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03-02-2021 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL March 2, 2021 SCHERTZ, TEXAS 78154 CITY OF SCHERTZ CORE VALUES Do the right thing Do the best you can Treat others the way you want to be treats Work cooperatively s a team City Council will hold its regularly rly sc e le eeti at ., Tuesday, March 2, 2021, at the City Council Chambers. In lieu attending the meeting in ers , residents will have the opportunity to atc the meeting via live stream the City's YouTube Channel. Call to Order Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Heyward) Employee Recognition • Adriana Rutledge - EMS Administrative Assistant (C. Kelm /J. Mabbitt /B. Hill) • Jack Bluebird Sr. - IT Systems Administrator, and Andrew Conley IT Support Specialist (B. James /M. Clauser) • Luis Hinojosa - Public Works Street Worker 1 (J. Kelm/S. Williams /D. Letbetter) City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm/S. Gonzalez) • Announcements and recognitions by the City Manager (M. Browne) • Announcements and recognitions by the Mayor (R. Gutierrez) March 2, 2021 City Council Agenda Page 1 This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 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 of the regular meeting of February 23, 2021. (B. Dennis) 2. Resolution No. 21 -R -18 - Consideration and /or action approving a Resolution accepting the Semi - annual report with respect to the progress of the Capital Improvements Plan, and other matters in connection therewith. (B. James /J. Walters) 3 Ordinance No. 21 -A -05 - Consideration and /or action on a request for voluntary annexation of approximately 21.4 acres generally located approximately 6,000 feet east of the intersection between FM 1518 and Lower Seguin Road, also known as Bexar County Property Identification Numbers 309419, 309811, 310011, and 310013, Bexar County, Texas. Final Reading (B. James, L. Wood, N. Koplyay) Resolution No.21 -R -15 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a contract with San Antonio Constructors, LTD, relating to the Schertz Parkway Concrete Pavement Repair Project and authorizing the budget expenditures for the project. (M. Browne /B. James /K. Woodlee /J. Nowak) Discussion and Action Items March 2, 2021 City Council Agenda Page 2 5 Ordinance No. 21 -S -06 - Consideration and /or action on a request to rezone approximately 229 acres of land to Planned :Development District (PDD), generally located approximately 6,000 feet east of the intersection between FM 1518 and Lower Seguin Road, also known as Bexar County Property Identification Numbers 309419, 309811, 310011, and 310013, City of Schertz, Bexar County, Texas. Final Reading (B. James, L. Wood, N. Koplyay) Roll Call Vote Confirmation Workshop (. Workshop Discussion and Update (Ordinance 20 -H -18) - Discussion and update regarding the COVID -19 virus and our current Ordinance No. 20 -H -18 Declaration of Local Disaster. (M. Browne /K. Long /S. Hall) Information available in City Council Packets - NO DISCUSSION TO OCCUR ']. Monthly update - on major projects in progress /CIP. (B. James/K. Woodlee) Requests and Announcements • Announcements by the City Manager. • Requests by Mayor and Councilmembers for updates or information from staff. • Requests by Mayor and Councilmembers that items or presentations 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 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 26th DAY OF FEBRUARY 2021 AT 4:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. MUSIMMEM K41of7111 Okla I soIrIII1 ell WEN aK1141so 10113 01111U41W.301117�l111►117_�I]a 1111111%F%V Ell 3�l March 2, 2021 City Council Agenda Page 3 CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 1 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 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 Gutierrez � Councilmember Scagiiola — Place 5 Audit Committee Cibolo Valley Local Government Corporation - Investment Advisory Committee Alternate Main Street Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions - Alternate Schertz- Seguin Local Government Corporation Councilmember Davis— Place 1 —, Councilmember Scott — Place 2 Interview Committee for Boards and Interview Committee for Boards and Commissions Commissions Schertz Animal Services Advisory Commission Main Street Committee - Chair Schertz Housing Authority Board TIRZ II Board Councilmember Whittaker — Place 3 Councilmember Dahle — Place 4 Audit Committee Cibolo Valley Local Government Corporation TIRZ II Board Interview Committee for Boards and Commissions TIRZ II Board Councilmember Heyward — Place 6 Councilmember Brown — Place 7 Audit Committee Main Street Committee Investment Advisory Committee Schertz- Seguin Local Government Corporation - Main Street Committee Alternate March 2, 2021 City Council Agenda Page 4 Agenda No. 1. ei 10UM City Council March 2, 2021 Meeting: Department: City Secretary Subject: Minutes — Consideration and/or action regarding the approval of the minutes of the regular meeting of February 23, 2021. (B. Dennis) The City Council held a Regular City Council meeting on February 23, 2021. RECOMMENDATION Recommend Approval. Attachments 2 -23 draft min DRAFT MINUTES REGULAR MEETING February 23, 2021 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 23, 2021, 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: Present: Mayor Ralph Gutierrez; Mayor Pro -Tem Jill Whittaker; Councilmember Mark Davis; Councilmember Michael Dahle; Councilmember David Scagliola; Councilmember Allison Heyward; Councilmember Tim Brown Absent: Councilmember Rosemary Scott City City Manager Dr. Mark Browne; Assistant City Manager Brian James; Staff. Assistant City Manager Charles Kelm; City Attorney Daniel Santee; Assistant to the City Manager Sarah Gonzalez; City Secretary Brenda Dennis Call to Order Mayor Gutierrez called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Scagliola) Councilmember Scagliola provided the opening prayer followed by the pledges of allegiance to the Flags of the United States and State of Texas. Mayor Gutierrez stated he has a special