05-28-2019 Agenda with backupMEETING AGENDA
City Council
REGULAR SESSION CITY COUNCIL
May 28, 2019
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Mayor Pro -Tem Heyward)
Employee Recognition
• Introduction of Mr. Charles Kelm, new Assistant City Manager.
Presentations
• Presentation by the EMS Department regarding Cardiac Arrest Survivors.
• Proclamation recognizing National EMS Week.
City Events and Announcements
• Announcements of upcoming City Events (B. James /S. Gonzalez)
• Announcements and recognitions by the City Manager (M. Browne)
• Announcements and recognitions by the Mayor (M. Carpenter)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person should fill out
the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member thereof.
Any person making personal, impertinent, or slanderous remarks while addressing the Council may
be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual
May 28, 2019 City Council Agenda Page 1
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.
Consent Agenda Items
The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion.
There will be no separate discussion of these items unless they are removed from the Consent Agenda
upon the request of the Mayor or a Councilmember.
Minutes — Consideration and /or action regarding the approval of the minutes for the meeting of
May 14, 2019. (B. Dennis)
2, Resolution No. 19 -R -63 Consideration and /or action approving a Resolution by the City
Council of the City of Schertz, Texas authorizing a contract with The Ovid Bell Press for the
Schertz Magazine Printing Contract. (M. Browne /S. Gonzalez /L. Klepper)
3, Resolution No. 19 -R -65 - Consideration and/or action approving a Resolution by the City
Council of the City of Schertz, Texas, approving and authorizing a Water Easement Agreement
with Schertz Rl, LLC, on Lot 3, Block 1, Schertz 3009 Subdivision II, and other matters in
connection therewith. (B. James /K. Woodlee)
4, Resolution 19 -R -64 - Consideration and /or action approving a Resolution by the City Council
of the City of Schertz, Texas, authorizing the City Manager to enter into an Interlocal
Agreement with the City of Cibolo regarding cost sharing for improvements to Wiederstein
Road. (B. James)
Discussion and Action Items
5, Resolution No. 19 -R -66 - Consideration and /or action approving a Resolution amending the
building permit fees to comply with House Bill (HB) 852 and updating the City of Schertz fee
schedule for FY 2018 -19. (B.James /L. Wood)
Roll Call Vote Confirmation
Workshop
(, Discussion and update on the Employee Engagement Survey (S. Gonzalez /L. Cox)
Closed Session
City Council will meet in Closed Session under Sections 551.071 and 551.072, to seek the
advice of its attorney on a matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with the Act, and to deliberate the purchase, exchange, lease, or value of real
property, to wit: certain water and wastewater rights and associated real property rights and
available options.
May 28, 2019 City Council Agenda Page 2
Reconvene into Regular Session
7A. Take any action based on discussions held in closed session under Agenda Item 7A.
Roll Call Vote Confirmation
Requests and Announcements
• Announcements by the City Manager.
• Requests by Mayor and Councilmembers that items be placed on a future City Council agenda.
• 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
Information available in City Council Packets - NO DISCUSSION TO OCCUR
g, 2019 . Hal Baldwin Scholarship Update (S. Gonzalez)
Adjournment
CERTIFICATION
I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY
CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL
BULLETIN BOARDS ON THIS THE 24th DAY OF May 2019 AT 5:30 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.
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 , 2019. TITLE:
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking
spaces are available. ff 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 closed 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.
Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal
counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a
May 28, 2019 City Council Agenda Page 3
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 Scagliola — Place 5
Main Street Committee
Interview Committee for Boards and Commissions -
Alternate
Hal Baldwin Scholarship Committee
Schertz- Seguin Local Government Corporation.
Cibolo Valley Local Government Corporation -
Alternate
Councilmember Davis — Place I
Councilmember Gutierrez — Place 2
Audit Committee
Audit Committee
Schertz Housing Authority Board
Investment Advisory Committee
Interview Committee for Boards and
Interview Committee for Boards and Commissions
Commissions
Main Street Committee — Chair
TIRZ II Board
Councilmember Larson — Place 3
Councilmember Edwards — Place 4
Main Street Committee — Vice Chair
Interview Committee for Boards and Commissions
Cibolo Valley Local Government Corporation
Main Street Committee
Councilmember Heyward — Place 6
-- w
Councilmember Brown — Place 7
Schertz Animal Services Advisory
Audit Committee
Commission
Schertz- Seguin Local. Government Corporation -
Investment Advisory Committee
Alternate
May 28, 2019 City Council Agenda Page 4
CITY COUNCIL MEMORANDUM
City Council May 28, 2019
Meeting:
Agenda No. 1.
Department: City Secretary
Subject: Minutes — Consideration and/or action regarding the approval of the minutes for the
meeting of May 14, 2019. (B. Dennis)
:• xngf ►1
The City Council held a Regular City Council meeting on May 14, 2019 and a Special meeting on May
21, 2019.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the regular meeting of May 14, 2019 and minutes of
the special meetng of May 21, 2019.
Attachments
05/14/2019 minutes
MINUTES
REGULAR MEETING
May 14, 2019
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May
14, 2019, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to -wit:
Mayor Pro -Tem Allison Heyward
Councilmember Ralph Gutierrez
Councilmember Cedric Edwards
Councilmember Tim Brown
Staff Present:
Assistant City Manager Brian James
Deputy City Secretary Gayle Wilkinson
Assistant to the City Manager Sarah Gonzalez
Mayor Carpenter was absent.
Mayor Pro -Tem Heyward called the regular
and
Texas. (Counc
Councilmember Scaglio
the Flags of the United c
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Spence)
Mayor Pr
FY 2019 -
Councilmember Mark Davis
Councilmember Scott Larsot
vid Scagliola
eager Dr. Mark
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t City Manager
at 6:02 p.m.
e United States and State of
followed by the Pledges of Allegiance to
19-20 Schertz Sweetheart Court Ambassadors. (B. James /L.
recognized Events Manager Mary Spence who introduced the
theart Court Ambassadors:
Megan Morales, Miss Schertz
Kylyn Gillespie, Miss Jubilee
Sarah Vazquez, Miss Friendly City
Olivia Coats, Miss Sunshine
Miss Schertz Megan Morales spoke about her experience serving on the Sweetheart
Court. She is sponsoring a 2.5K walk for the benefit of the Boys and Girls Club of
America.
• Presentation of the Fiesta Flambeau Association Award. (B. James/L. Shrum/M. Spence)
Mayor Pro -Tern Heyward recognized Events Manager Mary Spence who elaborated with
a Power Point of the event highlighting the Fiesta Medal and float. She presented the city
with the third -place plaque awarded for the best out of town float and introduced Facilities
Services Supervisor Joe Villarreal to speak about the award - winning float. Joe recognized
Facilities Services Technician's Albert Orosco and Chris Mayorga for their hard work on
the float and presented them with framed pictures of the float.
Proclamations
• Proclamation recognizing Police Week. (M
Mayor Pro -Tem Heyward read and
to :Police Chief Michael Hansen. S
the proclamation.
City Events and Announcements
• Announcements of upcoming City Event (B. James /S.
Assistant City Manager Brian James
recognizing Police Week
present for the reading of
Friday, May 17
Ribbon Cutting. - Brazilian Top Team Schertz 1:00 pm
1420 Schertz Parkway, Suite 100
Martial Arts School /Brazilian Jiu Jitsu Academy with world class black belt
instructors and offering classes for ages 3 and up.
Liht refreshments will be served
Council on the Go 6:30 pm
Laura Ingalls Wilder Intermediate, 806 Savannah Drive
Thursday, May 23
EMS Annual Awards Banquet 6:00 pm
Civic Center
Lunch following memorial service
Friday, May 24
"Max" Float and Flick - Movies in the Park 7:00 pm
Pickrell Park Pool
Movie begins at sundown. Pool capacity is limited.
Sunday, May 26
EMS Open House 11:00 am -4:00 pm
Community Center
Open to the public- teaching CPR in 10 minutes, ambulance and AMBUS demo
Monday, May 27
City Offices Closed in Observance of Memorial Day
Tuesday, May 28
City Council Meeting 6:00 pm
Council Chambers
• Announcements and recognitions by the City
City Manager Dr. Browne announced:
Gave a brief recognition /welcome of our new Assistant City Manager Charles Kelm.
• Announcements and recognitions by the Mayor (M. Carpenter)
None at this time.
Hearing of Residents
Mayor Pro -Tern Heyward recognized the following who spoke:
• Mark Roberts — 4300 Spanish Oak spoke giving a timeline in reference to his development
on FM 1103. He expressed his concern on the time and difficulty it takes to obtain
permitting.
Consent Agenda Items
Mayor Pro -Tern Heyward read the following consent agenda items:
1. Minutes — Consideration and /or action regarding the approval of the minutes of the
regular meeting of May 7, 2019. (B. Dennis /G. Wilkinson)
2. Resolution No. 19-R-56 - Consideration and/or action approving a Resolution by the City
Council of the City of Schertz, Texas authorizing the City Manager to enter in an agreement
with My House of Design for Graphic Design Services. (.M. Browne /S. Gonzalez /L.
