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10-14-2014 Agenda with backupREGULAR SESSION CITY COUNCIL October 14, 2014, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team Call to Order — City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Fowler) Pre%entation • Presentation and announcement regarding the National Registry of Historic Places for St. Joseph's Chapel. (B. James/D. Weirtz) City Events and Announcements • Announcements of upcoming City Events (J. BierschwaleB. James) • Announcements and recognitions by City Manager (J. Kessel) 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. 10 -14 -2014 Council Agenda Worksession • Presentation, discussion and consideration and/or action with Mr. Jeff Chapman, Construction Counsel regarding the use of Alternative Procurement Methods for City - owned Construction projects. (J. Chapman/S. Willoughby /C. Raleigh) Discussion and Action Items 1. Resolution No. 14 -R -89 — Consideration and /or action approving a Resolution Delegating the Authority of Procurement Method to City Staff (J. Chapman/S. Willoughby /C. Raleigh) 2. Minutes — Approve the minutes of the regular meeting of September 23, 2014. (J. KesselB. Dennis) 3. Charter Review Commission Appointments — Discussion and consideration and/or action appointing the FY 2014/15 Charter Review Commission. (B. Dennis /Mayor /Council) 4. Ordinance No. 14 -T -44 — Consideration and/or action approving an Ordinance by the City Council renewing the existing Economic Development Incentive Policy; providing an effective date; and other matters in connection therewith. First Reading (J. Kessel /C. Sherman) 5. Ordinance No. 14 -T -45 — Consideration and/or action approving an Ordinance authorizing a Budget Adjustment to the Schertz Economic Development Corporation Fund to correct the approved budget. First Reading (J. Kessel /J. Walters) 6. Resolution No. 14 -R -90 - Consideration and /or action approving a Resolution accepting the Semiannual Report with respect to the progress of the Capital Improvements Plan, and other matters in connection therewith. (B. James/B. James) Roll Call Vote Confirmation Requests and Announcements 7. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 9. Announcements by Mayor and Councilmembers • City and community events attended and to be attended 10 -14 -2014 City Council Agenda Page - 2 - • 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 • Upcoming City Council agenda items 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 10th DAY OF OCTOBER 2014 AT 2:30 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. grevu&2 Devuv ibs renda Dennis CPM, TRMC, MMC, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2014. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. 10 -14 -2014 City Council Agenda Page - 3 - COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor Pro -Tem John — Place 3 Audit Committee Lone Star Rail District Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Councilmember Fowler — Place 1 Councilmember Scailiola — Place 2 Interview Committee for Boards and Commissions Animal Control Advisory Committee Schertz Housing Board Liaison Cibolo Valley Local Government Corporation Randolph Joint Land Use Study (JLUS) Executive Schertz Seguin Local Government Corporation Committee Interview Committee for Boards and Commissions Sweetheart Advisory Committee Councilmember Edwards — Place 4 Councilmember Duke — Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee 10 -14 -2014 City Council Agenda Page - 4 - Agenda No. I CITY COUNCIL MEMORANDUM City Council Meeting: October 14, 2014 Department: Public Works Subject: Resolution 14 -R -89 — A Resolution by the City Council of the City of Schertz delegating authority to Best Value Procurement Method under Chapter 2269 of the Texas Local Government Code. BACKGROUND In preparation to proceed to bid for a Public Works Project, City Attorney Charlie Zech was asked to review the bid documents for the project. Mr. Zech recommended that staff utilize the Chapman Firm to review these documents based on their extensive construction law experience. Staff requested and received permission from City Manager John Kessel to follow the recommendations made by Mr. Zech. It was upon the review of these documents that Jeff Chapman informed staff that the documents were outdated in accordance with their references to the State Legislature and Local Government Code. Mr. Chapman met with management and staff and reviewed the issues as well as his suggestions to proceed to Council for approval of the Best Value Procurement Method under Chapter 2269 of the Texas Local Government Code that requires the governing body of governmental entity that considers a construction contract by using a method authorized by Chapter 2269, other than competitive bidding, to determine which method provides the best value for the governmental entity. Mr. Chapman will make a presentation to Council regarding the Best Value Procurement Method and answer any questions that may arise. FISCAL IMPACT No fiscal impact to delegate authority of Best Value Procurement Method under Chapter 2269. RECOMMENDATION Staff recommends Council approve Resolution 14 -R -89. ATTACHMENT Resolution 14 -R -89 RESOLUTION NO. 14 -R -89 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, DELEGATING AUTHORITY OF BEST VALUE PROCUREMENT METHOD UNDER CHAPTER 2269 OF THE TEXAS GOVERNMENT CODE WHEREAS, Texas Government Code Chapter 2269 requires the governing body of governmental entity that considers a construction contract by using a method authorized by Chapter 2269, other than competitive bidding, to determine which method provides the best value for the governmental entity; and WHEREAS, Texas Government Code Section 2269.053 authorizes the governing body of a governmental entity to delegate its authority under Chapter 2269; and WHEREAS, the City Council has determined that it is in the best interest of the City to delegate it's authority to determine the best value procurement method to City Staff who have the expertise to make such determinations. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council of the City of Schertz hereby designates its authority under Texas Government Code Section 2269.056 to determine which method provides the best value for the governmental entity in the procurement of a construction contract to the following individuals: City Manager; ii. Deputy City Manager; iii. Executive Director of Development; and iv. Chief of Staff. Section 2. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 3. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 4. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. 1 Section 5. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 6. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 14th day of October, 2014. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor 2 Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: October 14, 2014 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a regular meeting on September 23, 2014. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on September 23, 2014. ATTACHMENT Minutes — regular meeting September 23, 2014 MINUTES REGULAR MEETING September 23, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 23, 2014, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Jim Fowler Councilmember Cedric Edwards Staff Present: Deputy City Manager John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Call to Order Mayor Pro -Tem Daryl John Councilmember David Scagliola Councilmember Matthew Duke City Manager John Kessel Executive Director Brian James City Attorney Connie Lock Former Mayor Bucker called the Regular Meeting to order at 6:02 p.m. He stated it was a real honor to be up on the dais this evening as it has been 40 years since he has done so. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas (Councilmember Duke) JV Councilmember Duke provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Ae Former Mayor Bucker turned the meeting back over to Mayor Carpenter. Presentation • Sign Presentation to Mayor Robert Bueker (B. Cantu /Mayor /Council) Mayor Carpenter came forward and explained that tonight we are honoring former Mayor Bueker for his service to the City of Schertz from 1973 to 1980. During his reign, the City became a Home Rule City and sat a charter which we still operate from today. Also a significant amount of land off of Interstate Highway 35 was annexed; sites where the hospital and businesses like Amazon.com sit now. During his time as Mayor, former Mayor Bueker spoke with a lot of the landowners in this area and built rapport with them, which brought them to ultimately choose to be in the city limits of Schertz rather than Selma or San Antonio. This has led to the jobs, diversity and economic prosperity we enjoy now. So we have decided to add an honorary name to the principal streets that run through Tri County Business Park. Members of our own City Staff have made these signs which will be erected this coming Saturday at 10:00 a.m. 09 -23 -2014 Minutes Page - t - Former Mayor Bucker stated that this was a great honor and wanted to also mention that the former councilmembers and city staff serving during his time all contributed and had a part in everything that was accomplished back then. This is a good remembrance for all those people. • Proclamation recognizing Fire Prevention Week. (D. Covington/Mayor /Council) Mayor Carpenter recognized Deputy Fire Marshal John Perry of the Fire Department. Mayor Carpenter read and presented the Proclamation to Deputy Perry. He said the theme for this year is that