announcement: Council and guests, while seated it is perfectly fine for you to remove your mask or while speaking at the podium, but as you approach the dais or depart the Chamber we respectfully ask that you place your face mask back on. Presentations • Texas Festival & Event Association's Kaliff Marketing Awards. (M. Browne /B. James /L. Shrum) Mayor Gutierrez recognized Parks, Recreation and Community Services Director Lauren Shrum who provided the following information regarding the recent Kaliff Marketing Awards they received: First Place: Best Miscellaneous On -Site Decor - Daddy Daughter Dance (featured recognition Michelle Yang, Robert Dobratz, Niki Kromer, Art Ortiz) First Place: Best Other Merchandise - Kick Cancer -Pep Rally 5K Run (featured recognition City of Schertz Public Affairs) First Place: Best Educational Program - Nature Discovery Series (featured recognition Texas Master Naturalists Program) First Place: Best Inclusivity Program - Trunk -or -Treat Sensory Area (featured recognition Special Education Parent Advisory Committee and the City of Cibolo) Second Place: Best Single Magazine Display Ad - Daddy Daughter Dance (featured recogniton City of Schertz Public Affairs) Third Place: Best Outdoor Billboard - Holidazzle (featured recognition City of Schertz Public Affairs) Mayor and Council congratulated the Parks, Recreation and Community Services department and others who assisted on these accomplishments. City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm /S. Gonzalez) Mayor Gutierrez recognized Assistant to the City Manager Sarah Gonzalez who provided the following announcements: Tuesday, March 2nd Next regular scheduled Council meeting March 4th -May 6th The Schertz Police Department is hosting the Citizens Police Academy starting March 4, 2021 and ending on May 6, 2021. The classes are every Thursday from 6pm -9pm. At this time, the location of the class is to be determined. Depending on how many applications we receive will depend on having the classes in the PD training room or another location. Applications are available at the Police Department or by visiting the Schertz website at www.Schertz.com/ 351 / Schertz- Citizens - Police - Academy, completing the PDF application, and returning the application to the Schertz Police Department, attention Officer Anna Kraft. N • Announcements and recognitions by the City Manager (M. Browne) Mayor Gutierrez recognized City Manager Dr. Mark Browne who thanked our tremendous staff for all the work they did last week during the Winter storm. It was unbelievable the amount of effort and hours they put in, some literally 24 hours per day to ensure that our systems were safe. Particularly our Public Works Staff, Public Safety Staff. He stated that it would take him to long to start recognizing them by name. The staff really went above and beyond the call of duty to make sure the City was as safe as possible. A tremendous effort by the entire team - thanks to all. We look forward to some appropriate ceremony where we can honor some of the individual efforts that took place. • Announcements and recognitions by the Mayor (R. Gutierrez) Mayor Gutierrez asked to please join him in applauding our Public Works Crews, they did an excellent job. Their dedication and commitment to providing the services that were needed to our city, he cannot say enough. Thank you to our team for their efforts and dedication to this community. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Gutierrez recognized the following who spoke: • Carl Douglas, 2550 Woodland Village, who addressed the Council regarding Henry Gutierrez who died approximately three /four years ago, Christmas Eve. He asked if it was now a cold case type incident or has it been turned over to another jurisdiction. He addressed the Council regarding the recent power outages and the ability for the city to notify the residents. He addressed the Council regarding the COVID -19 vaccination sign -up and how to sign -up and get on this list and the need to get more information out to community regarding the process. • Mr. Dean. Weirtz, 4301 Monument Pass who stated that the effects of the last 12 months have had a negative effect on communities, individuals and cities. Mr. 3 Weirtz reflected as to the nature of each of the events and provided information on (1) COVID-19 Pandemic; (2) the terrible divide citizens of our nation have been forced to endure during and beyond the Presidential political campaign of 2020, political distrust and hate from those possessing different opinions; (3) the destructive winter weather that produced serious hardships and even death within many of the Texas communities. These three events occurring together might well be considered what we sometimes call the perfect storm. He spoke regarding his dealing with COVID and the winter survival issues over the past few weeks. He spoke about the outstanding community responses to at least two of the three aforementioned crises which deserves public acknowledgement and praise; that is the COVID Pandemic event and the winter crises. He feels strongly enough about his family's experience which has had such appreciation for the services received that it prompted him to appear at this public forum to publicly commend those responsible for relief services provided. He continued complimenting staff on the outstanding planning and accommodations of the vaccines and the outstanding services of providing warming stations during the winter crisis. • Mr. Richard Elder, 4317 Willow Oak who spoke regarding Schertz survival of the resent winter storm - cold blast, a well -timed rolling blackout from GVEC and water availability from the City of Schertz. He spoke regarding the Schertz Fire /EMS and Ambuance crews performed very well. Schertz 911 Center made a well -timed 911 call back when the AT &T Uverse digital phone could receive calls but not complete calls - the call back procedure worked well. He spoke regarding the COVID -19 Vaccine situation and process in San Antonio. He addressed the Council regarding the need to get information out to Schertz Seniors. Suggestions