Klepper)
The following was read into record:
RESOLUTION NO. 19 -R -56
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH MY HOUSE OF DESIGN FOR GRAPHIC DESIGN SERVICES AND
OTHER MATTERS IN CONNECTION THEREWITH
Mayor Pro -Tem Heyward called for a vote.
Mayor Pro -Tem Heyward recognized Councilmember Brown who moved seconded by
Councilmember Gutierrez approve the consent agenda items 1 and 2. The vote was
unanimous with Mayor Pro -Tem Heyward, Councilmembers Davis, Gutierrez,
Larson, Edwards, Scagliola and Brown voting yes and no one voting no. Motion
passed.
Discussion and Action Items
3. Resolution No. 19 -R -60 - Consideration and /or action approving a Resolution by the City
Council appointing Norton Rose Fulbright US LLP as Bond Counsel; delegating the
authority to the Mayor or the City Manager of the City to execute certain documents
relating to the engagement of Norton Rose Fulbright US LLP; and other matters in
connection therewith. (M. Browne /J. Walters)
The following was read into record:
UTION NO. 19 -R -60
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE CITY TO ENGAGE NORTON ROSE FULBRIGHT US LLP
AS BOND COUNSEL. AND OTHER MATTERS IN CONNECTION THEREWITH
Finance Director James Walters who introduced this
Mayor Pro-Tern Heyward recognized Councilmember Edwards who moved that the City
Council approve the Engagement Agreement for Bond Counsel Services seconded by
Councilmember Brown. The vote was unanimous with Mayor Pro -Tem Heyward,
Councilmembers Davis, Gutierrez, Larson, Edwards, Scagliola and Brown voting yes
and no one voting no. Motion passed.
4. Resolution No. 19 -R -61 - Consideration and /or action approving Resolution by the City
Council of the City of Schertz Texas authorizing and approving publication of Notice of
Intention to issue Certificates of Obligation; complying with the requirements contained in
Securities and Exchange Commission Rule 15c2 -12; and providing an effective date. (M.
Browne /J. Walters /M. McLiney /A. Friedman)
The following was read into record:
RESOLUTION NO. 19 -R -61
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; COMPLYING
WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE
COMMISSION RULE 15c2 -12; AND PROVIDING AN EFFECTIVE DATE
Mayor Pro -Tem Heyward recognized Finance Director James Walters who introduced this
item with a Power Point presentation and answered questions from Council along with the
appropriate staff and representative /partner of Norton Rose Fulbright US LLP Jeff Kuhn.
Mayor Pro -Tem Heyward recognized Councilmember Edwards who moved to adopt a
Notice of Intention Resolution seconded by Councilmember Gutierrez. The vote was
unanimous with Mayor Pro -Tem Heyward, Councilmembers Davis, Gutierrez,
Larson, Edwards, Scagliola and Brown voting yes and no one voting no. Motion
passed.
Roll Call Vote Confirmation
Mayor Pro -Tem Heyward recognized
roll call votes for items 1 -4.
• Announcements
Dr.
the
ceremony.
Gayle Wilkinson who provided the
Ceremony and thanked the Police
• Requests by Pro-Tern Mayor and Councilmembers that items be placed on a future City
Council agenda.
Councilmember Scagliola suggested having a discussion with the
stakeholders /shareholders to discuss the closing of the GBRA plant.
• 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 Pro -Tem Heyward attended the following events:
• The ribbon cutting for the South Texas Radiology Imaging Center (STRIC)
• Webinar regarding Legislative updates
• NEP Luncheon
• Served at the Purse Bingo for the Children's Advocacy Center
• Read the proclamation for Police Memorial Ceremony
Councilmember Davis attended the following events:
• The meeting for the Schertz Housing Authority
Councilmember Gutierrez attended the following events:
The ribbon cutting for the South Texas Radi<
The Manufacturers Expo at the Freeman Col.
Webinar regarding Legislative updates
NEP Luncheon
Served at the Purse Bingo for the Children's
Read the proclamation for Nursing Home W
The Employee Health Expo
The Police Memorial Ceremonv
Councilmember
Councilmember
Adiournment
Imaging
(STRIC)
;acy Center
the Silver Tree Rehab Center
Week at the Silver Tree Rehab Center
he Children's Advocacy Center
Home Week at the Silver Tree Rehab Center
As there was no further business, Mayor Pro -Tem Heyward adjourned the meeting at 6:52 p.m.
Allison Heyward, Mayor Pro -Tem
ATTEST:
Gayle Wilkinson, Deputy City Secretary
CITY COUNCIL MEMORANDUM
City Council May 28, 2019
Meeting:
Department: Public Affairs
Agenda No. 2.
Subject: Resolution No. 19 -R -63 — Consideration and /or action approving a Resolution by the City
Council of the City of Schertz, Texas authorizing a contract with The Ovid Bell Press for
the Schertz Magazine Printing Contract. (M. Browne /S. Gonzalez /L. Klepper)
Created in 2008, Schertz Magazine is a monthly popular lifestyle /entertainment/community events
publication wholly owned and operated by the City of Schertz and produced internally by the Schertz
Public Affairs Department. It serves as the primary dissemination source for government information.
The current printing agreement with The Ovid Bell Press for Schertz Magazine printing services expires
on September 30, 2019. . In order to secure a new agreement for magazine printing a formal procurement
(RFP) for printing services was published on April 23, 2019 with a closing date of May 17, 2019. A
total of two firms submitted bids and City staff from Public Affairs and the City Manager's Office
evaluated the bids. The bids were scored on several criteria to include the firm's qualifications, abilities,
and references, the quality of proposed services, the responsiveness of the proposal and the overall price.
After evaluation, the scores were compiled and The Ovid Bell Press was the highest scoring firm with a
proposed price of $7,814.29 per issue or $93,771.48 annually.
City staff believes that The Ovid Bell Press offers the best qualified proposal based on the evaluation
criteria and recommends City Council authorize the City Manager to enter into a contract with The Ovid
Bell Press for Schertz Magazine printing services. Staff is only seeking to contract for Schertz Magazine
print services as this firm specializes in catalog publication printing. For smaller print jobs City staff
will continue to seek informal quotes and award the project to the lowest bidder.
GOAL
The City desires to enter into an agreement with The Ovid Bell Press for the printing and mailing of
Schertz Magazine. Scope of work will include proper printing and assembly of monthly editions of
Schertz Magazine.
COMMUNITY BENEFIT
Staff can continue to communicate the City's message(s) to Schertz residents through Schertz Magazine,
the City's largest and most successful communication tool.
SUMMARY OF RECOMMENDED ACTION
Staff recommends Council approval of Resolution 19 -R -63 authorizing the City Manager to enter into a
three -year agreement with the option to renew for two (2) additional terms of one (1) year each with The
Ovid Bell Press for Schertz Magazine printing services.
FISCAL IMPACT
Cumulative expenditures under this agreement shall not exceed $281,314.44 during the three -year term
for Schertz Magazine printing services. Maximum expenditures during each of the fiscal years shall not
exceed $93,771.48 unless otherwise negotiated and approved by City Council. This is an increase on
current printing costs of approximately $6,771.48 annually.
Funds have been budgeted and approved for monthly printing of Schertz Magazine. The project will be
paid for from the Public Affairs budget.
Staff recommends Council approval of Resolution 19 -R -63
Attachments
Resolution 19 -R -63
Magazine Printing Services - Summary
Ovid Bell Agreement
RESOLUTION NO. 19 -R -63
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A CONTRACT WITH THE OVID BELL PRESS FOR THE
SCHERTZ MAGAZINE PRINTING CONTRACT AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the Public Affairs Department is charged with the responsibility of
maintaining City publications such as Schertz Magazine; and
WHEREAS, in order to fulfill its responsibility as set forth above, the City has
identified a need for printing services; and
WHEREAS, bids were received through the sealed bidding process and The Ovid
Bell Press was the highest rated firm based on the evaluation criteria and is the best overall
value for the City, with an annual not to exceed amount of $93,771.48;
WHEREAS, The City staff of the City of Schertz (the "City ") has recommended that
the City accept the bid proposal from The Ovid Bell Press for printing services; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with The Ovid Bell Press pursuant to the recommendation made by Public Affairs
Staff.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the contract with The Ovid Bell Press for printing services in substantially the form
set forth on Attachment 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 28th day of May, 2019
CITY OF SCHERTZ, TEXAS
Michael R Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
W
ATTACHMENT A
aa]IWVAtoa,10" Rah1►N1910111
-3-
BID /RFP#
2019 -015
Project Name:
Magazine Printing Services
Firm Name
Location Bid Price Annually Score Ranking
Mittera Group
Denver, CO $219,648.00 55.05 2.00
Ovid Bell Press
Fulton, MO $93,771.48 85.00 1.00
' ' M My I MM
THE STATE OF TEXAS §
GUADALUPE COUNTY §
This Service Agreement ( "Agreement ") is made and entered by and between the City of Schertz,
Texas, (the "City ") a Texas municipality, and Ovid Bell Press, Inc. ( "Contractor ").
Section 1. Duration
This Agreement shall become effective upon the date of the final signature affixed hereto and shall
remain in effect until September 30, 2022 with the option to renew for two (2) additional terms of
one (1) year each unless terminated as provided for in this Agreement.