Smoke Detectors Save Lives. As an ongoing program one of the lawyers out of San Antonio (Wayne Wright) sponsored a smoke detector program that we adopted into our city as well. Although they are not going to continue the program the Schertz Fire Department made a decision to continue this effort here in our city. • Update regarding the Natatorium. (J. Kessel/ P. Gaudreau) Mayor Carpenter recognized Owners Representative Phil Gaudreau provided a PowerPoint presentation with the following highlights: Mayor Carpenter recognized Executive Director of Development Services Brian James who stated this presentation was in response to Councilmember Duke's request about a month ago. Just as a reminder though, this coming Monday, there will be a project kickoff at 5:30 p.m. over at the site behind the Senior Center. Mayor Carpenter recognized Owners Representative, Phil Gaudreau who stated a Bond was passed in 2010 for the creation of an indoor aquatic facility in the amount of $6,625,000.00. Additional funds from SCUCISD and the YMCA in the amount of $1,650,000.00 and $2,000,000.00 respectively have been added to the overall budget. An Agreement for Design Services was awarded to Marmon Mok by City Council on July 8, 2014. What we are doing now is: O Meetings with SCUCISD, YMCA, Marmon Mok, the firm of Councilman - Hunsaker (Aquatic design consultant) and the City. O Formulating and reviewing program needs and space requirements. O Reviewing options for Community Pool size, depths and support requirements. O Reviewing options for the Leisure Pool size, configuration, depth and support requirements. O Reviewing Executive Summary statements prepared by Councilman - Hunsaker. O Reviewing and confirming additional support spaces required for the overall building. O Prepare Schematic Design Documents based on completed and approved program. O Verify spacial requirements and adjacencies through development of Schematic Design documents. 09 -23 -2014 Minutes Page - 2 - O Prepare initial floor plans for presentation to City Council. O Prepare initial public information meeting based on City Council Project approval /direction. O Based on approved Schematic Design Documents prepare Design Development and Construction Documents O Program establishment, verification, approval and design documents timeline is anticipated to be 7 — 8 months. O Construction timeline is anticipated to be 13 — 18 months but cannot be determined until a Construction Manage at Risk (CM @R) is engaged. The RFQ for this service is currently being reviewed. Mayor Carpenter recognized Councilmember Duke who asked if he was correct in interpreting this information that the construction of the facility will take up to 26 months; and, is this a typical process timeline? The answer was yes to both questions. A main element is the foundation conditions. We have flood plain conditions to deal with. We will be excavating somewhere between 8 -11 feet before we can start coming back out of the ground. Until we get the final design and construction manager on board this is still an estimate. It probably will be about two more months before a contractor at risk can be brought on for more accurate timelines and cost estimates. Mr. Gaudreau said a guaranteed maximum price is usually available at about 90 -95% documentation. We will have interim prices at about 30% and 65% that will let us know if we are on target, high or low. We can establish milestones as we wish, but there are exterior forces we have no control over, such as weather conditions that affect progress. If we reach 60 percent and are within our projected budgets, we can certainly talk about early release packages. He would come back to council and explain any risks associated with that decision as well as the pros that go with it. Councilmember Duke stated he thinks we should establish quarterly updates so the community can know when that timeframe occurs and it doesn't get lost or overlooked. Mr. James stated because we have several community stakeholders (i.e., YMCA, Steele and Clemens High Schools) involved it does make for long intensive meetings but it also functions to give us a better feel for what some of the community stakeholders would like to see in the final product. Mayor Carpenter commented that the last time the city built a pool here in Schertz was when former Mayor Bucker was in office. This would be the Pickrell Park pool, which was built well and right, and remains functional today. ImMiL Mayor Carpenter recognized Councilmember Fowler who asked for a more detailed explanation of the At -Risk Manager /Contractor role as to what liabilities he has and what risks he takes. Mr. Gaudreau stated that on a two -step process you go out for requests for qualifications. You then rank them and interview the top two or three firms and make your selection. Then you ask for a request for proposals. You have pricing for pre - construction services which covers all services from the day they are brought on board until we get the final guaranteed maximum price and we are set to do an amendment to that contract. For `X' number of dollars they will provide pricing and guidance for material selections, construction methods and whatever help we need in that area. When 95% of that is done they will give us a final guaranteed maximum price for that project. 09 -23 -2014 Minutes Page - 3 - That does not mean this is the final price. It is based on documents and data available on that particular date. Anything can affect that, including changes the city may make or if they hit what is called unknown sub - surface conditions. While it is a pretty good indication that if nothing changes that will be the final costs to the city, then that is what it will be. Any cost over -runs beyond that guaranteed maximum price through no exterior forces is covered by the guaranteed maximum price and the city would not contribute any further funds to that. They also provide the standard guarantees and warranties associated with the equipment and construction process they construct. City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) Mayor Carpenter recognized Executive Director o ;Development Brian James who provided the following announcements: • Wednesday, September 24, 2014 September Biz Ed — Topic: Mastering your Memory, presented by Craig Krause; Breakfast provided by RBFCU, Schertz Chamber Visitor Center at 7:30 — 9:00 a.m. • Thursday, September 25, 2014, "H3 Mixer" — hYPer Networking Social, Fox's Pizza, 3900 FM 3009 -Suite 101, 5:30 -7:00 p.m. , • Saturday, September 27, 2014, Sign Dedication Ceremony — Honoring Mayor Bueker, 10:00 a.m. — meet at Intersection of Tri County and Corridor Parkway. • Monday, September 29, 2014, 5:30 p.m., Project kickoff at the Indoor Aquatic site. • Friday, October 3, 2014, 5th Annual Schertz Chamber of Commerce (SCOC) & Caterpillar Golf Classic, benefiting DECA programs at Clemens & Steele High Schools, Northcliffe Golf Course. Registration is at 9 a.m. with tee off at l l.a.m. • Tuesday, October 7, 2014, National Night Out Celebrations, (No Council meeting) meet at 5:45 p.m., in City Manager's office area to break out into different groups. 40 ; o Friday, October 10, 2014, Ribbon Cutting — K &I Health & Beauty Spa/Energetic Health Plus, 1420 Schertz Parkway, Ste. 160, 11:00 a.m. o Saturday, October 11, 2014, Cibolo Fest with the City of Cibolo, City Hall & Event Center, 200 Main St, 10:00 a.m. to 10:00 p.m. More details at 210 -658- 9900, ext. 3111. • Announcements and recognitions by City Manager (J. Kessel) City Manager John Kessel stated that the Schertzfest this year was a tremendous success with a lot of city staff volunteers from every department helping. Deputy City Manager John Bierschwale and several Public Works employees created a bridge so the barbeque contestants could get their food over to the judging station in a timely manner. Congratulations to the rock -a- bility band consisting of Mayor Carpenter, Chamber President, Maggie Titterington, Parks Manager Chuck Van Zandt and others who played at the event; they sounded great. This was another great Schertzfest. 09 -23 -2014 Minutes Page - 4 - Hearing of Residents: Mayor Carpenter recognized the following who spoke: • Maggie Titterington, Schertz Chamber President, who stated there will be a `Meet the Candidates' event at the Schertz Civic Center on October 23 from 6 -8 p.m. Our own Schertz Idol runner -up from last year, 16 year old Brianna Salas was recently selected to be on the show `The Voice'. It is also on YouTube and posted on the Schertz Chamber Website. They are going to be starting a new campaign called the `Twelve Days of Chamber Christmas Cash." Our DECA intern will be doing the marketing on this while getting school credit. Twenty businesses in the Schertz, Cibolo, and Selma area will be participating by donating money towards a final winning drawing prize of $500 cash. The campaign is designed to raise awareness to shop local for the holidays. Consent Agenda Items 1. Minutes — Approve the minutes of the regu] Bierschwale/B. Dennis) U eptember 16, 2014. (J. 2. Resolution No. 14 -R -82 — Consideration and /or action approving a Resolution authorizing EMS Debt Revenue Adjustments for certain inactive outstanding accounts receivables. (J. Bierschwal. Wait) IV The following was read into record: —�_ RESOLUTION NO. 14 -R -82 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS FOR INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH 3. Resolution No. 14 -R -83— Consideration and /or action approving a Resolution authorizing Utility Billing Debt Revenue Adjustments for certain inactive outstanding accounts receivables. (J. Bierschwale /C. Spence) The following was read into record: RESOLUTION NO. 14 -R -83 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING UTILITY BILLING DEBT REVENUE ADJUSTMENTS 09 -23 -2014 Minutes Page - 5 - FOR INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH 4. Cancellation of the September 30, 2014, and October 7, 2014 City Council Meetings — Consideration and/or action cancelling the September 30, 2014 City Council Meeting to attend the Texas Municipal League Conference in Houston, and cancelling the October 7, 2014 City Council Meeting to observe National Night Out. (J. Kessel /Mayor /Council) 5. Resolution No. 14 -R -84 — Consideration and/or action approving a Resolution changing the City's Employee Health Insurance Plan Year from October 1 to January 1. (B. Cantu /J. Smith) The following was read into record: RESOLUTION NO. 14 -R -84 A RESOLUTION BY THE CITY COUNCIL OF THE CITY Qr SCHERTZ, TEXAS CHANGING THE CITY'S EMPLOYEE HEALTH INSURANCE PLAN YEAR FROM OCTOBER 1 TVNUARY 1. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Fowler to approve the consent agenda items 1 through 5 as presented. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Scagliola, Edwards and Duke voting yes and no one voting no. Motion Carried. Roll Call Vote ConfirmationJ� r Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes of items 1 through 5. Executive Session Council did rotmeet in executive session. 7. Announcemen1W City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No hither announcements were made. 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 09 -23 -2014 Minutes Page - 6 - Mayor Carpenter recognized Councilmember Fowler who stated that our current City Chaplain has resigned from his position at his church. If this is the case we may want to consider how to select a replacement. City Manager John Kessel suggested that they come back with a report containing the details at the next meeting which is October 14. Mayor Carpenter recognized Councilmember Scagliola who stated he had asked a few weeks ago if playing Bunco was an authorized activity in the City and word subsequently got out that he was against playing Bunco. This is not the case, and the good news is there is no restriction to playing Bunco in the City, providing that there is no gambling going on. This means there cannot be any exchange of money associated with the action. Mayor Carpenter stated he wanted to have a discussion of Council Rules and Procedures at an upcoming meeting sometime in the next 30 -60 days. After we had our split vote and a reconsideration of that vote, he found after reading the rules that anyone could make a motion to reconsider. It probably should read that only someone in the majority should be able to make a motion to reconsider. 9. 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 • Upcoming City Council agenda items ..r Mayor Carpenter recognized Councilmember Fowler who stated he attended the following: Iii I �—*Wft o September 18, After Hours ReMax Mixer o September 19 and 20, Schertzfest Councilmember Fowler stated that Sunday, a member of his church had a heart attack. The City of Schertz EMS team showed up in about 5 minutes and quickly addressed the emergency and got the patient to the hospital. Mr. Fowler complimented our EMS Schertz Team saying he is confident it is one of the best teams around the area and he hopes that if he ever needs help it is our EMS team that will respond to his need. Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following: • September 18, After Hours ReMax Mixer • September 19 and 20, Schertzfest • September 23, Gathering for Susan Narvaiz Candidate for US Congress, District 35 in Texas. 09 -23 -2014 Minutes Page - 7 - Mayor Carpenter took a moment to thank all the city staff and volunteers who assisted where needed at this past weekend's 2014 Schertzfest and helped make it a successful community event once again. Adjournment As there was no further business, the meeting was adjourned at 6.•57 p.m. R. Carpenter, Mayor ATTEST: Bre: 4r, 09 -23 -2014 Minutes Page - 8 - Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: October 14, 2014 Department: City Secretary Subject: Charter Review Commission Appointments BACKGROUND At the August 26, 2014 City Council the Charter Review Commission appointment process was discussed. One option discussed was that each member of the Council would appoint one person to the Commission. It was also decided to solicit applications from citizens willing to serve on the commission. The application process was advertised on the City's Website utilizing the banner process. In addition to the application a letter from the Mayor encouraging citizens to apply was posted on the City's website. (See attached) It was discussed that the Council should seat a commission by December so that Council could call a Charter election in July of 2015, to take to the voters in November of 2015. The letter from Mayor Carpenter indicated that applications should be submitted, in writing, to the City Secretary's office no later than five O'clock p.m., September 22, 2014. As of this writing our office has received six (6) applications: Mr. Richard Dziewit Mr. Mark Davis Mr. Michael Dahle Mrs. Betty Sinclair Mrs. Jana Volitis Mrs. Reginna Agee City Council may also submit additional individuals for consideration at this time. It is important that Council select the five candidates who are both "most qualified" and "willing to serve ". There may be additional individuals who through their unique service and experience also merit consideration. After Council has appointed the Commission, a letter will be prepared by Mayor Carpenter regarding their appointment with a date and time in which the first meeting will be held. At the first meeting our City Attorney Charles Zech will provide an introduction and set a timeline for meetings. FISCAL IMPACT None City Council Memorandum Page 2 RECOMMENDATION Staff recommends Council review the submitted applications and decide to appoint the five (5) required members to the Charter Review Commission either out of the submitted applications or make additional nominations. ATTACHMENT Applications — Mr. Richard Dziewit Mr. Mark Davis Mr. Michael Dahle Mrs. Betty Sinclair Mrs. Janna Volitis Mrs. Reginna Agee CITY OF SCMERTZ OFFICE OF THE MAYOR CITY HALL, SCHERTZ Mlchnel R. Carpenter August 28, 2014 Mayor IN RI;: Apt) oiubnent of a Charter Review Commission Colleagues, Friends and Neighbors: From time to time we, as a counnunity, inspect our progress and performance as a city. The most formal way we do this is by appointing a charter review commission. TJte last charter review conmtissiat to be appointed served in2006. We are eight years later, and the time is correct to appoint a new commission. Even though a charter review commission only exists for 180 days and is appointed only once or twice a decade, it is one of the most powerful bodies that exists in our municipal government. It has the power to recotmueud to tite voters changes affecting all aspects of the fornt and function of our existence as a political subdivision of the State of Texas - in this its power is equal to that of the city council. I encourage all interested residents to apply for appointment to the commission. All applications will be given to the voting members of the city council, and each of the voting members will select and appoint one conuuissioner. Applications are available on line as well as in the city secretary's office. Applications should be submitted, ill writing, to the city secretary's office no later than five o'clock P1YI, September 22, 2014. As always, we need your help in defining the best ways to reach our common goals and dreams as a city. Serving on a charter review coumnissiou is one of the most visible and powerfiil ways in which to participate in city government. Thank you for reading and for choosing to be an active participant in our collective tature. Warreag Mic tael Carpenter Mayor, City of Schertz 210 - 619 -1040 Community. Service. Opportunity. 1400 Schertz Parkway Schertz, Texas 78154 210 - 619-1040 Duties of the Charter Review Commission Per the City Charter Section 12.05, the City Council shall periodically appoint a Charter Review Commission of five citizens of the City. It shall be the duty of the Commission to: (a) Inquire into the operation of the City government under the Charter provisions and determine whether any such provisions require revision and to this end, public hearings may be held and the Commission shall have the power to compel the attendance of any officer or employee of the City to require the submission of any of the City records which it may consider necessary to the conduct of such hearing. (b) Make any recommendations it considers desirable to insure compliance with the provisions of this Charter by the several departments of the City. (c) Propose amendments to this Charter to improve its effective. application to current conditions. (d) Report its findings and present its proposed amendments, if any, to the City Council. The City Council shall receive any report submitted by the Charter Review Commission, may comment on any proposed amendment recommnendations made, and, if any amendment or amendments are presented as a part of such report, shall order such to be submitted to the voters of the City in the manner provided in Section 12.04 of the Charter (See attached A) The term of office of the Charter Review Commission shall be 180 days after the date of appointment of the Commission, and, if