on how to contact them, via Meals on Wheels program list, enlisting church, fraternal and club organizations to contact seniors. Enlist the Congressional staff to accomplish an emergency FCC Media Brach "STA" or Special temporary authority FM Broadcast station to play a tape of the current status of appointments. The "STA" is good for 6 months and is renewable. He suggested using a wait list system, if coded as to a category date of sign up, the sequence number for that day, that information can be broadcast on the FM station without a personal information issue. Is Schertz prepared for the really big event? Are critical support functions backed up with standby - backup generators? Are backup resources exercised on a regular basis and realistically? Are functional systems like sewer lift stations equipped with backup? When was the last time the Schertz Emergency Operations Center ran on generator for 3 -5 days requiring a refueling contractor to support continued generator operations? Lastly, he spoke about a possible section within the City of Schertz website, might 11 outline how Schertz is prepared for disaster situations of this recent degree and operational test and evaluation - life is full of examples. Mayor Gutierrez recognized and asked City Secretary Brenda Dennis if she had received any emails for inclusion, she indicated no. 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. Mayor Gutierrez read the following items into record: 1. Minutes — Consideration and /or action regarding the approval of the minutes of the Special Workshop Retreat Meeting of February 5, 2021 and the minutes of the Regular Meeting of February 9, 2021. (B. Dennis) 2. Boards, Commissions and Committee Member Resignations - Consideration and /or action approving the resignation of Mr. Paul Ryson from the Transportation. Safety Advisory Commission. (M. Browne /B. Dennis) 3. Resolution 21 -R -16. Presentation and consideration and /or action regarding the 2020 Annual Racial Profiling Report. (M. Browne /C. Kelm/M. Hansen) Mayor Gutierrez asked Council if there were any items they wished to be removed for separate action. Mayor Gutierrez recognized Mayor Pro -Tem Whittaker who requested that agenda item 3 be removed. Moved by Mayor Pro -Tem Jill Whittaker, seconded by Councilmember Mark Davis to approve consent agenda items 1 & 2. AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed Discussion and Action Items 3. Resolution 21 -R -1.6 - Presentation and consideration and /or action regarding the 2020 Annual Racial Profiling Report. (M. Browne /C. Kelm /M. Hansen) Mayor Gutierrez recognized Mayor Pro -Tem Whittaker who addressed several questions to staff and provided her observations of the 2020 Annual Racial Profiling report. Members of Council also provided their observations of the report and addressed questions. Council continued with a lengthy discussion of this item. Moved by Councilmember David Scagliola, seconded by Councilmember Allison Heyward to approve Resolution No: 21 -R -16. AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed Public Hearings 4. Ordinance No. 21 -A -05 - Conduct a public hearing and consideration and /or action on a request for voluntary annexation of approximately 214 acres generally located approximately 6,000 feet east of the intersection between FM 1518 and Lower Seguin Road, also known as Bexar County Property Identification Numbers 309419, 309811, 310011, and 310013, Bexar County, Texas. First Reading (B. James, L. Wood, N. Koplyay) Mayor Gutierrez recognized Senior Planner Nick Koplyay who provided a PowerPoint presentation introducing this item. Mayor Gutierrez stated that as this is a public hearing he opened the public hearing for those wishing to speak. As no one spoke; Mayor Gutierrez closed the public hearing for Council comments. No comments were made or provided by Council. Moved by Councilmember Mark Davis, seconded by Councilmember Allison Heyward to approve Ordinance No. 21 -A -05 on first reading. AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed 6 5. Ordinance No. 21 -S -06 - Conduct a public hearing and consideration and /or action on a request to rezone approximately 229 acres of land to Planned Development District (PDD), generally located approximately 6,000 feet east of the intersection between FM 1518 and Lower Seguin Road, also known as Bexar County Property Identification Numbers 309419, 309811, 310011, and 310013, City of Schertz, Bexar County, Texas. First Reading (B. James, L. Wood, N. Koplyay) Mayor Gutierrez recognized Senior Planner Nick Koplyay who provided a PowerPoint presentation introducing this item. As this was a public hearing, Mayor Gutierrez opened the public hearing for those wishing to speak. As no one spoke, Mayor Gutierrez closed the public hearing for Council questions and comments. Senior Planner Nick Koplyay addressed several questions from Councilmembers. A lengthy discussion was held by each member of Council who provided their views and thoughts on approval or disapproval of the proposed zoning change. Moved by Councilmember Michael Dahle, seconded by Councilmember Tim Brown to approve Ordinance No. 21 -S -06 on first reading. AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis, Councilmember Michael Dahle, Councilmember Allison Heyward, Councilmember Tim Brown NAY: Councilmember David Scagliola Passed Roll Call Vote Confirmation Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call vote confirmation for agenda items 1 through 5. Workshop 6. Workshop Discussion and Update (Ordinance 20 -H -18) - Discussion and update regarding the COVID -19 virus and our current Ordinance No. 20 -H -18 Declaration of Local Disaster. (M. Browne /K. Long /S. Hall) Mayor Gutierrez recognized Emergency Management Coordinator Summar Hall who provided information regarding the following: • Vaccination update (vaccination clinic this week (February 25th) Received 1 st Dose Allocations - Moderna 300 - did not receive last week due to storm Received 1 st Dose Allocations - Pfizer 1170 - week 11 allocation • Current Case Numbers for Guadalupe, Comal and Bexar County • EOC Activities - Current Numbers • Active County Case Counts • SCUCISD Active Case Counts • State of Texas Testing Positivity Rates • State Disaster Declaration - February 4, 2021, Governor Abbot extended State Disaster Declaration for additional 30 days. City of Schertz declaration follows State. • Daily New Cases - State • State Hospitalization Rates • Hospitalizations Bexar County 7. Winter Weather Emergency Declaration of Local Disaster for Schertz, Texas - Workshop discussion and update regarding the Winter Weather Emergency Response, our Declaration of Local Disaster, and impacts of power outages on our residents and water system. (M. Browne /C. Kelm/K. Long /S. Hall) Mayor Gutierrez recognized Assistant City Manager Charles Kelm who provided a PowerPoint presentation regarding the Winter Storm Response. Highlights included: Winter Storm Timeline: Emergency Response Operations -Public Safety Calls (Feb 15 -19, 2021) -Police Department Operations -Fire Department Operations -Emergency Medical Services Operations -Public Works Operations (24 Hour Operations) -Utilities -Utility Recovery -Significant Challenges -Stone Crest Apartments -Recovery Efforts Roil Call Vote Confirmation Mayor Gutierrez no roll call vote confirmation was required regarding the workshop items. Information available in City Council Packets - NO DISCUSSION TO OCCUR Mayor Gutierrez mentioned agenda items 8 and 9 that were in the City Council packets as well as the information could be found online. No action necessary. 8. Mayor and Council Compensation. (B. James /J. Walters) 9. SEDC Annual Report FY 2019 -2020. (M. Browne /A. Perez) Requests and Announcements • Announcements by the City Manager. No further announcements were provided. • Requests by Mayor and Councilmembers for updates or information from staff. No requests were given at this time. • Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda. No items requested at this time. • 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 Gutierrez recognized the following: Mayor Pro -Tem Whittaker stated that she attended the Northeast Partnership Luncheon last week, as well as assisted with the COVID Clinic. 9 Councilmember Scagliola stated he attended The Chamber Luncheon today. Councilmember Heyward stated she attended and assisted with the COVID Call Clinic, attended the Northeast Partnership meeting, assisted with the COVID Clinic, attended the Guadalupe County Precinct 3 Constable Food Drive, and attended the Chamber Luncheon today. She commented on the State of the City Videos that the Cities of Schertz, Selma and Cibolo provided. Councilmember Brown stated he attended the Chamber Luncheon today, and the City of Schertz State of the City Video is the best one. Adjournment Mayor Gutierrez adjourned the meeting at 8:30 p.m. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary 10 Agenda No. 2. ei Olum City Council March 2, 2021 Meeting: Department: Finance Subject: Resolution No. 21 -R -18 - Consideration and /or action approving a Resolution accepting the Semi - annual report with respect to the progress of the Capital Improvements Plan, and other matters in connection therewith. (B. James /J. Walters) BACKGROUND Section 395.058 (c) (4) of the Texas Local Government Code requires the Capital Improvements Advisory Committee (CIAC) to file semi - annual reports with respect to the progress of the capital improvements plan and report to City Council any perceived inequities in implement the plan or imposing impact fees. Section 90 -158 of the City's Code of Ordinance includes this same requirement. The CIAC is a citizen group made up of our current Planning and Zoning Commission, a real estate -type representative and a resident in the Extraterritorial Jurisdiction, all of whom are appointed by the City Council. Impact fees can only be charged to new development and used in compliance with a specific adopted plan. Projects in the plan must be designed to increase the capacity of our water and sewer infrastructure to accommodate our growth. General maintenance or replacing old pipes would not be acceptable uses of these funds. The attached report includes capital recovery balance reports for April 1, 2020 through September 30, 2020 and the draft CIAC minutes from November 18, 2020. GOAL To accept the Semi - annual Reports on the revenue and expenditures relating to the water, wastewater, and roadway impact fees as filed by the City of Schertz Capital Improvements Advisory Committee (CIAC). COMMUNITY BENEFIT To ensure compliance with State Law and the City's Code of Ordinances and to ensure that impact fees are being collected and spent appropriately. Approval of Resolution 21 -R -18 accepting the Semi - annual Report as filed by the Capital Improvements Advisory Committee. FISCAL IMPACT The report indicates the amounts collected and spent for water, wastewater, and roadway impact fees. Approval of Resolution 21 -R -18 accepting the Semi - annual Report as filed by the Capital Improvements Advisory Committee. Attachments Resolution 21 -R -1.8 Capital Recovery Balance Report CIAO Minutes Nov 18, 2020 Project Updates RESOLUTION NO. 21 -R -18 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ACCEPTING THE SEMIANNUAL REPORTS WITH RESPECT TO THE PROGRESS OF THE CAPITAL IMPROVEMENTS PLAN, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Capital Improvements Advisory Committee has reviewed the revenue and expenditures relating to the established Capital Recovery Fees in accordance with the Capital Improvements Plan for the City of Schertz; and WHEREAS, the City Council accepts the Semiannual Reports as filed by the Capital Improvements Advisory Committee in accordance with Texas Local Government Code Chapter 395; then BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby accepts the Capital Recovery Balance Report with respect to the progress of the Capital Improvements Plan for the City of Schertz, Texas for the periods of April 1, 2020 through September 30, 2020 as shown in the attached Exhibit A and the draft minutes of the November 13, 2020 City of Schertz Capital Improvements Advisory Committee as shown in the attached Exhibit B. