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10-13-2015 Agenda with backup
City Council Agenda REGULAR SESSION CITY COUNCIL OCTOBER 13,2015,6:00 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 tea.. Call to Order — City Council Regular Session Opening Prayer and Pledges of Allegiance to the F'lau of the United States and State of Texas. (Minister William Parther, Resurrection Baptist Church) City Events and Announcements • Announcements of upcoming City Events ( /B. James /D. Wait /B. Cantu) • 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 f `actual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of'Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Workshops • Discussion and consideration and/or action authorizing staff and consultants to proceed with refunding the City's outstanding General Obligation Bonds, Series 2006 for Debt Service Savings. (J. Kessel /J. Santoya/M. McLiney /A. Friedman) 10 -13 -2015 Council Agenda • Discussion and update regarding the Dale Carnegie Training Program. (B. James /M. Clauser /L. Wright) • Discussion and consideration and /or action regarding the purchase of two (2) Fire Trucks. (D. Wait /D. Covington/K. Long /J. Walters) Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Special Joint and Regular Meeting of September 29, 2015. . (J. Kessel/B. Dennis) 2. Ordinance No. 15 -C -20 — Consideration and/or action approving an Ordinance amending the Code of Ordinances of the City of Schertz Chapter 18, Buildings and Building regulations. Final Reading (B. James /G. Durant) 3. Council Liaison Appointment to the Investment Advisory Committee — Consideration and /or action appointing Councilmember Thompson to the Investment Advisory Committee as a result of Councilmember Duke's resignation. (Mayor /Council) 4. Resolution No. 15 -R -86 — Consideration and /or action approving a Resolution amending Ordinance 15 -M -25 Fee Schedule regarding inspection permits, licenses and registrations. (B. Cantu /J. Santoya /J. Walters) Discussion and Action items 5. Resolution No. 15 -R -87 — Consideration and /or action approving a Resolution authorizing a revised City of Schertz Investment Policy. (J. Kessel /J. Santoya /J. Walters) 6. Resolution No. 15 -R -88 — Consideration and /or action approving a Resolution authorizing the City Manager to enter into an agreement for the purchase of two (2) fire apparatus and associated equipment and to authorize the solicitation of financing for the purchase of the fire apparatus and equipment. (D. Wait/D. Covington /K. Long /J. Walters) 7. Resolution No. 15 -R -89 — Consideration and /or action approving a Resolution authorizing Easement Agreements with Royce Simmonds, Robert Strovers, and Acres, Agua & Ag Ltd for the use, benefit, and control of the City of Schertz for the construction and maintenance of drainage facilities. (:B. James /K. Woodlee) Roll Call Vote Confirmation 10 -13 -2015 City Council Agenda Page - 2 - Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 1.0. 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 11. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Final Joint Land Use Study (JLUS). (B. James) Executive Session 12. City Council will meet in closed session pursuant to Texas Government Code Section 551.071 Consultation with Attorney to consult with the City Attorney regarding legal issues associated with the Schertz Seguin Local Government Corporation's water contracts. Reconvene into Regular Session 12a. Take any necessary action based on discussions held in closed session under Agenda Item number 1.2. Roll Call Vote Confirmation Adiournment CERTIFICATION I, DONNA SCHMOEKEL, DEPUTY 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 91h DAY OF OCTOBER 2015 AT 9:00 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE 10 -13 -2015 City Council Agenda Page - 3 - PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. D0VI,VLi2 ,Sr,h u.06Z6 Donna Schmoekel, Deputy City Secretar 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 , 2015. 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. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor Pro -Tem Fowler — Place 1 Audit Committee Interview Committee for Boards and Commissions Interview Committee for Boards and Commissions Schertz Housing :Board Liaison Investment Advisory Committee Randolph Joint Land Use Study (JLUS) Executive TIRZ II Board Committee Schertz Seguin Local Government Corporation Councilmember Azzoz — Place 2 Councilmember John — Place 3 Animal Control Advisory Committee Lone Star Rail District Sweetheart Advisory Committee Councilmember Edwards — Place 4 Councilmember Thompson Place 5 Audit Committee Audit Committee Hal. Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 10 -13 -2015 City Council Agenda Page - 4 - CITY COUNCIL MEMORANDUM City Council Meeting: October 13, 2015 Department: Finance Workshop Subject: AUTHORIZATION FROM COUNCIL TO PROCEED WITH REFUNDING THE CITY'S OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2006 FOR DEBT SERVICE SAVINGS BACKGROUND: The City has the opportunity to refund, on a current basis, its General Obligation Bonds, Series 2006 for debt service savings. The Bonds are callable beginning February 1, 2016 and can be called up to 90 days prior to their call date. FISCAL IMPACT Based upon current market conditions, the City can anticipate savings of roughly $360,000, net of all costs, as a result of the refunding. The Bonds are paid for from I &S taxes, so the economic benefit is to the City's general fund. RECOMMENDATION Staff recommends approving SAMCO and other consultants to move forward with the issuance of General Obligation Refunding Bonds, Series 2015. Final interest rates, savings and bond ordinance will be presented to the City Council at its regularly scheduled meeting on Tuesday, November 17, 2015 for Council approval. Ir W 1/�4 so 101114011 None 50077367.2 CITY COUNCIL MEMORANDUM City Council Meeting: October 13, 2015 Department: Subject: BACKGROUND City Secretary Minutes Agenda No. 1 The City Council held a Special Joint Meeting with the Schertz Economic Development Corporation and a Regular meeting on September 29, 2015. . FISCAL IMPACT RM RECOMMENDATION Staff recommends Council approve the minutes of the Special Joint Meeting with the Schertz Economic Development Corporation and the Regular meeting of September 29, 2015. ATTACHMENTS Minutes — Special Joint Meeting with the Schertz Economic Development Corporation and the Regular meeting of September 29, 2015 MINUTES REGULAR MEETING September 29, 2015 A Special Joint Meeting and Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 29, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to- wit: Mayor Pro -Tem Fowler Councilmember Daryl John Councilmember Robin Thompson Staff Present: Executive Director Bob Cantu City Attorney Charles Zech Deputy City Secretary Donna Schmoekel Mayor Michael Carpenter was absent. Mayor Pro-Tern Fowler called the meeting (Councilmember Azzoz) Councilmember Councilmember Executi no 1.9741 t Mayor Pro -Tem Fowler ' recognized Councilmember Azzoz who provided the opening prayer followed by the pledges ofallegianc o the flags of the United States and the State of Texas. Councilmember Azzoz prow * the op ring prayer followed by the Pledges of Allegiance to the Flags of the United tates and the State of'Texas," • Announcements of upcoming City Events (B. James /D. Wait/B. Cantu) Mayor Pro -Tem Fowleik recognized Executive Director Dudley Wait who provided the following announcements: • Saturday through Sunday, October 3 - 18 Annual Fall Cleanup, More information available on the City website. • Tuesday, October 6th National Night Out - Mayor and Council meet in the City Management area no later than 5:30 p.m. • Tuesday, October 6th City Council Meeting Cancelled due to "National Night Out" • Monday, October 12th Columbus Day - City Offices closed • Thursday, October 15th Steve Simonson Award and Volunteer Banquet 6:30 pm Schertz Civic Center, please RSVP with 31.1. 9 -29 -201.5 Minutes Page - 1 - • Wednesday, October 1.41h Meet the Candidates Schertz Civic Center 6:00 — 7:30 pm for City of Schertz Candidates as well as candidates for the SCUCISD Board • Monday through Friday, October 1.9 - 30 Early Voting Begins - Information varies as to various dates and times at specific designated poll locations. Please go to www.schertz.com for more information or contact the City Secretary's office. • Tuesday, November 3rd Election Day Voting hours 7 am -7 pm • Announcements and recognitions by City Manager (B. J Mayor Pro -Tem Fowler recognized Executive Director Brian James who recognized the Parks Staff who have recently been working to create a new, astronomy program at Crescent Bend Nature Park. The kick -off was a group of folks who on Sunday evening gathered to watch the lunar eclipse. Mr. James stated that they are also working with the school district on the program. Mr. James also wanted to recognize several staff merhbers from a number of departments who are working with SCUCISD to provide additional parking areas on the grass behind the skateboard park to accommodate all "the extra folks who 'ill be coming to this weekend's Clemens vs. Steele football game. lanehe' last time to address the Council. He City of Schertz as she is retiring with 31 years [iehelle has announced her retirement after 31 James thanked Michelle for all her efforts over plan approval processes, the expedition of using permits. audience provided a standing ovation in her honor. This time is set etside for any person who wishes to address the City Council. Each person should fill out the speaker' , 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. 9 -29 -201.5 Minutes Page - 2 - Mayor Pro -Tem Fowler recognized the following who spoke: • Mr. Richard Dziewit, 2550 Chasefield Drive, who reported that the bricks at the Veterans Memorial Plaza are fading. He is part of the Crime Stoppers program and wanted to thank all the Law Enforcement Agencies, First Responders, EMS, Police, and Fire and provided a decal from the Crime Stoppers to all those that continue to support the program. • Ms. Maggie Titterington, Schertz Chamber President who provided the following information regarding the events of the Chamber: Lastly, Ms. I Texas Cham'N $2.5 billion wi above the first ringtorl stated that the Schertz Chamber has been joined by 100 other in signing a resolution to support the upcoming Proposition 7. She stated .d be deposited into the state highway fund from state sales tax revenues s that year. Thirty -five percent of the net revenue derived d rental tax above the first $5 billion dollars each year highway fund. J to pay for toll roads. The money deposited into the state used for: construction, maintenance, and acquiring right of repay the principal and interest on general obligation bonds Mayor Fro - l em 1, owler recessed the regular session at 6:1 U p.m. Call to Order — Special Joint Meeting (City Council and Economic Development Corporation 1. Call Joint Meeting to order a. City Council — Mayor Pro -Tem Fowler Mayor Pro -Tem Fowler called the Special Joint Meeting with the City Council and Economic Development Corporation to order at 6:10 p.m. 9 -29 -201.5 Minutes Page - 3 - b. Economic Development Corporation — Vice Chairman, Angelina Kiser Vice -Chair Kiser called the Special Joint Meeting with the City Council and Economic Development Corporation to order at 6:11 p.m., and provided the following roll call of EDC Directors present: Director Roy Richard, Director Paul Macaluso, Director Marvin Thomas and Director Grady Morris. 2. Resolution No. 15 -R -81 — Consideration and /or action approving a Resolution authorizing Amendment No. 2 to the Economic Development Incentive Agree, , ment among the City of Schertz, Texas, The City of Schertz Economic Development Corporation, Guadalupe County, Texas, and Amazon.com.kydc LLC. (B. James /K. Kinateder) The following was read into record by Mayor Pro -Teri Fowler and Vice, President Kiser: RESOLUTION N0; 15 -R -8i Mayor Pro -Tem Fowler,,, recognized Executive Director of Economic Development Kyle Kinateder who introduced this item answering questions from Council and EDC Directors. Mr. Kinateder, stating on November 6th, 2012 the City of Schertz (the "City "), the Schertz Economic Develop nent Corporation (the "SEC "), Guadalupe County (the "County ") and Amazon.com.kydc LLC ( "Amazon ") entered` into an Economic Development Incentive Under the Agreement, Amazon agreed to construct a 1,261,980 square foot facility, make a X166 million capital investment, maintain at least $1.25 million of Taxable Property, and employ at least 350 full -time employees with at least $11 million in Annual Payroll by the end of '2(11,3. In consideration of the project, the City, County, and SEDC agreed to provide a rebate structured development incentive package. The Agreement also provided for a Sales Tax Grant, if Amazon generated at least $100 million in Project Taxable Sales. In December 2013, Amazon identified that it had not met the employment and wage requirements and requested Amendment No. 1. Under Amendment No. 1, Amazon was provided two options: increase the number of jobs and wages or increase the amount of investment at the facility. Amazon selected the Jobs Options which increased the required minimum number of Full -Time Jobs to 380 and increased the Annual Payroll to at least $12 million. Amazon met the Full -Time Jobs, Annual Payroll and New Investment benchmarks but fell short of the Taxable Property requirements. Failing to meet the Taxable Property benchmarks result in a default of the Agreement. Because Amazon did not meet the benchmarks required for the Property Tax Grant, the City and County are able to release the funds that have been set aside for the 2014 Property Tax Grant. 9 -29 -201.5 Minutes Page - 4 - Amazon also failed to meet the Project Taxable Sales benchmark of $100 million by only generating $5,148,447 in Project Taxable Sales. Because Amazon did not meet the requirements for the Sales Tax Grant they do not qualify for the annual Sales Tax Grant for the 2014 Calendar Year. Failing to qualify for the Sales Tax Grant does not trigger a default of the Agreement. The proposed amendment includes two components: • Modification of the Annual Report and the Annual Development Incentive Compliance and Certification Report form • 2014 . Property Tax Incentive The previous Annual Development Incentive Compliance and,QOrtification Report form will be modified through Amendment No. 2 to simplify the pperworkeeded to accurately report the compliance to the Agreement and also ensure, that all required information is being reported. The proposed City 2014 Property Tax Incentive is valued at up to $259,298.64 and can be earned over a periiid of 5 years. The incentiv& will be paid from sales tax proceeds in the year that they are collect dl. Staff has confirmed that excess funds will be available for both the initial Sales Tax Grarii and the City, 2014 Property Tax Incentive. For illustrati6h purposes, ifthe City 2014 Property Tax Incentive is earned by December 31, 2017 and Amazon creates $10(1 million in Project Taxable Sales the incentive structure would look as follows: ($100 million Pr6ject Taxable Sales) * (0.01 local Sales Tax) * (70% City's portion of the,, Sales Tax Grant) = $700, 000 for the City. Then the City 2014 Property Tax Incentive of $25 ,9,298.64 will be applied leaving the City with $440,701.36 This calculation ensures that the City will have sufficient funds to cover the Incentive while ensuring that future sales taxes are collected from the Schertz facility. Guadalupe County Commissioners will meet on September 29, 2014 to consider Amendment No. 2 to the Economic Development Incentive Agreement. Their approval will be contingent upon the SEDC and City Council's approval. Vice Chair Kiser recognized Director Richard who moved, seconded by Director Morris to approve Resolution No. 15 -R -81. The vote was 4 -1 -0, with Directors Kiser, Richard Thomas and Morris voting for, and Director Macaluso voting no. Motion passed. 9 -29 -2015 Minutes Page - 5 - Mayor Pro-Tem Fowler recognized Councilmember Azzoz who moved, seconded by Councilmember Edwards to approve Resolution No. 15-R-81. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for, no one voting n. Motion Passed. Roll Call Vote Confirmation Deputy City Secretary Donna Schmoekel provided the roll call vote for both the Schertz Economic Development Corporation and the Schertz City Council. Later on under the second roll call vote confirmation the vote regarding Resolution 15-R-81 was re-read and correetted. The above vote confirmation from EDC is correct above. ADJOURNMENT 3. Adjournment Special Joint Meeting. a. City Council — Mayor Pro-Tem Fowler Mayor Pro-Tem Fowler adjourned b. Economic Development Corporation — Vice Vice Chairman, Angelina Kise I, �, adj ourned the Reconvene — City Council Re2ular Session Mayor Pro-Tem Fowler reconvened back into Presentation Mayor Pro-Tern Fowler vari wo� �1 Joint Meetim4 at 6:41 Angelina Kiser Meeting at 6:41 p.m. 6:42 p.m. come up as he reads and presents the Week. (Mayor/Council — D. Covington/B. Boney) Violence. (D. Wait/M. Hansen/J. Correu/N. Solis- 14ational Night Out. (D. Wait/M. Hansen/J. Correu/H. Lafitte) Discussion and update regarding Distracted Driving. (Item requested by Councilmember Thompson) (D. Wait/M. Hansen) Mayor Pro-Tem Fowler recognized Police Chief Michael Hansen who provided the Council with the following updated information regarding distracted Drivers and answered questions from Council: • Cell phone ordinance was passed June 91h • Signs were posted on July I oth, signs were those required by state law. 9-29-2015 Minutes Page - 6 - Chief Hansen stated that they have had discussions about adding additional signage as recommended by Mayor Pro -Tem Fowler. Public Works has also put out message board signs for a month. Chief Hansen stated that they issued a sixty (60) day grace period which began, warning only, July — 11 warnings, August - 16 warnings, September - 8 warnings, and no citations. Officers have noticed a reduction in visible phone usage. Chief Hansen stated they will continue to educate through social media, meetings and will be ordering the cell phone holders you have tonight before you. The low bid company was slow in getting the design but we do have them on order. These will be free to the public at events such as Jubilee, SchertzFest and will hopefully be here for National= Night Out next week. Chief Hansen stated he has met with all officers that will be involved" in traffic enforcement and stressed that this ordinance is not intended to be a citation generator. A11 officers seemed to be on the same page. It is hoped that it will'be something that will creatc self-compliance and citations will be reserved for those `titres, that may involve a crash 'or just openly dangerous in nature. Using the original data I sented'in -the cell phone ordinance we find that the number one cause is reachir, for a falling object. This was followed closely by cell phone usage. Then the remainder of the listed items in order, were: Eating and Drinking Walking to passengers which would include disciplining children Grooming to include application of makeup Reading including maps Using navigation systems; part of the reason that newer models cannot be manipulated while the vehicle is in motion Watching a video Adjusting radio, CD, etc. As a law enforcement officer, his first thought was how would an ordinance that prohibited such behavior be written and enforced. Just look at the top of the list with eating and drinking. Would that be all food and drink? Would it eliminate food that could not be reasonably eaten with one hand? Only drinking 9 -29 -2015 Minutes Page - 7 - from a container with a straw? Would we outlaw water bottles? How will this sit with those taking long trips and traveling through our city or the local fast food vendors? Next on the list was talking to passengers. Would we only allow communication when the driver's head is kept within a 45 degree angle with the front of the vehicle? As a police officer he believes there is a difference in what we did when we did not prohibit the use of phones, just required a hands free device and what we would be doing here by prohibiting eating, drinking and communication in a vehicle. Chief Hansen stated in nearly 40 years of law enforcement h Jias tried to place everything into an analogy of a drawn line between good and bad. Sometimes that line is solid, etched in stone, and sometimes it is not as clear. It is his opinion that what we did with cell phones was on the correct side of the line. He feels both professionally and personally that to carry it forward into these other areas may be crossing that line: Chief Hansen stated he looks at the narrow margin that passed the cell phou ordinance and the virtual split of public opinion that we'have been trackin,"g on our social media site and believe it demonstrates that public opinion may Be in agreement that to venture into these other areas may be too much. It is therefore his recommendation that we keep the unchanged at this time. Mayor Pro -Tem Fowler and Councilm driving ordinance. After the discussion about it again at a -later date and they v. awareness Dro ram. ordinance intact and their comments regarding a distracted d Chief Hansen to come back and talk wanting an ordinance vs. just a public • Discussion and update fegardin Lone Star bail. (B. James) 'ro -Terri Fowler recognized Executive Director Brian James who stated that what they to do this ,v ing was" in preparation for Lone Star Rail coming to make a more i presentation: later in October and staff wanted to provide council a copy of the i1 Agreement Between the City of Schertz and the Lone Star Rail District. He wanted to touch on ,a few highpoints of how the deal is structured and how we pay our part. We de this through the creation of a transportation infrastructure zone which is similar to a tax increment zone or a tax increment reinvestment zone like what we have with Sedona or Crossvine. Essentially, you define a geographic area, in this case around the station, and the increase in property values from when you created it to the term every year, those funds, instead of going to the general fund, would go to the Lone Star Rail District and that would pay the operating costs. The other component of it is an estimate of the sales tax that would be collected in that zone, the difference as well. The way Lone Star Rail is trying to fund this is to create the zone, the additional ad valorem, and the additional sales tax generated, which would go to pay the City's portion of operations. The sales tax portion cannot equal more than the total amount of ad valorem. Half of the ad valorem goes to them and then the sales tax equal to the other half. The worst case scenario is 9 -29 -201.5 Minutes Page - 8 - we could pay up to the full amount of ad valorem for the area defined as part of the TIZ. We could pay less than that again if the estimated sales tax amounts are less than that but really what they have done here is rather than send the city a bill each year they have taken the ad valorem from the area. The logic is that if you create this rail station, more development of higher value will occur that is generated by the rail station. When we updated the comprehensive plan we defined a general area where this rail station would be and our plans call for a higher intensity development, not typical suburban stuff. They are asking that we enter into the agreement this year and that we create the TIZ around the end of the year or early next year to start capturing value. A question would be why would we give them money when we don't have the rail stop yet. The answer is we don't; we'ifurmel that money into an account. The agreement says in about six years rail has to hit certain benchmarks. If they don't hit that deadline we have the ability to pull out or we:canjust decide to stay in. Again, there is not a risk to us other than the ad valorem we cart7t use because it goes into a special account in the event they hit their benchmark points and are able to bring this about. Mayor Pro -Tem Fowler recognized Executive Director Brian James who provided the following update answering questions from Couocilx By annexing properties Cities can: • Control the development of property through zoning. • Require conformance with building codes and city regulations. • Collect taxes. Cities must provide: • City services such as police and fire protection. 9 -29 -2015 Minutes Page - 9 - • Trash collection. Development Agreements • Allow cities to agree to delay annexation unless the use of the property changes • Establish a timeline for future annexation • Discussion regarding rules and policy regarding placement of political signs on public and/or private property. (Item requested by Councilmember Edwards) (D. Wait) Mayor Pro -Tem Fowler recognized Executive Director Dudley Wait who stated they have consulted with our city attorney regarding this subject regarding the placement of political signs around the city. They recently reviewed the city's current sign ordinance as well as some recent supreme court decisions that have clarified , s'ignage,,a'8 free speech. As a result they gave two directives to staff regarding political signs:: l) If any political sign is placed on city property, staff first verifies that the property is indeed city property, removes it and brings it back to city hall. Staff then contacts the candidate and offers them the opportunity to come pick it up. 2) Signs that are placed in an areatat could potentially create a,hazard to public safety. An example is a sign that blocks the normal view of-traffic at an intersection. Code enforcement staff will go out and evaluate the situatioq. They w on't go on private property to evaluate the situation but will do it from the public roads and right of ways. If it is determined to be a hazard they will contact theproperty owner and advise, them of how to possibly correct it but leave it up to that property owner to make those adjustents on their property. Mayor Pro -Tem Fowler recognized Councilmemb6r, Edwards who asked if the signs were in entries and city parks, is that not allowed? Mr. Wait replied that city staff will remove them. Regarding private Iapetty, common courtesy would indicate that permission should be obtained from the;property owner to avoid any trespassing issues. He reiterated that staff will always verify,if the ,property is, city owned or privately owned. Mayor Pro -Tem Fowler recogiiized,C,ouncilmember John who stated he has been getting a lot of calls out candidates putting signs oh private property without asking permission from the owners) and he kinks we need „to do something to address this. °ecognied "Councilmember Thompson who stated he doesn't know if but he has heard enough complaints that he would like to see council Code of Ethics for the City Council and ask all future candidates sign it; and that no political signs will be used in the next election - money for every candidate and many homeowners would probably also force the candidates to get out and meet the public. Mayor Pro - he bring that up later during Item 9 - Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Councilmember Thompson stated he would. Councilman Azzoz stated candidates should simply be responsible and ask permission from private property owners. Consent Agenda Items 9 -29 -2015 Minutes Page -10 - The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Joint and Regular Meeting of September 15, 2015. (B. James /B. Dennis) 2. Resolution No. 15 -R -82 — Consideration and/or action approving a Resolution authorizing EMS Debt Revenue Adjustments for certain inactive outstanding accounts receivables. (D. Wait/J. Mabbitt) The following was read into record: RESOLUTION NO. 1. A RESOLUTION BY THE CITY COUNC AUTHORIZING EMS DEBT REVEN OUTSTANDING ACCOUNTS RECEIV PAYMENT AND OTHER MATTERS IN C 3. Resolution No. 15 -R -83 - Consi( Utility Billing Debt Revenue Adj receivables. (D. Wait /C. Spence) The following was read into record: SOLUTI S and /or action for certain r iN NO. 15 -R CITY OF SCHERTZ, TEXAS TMENTS FOR INACTIVE TER 180 DAYS OF NON v THEREWITH wing a Resolution authorizing v ",outstandin4 accounts The following was read into record: RESOLUTION NO. 15 -R -85 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SCHERT /SEGUIN LOCAL GOVERNMENT CORPORATION (SSLGC) BUDGET AMENDMENT FOR FISCAL YEAR 2014 -15 IN THE AMOUNT OF $126,402 FOR THE VACUUM TRUCK, AND OTHER MATTERS IN CONNECTION THEREWITH 9 -29 -201.5 Minutes Page - 11 - Mayor Pro -Tem Fowler recognized Councilmember Edwards who moved, seconded by Councilmember Azzoz to approve the consent agenda items 1 -4. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Discussion and Action items 5. Resolution No. 15 -R -84 — Consideration and/or action approving a Resolution amending Ordinance 15 -M -25 Fee Schedule regarding Food Booths and Mobil Food Establishments. (D. Wait/D. Covington) The following was read into record: RESOLUTION NO. A food booth fee was intended to require when operating cooking appliances at e event, this inspection is performed for appropriately defined s "pet booth, per e CITY OF SCI] ►ULE REGAL AND OTHER TZ, TEXAS NG FOOD kTTERS IN who stated City Departments er charges that are all part of Jule adopted August 18, 2015 of those fees required further vidual to comply with certain fire safety rules Since a food booth is created anew at each food booth at every event. The fee is more The attached resolution amends City code which details the fees by department and discloses the existing and proposed rates for each type of service. These proposed rate changes will be effective October 15, 2015, . excluding the Garbage Rates which will be effective January 1st 2016. Staff recommends this Ordinance be approved. Council approved Appendix C of the City Code, containing the Schedule of Fees, on final reading at their meeting of August 18, 2015. The fees are minimal and intended for the primary purpose to establish a required inspection when vendors are operating cooking 9 -29 -2015 Minutes Page -12 - appliances in the vicinity of the public. The fiscal impact to the vendors is not expected to have an adverse impact on the vendor's operation. Staff recommends the City Council approve Resolution No. 15 -R -84, amending Appendix C of the Code of Ordinances, Schedule of Fees. Mayor Pro -Tem Fowler recognized Councilmember Azzoz who moved, seconded by Councilmember Edwards to approve Resolution No. 1.5 -R -84. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 6. Resolution No. 15 -R -76 — Consideration and/or action approving a Resolution authorizing a Professional Services Agreement with Cobb, Fendley & Associates, Inc., relating to engineering design services for the Woman Hollering Creek 'Wastewater Line Project. (B. James /K. Woodlee) The following was read into record: RESOLUTI 7 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES, AGREEMENT WITH COBB, FENDLEY & ASSOCIATES, INC., RELATING TO ENGINEERING DESIGN SERVICES FOR THE WOMAN HOLLERING CREEK WASTEWATER LINE PROJECT, AND OTHER MATTERS Il`N CONNECTION THEREWITH Mayor Pro -Tem Schertz desires t future Cibolo Ci off of Trainer M line from the e� v,let,',recognized City 'Engineer Kathy Woodlee who stated the City of nstruet,:a sanitary sewer system to £collect and convey wastewater to the Municipal Authority (COMA) water reclamation plant to be constructed toad in southern Schertz. 'The system will consist of a gravity wastewater 1g, lift station at the Sedona Subdivision at FM 1.51.8 near the Woman roxiriitely 11,500 feet to the intersection of Woman Hollering Creek and ty, a new lift station, and approximately 6,000 feet of force main from the CMA plant:: The project will also include an additional gravity line feet in length along an unnamed tributary of Woman Hollering Creek he primary gravity main. This system will provide the initial wastewater 4A plant and is necessary for the plant to begin operation and allow the lerin2 Lift Station at Sedona to be taken out of service. The City is ready to move forward with the Engineering and Design phase of the project. This phase wily include a route analysis, survey, easement acquisitions, environmental . investigation, geotechnical investigation, and construction design. The scope of work for the Engineering and Design Agreement also includes bid and construction phase services. On July 7, 2014, City Council approved On Call Engineering Contracts with four Engineering Firms; Ford Engineering, Pape Dawson, LAN, and Cobb Fendley for the engineering and design of various projects in the City of Schertz. Based on qualifications, experience, and history of the project, staff recommends hiring Cobb, Fendley & Associates, Inc., to complete the Engineering and Design services for the Woman Hollering Creek Wastewater Line Project. 