during this term no report is presented to the City Council, then all records of the proceedings of the Commission shall be filed with the City Manager and the Chatter Review Commission shall be dismissed. (Election of 4 -7 -79, 5- 13 -06) APPLICATIONTO SERVE ON CHARTER REVIEW COMMISSION Please hTe or prhit clearly Plenscreturntollte attentiouofCity SecretarY, Igoo Seheriz POrktrnt•,Scttertz Texos98tSgby p.nt. tot pull Name:. Home pboue: (Include area code) Work phone: (Include area Mobile number: (Include area Code) Physical address: (Street, City, State, Zip) Mailing address: (If different (Street, Cily, State, Zip) Email address (es): Do you lire in the corporate limits of the City of Schertz? ❑ yes ❑ no Are yon 18 years or older? ❑ yes ❑ no Are yon registered to rote? ❑ yes ❑ no Whicb County? Registration Current /past occupation or area of expertise: Professional and /or community activities: Additional pertinent information /references: Do you consent to the City conducting a background check on you? o yes o no Submission of a Resume or Curriculum Vitae is encouraged, A letter of interest may, also be submitted. The information on this application is rime and correct, Signature: Date: FZ SS CC]H[]CNX I COMMUNITY* SERVICE * OPPORTUNITY Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: October 14, 2014 Department: Economic Development Subject: Ordinance No. 14 -T -44— City of Schertz Development Incentive Policy (First Reading) BACKGROUND Goal: To consider and adopt an active Development Incentive Policy ( "Policy ") for the City of Schertz (the "City ") and the City of Schertz Economic Development Corporation ( "SEDC "). Under Texas Local Government Code, Chapter 380 ( "380 Program "), a governing body of a municipality may establish and provide for the administration of one or more programs to promote state and local economic development and to stimulate business and commercial activity in the municipality. Without an adopted policy and program, a municipality cannot provide public resources to facilitate development. The current Policy, as established by Ordinance 12 -T -15, has expired. The SEDC met on September 25, 2014, and recommended approval. Community Benefit: An active 380 Program allows the city to promote state and local economic development and stimulate business and targeted development for the community. Summary of Recommended Action: Approve first reading of Ordinance 14 -T -44 which adopts and renews the current 380 Program. FISCAL IMPACT Ordinance 14 -T -44 will enable the City to provide development incentives to appropriate investment projects and initiative. SEDC BOARD RECOMMENDATIONS The SEDC held a meeting on September 25, 2014 to consider and approve the proposed Policy. A motion was made by Marvin Thomas and Second by Angelia Kiser, the motion passed unanimously. STAFF RECOMMENDATIONS Staff recommends approval of First Reading of Ordinance 14 -T -44 ATTACHMENT(S) Ordinance No. 14 -T -44 Exhibit A: City of Schertz Economic Development Incentive Policy ORDINANCE NO. 14 -T -44 AN ORDINANCE BY THE CITY COUNCIL RENEWING THE EXISTING ECONOMIC DEVELOPMENT INCENTIVE POLICY; PROVIDING AN EFFECTIVE DATE; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Chapter 380, Texas Local Government Code, as amended, allows the governing body of a municipality to establish and provide for the administration of one or more programs to promote state and local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, on January 27, 2009, the City Council of the City of Schertz, Texas (the "City ") adopted Ordinance 09 -T -02, adopting the City of Schertz 380 Program (the "380 Program ") for the purpose of promoting state and local economic development and stimulating business and commercial activity in the City; and Whereas, on August 14, 2012, the City Council of the City of Schertz, Texas (the "City ") repealed the existing 380 Program and adopted and implemented a new Economic Development Incentive Policy for the City; WHEREAS, the City Council now desires to renew the policy for another two years. WHEREAS, the City Council desires to renew, adopt and implement the Economic Development Incentive Policy for the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council hereby renews and adopts the City of Schertz Economic Development Incentive Policy attached hereto as 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance or the City of Schertz Economic Development Incentive Policy established hereby are repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein; provided, however, the repeal of the 380 Program shall not affect any contract previously entered into, or action previously taken, in furtherance of the 380 Program. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 14th day of October, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of October, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50310827.1 - 2 - EXHIBIT A: CITY OF SCHERTZ ECONOMIC DEVELOPMENT INCENTIVE POLICY I. Purpose of Policy The City of Schertz (the "City ") and the City of Schertz Economic Development Corporation ( "SEDC "), pursuant to state law, are authorized to offer a variety of incentives to industries and commercial enterprises for the purpose of local economic development. The City is committed to the promotion and retention of high quality development and jobs in all areas of the City and to an ongoing improvement in the quality of life for its citizens. Insofar as new or expanded business enterprises fulfill these objectives, the City and the SEDC will, on a case -by -case basis, give consideration to a company requesting incentives as stimulation for economic development. The City will consider providing any type of economic development incentive not prohibited by state or federal law including, but not limited to, tax phase -ins, Freeport exemptions, revenue bonds, sales tax grants, cost participation in the construction of infrastructure and the waiver of certain development fees. All economic development incentives will be provided by contract with the applicant, and shall be subject to procedural and other requirements set forth in such contract as well as applicable federal, state and local laws. The purpose of this policy is to establish guidelines for making local incentives available for projects that promote the City's economic development objectives. Nothing herein shall imply or suggest that the City or the SEDC is under any obligation to provide any business incentive to any applicant. II. Premises 1. The City should, in appropriate instances, offer incentives to stimulate certain types of new and existing business development. 2. The City's priority is to offer incentives to projects that will create new primary jobs (i.e. jobs that form the economic base of the community, created by enterprises that import new wealth into the local economy). What constitutes a "primary job" is described in greater detail below. 3. Our community believes that a new primary job created by an existing employer is as valuable as a new primary job created by a new company. Therefore, the City will consider appropriate incentives to qualifying existing businesses as well as those recruited from outside the City. 4. It is the policy of the City to provide economic development incentives on a case -by -case basis. This individualized design of a total incentive package is intended to allow maximum flexibility in addressing the unique aspects of each applicant and its proposed project while enabling the City to better respond to the changing demands and needs of the community. 5. If developers and /or companies seek financial assistance from the public sector in order to start up or expand their operations, they must be prepared to: • Invest in the community through job creation and capital investment • Make a long -term commitment to the community 50526586.3 Page 1 of 10 • Treat local governments as they would any other contracting parry • Expect consequences for breaching their agreement 6. Although nearly every economic development project has unique requirements, the City has an existing set of guidelines that can be explained to a prospect in advance. These guidelines may be modified over time as appropriate. In addition, the City has flexibility to accommodate different types of economic development opportunities or special situations. 7. The amount or level of local incentives offered to prospective developers and /or companies should ultimately be based on the projected increases in the value and size of the local workforce (both in number of jobs and the level of wages), real property, business machinery, personal property, and other forms of revenue that inure to the local taxing entities. 