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 2nd day of March, 2021. CITY OF SCHERTZ, TEXAS Rafael Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ CAPITAL RECOVERY IMPACT FEE REPORT APRIL 1, 2020 TO SEPTEMBER 30, 2020 Apr 1, 2020 to Sept 30, 2020 Beginning Allocated Impact Fee Balance' Net Change in Allocted Impact Fees Ending Allocated Impact Fee Balance * * * * * * * * * * * * ** IMPACTS FEES * * * * * * * * * * * * ** Water Sewer Total 1,161,122.42 152,267.99 1,313,390.41 1,161,122.42 0.00 1,161,122.42 0.00 152,267.99 152, 267.99 Beginning Unallocated Impact Fee Balance 7,080,227.76 7,125,712.81 14,205,940.57 Revenues Impact Fees 680,106.00 361,985.48 1,042,091.48 Transfer In 0.00 0.00 0.00 Interest Earned 232.44 118.82 351.26 Investments Income 22,499.69 19,295.03 41,794.72 Misc Income 0.00 0.00 0.00 Reimbursement 0.00 0.00 0.00 Expenses Advertising 0.00 0.00 0.00 Engineering 0.00 0.00 0.00 Legal Svcs 0.00 0.00 0.00 Professional Services 57,301.03 159,004.84 216,305.87 CCMA- NorthCliffe Impact Fees 0.00 0.00 0.00 Auditor /Accounting Services 0.00 0.00 0.00 Investment Mgt Fee - Sewer 0.00 2,273.24 2,273.24 Transferred Out 0.00 0.00 0.00 Total Revenue Over /(Under) Expense 645,537.10 865,658.35 220,121.25 Ending Unallocated Impact Fee Balance 7,725,764.86 7,345,834.06 15,071,598.92 Estimated Cost of Unfunded Projects Corbett Ground Storage Tank NE Quad Distribution Mains Impact Fee Study Update Woman Hollering Trunk Line Cibolo West Trunk Line Impact Fee Study Update 5,000,000.00 1,300,000.00 127,216.28 7,860,000.00 6,000,000.00 156,477.85 Total Unfunded Project Costs 6,427,216.28 14,016,477.85 20,443,694.13 Unfunded Projects to Ending Unallocated Impact Fee Balance 2 1,298,548.58 (6,670,643,79) (5,372,09 5.31) Allocated Impact Fee Balances only include Capital Recovery funds and not funds from any other source. It also assumes Capital Recovery Funds are used first when allocated. z Negative Unfunded Projects to Ending Impact Fee Balance to be funded by future revenues or through other sources Capital Recovery Water Projects Capital Improvements Program SE Quad Pump Station SE Quad GST SE Quad Elevated Tank SE Quad Distribution Mains NE Quad Distribution Mains IH10 Corridor Distribution Mains Original Cost Estimate $ 1,688,289 $ 1,100,000 $ 1,250,000 $ 1,700,000 $ 1,600,000 $ 1,000,000 Current Project Designation Corbett Ground Storage Tank Corbett Ground Storage Tank Corbett Elevated Tank - RL1 Corbett Elevated & Ground Tanks $ $ Current Cost Estimate $ 5,000,000 $ 5,650,000 $ 1,300,000 Capital Recovery Fundine /Allocation 2011 $ I $ 1 $ 4,523,917.24 $ $ $ 2012 $ $ $ 1,022,245.46 $ $ $ 2013 $ $ $ 12,251.14 $ $ $ 2014 $ 500.00 2015 $ 86,166.10 2016 $ 3,050,000.00 2017 $ 6.77 2018 $ 2,081.13 2019 $ 1,375,000.00 2020 $ 120,233.32 Capital Recovery Funding Balance $ I $ 1 $ 4,523,917.24 $ $ $ Other Funding Sourcesi $ $ $ 1,022,245.46 $ $ $ Total Project Funding Sourcesl $ $ $ 5,546,162.70 $ $ $ Proiect Annual Expenses First Half 2011 Second Half 2011 First Half 2012 Second Half 2012 First Half 2013 Second Half 2013 $ 12,251.14 First Half 2014 $ 6.77 Second Half 2014 $ 2,081.13 First Half 2015 $ 980.00 Second Half 2015 $ 120,233.32 First Half 2016 $ 87,843.28 Second Half 2016 $ 22,763.75 First Half 2017 $ - Second Half 2017 $ 40,403.20 First Half 2018 $ 6,248.00 Second Half 2018 $ 7,485.13 First Half 2019 $ 50,510.63 Second Half 2019 $ 1,994,741.24 First Half 2020 $ 1,385,858.48 Second Half 2020 $ 1,161,122.42 Total Expenses $ $ $ 4,892,528.49 $ $ $ Allocated Impact Project Fee Balance $ - $ - $ - $ - $ - $ - Project Balance $ 1 $ 1 $ 653,634.21 $ $ $ Project Status Future Future Ongoing Future Future Future Capital Recovery Sewer Projects Capital Improvements Program Final South Sewershed Master Plan Town Creek Phase III Town Creek Phase IV Woman Hollering Creek STP PH II South Schertz Trunk Lines and Lift Station South Schertz Trunk Lines and Lift Station Original Cost Estimate $ 15,000 $ 659,126 $ 1,000,000 $ 600,000 $ 9,600,000 Current Project Designation $ Town Creek Phase III - QA3 $ Crossvines Batch Plant Expansion - QA4 Woman Hollering Trunk Line - QA2 /Q01 Cibolo West Truck Line Current Cost Estimate $ 931,740 $ 487,848 $ 10,860,000 $ 6,000,000.0 Capital Recovery Funding /Allocation 2011 $ $ - $ $ 487,848.00 $ $ 2012 Bond 2007 $ 931,739.74 Bond 2013 $ 3,000,000.00 2013 $ $ 931,739.74 $ $ 487,848.00 1 $3,000,000.00 $ 2014 $ 82,262.17 2015 $ 49,861.30 2016 $ 980.00 $ 17,032.55 2017 $ 28,743.00 $ 61,364.70 2018 $ 46,690.62 $ 487,848.00 $ 34,775.84 2019 $ 5,858.72 $ - $ 5,382.50 2020 $ 815,683.00 $ 38,315.41 Capital Recovery Funding Balance $ $ - $ $ 487,848.00 $ $ Other Funding Sources Bond 2007 $ 931,739.74 Bond 2013 $ 3,000,000.00 Total Project Funding Sources $ $ 931,739.74 $ $ 487,848.00 1 $3,000,000.00 $ Project Annual Expenses First Half 2011 Second Half 2011 First Half 2012 Second Half 2012 $ 82,262.17 First Half 2013 $ 49,861.30 Second Half 2013 $ 980.00 $ 17,032.55 First Half 2014 $ 28,743.00 $ 61,364.70 Second Half 2014 $ 46,690.62 $ 34,775.84 First Half 2015 $ 5,858.72 $ 5,382.50 Second Half 2015 $ 815,683.00 $ 38,315.41 First Half 2016 $ 33,784.40 $ 121,438.32 Second Half 2016 $ 83,983.26 First Half 2017 $ 6,220.00 Second Half 2017 $ 4,048.18 First Half 2018 $ 247,870.62 Second Half 2018 $ 68,609.20 $ 212,479.83 First Half 2019 $ 225,595.33 $ 56,860.59 Second Half 2019 $ 41,375.48 $ 225,106.41 First Half 2020 $ - $ 98,737.52 Second Half 2020 $ - $ 135,710.99 Total Expensesi $ $ 931,739.74 1 $ $ 335,580.01 $ 1,481,450.19 $ Allocated Impact Project Fee Balance I $ $ $ $ 152,267.99 $ $ Project Balance $ $ $ $ 152,267.99 $ 1,518,549.81 1 $ Project Status Future Complete Future On Going On Going Future CITY OF SCHERTZ ROADWAY IMPACT FEE REPORT APRIL 1, 2020 TO SEPTEMBER 30,2020 Apr 1.2020 to Sept 30, 2020 Beginning Allocated Impact Fee Balance Net Change in/V|ommd Impact Fees Ending Allocated Impact Fee Balance Beginning Unallocated Impact Fee Balance Revenues: Impact Foes Transfer In Interest Earned Investments Income Miao|ncomo Reimbursement Expenses: Advertising Engineering Logo|Svos Professional Services *mditor/A000unUngSomiooa Transferred Out Total Revenue Over/(Unde,)Expense Ending Unallocated Impact Fee Balance ROADWAY IMPACTS FEES Area Area Area Area Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0l0 0.00 0.00 0.00 109.031.03 95.090.55 195,504.27 3.570.62 464.387.07 108.002.00 50.072.98 251.891.21 2.090.00 472.722.19 0.00 0l0 0.00 0.00 0.00 178.29 88.04 238.95 2.83 508.91 0.00 0.08 0.00 0.00 0.00 0.00 0.00 8.00 0.00 0.00 0.00 0.00 0.08 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.08 0.00 0.00 0.00 0.00 0.00 8.