9 -29 -2015 Minutes Page -13 - 7. Woman Hollering Creek Wastewater Line Project Budget Engineering and Design Services 589,850 Legal 5,000 Advertising 1,000 Other Prof. Services $ 5,000 Contingency 60,000 Easement Acquisition Prof. Services 183,300 Easement Acquisition 150,000 (Estii Construction $4,496,274 (Estii Construction Contingency $ 450,000 Project Total $5,940,424 This Resolution will allow the City to secure the the project construction of the Woman Hollerit qualifications, experience, and history of the pre & Associates, Inc., to complete the Engineci Professional Services for the Woman Hollering $773,147.40. The project costs, including Engl Capital Recovery and Certificates Capital Recovery: Certificates of Obligation: Staff rec( questions Excludes Condemnation) Reering services,,,tielcessar y for bidding of -eek Wastewater Line Project. Based on staff recommends hiring Cobb, Fendley and Design and EasemOnt, Acquisition & Wastewater Line Proiec''t''for a cost of Mayor Pro-Tern Fowler rec6giiied Councilmember Edwards who moved, seconded by Councilminber Thompson to approve Resolution No. 15-R-76. The vote was unanimous with Mayor'Prlo-Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no, one voting An, Motion passed. No. 15-CI-20 — Conduct a public hearing and consideration and/or action i Ordinance amending the Code of Ordinances of the City of Schertz Chapter 18, 4 Building,regulations. First Reading (B. James/M. Sanchez/G. Durant) The followiruz'was read into record: ORDINANCE NO. 15-C-20 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS BY REPEALING EXISTING INTERNATIONAL CODES AND ADOPTING NEW INTERNATIONAL CODES; PROVIDING FOR A PENALTY 9-29-2015 Minutes Page -14 - Mayor Pro -Tern Fowler recognized Permit Expeditor Michelle Sanchez who provided the following information from her PowerPoint presentation. • Adoption of International Building Codes Update building codes from the 2006 to the 2012 codes including supplements. National Electrical Code 2014 . Energy Conservation Code 2009 Manual of Cross Connection Control International Fire Code was adopted August 4. Design Professional Omitted the requirement for and electrical plans for resid mechanical, plumbing provided for in the IBC and for all Assembly, Educational and f the design engineer may perform the pre -pour ng placement of the concrete for both residential and yor or engineer may provide the confirmation letter on rough after form removal or after final tendon stressing if the slab is a post- Sound Transmission Standards Clarified that habitable spaces located within the 65 dBA have two options for achieving attenuation. Added that the builder may provide a letter of compliance prior to issuance of the Certificate of Occupancy if attenuation is achieved using approved construction materials. 9 -29 -201.5 Minutes Page -15 - • Work exempt from permit Shed/accessory structures 120 square feet or less Siding and Arbors Replacement fences • Exception If a concrete foundation is being built for the shed, accessory structure or arbor; and Flood hazard areas Mayor Pro -Tem Fowler opened the public hearing and recognized the following: • Mr. Jim Leonard, representing the Greater San Antonio Builders Association (GSABA). He thanked Brian James, Michelle Sanchez and Gil Durant as a few of the many people who contributed to this ordinance draft (version #1.5). He stressed that even with the emphasis and shift towards allowing inspector representatives to be present for concrete pours in lieu of the do igh engineers themselves, this does not represent a reduction in quality as these inspectors are fully certified and accredited to perform this task. He further stated the ',intend to continue holding quarterly meetings with building staff and members from othor cities to get their ideas and perspectives. He supports this currently submitted draft ordinance. • Mr. Ken Greenwald, 205 Westchester, who echoed a lot of what David Richmond said. He thanked the builders, staff and everyone else for their input into this document. He feels the permit exceptions for the fences and sheds is a step in the wrong direction. He questioned the sound judgement of `like for like' projects. Permits are not meant to make money, but rather to keep our citizens safe. He has a very bad aversion to `excepting' that process. 9 -29 -201.5 Minutes Page -16 - Mayor Pro -Tem Fowler closed the public hearing for Council comments. Ms. Sanchez remained available to answer questions and listened to subsequent discussion from councilmembers regarding that portion of the proposed ordinance exempting permits pertaining to like- for -like projects such as fences. Discussion continued regarding pre -built sheds versus those built from the ground up, dangers surrounding digging in the ground and hitting gas or water lines and the overall goal of the permitting process which is to have continuity and encourage compliance to build a quality structure on their properties. Councilmember Azzoz made a motion to pass Ordinance No. 1`5 -C-20. After a few more comments from council, Councilmember Thompson asked, Councilmember Azzoz to amend his motion so that they could pass all the portions of the buildiri, code tonight except `like- for -like building projects; then the builders can move on with ' the foundations and other problems presented and we can reserve that one portion for future discussion. In response to Councilmember John's concern regarding the requirement of having a design engineer's representative /inspector onsite at concrete pours" Mr. James stated'the reason for having this provision is in response to past complaints from residents who reported there was a bit of finger pointing as to the causes; therefore, this is to eliminate that from happening in the future and the resident can look to the engineer for answers. Mayor Pro -Tem Fowler recognized Counci like- for -like item and he does not think it is Ordinance No. 15 -C -20. As there was no ei Azzoz who stated he has researched this ),f an issue. He made a motion to approve ed. Mayor Pro -Tem Fowler recognized Councilmember Thompson who moved to approve Ordinance No. 15 -C -20 with the exception of the like- for -like portion and bring that back for discussion at a later time. Mayor Pro-Teru, Fowler recognized Executive Director Brian James, who stated, for clarity, what you are aski ' rig,for is with regard to the exception for permits for sheds under 120 square feet, replacement,of fences, siding and arbors. We would eliminate the proposed change and stay with the existing building code requirements for a permit and bring that particular part back for future discussion. Mr. James said to further clarify, the sections in the code we are talking about are in regard to the International Residential Code, page 24, R1052, Work Exempted from a Permit, Sections 8 and 9, Accessory Structures under 1.20 square feet. It is replacement of fences and siding as well as arbors. What is proposed is that they would not require a permit; the motion is to maintain the `current' code provisions that require permits for those particular things and to address them again at a later date. 9 -29 -2015 Minutes Page -17 - Mayor Pro -Tem Fowler recognized Councilmember Thompson who moved, seconded by Councilmember Edwards to approve Ordinance No. 15 -C -20, with the exception of the portion of the Residential Code referencing accessory structures under 120 square feet, sheds, replacement fences, siding and arbors in each section of the IBC and IRC; pages 9 and 23, Items 8 and 9, and bring that portion back at a later date for discussion. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Pro -Tem Fowler recognized City Secretary Brenda Dennis Resolution No. 1.5 -R -81 as there was an error in the roll call confi recapped: Director Richard moved, seconded by Director Morris to appro The vote was 4 -1 -0, with Directors .Kiser, Richard Thomas and Macaluso voting no. Motion passed. Mayor Pro -Tem Fowler recognized Deputy City Se( call vote confirmation for agenda items 1 through 7. Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee • New Dartmental initiatives Mayor Pro -Tem ed to, go back to The following was i No. 15 -R -81. g for, Director who moVided the roll e Director Brian. James who thanked the together last week as well as the items and 9. Requests by Mayor-'a Council "Members that items be placed on a future City Council Mayor Pro-Tem Fowler, recognized Councilmember Thompson who requested adding to a future event rovisioli to the Ethics Code of Conduct for Elections that all candidates would sign a statement saying that any posted sign in the City of Schertz can only be put up with the express permission of the property owner. Proof of permission must be produced if requested, and if not produced, the sign must be removed; and that all candidates for the election be asked to sign that. This item is to be put together by staff s convenience and brought back. 1.0. 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 9 -29 -201.5 Minutes Page -18 - • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Pro -Tem Fowler recognized Councilmember Azzoz who stated he is working on two annual upcoming events; the Lions Club Fish Fry and Auction in Garden Ridge and the Thanksgiving luncheon he hosts each year for the homeless which benefits the Hope Center, New Braunfels Women's Shelter, Sam's Shelter and more. Mayor Pro -Tem Fowler recognized Councilmember Edwards who, thanked everyone who put on the recent Schertzfest. He also attended the Texas Municipal,League'(TML) Conference in San Antonio and was glad to see several staff members attending and taking advantage of the various opportunities for learning. He thanked Walker Partners far the dinner they provided. Mayor Pro -Tem Fowler recognized Councilmember Thompson who - said he attended the Investment Committee meeting and was impressed with Senior Budget Analyst James Walters ability to pull together very complex issues and easily* summarize the infforrnation for everyone in attendance. Executive Session Conference in San Antonio and le him ask himself, do we really qt rtain ng the thought of maybe e thou want to see us go. Maybe d, let the people tell us what they Mayor Pro -Tem Fowler recessed the, regular meeting of 8:45 p.m. into Executive Session. 1.1. City Coun it will meet in,, closed session under section 551.074 Evaluations of the City % Se retary and D nuts Citv,S eretarv. Mayor Pro- Tem'Fowler reconvened into Regular session at 9:50 p.m. I la. Take any necessary action based on discussions held in closed session under Agenda item number 11 including possible increase in salary. Mayor Pro -Tem Fowler recognized Councilmember Azzoz who moved, seconded by Councilmember John to approve a 2% salary increase for the City Secretary and the Deputy City Secretary. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Mayor Pro -Tem Fowler recognized Councilmember Edwards who asked when the effective date for the salary increase was. Councilmember Azzoz stated, `immediately'. Executive 9 -29 -201.5 Minutes Page -19 - Director Brian James stated, for clarity, could it be effective for the current pay period. Councilmember Azzoz answered yes. Mayor Pro -Tern Fowler recognized Councilmember Azzoz who restated his motion and moved, seconded by Councilmember John to approve a 2% salary increase for the City Secretary and the Deputy City Secretary effective the next pay period. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Pro -Tem Fowler recognized Deputy City Secretary Donna call vote confirmation for agenda item 11 a. Adjournment Mayor Pro -Tem Fowler adjourned the meeting at 9: ATTEST: Brenda Dennis, City Secretary 9 -29 -201.5 Minutes Page - 20 - who provided the roll Mayor Pro -Tem Jim Fowler Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: October 13, 2015 Department: Subject: BACKGROUND Goal Development Services Ordinance No. 15 -C -20 — Conduct a Public hearing and consideration and /or action approving an Ordinance amending the Schertz Code of Ordinances, Chapter 18, Buildings and Building Regulations, by repealing existing International Codes and adopting new International Codes and adopting the revised Schertz Code of Ordinance, Chapter 18, Building and Building Regulations. Final Reading (B. James /G. Durant) Staff has determined a need to revise current building codes with regard to building, plumbing, mechanical, fuel /gas and electrical requirements. The current code was developed a decade ago and industry standards have increased over the years providing for improvement in safety and the implementation of new construction techniques. The revisions proposed are intended to ensure the proper construction of structures built in the City and to protect the safety and welfare of the community through regulation of certain construction activities within the City. Community Benefit It is the City's desire to increase building standards in the community and updating codes will improve the consistency in construction standards thereby providing building efficiency for the homeowner and the builder because many of the builders working in Schertz are also building in neighboring communities who have also adopted the 2012 codes. Summary of Recommended Action Staff presented this item by public hearing on September 29, 2015 wherein City Council approved the first reading of the ordinance with omissions to the IBC Section 105.2 and the IRC, City Council Memorandum Page 2 Section 8105.2 Work exempt from permit, Items 8 and 9 regarding residential one story detached accessory structures or sheds; and residential replacement fences, siding and arbors. During the meeting Council directed staff to continue to work to evaluate potential changes to make it more convenient for residents to make improvements to their homes while ensuring work being done meets the appropriate standards. Items to be considered include, allowing up to a certain number of panels of a fence to be replaced without a permit, allowing like for like fence replacement using the same post holes, exempting from permitting requirements the installation of sheds up to 120 square feet that are manufactured offsite as opposed to constructed onfite. Staff anticipates working on these changes in November and December 2015. As a result of discussions and further staff review of concerns voiced by the Greater San. Antonio Builders Association (GSABA) since the September 15, 2015 Joint Workshop, the following changes are recommended with the final revision of the ordinance and are proposed within each respective section of the International Building Code (IBC) and International Residential Code (IRC): • Omitted the requirement to have an architect or engineer to certify all plans and to refer to the State and respective building codes for requirements on foundation and wind bracing design. • Maintained that an architect and engineer are required for all Assembly, Educational and Institutional construction projects; • Modified ordinance to allow a representative of the design engineer to perform the pre - pour inspection and be present during placement of the concrete for both residential and commercial construction; • That a surveyor may provide the confirmation letter on the rough grading of the lot after form removal or after final tendon stressing if the slab is a post- tension slab. • Clarified that a sealed certification letter from an engineer shall be provided which states that the concrete has adequately cured prior to commencement of framing, but in no case shall framing begin less than 3 days after completion of concrete placement; • Clarified that post - tensioned foundations must be inspected by either a PTI Slab -on- Ground Installer - Stressor or Level 1 or 2 Unbonded PT Inspector after stressing the cables or to place a load on the slab or to commence framing. • Corrected the reference to the method of achievement for sound attenuation; • Clarified when a third party testing agency is required and when the builder may provide the letter of compliance for sound attenuation. Adoption of the following codes is proposed with approval of Ordinance 15 -C -20: 1. National Electrical Code (NEC) 2014 (mandated by the State) 2. International Energy Conservation Code (IECC) 2009 (mandated by the State 3. International Building Code (IBC) 2012 4. International Residential Code for One and Two Family Dwellings (IRC) 2012 5. International Fuel Gas Code (IFGC) 2012 . 6. International Mechanical Code (IMC) 2012 7. International Plumbing Code (IPC) 2012 8. International Property Maintenance Code (IPMC) 2012 City Council Memorandum Page 3 9. International Existing Buildings Code (IEBC) 2012 10. Manual of Cross Connection Control 11. International Swimming Pool and Spa Code 2012 (ISPSC) FISCAL IMPACT Staff does not believe that there will be an increase in building costs from adoption of the 2006 codes to the 2012 codes. There may be additional costs incurred to builders with regard to special or additional inspections due to adoption of the 2012 codes and due to the special requirements imposed by the sound transmission standards. The revision to allow an engineer's representative to perform the pre -pour inspection and be present during placement of the concrete pour will significantly reduce the cost incurred by builders to meet this requirement. The City will no longer gain revenue from those permits being proposed for exemption. RECOMMENDATION The revised ordinance was presented in a Special Joint Workshop to the Planning and Zoning Commission and City Council on September 15, 2015 and the :P &Z Commission generally supported the changes proposed. The only objection voiced by Chairman David Richmond was to the exemptions for a permit for accessory structures less than 200 square feet in size and to an exemption for a permit for replacement fences. Staff recommends that the final reading of Ordinance 15 -C-20 amending the Schertz Code of Ordinances, Chapter 1.8, Buildings and Building Regulations by repealing existing International Codes and adopting new International Codes and adopting the revised Schertz Code of Ordinances, Chapter 18, Building and Building Regulations be approved. The ordinance shall become effective upon adoption, however, builders may choose to continue with the use of the previous 2006 International Building Codes through December 31, 2015. ATTACHMENT Ordinance No. 15 -C -20 - FINAL Markup of Ordinance No. 15 -C -20 showing omissions since City Council meeting of 9 -30 -201.5 ORDINANCE NO. 15-C-20 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS BY REPEALING EXISTING INTERNATIONAL CODES AND ADOPTING NEW INTERNATIONAL CODES; PROVIDING FOR A PENALTY WHEREAS, the Texas Local Governmental Code empowers the cities to enact building codes and regulations and provide for their administration, enforcement, and amendment; and WHEREAS, the regulation of building and building construction by the City of Schertz (the "City ") is necessary to protect the public health and welfare; and WHEREAS, the City Council of the City desires to protect the safety and welfare of the citizens of the City through regulation of construction activities in the City; and WHEREAS, the City has previously adopted multiple international codes; and WHEREAS, more recent international codes have been adopted by the International Code Committee; and WHEREAS, City Staff has undertaken a review of the newly adopted international codes as compared to the City's existing codes; and WHEREAS, City Staff recommends adopting the international codes provided for herein along with certain amendments; and WHEREAS, City Staff presented the international codes provided for herein along with their amendments to the City Planning and Zoning Commission (the "P &Z ") on July 22, 2015; and WHEREAS, the P &Z voted to recommend approval of the provisions regulating construction Final Revision 9 -30 -2015 V.16 MS activities set forth herein at the P &Z meeting on July 22, 2015; and WHEREAS, the City Council has determined that the regulation of construction activities in the City, as set forth herein, is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Repealer. Chapter 18, "Buildings and Building Regulations" of the Code of Ordinances, City of Schertz, Texas, Articles I — X are hereby repealed. Section 2. Amendments. Chapter 18, `Buildings and Building Regulations" of the Code of Ordinances, City of Schertz, Texas, is hereby amended to read as follows: ARTICLE I. — IN GENERAL Section 18 -1. Scheduling Inspections (a) Posting permit and plans. Work requiring a permit shall not commence until the permit holder or his agent posts the Inspection card and plans in a conspicuous place on the premises. The Inspection card and plans shall be protected from the weather and located in such a position as to permit the building official or designee or assigned inspector to conveniently make the required entries thereon. The permit holder shall maintain the Inspection card and plans in such position until the certificate of occupancy or completion certificate is issued by the building official or designee or assigned inspector. (b) Inspection Requirements. A 24 -hour notice is required before an inspection is desired, excluding Saturdays, Sundays and Holidays. To insure a 24 -hour service, all inspections must be called in by 4:00 p.m. Monday through Friday and shall include the permit number, address of the inspection site, contact information of the requester, and type of inspections being requested. Any Inspections requested but unable to be performed on the requested day shall be given priority on the next business day. If a re- inspection has been called for and the second inspection revealed that the original turn down items have not been corrected in part or in whole, a 72 -hour hold on the failed segment may be given before another re- inspection will be made. Each subsequent fail on the same re- inspection may be rescheduled no sooner than 72 —hours which will not include weekends or holiday time periods. Section 18 -2. Building Contractors Registration. It shall be the duty of every contractor who shall make contracts for the construction, erection, alteration, repair, moving, demolition, installation or replacements of any building, structure, swimming pool, or sign, whether permanent or temporary, obtain all the necessary permits. Such Final Revisions 9 -30 -2015 V.16 MS 2 contractor shall be registered by the City of Schertz. Insurance required. It shall be the duty of all contractors who practice their craft within the City of Schertz, Texas to show proof of general commercial liability insurance for claims for property damage, or bodily injury regardless of whether the claim arises from a negligence claim or on a contract claim. Coverage amount of liability insurance shall not be less than $300,000.00. The insurance shall run for a concurrent term with the registration. Application. A written application for a contractor's registration will be submitted to the building official or designee or assigned inspector on a form prescribed by the city along with the required initial fee and evidence of qualifications as follows: • Required initial fee; • Renewal fee as applicable; • Completed application; The building official or designee or assigned inspector, within 30 days from the receipt of the completed application, will issue the registration or give a written refusal setting out the reasons for refusal. Renewal. All renewals shall be due January 1, of each year. Failure to renew within 30 days after the renewal date will require the applicant to reapply for registration at the initial fee rate. Revocation. Any registration issued under this section may be revoked by the building official or designee or assigned inspector for failure to remedy unsatisfactory work, violations of the chapter, failure to obtain permits, or failure to obtain proper inspections in addition to any additional penalties provided by this ordinance. Appeal. An applicant, whose registration has been denied or revoked, may appeal to the Board of Appeals within 30 days, in writing along with an established filing fee. Section 18 -3. Electrical Registration. No person shall install, repair or remove electrical wiring or devices unless he is licensed as an Electrical Contractor issued by the State of Texas who employs any of the listed tradesmen as established by the Texas Department of Licensing and Regulation (TDLR). A licensed master, sign master, journeyman, sign journeyman, residential wireman, or journeyman lineman must directly supervise work done by an apprentice or sign apprentice. Directly supervise is defined as follows: Final Revisions 9 -30 -2015 V.16 MS 1. Where a single family or duplex residential structure is under construction. The supervisor shall be on the property while any electrical work as defined by TDLR Rules and Law is underway. 2. Where a commercial or industrial project is under construction. The supervisor shall be not less than one supervisor per 50,000 square feet or each story above the first floor or sub -floor over 50,000 square feet and shall be on the property while any electrical work as defined by TDLR Rules and Law is underway. A master, sign master, journeyman, sign journeyman, residential wireman, or journeyman lineman electrician may supervise not more than eight apprentice electricians for commercial construction and not more than four apprentice electricians for residential construction. Exception: 1. A registration is not required of a homeowner who is doing electrical work on his own home. The homeowner may receive help from others to do such work, provided that the principal occupation of the person giving help is not that of an electrical contractor or electrician. 2. A registration is not required of a person who is hired as a full -time employee to perform normal maintenance excluding alterations and additions of electrical systems in commercial establishments, provided that the person does not work as an electrician or electrical contractor for the general public. Renewal. All renewals shall be due January 1, of each year. Failure to renew within. (180) one hundred and eighty days after the renewal date will require the applicant to reapply for registration at the initial fee rate. Revocation. Any Registration issued under this section may be revoked by the building official or designee or assigned inspector for failure to remedy non -code compliant work, violation of the electrical code, failure to obtain a permit or failure to obtain proper inspections in addition to any additional penalties provided by this ordinance. A complaint shall also be filed with the TDLR by the building official or designee or assigned inspector. Insurance required. It shall be the duty of all electrical contractors who practice their craft within the City of Schertz, Texas to show proof of general liability insurance for claims for property damage, or bodily injury regardless of whether the claim arises from a negligence claim or on a contract claim. Coverage amount of liability insurance shall not be less than the amount mandated by the Texas Department of Licensing and Regulation Administrative Code Chapter 73.40 Insurance Requirements. Final Revisions 9 -30 -2015 V.16 MS 4 I. Electrical contractors, electrical sign contractors, and residential appliance installation contractors are required to maintain at least the minimum general liability insurance coverage at all times to satisfy proof of financial responsibility. a. the insurance must be at least $300,000 per occurrence (combined for property damage and bodily injury); b. be at least $600,000 aggregate (total amount the policy will pay for property damage and bodily injury coverage); and c. be at least $300,000 aggregate for products and completed operations. 2. A license applicant or licensee shall file with TDLR a completed certificate of insurance or other evidence satisfactory to the department when applying for initial and renewal licenses and upon request of the department. 3. Proof of the required general liability and workers' compensation insurance can be submitted on an industry standard certificate of insurance form with a 30 -day cancellation notice. Workers' compensation coverage may be established by a certificate of authority to self - insure, or an applicant may state that it has elected not to obtain workers' compensation coverage. 4. A licensed contractor shall furnish the name of the insurance carrier, policy number, name, address, and telephone number of the insurance agent with whom the contractor is insured to any customer who requests it. 5. Insurance must be obtained from an admitted company or an eligible surplus lines carrier, as defined in the Texas Insurance Code, Chapter 981, or other insurance companies that are rated by A.M. Best Company as B-{- or higher. Section 18 -4. Mechanical Registration. It shall be the duty of all mechanical contractors who practice their craft within the City of Schertz, Texas to show proof of state license and insurance as required by the Department of Licensing and Regulation (TDLR), as referenced in State Law, Article 8861, TDLE- ACR- 75.11/v.1/93. Insurance required. It shall be the duty of all Mechanical contractors who practice their craft within the City of Schertz, Texas to show proof of general liability insurance for claims for property damage, or bodily injury regardless of whether the claim arises from a negligence claim or on a contract claim. Coverage amount of liability insurance shall not be less than the amount mandated by the TDLR Administrative Code Chapter 75.40 Contractor Insurance Requirements. 1. Class A licensees must maintain commercial general liability insurance at all times Final Revisions 9 -30 -2015 V.16 MS during a license period: a. of at least $300,000 per occurrence (combined for property damage and bodily injury); b. of at least $600,000 aggregate (total amount the policy will pay for property damage and bodily injury coverage); and C. of at least $300,000 aggregate for products and completed operations. 2. Class B licensees must maintain commercial liability insurance at all times during a license period: a. of at least $100,000 per occurrence (combined for property damage and bodily injury); b. of at least $200,000 aggregate (total amount the policy will pay for property damage and bodily injury coverage); and C. of at least $100,000 aggregate for products and completed operations. 3. Insurance must be obtained from an insurance provider authorized to sell liability insurance in Texas pursuant to the Texas Insurance Code. 4. A license applicant or licensee must file with TDLR a completed certificate of insurance or other evidence satisfactory to TDLR when applying for an initial license, changing a business name or affiliation, and upon request of TDLR. 5. Requests to waive the insurance requirements because the license holder does not contract with the public must: a. be submitted in writing to TDLR; and b. contain a detailed explanation of the conditions under which the waiver is requested. 6. A licensee who has received a waiver of insurance cannot perform or offer to perform air conditioning and refrigeration contracting under his license with the general public. 7. A licensee or an air conditioning and refrigeration contracting company must furnish the name of the insurance carrier, policy number, name, address, and telephone number of the insurance agent with whom the licensee or company is insured to any customer who requests it. Final Revisions 9 -30 -2015 V.16 MS 6 State law reference— State license requirements for air conditioning and refrigeration contracting, Tex. Occupations Code, § 1.302.251 et seq.; municipal licensing and regulation of air conditioning and refrigeration contracting, Tex. Occupations Code, §§ 1.302.301- 1302.303. Section 18 -5. Plumbing Registration. It shall be the duty of all plumbing contractors who practice their craft within the City of Schertz, Texas to show proof of state license and insurance as required by the Texas State Board of Plumbing Examiners in accordance with, Vernon's Civil Statues, Article 6243 -101. Plumbing Supervision: A master, journey man, residential utilities installer, drain cleaner or tradesman plumber may directly supervise not more than eight apprentice plumbers for commercial construction and not more than four apprentice plumbers for residential. Directly supervise is defined as follows: Where a single family or duplex residential structure is under construction. The supervisor shall be on the property while any plumbing work as defined by Texas State Board of Plumbing Examiners Rules and Law is underway. 