Section 2. Scope of Work
(A) Contractor shall perform the Work as more particularly described in the Scope of Work
attached hereto as Exhibit "A ". The work as described in the Scope of Work constitutes
the "Project ".
(B) The Quality of Work provided under this Agreement shall be of the level of quality
performed by Contractors regularly rendering this type of service.
(C) The Contractor shall perform its Work for the Project in compliance with all statutory,
regulatory and contractual requirements now or hereafter in effect as may be applicable to
the rights and obligations set forth in the Agreement.
(D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City
except when defects should have been apparent to a reasonably competent Contractor or
when it has actual notice of any defects in the reports and surveys.
Section 3. Compensation
(A) The Contractor shall be paid in the manner set forth in Exhibit "A" and as provided herein.
(B) Billing Period. The Contractor may submit an invoice for payment upon completion of the
described tasks. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment
Act "), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice.
Interest on overdue payments shall be calculated in accordance with the Prompt Payment
Act.
(C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be
included in the scope of Work (Exhibit A) and accounted for in the total contract amount.
CITY OF SCHERTZ PAGE. I
Ovid Bell Press, Inc. Service Agreement
Section 4. Time of Completion
The prompt completion of the Work under the Scope of Work relates is critical to the City.
Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of
the Contractor and termination of this Agreement without any or further liability to the City other
than a prorated payment for necessary, timely, and conforming work done by Contractor prior to
the time of termination.
Section 5. Insurance
In the event the Contractor, its employees, agents or subcontractors enter premises occupied by or
under the control of the City in the performance of this Agreement, the Contractor agrees that it
will maintain general and automobile liability in reasonable limits covering the obligations set
forth in this Agreement, and will maintain workers compensation coverage (either by insurance or
if qualified pursuant to law, through a self - insurance program) covering all employees performing
this Agreement on premises occupied by or under the control of the City. Upon request by City,
Contractor shall furnish Certificate of Insurance for, but not limited to, Commercial General
Liability, Commercial Auto Liability, and Workers Compensation.
Section 6. Miscellaneous Provisions
(A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this
Agreement or any Scope of Work issued pursuant to this Agreement unless specifically
approved in writing by the City, which approval shall not be unreasonably withheld.
Subcontractors shall comply with all provisions of this Agreement and the applicable Scope
of Work. The approval or acquiescence of the City in the subletting of any work shall not
relieve the Contractor of any responsibility for work done by such subcontractor.
(B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any courts,
administrative, or regulatory bodies in any matter affecting the performance of this
Agreement, including, without limitation, worker's compensation laws, minimum and
maximum salary and wage statutes and regulations, and licensing laws and regulations. When
required, the Contractor shall furnish the City with satisfactory proof of compliance.
(C) Independent Contractor. Contractor acknowledges that Contractor is an independent
contractor of the City and is not an employee, agent, official or representative of the City.
Contractor shall not represent, either expressly or through implication, that Contractor is an
employee, agent, official or representative of the City. Income taxes, self - employment taxes,
social security taxes and the like are the sole responsibility of the Contractor.
(D) Non - Collusion. Contractor represents and warrants that Contractor has not given, made,
promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission,
money or other consideration to any person as an inducement to or in order to obtain the work
to be provided to the City under this Agreement. Contractor further agrees that Contractor
shall not accept any gift, bonus, commission, money, or other consideration from any person
(other than from the City pursuant to this Agreement) for any of the Work performed by
Contractor under or related to this Agreement. If any such gift, bonus, commission, money,
or other consideration is received by or offered to Contractor, Contractor shall immediately
report that fact to the City and, at the sole option of the City, the City may elect to accept the
consideration for itself or to take the value of such consideration as a credit against the
compensation otherwise owing to Contractor under or pursuant to this Agreement.
CITY OF SCHERTZ PAGE 2
Ovid Bell Press, Inc. Service Agreement
(E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder
by any party is delayed as a result of circumstances which are beyond the reasonable control
of such party (which circumstances may include, without limitation, pending litigation, acts
of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse
weather conditions [such as, by way of illustration and not of limitation, severe rain storms or
below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or
regulations or actions by governmental authorities), the time for such performance shall be
extended by the amount of time of such delay, but no longer than the amount of time
reasonably occasioned by the delay. The party claiming delay of performance as a result of
any of the foregoing force majeure events shall deliver written notice of the commencement
of any such delay resulting from such force majeure event not later than seven (7) days after
the claiming party becomes aware of the same, and if the claiming party fails to so notify the
other party of the occurrence of a force majeure event causing such delay and the other party
shall not otherwise be aware of such force majeure event, the claiming party shall not be
entitled to avail itself of the provisions for the extension of performance contained in this
subsection.
(F) In the case of any conflicts between the terms of this Agreement and wording contained within
the Scope of Work, this Agreement shall govern. The Scope of Work is intended to detail the
technical scope of Work, fee schedule, and contract time only and shall not dictate Agreement
terms.
Section 7. Termination
(A) This Agreement may be terminated:
(1) By the mutual agreement and consent of both Contractor and City;
(2) By either party, upon the failure of the other party to fulfill its obligations as set forth
in either this Agreement or a Scope of Work issued under this Agreement;
(3) By the City, immediately upon notice in writing to the Contractor, as consequence of
the failure of Contractor to perform the Work contemplated by this Agreement in a
timely or satisfactory manner;
(4) By the City, at will and without cause upon not less than five (5) days written notice
to the Contractor.
(B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the
Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and
reimbursable expenses then due and payable as of the time of termination and only then for
those Work that have been timely and adequately performed by the Contractor considering
the actual costs incurred by the Contractor in performing work to date of termination, the
value of the work that is nonetheless usable to the City, the cost to the City of employing
another Contractor to complete the work required and the time required to do so, and other
factors that affect the value to the City of the work performed at time of termination. In the
event of termination not the fault of the Contractor, the Contractor shall be compensated for
CITY OF SCHERTZ PAGE 3
Ovid Bell Press, Inc. Service Agreement
all basic, special, and additional Work actually performed prior to termination, together with
any reimbursable expenses then due.
Section 8. Indemnification
CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS
PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES
HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND
ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING
ATTORNEYS FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER
COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR
STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY
CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY
(BOTH REAL AND PERSONAL) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE
WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR EXPRESSLY INCLUDING THOSE
ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES.
Section 9. Notices
Any notice required or desired to be given from one parry to the other party to this Agreement
shall be in writing and shall be given and shall be deemed to have been served and received
(whether actually received or not) if (i) delivered in person to the address set forth below; (ii)
deposited in an official depository under the regular care and custody of the United States Postal
Service located within the confines of the United States of America and sent by certified mail,
return receipt requested, and addressed to such party at the address hereinafter specified; or (iii)
delivered to such party by courier receipted delivery. Either party may designate another address
within the confines of the continental United States of America for notice, but until written notice
of such change is actually received by the other party, the last address of such party designated for
notice shall remain such party's address for notice.
Section 10. No Assignment
Neither party shall have the right to assign that party's interest in this Agreement without the prior
written consent of the other party.
Section 11. Severability
If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the
legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not
be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision,
there shall be added automatically to this Agreement a legal, valid or enforceable term or provision
as similar as possible to the term or provision declared illegal, invalid or unenforceable.
CITY OF SCHERTZ PAGE 4
Ovid Bell Press, Inc. Service Agreement
Section 12. Waiver
Either City or the Contractor shall have the right to waive any requirement contained in this
Agreement that is intended for the waiving party's benefit, but, except as otherwise provided
herein, such waiver shall be effective only if in writing executed by the party for whose benefit
such requirement is intended. No waiver of any breach or violation of any term of this Agreement
shall be deemed or construed to constitute a waiver of any other breach or violation, whether
concurrent or subsequent, and whether of the same or of a different type of breach or violation.
Section 13. Governing Law; Venue
This Agreement and all of the transactions contemplated herein shall be governed by and construed
in accordance with the laws of the State of Texas. The provisions and obligations of this
Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action
arising out of this Agreement shall be in Guadalupe County, Texas.
Section 14. Paragraph Headings; Construction
The paragraph headings contained in this Agreement are for convenience only and shall in no way
enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties
have participated in the negotiation and preparation of this Agreement and this Agreement shall
not be construed either more or less strongly against or for either party.
Section 15. Binding Effect
Except as limited herein, the terms and provisions of this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal
representatives, successors and assigns.
Section 16. Gender
Within this Agreement, words of any gender shall be held and construed to include any other
gender, and words in the singular number shall be held and construed to include the plural, unless
the context otherwise requires.
Section 17. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be deemed an
original, and all of which shall constitute but one and the same instrument.
Section 18. Exhibits
All exhibits to this Agreement are incorporated herein by reference for all purposes wherever
reference is made to the same.
Section 19. Entire Agreement
It is understood and agreed that this Agreement contains the entire agreement between the parties
and supersedes any and all prior agreements, arrangements or understandings between the parties
relating to the subject matter. No oral understandings, statements, promises or inducements
contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated
orally.
Section 20. Relationship of Parties
Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any
third party to create the relationship of principal and agent or of partnership or of joint venture or
CITY OF SCHERTZ PAGE 5
Ovid Bell Press, Inc. Service Agreement
of any association whatsoever between the parties, it being expressly understood and agreed that
no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed
to create any relationship between the parties other than the relationship of independent parties
contracting with each other solely for the purpose of effecting the provisions of this Agreement.