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 473,231.10 168,240.29 50,161.82 252,130.16 2,698.83 337.871.92 145.852.37 447.634.43 0.209.45 937.028.17 CAPITAL IMPROVEMENT ADVISORY COMMITTEE MINUTES November 18, 2020 The Schertz Capital Improvement Advisory Committee convened on November 18, 2020 at6:00 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. Present: Ernie Evans, Member; Richard Braud, Member; Ricky Haynes, Member; Glen Outlaw, Member; Earl Platt, Member; Mark Penshorn, Member; Judy Goldick, Member; Jimmy Odom, Member Absent: Gordon Rae, Member; Ken Greenwald, Member City Staff: Brian James, Assistant City Manager; Charles Kelm, Assistant City Manager; Lesa Wood, Planning and Community Development Director; James Walters, Finance Director; Nick Koplyay, Planner; Megan Harrison, Planner; Daniel Santee, City Attorney 1. CALL TO ORDER / ROLL CALL THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE MEETING Mr. Outlaw called the CIAC meeting to order at 6:OOP.M. 2. HEARING OF RESIDENTS Residents who choose to watch the meeting via live steam, but who would like to participate in Residents to be Heard, should email their comments to the Planning Division, at planning scherts.com by 5:00p.m. on Tuesday, November 17, 2020, so that the Planning Division may read the public comments into the record under the hearing of residents. In the body of the email please include your name, your address, phone number, agenda itenn number if applicable or subject of discussion, and your comments. This time is set aside for any person who wishes to address the Capital Improvement Advisory Committee. Each person should fill out the Speaker's register prior to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by the Commission of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. There were no residents who spoke. 3. PUBLIC HEARING A. Hold a public hearing, consider and file the semi - annual report evaluating the progress of the city on achieving the capital improvements program and identifying any problems in implementing the plans or administering the capital recovery fees. Mr. Outlaw opened the public hearing at 6:05 P.M. No one spoke during the public hearing. Mr. Outlaw closed the public hearing at 6:06 P.M. There was a brief discussion. Motioned by Member Ricky Haynes to recommend to the City Council approval of the semi - annual report, seconded by Member Jimmy Odom Vote: 8 - 0 Passed 4. ADJOURNMENT OF THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE MEETING Mr. Outlaw adjourned the CIAC meeting at 6:07 P.M WATER AND WASTEWATER CAPITAL RECOVERY PROJECT UPDATES October 1, 2020 Corbett Elevated Water Storage Tank: o Project Status: Under Construction o Construction Start: March 2019 o Construction Completion: Summer 2020 o Cost of Construction: $4,682,000.00 o Project Update: The electrical and SCADA work continued throughout August. Delays in the electrical and final pump station work delayed the initial start up to late August. The tank is expected to be filled for the first time in early September. The onsite paving was completed in August and the work on the site fence continued throughout August. Woman Hollering Creek Wastewater Interceptor Main and Lift Station: o Project Status: Design o Consultant: Cobb, Fendley & Associates, Inc. o Estimated Construction Start: Fall 2020 o Estimated Cost of Construction: $12 million o Project Update: City Staff is reviewing final construction plans and specifications submitted by CobbFendley. Staff also continues to work on the Final Plat and Site Plan processes. The total number of easements acquired is 20 out of a total of 21. Negotiation of the final needed easement is in process. The project is expected to be advertised for bid this Fall. Water and Wastewater Master Plan Update and Impact Fee Study: o Project Status: Study o Consultant: Lockwood, Andrews, and Newnam, Inc. o Project Start Date: December 2019 o Project Completion Date: Spring 2021. o Total Project Cost: $467,280 (NTE $500,000) o Project Update: Meeting scheduled for September for Consultant to review water and wastewater models with City Staff. Agenda No. 3. CITY COUNCIL MEMORANDUM City Council March 2, 2021 Meeting: Department: Planning & Community Development Subject: Ordinance No. 21 -A -05 - Consideration and /or action on a request for voluntary annexation of approximately 214 acres generally located approximately 6,000 feet east of the intersection between FM 1518 and Lower Seguin Road, also known as Bexar County Property Identification Numbers 309419, 309811, 310011, and 310013, Bexar County, Texas. Final Reading (B. James, L. Wood, N. Koplyay) BACKGROUND This item was approved following the public hearing at the February 23, 2021 City Council Meeting by a 6 -0 vote; this is the final reading of Ordinance 21 -A -05. Annexation of land into the City's corporate limits may be voluntary or involuntary. Each type has Texas Local Government Code (LGC) requirements that identify the necessary process based on the annexation type. The City's Unified Development Code (UDC) Section 21.4.8 includes provisions that apply to requests for voluntary annexation meeting certain criteria. This section of the City's UDC includes provisions for processing of voluntary annexation requests. On behalf of each of the property owners, Moy Tarin Ramirez Engineers, LLC submitted a petition for voluntary annexation to the City of Schertz for approximately 214 acres of land generally located approximately 6,000 feet east of the intersection between FM 1518 and