2. Where a commercial or industrial project is under construction. The supervisor shall be not less than one supervisor per 50,000 square feet or each story above the first floor or sub -floor over 50,000 square feet and shall be on the property while any plumbing work as defined by TSBPE Rules and Law is underway. Insurance required. It shall be the duty of all Plumbing contractors who practice their craft within the City of Schertz, Texas to show proof of general liability insurance for claims for property damage, or bodily injury regardless of whether the claim arises from a negligence claim or on a contract claim. Coverage amount of liability insurance shall not be less than the amount mandated by the Texas Board of Plumbing Examiners Board Rules, Section 367.3 Requirements for Plumbing Companies, Responsible Master Plumbers (RMP) ; Certificate of Insurance. 1. The Certificate of Insurance must: a. Be written by a company licensed to do business in this state; b. Provide for commercial general liability insurance for the RMP for claims Final Revisions 9 -30 -2015 V.16 MS 7 for property damage or bodily injury, regardless of whether the claim arises from a negligence claim or on a contract claim an d shall include all types of plumbing that will be performed under the RMP's license, including, but not limited to: i. Liquefied petroleum gas (LPG) plumbing; ii. Medical gas plumbing; and iii. Multipurpose residential fire protection sprinkler systems; and c. Be in a coverage amount of not less than $300,000.00 for all claims arising in any one -year period; d. State the name and license number of the Master Plumber for whom the coverage is provided; e. State the name of the plumbing company for which the Master Plumber is acting as the RMP. i. Insurance coverage specified in part (a) of this subsection, shall be maintained at all times during which a Master Plumber acts as a RMP. ii. The Certificate of Insurance form expires on the date that the insurance coverage, specified in section (a) of this subsection, expires. iii. The RMP shall furnish the TSBPE with a completed Certificate of Insurance form not later than 10 days after the expiration on the previously furnished Certificate of Insurance form. Section 18 -6. Board of Appeals Appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the codes adopted in this Chapter shall be to the Board of Appeals as established under the Unified Development Code, Article 3, Boards, Commissions and Committees. Secs. 18 -7 — 18.39 Reserved. ARTICLE II. — INTERNATIONAL BUILDING CODE Section 18 -40. Adopted Final Revisions 9 -30 -2015 V.16 MS 8 The International Building Code, 2012 Edition is hereby adopted with the amendments as provided for in this Article. Section 18 -41. Amendments The International. Building Code, 2012 . Edition is hereby amended as follows: 101.1 Title. These regulations shall be known as the Building Code of the City of Schertz, Texas, hereinafter referred to as "this code." Permits. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one. 2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. Temporary motion picture, television and theater stage sets and scenery. 4. Shade cloth structures constructed for nursery or agricultural purposes, but not including service systems. Swings and other temporary playground equipment accessory to one and two - family dwellings. 6. Window awnings supported by an exterior wall of R -3 - One and Two Family Dwellings as applicable in Section 101.2 and Group U occupancies of the International Building Code 2012 as defined in Chapter 3 - Use and Occupancy Classification. 7. Movable cases, countertops and partition not over (5) five feet (9) nine inches in height. Electrical: Final Revisions 9 -30 -2015 V.16 MS 9 I . Normal maintenance work, such as replacement of lamps, sockets, fuses, drop cords, snap switches, or other similar minor repairs as may be permitted by the building official or designee or assigned inspector; 2. Connection of portable electrical equipment to suitable existing permanently installed receptacles. 3. Replacement of a motor of the same horsepower and rating and installation of pressure devices and similar controls, when the electrical supply for the same has been properly installed by a licensed electrician. 4. The provisions of this chapter shall not apply to electrical equipment used for radio and television transmission, but does apply to equipment and wiring for power supply and the installations of towers and antennas. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: Portable heating appliance; 2. Portable ventilation equipment; 3. Portable cooling unit; 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this chapter; 5. Replacement of any part which does not alter its approval or make it unsafe; 6. Portable evaporative cooler; 7. Self- contained refrigeration system containing ten pounds or less of refrigerant and actuated by motors of one horsepower or less. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drain -pipe, water, soil, waste or vent pipe becomes defective and becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a Final Revisions 9 -30 -2015 V.16 MS 10 permit shall be obtained and inspection made as provided in this chapter. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such involve or require the replacement or rearrangement of valves, pipes or fixtures. 105.3.1 Action on Application. Ref: Texas Local Government Code Section 214.904 Time for Issuance of Municipal Building Permit. 1- This section applies only to a permit required by a municipality to erect or improve a building or other structure in the municipality. 2. Not later than the 45th calendar day after the date an application for a permit is submitted the municipality must; a. grant or deny the permit b. provide written notice to the applicant stating the reasons why the municipality has been unable to grant or deny the permit application: or C. reach a written agreement with the applicant providing for a deadline for granting or denying the permit. 3. For a permit application for which notice is provided under Subsection (2)(b), the municipality may grant or deny the permit not later than the 30th day after the date the notice is received. 4. If a municipality fails to grant or deny a permit application in the time required by Subsection (3) or by an agreement under Subsection (2)(c), the municipality: a. may not collect any permit fees associated with the application; and b. shall refund to the applicant any permit fees associated with the application that have been collected. Public right -of -way, alleys and easements. A permit shall not be given by the building official or designee or assigned inspector for the construction of any building or structure, or alteration of any building or structure that will encroach upon any right -of -way, alley, or utility or drainage easement. 107.3.4 Design professional in responsible charge. Final Revisions 9 -30 -2015 V.16 MS 11 The design professional shall be an architect or engineer legally registered under the laws of the State of Texas regulating the practice of architecture or engineering and shall affix his /her seal to said drawings, specifications and accompanying data, for the following: All group A, E and I occupancies as defined in the IBC, Chapter 3. The City of Schertz Building Inspection Division may send plans to an accredited third party review service at the City of Schertz's discretion to expedite the plan review process. 109.2 Fees Provide a copy of the contract or proposal signed by both the contractor and the person responsible for the property that the construction will occur on when requested by the Building Inspections Division to verify the value of the work for miscellaneous activities such as remodeling, re- roofing, and foundations. 111.1 Use and Occupancy New Certificate of Occupancy for Existing Structures. A certificate of occupancy is required of all commercial or industrial establishments and must be applied for prior to occupancy of the space. A new certificate is required if a business is relocated, ownership is changed, occupancy use and classification is changed or the name of a business is changed. Certificates of Occupancy are not transferable. The building official or designee or assigned inspector along with any other city staff required, shall inspect the building or structure and finding no violations of the provisions of this code or other laws that are enforced by the Departments of Development Services, Engineering, Fire, Parks or Health and all applicable fees are paid, a certificate of occupancy shall be issued. 111.2. Certificate of Occupancy Issued After the building official or designee or assigned inspector inspects a building or structure and finds no violations of the provisions of this chapter or other laws that are enforced by this department, the building official or designee or assigned inspector shall issue a certificate of occupancy that shall contain the following: 1. The building permit number; 2. The address of the structure; The name and address of the owner; 4. A description of that portion of the structure for which the certification is issued based on approved City of Schertz Zoning determination. Final Revisions 9 -30 -2015 V.16 MS 12 5. The name of the building official or designee or assigned inspector; 6. Edition of the code under which the permit was issued; 7. The classification of use and occupancy in accordance with the provisions of Chapter 3 of International Building Code; 8. Type of construction as defined in Chapter 6 of the International Building Code; 9. The design occupant load; 10. If an automatic sprinkler system is required or not; 1.1. Any special stipulations or condition for occupancy. 12. The Zoning District in which the occupancy is located. 113 Board of Appeals The Board of Appeals is hereby repealed in its entirety. 202 Definitions. Applicable governing body as referenced within any code adopted under this chapter shall mean the City Council of the City of Schertz As Built Plans are plans submitted after the building is complete showing any alterations, additions or changes that have occurred after construction has begun. All alterations, additions or changes may require Building Division approval. Service Systems are electrical, fire, mechanical, plumbing or other services not associated with structural elements. 508.4.4 Separation Individual occupancies shall be separated from adjacent occupancies in accordance with Table 508.4 but in no case shall the fire barrier be less than (1) one hour where permitted with or without an automatic sprinkler system. 1801.2.1 Design basis All foundations shall be designed by a Professional Engineer licensed in the State of Texas and all drawings and documentation must be signed and sealed per Texas Board of Professional. Engineers rules. Design Engineers must be registered with the City of Schertz. Documentation . shall include: Final Revisions 9 -30 -2015 V.16 MS 13 I . Design letter referencing soils report project numbers, date of report, and soils engineer name; specific location including lot, block and subdivision; specific design criteria including soil . bearing capacity and design plasticity index or Post - Tensioning Institute parameters. The engineer shall also approve a concrete mix design with performance criteria based on soils and seasonal conditions. 2. Signed and sealed drawings clearly indicating the strand and reinforcement placement, pier size, depth, location, and reinforcing, beam size and location, and any special details. Design calculations must be included. 3. A representative of the design engineer must perform a pre -pour inspection and provide the City of Schertz with a signed and sealed document stating that the foundation has been inspected and approved. This inspection must take place prior to requesting a foundation inspection from the City of Schertz. A representative of the design engineer shall be present during placement of concrete to verify concrete mix design and seasonal conditions during placement, and to verify tensioning and elongation of cables if it is a post- tensioned foundation. 5. A letter from an engineer or surveyor indicating that rough grading of the lot occurred immediately after form removal, or after final tendon stressing if a Post- Tensioned slab, to maintain drainage away from foundation during the construction process shall be provided Final Revisions 9 -30 -2015 V.16 MS 14 6. The engineer must provide to the City of Schertz a Letter of Final Acceptance stating that the foundation has been placed in compliance with the design prior to issuance of a Certificate of Occupancy. 7. Prior to issuance of a Certificate of Occupancy, the engineer shall provide a letter indicating that a strength test was performed on the batch of concrete and the results of the concrete strength test were consistent with the acceptable range specified in the foundation design. Copies of relevant logs or test results from the concrete manufacturer shall also be provided. After foundation construction, but prior to commencement of framing, the owner or applicant shall provide the building official of the City with a sealed certification from an engineer licensed to practice in the State of Texas and registered with the City of Schertz that the concrete has adequately cured to allow for framing of the first floor only to occur. Prior to placing any additional load on the slab the owner or applicant shall provide the building official of the City with a sealed certification from an engineer licensed to practice in the State of Texas that the concrete has adequately cured to allow an additional load to be placed on the slab, including framing above the first floor. In no event shall this be less than 3 days after completion of concrete placement. 9. If the foundation is a post - tensioned foundation, a letter shall be provided to the City that the foundation was designed after the engineer's consideration of (a) the Post- Tensioning Institute's Construction and Maintenance Manual for Post - Tensioned Slab -on- Ground Foundations, 3d Edition; (b) the Post - Tensioning Institute's Design of Post- Tensioned Slabs -on- Ground, 3d Edition with 2008 Supplement; and soil test conducted for the lot. 10. Post - Tensioned foundations must be inspected by a Post - Tensioning Institute (PTI) Slab -on- Ground Installer- Stressor or Level l or 2 Unbonded PT Inspector prior to placing a load on the slab or commencement of framing. Additionally, the Inspector must provide foundation design drawings, shipping lists, material certifications, jack certifications, stressing records, and concrete placement records (as described in the Post - Tensioning Institute's Construction and Maintenance Manual for Post- Tensioned Slab -on- Ground Foundations, 3d Edition) to the City. 1803.1.1 General. Notwithstanding the foregoing, prior to issuance of a building permit, the owner or applicant shall provide to the building official for the City a soil test (geotechnical investigation) for the lot signed, sealed, and made by a geotechnical engineer licensed to practice in the State of Texas. The soil test shall contain design recommendations. The soil test shall be conducted within the area where the building foundation is to be located and the owner shall provide a survey of the lot to the City indicating the location of the soil test. Such soil test report shall be referenced on the building permit application along with a signed and sealed statement from an engineer licensed to practice Final Revisions 9 -30 -2015 V.16 MS 15 in the State of Texas that the foundation(s) on the lot was /were designed in consideration of the Final Revisions 9 -30 -2015 V.16 MS 16 results shown in the soil test report for that lot. The owner(s) of the property shall provide a letter stating that no cut or fill was done subsequent to the soil test being conducted. 1807.1(a) Foundation Walls, Retaining Walls and Embedded Posts and Poles Construction of a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing of the wall to the top of the wall, constructed on public property or to be dedicated to the City as a public improvement, as a part of the overall subdivision civil plans and the Development Permit application process, shall require submission to, and approval by, the City Engineer of the City of detailed retaining wall design plans sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction of such wall. Construction of such retaining wall shall also require submission to, and approval by, the City Engineer of the City of a sealed engineering inspection report verifying the construction of the retaining wall in conformance with the retaining wall design plans in order to close out the Development Permit. Construction of a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing of the wall to the top of the wall, constructed on private property and that will not be dedicated to the City as a public improvement, as a part of the building permit application process, shall require submission to, and approval by, the building official of the City of detailed retaining wall design plans sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction of such wall. Construction of such retaining wall shall also require submission to, and approval by, the building official of the City of a sealed engineering inspection report verifying the construction of the retaining wall in conformance with the retaining wall design plans in order to close out the building permit. On lots with a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing to the top of the wall, in addition to the designated rear and side yard setbacks, a maintenance and access easement for the benefit of the adjacent property owners and the City on either side of the retaining wall, as necessitated by the design of the retaining wall and in accordance with the signed and sealed engineering plans, shall be required for retaining wall maintenance and to prevent any incursion into fill material. The required area of the easement shall vary according to the retaining wall design and adjacent property access and shall, at a minimum, include all of the fill area. Any incursion into a retaining wall fill for maintenance and construction of utilities shall require the submission to, and approval by, the building official of the City of detailed design plans, sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction on such incursion. All other incursions are prohibited." PTT Level 1 or 2 Unbonded PT Inspector is a certified individual meeting the requirements of the IBC 2012, . Section 1704 Special Inspections, Contractor Responsibility and Structural Observations, Table 1705.3 Required Verification and Inspection of Concrete Construction. 1207 Sound Transmission Standards for High Noise Areas Final Revisions 9 -30 -2015 V.16 MS 17 All habitable portions of structures located within the 65 dBA as shown on Exhibit A attached, shall be designed and constructed to achieve either: 1. an outside to inside noise level reduction (NLR) of at least twenty -five (25) a- weighted decibels (dBA), or 2. be built to the standards set forth in subsection 2. below. Options for Compliance. Compliance may be demonstrated using one of the following methods: 1. Use simultaneous noise readings of instantaneous outside and inside noise levels in accordance with ASTM E 966 to ensure the structure achieves an outside to inside NLR of at least twenty -five (25) dBA; or 2. Utilize construction materials with a minimum tested or listed sound transmission class (STC) rating of forty (40), in accordance with ASTM E 90, for walls and ceilings, and with a minimum tested or listed STC rating for doors and windows as specified below, in accordance with the following construction methods: a. Walls. The specific exterior wall assemblies listed below shall include the interior finishes set forth therein. Exception: Exterior wall assemblies or materials that have been tested or listed with a minimum STC rating of forty (40). Brick veneer. When exterior walls are constructed using brick veneer, a minimum of one -half (1/2) inch gypsum drywall shall be applied as the interior finish, or a minimum of three and one -half (3- 1/2) inches of foam insulation shall be sprayed in as allowed by the building and fire code. ii. Vinyl or cement sidings. When exterior walls are constructed using vinyl or cement sidings, a minimum of five- eighths (5/8) inch gypsum drywall shall be applied as the interior finish, or a minimum of three and one -half (3 -1/2) inches of foam insulation shall be sprayed in as allowed by the building and fire code. iii. Other assemblies and materials. All other exterior wall assemblies or materials shall have a tested or listed minimum STC rating of forty (40). b. Roof /Ceiling Assemblies. Roof /ceiling assemblies shall be constructed in accordance with the requirements of subsections (i) or (ii) below. Exception: Roof /ceiling assemblies or materials that have been tested or listed with a minimum STC rating of forty (40). Final Revisions 9 -30 -2015 V.16 MS 18 i. Ceilings with unconditioned attic space shall be insulated with a minimum of one -half (1/2) inch gypsum drywall on the interior ceiling side covered with a minimum of twelve (12) inches of blown in fiberglass insulation, or a minimum of three and one -half (3 -1/2) inches of spray foam insulation shall be applied to the underside of the roof deck as allowed by the building and fire code. ii. Ceilings without attic space above shall be insulated with a minimum of five- eighths (5/8) inch gypsum drywall on the interior side filled with a minimum of nine (9) inches of fiberglass batt insulation with a one (1) inch air space between the roof sheathing and the fiberglass, or a minimum of three and one -half (3 -1/2) inches of spray foam insulation shall be applied to the underside of the roof deck as allowed by the building and fire code. c. Windows. The cavity between the wood framing and the window frame shall be insulated with fiberglass insulation or foam insulation to the depth of the window frame. o 14e i. If the exterior windows and doors together comprise no more than thirty percent (30 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of thirty (30). ii. If the exterior windows and doors together comprise more than thirty percent (30 %) but no more than forty percent (40 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of thirty -two (32). iii.If the exterior windows and doors together comprise more than forty percent (40 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of forty (40). i. If the exterior windows and doors together comprise no more than thirty percent (30 %) of the total exterior wall area, all exterior doors shall have a minimum tested or listed STC rating of thirty (30). ii. If the exterior windows and doors together comprise more than thirty percent (30 %) but no more than forty percent (40 %) of the total exterior wall area, all exterior doors shall have a minimum tested or listed STC rating of thirty -two (32). Final Revisions 9 -30 -2015 V.16 MS 19 iii.If the exterior windows and doors together comprise more than forty percent (40 %) of the total exterior wall area, all exterior doors shall have a minimum tested or listed STC rating of forty (40). Exception: An exterior door may have a tested or listed STC rating of less than forty (40) when installed with a storm door which when combined, achieve a minimum tested or listed STC rating of forty (40). e. Mechanical Systems. Mechanical ventilation systems (HVAC) shall provide minimum air circulation and fresh air requirements for various uses in occupied rooms without the need to open any windows, doors, or other openings to the exterior. i. In- window, through -wall, or through -floor air conditioning, ventilating, or heating units may be used if: 1) the above insulation requirements for walls, ceilings, windows and doors are implemented, or 2) walls, ceilings, windows and doors have a minimum tested or listed STC rating of forty (40). ii. Evaporative coolers may be installed if the following is implemented to reduce sound entering through the unit: 1) Insert a duct extension with at least two (2) ninety degree (90 °) "elbows" between the structure and the unit. 2) Add acoustically designed "up- ducts" in the ceiling of each room to allow proper circulation of air while windows are closed. Certification. 1. Prior to approval of final inspection or issuance of a certificate of occupancy, all project applicants shall submit to the Building Inspection Division, a signed statement certifying compliance with this section from an accredited third party testing agency if sound attenuation is achieved per Section 1.207.1.Options for Compliance or by a letter from the builder if sound attenuation is achieved per Section 1207.2. Options for Compliance. 2. A single certification statement for multiple structures in the same development may be used as long as the structures implement the same floor plans and construction methods. Definition: Accredited is defined as certified through the National Voluntary Laboratory Final Revisions 9 -30 -2015 V.16 MS 20 Accreditation Program (NVLAP) Sees. 18-42 — 18-59. Reserved. Final Revisions 9-30-2015 V.16 MS 21 ARTICLE III. - INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS Section 18 -60. Adopted The International Residential Code for One and Two Family Dwellings Code, 2012 Edition is hereby adopted with the amendments as provided for in this Article. Section 18 -61. Amendments The International Residential Code for One and Two Family Dwellings, 2012 Edition is hereby amended as follows: R101.1 Title. These provisions shall be known as the Residential Code for One -and Two - family Dwellings of the City of Schertz, Texas, and shall be cited as such and will be referred to herein as "this code." Permits. R105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one. 2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. Temporary motion picture, television and theater stage sets and scenery. 4. Shade cloth structures constructed for nursery or agricultural purposes, but not including service systems. Swings and other temporary playground equipment accessory to one and two - family dwellings. 6. Window awnings supported by an exterior wall of R -3 - One and Two Family Dwellings as applicable in Section 101.2 and Group U occupancies of the International Building Code 2012 as defined in Chapter 3 - Use and Occupancy Classification. Final Revisions 9 -30 -2015 V.16 MS 22 7. Movable cases, countertops and partition not over (5) five feet (9) nine inches in height. Electrical: 1. Normal maintenance work, such as replacement of lamps, sockets, fuses, drop cords, snap switches, or other similar minor repairs as may be permitted by the building official or designee or assigned inspector; 2. Connection of portable electrical equipment to suitable existing permanently installed receptacles. 3. Replacement of a motor of the same horsepower and rating and installation of pressure devices and similar controls, when the electrical supply for the same has been properly installed by a licensed electrician. 4. The provisions of this chapter shall not apply to electrical equipment used for radio and television transmission, but does apply to equipment and wiring for power supply and the installations of towers and antennas. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance; 2. Portable ventilation equipment; 3. Portable cooling unit; 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this chapter; 5. Replacement of any part which does not alter its approval or make it unsafe; 6. Portable evaporative cooler; 7. Self- contained refrigeration system containing ten pounds or less of refrigerant and actuated by motors of one horsepower or less. Plumbing: Final Revisions 9 -30 -2015 V.16 MS 23 1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drain -pipe, water, soil, waste or vent pipe becomes defective and becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this chapter. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such involve or require the replacement or rearrangement of valves, pipes or fixtures. 8105.3.1 Action on Application. Ref: Texas Local Government Code Section 21.4.904 Time for Issuance of Municipal Building Permit. Final Revisions 9 -30 -2015 V.16 MS 24 This section applies only to a permit required by a municipality to erect or improve a building or other structure in the municipality. 2. Not later than the 45th day after the date an application for a permit is submitted the municipality must; a. grant or deny the permit b. provide written notice to the applicant stating the reasons why the municipality has been unable to grant or deny the permit application: or C. reach a written agreement with the applicant providing for a deadline for granting or denying the permit. For a permit application for which notice is provided under Subsection (2)(b), the municipality may grant or deny the permit not later than the 30th day after the date the notice is received. 4. If a municipality fails to grant or deny a permit application in the time required by Subsection (3) or by an agreement under Subsection (2)(c), the municipality: a. may not collect any permit fees associated with the application; and b. shall refund to the applicant any permit fees associated with the application that have been collected. Public right -of -way, alleys and easements. A permit shall not be given by the building official or designee or assigned inspector for the construction of any building or structure, or alteration of any building or structure that will encroach upon any right -of. -way, alley, or utility or drainage easement. R106.1 Submittal Documents Design professional. The design professional shall be an architect or engineer legally registered under the laws of the State of Texas regulating the practice of architecture or engineering and shall affix his/her seal to said drawings, specifications and accompanying data, for the following 1. All group A, E and I occupancies as defined in the IBC, Chapter 3. The City of Schertz Building Inspection Division may send plans to an accredited third party review service at the City of Schertz's discretion to expedite the plan review process. Final Revisions 9 -30 -2015 V.16 MS 25 R108.3 Fees Provide a copy of the contract or proposal signed by both the contractor and the person responsible for the property that the construction will occur on when requested by the Building Inspections Division to verify the value of the work for miscellaneous activities such as remodeling, re- roofing, and foundations. R110.3 Certificate of Occupancy Issued. After the building official or designee or assigned inspector inspects a building or structure and finds no violations of the provisions of this chapter or other laws that are enforced by this department, the building official or designee or assigned inspector shall issue a certificate of occupancy that shall contain the following: I . The building permit number; 2. The address of the structure; 3. The name and address of the owner; 4. A description of the building use; 5. The name of the building official or designee or assigned inspector; 6. Edition of the code under which the permit was issued; 7. The classification use of the structure; 8. Type of construction as defined in Chapter 6 of the International Building Code; 9. If an automatic sprinkler system is required or not; 1.0. Any special stipulations or condition for occupancy. 11. The Zoning District in which the occupancy is located. Final Revisions 9 -30 -2015 V.16 MS 26 R111.3 Authority to Disconnect Service Utility Portable Generators for residential home use where used to remove the one or two family dwelling from the public electric utility grid permanently are prohibited. Exception: During emergency situations where authorized by the Authority Having Jurisdiction. R112 Board of Appeals The Board of Appeals is hereby repealed in its entirety. R202 Definitions. Applicable governing body as referenced within any code adopted under this chapter shall mean. the City Council of the City of Schertz As Built Plans are plans submitted after the building is complete showing any alterations, additions or changes that have occurred after construction has begun. All alterations, additions or changes may require Building Division approval. Residential Arbors are defined as trellises and not as a building when less than 200 square feet in size. Arbors shall be built without a solid roof covering; used only to support vegetation; or acting as a shadow box attached or unattached to the primary or secondary structure; or free standing anchored solidly into the soil or to a permanent foundation and capable of withstanding the environmental conditions as established in the International Residential Code. Service Systems are electrical, fire, mechanical, plumbing or other services not associated with structural elements. R106.1.4 Submittal documents. All foundations shall be designed by a Professional Engineer licensed in the State of Texas and all drawings and documentation must be signed and sealed per Texas Board of Professional Engineers rules. Design Engineers must be registered with the City of Schertz. Documentation shall include: I . Design letter referencing soils report project number, date of report, and soils engineer name; specific location including lot, block and subdivision; specific design criteria including soil bearing capacity and plasticity index or Post - Tensioning Institute parameters. The engineer shall also approve a concrete mix design with performance criteria based on soils and seasonal conditions. 