Section 21. Right To Audit
City shall have the right to examine and audit the books and records of Contractor with regards to
the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books
and records will be maintained in accordance with generally accepted principles of accounting and
will be adequate to enable determination of. (1) the substantiation and accuracy of any payments
required to be made under this Agreement; and (2) compliance with the provisions of this
Agreement.
Section 22. Dispute Resolution
In accordance with the provisions of Subchapter I, Chapter 271, TEx. LOCAL Gov'T CODE, the
parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under
this agreement, the parties will first attempt to resolve the dispute by taking the following steps:
(1) A written notice substantially describing the nature of the dispute shall be delivered by the
dissatisfied party to the other party, which notice shall request a written response to be delivered
to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response
does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied
party shall give notice to that effect to the other parry whereupon each parry shall appoint a person
having authority over the activities of the respective parties who shall promptly meet, in person,
in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then
the parties shall each appoint a person from the highest tier of managerial responsibility within
each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute.
Section 23. Disclosure of Business Relationships /Affiliations; Conflict of Interest
Questionnaire
Contractor represents that it is in compliance with the applicable filing and disclosure requirements
of Chapter 176 of the Texas Local Government Code.
Certificate of Interested Parties
Effective January 1, 2016, . pursuant to House Bill 1.295 passed by the 84th. Texas Legislature
(Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas
Ethics Commission (TEC), all contracts with private business entities requiring approval by the
Schertz City Council will require the on -line completion of Form 1295 "Certificate of Interested
Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals.
Contractors are required to complete and file electronically with the Texas Ethics Commission
using the online filing application.
Please visit the State of Texas Ethics Commission website,
htt s: / /www.ethics.state.tx.us /whatsnew /elf info forml295.htm and
httDS : / /www.ethics.stateatx.us /tec /1295- Info.htm for more information.
IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR
OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF
EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING
REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR.
CITY OF SCHERTZ PAGE 6
Ovid Bell Press, Inc. Service Agreement
[The remainder of this page is intentionally left blank.]
CITY OF SCHERTZ PAGE 7
Ovid Bell Press, Inc. Service Agreement
EXECUTED on this the day of
CITY:
mm, -
Dr. Mark Browne
Title: City Manager
ADDRESS FOR NOTICE:
CITY:
City of Schertz
Attn: Mark Browne, City Manager
1400 Schertz Parkway
Schertz, Texas 78154
CITY OF SCHERTZ
Ovid Bell Press, Inc. Set-vice Agreement
12019.
0m, -
Title:
CONTRACTOR:
Ovid Bell Press, Inc.
PO Box 370
Fulton, MO 65251
800-835-8919
PAGE 8
Exhibit A
SCOPE OF WORK
Proiect
The Contractor shall provide printing services for the City's monthly publication, Schertz Magazine. The
City produces twelve (12) issues a year in monthly increments.
The Contractor will be responsible for the following duties and services:
1. Printing and assembling 16,000 copies of Schertz Magazine on a monthly basis.
2. Magazine must be printed and assembled using flat 11x17, finished 8.5x11 stock.
3. Magazine is 48 pages self. - cover.
4. The Cover Stock shall be 80# Silk Cover -4/4 with Satin Varnish or specified equivalent commodity
stock held by printer.
5. Text Pages Stock shall be 80# silk text -4/4 with Satin Varnish or specified equivalent commodity
stock held by printer.
6. The magazine must be saddle stitched and trimmed to size.
7. The magazine must be Web Press or Sheet Fed.
8. Ability to print the publication within 5 days of upload from the City. Guaranteed ship /delivery to
post office on the 5th day. Unless delivery is made to post office in Texas, additional days will be
needed for transit.
9. Must be able to provide mail prep /inkjet services.
Price
Price per Magazine $0.488 each
Price per Month $7,814.29
Price per Year $93,771.48
CITY OF SCHERTZ PAGE 9
Ovid Bell Press, Inc. Service Agreement
Sample Invoice
16,000 copies -
SCHERTZ TALES
48 pages self-cover (8-1/2 x 10-7/8)
Prepress:
48 Auto processing (proof online)
24 Plates
Printing:
2 16-page signature, 4/4
1 16-page signature, 4/4 + gloss or dull UV coating
1 4:
Bindery:
16,000 Saddle stitch 1-4 pockets
AddressingiMailing.-
14,576 Addressing publication, 10,000 copies and above
USPS List Processing:
14,576 Processing rnail list, up to 19,999 addresses
zl�
Miscellancous:
16 Cartons
is palleting
Z7
Walk Sequence
Paper consumption-.
8,673.15 Vs 80-pound #3 Gloss 35 "' Roll @
54.30 cwt. (MCC 100175)
ESTIN4ATE
Add'] M
204.00
324.00
938.60 23.60
863.70 18.50
230.45 10.15
172.88 10.30
243.64 15.00
20.00
25.00
82.50
4,709.52 236.48
$7,814.29 $314.03
Estimated shipping for 1,424 copies from 65251 to 78154 via Estes LTL is $179.00.
Shipping estimates have no guarantee and do not include any additional services unless otherwise noted.
Digitally printed color proofs are available for an additional $10.20 per page or S35.70 per 9-pa,(,c flat.
0-Ma_e,, a digital edition of your magazine, is available for $4.25 per page.
Less than 11'4" binding lip on inset s vvill resu It in a 20%., increase on the &ukfle 81 itch per thousand cost.
The above price reflects an embedded 3 % cash discount. Customers who make credit card payments of
to forfeit the embedded 3% cash discount.
NOTE: Since paper is sold at price prevailing at time of shipment, there may be
adjustments from time to time based on the paper's actual invoice cost. Additional
charges may apply depending on the specifications of the job. Actual production is
contin0ent upon available press time and approved credit arrangements.
CITY OF SCHERTZ PAGE 10
Ovid Bell Press, Inc. Service Agreement
Agenda No. 3.
CITY COUNCIL MEMORANDUM
City Council May 28, 2019
Meeting:
Department: Engineering
Subject: Resolution No. 19-R-65 - Consideration and /or action approving a Resolution by the City
Council of the City of Schertz, Texas, approving and authorizing a Water Easement
Agreement with Schertz RI, LLC, on Lot 3, Block 1, Schertz 3009 Subdivision II, and
other matters in connection therewith. (B. James /K. Woodlee)
As part of the development of Lot 3, Block 1, Schertz 3009 Subdivsion II (aka Stone Valley Plaza), a
public fire hydrant assembly has been installed within the property boundary. Schertz R1, LLC, is
providing a Water Easement through which the City of Schertz can access the facilities for operation
and maintenance purposes.
GOAL
The goal of Resolution 19 -R -65 is to accept and authorize the Water Easement from Schertz Rl, LLC.
COMMUNITY BENEFIT
Ensuring properly designed, constructed, and maintained public water facilities for fire protection meets a core service need in keeping with
the Strategic Plan of the City.
SUMMARY OF RECOMMENDED ACTION
Staff recommends Council approve Resolution 19 -R -65, approving and authorizing execution of the Water Easement Agreement with
Schertz Rl, LLC.
FISCAL IMPACT
There is no direct fiscal impact from this Resolution.
RECOMMENDATION
Staff recommends Council approve Resolution 19 -R -65.
Attachments
Resolution 19 -R -65
Exhibit A Water Easement Agreement
RESOLUTION NO. 19 -R -65
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, APPROVING AND AUTHORIZING A WATER
EASEMENT AGREEMENT WITH SCHERTZ Rl, LLC, ON LOT 39
BLOCK 1 OF THE SCHERTZ 3009 SUBDIVISION H, AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into an agreement for a Waterline Easement with Schertz RI, LLC (the "Grantor "), in
the form attached hereto as Exhibit A (the "Agreement "); and
WHEREAS, the City needs the Waterline Easement in connection with the construction,
operation, and maintenance of a water main including a fire hydrant, situated on Lot 3, Block 1,
Schertz 3009 Subdivision II located on FM 3009; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
accept the Waterline Easement in accordance with the terms of the Agreement.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with the Grantor in substantially the form set forth on Exhibit A and to
accept the Waterline Easement in accordance with the terms of the Agreement.
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 28th day of May, 2019.
CITY OF SCHE.RTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
V ' '
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WATER EASEMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
GRANT OF EASEMENT:
SCHERTZ RI, LLC, 1.501.0 Lakefair Drive, Richmond, Fort Bend County, Texas 77406
( "Grantor "), for the sum of Ten and No /100 Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, does
hereby grant, sell and convey unto THE CITY OF SCHERTZ, TEXAS, a Texas home -rule
city, with offices located at 1400 Schertz Parkway, Schertz, Texas 781.54 ( "Grantee "), an
easement and right -of -way ( "Easement ") upon and across the property of Grantor which is more
particularly described on Exhibit "A ", attached hereto and incorporated herein by reference
( "Easement Tract "),
TO HAVE AND TO HOLD the same perpetually to Grantee and its successors and
assigns, together with the rights, and privileges and on the terms and conditions set forth below;
and Grantor, subject to the Exceptions, to Warranty, does hereby covenant and agree to
WARRANT AND FOREVER DEFEND title to the Easement herein granted, unto Grantee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof.
