed to City of Schertz" (the and agree that the City Service Area shall be incorporated into the Schertz CCN. Ii. PUC APPROVAL 2. 1 Application for Approval. The Parties agree to fully cooperate as necessary with respect to the preparation, filing and prosecution of an application to secure PUC approval of this Agreement (the "IIM Each party shall bear its own costs and expenses in connection therewith. MiSM 3 * i Execution. This Agreement may be simultaneously executed in any number of counterparts, each of which will serve as an original and, will constitute one and the same instrument. 3.2 Governing Law. This Agreement will be governed by the Constitution and laws of the State of Texas. i II � � I iiiiiii I I ! , 1!, 1 1 111 1 M-Mm" MDAVIIMM�AMM, I'MI-I VMMILL UM-PTr*I-VI ITLOCIrUVIRSCIA 1111 IIIC 19; L1101 f U1 L and obligations • each of the Parties will bind that Party and will apply to and bind any approved successors • assigns • that Party. N 3.4 Amendments. This Agreement may be a mended or modified only by written agreement duly authorized by all Parties. 3.5 Cooperation. Each Party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 3.6 Third Party Benefieiaries� Nothing in this Agreement, express or implied, is intended to .-nfer u-,yon )ther than the Parties W-:4&, "� Akjqr remedies under or bKLeason of this Agreement. 3 '7 Exhibits. All exhibits attached to this Agreement are hereby incorporated in this Agreement as if the same were set forth in full in the body of this Agreement. rMum P.O. Box 99 Marion, TX 78124 Fax: (830) 420-4138 Attn: General Manager 10 Commercial Place, Building 41 Schertz, Texas 78154 Fax: (210) 619 1139 Attn. Director of Public Works The Parties may change their respective addresses for purposes of notice by giving at least fiv days written notice of the new address to the other party. I 3.9 Entire Agreement. This Agreement, including the attached exhibit, contains the entir, agreement between the Parties with respect to the sub i ect matter hereof and supersedes a pre communications, repres lolls, Or agreelflums'- MIMI Tcrilrdl oil 'NI respect to such matters. 0 IN WITNESS WHEREOF, the Parties hereto have caused this instrument to he signe seple-4. wd, Aeste4, ix4jj:L,,licqte4,% theirtul%zighorized officers, as of the date first set forth abovq. GVSUD- GREEN VALLEY SPECIAL UTILITY DISTRICT By:__ Name: Title: Date: District Secretary H I 1,1131WIA 10.1 of I I and GVSUD Service Area 0