2. Signed and sealed drawings clearly indicating the strand and reinforcement placement, pier size, depth, location, and reinforcing, beam size and location, and any special details. Design calculations must be included. Final Revisions 9 -30 -2015 V.16 MS 27 3. A representative of the design engineer must perform a pre -pour inspection and provide the City of Schertz with a signed and sealed document stating that the foundation has been inspected and approved. This inspection must take place prior to requesting a foundation inspection from the City of Schertz. A representative of the design engineer shall be present during placement of concrete to verify concrete mix design and seasonal conditions during placement, and to verify tensioning and elongation of cables if it is a post- tensioned foundation. 4. A letter from an engineer or surveyor indicating that rough grading of the lot occurred immediately after form removal, or after final tendon stressing if a Post- Tensioned slab, to maintain drainage away from foundation during the construction process shall be provided. 5. The engineer must provide to the City of Schertz a Letter of Final Acceptance stating that the foundation has been placed in compliance with the design prior to issuance of a Certificate of Occupancy. 6. Prior to issuance of a Certificate of Occupancy, the engineer shall provide a letter indicating that a strength test was performed on the batch of concrete and the results of the concrete strength test were consistent with the acceptable range specified in the foundation design. Copies of relevant logs or test results from the concrete manufacturer shall also be provided. 7. After foundation construction and prior to commencement of framing, the owner or applicant shall provide the building official of the City with a sealed certification from an engineer licensed to practice in the State of Texas and registered with the City of Schertz that the concrete has adequately cured to allow for framing of the structure. In no event shall this be less than 3 days after the completion of concrete placement. 8. If the foundation is a post- tensioned foundation, a letter shall be provided to the City that the foundation was designed after the engineer's consideration of (a) the Post - Tensioning Institute's Construction and Maintenance Manual for Post - Tensioned Slab -on- Ground Foundations, 3d Edition; (b) the Post - Tensioning Institute's Design of Post- Tensioned Slabs -on- Ground, 3d Edition with 2008 Supplement; and soils report conducted for the lot. 9. Post - Tensioned foundations must be inspected by a Post- Tensioning Institute (PTI) Slab -on- Ground Installer - Stressor or Level 1 or 2 Unbonded PT Inspector prior to placing a load on the slab or commencement of framing. Additionally, the Inspector must provide foundation design drawings, shipping lists, material certifications, jack certifications, stressing records, and concrete placement records (as described in the Post- Tensioning Institute's Construction and Maintenance Manual for Post- Tensioned Slab -on - Ground Foundations, 3d Edition) to the City. 10. Prior to receiving a Certificate of Occupancy, a final survey indicating final grade elevations and verifying positive drainage away from the foundation must be submitted to the City. Final Revisions 9 -30 -2015 V.16 MS 28 R401.4.3 Soil Tests Notwithstanding the foregoing, prior to issuance of a building permit, the owner or applicant shall provide to the building official of the City a soil test (geotechnical investigation) for the residential lot made by a geotechnical engineer licensed to practice in the State of Texas. The soil test shall contain design recommendations. The soil test shall be conducted within the area where the building foundation is to be located and the owner shall provide a survey of the lot to the City indicating the location of the soil test. Such soil test report shall be referenced on the building permit application along with a signed and sealed statement from an engineer licensed to practice in the State of Texas that the foundation on the residential lot was designed in consideration of the results shown in the soil test report for that lot and that no cut or fill was done subsequent to the soil test being conducted. R404.4.1 Retaining Walls Construction of a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing of the wall to the top of the wall, constructed on public property or to be dedicated to the City as a public improvement, as a part of the overall subdivision civil plans and the Development Permit application process, shall require submission to, and approval by, the City Engineer of the City of detailed retaining wall design plans sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction of such wall. Construction of such retaining wall shall also require submission to, and approval by, the City Engineer of the City of a sealed engineering inspection report verifying the construction of the retaining wall in conformance with the retaining wall design plans in order to close out the Development Permit. Construction of a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing of the wall to the top of the wall, constructed on private property and that will not be dedicated to the City as a public improvement, as a part of the building permit application process, shall require submission to, and approval by, the building official of the City of detailed retaining wall design plans sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction of such wall. Construction of such retaining wall shall also require submission to, and approval by, the building official of the City of a sealed engineering inspection report verifying the construction of the retaining wall in conformance with the retaining wall design plans in order to close out the building permit. On residential lots with a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing to the top of the wall, in addition to the designated rear and side yard Final Revisions 9 -30 -2015 V.16 MS 29 setbacks, a maintenance and access easement for the benefit of the adjacent property owners and the City on either side of the retaining wall, as necessitated by the design of the retaining wall and in accordance with the signed and sealed engineering plans, shall be required for retaining wall maintenance and to prevent any incursion into fill material. The required area of the easement shall vary according to the retaining wall design and adjacent property access and structures and shall, at a minimum, include all of the fill area. All incursions are prohibited, including but not limited to the planting of trees, except that a fence may be constructed but shall require the submission to, and approval by, the building official of the City of detailed design plans, sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction on such incursion. Additionally motor vehicles shall not be parked within the easement. R703.7.2 Exterior veneer support, R703.7.2.1 Support by steel angle, 703.7.2.2 Support by roof construction and R703.7.3 Lintels Lintels shall be attached to the wood framing above all openings wider than 2 feet by fasteners as required by the design professional prior to a framing inspection being requested. R807.1 Attic Access Attic access shall be provided by a ceiling pull down ladder capable of supporting (250) two hundred and fifty pounds. If an appliance is located in the attic, an opening large enough to remove the largest single section or the entire unit shall be installed with a walkway provided in accordance with the IRC or lMC. P2503.8.2 Testing. Backflow prevention devices used for residential lawn sprinkler systems shall be tested at the time of installation, immediately after repairs or relocation P2603.3. Breakage and Corrosions Through Foundation Walls. Any pipe that passes under a footing or through a foundation wall shall be provided with a relieving arch, or a pipe sleeve shall be built into the foundation wall. The sleeve shall be two pipe sizes greater than the pipe passing through the wall. Pipes used for p -traps with in a foundation shall not be located within footings or beams. P2603.5 Freezing. All building sewers shall be a minimum of 12 inches below finished grade. P2609 Installation of Materials Cellular core pipe shall be prohibited for all underground uses in all materials. The following Appendixes are adopted: Final Revisions 9 -30 -2015 V.16 MS 30 Appendix A — Sizing and Capacities of Gas Piping Appendix B — Sizing of Venting Systems Serving appliances equipped with Draft hood, Category 1 Appliances, and Appliances listed for use with Type B Vents Appendix C — Exit Terminals of Mechanical draft and Direct -Vent Venting Systems Appendix E — Manufactured Homes used as Dwellings Appendix G- Swimming Pools, Spas and Hot Tubs Appendix H — Patio Covers Appendix J — Existing Buildings and Structures Appendix K Sound Transmission AK 101 Sound Transmission Standards for High Noise Areas All habitable portions of structures located within the 65 dBA as shown on Exhibit A attached shall be designed and constructed to achieve either: 1. an outside to inside noise level reduction (NLR) of at least twenty -five (25) a- weighted decibels (dBA), or 2. be built to the standards set forth in subsection 2. below. Options for Compliance. Compliance may be demonstrated using one of the following methods: 1. Use simultaneous noise readings of instantaneous outside and inside noise levels in accordance with ASTM E 966 to ensure the structure achieves an outside to inside NLR of at least twenty -five (25) dBA; or 2. Utilize construction materials with a minimum tested or listed sound transmission class (STC) rating of forty (40), in accordance with ASTM E 90, for walls and ceilings, and with a minimum tested or listed STC rating for doors and windows as specified below, in accordance with the following construction methods: a. Walls. The specific exterior wall assemblies listed below shall include the interior finishes set forth therein. Exception: Exterior wall assemblies or materials that have been tested or listed with a minimum STC rating of forty (40). Brick veneer. When exterior walls are constructed using brick veneer, a minimum of one -half (1/2) inch gypsum drywall shall be applied as the interior finish, or a minimum of three and one -half (3- 1/2) inches of Final Revisions 9 -30 -2015 V.16 MS 31 foam insulation shall be sprayed in as allowed by the building and fire code. ii. Vinyl or cement sidings. When exterior walls are constructed using vinyl or cement sidings, a minimum of five- eighths (5/8) inch gypsum drywall shall be applied as the interior finish, or a minimum of three and one -half (3 -1/2) inches of foam insulation shall be sprayed in as allowed by the building and fire code. iii. Other assemblies and materials. All other exterior wall assemblies or materials shall have a tested or listed minimum STC rating of forty (40). b. Roof /Ceiling Assemblies. Roof /ceiling assemblies shall be constructed in accordance with the requirements of subsections (i) or (ii) below. Exception: Roof/ceiling assemblies or materials that have been tested or listed with a minimum STC rating of forty (40). i. Ceilings with unconditioned attic space shall be insulated with a minimum of one -half (1/2) inch gypsum drywall on the interior ceiling side covered with a minimum of twelve (12) inches of blown in fiberglass insulation, or a minimum of three and one -half (3 -1/2) inches of spray foam insulation shall be applied to the underside of the roof deck as allowed by the building and fire code. ii. Ceilings without attic space above shall be insulated with a minimum of five- eighths (5/8) inch gypsum drywall on the interior side filled with a minimum of nine (9) inches of fiberglass batt insulation with a one (1) inch air space between the roof sheathing and the fiberglass, or a minimum of three and one -half (3-1/2) inches of spray foam insulation shall be applied to the underside of the roof deck as allowed by the building and fire code. c. Windows. The cavity between the wood framing and the window frame shall be insulated with fiberglass insulation or foam insulation to the depth of the window frame. i. If the exterior windows and doors together comprise no more than thirty percent (30 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of thirty (30). ii. If the exterior windows and doors together comprise more than thirty percent (30 %) but no more than forty percent (40 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of thirty- Final Revisions 9 -30 -2015 V.16 MS 32 d. Doors. two (32). iii. If the exterior windows and doors together comprise more than forty percent (40 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of forty (40). i. If the exterior windows and doors together comprise no more than thirty percent (30 %) of the total exterior wall area, all exterior doors shall have a minimum tested or listed STC rating of thirty (30). ii. If the exterior windows and doors together comprise more than thirty percent (30 %) but no more than forty percent (40 %) of the total exterior wall area, all exterior doors shall have a minimum tested or listed STC rating of thirty -two (32). iii. If the exterior windows and doors together comprise more than forty percent (40 %) of the total exterior wall area, all exterior doors shall have a minimum tested or listed STC rating of forty (40). Exception: An exterior door may have a tested or listed STC rating of less than forty (40) when installed with a storm door which when combined, achieve a minimum tested or listed STC rating of forty (40). e. Mechanical Systems. Mechanical ventilation systems (HVAC) shall provide minimum air circulation and fresh air requirements for various uses in occupied rooms without the need to open any windows, doors, or other openings to the exterior. In- window, through -wall, or through -floor air conditioning, ventilating, or heating units may be used if: 1) the above insulation requirements for walls, ceilings, windows and doors are implemented, or 2) Walls, ceilings, windows and doors have a minimum tested or listed STC rating of forty (40). ii. Evaporative coolers may be installed if the following is implemented to reduce sound entering through the unit: 1) Insert a duct extension with at least two (2) ninety degree (90 °) "elbows" between the structure and the unit. Final Revisions 9 -30 -2015 V.16 MS 33 2) Add acoustically designed "up- ducts" in the ceiling of each room to allow proper circulation of air while windows are closed. Certification. 1. Prior to approval of final inspection or issuance of a certificate of occupancy, all project applicants shall submit to the Building Inspection Division, a signed statement certifying compliance with this section from an accredited third party testing agency if sound attenuation is achieved by Options for Compliance method 1.; or by a letter from the builder if sound attenuation is achieved by Options for Compliance method 2. . 2. A single certification statement for multiple structures in the same development maybe used as long as the structures implement the same floor plans and construction methods. Accredited is defined as certified through the National Voluntary Laboratory Accreditation Program (NVLAP) Part VIII - Electrical The International Residential Code for One and Two Family Dwellings, 2012 Edition, Chapters 34 - 43, Electrical is repealed in its entirety and is replaced by reference with the National Electric Code (NEC) 2014 as published by the National Fire Protection Association (NFPA) which is specifically adopted as if fully set forth herein. The following Appendix is adopted: Appendix P — Sizing of Water Piping System Secs 18-62 —18.79 Reserved. ARTICLE IV - NATIONAL ELECTRICAL CODE Section 18 -80. Adopted The National Electrical Code, 2014 edition to include, revisions, amendments and corrections, published by the National Fire Protection Association (NFPA), is hereby adopted by reference as the electrical code of the City of Schertz, Texas, subject to and including such amendments as herein shall appear. The State of Texas will mandate all future code editions through the Texas Department of Licensing and Regulation (TDLR) as to the date of future adoptions. Note - this code in no way alters or repeals any additional requirements established by any other utility companies and /or cooperative for its members and /or consumers. Section 18 -81. Amendments Final Revisions 9 -30 -2015 V.16 MS 34 The National Electrical Code, 2014 Edition is hereby amended as follows: 210.11 Branch Circuits Required No more than (12) twelve duplex receptacle outlets shall be installed per circuit serving general lighting circuits. 210.11 Branch Circuits Required (C) (3) Bathroom Branch Circuits If more than one bathroom group is to be installed, the required receptacle 1.5/20 volt - ampere 1.25 volt devices are to be GFCI protected. Exhaust fans and lighting shall be in compliance with 210.1.2 Arc -fault Circuit - Interrupter Protection for Personnel and be located on a different circuit. 210.19 Minimum Ampacity and Size No branch circuit shall have wire smaller than 14 AWG. Maximum total length of the 14 AWG run is limited to (120) one hundred and twenty feet or a 5% voltage drop as allowed by Article lI Branch- Circuit Ratings 210.1.9 Conductors — Minimum Ampacity and Size. Informational Note No. 4. This does not prohibit smaller wire for circuits 90 volts and lower for control circuits. 210.52 Dwelling Unit Receptacle Outlets (B)(3) Kitchen Receptacle Requirements No more than (4) four duplex receptacle outlets per kitchen countertop circuit. Refrigerators, freezers, microwaves, dishwashers, garbage compactors, and washing machines shall be located on dedicated individual circuits. Such receptacle outlets shall comply with 21.0.8 Ground -Fault Circuit- Interrupter Protection for Personnel and 210.1.2 Arc -Fault Circuit - Interrupter Protection as needed. Garbage Disposals shall be permitted to be on the same circuit for a kitchen counter top circuit. 210.52 Dwelling Unit Receptacle Outlets (D) Bathrooms No outlet, light or fan switch, or receptacle outlet shall be closer than 5 feet to a shower or bathtub from the inside edge of the fixture. Single family dwellings must be individually metered. 230.71 Maximum Number of Disconnects An exterior disconnecting means shall be provided at each building serviced where more than two circuits supply the structure. A shunt trip device designed to de- energize the service disconnect equipment at all load side connections, is acceptable on the exterior of the structure at a location approved by the City of Schertz as an alternative means of disconnection. Secs. 18 -82 — 1.8 -99 Reserved. Final Revisions 9 -30 -2015 V.16 MS 35 ARTICLE V - INTERNATIONAL FUEL GAS CODE Section 18 -100. Adopted The International Fuel Gas Code, 2012 Edition is hereby adopted with the amendments as provided for in this Article. Section 18 -101. Amendments The International Fuel Gas Code, 2012 Edition is hereby amended as follows: 101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Schertz, Texas, hereinafter referred to as "this code." 109 Means of Appeal Means of Appeal is hereby repealed in its entirety. The following appendixes are adopted: Appendix A (IFGS) — Sizing and Capacities of Gas Piping A.1 shall be altered as follows: for any gas piping system, or special appliance, or for conditions other than those covered by the tables provided in the code, such as longer runs, greater gas demands, or greater pressure drops, the size of each gas piping system shall be determined by standard engineering practices acceptable to the code official. Appendix B (IFGS) Sizing of Venting Systems Servicing Appliances Equipped With Draft Hoods, Category 1 Appliance and Appliances Listed for Use With Type B Vents Appendix C (IFGS) Exit Terminals of Mechanical Draft and Direct -vent Venting Systems. Secs. 18 -1.02 —1.8 -119 Reserved. ARTICLE VI - INTERNATIONAL MECHANICAL CODE Section 18 -120. Adopted The International Mechanical Code, 2012 Edition is hereby adopted with the amendments as provided for in this Article. Section 18 -121. Amendments The International Mechanical Code, 2012 Edition is hereby amended as follows: 101.1 Title. These regulations shall be known as the Mechanical Code of the City of Schertz, Final Revisions 9 -30 -2015 V.16 MS 36 Texas, hereinafter referred to as "this code." 109 Means of Appeal Means of is hereby repealed in its entirety. Secs 1.8 -1.22 — 1.8 -139 Reserved. Section 18 -140. Adopted The International Plumbing Code, 2012 Edition is hereby adopted with the amendments as provided for in this Article. Section 18 -141. Amendments The International. Plumbing Code, 2012 . Edition is hereby amended as follows: 101.1 Title. These regulations shall be known as the International Plumbing Code of the city of Schertz, Texas hereinafter referred to as "this code." 109 Means of Appeal Means of Appeal is hereby repealed in its entirety. 305.3 Pipes Through Foundation Walls Any pipe that passes under a footing or through a foundation wall shall be provided with a relieving arch, or a pipe sleeve shall be built into the foundation wall. The sleeve shall be two pipe sizes greater than the pipe passing through the wall. Pipes used for p -traps with in a foundation shall not be located within footings or beams. 305.4.1 Sewer Depth All building sewers shall be a minimum of 12 inches below finished grade. 311.1 Toilet Facilities for Workers Portable toilets shall be provided for construction sites so that the path of travel to such facilities shall not exceed 500 feet. Exception: A single portable toilet may be used for small individual . construction jobs when approved by the building official. 312.10.2 Testing - Exception: Backflow prevention devices used for residential lawn sprinkler systems shall be tested at the time of installation, immediately after repairs or relocation Table 702.3 Building Sewer Pipe Final Revisions 9 -30 -2015 V.16 MS 37 Cellular core pipe shall be prohibited for all underground uses in all materials. . The following Appendixes are adopted: Appendix B — Rates of Rainfall for Various Cities Appendix C — Vacuum Drainage System Appendix D — Degree Day and Design Temperatures Appendix E — Sizing of Water Piping System Appendix F — Structural Safety Secs. 1.8 -142 — 18 -1.59 Reserved. Section 18 -160. Adopted The International Property Maintenance Code, 2012 Edition is hereby adopted with the amendments as provided for in this Article. Section 18 -161. Amendments The International Property Maintenance Code, 2012 Edition is hereby amended as follows: 101.1 Title. These regulations shall be known as the International Property Maintenance Code of the City of Schertz, Texas, hereinafter referred to as "this code." 112 Means of Appeal Means of Appeal is hereby repealed in its entirety. 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or grass growth in excess of eight inches. 302.7 Accessory Structures All Accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. No accessory structure shall be more than twenty (20) degrees out of vertical (using an (8) eight foot level) along any 20 feet of wall surface to obtain an accurate determination of the degrees from vertical. Final Revisions 9 -30 -2015 V.16 MS 38 Fences and walls twenty (20) degrees or more in each directional run (vertical or horizontal) shall not have more than twenty -five (25) percent of any directional run (vertical or horizontal) to be of decayed or damaged material. The following Appendix is adopted: Appendix A — Boarding Standard Secs. 18 -1.62 —1.8 -179 Reserved. ARTICLE IX. - INTERNATIONAL ENERGY CONSERVATION CODE Section 18 -180. Adopted. The International Energy Conservation Code, 2009 Edition is hereby adopted with the amendments as provided for in this Article. The State of Texas will mandate all future code editions through the Texas Comptroller's State Energy Conservation Office (SECO) as to the date of future adoptions. Section 18 -181. Amendments The International Energy Conservation Code, 2009 Edition is hereby amended as follows: C101.1 Title. This code shall be known as the International Energy Conservation Code of the City of Schertz, Texas, and shall be cited as such. It is referred to herein as "this code." C109 Board of Appeals The Board of Appeals is hereby repealed in its entirety. Secs. 18 -182 —18 -199 Reserved. ARTICLE X. - MANUAL OF CROSS- CONNECTION CONTROL Section 18 -200. Adopted. The Manual of Cross - Connection Control by the University of Southern California, Tenth edition published October 2009, by the Foundation for Cross - Connection Control and Hydraulic Research, University of Southern California, is hereby adopted and incorporated as the Backflow and Cross - Connection Code of the City of Schertz, Texas, subject to and including by reference as herein shall appear. Section 18 -201. Amendments Final Revisions 9 -30 -2015 V.16 MS 39 The Manual of Cross - Connection Control, Tenth Edition, October 2009 is hereby amended as follows: Irrigation Back Flow Device Location The residential irrigation RP or PVB shall be located immediately adjacent to the residential structure and shall be located a minimum of twelve (1.2) inches above the highest lawn sprinkler head. A Ground Fault Circuit Interrupter receptacle that is weather proof while in operation is recommended to be located immediately adjacent to the back flow device for the installation of a heat tape to prevent freezing. A rain sensor(s) shall be installed on all systems. The Commercial irrigation RP and PVB or other approved back flow devices shall be protected from traffic if not located immediately adjacent to the structure and shall be located a minimum of twelve (12) inches above the highest lawn sprinkler head. A Ground Fault Circuit Interrupter receptacle that is weather proof while in operation is recommended to be located immediately adjacent to the back flow device for the installation of a heat tape to prevent freezing. Freeze protection shall be considered in all designs. A rain sensor(s) shall be installed on all systems. Any RP or PVB located in a flood plain shall be 1 foot above the Design Flood Elevation (DFE) or designed in such a way that will prevent floodwaters from entering or accumulating within system components and to additionally ensure that floodwater does not contaminate the potable water supply system. (Ref: FEMA 348 November 1999) Adopting the backflow and cross - connection requirements in no way shall appeal or set aside any of the requirements of the International Plumbing Code. Secs. 18 -202 — 1.8 -219 Reserved. ARTICLE XI. - INTERNATIONAL SWIMMING POOL AND SPA CODE Section 18 -220. Adopted The International Swimming Pool and Spa Code, 2012 Edition is hereby adopted with the amendments as provided for in this Article. Section 18 -221. Amendments The International Swimming Pool and Spa Code, 2012 Edition is hereby amended as follows: 101.1 Title. These regulations shall be known as the International Swimming Pool and Spa Code of the City of Schertz, Texas, hereinafter referred to as "this code." 108 Means of Appeal Final Revisions 9 -30 -2015 V.16 MS 40 Means of Appeal is hereby repealed in its entirety. The following Appendixes are adopted: Appendix B: Field Checklist for • the pool Appendix • shall be provided to the Inspector 111t1111%11�i . • Secs. 18 -222 — 1.8 -239 Reserved. ! t 1 1 Section 18 -240. Adopted The International Existing Building Code, 2012 . Edition is hereby adopted with the amendments as provided for in this Article. Section 18 -241. Amendments The International Existing Building Code, 2012 Edition is hereby amended as follows: 101.1 Title. These regulations shall be known as the International Existing Building Code of the City of Schertz, Texas, hereinafter referred to as "this code." ARTICLE XIII. - VIOLATIONS AND PENALTIES. Any person, firm, corporation or agent who shall violate a provision of this chapter, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish, or move any structure, electrical, gas, mechanical or plumbing system in violation of the detailed statement or drawings submitted and permitted thereunder, shall be guilty of a misdemeanor. Such persons shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed or continued, and upon conviction of any such violation such person shall be punished Final Revisions 9 -30 -2015 V.16 MS 41 by a fine of not more than five hundred dollars ($500.00) for each offense unless said violation is a violation of a regulation governing fire safety or public health and sanitation then by a fine of not more than $2,000.00 for each offense. All such violations shall be prosecuted in accordance with Section 1 -8 General penalty for violations of Code; continuing violations of the Schertz Municipal Code of Ordinances. 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. That all rights and privileges of the City are expressly saved as to any and all violations of the provision of any ordinances repealed by this ordinance which have accrued at the time of the effective date of this Ordinances; and, as to such accrued violation and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 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. Builders may choose to continue with the use of the previous 2006 International Building Codes through December 31, 2015. PASSED ON FIRST READING, the day of 12015. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of 2015. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter Final Revisions 9 -30 -2015 V.16 MS 42 ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Final Revisions 9-30-2015 V.16 MS 43 EXHIBIT A Evaluation of Zoning within Airfield Noise Contours JBSA Randolph Final Revisions 9-30-2015 V.16 MS 44 Final Revisions 9-3O-2O1S\(16M3 45 ORDINANCE NO. 15 -C -20 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS BY REPEALING EXISTING INTERNATIONAL CODES AND ADOPTING NEW INTERNATIONAL CODES; PROVIDING FOR A PENALTY WHEREAS, the Texas Local Governmental Code empowers the cities to enact building codes and regulations and provide for their administration, enforcement, and amendment; and WHEREAS, the regulation of building and building construction by the City of "City ") is necessary to protect the public health and welfare; and WHEREAS, the City Council of the City desires to protect the safety and welfare of the citizens of the City through regulation of construction activities in the City; and WHEREAS, the City has previously adopted multiple international codes; and WHEREAS, more recent international codes have been adopted by the International Code Committee; and WHEREAS, City Staff has undertaken a review of the newly adopted international codes as compared to the City's existing codes; and WHEREAS, City Staff recommends adopting the international codes provided for herein along with certain amendments; and WHEREAS, City Staff present amendments to the City Planning July 2 , and WHEREAS, the P&Z vc Final Revisions 9 -30 -2015 V.16 MS codes provided for herein along with their sion (the "P &Z ") on approval of the provisions regulating construction activities set forth herein at the P &Z meeting on July 22.2015 'ate; and WHEREAS, the City Council has determined that the regulation of construction activities in the City, as set forth herein, is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Repealer. Chapter 1.8, `Buildings and Building Regulations" of the Code of Ordinances, City of Sehertz, Texas, Articles I — X are hereby repealed. Section 2. Amendments. Chapter 18, `Buildings and Building Regulations" of the Code of Ordinances, City of Schertz, Texas, is hereby amended to read as follows: ARTICLE I. — IN GENERAL Section 18 -1. Scheduling Inspections (a) Posting permit and plans. Work requiring a or his agent posts the Inspection card and plans ii Inspection card and plans shall be protected frorr permit the building official or designee or assign entries thereon. The permit holder shall maintain until the certificate of occupancy or completion c designee or assigned inspector. (b) Inspection Requi excluding Saturdays,; called in by 4:00 p.m. inspection site, comae the )ermit shall not commence until the permit holder a conspicuous place on the premises. The the weather and located in such a position as to d inspector to conveniently make the required he Inspection card and plans in such position :rti�cate is issued by the building official or required before an inspection is desired, ure a 24 -hour service, all inspections must be shall include the permit number, address of the the requester, and type of inspections being requested. Any performed on the requested day shall be given priority on If a re- inspection has been called for and the second inspection revealed that the original turn down items have not been corrected in part or in whole, a 72 -hour hold on the failed segment may be given before another re- inspection will be made. Each subsequent fail on the same re- inspection may be rescheduled no sooner than 72 —hours which will not include weekends or holiday time periods. Section 18 -2. Building Contractors Registration. It shall be the duty of every contractor who shall make contracts for the construction, erection, alteration, repair, moving, demolition, installation or replacements of any building, structure, swimming pool, or sign, whether permanent or temporary, obtain all the necessary permits. Such Final Revisions 9 -30 -2015 V.16 MS contractor shall be registered by the City of Schertz. Insurance required. It shall be the duty of all contractors who practice their craft within the City of Schertz, Texas to show proof of general commercial liability insurance for claims for property damage, or bodily injury regardless of whether the claim arises from a negligence claim or on a contract claim. Coverage amount of liability insurance shall not be less than $300,000.00. The insurance shall run for a concurrent term with the registration. Application. A written application for a contractor's registration will be submitted to the building official or designee or assigned inspector on a form prescribed by the city along with the required initial fee and evidence of qualifications as follows: The building official or designee or the completed application, will issu reasons for refusal. s from the receipt of refusal setting out the year. Failure to renew within 30 reapply for registration at the initial I under this section may be revoked by the building rector for failure to remedy unsatisfactory work, )btain permits, or failure to obtain proper inspections in provided by this ordinance. stration has been denied or revoked, may appeal to the in writing along with an established filing fee. install, repair or remove electrical wiring or devices unless he is licensed as an Electrical Contractor issued by the State of Texas who employs any of the listed tradesmen as established by the Texas Department of Licensing and Regulation (TDLR). A licensed master, sign master, journeyman, sign journeyman, residential wireman, or journeyman lineman must directly supervise work done by an apprentice or sign apprentice. Directly supervise is defined as follows: Final Revisions 9 -30 -2015 V.16 MS 1. Where a single family or duplex residential structure is under construction. The supervisor shall be on the property while any electrical work as defined by TDLR Rules and Law is underway. 2. Where a commercial or industrial project is under construction. The supervisor shall be not less than one supervisor per 50,000 square feet or each story above the first floor or sub -floor over 50,000 square feet and shall be on the property while any electrical work as defined by TDLR Rules and Law is underway. A master, sign master, journeyman, sign journeyman, residential wireman, or journeyman lineman electrician may supervise not more than eight apprentice electricians for commercial construction and not more than four apprentice electricians for residential construction. Exception: 1. A registration is not required of a homeowner who is doing electrical work on his own home. The homeowner may receive help from others to do such work, provided that the principal occupation of the person giving help is not that of an electrical contractor or electrician. 2. A registration is not required of a employee to perform normal maintenance excluding alterations and additions of electrical systems in commercial establishments, provided that the person does not work as an electrician or electrical contractor for the general public. Renewal. All renewals shall be due January 1, of each year. Failure to renew within (180) one hundred and eighty days after the renewal date will require the applicant to reapply for registration at the initial fee rate. lion. Any Registration issued under this section may be revoked by the building or designee or assigned inspector for failure to remedy non -code compliant work, a of the electrical code, failure to obtain a permit or failure to obtain proper ons in addition to any additional penalties provided by this ordinance. A complaint so be filed with the TDLR by the building official or designee or assigned Insurance required. It shall be the duty of all electrical contractors who practice their craft within the City of Schertz, Texas to show proof of general liability insurance for claims for property damage, or bodily injury regardless of whether the claim arises from a negligence claim or on a contract claim. Coverage amount of liability insurance shall not be less than the amount mandated by the Texas Department of Licensing and Regulation Administrative Code Chapter 73.40 Insurance Requirements. Final Revisions 9 -30 -2015 V.16 MS I . Electrical contractors, electrical sign contractors, and residential appliance installation contractors are required to maintain at least the minimum general liability insurance coverage at all times to satisfy proof of financial responsibility. a. the insurance must be at least $300,000 per occurrence (combined for property damage and bodily injury); b. be at least $600,000 aggregate (total amount the policy will pay for property damage and bodily injury coverage); and c. be at least $300,000 aggregate for products and completed operations. 2. A license applicant or licensee shall file with TDLR a completed certificate of insurance or other evidence satisfactory to the department when applying for initial and renewal licenses and upon request of the department. 3. Proof of the required general liability and workers' compensation insurance can be submitted on an industry standard certificate of insurance form with a 30 -day cancellation notice. Workers' compensation coverage may be established by a certificate of authority to self - insure, or an applicant may state that it has elected not to obtain workers' compensation coverage, 4. A licensed contractor shall furnish the name of the insurance carrier, policy number, name, address, and telephone number of the insurance agent with whom the contractor is insured to any customer who requests it. 5. Insurance must be obtained from an admitted company or an eligible surplus lines carrier, as defined in the Texas Insurance Code, Chapter 981, or other insurance companies that are rated by A.M. Best Company as B+ or higher. Section It shall be the duty of all mechanical contractors who practice their craft within the City of Schertz, Texas to show proof of state license and insurance as required by the Department of Licensing and Regulation (TDLR), as referenced in State Law, Article 8861, IDLE- ACR- 75.11/v.1/93. Insurance required. It shall be the duty of all Mechanical contractors who practice their craft within the City of Schertz, Texas to show proof of general liability insurance for claims for property damage, or bodily injury regardless of whether the claim arises from a negligence claim or on a contract claim. Coverage amount of liability insurance shall not be less than the amount mandated by the TDLR Administrative Code Chapter 75.40 Contractor Insurance Requirements. Class A licensees must maintain commercial general liability insurance at all times Final Revisions 9 -30 -2015 V.16 MS 5 during a license period: a. of at least $300,000 per occurrence (combined for property damage and bodily injury); b. of at least $600,000 aggregate (total amount the policy will pay for property damage and bodily injury coverage); and C. of at least $300,000 aggregate for products and completed operations. 2. Class B licensees must maintain commercial liability insurance at all tunes during a license period: a. of at least $1.00,000 per occurrence (combined for property damage and bodily injury); b. of at least $200,000 aggregate (total amount the policy will pay for property damage and bodily injury coverage); and C. of at least $100,000 aggregate for products and completed operations. 3. Insurance must be obtained from an insurance provider authorized to sell liability insurance in Texas pursuant to the Texas Insurance Code. 4. A license applicant or licensee must file with TDLR a completed certificate of insurance or other evidence satisfactory to TDLR when applying for an initial license, changing a business name or affiliation, and upon request of TDLR. 5. Requests to waive the insurance requirements because the license holder does not contract with the nublic must: a. be submitted in writing to TDLR; and b. contain a detailed explanation of the conditions under which the waiver is requested. A licensee who has received a waiver of insurance cannot perform or offer to perform air conditioning and refrigeration contracting under his license with the general public. 7. A licensee or an air conditioning and refrigeration contracting company must furnish the name of the insurance carrier, policy number, name, address, and telephone number of the insurance agent with whom the licensee or company is insured to any customer who requests it. Final Revisions 9 -30 -2015 V.16 MS 6 State law reference— State license requirements for air conditioning and refrigeration contracting, Tex. Occupations Code, § 1302.251 et seq.; municipal licensing and regulation of air conditioning and refrigeration contracting, Tex. Occupations Code, §§ 1302.301- 1302.303. Section 18 -5. Plumbing Registration. It shall be the duty of all plumbing contractors who practice their craft within the City of Schertz, Texas to show proof of state license and insurance as required by the Texas State Board of Plumbing Examiners in accordance with, Vernon's Civil Statues, ;Article 6243 -101. Plumbing Supervision: A master, journey man, residential utilities installer, drain cleaner or tradesman plumber may directly supervise not more than eight apprentice plumbers for commercial construction and not more than four apprentice plumbers for residential Directly supervise is defined as follows: 1. Where a single family or duplex residential structure is under construction. The supervisor shall be on the property while any plumbing work as defined by Texas State Board of Plumbing Examiners Rules and Law is underway. 2. Where a commercial or industrial project is under construction. The supervisor shall be not less than one supervisor per 50,000 square feet or each story above the first floor or sub -floor over 50,000 square feet and shall be on the property while any plumbing work as defined by TSBPE Insurance required. It shall be the duty of all Plumbing contractors who practice their craft within the City of Schertz, Texas to show proof of general liability insurance for claims for property damage, or bodily injury regardless of whether the claim arises from a negligence claim or on 'a contract claim. Coverage amount of liability insurance shall not be less than the amount mandated by the Texas Board of Plumbing Examiners Board Rules, Section 367.3 Requirements for Plumbing Companies, Responsible Master Plumbers (RMP) ; Certificate of Insurance. 1. The Certificate of Insurance must: a. Be written by a company licensed to do business in this state; b. Provide for commercial general liability insurance for the RMP for claims Final Revisions 9 -30 -2015 V.16 MS 7 for property damage or bodily injury, regardless of whether the claim arises from a negligence claim or on a contract claim an d shall include all types of plumbing that will be performed under the RMP's license, including, but not limited to: i. Liquefied petroleum gas (LPG) plumbing; ii. Medical gas plumbing; and iii. Multipurpose residential fire protection sprinkler systems; and c. Be in a coverage amount of not less than $300,000.00 for all claims arising in any one -year period; d. State the name and license number of the Master Plumber for whom the coverage is provided; e. State the name of the plumbing company for which the Master Plumber is acting as the RMP. i. Insurance coverage specified in part (a) of this subsection, shall be maintained at all times during which a Master Plumber acts as a RMP. ii. The Certificate of Insurance form expires on the date that the insurance coverage, specified in section (a) of this subsection, iii. The RMP shall furnish the TSBPE with a completed Certificate of Insurance form not later than 10 days after the expiration on the previously furnished Certificate of Insurance form. Appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the codes adopted in this Chapter shall be to the Board of Appeals as established under the Unified Development Code, Article 3, Boards, Commissions and Committees. Secs. 18 -7 —18.39 Reserved. ARTICLE II. — INTERNATIONAL BUILDING CODE Section 18 -40. Adopted Final Revisions 9 -30 -2015 V.16 MS 8 The International Building Code, 2012 Edition is hereby adopted with the amendments as provided for in this Article. Section 18 -41. Amendments The International Building Code, 2012 Edition is hereby amended as follows: 101.1 Title. These regulations shall be known as the Building Code of the City hereinafter referred to as "this code." _ Permits. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deer any work to be done in any manner in violation of the provisions of ordinances of this jurisdiction. Permits shall not be required for the Building: 1. Water tanks supported directly upon grade if 5,000 gallons and the ratio of height to diam€ two to one. 2. Painting, papering, tiling, finish work. t 4. Shade c s Texas, ion for laws or capacity does not exceed or width does not exceed counter tops and similar ision and theater stage sets and scenery. for nursery or agricultural purposes, but 5. Swings and other temporary playground equipment accessory to one and two- family dwellings. 6. Window awnings supported by an exterior wall of R -3 - One and Two Family Dwellings as applicable in Section 101.2 and Group U occupancies of the International Building Code 2012 as defined in Chapter 3 - Use and Occupancy Classification. 7. Movable cases, countertops and partition not over (5) five feet (9) nine inches in height. 8, Res;den6al one story detached accessory s does net exceed 1 rl are feet. Final Revisions 9 -30 -2015 V.16 MS 9 �Y3"G1"A"C'4JS. 12L'A�'YCd"G'6iLYCtG'4an A'.RSY' Electrical: 1. Normal maintenance work, such as replacement of lamps, sockets, fuses, drop cords, snap switches, or other similar minor repairs as may be permitted by:the building official or designee or assigned inspector; equipment to suitable existing I Replacement of a motor of the same horsepower and rating and installation of pressure devices and similar controls, when the electrical supply for the same has been properly installed by a licensed electrician. 4. The previsions of this chapter shall not apply to electrical equipment used for radio and television transmission, but does apply to equipment and wiring for power supply and the installations of towers and antennas. Gas:: Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Final Revisions 9 -30 -2015 V.16 MS 10 Mechanical: 1. Portable heating appliance; 2. Portable ventilation equipment; 3. Portable cooling unit; 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this chapter; 5. Replacement of any part which does not alter its approval or make it unsafe; 6. Portable evaporative cooler; 7. Self-contained refrigeration system containing ten pounds or less of refrigerant and actuated by motors of one horsepower or less. Plumbing: I The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drain-pipe, water, soil, waste or vent pipe becomes defective and becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a pen-nit shall be obtained and inspection made as provided in this chapter. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such involve or require the replacement or rearrangement of valves, pipes or 105.3.1 ection 214.904 Time for Issuance of Municipal Building ion applies only to a permit required by a municipality to erect or a building or other structure in the municipality. than the 45th calendar day after the date an application for a permit is submitted the municipality must; a. grant or deny the permit b. provide written notice to the applicant stating the reasons why the Final Revisions 9-30-2015 V.16 MS 11 municipality has been unable to grant or deny the permit application: or C. reach a written agreement with the applicant providing for a deadline for granting or denying the permit. 3. For a permit application for which notice is provided under Subsection (2)(b), the municipality may grant or deny the permit not later than the 30th day after the date the notice is received. 4. If a municipality fails to grant or deny a permit application in the time required by Subsection (3) or by an agreement under Subsection (2)(c), the municipality: a. may not collect any permit fees associated with the application; and b. shall refund to the applicant any permit fees associated with the application that have been collected. Public right -of -way, alleys And easements. A permit shall not be given by the building official or designee or assigned inspector for the construction of any building or structure, or alteration of my building or structure that will encroach upon any right -of -way, alley, or utility or drainage easement. 107.3.4 Design professional The design profession laws of the State of Te affix his /her seal to sal 1. All group A, E in responsible an architect or engineer legally registered under the ting the practice of architecture or engineering and shall s, specifications and accompanying data, for the following: defined in the IBC, Chapter 3 The City ofsSchertz Building Inspection Division may send plans to an accredited third party review service at the City of Schertz's discretion to expedite the plan review process. 109.2 Fees Provide a copy of the contract or proposal signed by both the contractor and the person responsible for the property that the construction will occur on when requested by the Final Revisions 9 -30 -2015 V.16 MS 12 Building Inspections Division to verify the value of the work for miscellaneous activities such as remodeling, re- roofing, and foundations. 111.1 Use and Occupancy New Certificate of Occupancy for Existing Structures. A certificate of occupancy is required of all commercial or industrial establishments and must be applied for prior to occupancy of the space. A new certificate is required if a business is relocated, ownership is changed, occupancy use and classification is changed or the name of a business is changed. Certificates of Occupancy are not transferable. The building official or designee or assigned inspector along with any other . city staff required, shall inspect the building or structure and finding no violations of the provisions of this code or other laws that are enforced by the Departments of Development Services, Engineering, Fire, Parks or Health and all applicable fees are paid, a certificate of occupancy shall be issued. 111.2. Certificate of Occupancy Issued After the building official or designee or assigned inspector inspects a building or structure and finds no violations of the provisions of this chapter or other laws that are enforced by this department, the building official or designee or assigned inspector shall issue a certificate of occupancy that shall contain the following: 1. The building permit number; 2. The address of the structure; 3. The naive and address of the owner; 4. A description of that portion of the structure for which the certification is issued based on approved City of Sehertz Zoning determination. 5. The name of the building official or designee or assigned inspector; 6. Edition of the code under which the permit was issued; 7. The classification of use and occupancy in accordance with the provisions of Chapter 3 of International Building Code; 8. Type of construction as defined in Chapter 6 of the International Building Code; 9. The design occupant load; 10. If an automatic sprinkler system is required or not; Final Revisions 9 -30 -2015 V.16 MS 13 11. Any special stipulations or condition for occupancy. 12. The Zoning District in which the occupancy is located. 113 Board of Appeals The Board of Appeals is hereby repealed in its entirety. 202 Definitions. Applicable governing body as referenced within any code adopted the City Council of the City of Schertz As Built Plans are plans submitted after the building is comp: additions or changes that have occurred after construction has changes may require Building Division approval. Service Systems are electrical, fire, mechanical, structural elements. 508.4.4 Separation Individual occupancies shall be separated from 508.4 but in no case shall the fire barrier be less an automatic sprinkler system. 1801.2.1 Design basis All foundations shall be designed by a fe;,istere Texas and all drawings and documentation in mean additions or or other services not associated with )ccupancies in accordance with Table one hour where permitted with or without -Professional Engineer licensed] in the State of ;t be signed and sealed _jct Texas Board of must be registered with the City of Schertz. 1. Design letter referencing soils report pxc&ctt numbers, date of report, and soils engineer name; specific location including lot, block and subdivision; specific design criteria including soil bearing capacity and ; Acsign'plasticity index or Post-Tensioning tnSfltU1 ers; and - petem ' vei ➢ ,� . The engineer shall also approve a concrete mix design with performance criteria based on soils and seasonal conditions. 2. Signed and sealed drawings clearly indicating the strand and reinforcement placement, pier size, depth, location, and reinforcing, beam size and location, and any special details. Design calculations must be included. 3. A representative of the dDesign engineer must perform a pre -pour inspection and provide the City of Schertz with a signed and sealed document stating that the foundation has been Final Revisions 9 -30 -2015 V.16 MS 14 inspected and approved. This inspection must take place prior to requesting a foundation inspection from the City of Schertz. A representative of tThe design engineer shall be present during placement of concrete to verify concrete mix design and seasonal conditions during placement, and to verify tensioning and elongation of cables if it is a post - tensioned foundation. 5. A better from the-an engineer or sts rvevoa__indicating that rough grading of the lot occurred immediately after form removal or af'tcr final tendon stressing if a. Post - Tensioned stab, to maintain drainage away from foundation during the construction process shall be provided. Final Revisions 9 -30 -2015 V.16 MS 15 6. The engineer must provide to the City of Schertz a Letter of Final Acceptance stating that the foundation has been placed in compliance with the design prior to issuance of a Certificate of Occupancy. 7. Prior to issuance of a Certificate of Occupancy, the engineer shall provide a letter indicating that a strength test was performed on the batch of concrete and the results of the concrete strength test were consistent with the acceptable range specified in the foundation design. Copies of relevant logs or test results from the concrete manufacturer shall also be provided. 8. After foundation construction, but prior to commencement of framing, the owner or applicant shall provide the building official of the City with a sealed certification from an engir licensed to practice in the State of Texas and registered with the City of Schertz that the concre has adequately cured to allow for framing of the first floor only to occur. Prior to placing any additional load on the slab the owner or applicant shall provide the building official of the City with a sealed certification from an engineer licensed to practice in the State of Texas that the concrete has adequately cured to allow an additional load to be placed on the slab, including framing above the first floor. In no event shall this be less than 3 days after �o�l?letios of c.onc iliac �as�c ��t 9. If the foundation is a post - tensioned foundation, a letter shall b rovided to the City hat the foundation it- was designed after the engineer's consideration of (a) the Post - Tensioning Institute's Construction and Maintenance Manual for Post-Tensioned Slab -on- Ground Foundations, 3d Edition; (b) the Post - Tensioning Institute's Design of Post- Tensioned Slabs -on- Ground, 3d Edition with 2008 Supplement; and soil test conducted for the lot. 10. Post - Tensions d foundations must be inspected by a Post - Tensioning Institute (PTI) Slab -on- Ground Instal ler-Stressor or Level 1 or 2 Unbonded PT Inspector prior to placing a load on the slab or commencement of framing. Additionally, the PT1 f ° ^ °' ' ^r' " ^° a °a �'' Inspector must provide foundation design drawings, shipping lists, material certifications, jack certifications, stressing records, and concrete placement records (as described in the Post - Tensioning Institute's Manual for Post - Tensioned Slab -on- Ground Foundations, 3d 1803.1.1 Notwithstanding the foregoing, prior to issuance of a building permit, the owner or applicant shall provide to the building official for the City a soil test (geotechnieal investigation) for the lot signed, sealed, and made by a geotechnieal engineer licensed to practice in the State of Texas. The soil test shall contain design recommendations. The soil test shall be conducted within the area where the building foundation is to be located and the owner shall provide a survey of the lot to the City indicating the location of the soil test. Such soil test report shall be referenced on the building Final Revisions 9 -30 -2015 V.16 MS 16 permit application along with a signed and sealed statement from an engineer licensed to practice in the State of Texas that the foundation(s) on the lot was /were designed in consideration of the Final Revisions 9 -30 -2015 V.16 MS 17 results shown in the soil test report for that lot. The owner(s) of the property shall provide a letter stating that no cut or fill was done subsequent to the soil test being conducted. 1807.1(a) Foundation Walls, Retaining Walls and Embedded Posts and Poles Construction of a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing of the wall to the top of the wall, constructed on public property or to be dedicated to the City as a public improvement, as a part of the overall subdivision civil plans and the Development Permit application process, shall require submission to, and approval by, the City Engineer of the City of detailed retaining wall design plans sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction of such wall. Construction of such retaining wall shall also require submission to, and approval by, the City Engineer of the City of a sealed engineering inspection report verifying the construction of the retaining wall in conformance with the retaining wall design plans in order to close out the Development Permit. Construction of a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing of the wall to the top of the wall, constructed on private property and that will not be dedicated to the City as a public improvement, as a part of the building permit application process, shall require submission to, and approval by, the building official of the City of detailed retaining wall design plans sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction of such wall. Construction of such retaining wall shall also require submission to, and approval by, the building official of the City of a sealed engineering inspection report verifying the construction of the retaining wall in conformance with the retaining wall design plans in order to close out the building permit. On lots with a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing to the top of the wall, in addition to the designated rear and side yard setbacks, a maintenance and access easement for the benefit of the adjacent property owners and the City on either side of the retaining wall, as necessitated by the design of the retaining wall and in accordance with the signed and sealed engineering plans, shall be required for retaining wall maintenance and to prevent any incursion into fill material. The required area of the easement shall vary according to the retaining wall design and adjacent property access and shall, at a minimum, include all of the fill area. Any incursion into a retaining wall fill for maintenance and construction of utilities shall require the submission to, and approval by, the building official of the City of detailed design plans, sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction on such incursion. All other incursions are prohibited." PTI Level 1 or 2 Unbonded PT Inspector is a certified individual meeting the requirements of the IBC 2012, Section 1704 Special Inspections, Contractor Responsibility and Structural Observations, Table 1705.3 Required Verification and Inspection of Concrete Construction. 