Terms and Conditions: The following terms and conditions apply to the
Easement granted by this agreement:
1. Definitions. For the purposes of this grant of Easement certain terms shall have
the meanings that follow:
(a) "Holder" shall mean. Grantee and Grantee's heirs, successors and assigns
who at any time own any interest in the conveyance is subject to the terms
of this agreement.
(b) "Public Utility" shall mean water facilities.
2. Character of Easement. The Easement granted herein is "in gross," in that there is
no "Benefitted Property." Nevertheless, the Easement rights herein granted shall
pass to Grantee's successors and assigns, subject to all of the Terms hereof. The
Easement rights of use granted herein are nonexclusive and irrevocable. T
Easement is for the benefit of Holder. I
4. Term. Easement shall be in perpetuity unless relinquished or abandoned by
ordinance or resolution by Grantee.
10. Attorney's Fees. If either party retains an attorney to enforce this agreement, the
party prevailing in litigation is entitled to recover reasonable attorney's fees and
court and other costs.
11. Binding Effect. This agreement binds and inures to the benefit of the parties an
their respective heirs, successors, and permitted assigns. I
12. Choice of Law. This agreement will be construed under the laws of the state of
Texas, without regard to choice-of-law rules of any jurisdiction. Venue is in the
county or counties in which the Easement Property is located.
13. Counterparts. This agreement may be executed in any number of counterparts
with the same effect as if all signatory parties had signed the same document. All
counterparts will be construed together and will constitute one and the same
instrument.
14. Waiver of Default. It is not a waiver of or consent to default if the non-defaulting
party fails to declare immediately default or delays in taking any action. Pursuit •
any remedies set forth in this agreement does not preclude pursuit of other
remedies in this agreement or -provided by law.
15. Further Assurances, Each signatory party agrees to execute and deliver any
additional documents and instruments and to perform any additional acts
necessary or appropriate to perform the terms, provisions, and conditions of this
agreement and all transactions contemplated by this agreement.
16. Integration. This agreement contains the complete agreement of the parties a
cannot be varied except by written agreement of the parties. The parties agree that
there are no oral agreements, representations, or warranties that are not expressly
set forth in this agreement.
17. Exceptions to Warrano�. This grant is subject to any and all encumbrances an
easements of record, to the extent the same are valid and enforceable. I
20. RecitalslExhibits. Any recitals in this agreement are represented by the parties to
be accurate, r • part of the substantive agreement. All exhibits
referenced herein are attached hereto and incorporated • reference herein for all
ffiffli=
21. Entire Agreement. This instrument contains the entire agreement between the
parties relating to the rights herein granted and the obligations herein assumed.
Any oral representation or modification conceminQ� this instrument shall be of no
force and effect except for any subsequent modification in writing, signed by the
party to be charged.
IN WITNESS WHEREOF, this instrument is executed this `Z-c-) day of
V-V\~� toi.
cantor's Name)
By: .. -s
(Grantor's Signature)
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on a_0 5 20 by
e, C11,7" -, an individual residing in F+. 6, County, Texas.
1)
Notary PJblic Signature
7"
GEORGA 1. RUDOFF
My Notary ID 7061396
V i j
Expires July 17,2022
CITY OF SCHERTZ, TEXAS,
a Texas home-rule municipality
0
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
Dr. Mark Browne, City Manager
This instrument was acknowledged before me on , 2019, by
Dr. Mark Browne, City Manager of the City of Schertz, Texas, a Texas home-rule municipality,
on behalf of said municipality.
(seal)
1 WIN Owl I 011 w '
A METES AND BOUNDS
DESCRIPTION OF A
0.007 ACRE TRACT OF LAND
BEING a 0.007 acre (315 square feet, 15 feet by 21 feet) tract of land situated in the Genobrera Malps
o.:. ` particularly described as follows:
COMMENCING at a 112-inch iron' rod With a plastic cap stamped "KHA" found on the southwesterly right-of-way line
of Roy Richards Drive 3009 - I 10 feet wide) marking the northem-most corner of said Lot 3, same being the
eastern-most southeast corner of Lot 5 of said Schertz 3009 Subdivision ll from Which a 1/2-inch iron rod with a
plastic cap stamped "KHA" found marking the western-most comer of said Lot 3 bears
South 5903523" West, 240.00 feet,
THENCE, South 30024'16'East, 17.50 feet along the southwesterly right-of-way line of said Roy Rogers Drive to the
POINT OF BEGINNING of the herein described tract;
THENCE, South 3002416" East, 15.00 feet, continuing along the southwesterly right-of-way line of said Roy Rogers
Drive to a point for corner;
ma
W M_ r4=0111140M
ABSTRACT NO. 221
CITY OF SCHERTZ
GUADALUPE COUNTY, TEXAS
U07 ACRE
316 80. FT.
LOT 2, BLOCK
SCHERTZ 3009 SUBDIVISION 11
VOLY, PG.638
PRGCT
NK
LEGEND:
P.O,C. POINT OF COMMENCING
P.O.& POINT OF BEGINNING
IRFC -- IRON ROD W/CAP FOUND
fr
wu
Imm
KIM
NOTES*
The bearinos, distances, areas and coordinates
shown hereon are Texas State Coordinate System
. . . Ig-
VVEHICLE NON-ACCESS
EASEMENT
r-P.O.B. VOLT PG.638
PRGCT
L2 k
0.
& CATV EASEMENT
VOL.7, PG.638
PRGCT
16'X21'WATER EASEMENT
GENOBRERA MALPAZ SURVEY NO. 67,
ABSTRACT NO. 221
CITY OF SCHERTZ
GUADALUPE COUNTY, TEXAS
N30"24'16'W
8 30"24'16"E
NN3 0 * 2 43 6'W
16'X21'WATER EASEMENT
GENOBRERA MALPAZ SURVEY NO. 67,
ABSTRACT NO. 221
CITY OF SCHERTZ
GUADALUPE COUNTY, TEXAS
CITY COUNCIL MEMORANDUM
City Council May 28, 2019
Meeting:
Department: Executive Team
Agenda No. 4.
Subject: Resolution 19 -R -64 - Consideration and /or action approving a Resolution by the City Council
of the City of Schertz, Texas, authorizing the City Manager to enter into an Interlocal
Agreement with the City of Cibolo regarding cost sharing for improvements to
Wiederstein Road. (B. James)
On April 23, 2019, the Schertz City Council approved Resolution 19 -R -53 authorizing an interlocal
agreement (ILA) with the City of Cibolo for the improvement of Wiederstein Road. On May 14, the
Cibolo City council considered the ILA and added a condition that the City of Schertz be responsible for
the maintenance of Wiederstein Road as part of their approval. While staff had anticipated that Schertz
would be responsible for maintenance, Cibolo included it in the agreement. Although the majority of the
road will be in Schertz, approximately one lane will be in the City fo Cibolo. As such, staff is
seeking Council approval of the revised ILA. All other aspects of the ILA are the same.
The attached draft agreement obligates the City of Schertz to provide $1,300,000 towards the project. The City is
required to provide a surety in this amount and will pay upon completion of the project. Cibolo will be
responsible for constructing or causing to be constructed all the improvements. Construction plans must be
approved by the City of Schertz and the project will be inspected by the City of Schertz. There is a deadline of 18
months for construction to occur. Cibolo will also be responsible for posting surety in the event they default on
the agreement, this would allow the City of Schertz to use those funds to finish the project. As noted above,
Schertz would be responsible for maintenance of the road once complete.
The City of Cibolo is also requesting that this section of Wiederstein Road (from Old Wiederstein. Road to III -35)
be renamed Cibolo Valley Drive. Staff is supportive of this request to avoid confusion for drivers and provide the
City of Cibolo with signage on IH -35 referencing their community's name. Staff feels this gesture is appropriate
given the cooperation and mutual support shown by both communities. The City of Schertz would still be allowed
to name the extension of Wiederstein Road on the opposite side of IH -35 something else and Schertz could
reserve the right to an honorary name of the segment being renamed (like FM 3009 is Roy Richard Drive). The
City cannot approve the name change with this resolution, so staff is processing and ordinance to change the
name as a separate item. Per the City's name change policy, street name changes must be considered by the
Planning and Zoning Commission before coming to City Council. Staff anticipates having the name change to
Council in July. If council has a reluctance to change the name, they should not approve this resolution at this
time, as this is an important issue for the City of Cibolo.
The agreement also obligates both communities to pledge $500,000 towards making improvements to the
intersections of the north and southbound frontage roads. The goal is to get TxDOT to utilize these funds to make
the improvements to the intersection and overpass. If agreement cannot be reached with TxDOT by the end of
2019, the Cities are no longer obligated to pledge these funds.
GOAL
To partner with the City of Cibolo to bring about the improvement of Wiederstein Road.
COMMUNITY BENEFIT
This will bring about the improvement of Wiederstein Road sooner than if the cities did not work
together on the project.
d 1UV E-1 11141111 a . X411JUT _U 10112113 01 1 10
Staff recommends approval of Resolution 19 -R -64 authorizing the revised interlocal agreement with the
City of Cibolo.