8. Incentives will only be used when they will make a difference in a project's likelihood of success and/or the City's competitive advantage in securing the project. Incentives may also be provided to a company when the City is convinced that the incentives are needed to retain existing primary jobs which would otherwise be lost. M. Scope The City is authorized to offer economic development incentives under various sections of the Texas Local Government Code (the "Code ") including Chapter 380 and the Development Corporation Act (the "413 Act "). Chapter 380 provides that Texas municipalities may create programs to promote local economic development. This legislation permits, on a case by case basis, the City to evaluate and, where appropriate, to offer certain economic development incentives under the Code. Incentives may include loans and/or grants of public money, as well as other City services, to businesses and entities that the City determines will promote local economic development and stimulate business and commercial activity in the City in return for specific and verifiable commitments and results from such businesses or entities to cause specific infrastructure and other public benefits and amenities to be made and/or invested in the City. The 4B Act allows municipalities to create nonprofit development corporations, which are funded by a special sales tax. The SEDC is such a corporation. These corporations promote the creation of new and expanded industry and manufacturing activity within the municipality and its vicinity. The sales tax proceeds are distributed to the SEDC by the City, which then uses the money for economic development projects as outlined in Sections 501.002, 501.101 - 501.103, 501.105, 505.002, 505.151 - 505.1561, 505.160, 505.201 - 505.206 of the 4B Act. Any activities of a development corporation must always be in furtherance of and attributable to a "project." The SEDC is responsible for managing economic development projects in the City. Except in certain specific instances, SEDC projects must result in the "creation or retention of primary jobs." The term primary job means: 50526586.3 Page 2 of 10 1. A job that is available at a company for which a majority of the products or services of that company are ultimately exported to regional, statewide, national or international markets infusing new dollars into the local economy; and 2. Is included in certain of the enumerated North American Industry Classification System ( NAICS) sector codes (the "Sector Codes ") listed in § 501.002 (12)(A)(ii) of the Code. The City and the SEDC, for purposes of this policy, shall limit the Sector Codes to be considered for purposes of determining the creation or retention of primary jobs to the specifically enumerated Sector Codes as follows: NAICS Sector Number 221 311 -339 (excluding 317 -320; 328 -330) 42 48 -49 51 (excluding 512131 and 512132) 523 -525 5413, 5415, 5416, 5417, 5419 551 56142 Eligible Section 4B Projects Description Utilities Manufacturing Wholesale Trade Transportation and Warehousing Information (excluding movie theaters and drive -in motion picture theaters) Securities, Commodity Contracts, and Other Financial Investments and Related Activities; Insurance Carriers and Related Activities; Funds, Trusts, and Other Financial Vehicles Architectural, Engineering, and Related Services; Computer System Design and Related Services; Management, Scientific, and Technical Consulting Services; Scientific Research and Development Services; Other Professional, Scientific, and Technical Services Management of Companies and Enterprises Telephone Call Centers The SEDC will consider spending sales tax proceeds on land, buildings, equipment, facilities, targeted infrastructure, and improvements that create or retain primary jobs and are found by the SEDC's board of directors to be required or suitable for the development, retention, or expansion of: manufacturing and industrial facilities research and development facilities 50526586.3 Page 3 of 10 • transportation facilities (including but not limited to airports, ports, mass commuting facilities and parking facilities) • distribution centers • sewage or solid waste disposal facilities • recycling facilities • air or water pollution control facilities • small warehouse facilities • primary job training facilities for use by institutions of higher education • regional or national corporate headquarters facilities; and • projects which promote or develop new or expanded business enterprises including projects that provide public safety facilities, streets and roads, drainage and related improvements, demolition of existing structures, or generally municipally -owned improvements Additionally, the SEDC may fund the acquisition of land, buildings, equipment, facilities, and improvements found by the board of directors to promote or develop new or expanded business enterprises that create or retain primary jobs, including projects that provide: • Public safety facilities • Streets and roads • Drainage and related improvements • Demolition of existing substandard or inefficient structures • General municipally -owned improvements The SEDC will consider any improvements or facilities that are related to any of those projects and any other projects that the board, in its discretion, determines promotes or develops new or expanded business enterprises and creates or retains primary jobs. Eligible Projects Which Are Not Required to Create or Retain Primary Jobs The SEDC will consider funding projects that do not create or retain primary jobs if the project is related to: • Job training classes- Certain job training required or suitable for the promotion or development and expansion of business enterprises; • Certain targeted infrastructure improvements which promote or develop new or expanded business enterprises; o Limited to streets and roads, rail spurs, water and sewer utilities and electric utilities, gas utilities, drainage, site improvements and related improvements, and telecommunications and internet improvements; • Land, buildings, equipment facilities, improvements and expenditures required or suitable for a career center, provided the area benefited is not located in the taxing jurisdiction of a junior college district; • Professional and amateur sports and athletic facilities; entertainment, tourist, convention facilities; public parks and related open space improvements; and 50526586.3 Page 4 of 10 related store, restaurant, concession, automobile parking facilities, roads, streets, and water and sewer facilities; • Affordable housing; • Water supply facility or water conservation program (this use must be approved by a majority of the City's voters in an election held for that purpose); • Development, improvement, expansion or maintenance of facilities relating to the operation of commuter rail, light rail or motor buses; and • Certain airport facilities IV. Eligibility and Evaluation Criteria for Development Incentives 1. Eligibility Criteria The following criteria must be met for an applicant to be considered eligible to contract for an economic development incentive: • The company must have a profitable operating history and be well- managed; • The proposed development and /or redevelopment must create and maintain jobs that are at or above the Alamo region average wage rate for the industry sector according to Labor Market and Career Information from the Texas Workforce Commission; • The project must conform to community character and economic development goals; and • The project must conform to the requirements of the City's zoning ordinance, building codes and other applicable City ordinances. 2. Evaluation Criteria In addition to the minimum requirements stated above, the following criteria will be considered to determine what level of incentives will be provided to the applicant. The City will consider various factors to determine the viability, extent and size of the development incentive. Eligibility for incentives will be considered on the basis of the initial eligibility criteria listed in part 1 of this Section IV. After such eligibility has been determined, the SEDC will evaluate the following factors to determine whether any public subsidy is warranted: A. Employment Impact • Wage levels of jobs to be created or retained, as well as benefits offered to full - time employees; and • Number of jobs brought to the City. B. Investment • Type and value of proposed private and/or public improvements; • Amount of any local taxes or revenues (sales, ad valorem, utilities) to be generated directly; and 50526586.3 Page 5 of 10 • The costs, if any, to be incurred by the City to provide facilities or services directly resulting from the improvements. C. Other Factors Considered • Likelihood of a development incentive being a determining factor in a business' decision to locate or expand its operations; • The financial capacity of the applicant to undertake, complete and sustain the proposed project; • Other incentive programs and matching grants relating to the project for which the applicant has applied or is qualified; and • Other, unanticipated factors deemed relevant by the board at its discretion; D. Community Impact • Appropriate type of activity (e.g. office, retail, etc.); • The positive or negative impact on the opportunities of existing businesses; • The impact on the opportunities of attracting additional business or residents to the community; • The market conditions and growth potential for the business activity. • The productive life of proposed improvements; • Whether high quality architecture and site design including landscaping and public amenities beyond the minimum required by the City will be provided; and • Whether the project is environmentally compatible with no appreciable negative impact on quality of life perceptions. V. Application Procedure After review of the application for the economic development incentive, the SEDC will make a recommendation to the City Council. The City Council will then determine whether it is in the best interests of the City to provide the economic development incentive to the applicant. The City Council may consider criteria other than those set forth in this policy, including but not limited to, such matters as the relative degree to which the project /applicant furthers the goals and objectives of the community or meets or compliments a special need identified by the City Council. Any person or company requesting that the City and/or the SEDC provide an economic development incentive shall comply with the following procedure: • The applicant shall submit a completed application form for the requested incentive on a form provided by the City and/or the SEDC. • The applicant shall provide a plat, map or survey showing the location of the property and the proposed project, all streets, land uses, and zoning within 500 feet of the project site. • The applicant shall describe in detail the proposed project and the type of economic development incentives requested. 