1207 Sound Transmission Standards for High Noise Areas Final Revisions 9 -30 -2015 V.16 MS 18 All habitable portions of structures located within the 65 dBA as shown on Exhibit A attached, shall be designed and constructed to achieve either: 1. an outside to inside noise level reduction (NLR) of at least twenty -five (25) a- weighted decibels (dBA), or 2. be built to the standards set forth in subsection 2. ` B. below. Options for Compliance. Compliance may be demonstrated using one of the following methods: 1. Use simultaneous noise readings of instantaneous outside and inside noise levels in accordance with ASTM E 966 to ensure the structure achieves an,outside to inside NLF of at least twenty -five (25) dBA; or 2. Utilize construction materials with a minimum tested or listed sound transmission class (STC) rating of forty (40), in accordance with ASTM E 90 for walls and ceilings, and with a minimum tested or listed STC rating for doors and windows as specified below, in accordance with the following construction methods: a. Walls. The specific exterior wall assemblies listed below shall include the interior finishes set forth therein. Exception: Exterior wall assemblies or materials that have been tested or listed with a minimum STC rating of forty (40). i. Brick veneer. When exterior walls are constructed using brick veneer, a minimum of one -half (1/2) inch gypsum drywall shall be applied as the interior finish, or a minimum of three and one -half (3- 1/2) inches of foam insulation shall be sprayed in as allowed by the building and fire ii. Vinyl or cement sidings. When exterior walls are constructed using vinyl or cement sidings, a minimum of five - eighths (5/8) inch gypsum drywall shall be applied as the interior finish, or a minimum of three and one -half (3 -1/2) inches of foam insulation shall be sprayed in as allowed by the building and fire code. iii.Other assemblies and materials. All other exterior wall assemblies or materials shall have a tested or listed minimum STC rating of forty (40). b. Roof/Ceiling Assemblies. Roof /ceiling assemblies shall be constructed in accordance with the requirements of subsections (i) or (ii) below. Exception: Roof /ceiling assemblies or materials that have been tested or listed with a minimum STC rating of forty (40). Final Revisions 9 -30 -2015 V.16 MS 19 Ceilings with unconditioned attic space shall be insulated with a minimum of one -half (1/2) inch gypsum drywall on the interior ceiling side covered with a minimum of twelve (12) inches of blown in fiberglass insulation, or a minimum of three and one -half (3 -1/2) inches of spray foam insulation shall be applied to the underside of the roof deck as allowed by the building and fire code. ii. Ceilings without attic space above shall be insulated with a minimum of five- eighths (5/8) inch gypsum drywall on the interior side filled with a minimum of nine (9) inches of fiberglass batt insulation with 'a one (1) inch air space between the roof sheathing and the fiberglass, or a minimum of three and one -half (3 -1/2) inches of spray foam insulation . shall be applied to the underside of the roof deck as allowed by the building and fire code. c. Windows. The cavity between the wood framing and the window frame shall be insulated with fiberglass insulation or foam insulation to the depth of the window frame. i. If the exterior windows and percent (30 %) of the total e inimum tested or listed comprise no more than thirty a all windows shall have a thirty (30). ii. If the exterior windows and doors together comprise more than thirty percent (30%) but no more than forty percent (40 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of iii. If the exterior windows and doors together comprise more than forty percent (40 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of forty (40). d. Doors. i. If the exterior windows and doors together comprise no more than thirty percent (30 %) of the total exterior wall area, all exterior doors shall have a minimum tested or listed STC rating of thirty (30). ii. If the exterior windows and doors together comprise more than thirty percent (30 %) but no more than forty percent (40 %) of the total exterior wall area, all exterior doors shall have a minimum tested or listed STC rating of thirty-two (32). Final Revisions 9 -30 -2015 V.16 MS 20 iii. If the exterior windows and doors together comprise more than forty percent (40 %) of the total exterior wall area, all exterior doors shall have a minimum tested or listed STC rating of forty (40). Exception: An exterior door may have a tested or listed STC rating of less than forty (40) when installed with a storm door which when combined, achieve a minimum tested or listed STC rating of forty (40). e. Mechanical Systems. Mechanical ventilation systems (HV minimum air circulation and fresh air requirements for va rooms without the need to open any windows, doors, or of exterior. i. In- window, through -wall, or through -floor air conditioning, ventilating, or heating units may be used if: 1) the above insulation are implemented, or and doors 2) walls, ceilings, windows and doors have a minimum tested or listed STC rating of forty (40). ii. Evaporative coolers may be installed if the following is implemented to reduce sound entering through the unit: 1) Insert a duct extension with at least two (2) ninety degree (90 °) "elbows" y designed "up- ducts" in the ceiling of each room to allow of air while windows are closed. of final inspection or issuance of a certificate of occupancy, all project .tbmit to the Building Inspection Division, a signed statement ance with this section from an accredited third party testing agency if is achieved der Section 1207.1. notions for Compliance or lea letter from the builder if sound attenuation is achieved per Section 2. A single certification statement for multiple structures in the same development maybe used as long as the structures implement the same floor plans and construction methods. Definition: Accredited is defined as certified through the National Voluntary Laboratory Final Revisions 9 -30 -2015 V.16 MS 21 Accreditation Program (NVLAP) Secs. 18 -42 — 18 -59. Reserved. Final Revisions 9 -30 -2015 V.16 MS 22 ARTICLE III. - INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS Section 18 -60. Adopted The International Residential Code for One and Two Family Dwellings Code, 2012 Edition is hereby adopted with the amendments as provided for in this Article. Section 18 -61. Amendments The International Residential Code for One and Two Family amended as follows: R101.1 Title. These provisions shall be known as the Reside Dwellings of the City of Schertz, Texas, and shall be cited as "this code." Permits. R105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not t any work to be done in any manner in violation of the provis ordinances of this jurisdiction. Permits shall not be required f Building: to , 2012 Edition is hereby for One -and Two- family will be referred to herein as seemed to grant authorization for s of this code or any other laws or the following: upon grade if the capacity does not exceed eight to diameter or width does not exceed 1 Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 3. Temporary motion picture, television and theater stage sets and scenery. 4. Shade cloth structures constructed for nursery or agricultural purposes, but not including service systems. 5. Swings and other temporary playground equipment accessory to one and two - family dwellings. 6. Window awnings supported by an exterior wall of R -3 - One and Two Family Dwellings as applicable in Section 101.2 and Group U occupancies of the International Building Code 2012 as defined in Chapter 3 - Use and Occupancy Classification. Final Revisions 9 -30 -2015 V.16 MS 23 Movable cases, countertops and partition not over (5) five feet (9) nine inches in height. ------ acu°=si-�s°u- nzsa�rirnv° - crszuc- cn.. u- ui£- E�5�43f= �'- "scrarscaru�- cl."a°u- �.- us-c9@ u e 3-lieds, Y,IA,l crLi:xe ccan`ai. wcv -YZV -� ,-aka+ ® ®,,.,�,ya% ire- la,�atc °•� •,�ii�•E 1.., nr,2 .�� � 1. Normal maintenance work, such as replacement of lamps, sockets, fuses, drop cords, snap switches, or other similar minor repairs as may be permitted by the building official or designee or assigned inspector; 2. Connection of portable electrical equipment to suitable existing permanently installed receptacles. 3. . Replacement of a motor of the same horsepower and rating and installation of pressure devices and similar controls, when the electrical supply for the same has been properly installed by a licensed electrician. 4. The provisions of this chapter shall not apply to electrical equipment used for radio and television transmission, but does apply to equipment and wiring for power supply and the installations of towers and antennas. Final Revisions 9 -30 -2015 V.16 MS 24 Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance; 2. Portable ventilation equipment; 3. Portable cooling unit; 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this chapter; 5. Replacement of any part which does not alter its approval or make it unsafe; 6. Portable evaporative 7. Self - contained refrigeration system containing ten pounds or less of refrigerant and actuated by motors of one horsepower or less. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this chapter. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such involve or require the replacement or rearrangement of valves, pipes or fixtures. 8105.3.1 Action on Application. Ref: Texas Local Government Code Section 214.904 Time for Issuance of Municipal Building Permit. Final Revisions 9 -30 -2015 V.16 MS 25 R1 I- This section applies only to a permit required by a municipality to erect or improve a building or other structure in the municipality. 2. Not later than the 45`h day after the date an application for a permit is submitted the municipality must; a. grant or deny the permit b. provide written notice to the applicant stating the reasons why the municipality has been unable to grant or deny the permit application: or C. reach a written agreement with the applicant providing for a deadline for granting or denying the permit. 3. For a permit application for which notice is provided under Subsection (2)(b), the municipality may grant or deny the permit not later than the 30th day after the date the notice is received. 4. If a municipality fails to grant or deny a permit application in the time required by Subsection (3) or by an agreement under Subsection (2)(c) the municipality: a. may not collect any permit fees associated with the application; and b. shall refund to the applicant any permit fees associated with the application that have been collected. Public right- of- way,'alleys and easements. A permit shall not be given by the building official or designee or assigned inspector for the construction of any building or structure, or alteration of any building or structure that will encroach upon any right -of -way, alley, or Design professional.' The design professional shall be an architect or engineer legally registered under the laws of the State of Texas regulating the practice of architecture or engineering and shall affix his/her seal to said drawings, specifications and accompanying data, for the following 1. All group A, E and I occupancies as defined in the IBC, Chapter 3. 2,cii-1 2 B, 'l i 'i ti t.�.0 4' �, cn. aini"�,,"� ancz � czE &xc.9 , square�eet. er 3i36r-e in area. Final Revisions 9 -30 -2015 V.16 MS 26 ine�iffg4he-engffieered7FOHMatl. The City of Schertz Building Inspection Division may send plans to an accredited third party review service at the City of Schertz's discretion to expedite the plan review process. R108.3 Fees Provide a copy of the contract or proposal signed by both the contractor and the responsible for the property that the construction will occur on when requested 1 Building Inspections Division to verify the value of the work for miscellaneous such as remodeling, re- roofing, and foundations. R110.3 Certificate of Occupancy Issued. After the building official or designee or assigned inspector inspects a building or structure and finds no violations of the provisions of this chapter or other laws that are enforced by this department, the building official or designee or assigned inspector shall issue a certificate of occupancy that shall contain the following: 1. The building permit number; 2. The address of the structure; 3. The name and address of the owner; 4. A description of the building use; 5.'' 6." 7.! 8. 9. 10. 11. The name of the building official or designee or assigned inspector; Edition of the code under which the permit was issued; The classification use of the structure; Type of construction as defined in Chapter 6 of the International Building Code; If an automatic sprinkler system is required or not; Any special stipulations or condition for occupancy. The Zoning District in which the occupancy is located. Final Revisions 9 -30 -2015 V.16 MS 27 R111.3 Authority to Disconnect Service Utility Portable Generators for residential home use where used to remove the one or two family dwelling from the public electric utility grid permanently are prohibited. Exception: During emergency situations where authorized by the Authority Having Jurisdiction. R112 Board of Appeals The Board of Appeals is hereby repealed in its entirety. R202 Definitions. Applicable governing body as referenced within any code adopted under this chapter shall mean the City Council of the City of Schertz As Built Plans are plans submitted after the building is complete showing any alterations, additions or changes that have occurred after construction has begun. All alterations, additions or changes may require Building Divi ion apprc3Val. Residential Arbors are defined as trellises and not as a building when less than 200 square feet in size. Arbors shall be built without a solid roof covering; used only to support vegetation; or acting as a shadow box attached or unattached to the primary or secondary structure; or free standing anchored solidly into the soil or to a permanent foundation and capable of withstanding the environmental conditions ag established in the International Residential Code. Service Systems are electrical, fire, mechanical, plumbing or other services not associated with Rl All foundations shall be designed by , Professional Engineer heensed in the State of Texas and all drawings and documentation must be signed and sealed Ixe Texas_ Board of Professional frttgta � aales. Design Engineers must be registered with the City of Schertz. 1. Design letter referencing soils report re�ect numbers, date of report, and soils engineer name; specific location including lot, block and subdivision; specific design criteria including soil bearing capacity, q d; plasticity index or Post -Te ns rr i 1 stif� �e r jarctc arrdp veAieaI+ise. The engineer shall also approve a concrete mix design with performance criteria based on soils and seasonal conditions. 2. Signed and sealed drawings clearly indicating the strand and reinforcement placement, pier size, depth, location, and reinforcing, beam size and location, and any special details. Design calculations must be included. Final Revisions 9 -30 -2015 V.16 MS 28 3. A representative of the dDesign engineer must perform a pre -pour inspection and provide the City of Schertz with a signed and sealed document stating that the foundation has been inspected and approved. This inspection must take place prior to requesting a foundation inspection from the City of Schertz. A representative of tThe design engineer shall be present during placement of concrete to verify concrete mix design and seasonal conditions during placement, and taverify tensioning and elongation of cables if it is a post- tensioned foundation. d. A ILetter from the -ar;L engineer or surv_�indicating that rough immediately after form removal, oar after 9In al tendon stressing df<a Poa drainage away from foundation during the construction process shall b 5. The engineer must provide to the City of Schertz a Letter of Final that the foundation has been placed in compliance with the design prior Certificate of Occupancy. 6. Prior to issuance of a Certificate of Occupancy, the et indicating that a strength test was performed on the batch of concrete strength test were consistent with the acceptable rai design. Copies of relevant logs or test results from the coner provided. lot occurred , to maintain of a results of the the foundation r shall also be 7. After foundation construction-and—,but prior to commencement of framing, the owner or applicant shall provide the building official of the City with a sealed certification from an engineer licensed to practice in the State of Texas and registered with the City of Schertz that the concrete has adequately cured to allow for framing of the si.raact>are. PTi^r f^ , ,.,eiog anQ, shall this be less than 3 days after the_ & If the foundation is g post - tensioned foundation, a letter shall be provided to the City that the foundation was designed after the engineer's consideration of (a) the Post - Tensioning Institute's Construction; and Maintenance Manual for Post-Tensioned Slab -on- Ground Foundations, 3d Edition; (b) the Post - Tensioning Institute's Design of Post- Tensioned Slabs -on- Ground, 3d Edition with 2008 Supplement; and soils KeLiga t test conducted for the lot. 9. Post-Tensioned foundations must be inspected by a Post - Tensioning Institute (PTI) Slab -can- rOLI llcl Instal_i -er -S ttres sfi� or Level 1 or 2 Unbonded PT Inspector prior to placing a load on the slab or commencement of framing. Additionally, the PTI T e ° °' ' ^ ' r , on aid Inspector must provide foundation design drawings, shipping lists, material certifications, jack certifications, stressing records, and concrete placement records (as described in the Post- Tensioning Institute's Final Revisions 9 -30 -2015 V.16 MS 29 Construction and Maintenance Manual for Post- Tensioned Slab -on- Ground Foundations, 3d Edition) to the City. 10, Prior to receiving a Certificate of Occupancy, a final survey indicating final grade elevations and verifying positive drainage away from the foundation must be submitted to the City. R401.4.3 Soil Tests Notwithstanding the foregoing, prior to issuance of a building permit, the owner or applicant shall provide to the building official of the City a soil test (geotechnical investigation) for the residential lot made by a geotechnical engineer licensed to practice in the State of Texas. The soil test shall contain design recommendations. The soil test shall be conducted within the area where the building foundation is to be located and the owner shall provide a survey of the lot to the City indicating the location of the soil test. Such soil test report shall be referenced on the building permit application along with a signed and sealed statement from an engineer licensed to practice in the State of Texas that the foundation on the residential lot was designed in consideration of the results shown in the soil test report for that lot and that no cut or fill was done subsequent to the soil test being conducted. R404.4.1 Retaining Walls Construction of a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing of the wall to the top of the wall, constructed on public property or to be dedicated to the City as a public improvement, as apart of the overall subdivision civil plans and the Development Pen-nit application process, shall require submission to, and approval by, the City Engineer of the City of detailed retaining wall design plans sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction of such wall. Construction of such retaining wall shall also require submission to, and approval by, the City Engineer of the City of a sealed engineering inspection report verifying the construction of the retaining wall in conformance with the retaining wall design plans in order to close out the Development Permit. Construction of a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing of the wall to the top of the wall, constructed on private property and that will not be dedicated to the City as a public improvement, as a part of the building permit application process, shall require submission to, and approval by, the building official of the City of detailed retaining wall design plans sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction of such wall. Construction of such retaining wall shall also require submission to, and approval by, the building official of the City of a sealed engineering inspection report verifying the construction of the retaining wall in conformance with the retaining wall design plans in order to close out the building permit. On residential lots with a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing to the top of the wall, in addition to the designated rear and side yard Final Revisions 9 -30 -2015 V.16 MS 30 setbacks, a maintenance and access easement for the benefit of the adjacent property owners and the City on either side of the retaining wall, as necessitated by the design of the retaining wall and in accordance with the signed and sealed engineering plans, shall be required for retaining wall maintenance and to prevent any incursion into fill material. The required area of the easement shall vary according to the retaining wall design and adjacent property access and structures and shall, at a minimum, include all of the fill area. All incursions are prohibited, including but not limited to the planting of trees, except that a fence may be constructed but shall require the submission to, and approval by, the building official of the City of detailed design plans, sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction on such incursion. Additionally motor vehicles shall not be parked within the easement. 8703.7.2 Exterior veneer support, R703.7.2.1 Support by roof construction and R703.7.3 Lintels Lintels shall be attached to the wood framing above all required by the design professional prior to a framing R807.1 Attic Access Attic access shall be provided by a ceiling pu hundred and fifty pounds. If an appliance is h remove the largest single section or the entire accordance with the IRC or IMC. P2503.8.2 Testing. Backflow preventic of installation, imm P2603.3. Breakage Any pipe that passe relieving arch, or a sizes greater than ti shall not be located P2603.5 Freezing. in the fall be as of supporting (250) two pening large enough to with a walkway provided in sprinkler systems shall be tested at the time Foundation Walls. a footing or through a foundation wall shall be provided with a ;eve shall be built into the foundation wall. The sleeve shall be two pipe gassing through the wall. Pipes used for p -traps with in a foundation footings or beams. All building sewers shall be a minimum of 12 inches below finished grade. P2609 Installation of Materials Cellular core pipe shall be prohibited for all underground uses in all materials. The following Appendixes are adopted: Final Revisions 9 -30 -2015 V.16 MS 31 Appendix A — Sizing and Capacities of Gas Piping Appendix B — Sizing of Venting Systems Serving appliances equipped with Draft hood, Category 1 Appliances, and Appliances listed for use with Type B Vents Appendix C — Exit Terminals of Mechanical draft and Direct -Vent Venting Systems Appendix E — Manufactured Homes used as Dwellings Appendix G- Swimming Pools, Spas and Hot Tubs Appendix H — Patio Covers Appendix J — Existing Buildings and Structures Appendix K Sound Transmission AK 101 Sound Transmission Standards for High Noise Areas All habitable portions of structures located within the 65 dBA as shown on Exhibit A attached shall be designed and constructed to achieve either: an outside to inside noise level decibels (dBA), or (25) a- weighted 2. be built to the standards set forth in subsection 2. (e)(1)-B -. below. Options for Compliance. Compliance may be demonstrated using one of the following methods: 1. Use simultaneous noise readings of instantaneous outside and inside noise levels in accordance with ASTM E966 to ensure the structure achieves an outside to inside NLR of at least twenty -five (25) dBA; or _7e construction materials with a minimum tested or listed sound transmission class >) rating of forty (40), in accordance with ASTM E 90, for walls and ceilings, and a minimum tested or listed STC rating for doors and windows as specified below, cordance with the following construction methods: Walls. The specific exterior wall assemblies listed below shall include the interior finishes set forth therein. Exception: Exterior wall assemblies or materials that have been tested or listed with a minimum STC rating of forty (40). i. Brick veneer. When exterior walls are constructed using brick veneer, a minimum of one -half (1/2) inch gypsum drywall shall be applied as the interior finish, or a minimum of three and one -half (3- 1 /2) inches of Final Revisions 9 -30 -2015 V.16 MS 32 foam insulation shall be sprayed in as allowed by the building and fire code. ii. Vinyl or cement sidings. When exterior walls are constructed using vinyl or cement sidings, a minimum of five - eighths (5/8) inch gypsum drywall shall be applied as the interior finish, or a minimum of three and one -half (3-1/2) inches of foam insulation shall be sprayed in as allowed by the building and fire code. iii.Other assemblies and materials. All other exterior wall assemblies or materials shall have a tested or listed minimum STC rating of forty (40). b. Roof /Ceiling Assemblies. Roof /ceiling assemblies shall be constructed in accordance with the requirements of subsections (i) or (ii) below. Exception: Roof /ceiling assemblies or minimum STC rating of forty (40). a i. Ceilings with unconditioned attic space shall be insulated with a minimum of one -half (1/2) inch gypsum drywall on the interior ceiling side covered with a minimum of twelve (1.2) inches of blown in fiberglass insulation, or a minimum of three and one -half (3 -1/2) inches of spray foam insulation shall be applied to the underside of the roof deck as allowed by the building and fire code. ii. Ceilings without attic space above shall be insulated with a minimum of five - eighths (5/8) inch gypsum drywall on the interior side filled with a minimum of nine (9) inches of fiberglass batt insulation with a one (1) inch air space between the roof sheathing and the fiberglass, or a minimum of three and one -half (3 -1/2) inches of spray foam insulation shall be applied to the underside of the roof deck as allowed by the building and fire code. c. Windows. The cavity between the wood framing and the window frame shall be insulated with fiberglass insulation or foam insulation to the depth of the window frame. i. If the exterior windows and doors together comprise no more than thirty percent (30 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of thirty (30). ii. if the exterior windows and doors together comprise more than thirty percent (30 %) but no more than forty percent (40 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of thirty- Final Revisions 9 -30 -2015 V.16 MS 33 d. Doors. two (32). iii. If the exterior windows and doors together comprise more than forty percent (40 %) of the total exterior wall area, all windows shall have a minimum tested or listed STC rating of forty (40). i. If the exterior windows and doors together comprise no more than thirty percent (30 %) of the total exterior wail area, all exterior doors shall have a minimum tested or listed STC rating of thirty (30). ii. If the exterior windows and doors together comprise more than thirty percent (30 %) but no more than forty percent (40 %) of the total exterior wall area, all exterior doors shall have a minimum tested or listed STC rating of thirty -two (32). iii. If the exterior windows and percent (40 %) of the total extei minimum tested or listed STC i Exception: An exterior door may have a when installed with a storm Moor which N listed STC rating of forty (40). +; e. Mechanical Systei air circulation and need to onen anv N oors together comprise more than forty )r wall area, all exterior doors shall have a ting of forty (40). or listed STC rating of less than forty (40) )mbined achieve a minimum tested or �n systems (HVAC) shall provide minimum it various uses in occupied rooms without the openings to the exterior. i. In- window, through -wall, or through -floor air conditioning, ventilating, or heating units may be used if: 1) the above insulation requirements for walls, ceilings, windows and doors are implemented, or 2) Walls, ceilings, windows and doors have a minimum tested or listed STC rating of forty (40). ii. Evaporative coolers may be installed if the following is implemented to reduce sound entering through the unit: 1) Insert a duct extension with at least two (2) ninety degree (90 °) "elbows" between the structure and the unit. Final Revisions 9 -30 -2015 V.16 MS 34 2) Add acoustically designed "up- ducts" in the ceiling of each room to allow proper circulation of air while windows are closed. Certification. 1. Prior to approval of final inspection or issuance of a certificate of occupancy, all project applicants shall submit to the Building Inspection Division, a signed statement certifying compliance with this section from an accredited third party testing agency if sound letter from the builder if sound attenut method 2. a-Texa L � �-, �. 2. A single certification statement for multiple struc used as long as the structures implement the same Accredited is defined as certified through the Program (NVLAP) Part VIII - Electrical The International Residential Code for One and Two Famil - 43, Electrical is repealed in its entirety and is replaced by Code (NEC) 2014 as published by the National Fire Protec specifically adopted as if fully set forth herein. The following Appendix is adopted. Appendix P — Sizing of Water Piping System Secs 18 -62 -.18. ARTICLE IV - NA fi it maybe methods. 2012 Edition, Chapters 34 h the National Electric on (NFPA) which is The National Electrical Code, 2014 edition to include, revisions, amendments and corrections, published by the National Fire Protection Association (NFPA), is hereby adopted by reference as the electrical code of the City of Sehertz, Texas, subject to and including such amendments as herein shall appear. The State of Texas will mandate all future code editions through the Texas Department of Licensing and Regulation (TDLR) as to the date of future adoptions. Note - this code in no way alters or repeals any additional requirements established by any other utility companies and/or cooperative for its members and/or consumers. Final Revisions 9 -30 -2015 V.16 MS 35 Section 18 -81. Amendments The National Electrical Code, 2014 Edition is hereby amended as follows: 210.11 Branch Circuits Required No more than (12) twelve duplex receptacle outlets shall be installed per circuit serving general lighting circuits. 210.11 Branch Circuits Required (C) (3) Bathroom Branch Circuits If more than one bathroom group is to be installed, the required recept volt devices are to be GFCI protected. Exhaust fans and lighting shall 210.12 Arc -fault Circuit - Interrupter Protection for Personnel and be le 210.19 Minimum Ampacity and Size No branch circuit shall have wire smaller than 14 AWG run is limited to (120) one hundred and twenty feet or a Branch - Circuit Ratings 210.1.9 Conductors —Minimum, 4. This does not prohibit smaller wire for circuits 90 vc 210.52 Dwelling Unit Receptacle Outlets 5/20 volt - ampere 125 he 14 AWG by Article 11 ional Note No. for control circuits. le Requirements No more than (4) four duplex receptacle outlets per kitchen countertop circuit. Refrigerators, freezers, microwaves, dishwashers, garbage compactors, and washing machines shall be located on dedicated individual circuits. Such receptacle outlets shall comply with 21.0.8 Ground -Fault Circuit- Interrupter Protection for Personnel and 210.12 Arc -Fault Circuit - Interrupter Protection as needed. Garbage Disposals shall be permitted to be on the same circuit for a kitchen counter top circuit. 210.52 Dwelling Unit Receptacle Outlets (D) Bathrooms No outlet, light or fan switch,, or receptacle outlet shall be closer than 5 feet to a shower or bathtub from the inside edge of the fixture. Single family dwellings must be individually metered. 230.71 Maximum Number of Disconnects An exterior disconnecting means shall be provided at each building serviced where more than two circuits supply the structure. A shunt trip device designed to de- energize the service disconnect equipment at all load side connections, is acceptable on the exterior of the structure at a location approved by the City of Schertz as an alternative means of disconnection. Final Revisions 9 -30 -2015 V.16 MS 36 Secs. 18 -82 —18 -99 Reserved. ARTICLE V - INTERNATIONAL FUEL GAS CODE Section 18 -100. Adopted The International Fuel Gas Code, 2012 Edition is hereby adopted with the amendments as provided for in this Article. Section 18 -101. Amendments The International Fuel Gas Code, 2012 Edition is hereby amended as 101.1 Title. These regulations shall be known as the Fuel Gas hereinafter referred to as "this code." __ . 109 Means of Appeal Means of Appeal is hereby repealed in its The following appendixes are adopted: Texas, Appendix A (IFGS) — Sizing and Capacities of Gas Piping A.l shall be altered as follows: for any gas piping system, or special appliance, or for conditions other than those covered by the tables provided in the code, such as longer runs, greater gas demands, or greater pressure drops, the size of each gas piping system shall be determined by standard engineering practices acceptable to the code official. Appendix B (IFGS) Category 1 Applian Terminals of Mecha Section 1.8- Systems Servicing Appliances Equipped With Draft Hoods, Listed for Use With Type B Vents Appendix C (IFGS) Exit -ect -vent Venting Systems. MECHANICAL CODE The International Mechanical Code, 2012 Edition is hereby adopted with the amendments as provided for in this Article. Section 18 -121. Amendments The International Mechanical Code, 2012 Edition is hereby amended as follows: Final Revisions 9 -30 -2015 V.16 MS 37 101.1 Title. These regulations shall be known as the Mechanical Code of the City of Schertz, Texas, hereinafter referred to as "this code." 109 Means of Appeal Means of is hereby repealed in its entirety. Secs 18- 122 -18 -139 Reserved. ARTICLE VII. - INTERNATIONAL PLUMBING CODE Section 18 -140. Adopted The International Plumbing Code, 2012 Edition is hereby adopted with the amendments as provided for in this Article. Section 18 -141. Amendments The International Plumbing Code, 2012 Edition is hereby amended as follows: 101.1 Title. These regulations shall be known as the International Plumbing Code of the city of Schertz, Texas hereinafter referred to as "this code." 109 Means of Appeal Means of Appeal is hereby repealed in its entirety. 305.3 Pipes Through Foundation Walls Any pipe that passes under a footing or through a foundation wall shall be provided with a relieving arch, orua pipe sleeve shall be built into the foundation wall. The sleeve shall be two pipe sizes greater than the pipe passing through the wall. Pipes used for p -traps with in a foundation shall not be located within footings or beams. Sewer All building sewers shall be 311.1 Toilet Facilities for Workers of 12 inches below finished grade. Portable toilets shall be provided for construction sites so that the path of travel to such facilities shall not exceed 500 feet. Exception: A single portable toilet may be used for small individual construction jobs when approved by the building official. 