FISCAL IMPACT
Funding for this project of $1,300,000 and potentially and additional $500,000 for improvements to the
intersection and overpass of IR -35 and Wiederstein Road are anticipated to come from CO bonds.
Additionally, the City of Schertz will be rezponsible for maintenance of the road.
I N xKQu i►I 1 D1011 17,114 11111011
Staff recommends Council approve Resolution 19 -R -64
Attachments
Resolution
Revised ILA Wiederstein
1119001
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH THE
CITY OF CIBOLO REGARDING COST SHARING FOR
IMPROVEMENTS TO WIEDFRSTEIN ROAD.
WHEREAS, the City of Schertz and the City of Cibolo desire to work together to make
improvements to Wiederstein Road; and
WHEREAS, Wiederstein Road serves the transportation needs of both communities; and
WHEREAS, development activity that is occurring in the vicinity will only add additional
traffic to Wiederstein Road; and
WHEREAS, future construction to FM 1103 and Interstate Highway 35 will likely increase
the amount of traffic on Wiederstein Road; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1. The City Council hereby authorizes the City Manager to enter into the
Interlocal Agreement for the improvement of Wiederstein Road with the City of Cibolo as set forth
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 28th day of May, 2019.
CITY OF SCHE.RTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
Attached
THE STATE OF TEXAS § INTERLOCAL AGREEMENT BETWEEN
§ THE CITY OF SCHERTZ AND THE
§ CITY OF CIBOLO
COUNTY OF GUADALUPE §
_;11 IUIL IJ ;I
The Parties to this Agreement ( "Agreement ") are the City of Cibolo and the City of
Schertz (collectively referred to as the "Parties "). The Parties enter into this Agreement under the
general provisions of the Interlocal Cooperation Act, Texas Government Code Chapter 791,
under the specific authority of §791.026 and Texas Education Code §44.031(a)(5). This
Agreement is made for the purpose of efficient and effective use of resources and is in the best
economic interests of the Parties. The City of Cibolo and the City of Schertz are political
subdivisions of the State of Texas.
RECITALS
WHEREAS, the Parties have identified certain common, legitimate public purposes in
entering into this Agreement; and
WHEREAS, the governing bodies of the City of Cibolo and the City of Schertz each met
in legally convened open meetings and authorized their respective representatives to enter into
this Agreement; and
WHEREAS, the Parties intend to enter into a new agreement whereby the City of Cibolo
will construct or cause to be constructed Wiederstein Road generally from Cibolo Valley Drive
through the intersection of the northbound frontage road of Interstate Highway 35, the full right -
of -way which is located in the corporate boundaries of Cibolo and Schertz, as shown on Exhibit
"A" and the City of Schertz contribute funds toward that construction; and
WHEREAS, the City of Schertz desires to provide up to $1,300,000 towards the cost of
the construction; and
WHEREAS, the City Council of the City of Schertz has indicated a willingness to change
the name of Wiederstein Road from Cibolo Valley Drive to the northbound frontage road of
Interstate Highway 35 in support of working in partnership with the City of Cibolo on areas of
mutual interest and has approved Ordinance XX -X -19 changing the name; and
WHEREAS, the City of Cibolo and City of Schertz desire to make additional roadway
improvements to the intersections of both the north and south bound frontage road of Interstate
Highway 35 and Wiederstein Road; and
WHEREAS, the City of Cibolo and the City of Schertz will each contribute an additional
$500,000 towards the cost of improving the bridge at Interstate 35 @ Wiederstein Road to
include the feeder road intersections to their full anticipated design, including traffic
signalization; and
WHEREAS, the Texas Department of Transportation (TxDOT) controls the right -of -way
of the intersection of the frontage roads of Interstate Highway 35 and Wiederstein Road, and
their approval is required to make improvements to the intersections, both cities will petition and
support request to TxDOT for approval and additional funding contributions to make intersection
improvements.
NOW THEREFORE, the Parties, for and in consideration of the covenants and
agreements herein set forth to be kept and performed by them respectively, have agreed to and
do hereby agree together as follows:
I. DEFINITIONS
A. "Breach" occurs when any of the Parties fails or refuses to perform one or more
of the duties set forth in this Agreement.
B. "Force Majeure" means an event beyond the reasonable control of a party
obligated to perform an act or take some action under this Agreement including, but not limited
to, acts of God, earthquake, fire, explosion, war, civil insurrection, acts of the public enemy, act
of civil or military authority, sabotage, terrorism, floods, lightning, hurricanes, tornadoes, severe
snow storms or utility disruption, strikes, and lockouts.
C. "Notice" occurs upon written communication by one party to the other as
specifically defined in this Agreement. Notice to the Parties is satisfied by written
communication to the address designated in Paragraph 6.
D. Use of the singular shall include the plural, and vice versa, where the usage
permits reasonable construction of this Agreement.
IINYD17►4 to] W00119o101►/1"LIN1
The term of this Agreement will begin June 1, 2019. The term of this Agreement will end
in eighteen months or less unless extended or terminated before that time as provided in this
Agreement.
III. MUTUAL PROMISES AND COVENANTS OF THE PARTIES
The Parties, in consideration of the mutual promises and covenants contained in this
Agreement, agree as follows:
A. The recitals set out in the preamble are hereby incorporated herein, for all
purposes.
B. The City of Cibolo shall construct or cause to be constructed, roadway, traffic
signals and associated improvements more particularly shown on the "Construction Plans"
approved on (Month, Year) by the City of Schertz for improvement to Wiederstein Road
between Interstate 35 to Old Wiederstein Road (approximately 3,100 feet) the "Project ".
C. Construction Plans for the Project shall be prepared by or caused to be prepared
by the City of Cibolo using the design standards of the City of Schertz. The plans shall be
submitted to the City of Schertz for review and approval By July 1, 2019. The City of Schertz
will have thirty (30) days to review and submit comments back to the City of Cibolo. Revisions
to comments from the City of Schertz shall be resubmitted within 30 days.
D. The improvements shall be built and completed in accordance with the City of
Schertz design standards within eighteen months, unless extended by force majeure, of the
approval of the construction plans by the City of Schertz.
E. The City of Cibolo shall procure or cause to be procured, a construction company
to construct the Project. The City of Schertz shall provide inspections throughout the project to
insure the Project is being constructed in accordance with the approved plans. Changes made in
the plans during construction shall be approved by both Cities.
F The cost of the Wiederstein Road improvements are estimated to be Four Million
Eight Hundred Twenty Five Thousand Dollars ($4,825,000) (the "cost estimate "), as more
particularly shown on Exhibit "B" attached hereto and made a part hereof for all purposes.
G. The City of Schertz shall provide a surety in a form agreeable to the City of
Cibolo in the amount of One Million Three Hundred Thousand ($1,300,000) for the City of
Schertz's contribution to the cost of construction of Wiederstein Road to be paid upon
completion and acceptance of the Wiederstein Road Improvements by the City of Schertz. Upon
the completion of the Wiederstein. Road Improvements and acceptance by the City of Schertz,
the City of Schertz shall be responsible for all maintenance of the Wiederstein Road
Improvements.
H. The cost of improvements are subject to review by the City of Schertz and shall
be standard reasonable costs.
1. The City of Cibolo will provide monthly updates on the status of construction of
the Wiederstein Road Improvements and shall meet the schedule attached as Exhibit "C ". Should
the City of Cibolo fail to meet the construction schedule in Exhibit "C ", they are considered to be
in default of the agreement. The City of Cibolo will have Sixty (60) working days to address the
default. The City of Schertz shall have the right, but not the obligation, to assume responsibility
for the construction of Wiederstein Road. If the City of Schertz provide notice of default, within
Sixty (60) days, the City of Cibolo shall provide the balance of funding for the Wiederstein Road
Construction to the City of Schertz to be used to complete the construction.
J. The City of Schertz and the City of Cibolo agree to approach TxDOT with an
offer of providing Five Hundred Thousand Dollars ($500,000) from each City to be used to
design and construct improvements to the intersections of both the north and south bound
frontage roads of Interstate Highway 35 and Wiederstein Road. If the Cities cannot reach
agreement from TxDOT by December 31, 2019, the cities are no longer obligated to commit
funds for the intersection of both the north and south bound frontage roads of Interstate Highway
35 and Wiederstein Road per this section.
IV. MISCELLANEOUS
A. Notice and Addresses. All notices required hereunder must be given by certified
mail or registered mail, addressed to the proper Party, at the following addresses:
To City of Schertz: City of Schertz, Texas
Attn: Dr. Mark Browne, City Manager
1400 Schertz Parkway
Schertz, TX 78154
With a copy to: City of Cibolo, Texas
Attn: Robert T. Herrera, City Manager
200 S. Main Street
Cibolo, TX 78108
Either Party may change the address to which notices are to be sent by giving the other
Party notice of the new address in the manner provided in this section. Notices shall be deemed
to have been received three (3) days after deposit in the mail.
For ease of administration of this contract, a main contact person has been designated for
each of the Parties as follows:
For the City of Cibolo: Robert T. Herrera, City Manager
For the City of Schertz: Mark Browne, City Manage
B. Parties Bound. This Agreement shall be binding upon, and inure to the benefit of,
the Parties of this Agreement and their respective heirs, executors, administrators, legal
representatives, successors, and assigns.