50526586.3 Page 6 of 10 • The applicant shall provide all other documentation required in the Economic Development Incentives Application. • The application will be reviewed initially by the SEDC, which, if favorably approved, shall make a recommendation to the City Council, as described above, prior to the City Council's review of the proposed incentives, the application will be distributed to the applicable departments of the City for review and comment. Additional information related to the application and the project may be requested by the SEDC and /or the City. Failure to timely submit and additionally requested information will cause the application to be rejected and will be deemed withdrawn by the applicant without further action by the SEDC and/or the City. • The City Council will consider the SEDC recommendation and the requested incentive pursuant to this policy. • The City Council will call and conduct public hearings when required by law. • When appropriate under this policy, the City Council will, at a regular meeting and when allowed by law at a special meeting, consider the approval of an economic development incentive agreement. • Information submitted by the applicant regarding the requested incentive is confidential to the extent allowed by law. VI. Expiration and Modification This Economic Development Incentive Policy is effective upon the date of its adoption and will remain in force for two years, at which time, all project incentives provided pursuant to its provision will be reviewed by the SEDC board and City Council to determine whether the goals of the program have been achieved. Based upon that review, the Economic Development Incentive Policy may be modified, renewed or eliminated. Prior to the date for review, as defined above, the Economic Development Incentive Policy may be modified by a super - majority 4 /5th vote of the City Council. 50526586.3 Page 7 of 10 Index of Available Economic Development Incentives' Abatement of municipal ad valorem property taxes Sec. 312.204 of the Texas Tax Code The City and Comal, Guadalupe, and Bexar Counties may grant up to 100% abatement of property taxes on buildings, fixed machinery and other business property for up to ten years. Tax abatements do not apply to the value of land but to the value of improvements constructed as a result of a particular economic development project. Minimum qualifications for tax abatements are the creation of new primary jobs. Tax abatements are sometimes structured as tax phase -ins. Freeport property tax exemption Texas Constitution Art. VIII, § 1 j The freeport exemption exempts personal property consisting of inventory, goods or ores, other than oil, natural gas and petroleum. Eligible property must be transported out of the State of Texas within 175 days of acquisition but may first be assembled, stored, manufactured, processed or fabricated locally. The goods must be in Texas only for a limited purpose. Freeport property, by definition, includes goods, wares, merchandise, ores, and certain aircraft and aircraft parts as defined under Article VIII, Section 1-j of the Texas Constitution. The City, Comal, Guadalupe, and Bexar Counties, as well as four local independent school districts in the city (Schertz /Cibolo/Universal City ISD, East Central ISD, Judson ISD, and Comal ISD) allow personal property tax exemptions for companies that deal with goods -in- transit or inventories used in the manufacturing process. The tax exemption applies to items classified as "freeport property." Municipal grants Chapter 380 of the Texas Local Government Code The City may provide loans and grants of City funds as well as City employees and equipment to promote economic development projects within the city. Owners of eligible projects involving significant investment may contract with the City to receive sales tax grants, franchise fee grants, water or sewer line extensions, building permit fee waivers and grants for capital recovery fees. Foreign Trade Zone The Tri- County Industrial Park in the City is one of ten General Purpose sites eligible for incentives arising from operating in a Foreign Trade Zone (FTZs). Businesses locating in FTZs can take advantage of the incentives offered including 1) relief from inverted tariffs; 2) duty exemption on re- exports; 3) duty elimination on waste, scrap, and yield loss; and 4) duty deferral until merchandise 1 The incentives listed below are not all- inclusive of what is legally available, and the available incentives may be modified from time to time by the Texas Legislature. 50526586.3 Page 8 of 10 is imported from the FTZ into the FTZ. The purpose of an FTZ is the creation of jobs realized from the cost savings from delayed or forgiven tariffs. The City currently has an FTZ located at the Tri- County Industrial Park and will have potential for an FTZ in the new Enterprise Industrial Park. More information can be found at http://www.sanantonio.gov/edd/IndusiryDev/PDF/11FNLFTZ8- 23.pdf Tax Increment Financing Chapter 311 of the Texas Tax Code The City may create a Tax Increment Reinvestment Zone where construction of public improvements using tax increment funds is likely to result in significant commercial investment. The cost of improvements within the Zone is repaid by the contribution of future tax revenues by each taxing unit that agrees to participate, but in all events excluding school districts that levy taxes on the affected properties. Once the City initiates tax increment financing, counties and school districts may also participate in the tax increment financing program. The costs of selected public improvements are paid by additional tax dollars generated by the growth of real property value in the designated area. Creation of Industrial District in ETJ and Agreement to not Annex Section 42.044 of the Texas Local Government Code To attract a business into an area, the City may choose to encourage the business to locate in the City's extraterritorial jurisdiction ( "ETJ"). If the business locates in the City's ETJ, the City may enter into an agreement not to annex the business property for a set period of time (maximum of 15 years). The agreement may call for the business to pay the City an annual fee in lieu of taxes for the use of City facilities. The City may also provide certain contractual services (i.e. firefighting services) to the business during the non - annexation period. Municipal programs used to help finance business development projects. Industrial Development Bonds (Issued by the City for construction of leased facilities) Chapter 1509 of the Texas Government Code The City may issue industrial development bonds to finance the construction or purchase of a manufacturing facility for lease to a private entity. Bonds are payable from the project revenues unless approved by the voters to be payable from property taxes. Industrial Development Revenue Bonds (Issued by SEDC) 4B Act, Subchapter E of Chapter 501 and Chapter 505, both in the Texas Local Government Code 50526586.3 Page 9 of 10 The SEDC may issue bonds for economic development projects. Generally all debt services on the bonds is paid by the business under the terms of a lease, sale or loan agreement. This does not constitute a debt of obligation by the City or the SEDC. Public Improvement Districts Chapter 372 of the Texas Local Government Code A Public Improvement District ( "PID ") enables a commercial area to make improvements benefiting the area and spread the cost equally among all properties in the designated area. Property owners are assessed based on uniform benefit criteria. These assessments may be used to pay the debt service on bonds or they may be used to pay for services directly if no bonds are issued. PID funds may be used to purchase real property in connection with improvements. Improvements include a wide variety of enhancements such as water and wastewater, streets, drainage, parking, landscaping, etc. Municipal Management Districts Chapter 375 of the Texas Local Government Code Municipal Management Districts allow commercial property owners to enhance a defined business area by financing facilities, infrastructure and services beyond those already provided by the City. The improvements may be paid for by a combination of self imposed property taxes, special assessments and impact fees. A District is created to supplement not supplant the City services available to the area. Empowerment Zone The City has the ability to create Empowerment Zones within the City limits. The purpose of creating the Empowerment Zone is to encourage investment in certain areas lacking adequate water and sewer lines and paved streets. Small Business Administration Loan Guaranty Program The City's Economic Development Department can direct businesses to lenders and special funds designed for small businesses. The SBA provides a guaranty on loans made by private lenders and Community Development Corporations (CDCs). Adopted: 50526586.3 Page 10 of 10 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: October 14, 