312.10.2 Testing - Exception: Backflow prevention devices used for residential lawn sprinkler systems shall be tested at the time of installation, immediately after repairs or relocation Final Revisions 9 -30 -2015 V.16 MS 38 Table 702.3 Building Sewer Pipe Cellular core pipe shall be prohibited for all underground uses in all materials. . The following Appendixes are adopted: Appendix B — Rates of Rainfall for Various Cities Appendix C — Vacuum Drainage System Appendix D — Degree Day and Design Temperatures Appendix E — Sizing of Water Piping System Appendix F — Structural Safety Secs. 18 -142 —18 -159 Reserved. M71YtoM0&111M1UIr04 9\/ 1111[ 110` /5,\AW111]9D17111.1lU/5,111131 by adopted iereby amended as follows: al Property Maintenance Code of pined free from weeds or grass All Accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. No accessory structure shall be more than twenty (20) degrees out of vertical (using an (8) eight foot level) along any 20 feet of wall surface to obtain an accurate determination of the degrees from vertical. Final Revisions 9 -30 -2015 V.16 MS 39 Fences and walls twenty (20) degrees or more in each directional run (vertical or horizontal) shall not have more than twenty -five (25) percent of any directional run (vertical or horizontal) to be of decayed or damaged material. The following Appendix is adopted: Appendix A — Boarding Standard Secs. 18 -162 —18 -179 Reserved. ARTICLE IX. - INTERNATIONAL ENERGY CONSERV Section 18 -180. Adopted. The International Energy Conservation Code, 2009 Edition is hereby adopted with the amendments as provided for in this Article. The State of Texas will mandate all future code Energy Conservation Office (SECO) as to the d Section 18 -181. Amendments 's State The International Energy Conservation Code, 2009 Edition is hereby amended as follows: C101.1 Title. This code shall be known as the International Energy Conservation Code of the City of Schertz, Texas, and shall by cited as such. It is referred to herein as "this code." C109 Board of Appeals The Board of Appeals is hereby repealed in Secs. 18 -1 X. - MANUAL OF CROSS - CONNECTION CONTROL Section The Manual of Cross- Connection Control by the University of Southern California, Tenth edition published October 2009, by the Foundation for Cross- Connection Control and Hydraulic Research, University of Southern California, is hereby adopted and incorporated as the Baekflow and Cross - Connection Code of the City of Schertz, Texas, subject to and including by reference as herein shall appear. Section 18 -201. Amendments Final Revisions 9 -30 -2015 V.16 MS 40 The Manual of Cross - Connection Control, Tenth Edition, October 2009 is hereby amended as follows: Irrigation Back Flow Device Location The residential irrigation RP or PVB shall be located immediately adjacent to the residential structure and shall be located a minimum of twelve (12) inches above the highest lawn sprinkler head. A Ground Fault Circuit Interrupter receptacle that is weather proof while in operation is recommended to be located immediately adjacent to the back flow device for the installation of a heat tape to prevent freezing. A rain sensor(s) shall be installed on all systems. The Commercial irrigation RP and PVB or other approved back flow devices shall be protected from traffic if not located immediately adjacent to the structure and shall be located a minimum of twelve (12) inches above the highest lawn sprinkler head. A Ground Fault Circuit Interrupter receptacle that is weather proof while in operation is recommended to be located immediately adjacent to the back flow device for the installation of heat tape to prevent freezing. Freeze protection shall be considered in all designs. A rain sensor(s) shall be installed on all systems. Any RP or PVB located in a flood plain shall be 1 foot above the Design Flood Elevation (DFE) or designed in such a way that will prevent floodwaters from entering or accumulating within system components and to additionally ensure that floodwater does net contaminate the potable water supply system. (Ref: FEMA 348 November 1999) Adopting the backflow and cross- connection requirements in no way shall appeal or set aside any of the requirements of the International Plumbing Code. Secs. 18 -202 —18 -21 ARTICLE XI. - INTERNATIONAL. SWIMMING POOL AND SPA CODE The International Swimming Pool and Spa Code, 2012 Edition is hereby adopted with the amendments as provided for in this Article. Section 18 -221. Amendments The International Swimming Pool and Spa Code, 2012 Edition is hereby amended as follows: 101.1 Title. These regulations shall be known as the International Swimming Pool and Spa Code of the City of Schertz, Texas, hereinafter referred to as "this code." 108 Means of Appeal Final Revisions 9 -30 -2015 V.16 MS 41 Means of Appeal is hereby repealed in its entirety. The following Appendixes are adopted: Appendix B: Field Checklist for identifying Suction Entrapment Hazards shall the pool installer or his or her authorized agent. The information in the Appent provided to the Inspector for final approval. Appendix C Warning — Browning Hazard signage shall only apply to for signage and is only recommended for single and two family resid€ Secs. 18 -222 —18 -239 Reserved. ARTICLE XIL INTERNATIONAL EXISTING M 0 with the amendments as amended as follows: Existing Building Code of the on of this chapter, or fail to shall erect, construct, alter, install, demolish, or move any structure, electrical, gas, mechanical or plumbing system in violation of the detailed statement or drawings submitted and permitted thereunder, shall be guilty of a misdemeanor. Such persons shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed or continued, and upon conviction of any such violation such person shall be punished Final Revisions 9 -30 -2015 V.16 MS 42 by a fine of not more than five hundred dollars ($500.00) for each offense unless said violation is a violation of a regulation governing fire safety or public health and sanitation then by a fine of not more than $2,000.00 for each offense. All such violations shall be prosecuted in accordance with Section 1 -8 General penalty for violations of Code; continuing violations of the Schertz Municipal Code of Ordinances. 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. That all rights and privileges of the City are expressly saved as to any and all violations of the provision of any ordinances repealed by this ordinance which have accrued at the time of the effective date of this Ordinances; and, as to such accrued violation and all pending litigation, both civil and criminal, whetherpending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 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. Builders may choose to continue with the use of the previous 2006 PASSED ON FIRST READING, the day of 12015. PASSED, APPROVED > and ADOPTED ON SECOND READING, the day of 2015. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: Final Revisions 9 -30 -2015 V.16 MS 43 City Secretary, Brenda Dennis (CITY SEAL) EXHIBIT A Final Revisions 9 -30 -2015 V.16 MS 44 Final Revisions 9 -30 -2015 V.16 MS 45 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: October 13, 2015 Department: Subject: Council Council Liaison Appointment to the Investment Advisory Committee There is a vacancy that currently exists on the Investment Advisory Committee as a result of the resignation of Councilmember Duke. FISCAL IMPACT None RECOMMENDATION Staff recommends Council appoint Councilmember Thompson to the Investment Advisory Committee replacing Councilmember Duke who has resigned. Agenda No. 4 City Council Meeting: October 13, 2015 Department: Finance /Inspections Subject: Resolution No. 15 -R -86— Amending Schedule of Fees of the Code of Ordinances BACKGROUND City Departments collect a wide variety of fees for permits, services, fines and other charges that are all part of the every day operations of municipal government. The fee schedule adopted August 18, 2015 contained fee changes in anticipation of the building code passing. Since that time the proposed building code has changed in regards to replacement fencing and siding /fascia. This resolution will change the fees back to their previous amounts to reflect the building code. There was also an error in the Licenses /Registration fee section causing all of the proposed fee amounts to be shifted up a row. This caused a disconnect between which fee was being charged each amount. The adjustment recommended tonight will realign the proposed fees with their correct charges. Goal To update the fee schedule to accurately depict the fees the City will charge for licenses and registrations as well as reflect the provisions described in the Building Code. Community Benefit This resolution will amend the fee schedule to provide a clean listing of fees for permits and licenses required by the City of Schertz. Summary of Recommended Action The attached resolution amends City code which details the fees by department and discloses the existing and proposed rates for each type of service. These proposed rate changes will be effective October 14, 2015, excluding the Garbage Rates which will be effective January 1St, 2016. Staff recommends this Ordinance be approved. Council approved Appendix C of the City Code, containing the Schedule of Fees, on final reading at their meeting of August 18, 2015. FISCAL IMPACT There will be no fiscal impact as this resolutions clarifies existing fees and charges. RECOMMENDATION Staff recommends the City Council approve Resolution No. 15 -R -86, amending Appendix C of the Code of Ordinances, Schedule of Fees. ATTACHMENTS Resolution No. 15 -R -86 Fee Schedule (Exhibit "A ") RESOLUTION NO. 15 -R -86 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING ORDINANCE 15 -M -25 FEE SCHEDULE REGARDING INSPECTION PERMITS AND LICENSES AND REGISTRATIONS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City amend Ordinance 15 -M -25 to include clarifying language for certain fire code permits; and WHEREAS, the City Council has determined that it is in the best interest of the City to include these changes in the Schedule of Fees as reflected in Exhibit A; and WHEREAS, the City Council has authorized in Ordinance 15 -M -25 that the fee schedule may be amended by resolution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the amendment to the Schedule of Fees as shown in Exhibit A, attached. 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 13'h day of October, 2015. CITY OF SCHERTZ, TEXAS Mayor Pro-Tem, Jim Fowler ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - City of Schertz Schedule of Fees Summary of Changes 1 2014 -15 2015 -16 2015 -16 Inspections Fence (New and Replaceni zit:) $ 50.00 $ 50.00 $ 50.00 Siding /Fascia $ 75.00 N/C $ 75.00 Licenses/ Registrations: General Contractor (Initial) $150.00 $100.00 $ 150.00 General Contractor (Renewal) $100.00 N/C $100.00 Master Electrician (Initial) State of Texas Issued $150.00 N/C N/C Master Electrician (Renewal) State of Texas Issued $ 75.00 N/C N/C Journeyman Electrician (Annually) State of Texas Issued $ 50.00 N/C N/C Apprentice /Wireman Electrician (Annually) State of Texas Issued $ 25.00 N/C N/C Mechanical Contractor (Annually) State of Texas Issued $ 60.00 N/C N/C Plumbing Contractor (Annually)* State of Texas Issued N/C N/C N/C Irrigation (Annually) State of Texas Issued $ 60.00 N/C N/C Backflow Tester - State of Texas Issued $ 60.00 $ 50.00 N/C Sign Contractor (Initial) $ 50.00 $ 40.00 $ 50.00 Sign Contractor (Renewal) $ 40.00 N/C $ 40.00 Electrical Sign Contractor (Initial) State of Texas Issued $150.00 N/C N/C Electrical Sign Contractor (Renewal) State of Texas Issued $ 75.00 N/C N/C Electric Sign Journeyman Electrician (Annually) State of Texas Issued $ 50.00 N/C N/C Electric Sign Apprentice /Wireman Electrician (Annually) State of Texas Issued $ 25.00 $ 50.00 N/C Utility Contractor (Annually) $ 50.00 $ 40.00 $ 50.00 Mobile Home Park (Annually) $ 40.00 $ 40.00 City of Schertz Schedule of Fees All Departments 2015 -16 Records Requests Standard paper copy, per page $ 0.10 (front and back is 2 pages) Nonstandard -size copy: Oversize paper copy (11" X 17 ") $ 0.50 Specialty paper (Mylar, blueprint, blue line, map, photographic) Actual Certified Copy- Each Certification $ 5.00 Diskette $ 1.00 Magnetic tape - actual cost Actual Data cartridge - actual cost Actual Tape cartridge - actual cost Actual Rewritable CD (CD -RW) $ 1.00 Non- rewritable CD (CD -R) $ 1.00 Digital video disc (DVD) $ 3.00 JAZ drive - actual cost Actual Other electronic media - actual cost Actual Miscellaneous supplies - actual cost Actual Postage and shipping charge actual cost Actual Photographs - actual cost Actual Maps - actual cost Actual Labor charge: For locating, compiling, and $ 15.00 reproducing, per hour (if documents are NOT located in the immediate area and over 50 pages) Overhead charge - % of labor charge 20% Remote document retrieval charge Actual No Sales Tax shall be applied to copies of public information Notary Fees Acknowledgement, Certified Copies, Jurat's, Oaths and Affirmation $ 6.00 Protests- Per Document $ 5.00 Convenience Fees Credit Card Payment Over Phone Return Check Fee $ 1.00 $ 25.00 FA City of Schertz Schedule of Fees City Secretary 1 2015 -16 Candidate Filing Fee $ 25.00 Licenses Package Store $ 250.00 Package Store Tasing $ 12.50 Wine & Beer Retailers $ 87.50 Wine & Beer Retailers - Off premises $ 30.00 Late Hours $ 125.00 Beer on Premises $ 75.00 Wine Only - Package Store $ 37.50 Mix Beverage Permit $ 375.00 Mix Beverage Late Hours $ 75.00 Caterer's Permit $ 250.00 Retail Dealer On- Premises - Late Hours $ 125.00 Local Cartage $ 15.00 City of Schertz Schedule of Fees Library 2015 -16 Non- Resident user fee- Library Card $ 15.00 Meeting Room Fee- Non - Schertz residents, 4 hours $ 50.00 Meeting Room Fee- After hour fee, per hour $ 25.00 Meeting Room Cleaning Fee (Spot Cleaning) $ 50.00 Meeting Room Cleaning Fee (Whole Room) Actual Additional Fee for After Hours Cleaning, per hour $ 25.00 Inter - Library Loans Inter - Library Loan Postage $ 3.00 Inter - Library Loan Materials - Cost of item as billed by the lending library (may Actual include additional fines or fees assessed by the lending library) Inter - Library Loan items per day (3 day grace period) $ 1.00 Overdue Fines (3 day grace period) All Books per day $ 0.25 Max amount that can be charged- Adult Books, per book $ 1.00 Max amount that can be charged- Children's Books, per book $ 1.00 DVDs, CDs, Videos per day $ 0.25 Max that can be charged, per item $ 1.00 Replacement Library Card $ 5.00 Copier, per standard page $ 0.15 (2 -sided copies are the same as 2 pages; oversized copies are the same as 2 pages) Printing, per standard page (2 -sided copies are the same as 2 pages; oversized copies are the same as 2 pages) Black and White $ 0.15 Color $ 0.50 Outgoing Fax, 1st page Per each succeeding page Lost & Damaged Materials - Cost of item plus a processing fee Damaged DVD, Case or Video Case Damaged or Missing Barcode Damaged or Missing RFID Tag Damaged or Missing DVD /Video Cover (if replaceable) plus processing fee Toddler Tote Bag Juvenile Audiobook Bag Note: if an item is lost, no late fines are assigned. If the patron loses part of the item, they owe the full amount, and are not charged late fines. If the lost part is returned, they will not be charged for lost materials but will then be responsible for the previous late fines. $ 1.00 $ 0.25 $ 5.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 2.50 $ 5.00 4 City of Schertz Schedule of Fees Schertz Magazine 2015 -16 Display Ads: Back Cover for 6 mo., per month $ Eighth Page for 6 mo., per month $ 300 Eighth Page for 12 mo., per month $ 275 Quarter Page for 6 mo., per month $ 550 Quarter Page for 12 mo., per month $ 400 Half Page for 6 mo., per month $ 1,000 Half Page for 12 mo., per month $ 700 Full Page for 6 mo., per month $ 1,500 Full Page for 12 mo., per month $ 1,200 Premium Placement: $ 550 Back Cover for 6 mo., per month $ 2,500 Back Cover for 12 mo., per month $ 2,200 Inside Front Cover for 6 mo., per month $ 2,850 Inside Front Cover for 12 mo., per month $ 2,700 Inside Back Cover for 6 mo., per month $ 2,200 Inside Back Cover for 12 mo., per month $ 1,700 Non - Profit Rates for Display Ads: Quarter Page for 1 mo., per month $ 550 Quarter Page for 3 mo., per month $ 300 Quarter Page for 6 mo., per month $ 250 Half Page for 1 mo., per month $ 775 Half Page for 3 mo., per month $ 550 Half Page for 6 mo., per month $ 375 Full Page for 1 mo., per month $ 1,100 Full Page for 3 mo., per month $ 900 Full Page for 6 mo., per month $ 700 5 City of Schertz Schedule of Fees Event Facilities $ 2015 -16 Vendor Fees $ 950.00 Kitchen Fee, per person $ 1.00 Electrical Fee (Tradeshows), per Exhibitor $ 25.00 Linens $ 50.00 Early Open Fee (prior to normal scheduled hours), per staff member per hour $ 25.00 Ice, one bin (80lbs) $ 15.00 Ice, unlimited $ 25.00 Civic Center - Grand Ballroom (7,198 sq. ft) Banquet Package - includes hall rental, tables /chairs, dance floor, AV panel access, ice, F &B(kitchen): Sunday - Full day $ 1,200.00 Sunday - Half day $ 950.00 Mon -Thur - Full day $ 1,000.00 Mon -Thur - Half day $ 875.00 Friday through Saturday, all day (half day not available) $ 2,100.00 Conference package - includes hall rental, tables /chairs, access AV, kitchen, ice: Sunday - Full day $ 900.00 Sunday - Half day $ 650.00 Monday through Thursday - per day $ 700.00 Monday through Thursday - per half day $ 575.00 Friday through Saturday, per day (half day not available) $ 1,800.00 Regular Rentals Monday through Thursday, all day $ 500.00 Monday through Thursday, half day $ 375.00 Friday through Saturday, all day (half day not available) $ 1,600.00 Sunday, all day $ 700.00 Sunday, half day $ 450.00 Stage $ 200.00 Dance Floor $ 200.00 Damage/ Cancellation Deposit $ 500.00 Audio /Visual Services (contracted) $ 175.00 Additional time, per hour $ 50.00 Audio /Visual Panel Access $ 75.00 Approved Setup Kit (required for catered events) $ 25.00 and will be applied to rent if booked Cancellation fee ** $50.00 A City of Schertz Schedule of Fees Event Facilities 1 2015 -16 Civic Center Cut -Off Hall (Larger portion of Ballroom - 4,172 sq ft) Banquet Package - includes hall rental, tables /chairs, dance floor, AV panel access, ice, F &B(kitchen): Sunday - Full day $ 1,000.00 Sunday - Half day $ 825.00 Mon -Thur - Full day $ 825.00 Mon -Thur - Half day $ 750.00 Friday through Saturday, all day (half day not available) $ 1,700.00 Conference package - includes hall rental, tables /chairs, access AV, kitchen, ice: Sunday - Full day $ 700.00 Sunday - Half day $ 525.00 Monday through Thursday - per day $ 525.00 Monday through Thursday - per half day $ 450.00 Friday through Saturday, per day (half day not available) $ 1,500.00 Regular Rentals Monday through Thursday, per day $ 325.00 Monday through Thursday, half day $ 250.00 Friday and Saturday, per day $ 1,200.00 Sunday, per day $ 500.00 Sunday, half day $ 325.00 Stage $ 200.00 Dance Floor $ 200.00 Damage/ Cancellation Deposit $ 500.00 Audiovisual Services for 4 hours (Both rooms) $ 175.00 Additional time, per hour $ 50.00 Audio /Visual Panel Access $ 75.00 Approved Setup Kit (required for catered events) $ 25.00 and will be applied to rent if booked Cancellation fee ** $50.00 7 City of Schertz Schedule of Fees Event Facilities 1 2015 -16 Civic Center Conference Ball (Smaller portion of Ballroom - 3,026 sq ft) Conference package - includes hall rental, tables /chairs, access AV, kitchen, ice: Sunday - Full day $ 600.00 Sunday - Half day $ 450.00 Monday through Thursday - per day $ 450.00 Monday through Thursday - per half day $ 375.00 Regular Rentals $ 600.00 Monday through Thursday, per day $ 250.00 Monday through Thursday, half day $ 175.00 Sunday, per day $ 400.00 Sunday, half day $ 250.00 Not Available on Friday and Saturday $ 325.00 Audiovisual Access $ 25.00 Approved Setup Kit (required for catered events) $ 25.00 and will be applied to rent if booked Cancellation fee ** $ $50.00 Civic Center - Bluebonnet Fall (2,500 sq ft) Banquet Package - includes hall rental, tables /chairs, AV panel access, ice, kitchen: Sunday - Full day $ 400.00 Sunday - Half day $ 300.00 Mon -Thur - Full day $ 325.00 Mon -Thur - Half day $ 225.00 Friday through Saturday, all day (half day not available) $ 600.00 Conference package - includes hall rental, tables /chairs, access AV, kitchen, ice: Sunday - Full day $ 400.00 Sunday - Half day $ 300.00 Monday through Thursday - per day $ 325.00 Monday through Thursday - per half day $ 225.00 Friday through Saturday, per day (half day not available) $ 600.00 Regular Rentals Monday through Thursday, all day $ 225.00 Monday through Thursday, half day $ 125.00 Friday through Saturday, all day (half day not available) $ 500.00 Sunday, all day $ 300.00 Sunday, half day $ 200.00 Damage/ Cancellation Deposit $ 200.00 Kitchen $ 75.00 Audiovisual Access $ 25.00 Approved Setup Kit (required for catered events) $ 25.00 and will be applied to rent if booked Cancellation fee ** $50.00 City of Schertz Schedule of Fees Event Facilities 1 2015 -16 Community Center North- 3501 Morning Dr (2,006 sq ft) Monday- Thursday, all day $ 150.00 Monday- Thursday, half day $ 100.00 Friday- Saturday, all day (half day not available) $ 300.00 Sunday, all day $ 200.00 Sunday, half day $ 125.00 Damage/ Cancellation Deposit $ 200.00 Approved Setup Kit (required for catered events) $ 25.00 and will be applied to rent if booked $ 200.00 Cancellation fee ** $ $50.00 Community Center Central Monday- Thursday, per day $ 150.00 Monday - Thursday, half day $ 100.00 Friday- Saturday, per day $ 400.00 Sunday, per day $ 250.00 Sunday, half day $ 150.00 Stage $ 100.00 Projector /Screen /Microphone $ 50.00 Damage/ Cancellation Deposit $ 200.00 Approved Setup Kit (required for catered events) $ 26.00 and will be applied to rent if booked Cancellation fee ** $50.00 Churches, governmental entities, 501 (c) 3 and civic groups who provide a service to the residents of Schertz will receive a 25% discount on the above facility rental rates. * *If damage/ cancellation fee is NOT forfeited, cancellation fee will be withheld from deposit. If forfeited, no additional fee will be withheld. N City of Schertz Schedule of Fees Parks and Recreation 2015 -16 Pavilion Rental Rates - Small Pavilion Schertz Residents Rental Fee (6am -2pm) or (3pm -11pm) $ 55.00 Rental Fee all day $ 85.00 Monday - Thrusday 50% discount on rates Non - Schertz Residents Rental Fee (6am -2pm) or (3pm -11pm) $ 90.00 Rental Fee all day $ 135.00 Monday - Thrusday 50% discount on rates Pavilion Rental Rates - Large Pavilion Schertz Residents WITHOUT KITCHEN Rental Fee $ 100.00 Monday - Thrusday 50% discount on rates WITH KITCHEN /RESTROOMS Rental Fee $ 200.00 Monday - Thrusday 50% discount on rates Damage Deposit $ 200.00 Non - Schertz Residents WITHOUT KITCHEN Rental Fee $ 150.00 Monday - Thrusday 50% discount on rates WITH KITCHEN /RESTROOMS Rental Fee $ 300.00 Monday - Thrusday 50% discount on rates Damage Deposit $ 200.00 10 City of Schertz Schedule of Fees Parks and Recreation 2015 -16 Pools Daily Rates Per swimmer per entry $ 2.00 Daily pass $ 3.00 Admission is free for children under the age of 2 years. Season Rates - Maximum per season pass is six (6) members Schertz Residents Individual rate $ 40.00 2 member rate $ 50.00 3 member rate $ 60.00 4 member rate $ 70.00 5 member rate $ 80.00 6 member rate $ 90.00 Non- Schertz Residents Individual rate $ 70.00 2 member rate $ 80.00 3 member rate $ 90.00 4 member rate $ 100.00 5 member rate $ 110.00 6 member rate $ 120.00 Regular Preschool /Child Care Center Teacher /Child Care Attendant and 5 students per pass. In City $ 80.00 Out of City $ 120.00 11 City of Schertz Schedule of Fees Parks and Recreation 1 2015 -16 * *THESE RATES NOW SET BY CONTRACTOR ** Swimming lessons rate Schertz Residents - per child ** Non- Residents - per child ** Pool Reservations Schertz Residents 1 to 50 People ** 51 to 100 People ** 101 to 150 People ** 151 to 200 People ** 201 to 250 People ** 251 to 293 People ** Non- Residents 1 to 50 People ** 51 to 100 People ** 101 to 150 People ** 151 to 200 People ** 201 to 250 People ** 251 to 293 People ** Northcliffe Pool Schertz Residents 1 to 50 People (2 hours maximum) ** 50 to 100 People (2 hours maximum) ** Non - Residents 1 to 50 People (2 hours maximum) ** 50 to 100 People (2 hours maximum) ** **THESE RATES NOW SET BY CONTRACTOR ** 12 City of Schertz Schedule of Fees Animal Services $ 2015 -16 Pet License $ 150.00 Standard fee, $ 5.00 license per year per spayed or neutered animal $ 100.00 Standard fee, $ 10.00 license per year per un- spayed or un- neutered animal $ 75.00 Replacement tags (if lost) $ 2.00 Permits - A permit shall be issue after payment of application fee: Kennel authorized to house 10 or less dogs or cats $ 75.00 Kennel authorized to house more than 10 but less than 50 $ 150.00 Kennel authorized to house 50 or more $ 200.00 Pet Shop $ 100.00 Grooming Shop $ 30.00 Commercial Riding Stable 10 or less $ 75.00 Commercial Riding Stable 11 -50 $ 150.00 Commercial Riding Stable 51 or more $ 200.00 Annual Crescent Bend Riding Permit, per horse $ 100.00 Auction $ 100.00 Zoological Park $ 200.00 Animal Exhibition /Circus /Petting Zoo $ 100.00 Guard Dog Training Center $ 200.00 Obedience Training Center $ 50.00 Commercial Establishment Using a Guard Dog $ 75.00 Commercial Annual Sellers Permit $ 150.00 Dangerous Dog Permit $ 200.00 Temporary Permit* - not to exceed 7 days $ 15.00 *Good for Crescent Bend Riding (per horse), Animal Exhibition /Circus /Petting Zoo, and Auction Permits Temporary Animal Sales Permit (Pet Expos), not to exceed 3 days $ 30.00 Impoundment Fee: An impoundment fee must be paid for each captured animal Dog /Cat Impoundment Within a 1 year period 1st Offense Neutered $ 30.00 Un- neutered $ 45.00 2nd Offense Neutered $ 50.00 Un- neutered $ 70.00 3rd Offense Neutered $ 100.00 Un- neutered $ 120.00 4th Offense Neutered $ 150.00 Un- neutered $ 170.00 Each Additional Offense Base- Neutered $ 150.00 Base- Un- neutered $ 170.00 Per Additional Offense $ 50.00 Fowl or other small animal $ 30.00 Livestock $ 75.00 Zoological/ Circus animal $ 200.00 13 City of Schertz Schedule of Fees Animal Services I 2015 -16 Boarding Fee: A boarding fee must be paid for each animal Dog /Cat, per day $ 15.00 Fowl or other small animal, per day $ 10.00 Reptile, per day $ 30.00 Livestock, per day $ 50.00 Zoological/ Circus animal, per day $ 200.00 Surrender Fee: Charge per animal with proof of Schertz residency Fowl /Reptile /Small Animal $ 10.00 Dog /Cat neutered /spayed /current rabies cert. /heartworm negative $ 35.00 Dog /Cat all other surrenders $ 65.00 Small Livestock $ 50.00 Large Livestock $ 100.00 Zoological or Circus $ 200.00 Litter Fee (3 or more animals under 2 months old) $ 75.00 Quarantine Fee: Dog /Cat $ 50.00 Plus Daily Charge per animal for boarding $ 15.00 Micro Chipping $ 15.00 Trap Rental Fee: Trap Deposit, refundable when trap is returned $ 75.00 Trap Rental Fee, per day $ 5.00 14 City of Schertz Schedule of Fees Marshal Service I 2015 -16 Health Division Food Establishment Fees: Non - Profit Organizations (regardless of number of employees) $ 100.00 1 -3 Employees $ 150.00 4 -6 Employees $ 285.00 7 -10 Employees $ 540.00 11 -20 Employees $ 575.00 21+ Employees $ 725.00 Temporary Food and /or Beverage Establishment $ 50.00 Food Handlers Class, for each employee attending the class $ 30.00 Food Handler Permit, online class $ 20.00 Mobile Vendors $ 150.00 Public and HOA Swimming Pool License $ 110.00 Foster Care $ 50.00 Re- inspection fees $ 75.00 * City Code Violation Court Fee $ 10.00 Nuisance Abatement Administrative Fee $ 100.00 *Any citation issued by individuals defined in Section 22 -40 (Authority to issue notice of violations), shall be able to collect a dismisal fee from an individual who abates such violation upon their court appearance. Judge Stephen Takas suggested that we charge a dismisal fee to remedy some of the expenses incurred from the issuance of such citation. Sanitation Inspection Fees - Outside of City Hourly Charge, one hour minimum Mileage over 15 miles, per mile Administrative Fee $ 50.00 $ 5.00 15% 15 City of Schertz Schedule of Fees Police Department 2015 -16 Alarm Permit Fees Residential - Annually $ 10.00 Tier 1 Commercial $ 25.00 Tier 2 Commercial site alarm system required $ 50.00 under local, state or national code Alarm Service Fees: Other than Burglar Alarms 4TH False Alarm within 12 Mo. Period $ 100.00 5TH False Alarm within 12 Mo. Period $ 150.00 6TH False Alarm within 12 Mo. Period $ 200.00 7TH False Alarm within 12 Mo. Period $ 250.00 8TH False Alarm within 12 Mo. Period $ 500.00 Others After 8TH within 12 Mo. Period $ 500.00 Burglar Alarm Service Fees: 4TH False Alarm within 12 Mo. Period $ 50.00 5TH False Alarm within 12 Mo. Period $ 50.00 6TH False Alarm within 12 Mo. Period $ 75.00 7TH False Alarm within 12 Mo. Period $ 75.00 8TH False Alarm within 12 Mo. Period $ 100.00 Others After 8TH within 12 Mo. Period $ 100.00 Miscellaneous Fees Accident Reports, each $ 6.00 Fingerprints, per set $ 10.00 Solicitor/ Peddler Permit $ 50.00 Background Check Fee $ 10.00 16 City of Schertz Schedule of Fees Fire Department and Haz -Mat Fees $ 150.00 2015 -16 Permit Fee Schedule 25.00 Tents Certificate of Occupancy - Inspections $ 50.00 License Inspections $ 50.00 Base Fire Suppression System Installation $ 100.00 Additional installation charge, per sprinkler head $ 1.00 Base Fire Alarms Installation $ 100.00 Additional installation charge, per initiating or notification device $ 1.00 Re- Inspection $ 45.00 Smoke Control System Plan (for each review) $ 75.00 Flammable or combustible liquid tanks, each review $ 150.00 Flammable or combustible gas tanks, each review $ 150.00 After hours fee, per hour per inspector $ 60.00 (beyond the hours of 8:00 a.m. to 5:00 p.m.) 50.00 Spraying and Dipping Plan Review Fees, construction per hour $ 50.00 Fireworks display permit $ 250.00 Operational Permits Open or Control Burn - Commercial $ 150.00 Open or Control Burn - Non - commercial $ 25.00 Tents $ 50.00 Cutting and Welding $ 50.00 Explosives $ 50.00 Flammable Storage $ 50.00 Carnivals and Fairs $ 50.00 Food Booth (per booth, per event) $ 25.00 Mobile Food Establistments (annual) $ 25.00 Battery Systems $ 50.00 Combustible Dust Product Options $ 50.00 Cryogenic Fluids $ 50.00 Haz -mat $ 50.00 Lumberyards $ 50.00 Spraying and Dipping $ 50.00 Storage of Tires $ 50.00 Operation Charges Hazardous materials operations service fees. (a) Communications. The following fees for dispatching shall be charged for fire department response: 1. Dispatch fee, $ 75.00 Administration Fee 15% (b) Apparatus. The following fees shall be charged for emergency response operations. 1. Class A pumper, per hour $ 250.00 2. Aerial apparatus, per hour $ 300.00 3. Tanker apparatus, per hour $ 175.00 4. Rescue truck, per hour $ 150.00 5. Command unit, per hour $ 75.00 6. Rescue boat, per hour $ 150.00 7. Rehab unit, per hour $ 75.00 8. Staff vehicle, per hour $ 75.00 9. Brush truck, per hour $ 150.00 NOTE: Non - emergency, standby and returning to services fees will be charged at one -half the hourly rate: 17 City of Schertz Schedule of Fees Fire Department and Haz -Mat Fees $ 2015 -16 (c) Personnel. The following fees for personnel shall be charged for operations 35.00 3. Bunker coat, each response: 989.00 4. Bunker pants, each $ 1. Firefighter, per hour $ 20.00 2. Haz -mat tech, per hour $ 25.00 3. Haz -mat operation, per hour $ 25.00 4. Fire inspectors, per hour $ 30.00 5. Fire investigators, per hour $ 30.00 6. Incident commander, per hour $ 40.00 (d) Haz -mat. The following fees for Haz -mat supplies shall be charged for $ 25.00 operations response: 1. Absorbent, per bag $ 15.00 2. Drum liners, each $ 10.00 3. Lite -dri, per 50 lb. bag $ 20.00 4. Top -sol, per bag $ 30.00 S. Barricade tape, per roll $ 20.00 6. Poly sheeting, per roll $ 50.00 7. Plug and patch kit, Plug 'n Dike $ 205.00 8. Plug and Dike Kit Complete $ 50.00 9. Disposable coveralls, each $ 45.00 10. Latex gloves, pair $ 5.00 11. Disposable goggles, pair $ 10.00 12. Broom, each $ 40.00 13. Shovel, each $ 50.00 (e) Protective equipment replacement. The following fees for damaged or contaminated protective equipment shall be charged for operations response: 1. Helmet, each $ 250.00 2. Nomex hood, each $ 35.00 3. Bunker coat, each $ 989.00 4. Bunker pants, each $ 983.00 5. FF boots, pair $ 120.00 6. FF gloves, pair $ 49.00 (f Firefighting agents. The following fees for specialized fire protection supplies shall be charged for operations response: 1. AFFF foam, per gallon $ 75.00 2. Class A foam, per gallon $ 65.00 3. Light water, per gallon $ 20.00 4. Micro - clean, per gallon $ 30.00 5. Star -dust, per 15 lb. bag $ 25.00 18 City of Schertz Schedule of Fees Fire Department and Haz -Mat Fees 2015 -16 (g) Firefighting equipment replacement. The following fee for damaged or is not herein listed may be charged at actual replacement costs. contaminated equipment shall be charged for operations response: 1. Hose 1.0" (each 50') $ 255.00 2. Hose 1.75" (each 50') $ 350.00 3. Hose 2.5" (each 50') $ 172.00 4. Hose 3.0" (each 50') $ 225.00 5. Hose 5.0" (each 100') $ 950.00 6. Hose 1.0" booster (each 50') $ 270.00 7. SCBA air mask (each) $ 375.00 8. SCBA air mask complete (each) $ 6,555.00 9. SCBA spare cylinders (each) $ 1,255.00 10. 