Lower Seguin Road, also known as Bexar County Property Identification Numbers 309419, 309811, 31001.1, and 310013. On January 26, 2021, City Council approved Resolution 21 -R -06, accepting a petition for voluntary annexation, therefore allowing this annexation ordinance to be heard by the City Council. The property owners are also requesting to zone the subject property to Planned Development District (PDD) immediately following action of Ordinance 21 -A -05. A public hearing notice was published in the San Antonio Express News for the public hearing associated with the annexation ordinance on February 10, 2021, City Staff also sent written notice of the proposed annexation to the Board of Trustees for Schertz-Cibolo- Universal City ISD and all property owners within 200 feet on February 10, 2021. Additionally, a public hearing notice has been published on the City of Schertz website since February 11, 2021. At the time of this report, Staff has received four responses in favor of the proposed annexation. GOAL The property owners are requesting voluntary annexation into the City of Schertz because they want the subject property to be located within the Schertz City limits in order to develop the land as a residential subdivision under the Planned Development Zoning District (PDD). CK1 a u_ Promote the safe, orderly, efficient development and ensure compliance with the City's vision of future growth. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of annexation Ordinance 21 -A -05. FISCAL IMPACT In accordance with Texas Local Government Code (LGC) Chapter 43, the City must provide services to the land on the effective date of the annexation. While some services are provided to the subject property through an interlocal agreement, the City of Schertz must provide police protection, fire protection, emergency medical services, operation and maintenance of streets, solid waste collection, sewer service, and water service. However, The fiscal impact of this annexation was already accounted for given that the subject properties are under delayed annexation development agreements, which all expire in August 2021. Per the original agreement, the subject properties were already planned to be annexed, and thus the aforementioned services were already planned to be provided, in August 2021. RECOMMENDATION Staff recommends approval of Ordinance 21 -A -05 and the annexation of the approximately 21.4 acres. Attachments Ordinance 21 -A -05 Ordinance 21 -A -05 Exhibit A Ordinance 21 -A -05 Exhibit B Annexation Exhibit Aerial Map Public Hearing Notice Map Public Hearing Notice Responses AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 214 ACRES OF LAND LOCATED IN BEXAR COUNTY APPROXIMATELY 6,000 FEET EAST OF THE INTERSECTION BETWEEN FM 1518 AND LOWER SEGUIN ROAD, ALSO KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBERS 309419, 309811, 310011, AND 310013. WHEREAS, the City Council of the City of Schertz (the "City ") has determined that it should annex the territory described on Exhibit A attached hereto and made a part hereof (the "Annexed Land "); and WHEREAS, the Annexed Land is located entirely within the extraterritorial jurisdiction of the City, is contiguous to the corporate boundaries of the City (or is deemed to be contiguous, pursuant to Section 43.035(c) of the Texas Local Government Code, as amended), and may be annexed pursuant to Chapter 43 of the Texas Local Government Code, as amended; and WHEREAS, Texas Local Government Code Section 43.028 authorizes the City of Schertz to extend its City limit boundaries through the voluntary annexation of area adjacent to those boundaries upon petition of a landowner; and WHEREAS, a public hearing notice was published in the San Antonio Express News on January 6, 2021 for the hearing held on January 26, 2021, and notice was published in the San Antonio Express News on February 10, 2021 for the hearing on February 23, 2021; and WHEREAS, on January 26, 2021 the City Council conducted a public hearing and after considering the request for voluntary annexation, adopted Resolution 21 -R -06 accepting a petition for voluntary annexation; and WHEREAS; the City Council finds that the Annexed Land is suitable, and it is in the best interest of the City and the citizens and inhabitants thereof that the Annexed :Land be annexed to and made a part of the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The City hereby annexes the Land described in Exhibit A. Section 2. The Annexed Land shall be included within the City's corporate limits effective on the effective date of this Ordinance, and all taxable property in the Annexed Land shall hereafter bear its pro rata part of the taxes levied by the City, subject to allowable exemptions. Section 3. The land and territory more particularly described as that portion of the tract of land described in Exhibit A, attached hereto and incorporated herein by reference shall be part of the City of Schertz, Texas and inhabitants thereof shall be entitled to all of the rights and privileges as citizens and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Schertz, Texas. Section 4. A service plan outlining the provisions of necessary municipal service to the property described in Exhibit A is hereby approved and the implementation of said plan is hereby authorized. Such plan is attached hereto and incorporated herein as Exhibit B. Section 5. The City manager is hereby authorized and directed to take appropriate action . to have the official map of the City revised to reflect the additions to the City's Corporate Limits and the City Secretary is hereby authorized and directed to provide appropriate notice to the State of Texas and the County of Guadalupe of this annexation. Section 6. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 7. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 8. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 9. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 10. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 1.1. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 12. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 23rd day of February, 2021. PASSED, APPROVED AND ADOPTED on final reading the 2nd day of March, 2021. Ralph Gutierrez, Mayor Brenda Dennis, City Secretary (SEAL OF THE CITY) v Field Notes for a Tract of Land Containing 213.898 acre • feet) TBPE F-5297, 'I L, No. 10 131500 12770 Cimarron Path, Suite 100 San Antonio, TX 78249 Ph. 210.698.5051 - Fx. 210.698.5085 Pap-e 1 oft CITY OF SCHERTZ, TEXAS ANNEXATION SERVICE PLAN AREA ANNEXED A 213.898 acre (9,317,414.98 square feet) tract of land partially situated in the Julian Diaz Survey No. 66, Abstract 187, County Block No. 5059, partially situated in the William Bracken Survey No. 65, Abstract No. 48, County Block 5055, and partially situated in the William Bracken Survey No. 74, Abstract No. 43, County Block 5056, Bexar County, Texas, said 213.898 acre (9,317,414.98 square feet) tract of land being all of a 36.92 acre tract as conveyed to David Neal Ludwig in Executor's Distribution Deed as recorded in Volume 18598, Pages 159 -164, and a portion of a 135.06 acre tract as conveyed to Milton Friesenhahn in Warranty Deed with Vendor's Lien as recorded in Volume 7423, Page 621 , with undivided three - fourths interest conveyed to Elizabeth Ann Basha, Jeanne Marie Zwicke, and Katherine Menk, in Special Warranty Deed as recorded in Volume 15867, Pages 1756 -1759, and a portion of a 11.680 acre tract designated as Tract I, and a portion of a called 70.824 acre tract designated as Tract II , both tracts conveyed to Donnie K. Fischer and Cindy A. Fischer in Substitute Trustee's Deed as recorded in Volume 13622, Page 2403, all of the Official Public Records of Bexar County, Texas. See Exhibit A, "Metes and Bounds Description ", attached hereto for a complete description of the property. INTRODUCTION This service plan has been prepared in accordance with Local Government Code Section 43.056. Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the city at the following levels and in accordance with the following schedule: POLICE PROTECTION Patrolling, responses to calls, and other police services will be provided on the effective date of the annexation at the same level as provided throughout the city. FIRE PROTECTION AND FIRE PREVENTION Fire protection and fire prevention services will be provided on the effective date of the annexation at the same level as provided throughout the city. EMERGENCY MEDICAL SERVICES Emergency medical services will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the city. SOLID WASTE COLLECTION AND DISPOSAL Solid waste collection and disposal services will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the city. However, no obligation exists for the city to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider. OPERATION AND MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT ARE NOT WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER UTILITY Operation and maintenance of water and wastewater facilities that are not within the service area of another water or wastewater utility will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the city. OPERATION AND MAINTENANCE OF ROADS AND STREETS Operation and maintenance of roads and streets will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the city. STREET LIGHTING Street lighting will be made available on the effective date of the annexation on the same basis and at the same level in comparable areas as provided throughout the city. OPERATION AND MAINTENANCE OF PUBLIC PARKS AND OTHER PUBLICLY OWNED FACILITIES If any public park, playground, swimming pool, or any other publicly owned facility, building or service is located within the annexed area, it will be maintained on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. OTHER SERVICES Other services that may be provided by the city such as planning, code enforcement, animal control, library, park and recreation, court, and general administration will be made available on the effective date of the annexation on the same basis and at the same level as provided throughout the city. CAPITAL IMPROVEMENTS The city will make available to the annexed area any necessary water, sewer, street, and drainage facilities within two and one -half (2 -1/2) years of the effective date of the annexation unless the construction of the necessary facilities is interrupted by circumstances beyond the control of the city, or unless this period is extended by an arbitration decision. No impact fees will be charged to any developer or landowner within the annexed area except in conformity with Local Government Code Ch. 395. Construction of other capital improvements shall be considered by the city in the future as the needs dictate on the same basis as such capital improvements are considered throughout the city. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the city to provide a uniform level of full municipal services to each area of the city, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. TERM This service plan shall be valid for a term of ten (10) years. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with Local Government Code Section 43.0561. OWNER(S): Signature: Print Name: THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 2021 by Raymond Tarin Jr., Principal of Moy Tarin Ramirez Engineers, LLC, a Texas limited liability company, the Authorized Agent for the owners of the real property. (SEAL) ATTEST: Notary Public in and for The State of Texas My Commission Expires: SIGNED: City Secretary City Manager Exhibit A Metes and Bounds Description 213.898 ACRES v Field Notes for a Tract of Land Containing 213.898 acre • feet) TBPE F-5297, 'I L, No. 10 131500 12770 Cimarron Path, Suite 100 San Antonio, TX 78249 Ph. 210.698.5051 - Fx. 210.698.5085 Pap-e 1 oft ICl/ �r •• — •• • • 50# i-- II : I I J.4 -� ,,'� I 'i I 1, _..— f, I ..- w, -..... ,r —' I. _ I -11 i II I r1 I 1 -.I I 41 It �• I I 1 — 1 {I 1 I`.... -�.'_� _ I' �'� I , I i. �, ! . - I I I .4 , 1 I 11 I } I I i I I I I I 1 � ---4 - I ',. 12396 RAF BURNETTE L r " C /BOLO, TX 78108 ' I i "' /SSACC E. BURNETTE AND VEO P. 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