C. Prior Agreement Superseded. This Agreement constitutes the sole and only
agreement of the Parties regarding their responsibilities to each other concerning the work noted
herein on the Project and supersedes any prior understandings or written or oral agreements
between the Parties respecting the Project. This Agreement in no way modifies or supersedes any
document executed by the Parties prior to this Agreement which does not involve the Project.
D. Amendment. No amendment, modification, or alteration of the terms of this
Agreement shall be binding unless it is in writing, dated subsequent to the date of this
Agreement, and duly executed by the Parties to this Agreement.
E. Hold Harmless. The City of Cibolo will hold the City of Schertz harmless from
any claims contemplated by this Agreement (e.g., contract claims between the City and any
contractors and /or injury or property damage claims) to the extent permitted by Texas law. The
City of Cibolo is solely responsible and liable for ensuring all requirements for procurement and
bidding are followed.
F. Violation of Law. The City of Cibolo and the City of Schertz shall not knowingly
violate any Federal, State or local laws, regulations, or ordinances in the performance of this
Agreement.
G. Enforceability. If any provision of this Agreement proves unlawful or
unenforceable by a court having jurisdiction over the Parties or the subject matter, such provision
shall be severable from the other provision of this Agreement, and all remaining provision shall
be fully enforceable. The City of Cibolo will provide or cause to be provided a surety in a form
agreeable to the City of Schertz in the amount of Three Million Five Hundred Twenty Five
Thousand ($3,525,000) that can be used by the City of Schertz to construct the Project in
the event of a default by the City of Cibolo per Section I.
H. Governing Law and Place for Performance. This Agreement shall be governed by
the laws of Texas, which state shall also be deemed the place where this Agreement was entered
into and the place of performance and transaction of business and Parties. In the event of
litigation pertaining to the Agreement, the exclusive forum, venue, and place of jurisdiction shall
also be the County of Guadalupe and the State of Texas unless otherwise agreed in writing by the
Parties. The Parties acknowledge that each has had the unfettered opportunity to review, revise,
and negotiate the terms of this Agreement and that if in the future there is a dispute as to the
meaning of any provision herein, then no such provision shall be construed against the drafter of
the Agreement.
I. Exhibits Incorporated. All exhibits to this Agreement are incorporated by
reference as if completely set out herein.
J. Signature Warranty Clause. The signatories to this Agreement represent and
warrant that they have the authority to execute this Agreement on behalf of the City of Cibolo
and the City of Schertz, respectively.
K. No Waiver of Immunities. Nothing in the Agreement shall be construed to waive
any immunities from suit or liability enjoyed by the City of Cibolo, the City of Schertz, their past
or present officers, employees, or agents of employees.
L. No Third Party Beneficiary. This Agreement inures to the benefit of and obligates
only the parties executing it. No term or provision of this Agreement shall benefit or obligate any
person or entity not a party to it. The parties hereto shall cooperate fully in opposing any attempt
by any third person or entity to claim any benefit, protection, release, or other consideration
under this Agreement.
M. No Joint Venture. Nothing contained herein shall be deemed or construed by the
parties hereto, or by any third party, as creating the relationship of principal and agent, partners,
joint ventures, or any other similar such relationship between the parties hereto.
N. Approval by Governing Bodies. This Agreement has been approved by the
Governing bodies of the City of Cibolo and the City of Schertz.
O. Payment from Current Revenues. Each Party paying for the performance of
governmental functions or services must make those payments from current revenues available
to the paying Party.
P. Assignment. Neither Party may assign their interests in this Agreement except
upon receiving the written consent of the other Party.
EXECUTED TO BE EFFECTIVE this
ATTEST:
By:
Peggy Cimics, City Secretary
ATTEST:
By:
Brenda Dennis, City Secretary
day of , 2019
CITY OF CIBOLO
By:
Robert T. Herrera, City Manager
CITY OF SCHERTZ
By:
Mark Browne, City Manager
Agenda No. 5.
CITY COUNCIL MEMORANDUM
City Council May 28, 2019
Meeting:
Department: Planning & Community Development
Subject: Resolution No. 19 -R -66 - Consideration and /or action approving a Resolution amending the
building permit fees to comply with House Bill (HB) 852 and updating the City of Schertz
fee schedule for FY 2018 -19. (B.JameslL. Wood)
City Departments collect a wide variety of fees for permits, services, fines and other charges that are all
part of everyday operations of municipal government. Since September 2008, the fees have been
incorporated into a single fee schedule. Ordinance 08 -M -43 established the consolidated fee schedule
and allows for the modification of existing fees to be done by resolution.
The Fee Schedule for FY 201.8 -1.9 is being updated to comply with House Bill (HB) 852 which prohibits
cities from assessing their residential building permit fees on the value of a residential dwelling or the
cost of constructing or improving a residential dwelling.
GOAL
Gain compliance HB 852 associated with the assessment of building permit fees that was signed by the
Governor on May 21, 2019.
COMMUNITY BENEFIT
Fees are collected as an everyday operation of municipal government to support services.
6311►VI 104 EN awl] a .] PEOUILl 1►l 1910117 91177411 I [1]04
In an effort to gain compliance with HB 852, as quickly as possible, the FY 2018 -19 fee schedule is
being updated to reflect a change to the method that building permit fees are assessed. The schedule has
been updated to assess new single family residential dwellings based on the square footage of the
dwelling. Additionally, the fees fo residential permits associated with improvements (i.e. additions,
remodels, alterations, etc) to a dwelling have been updated to a flat fee. Staff recommends approval of
the resolution.
FISCAL IMPACT
There is no intended fiscal impact with this update of the fee schedule. The change in fees is intended to
meet the requirements of HB 852 and remain consistent with current residential permit fees.
RECOMMENDATION
Staff recommends that City Council approve Resolution No. 19 -R -66, updated the FY 2018 -19 Fee
Schedule.
Attachments
Resolution 19 -R -66
Updated fee schedule
TML Letter
RESOLUTION NO. 19 -R -66
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS UPDATING THE FEE SCHEDULE FOR FY 2018 -19,
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City of Schertz (the "City ") has established by ordinances and
resolutions for fees for licenses, permits, and services provided by the City; and
WHEREAS, due to the need for periodic modification of said fees and for the purposes of
efficiency, the City Council desires to adopt future fee changes by resolution rather than by
ordinance; and
WHEREAS, the Schedule of Fees attached as Exhibit A reflects revisions to certain fees,
a restatement of certain fees not revised, and a consolidation of all such fees; and
WHEREAS, due to House Bill 852 signed by the Governor of the State of Texas on May
21, 2019 an update to the fee schedule was required; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
update the fee schedule.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council amends the FY 2018 -1.9 Fee Schedule to update Permit
Fees as reflected 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 28th day of May, 2019.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
50506221.1 - 2 -
Kesiclential Building Permit I-ees
Minimum permit fee $50.00
New Single Family Residential (one & two family dwellings) per square foot $0.50
New Assessory structures per square foot $0.50
A plan check fee of 50% of the building permit fee is assessed to all permits for the revivew of
residential construction documents and plans associated with a permit. 50%
Flatwork /Deck
$225.00
Patio /Patio Cover
$225.00
Roof Replacement
$200.00
Window Replacement
$150.00
Swimming Pools
$500.00
Foundation Repair
$225.00
See trade permit fees associated with residential permits below.