2014 Department: Subject: BACKGROUND Finance Ordinance No. 14 -T -45— Fiscal Year 2014- 15 Budget Amendment First Reading In accordance with applicable statutes and the City Charter, the City Manager submitted a budget proposal to the City Council for consideration. The City Council held public hearings for the Proposed Budget on August 19th, 2014 and August 26th, 2014, including the budget of the Schertz Economic Development Corporation. The Budget was adopted September 2nd, 2014 in compliance with the Local Government Code. During the creation of the Budget Adoption Ordinance a clerical error was made showing a different stated value for the Economic Development Corporation Budget than what was in the proposed budget document. During the preparation of the budget ordinance, the budget value for the FY 2013 -14 year, $3,074,554, was used instead of the proposed value for FY 2014 -15, $3,023,810, resulting in a difference of $50,744. FISCAL IMPACT General Fund $25,386,088 Special Events Fund $ 153,800 PEG Fund $ 209,000 Water & Sewer Fund $17,788,563 EMS Fund $ 8,151,501 Drainage Fund $ 1,094,618 Hotel Tax Fund $ 302,730 Park Fund $ 60,000 Tree Mitigation $ 116,125 Capital Recovery -Water $ 536,109 Capital Recovery -Sewer $ 1,160,497 Tax I &S Fund $ 5,636,157 Library Fund $ 30,000 Historical Committee $ 11,100 Parks & Recreation Foundation $ 297,900 SEDC $ 3,023,810 Total $63,957,998 Above is the corrected City Budget. There will be no fiscal impact as the approved services are reflected in the corrected budget. City Council Memorandum Page 2 RECOMMENDATION Staff recommends that the City Council approve first reading of Ordinance No. 14 -T -45, amending the Schertz Economic Development Corporation Budget for the fiscal year beginning October 1, 2014 and ending September 30, 2015. ATTACHMENT Ordinance No. 14 -T -45 ORDINANCE NO. 14 -T -45 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE SCHERTZ ECONOMIC DEVELOPMENT CORPORATION FUND TO CORRECT THE APPROVED BUDGET; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 14 -T -42, the City of Schertz (the "City") adopted the budget for the City for the fiscal year 2014 -2015 (the `Budget), which provides funding for the City's operations throughout the 2014 -2015 fiscal year; and WHEREAS, the City needs to adjust the Budget to reduce the Schertz Economic Development Corporation funding by $50,744.00 to correct a clerical error on the original Ordinance 14 -T -42; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the correction of funding for the Schertz Economic Development Corporation; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Budget and reduce the adopted budget, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget and shall reduce the Economic Development Corporation Budget by $50,744.00 to match the adopted FY 2014 -15 Budget to the proposed budget. Section 2. The sums below show the corrected total for the FY 2014 -15 Budget as originally intended: 2014 -2015 Budget General Fund $25,386,088 Special Events Fund $ 153,800 PEG Fund $ 209,000 Water & Sewer Fund $17,788,563 EMS Fund $ 8,151,501 Drainage Fund $ 1,094,618 Hotel Tax Fund $ 302,730 Park Fund $ 60,000 Tree Mitigation $ 116,125 Capital Recovery -Water $ 536,109 Capital Recovery -Sewer $ 1,160,497 Tax I &S Fund $ 5,636,157 Library Fund $ 30,000 Historical Committee $ 11,100 Parks & Recreation Foundation $ 297,900 SEDC $ 3,023,810 Total $63,957,998 Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. 50558021.1 - 2 - PASSED ON FIRST READING, the 14t11 day of October, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the 21st day of October, 2014. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 3 - Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: October 14, 2014 Department: Engineering Subject: Resolution No. 14 -R -90 - Consideration and/or action approving a Resolution accepting three Semi - annual Reports with respect to the progress of the Capital Improvements Plan, and other matters in connection therewith. (B. James /B. James) 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 implementing 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. The first report is the corrected semi - annual report from October 1, 2012 through March 31, 2013. In order to finalize this report, staff had to do several years of research on the history of the Capital Recovery Fund. During this review, staff found an error when the loan was made to the Water Fund for water meters. This was corrected and coordinated with the independent auditor. The correction resulted in a higher ending fund balance. In addition, the reporting format was reviewed for consistency. Based on input from staff, footnotes are being included to provide a better understanding of the financial information in the semi - annual report. The standardized formatting will be utilized in future reports. The second semi - annual report is from April 1, 2013 through September 30, 2013. The third semi - annual report is for the first six months of this fiscal year from October 1, 2013 through March 2014. This third report will bring the reporting up to date. Goal To accept the Semi - annual Reports on the revenue and expenditures relating to the water and wastewater 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 in appropriately. Summary of Recommended Action Approve the resolution accepting the semi - annual reports as made up of the draft minutes for the September 10, 2014 CIAC meeting and the three Capital Recovery Balance Reports. FISCAL IMPACT The reports indicate the amounts collected in water and sewer impact fees. RECOMMENDATION Approval of Resolution 14 -R -90 accepting the Semi - annual Reports as filed by the Capital Improvements Advisory Committee. ATTACHMENT(S) Exhibit A: Resolution 14 -R -90 Exhibit B: Minutes for the September 30, 2014 Capital Improvements Advisory Committee Meeting Exhibit C: Capital Improvements Advisory Committee Semiannual Reports for October 1, 2012 through March 31, 2013, April 1, 2013 through September 30, 2013, and October 1, 2013 through March 31, 2014 RESOLUTION NO. 14 -R -90 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ACCEPTING THREE 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 three 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 minutes of the September 30, 2014 City of Schertz Capital Improvements Advisory Committee as shown in the attached Exhibit A, and the three Capital Recovery Advisory Reports with respect to the progress of the Capital Improvements Plan for the City of Schertz, Texas for the periods of October 1, 2012 through March 31, 2013, April 1, 2013 through September 30, 2013 and October 1, 2103 through March 31, 2014 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. 50459012.1 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 day of , 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50459012.1 EXHIBIT A 50459012.1 A -1 EXHIBIT B 50459012.1 A -2 Capital Improvements Advisory Committee Minutes September 10, 2014 The Capital Improvements Advisory Committee convened on Wednesday, September 10, 2014 at 6:00 pm in the Council Chambers, 1400 Schertz Parkway, Bldg. 4 Schertz, Texas. Members Present: Richard Braud Bert Crawford Ken Greenwald David Richmond Michael Dahle Ernie Evans Tim Brown Dr. Mark Penshorn Members Absent: Christian Glombik'' Staff Present: Brian James, Executive Director of Development Michelle Sanchez, Director of Development Services Lesa Wood, Senior Planner Bryce Cox, Planner I Patti White, Executive Assistant Development 1. Call to order at 6:00 p.m. by Mr. Richmond. 2. Hold a public hearing, consider and file three (3) semiannual reports from October 1, 2012 through March 31, 2014 evaluating the progress of the City of Schertz on achieving the Capital Improvements Program, and identifying any problems in implementing the plans or administering the capital recovery fees.�9aa9aaao Mr. Richmond recognized Mr. James, who stated that when the three semiannual reports were presented at the last CIAC meeting a few months ago, there were questions including how this fits with our planning, and Staff wanted to distribute a complete set of the plan to the committee. The first report is the corrected semi - annual report from October 1, 2012 through March 31, 2013. In order to finalize this report, staff had to do several years of research on the history of the Capital Recovery Fund. During this review, Staff found an error when the loan was made to the Water Fund for water meters. This was corrected and coordinated with the independent auditor. The correction resulted in a higher ending fund balance. In addition, the reporting format was reviewed for consistency. You are also reviewing two reports tonight for April 2013 — September 2013, and for October 2013 — March 2014. The next six month report you will receive will be for the period ending September 30, 2014. For the previous five year window, you will see how much was collected in capital recovery fees for sewer and water. Compared with what the City built, and you will see how the methodology enabled these impact fees to be used. Capital fees can only be used to fund projects developed during that window, and part of the new growth is funded by existing users. Mr. Richmond opened the Public Hearing at 6:15 P.M. There being no one to speak, the Public Hearing was closed at 6:16 P.M. Oct. 1, 2012 to March 31, 2013 Impacts Fees Beginning Impact Fee Balance Revenues: Impact Fees Fund Transfers Investments Gain/Loss Reimbursements Expenses: Capital Recovery Study Review CCMA- NorthCliffe Impact Fees Auditor /Accounting Service