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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 in of the Spence) Mayor Pr FY 2019 - Councilmember Mark Davis Councilmember Scott Larsot vid Scagliola eager Dr. Mark :)rney Daniel S 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 Horne Documents Pages SitL contents 'LR + New - T- Upload ',- 2 Share 'Lla Copy link �q' Sync j, Download *11 Export to Excel 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 Modified By Add column F'ana S".1' C—e�az Saran GarzWez Sarah Gorzaiez S—n Sarah G—.�ez Swah Corzaiez sa"a l corzayez .S a' GarzzOez C—TaSSez Saran rzWez Sarah Gorza3ez ........... 91 Name: Q2 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. I= Q4 I received initial training to help me understand internaL systems, general operating practices, and other Bnformation needed to perform my job. Agree COMMUNITY ERVICE S SS C I HEERTZ 1, OPPORTUNrfY �'. i i 1 • to liq • � i i t .i "�� i Will • � • • i i � - i' *..�,. mi[ii'] ........... ...... i miq� � p � I i. I I i i rel I 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.