Commercial Building Permit Fees
Building Permit Fees
New Construction - Commercial (see Cost table below) Cost
Review of Projects and Construction Plans with a cost of $5,000 or greater, as % of Permit
Fee 50%
Permit Fees:
Cost of Construction (Cost)
$0.00 to $1,000.00 $ 50.00
$1,001.00 to $15,000.00, for each additional $1,000 and fraction thereof $ 8.00
$15,001.00 to $50,000.00, for each additional $1,000 and fraction thereof $ 7.00
$50,001 and up, for each additional $1,000 and fraction thereof $ 6.00
Following Use The Cost of Construction (Cost) Table above:
Non - residential Flatwork /Deck
Cost
Non - residential Accessory Buildings
Cost
Non - residential Patio /Patio Cover
Cost
Non - residential Roof Replacement
Cost
Non - residential Window Replacement
Cost
Non - residential Swimming Pools in Ground
Cost
Non - residential Foundation Repair
Cost
Sign
Cost
All other permit fees (Residential & Commercial):
Fence (New and Replacement)
$
50.00
Siding /Fascia
$
75.00
Gutters
$
50.00
Temporary Building or Structure
$
50.00
Moving Permit Fee
$
100.00
Demolition Permit Fee
$
60.00
Mobile Home Permit Fee (plus sub - trades as necessary)
$
25.00
Certificate of Occupancy
$
50.00
Pre Certificate of Occupancy Inspection
$
200.00
Failure to Obtain Certificate of Occupancy
$
200.00
Compliance Inspection, each trade
$
50.00
Temporary Sign
$
30.00
Development Sign
$
100.00
Banner
$
25.00
Street Span Banner $ 25.00
Home Occupation Permit (annually) $ 35.00
All plan review fees that follow are subject to a 15% administrative fee
Drainage Plan Review, per hour (2 hour minimum) $ 100.00
Preliminary Plan Review, per hour (2 hour minimum) $ 100.00
Irrigation Plan Review, per hour (2 hour minimum) $ 100.00
Additional Plan Review (ie Revised), per hour (1 hour minimum) $ 100.00
Commercial /Civil Express Plan Review, per hour (2 hour minimum)* TBD
Commercial /Civil Outsource Plan Review* Actual
*Deposit Required
Construction beginning without permit, pay additional: $ 200.00
Failure to Request Inspection, per trade $ 100.00
Failure to Obtain Contractors License /Provide Insurance $ 100.00
Electrical Permit Fees
Electrical Repair /Replacement $ 60.00
New Construction per building /unit $ 100.00
Mechanical Permit Fees
Mechanical Repair /Replacement $ 60.00
New Construction per building /unit $ 100.00
Plumbing Permit Fees
Plumbing Repair /Replacement $ 60.00
New Construction per building /unit $ 100.00
Lead Solder Test $ 15.00
Irrigation Permit Fees
Permit Fee $ 60.00
plus per sprinkler head $ 1.00
plus per backflow or RPZ $ 3.00
subsequent to the installation of the piping or equipment served, each
Re- Inspection Fees
Each re- inspection, per trade $ 75.00
Re- inspections after first, per trade $ 100.00
NOTE: if re- inspection has been called for and the second inspection revealed the
original turn down items have not been corrected in part or whole, in addition to the
above fees, a seventy -two (72) hour notice of inspection shall be required before
another re- inspection will be conducted
No permit fees will be charged for sites located on Main St. (All departments)
No permit fees will be charged to the Schertz Housing Authority (All departments)
Licenses /Registrations:
General Contractor (Initial) $ 150.00
General Contractor (Renewal) $ 100.00
Master Electrician (Initial) State of Texas Issued N/C
Journeyman Electrician (Annually) State of Texas Issued N/C
Apprentice /Wireman Electrician (Annually) State of Texas Issued N/C
Mechanical Contractor (Annually) State of Texas Issued N/C
Plumbing Contractor (Annually)* State of Texas Issued N/C
Irrigation (Annually) State of Texas Issued N/C
Backflow Tester - State of Texas Issued
Sign Contractor (Initial)
Sign Contractor (Renewal)
Electrical Sign Contractor (Initial) State of Texas Issued
Electric Sign Journeyman Electrician (Annually) State of Texas Issued
Electric Sign Apprentice /Wireman Electrician (Annually) State of Texas Issued
Utility Contractor (Annually)
Mobile Home Park (Annually)
*N /C - No Charge for license per state law
Miscellaneous Fees
Street Name Change on Permit
Address Corrections
Notary Public
For any item not specifically included in the preceding schedule, the
Development Services Department shall establish a fee consistent with
the level of work and necessary inspections established by the schedule
and the applicant shall be advised accordingly.
N/C
$ 50.00
$ 40.00
N/C
N/C
N/C
$ 50.00
$ 40.00
$ 30.00
$ 30.00
$ 6.00
May 24, 2019
Number 21
Action Required:
Building Permit Fees
City officials should immediately review the process by which residential building permit fees
are calculated. Many cities currently base their building pen-nit fees on the cost of a proposed
structure or improvement. H.B. 852 now prohibits that practice.
Specifically, the bill provides that: (1) in determining the amount of a building permit or
inspection fee required in connection with the construction or improvement of a residential
dwelling, a city may not consider: (a) the value of the dwelling; or (b) the cost of constructing or
improving the dwelling; and (2) a city may not require the disclosure of information related to
the value of or cost of constructing or improving a residential dwelling as a condition of
obtaining a building permit except as required by the Federal. Emergency Management Agency
for participation in the National Flood Insurance Program.
The bill was signed by the governor on May 21, and it is effective immediately. No grace period
applies, so affected cities should change their system as soon as possible. Options include square
footage -based fees, a flat fee schedule, or any other non - cost -based and reasonable calculation.
Please contact Scott Houston, TML general counsel, at shoustonk tml.or with questions.
TML member cities may use the material herein for any
purpose. No other person or entity may reproduce, duplicate,
or distribute any part of this document without the written
authorization of the Texas Municipal League.
11
AN ACT
P11011POKIVOWSOWN
2 relating to information a municipality may consider in determining
3 the amount of certain building permit and inspection fees.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5 SECTION 1. Subchapter Z, Chapter 214, Local Government
6 Code, is amended by
adding Section
214.907 to
read as follows:
7 Sec. 214.907.
PROHIBITION
ON CERTAIN
VALUE-BASED BUILDING
13
(2)
the
8 PERMIT AND INSPECTION FEES. (a) In determining the amount of a
9 building permit or inspection fee required in connection with the
10 construction or imnrovement of a residential dwelling, a
11
municipality may
not
consider:
12
(1)
the
value of the dwelling; or
13
(2)
the
cost of constructing or improving the
14 dwelling.
15 (b) A municipality may not require the disclosure of
16 information related to the value of or cost of constructing or
17 improving a residential dwelling as a condition of obtaining a
18 building permit except as required by the Federal Emergency
19 Management Agency for participation in the National Flood Insurance
20 Program.
21 SECTION 2. Section 214.907(a), Local Government Code, as
22 added by this Act, applies only to a building permit or inspection
23 fee assessed by a municipality on or after the effective date of
24 this Act in connection with the construction or improvement of a
1
ff i • - *'j
1 residential dwelling.
2 SECTION 3. This Act takes effect immediately if it receives
3 a vote of two-thirds of all the members elected to each house, as
4 provided by Section 39, Article III, Texas Constitution. If this
5 Act does not receive the vote necessary for immediate effect, this
6 Act takes effect September 1, 2019.
2
ff i • - *Ij
President of the Senate Speaker of the House
I certify that H.B. No. 852 was passed by the House on April
16, 2019, by the following vote: Yeas 126, Nays 9, 2 present, not
• •
Chief Clerk of the House
I certify that H.B. No. 852 was passed by the Senate on May 8,
2019, by the following vote: Yeas 29, Nays 2.
Date
Governor
3
Secretary of the Senate
Agenda No. 6.
CITY COUNCIL MEMORANDUM
City Council Meeting: May 28, 2019
Department: Executive Team
Subject: Discussion and update on the Employee Engagement Survey (S. Gonzalez/L. Cox)
Attachments
CCM Update on Employee Engagement Survey
power point employee engagement
Workshop
CITY COUNCIL MEMORANDUM
City Council Meeting: May 28, 2019 .
Department: Executive Team
Subject: Discussion and update on the Employee
Engagement Survey
BACKGROUND
At the November 27, 2018 City Council meeting, staff presented the results of the 2018
Employee Engagement Survey. Staff also discussed the "Best Practice Workshops ", an idea
developed out of looking for practical ways to take next steps with the survey results.
The Best Practice Workshops are groups that are comprised of Facilitators, or those Department
Heads that scored higher in a survey construct and Attendees, or those Department Heads who
scored lower in a survey construct. Led by the Facilitators, these workshops were planned to take
place over a five -month period, beginning in January 2019.
The ultimate goal of these workshops is for departments to learn from one another, to develop
SMART (specific, measurable, achievable, realistic and timely) goals with defined action plans
tied to them, and to communicate and involve all staff through the process.
Staff is here tonight to provide Council an update on the completion of the workshops.
Fill WIN � #,
9m
May 28, 2019 City Council Meeting
iiq iq 1 11 1 0,111'' ,
Employee Engagement
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Documents > 2M8 SMART Goals and Communication Plans
E) Name
Modified
City Manager
may 8
EMS
%'Y 8
Engineering
M.Y 13,
Finance, Court, Utility Billing
May 8
Fire
May '.8
Fleet and Facility Services
ky,y S'
HR
Mey
IT
l
Library
May 8
barks
May 8
Planning and Community Development
May 8
Police
mov 8
Public Affairs
May 8
Public Works
May 8
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Sarah Gorzaiez
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Name:
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Department:
Ps Vice
Web Link I (Web Link)
Wednesday, April 24, 2019 6:49:28 PM
Wednesday, April 24, 2019 6:53:05 PM
00,03:37
24.243.37139
93
My Supervisor quickly integrated me Into the team.
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I received initial training to help me understand internaL systems, general operating practices, and other Bnformation needed to
perform my job.
Agree
COMMUNITY
ERVICE
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Workshop groups will reconvene after budget revie
the progress of i goals
City Council Meeting:
Department:
Subject:
HB Attachment
CITY COUNCIL MEMORANDUM
May 28, 2019
Executive Team
2019 . Hal Baldwin Scholarship Update (S. Gonzalez)
Attachments
Agenda No. 8.
Informational Only
CITY COUNCIL MEMORANDUM
City Council Meeting: May 28, 2019
Department: City Manager
Subject: 2019 Hal Baldwin Scholarship
On May 14, 2019 the seven - member Hal Baldwin Scholarship Committee met to review the
applications received for this year's scholarship.
There were only three applicants and unfortunately, they did not meet the criteria that was set forth
in the application. After careful review and much discussion, the Committee unanimously
recommended that they do not award a scholarship this year and the money will go back into the
scholarship fund for next year.
The Committee plans to meet in the summer to review /revise the current application and discuss
ways to increase participation for the following year.