Investment Management Fee East Oak Water Pump - Advertising East Oak Water Pump - Engineering S. WW Treatment Plant - Pre - Design Woman Hollering Creek Treatment Plant Schaefer Road Water Line Water Sewer *$2,953,706.10 $2,850,443.72 385,821.00 219,586.68 0.00 0.00 2,275-61 .hhhhh` 4496.60 0.. ; 0.00 (264.64) '!' Oct 1, 2012 to M24 2013 Impact Fees East Oak Water Pump - Engineering t = '.047.50) (2,047.50) 0.00 0.60 0.00 0.00 0.00 (2,133.49) (264.64) 0.00 (2,495.00) 0.00 0.00 (82,262.17) 0.00 0.00 0.00 0.00 Total $5,804,149.82 605,407.68 0.00 6,772.26 0.00 (4,095.00) 0.00 0.00 (2,133.49) (264.64) (2,495.00) (82,262.17) 0.00 0.00 Total Revenue Over / (Under) Expense 383,289.47 137,640.17 520,929.64 Ending Impact Fee Balance 3,336,995.57 2,988,083.89 6,325,079.46 East Oak Water Pump - Advertising (264.64) 0.00 Oct 1, 2012 to M24 2013 Impact Fees East Oak Water Pump - Engineering (2,495.00) 0.00 ��' . Water Sewer Total Beginning Impact Fee a 3,275,410.20 2,839,542.58 6,114,952.78 Revenues: hhkh, khhhh Impact Fees 385,821.00 219,586.68 605,407.68 Interest Earned 132.26 45.99 178.25 Water Loan - Interest 14,439.01 0.00 14,439.01 Investments Income 2,144.62 910.89 3,055.51 Capital One - Investment Income 0.00 3,538.50 3,538.50 Expenses: Capital Recovery Study Review (2,047.50) (2,047.50) (4,095.00) Investment Management Fee 0.00 (2,133.49) (2,133.49) East Oak Water Pump - Advertising (264.64) 0.00 (264.64) East Oak Water Pump - Engineering (2,495.00) 0.00 (2,495.00) S. Reg. Reclamation Plant - Pre - Design 0.00 (82,262.17) (82,262.17) Total Revenue Over /(Under) Expense Ending Impact Fee Balance Apr 1, 2013 to Sept 30, 2013 Beginning Impact Fee Balance Revenues: Impact Fees Interest Earned Water Loan - Interest Investment Income Capital One - Investment Income Expenses: 397,729.75 137,638.90 535,368.65 3,673,139.95 2,977,181.48 6,650,321.43 Water Sewer Total 3,673,139.95 2,977,181.48 6,650,321.43 (2,134.34) (2,134.34) East Oak Water Pump - Advertising 441,567.00388,865.16 0.00 830,432.16 148.04 hhhh: 22.87 170.91 12,362.65 0.00 12,362.65 2,525.11 1,115.77 3,640.88 0.00 2,270.48 2,270.48 CCMA Auditor /Accounting Service 0.00 (1,145.03) (1,800: fi (854.97 !!'��a, (1,800.00) (2,000.00) Investment Management Fee 0.00 (2,134.34) (2,134.34) East Oak Water Pump - Advertising 0.00 0.00 0.00 East Oak Water Pump - Engineering (12,378.64) 0.00 (12,378.64) S. Reg. Reclamation Plant - Pre - Design 0.00 (49,861.30) (49,861.30) Total Revenue Over /(Under) Expense 443,079.13 337,623.67 780,702.80 Total Impact Fee Balance 4,116,219.08 3,314,805.15 7,431,024.23 Oct 1, 2013 to Mar 31, 2014 Water Sewer Total Beginning Impact Fee Balance 4,116,219.08 3,314,805.15 7,431,024.23 Revenues: Impact Fees 400,491.00 386,104.22 786,595.22 Interest Earned 152.04 77.03 229.07 Investments Income 2,647.64 1,040.74 3,688.38 Capital One - Investment Income 0.00 4,438.63 4,438.63 Expenses: Investment Management Fee 0.00 (2,142.65) (2,142.65) South East Quad Elevated Tank (6.77) 0.00 (6.77) S. Reg. Reclamation Plant - Pre - Design 0.00 (6,042.30) (6,042.30) Total Revenue Over /(Under) Expense 403,283.91 383,475.67 786,759.58 Ending Impact Fee Balance 4,519,502.99 3,698,280.82 8,217,783.81 Discussion continued between Staff and the Committee. Mr. Brown moved to accept and file the three semi - annual reports with City Council as presented. Mr. Crawford seconded the motion. Vote was 8 -0. Motion carried. 5. Adjournment: Mr. Richmond adjourned the meeting at 6:22 p.m. Chairman, Capital Improvements Advisory Committee Recording Secretary Oct 1, 2012 to HIzv 31, 20�e3 Beginning Impact Fee Balance Revenues: Expenses: Impact Fees 1 Interest Earned Y Water Loan - Interest 3 Investments Income 4 Capital One - Inveshnent Income Capital Recovery Study Review e Investment Management Fee 7 East Oal( Wafer Pump - Advertising 3 East Oak Water Pump - Engineering a S. Reg, Reclamation Plant - Pre- Design 10 Total Revenue Over /(Under) Expense Ending Impact Fee Balance Beginning Wafer Impact lee includes loan for water meters of $450,506.76 ItfiPACTS FEES Water Sewer Total 3,275,410.20 2,839,542.58 6,114,952.78 385,821.00 219,586.68 605,407.68 132.26 45.99 178.25 14,439.01 0.00 14,439.01 2,144.62 910.89 3,055.51 0.00 3,538.50 3,538.50 (2,047.50) (2,047.50) (4,095.00) 0.00 (2,133.49) (2,133.49) (264.64) 0.00 (264.64) (2,495.00) 0.00 (2,495.00) 0.00 (82,262.17) (82,262.17) 397,729.75 137,638 90 535,368.65 3,673,139.95 2,977,181,48 6,650,321.43 Impact Fees collected between Oct 1, 2012 through Mar 31, 2013 Bank interest collected between Oct 1, 2012 through Mar 31, 2013. Based on ending bank cash balance. Water ending cash balance of $838,933.10 Sewer ending cash balance of $159,736.44 3 Interest from loan to Water department for purchase of water meters. 4 Investment Income collected between Oct 1, 2012 through Mar 31, 2013 Water and Sewer have separate investment accounts. ° Investment Income from the Capital One investment for Sewer recorded between Oct, 12012 through Mar 31, 2013. ° Capita I Recovery Study Review expenses 50% to Water and 60% to Sewer. Conducted by Economist.com r Investment Management Fee charged on the Capital One investment for Capital Recovery Sewer Fund. ° Advertising for engineering bids on the East Live Oak Plant/Pump upgrades. s Engineering costs from Ford Engineering forthe East Live Oak Plant/Pump upgrades �° Design costs from Cibolo Creek Municipal Authority far the South Regional Water Reclamation Plant. Explanation of changes /revisions for report submitted Iune 2013 The beginning balances in the previous report were Water $2,953,706.10 and Sewer $2,850,443.72. The corrected beginning balances are Water $3,275,410.20 and Sewer $2,839,542.58. The difference in the Water balance was a correction to the water meter loan of $310,802.96. There was also an adjustment of $10,901.14 for the reassignment of the cost of an asset to Sewer. Total revenues in the previous report were Water $383,289.47 and Sewer $137,640.17. The corrected total revenues are Water $397,729.75 and Sewer $137,638.90. the difference in the Water revenues were the Water Loan Interest of $14,439.01 and an adjustment to interest of $1.27. For Sewer total revenues, the difference was interest adjustment of of- $1.27. In the previous report, ending balances for Water were $3,336,995.57 and Sewer $2,988,083.89 for a total of $6,325,079.46. The corrected ending balances are Water $3,673,139.95 and $2,977,181.48 for a total of 56,650,321.43. A difference of $325,241.97. Apr 1, 2013 to Sept 30, 2013 Beginning Impact Fee Balance' Revenues: Expenses: Impact Fees 2 Interest Earned' Water Loan - Interest ° Investment Income 5 Capital One - Investment Income 6 CCMA' Auditor /Accounting Service e Investment Management Fee ° East Oak Water Pump - Engineering 10 S. Reg. Reclamation Plant - Pre- Design Total Revenue Over /(Under) Expense Total Impact Fee Balance ' Beginning Impact Fee balance as of Apr 1, 2013 2 Impact Fees collected between Apr 1, 2013 through Sept 30, 2013 - IMPACTS FEES , ,r _ *- ww Water Sewer Total 3,673,139.95 2,977,181.48 6,650,321.43 441,567.00 388,865.16 830,432.16 148.04 22.87 170.91 12,362.65 0.00 12,362.65 2,525.11 1,115.77 3,640.88 0.00 2,270.48 2,270.48 0.00 (1,800.00) (1,800.00) (1,145.03) (854.97) (2,000.00) 0.00 (2,134.34) (2,134.34) (12,378.64) 0.00 (12,378.64) 0.00 (49,861.30) (49,861.30) 443,079.13 337,623.67 780,702.80 4,116,219.08 3,314,805.15 7,431,024.23 6 Bank interest collected between Apr 1, 2013 through Sept 30, 2013. Based on ending bank cash balance. Water cash balance of $434,858.54 Sewer cash balance of $67,169.28 ° Interest from loan to Water department for purchase of water meters. Loan paid off in Sept 2013. s Investment Income collected between Apr 1, 2013 through Sept 30, 2013 Water and Sewer have separate investment accounts. 6 Investment Income from Capital One Investment for Sewer fund collected between Apr 1, 2013 thru Sept 30, 2013 ' Payment to CCMA - Correction Auditor /Accounting Service expenses allocated by percentage of Water fund balance and Sewer fund balance. 9 Investment Management Fee charged on the Capital One Investment for Sewer Fund. 10 Engineering costs from Ford Engineering for the East Oak Plant/Pump upgrades " Design costs from Cibolo Creek Municipal Authority for the South Regional Water Reclamation Plant. Oci 1, 2013 o Mar 31,2014 Beginning Impact Fee Balance Revenues: Expenses: Impact Fees 1 Interest Earned 2 Investments Income 3 Capital One - Investment Income 4 Investment Management Fee 5 South East Quad Elevated Tan 1c 5 S. Reg. Reclamation Plant - Pre - Design Total Revenue Over /(Under) Expense Ending Impact Fee Balance 1 Impact Fees collected between Oct 1, 2013 through Mar 31, 2014 2 Bank interest collected between Oct 1, 2013 through Mar 31, 2014. IMPACTS FEES Water Sewer Total 4,116,219.08 3,314,805.15 7,431,024.23 400,491.00 386,104.22 786,595.22 152.04 77,03 229.07 2,647.64 1,040.74 3,688.38 0.00 4,438.63 4,438.63 0.00 (2,142.65) (2,142.65) (6.77) 0.00 (6.77) 0.00 (6,042.30) (6,042.30) 403,283.91 383,475.67 786,759.58 4,519,502.99 3,698,280.82 8,217,783.81 3 Investment Income collected between Oct 1, 2013 through Mar 31, 2014 Water and Sewer have separate investment accounts. 4 Investment Income from the Capital One investment for Sewer recorded between Oct, 12013 through Mar 31, 2014. 5 Investment Management Fee charged on the Capital One Investment for Capital Recovery Sewer Fund. 6 Engineering costs on the South East Quad Elevated Tank. (Postage- certifed mail to TCEQ) 7 Design costs from Cibolo Creek Municipal Authority for the South Regional Water Reclamation Plant.