12' roof ladder (each) $ 330.00 11. 14' roof ladder (each) $ 375.00 12. 24' extension ladder (each) $ 525.00 13. 35' extension ladder (each) $ 925.00 14. A -frame combo ladder (each) $ 480.00 15. PASS alarm (each) $ 200.00 16. Portable radio, each $ 3,400.00 17. Fog nozzle 1.5- 1.75 ", each $ 645.00 18. Fog nozzle 1.0 ", each $ 540.00 19. Fog nozzle 2.5 ", each $ 705.00 20. Fog nozzle 2.5" master, each $ 847.00 21. Stacked tips w /shaper, each $ 566.00 22. Deluge monitor w/o pie and tips, each $ 2,575.00 23. Foam aerator tube, each $ 396.00 24. 8' attic folding ladder, each $ 230.00 25. 10" attic folding ladder, each $ 255.00 Note: This list is not all- inclusive of equipment that may be damaged or contaminated during the course of a response effort. Additional equipment that is not herein listed may be charged at actual replacement costs. (h) Rescue equipment used. The following fees for rescue equipment used shall be charged for operations response: 1. Spreaders, per hour $ 125.00 2. Cutters, per hour $ 125.00 3. Ram(s), per hour $ 125.00 4. Porta power, per hour $ 55.00 5. Ajax cutting tool, per hour $ 35.00 6. Saws -all, per hour $ 65.00 7. Air impact tools, per hour $ 85.00 8. Oxygen with mask, per hour $ 90.00 9. Air bags, per hour $ 175.00 (i) Fire equipment used. 19 City of Schertz Schedule of Fees Fire Department and Haz -Mat Fees 2015 -16 The following fees for fire equipment used shall be charged for operations response: 1. Camera w /pictures, each set $ 35.00 2. Cellular phone w /long dist. Chg. $ 25.00 3. Command light $ 250.00 4. Tripod light, each $ 25.00 5. Hand lights, each $ 15.00 6. Water extinguisher, each $ 15.00 7. ABC extinguisher, each $ 40.00 8. CO2 extinguisher, each $ 40.00 9. Chain Saw, per hour $ 40.00 10. Rescue (K -12) saw, per hour $ 40.00 11. Generator, per hour $ 45.00 12. PPV fans, per hour $ 50.00 13. Halligan tool $ 20.00 14. Bolt cutters (HD) $ 20.00 15. Salvage covers, each $ 25.00 16. Hall runner, each $ 15.00 17. Rolls of plastic, each $ 30.00 18. Gas plug /gasoline plug kit $ 45.00 19. Explosive meter $ 180.00 20. SCBA, each $ 75.00 21. Refill SCBA bottle, each $ 8.00 22. Barricade /scene tape $ 20.00 23. Tank, portable /fold -a -tank $ 150.00 24. Flappers /fire brooms, each $ 10.00 25. K -Tool $ 20.00 26. Stokes basket w /bridle $ 85.00 27. Windshield tool $ 10.00 28. Kendrix extrication device $ 95.00 29. All other non - listed items Cost plus administration fee 15% 20 City of Schertz Schedule of Fees EMS 2015 -16 Response Services Ambulance Standby, per hour Aid Call $ 200.00 Air Medical Assist Call $ 700.00 BLS Non- Emergency $1,090.00 BLS Emergency $1,210.00 ALS Non Emergency $1,230.00 ALS Emergency No Specialty Care $1,440.00 ALS Emergency W \ Specialty Care $1,600.00 Mileage, per mile $ 20.00 Other Services Ambulance Standby, per hour $ 125.00 Gator Standby, per hour $ 95.00 AED Supplies Actual CPR Class and Supplies Actual System Continuing Education Actual Vaccinations Actual EMT Class $1,000.00 Passport to Care - Single (insured) $ 50.00 Passport to Care - Family (insured) $ 60.00 Passport to Care - Single (Not insured) $ 65.00 Passport to Care - Family (Not insured) $ 75.00 Per Capita $ 13.75 21 City of Schertz Schedule of Fees Planning and Zoning 2015 -16 Plat recording service: Fees assessed are due prior to recording: Plat recording fee is equal to the fee charged by the County Clerks Office Annexation Petition by Property Owner - Plus all related fees $ 750.00 Zone Change Zone change for 0 to 2 acres $ 650.00 Zone change for 2+ to 5 acres $ 1,000.00 Zone change for 5+ to 20 acres $ 2,000.00 Zone change for 20+ to 50 acres $ 3,500.00 Zone change for 50+ to 100 acres $ 4,000.00 Zone change for 100+ acres $ 6,000.00 Specific Use Permit (SUP) - plus other applicable items (i.e. Site Plan) Specific Use Permit (SUP) for 0 to 2 acres $ 650.00 Specific Use Permit (SUP) for 2+ to 5 acres $ 1,000.00 Specific Use Permit (SUP) for 5+ to 20 acres $ 2,000.00 Specific Use Permit (SUP) for 20+ to 50 acres $ 3,500.00 Specific Use Permit (SUP) for 50+ to 100 acres $ 4,000.00 Specific Use Permit (SUP) for 100+ acres $ 6,000.00 Building addition of a current /legal SUP $ 500.00 Master Development Plan All phased developments and PDD's $ 1,500.00 Master Development Plan Amendment (minor revision) $ 500.00 Preliminary Plat 0 to 50 acres $ 2,000.00 greater than 50 acres $ 3,000.00 Final Record Plat or Re -plat 0 to 50 acres $ 1,500.00 greater than 50 acres $ 2,000.00 Revised Final Plat (minor) $ 500.00 Amended Plat $ 1,500.00 Minor Plat $ 1,500.00 Vacate Plat $ 1,500.00 Plat Time Extension - plus all related fees $ 250.00 Street and Subdivision Name Changes $ 1,500.00 22 City of Schertz Schedule of Fees Planning and Zoning 2015 -16 Site Plan $ 1,500.00 Amended Site Plan (minor) $ 500.00 Time Extension $ 250.00 Park Fees - Residential Land Dedication: one (1) acre per 100 dwelling unit Fee in Lieu of Land Dedication: per dwelling unit $ 350.00 Park Development Fee: Per Dwelling unit $ 650.00 Park Fees - Multi - Family Land Dedication: one (1) acre per 100 dwelling unit Fee in Lieu of Land Dedication; per dwelling unit: $ 350.00 Park Development Fee: Per Dwelling unit $ 650.00 Miscellaneous Tree Mitigation, inch of DBH - Plus all related fees $ 100.00 Second and subsequent development reviews per quarter hour $ 300.00 Zoning Verification Letter - Single tract of land per Tract $ 150.00 Certificate of Determination - Single Tract of Land per Tract $ 150.00 Postponement of any Public Hearing by the Applicant $ 350.00 Appeals and requests for amendments Considered by City Council, the Planning & Zoning Commission, or the Board of Adjustment as allowed by the Unified Development Code: $ 750.00 Variance and/or Waivers Unified Development Code, ea. $ 500.00 Building Code, ea. $ 500.00 Driveway width waiver requests will not be assessed with the waiver fee Copies, Plans, and Maps: Unified Development Code $ 50.00 Public Works Specification Manual $ 50.00 Staff Review - Application completeness review, internal SDR (staff) review & meeting with applicant to review application package. Fee included in all applications. 23 City of Schertz Schedule of Fees Inspections 2015 -16 Building Permit Fees New Construction Per Square Foot - Residential $ 75.00 New Construction - Commercial Cost Review of Projects and Construction Plans with a cost of $5,000 or greater, as % of Permit Fee 50% All plan review fees that follow are subject to a 15% administrative fee Drainage Plan Review, per hour (2 hour minimum) $ 100.00 Preliminary Plan Review, per hour (2 hour minimum) $ 100.00 Irrigation Plan Review, per hour (2 hour minimum) $ 100.00 Additional Plan Review (ie Revised), per hour (1 hour minimum) $ 100.00 Commercial/ Civil Express Plan Review, per hour (2 hour minimum)* TBD Commercial/ Civil Outsource Plan Review* Actual *Deposit Required Construction beginning without permit, pay additional: $ 200.00 Failure to Request Inspection, per trade $ 100.00 Failure to Obtain Contractors License /Provide Insurance $ 100.00 Permit Fees: Cost of Construction (Cost) $0.00 to $1,000.00 $ 50.00 $1,001.00 to $15,000.00, for each additional $1,000 and fraction thereof $ 8.00 $15,001.00 to $50,000.00, for each additional $1,000 and fraction thereof $ 7.00 $50,001 and up, for each additional $1,000 and fraction thereof $ 6.00 Following Use The Cost of Construction (Cost) Table: $ 25.00 Certificate of Occupancy Flatwork/ Deck Pre Certificate of Occupancy Inspection Cost Accessory Buildings $ 200.00 Cost Patio /Patio Cover Cost Roof Replacement Cost Window Replacement Cost Swimming Pools in Ground Cost Swimming Pools above Ground Cost Sign Cost Foundation Repair Cost Fence (New and Replacement) $ 50.00 Siding /Fascia $ 75.00 Gutters $ 50.00 Temporary Building or Structure $ 50.00 Moving Permit Fee $ 100.00 Demolition Permit Fee $ 60.00 Mobile Home Permit Fee (plus sub - trades as necessary) $ 25.00 Certificate of Occupancy $ 50.00 Pre Certificate of Occupancy Inspection $ 200.00 Failure to Obtain Certificate of Occupancy $ 200.00 Compliance Inspection, each trade $ 50.00 24 City of Schertz Schedule of Fees Inspections 1 2015 -16 Temporary Sign $ 30.00 Development Sign $ 100.00 Banner $ 25.00 Street Span Banner $ 25.00 Garage Sale Permit; Includes 2 signs, limit 4 events per year $ 22.00 HOA Garage Sale Permit $ 50.00 Two additional garage sale signs; each $ 5.00 Home Occupation Permit (annually) $ 35.00 Electrical Permit Fees Electrical Repair/ Replacement $ 60.00 New Construction per building /unit $ 100.00 Mechanical Permit Fees Mechanical Repair/ Replacement $ 60.00 New Construction per building /unit $ 100.00 Plumbing Permit Fees Plumbing Repair/ Replacement $ 60.00 New Construction per building /unit $ 100.00 Lead Solder Test $ 15.00 Irrigation Permit Fees Permit Fee $ 60.00 plus per sprinkler head $ 1.00 plus per backflow or RPZ $ 3.00 subsequent to the installation of the piping or equipment served, each Re- Inspection Fees Each re- inspection, per trade $ 75.00 Re- inspections after first, per trade $100.00 NOTE: if re- inspection has been called for and the second inspection revealed the original turn down items have not been corrected in part or whole, in addition to the above fees, a seventy -two (72) hour notice of inspection shall be required before another re- inspection will be conducted No inspection fees will be charged for sites located on Main St. W City of Schertz Schedule of Fees Inspections ( 2015 -16 General Contractor (Initial) $ 150.00 General Contractor (Renewal) $100.00 Master Electrician (Initial) State of Texas Issued N/C Master Electrician (Renewal) State of Texas Issued N/C Journeyman Electrician (Annually) State of Texas Issued N/C Apprentice /Wireman Electrician (Annually) State of Texas Issued N/C Mechanical Contractor (Annually) State of Texas Issued N/C Plumbing Contractor (Annually)* State of Texas Issued N/C Irrigation (Annually) State of Texas Issued N/C Backflow Tester - State of Texas Issued N/C Sign Contractor (Initial) $ 50.00 Sign Contractor (Renewal) $ 40.00 Electrical Sign Contractor (Initial) State of Texas Issued N/C Electrical Sign Contractor (Renewal) State of Texas Issued N/C Electric Sign Journeyman Electrician (Annually) State of Texas Issued N/C Electric Sign Apprentice /Wireman Electrician (Annually) State of Texas Issued N/C Utility Contractor (Annually) $ 50.00 Mobile Home Park (Annually) $ 40.00 *N /C - No Charge for license per state law Miscellaneous Fees Additional Permit Copies $ 5.00 Street Name Change on Permit $ 30.00 Duplicate of Licenses/ Registrations $ 5.00 Address Corrections $ 30.00 Notary Public $ 6.00 Administrative Fee for Cancellation of Permit 10% of permit fee For any item not specifically included in the preceding schedule, the Development Services Department shall establish a fee consistent with the level of work and necessary inspections established by the schedule and the applicant shall be advised accordingly. iz City of Schertz Schedule of Fees G.I.S. 1 2015 -16 Available Maps: Municipal & Extraterritorial Jurisdiction Boundary Map, Current Zoning Map and Major /Minor Thoroughfare Map Standard size 11" x 17" $ 5.00 Standard size 30" x 40" $ 30.00 Optional size 8.5" x 11" $ 5.00 Optional size 17" x 22" $ 20.00 Optional size 22" x 34" $ 35.00 Optional size 34" x 44" $ 75.00 Standard size maps are available for download in Portable Document Format (PDF) on the City Website free of charge. www.schertz.com/maps-gis.html 27 City of Schertz Schedule of Fees Engineering 2015 -16 Grading and Clearing Permit - Acreage For non - agricultural purposes Below 5 acres $100.00 5 to 20 acres $250.00 Per acre over 20, plus base charge for 20 acres $ 3.00 Over 100 acres $490.00 Reinspection Fee $ 50.00 Grading and Clearing Permit Fees are waived for applicants representing Home Owner's Associations proposing maintenance activities in drainage easements. 28 City of Schertz Schedule of Fees Drainage Fees 2015 -16 Charge Per Residence $ 5.20 Commercial, per LUE Floodplain Permit $ 5.20 $ 20.00 29 City of Schertz Schedule of Fees Business Office 1 2015 -16 Water Deposit 2 free extensions 50.00 In City $ 125.00 Out of City $ 150.00 Commercial $ 100.00 or 2 1/2 times estimated monthly billing $ 2.5 times Disconnect Fee $ 20.00 Extension Fee $ 5.00 2 free extensions 50.00 Transfer Fee $ 10.00 Garbage Deposit Residential $ 25.00 Commercial $ 100.00 or 2 1/2 times estimated monthly billing 2.5 times Meter Flow Test After Hours Disconnect/ Reconnect $ 50.00 City Field Test $ 10.00 City Meter Bench Flow Test $ 25.00 Schertz Seguin Water Customers $ 4.00 Non - Schertz Seguin Customer $ 15.00 Extended Absence Charge $ 10.00 Re- Installation Fee, per hour $ 50.00 Fire Hydrant Fee Deposit $ 200.00 Service Fee $ 50.00 Base Rate $ 90.00 30 City of Schertz Schedule of Fees Public Works - Streets 2015 -16 Chipping charges, per half hour $ 25.00 Garbage Collection Fees I 2015 -16 Residential: Class I: Residential, Single Family, per month $ 12.05 2 Cart pick up $ 18.05 3 Cart Pick up $ 24.08 4 Cart Pick up $ 30.09 Recycling Fee, per month /container $ 1.99 Special Pickup: Move Ins, Special Tree Trimmings, oversize $ 16.79 materials, & similar circumstances; minimum Class IA: Residential, Front Curb, per month $ 17.59 Class 1B: $ 12.05 Once a week residential pick -up in selected areas. (Contractor will provide a 96 gallon cart at no charge); per month Class II: Mobile Home Parks $ 9.61 Mobile Home Parks (2 or more mobile homes) (based on number in park on the 15th day of the month), per unit/ monthly Class III: Apartments $ 9.61 per unit /monthly Class IV: Motels $ 4.24 per unit /monthly 2 Commercial Class V: $ 15.25 Offices, barber shops and Professional services, per month Class VI: $ 26.30 Light retail, wholesale, commercial or industrial, 2000 to 4000 square feet and excluding large grocery stores, etc., per month Class VII: $ 38.20 Medium retail, wholesale commercial or industrial (2000 to 4000 square feet and exclude large grocery store, etc.), per month 2 Cart, 1 pickup per week $ 39.43 31 City of Schertz Schedule of Fees Garbage Collection Fees 2015 -16 Class VIII: Heavy Volume retail wholesale, commercial, or industrial (placement determined by a time and cost study of refuse generation and collection. The categories in this class usually require hand loading from rooms or pens and would not apply when commercial containers are used.) A. Two weekly pickups of 1.5 cubic yard containers, excluding large grocery, furniture or department stores, per month $ 67.87 B. Two weekly pickups of 3 cu. Yard containers, excluding large grocery, furniture or department stores, etc., per month $ 135.73 C. Three weekly pickups of 3 cu. Yard containers, excluding large grocery, furniture or department stores, etc., per month $ 212.09 D. Four weekly pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc., per month $ 254.47 E. Five weekly pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc., per month $ 339.31 F. Six weekly pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc., per month $ 424.20 G. Customer requiring more than four (4) cu. Yds each pickup would be charged per cu. Yds. Collected., per yard $ 4.70 32 City of Schertz Schedule of Fees Garbage Collection Fees 2015 -16 3. Commercial Containers. CONTRACTOR will provide commercial containers to those customers who desire to use them in lieu of garbage cans. The use of such CONTRACTOR provided containers is required by this contract. Rates for containers and pickup will be based on the following table: Container Size: Frequency of Pickup 2015- 16/2016 -17 1 2 3 4 5 6 2 cu. Yard $ 57.73 $ 98.30 $ 118.74 $ 135.74 $ 152.71 $ 169.66 3 cu. Yard $ 69.58 $ 125.52 $ 173.07 $ 198.47 $ 223.96 $ 249.39 4 cu. Yard $ 86.48 $ 149.34 $ 203.58 $ 245.99 $ 288.44 $ 330.85 6 cu. Yard $ 122.20 $ 203.58 $ 279.96 $ 356.33 $ 432.60 $ 508.97 8 cu. Yard $ 144.23 $ 262.97 $ 364.73 $ 466.56 $ 569.08 $ 670.17 10 cu. Yard $ 166.24 $ 305.35 $ 432.60 $ 542.94 $ 653.18 $ 763.44 33 City of Schertz Schedule of Fees Garbage Collection Fees 2015 -16 4. Roll -Off Rates Per Pull Open Top Containers - Dry Material 20 cu. Yard $ 313.85 30 cu. Yard $ 373.22 40 cu. Yard $ 432.60 Roll -off Rental (no pulls within billing cycle) $ 129.78 per container per month Collection and Disposal of Municipal Wastes S. Wet Material Rates on Compactor containers or open top containers with wet material must be negotiated with customers at the time they are needed. This type of waste must be hauled to a Type I landfill which generally has a higher disposal rate attached to it. Roll -off Container Delivery Charge per container $ 37.82 Roll -off Relocation or Trip Charge per container $ 37.82 2 cu. Yard compactor, per month (2 services per week) $ 223.61 Extra pick ups (2 yard compactor), each $ 84.78 4 cu. Yard compactor, per month (2 services per week) $ 460.66 30 cu yard Compactor, per pull $ 568.36 40 cu yard Compactor, per pull $ 675.25 30 cu yard Open -top (Recycle), per pull $ 211.95 Front -Load container extra pick -up charges 2 cu yard $ 28.84 3 cu yard $ 36.05 4 cu yard $ 43.27 6 cu yard $ 50.48 8 cu yard $ 57.69 10 cu yard $ 64.89 OVER WEIGHT CHARGE $ 28.93 To address non standard requests, the solid waste contractor can negotiate a fee with the customer requesting the service. The City will collect 15% of the negotiated fee per the franchise agreement. 34 City of Schertz Schedule of Fees Sewer Rates 2015 -16 Residential Rates (Single Family) Base Rate -per month $ 9.22 Per 1,000 gal Charge, Per Month City line Maintenance fee plus Franchise fee $ 0.36 User Charge based on 100% of avg consumption mo. $ 3.15 User avg. based on Nov, Dec, and Jan, min. 500 gals. Per 1,000 gal charge Total- 12,000 gallons or less $ 3.51 greater than 12,000 gallons $ 6.95 Business and Multi - family Dwelling Units: Base Rate per month $ 11.69 The base rate shall be assessed in terms of connection equivalents which shall be as follows: the customer's previous 12 month water consumption as determined at the annual re- rating in February divided by 365, with the results of such division then divided by 245 gallons. The figure arrived at by the second division shall be the customer's "connection equivalent ". Each business shall be assessed a base rate. Per 1,000 gal Charge, Per Month Line Maintenance - Commercial /Industrial users plus Franchise fee $ 0.45 User Charge -based on 100% of water consumed $ 3.15 Per 1,000 gal charge Total- 12,000 gallons or less $ 3.60 greater than 12,000 gallons $ 7.02 Public Schools Base Rate per month Base Rate -each public school shall be assessed a $ 11.69 base rate per connection equivalent determined as in Business and Multi- family dwelling units above. (per month) Per 1,000 gal Charge, Per Month Line Maintenance - Commercial /Industrial users $ 0.45 User Charge -based on 100% of all water consumed $ 3.15 Per 1,000 gal charge Total- 12,000 gallons or less $ 3.60 greater than 12,000 gallons $ 7.02 For Information Purposes Only Cibolo Creek Municipal Authority (COMA), Per 1,000 gallons $ 3.15 includes 5% franchise fee 35 City of Schertz Schedule of Fees Water Impact Fees 2015 -16 LUEs Meter Size Meter Type Water 5/8" SIMPLE 1.0 $ 2,934 3/4" SIMPLE 1.5 $ 4,401 1" SIMPLE 2.5 $ 7,335 1.5" SIMPLE 5.0 $ 14,670 2" SIMPLE 8.0 $ 23,472 2" COMPOUND 8.0 $ 23,472 2" TURBINE 10.0 $ 29,340 3" COMPOUND 16.0 $ 46,944 3" TURBINE 24.0 $ 70,416 4" COMPOUND 25.0 $ 73,350 4" TURBINE 42.0 $ 123,228 6" COMPOUND 50.0 $ 146,700 6" TURBINE 92.0 $ 269,928 8" COMPOUND 80.0 $ 234,720 9" TURBINE 160.0 $ 469,440 10" COMPOUND 115.0 $ 337,410 10" TURBINE 250.0 $ 733,500 12" TURBINE 330.0 $ 968,220 SEWER COLLECTION IMPACT FEE *Collection Impact Fee Per Living Unit Equivalent (LUE) $ 1,668 *Sewer based on LUE: LUE = 245 gallons per day These are only City of Schertz impact fees. Other Utility Impact Fees *Treatment Impact Fee Per LUE: $ 1,800.00 Schertz Seguin Local Government Corporation (SSLGC) Example by meter size: 5/8" Simple $ 1,306.00 36 City of Schertz Schedule of Fees Public Works 1 2014 -15 2015 -16 Permit Fees - If tie into manhole or $ 25.00 $ 25.00 street cut Fire Line Type Nos. 1 and 2 - (non- metered), in City 4 -inch service line connection or smaller $ 175.00 $ 175.00 6 inch $ 235.00 $ 235.00 8 inch $ 290.00 $ 290.00 10 inch $ 340.00 $ 340.00 12 inch $ 405.00 $ 405.00 Fire Line - Outside City 4 -inch service line connection or smaller $ 225.00 $ 225.00 6 inch $ 305.00 $ 305.00 8 inch $ 375.00 $ 375.00 10 inch $ 440.00 $ 440.00 12 inch $ 525.00 $ 525.00 Meter Installation Fees - Inside the City Meter Size 5/8" X 3/4" $ 265.00 $ 265.00 3/4" X 3/4" $ 295.00 $ 295.00 1" X 1" $ 367.00 $ 367.00 1.5" X 1/5" $ 611.00 $ 611.00 2" X 2" $ 769.00 $ 769.00 *2" turbine Cost + Labor Cost + Labor *3" Comp Cost + Labor Cost + Labor *3" turbine Cost + Labor Cost + Labor *4" Comp Cost + Labor Cost + Labor *4" turbine Cost + Labor Cost + Labor *2" Comp Cost + Labor Cost + Labor 37 City of Schertz Schedule of Fees Public Works 1 2014 -15 2015 -16 Meter Installation Fees - Outside the City Meter Size 5/8" X 3/4" 3/4" X 3/4" 1" X 1" 1.5" X 1/5" 2" X 2" *2" turbine *3" Comp *3" turbine *4" Comp *4" turbine *2" Comp Fire Hydrant Meter for Construction Deposit (refundable) Service Charge Development Permit % of total valuation of public infrastructure improvements Reinspection Fee Wholesale Water Distribution Rate Base Rate, per month 3 Inch Compound Meter 3 Inch Turbine Meter 4 Inch Compound Meter 4 Inch Turbine Meter 6 Inch Compound Meter 6 Inch Turbine Meter 8 Inch Compound Meter 8 Inch Turbine Meter 10 Inch Compound Meter 10 Inch Turbine Meter 12 Inch Turbine Meter Available by agreement to distributors with a self - maintained water distribution service, Military Bases, and for temporary use until reuse water is made available in a particular area. $ 275.00 $ 275.00 $ 305.00 $ 305.00 $ 377.00 $ 377.00 $ 621.00 $ 621.00 $ 779.00 $ 779.00 Cost + Labor Cost + Labor Cost + Labor Cost + Labor Cost + Labor Cost + Labor Cost + Labor Cost + Labor Cost + Labor Cost + Labor Cost + Labor Cost + Labor $ 200.00 $ 200.00 $ 50.00 $ 50.00 1% 1% $ 50.00 $ 50.00 $ 315.28 $ 315.28 $ 472.92 $ 472.92 $ 492.63 $ 492.63 $ 827.62 $ 827.62 $ 985.26 $ 985.26 $ 1,812.88 $ 1,812.88 $ 1,576.80 $ 1,576.80 $ 3,153.60 $ 3,153.60 $ 2,266.65 $ 2,266.65 $ 4,927.50 $ 4,927.50 $ 6,504.30 $ 6,504.30 38 City of Schertz Schedule of Fees Public Works - Water Rates 2015 -16 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY I I OUTSIDE CITY METER BLOCK NEW NEW NEW NEW GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 5/81N 0 $ 20.89 $ 2.58 $ 25.30 $ 5.16 CODE 1 6,000 $ 36.37 $ 2.62 $ 56.26 $ 5.23 9,000 $ 44.23 $ 2.84 $ 71.95 $ 5.69 12,000 $ 52.75 $ 3.06 $ 89.02 $ 6.13 15,000 $ 61.93 $ 3.24 $ 107.41 $ 6.49 18,000 $ 71.65 $ 4.08 $ 126.88 $ 8.16 30,000 $ 120.61 $ 4.64 $ 224.80 $ 9.29 45,000 $ 190.21 $ 4.94 $ 364.15 $ 9.88 60,000 $ 264.31 $ 5.12 $ 512.35 $ 10.23 75,000+ $ 341.11 $ 5.23 $ 665.80 $ 10.45 3/41N 0 $ 31.33 $ 2.58 $ 37.95 $ 5.16 CODE 2 6,000 $ 46.81 $ 2.62 $ 68.91 $ 5.23 9,000 $ 54.67 $ 2.84 $ 84.60 $ 5.69 12,000 $ 63.19 $ 3.06 $ 101.67 $ 6.13 15,000 $ 72.37 $ 3.24 $ 120.06 $ 6.49 18,000 $ 82.09 $ 4.08 $ 139.53 $ 8.16 30,000 $ 131.05 $ 4.64 $ 237.45 $ 9.29 45,000 $ 200.65 $ 4.94 $ 376.80 $ 9.88 60,000 $ 274.75 $ 5.12 $ 525.00 $ 10.23 75,000+ $ 351.55 $ 5.23 $ 678.45 $ 10.45 1.0 IN 0 $ 52.22 $ 2.58 $ 63.25 $ 5.16 CODE 3 6,000 $ 67.70 $ 2.62 $ 94.21 $ 5.23 9,000 $ 75.56 $ 2.84 $ 109.90 $ 5.69 12,000 $ 84.08 $ 3.06 $ 126.97 $ 6.13 15,000 $ 93.26 $ 3.24 $ 145.36 $ 6.49 18,000 $ 102.98 $ 4.08 $ 164.83 $ 8.16 30,000 $ 151.94 $ 4.64 $ 262.75 $ 9.29 45,000 $ 221.54 $ 4.94 $ 402.10 $ 9.88 60,000 $ 295.64 $ 5.12 $ 550.30 $ 10.23 75,000+ $ 372.44 $ 5.23 $ 703.75 $ 10.45 39 City of Schertz Schedule of Fees Public Works - Water Rates 2015 -16 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY I I OUTSIDE CITY METER BLOCK NEW NEW NEW NEW GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 1 1/2 IN 0 $ 104.44 $ 2.58 $ 126.49 $ 5.16 CODE 4 15,000 $ 143.14 $ 2.62 $ 203.89 $ 5.23 30,000 $ 182.44 $ 2.84 $ 282.34 $ 5.69 45,000 $ 225.04 $ 3.06 $ 367.69 $ 6.13 60,000 $ 270.94 $ 3.24 $ 459.64 $ 6.49 75,000 $ 319.54 $ 4.08 $ 556.99 $ 8.16 100,000 $ 421.54 $ 4.64 $ 760.99 $ 9.29 125,000 $ 537.54 $ 4.94 $ 993.24 $ 9.88 150,000 $ 661.04 $ 5.12 $ 1,240.24 $ 10.23 175,000+ $ 789.04 $ 5.23 $ 1,495.99 $ 10.45 21N 0 $ 167.10 $ 2.58 $ 202.39 $ 5.16 SIMPLE 24,000 $ 229.02 $ 2.62 $ 326.23 $ 5.23 COMPOUND 48,000 $ 291.90 $ 2.84 $ 451.75 $ 5.69 CODE 5 72,000 $ 360.06 $ 3.06 $ 588.31 $ 6.13 96,000 $ 433.50 $ 3.24 $ 735.43 $ 6.49 120,000 $ 511.26 $ 4.08 $ 891.19 $ 8.16 160000 $ 674.46 $ 4.64 $ 1,217.59 $ 9.29 200,000 $ 860.06 $ 4.94 $ 1,589.19 $ 9.88 240,000 $ 1,057.66 $ 5.12 $ 1,984.39 $ 10.23 280,000+ $ 1,262.46 $ 5.23 $ 2,393.59 $ 10.45 21N 0 $ 208.87 $ 2.58 $ 252.99 $ 5.16 TURBINE 30,000 $ 286.27 $ 2.62 $ 407.79 $ 5.23 CODE 6 60,000 $ 364.87 $ 2.84 $ 564.69 $ 5.69 90,000 $ 450.07 $ 3.06 $ 735.39 $ 6.13 120,000 $ 541.87 $ 3.24 $ 919.29 $ 6.49 150,000 $ 639.07 $ 4.08 $ 1,113.99 $ 8.16 200,000 $ 843.07 $ 4.64 $ 1,521.99 $ 9.29 250,000 $ 1,075.07 $ 4.94 $ 1,986.49 $ 9.88 300,000 $ 1,322.07 $ 5.12 $ 2,480.49 $ 10.23 350,000+ $ 1,578.07 $ 5.23 $ 2,991.99 $ 10.45 40 City of Schertz Schedule of Fees Public Works - Water Rates 2015 -16 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY I I OUTSIDE CITY METER BLOCK NEW NEW NEW NEW GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 31N 0 $ 334.20 $ 2.58 $ 404.78 $ 5.16 COMPOUND 48,000 $ 458.04 $ 2.62 $ 652.46 $ 5.23 CODE 7 96,000 $ 583.80 $ 2.84 $ 903.50 $ 5.69 144,000 $ 720.12 $ 3.06 $ 1,176.62 $ 6.13 192,000 $ 867.00 $ 3.24 $ 1,470.86 $ 6.49 240,000 $ 1,022.52 $ 4.08 $ 1,782.38 $ 8.16 320,000 $ 1,348.92 $ 4.64 $ 2,435.18 $ 9.29 400,000 $ 1,720.12 $ 4.94 $ 3,178.38 $ 9.88 480,000 $ 2,115.32 $ 5.12 $ 3,968.78 $ 10.23 560,000+ $ 2,524.92 $ 5.23 $ 4,787.18 $ 10.45 3 1 N 0 $ 501.30 $ 2.58 $ 607.17 $ 5.16 TURBINE 72,000 $ 687.06 $ 2.62 $ 978.69 $ 5.23 CODE 8 144,000 $ 875.70 $ 2.84 $ 1,355.25 $ 5.69 216,000 $ 1,080.18 $ 3.06 $ 1,764.93 $ 6.13 288,000 $ 1,300.50 $ 3.24 $ 2,206.29 $ 6.49 408,000 $ 1,689.30 $ 4.08 $ 2,985.09 $ 8.16 528,000 $ 2,178.90 $ 4.64 $ 3,964.29 $ 9.29 648,000 $ 2,735.70 $ 4.94 $ 5,079.09 $ 9.88 768,000 $ 3,328.50 $ 5.12 $ 6,264.69 $ 10.23 888,000+ $ 3,942.90 $ 5.23 $ 7,492.29 $ 10.45 4 IN 0 $ 522.19 $ 2.58 $ 632.47 $ 5.16 COMPOUND 75,000 $ 715.69 $ 2.62 $ 1,019.47 $ 5.23 CODE 9 150,000 $ 912.19 $ 2.84 $ 1,411.72 $ 5.69 225,000 $ 1,125.19 $ 3.06 $ 1,838.47 $ 6.13 300,000 $ 1,354.69 $ 3.24 $ 2,298.22 $ 6.49 425,000 $ 1,759.69 $ 4.08 $ 3,109.47 $ 8.16 550,000 $ 2,269.69 $ 4.64 $ 4,129.47 $ 9.29 675,000 $ 2,849.69 $ 4.94 $ 5,290.72 $ 9.88 800,000 $ 3,467.19 $ 5.12 $ 6,525.72 $ 10.23 925,000+ $ 4,107.19 $ 5.23 $ 7,804.47 $ 10.45 41 City of Schertz Schedule of Fees Public Works - Water Rates 2015 -16 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY I I OUTSIDE CITY METER BLOCK NEW NEW NEW NEW GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 41N 0 $ 877.28 $ 2.58 $ 1,062.54 $ 5.16 TURBINE 126,000 $ 1,202.36 $ 2.62 $ 1,712.70 $ 5.23 CODE 10 252,000 $ 1,532.48 $ 2.84 $ 2,371.68 $ 5.69 378,000 $ 1,890.32 $ 3.06 $ 3,088.62 $ 6.13 504,000 $ 2,275.88 $ 3.24 $ 3,861.00 $ 6.49 630,000 $ 2,684.12 $ 4.08 $ 4,678.74 $ 8.16 840,000 $ 3,540.92 $ 4.64 $ 6,392.34 $ 9.29 1,050,000 $ 4,515.32 $ 4.94 $ 8,343.24 $ 9.88 1,260,000 $ 5,552.72 $ 5.12 $ 10,418.04 $ 10.23 1,470,000+ $ 6,627.92 $ 5.23 $ 12,566.34 $ 10.45 61N 0 $ 1,044.38 $ 2.58 $ 1,264.94 $ 5.16 COMPOUND 150,000 $ 1,431.38 $ 2.62 $ 2,038.94 $ 5.23 CODE 11 300,000 $ 1,824.38 $ 2.84 $ 2,823.44 $ 5.69 450,000 $ 2,250.38 $ 3.06 $ 3,676.94 $ 6.13 600,000 $ 2,709.38 $ 3.24 $ 4,596.44 $ 6.49 750,000 $ 3,195.38 $ 4.08 $ 5,569.94 $ 8.16 1,000,000 $ 4,215.38 $ 4.64 $ 7,609.94 $ 9.29 1,250,000 $ 5,375.38 $ 4.94 $ 9,932.44 $ 9.88 1,500,000 $ 6,610.38 $ 5.12 $ 12,402.44 $ 10.23 1,750,000+ $ 7,890.38 $ 5.23 $ 14,959.94 $ 10.45 61N 0 $ 1,921.65 $ 2.58 $ 2,327.48 $ 5.16 TURBINE 276,000 $ 2,633.73 $ 2.62 $ 3,751.64 $ 5.23 CODE 12 552,000 $ 3,356.85 $ 2.84 $ 5,195.12 $ 5.69 828,000 $ 4,140.69 $ 3.06 $ 6,765.56 $ 6.13 1,104,000 $ 4,985.25 $ 3.24 $ 8,457.44 $ 6.49 1,380,000 $ 5,879.49 $ 4.08 $ 10,248.68 $ 8.16 1,840,000 $ 7,756.29 $ 4.64 $ 14,002.28 $ 9.29 2,300,000 $ 9,890.69 $ 4.94 $ 18,275.68 $ 9.88 2,760,000 $ 12,163.09 $ 5.12 $ 22,820.48 $ 10.23 3,220,000+ $ 14,518.29 $ 5.23 $ 27,526.28 $ 10.45 42 City of Schertz Schedule of Fees Public Works - Water Rates 2015 -16 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY I I OUTSIDE CITY METER BLOCK NEW NEW NEW NEW GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 81N 0 $ 1,687.96 $ 2.58 $ 2,044.23 $ 5.16 COMPOUND 240,000 $ 2,307.16 $ 2.62 $ 3,282.63 $ 5.23 CODE 13 480,000 $ 2,935.96 $ 2.84 $ 4,537.83 $ 5.69 720,000 $ 3,617.56 $ 3.06 $ 5,903.43 $ 6.13 960,000 $ 4,351.96 $ 3.24 $ 7,374.63 $ 6.49 1,200,000 $ 5,129.56 $ 4.08 $ 8,932.23 $ 8.16 1,600,000 $ 6,761.56 $ 4.64 $ 12,196.23 $ 9.29 2,000,000 $ 8,617.56 $ 4.94 $ 15,912.23 $ 9.88 2,400,000 $ 10,593.56 $ 5.12 $ 19,864.23 $ 10.23 2,800,000+ $ 12,641.56 $ 5.23 $ 23,956.23 $ 10.45 81N 0 $ 3,375.92 $ 2.58 $ 4,088.44 $ 5.16 TURBINE 480,000 $ 4,614.32 $ 2.62 $ 6,565.24 $ 5.23 CODE 14 960,000 $ 5,871.92 $ 2.84 $ 9,075.64 $ 5.69 1,440,000 $ 7,235.12 $ 3.06 $ 11,806.84 $ 6.13 1,920,000 $ 8,703.92 $ 3.24 $ 14,749.24 $ 6.49 2,400,000 $ 10,259.12 $ 4.08 $ 17,864.44 $ 8.16 3,200,000 $ 13,523.12 $ 4.64 $ 24,392.44 $ 9.29 4,000,000 $ 17,235.12 $ 4.94 $ 31,824.44 $ 9.88 4,800,000 $ 21,187.12 $ 5.12 $ 39,728.44 $ 10.23 5,600,000+ $ 27,331.12 $ 5.23 $ 52,004.44 $ 10.45 101N 0 $ 2,426.44 $ 2.58 $ 2,938.57 $ 5.16 COMPOUND 345,000 $ 3,316.54 $ 2.62 $ 4,718.77 $ 5.23 CODE 15 690,000 $ 4,220.44 $ 2.84 $ 6,523.12 $ 5.69 1,035,000 $ 5,200.24 $ 3.06 $ 8,486.17 $ 6.13 1,380,000 $ 6,255.94 $ 3.24 $ 10,601.02 $ 6.49 1,725,000 $ 7,373.74 $ 4.08 $ 12,840.07 $ 8.16 2,300,000 $ 9,719.74 $ 4.64 $ 17,532.07 $ 9.29 2,875,000 $ 12,387.74 $ 4.94 $ 22,873.82 $ 9.88 3,450,000 $ 15,228.24 $ 5.12 $ 28,554.82 $ 10.23 4,025,000+ $ 18,172.24 $ 5.23 $ 34,437.07 $ 10.45 43 City of Schertz Schedule of Fees Public Works - Water Rates 2015 -16 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY I I OUTSIDE CITY METER BLOCK NEW NEW NEW NEW GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 101N 0 $ 5,274.86 $ 2.58 $ 6,099.15 $ 5.16 TURBINE 750,000 $ 7,209.86 $ 2.62 $ 9,969.15 $ 5.23 CODE 16 1,500,000 $ 9,174.86 $ 2.84 $ 13,891.65 $ 5.69 2,250,000 $ 11,304.86 $ 3.06 $ 18,159.15 $ 6.13 3,000,000 $ 13,599.86 $ 3.24 $ 22,756.65 $ 6.49 3,750,000 $ 16,029.86 $ 4.08 $ 27,624.15 $ 8.16 5,000,000 $ 21,129.86 $ 4.64 $ 37,824.15 $ 9.29 6,250,000 $ 26,929.86 $ 4.94 $ 49,436.65 $ 9.88 7,500,000 $ 33,104.86 $ 5.12 $ 61,786.65 $ 10.23 8,750,000+ $ 39,504.86 $ 5.23 $ 74,574.15 $ 10.45 121N 0 $ 6,962.83 $ 2.58 $ 8,432.40 $ 5.16 TURBINE 990,000 $ 9,517.03 $ 2.62 $ 13,540.80 $ 5.23 CODE 17 1,980,000 $ 12,110.83 $ 2.84 $ 18,718.50 $ 5.69 2,970,000 $ 14,922.43 $ 3.06 $ 24,351.60 $ 6.13 3,960,000 $ 17,951.83 $ 3.24 $ 30,420.30 $ 6.49 4,950,000 $ 21,159.43 $ 4.08 $ 36,845.40 $ 8.16 6,600,000 $ 27,891.43 $ 4.64 $ 50,309.40 $ 9.29 8,250,000 $ 35,547.43 $ 4.94 $ 65,637.90 $ 9.88 9,900,000 $ 43,698.43 $ 5.12 $ 81,939.90 $ 10.23 11,550,000+ $ 52,146.43 $ 5.23 $ 98,819.40 $ 10.45 RATE 1000 FH METER 99.26 7.63 Cibolo Wholesale Water Rate 3.27 44 City of Schertz Schedule of Fees Drought Contingency Surcharges 1 2015 -16 For the first 1,000 gallons over allocation* $ 2.00 For the second 1,000 gallons over allocation* $ 3.00 For the third 1,000 gallons over allocation* $ 4.00 For each additional 1,000 gallons over allocation* $ 5.00 Drought Contingency Violation Fines, up to $ 200.00 *Refer to the Conservation Ordinance for all allocations 45 CITY COUNCIL MEMORANDUM City Council Meeting: October 13, 2015 Department: Subject: BACKGROUND Agenda No. 5 Investment Advisory Committee Resolution No. 15 -R -87 Revising the City of Schertz Investment Policy The Investment Policy of the City of Schertz outlines the processes which the City uses to determine its investment strategy. Much of the policy is outlined by the Public Funds Investment Act which ensures public entities make safe and smart choices on how they invest. The top priority with regards to investable public funds in both the Act and in the City Policy is the safety of the funds invested. This means low risk investments and can be easily be withdrawn in the event the City needs funding. The City of Schertz Investment Policy requires an annual review of the Investment Policy. On September 25, 2015, the Investment Advisory Committee met to review the policy. This policy is reviewed every year and taken to council for reaffirmation. GOAL: City Staff and the Investment Committee recommends Council reapproving the Investment Policy with the following changes: 1) the Committee recommends combining the City Manager and staff training components to the City of Schertz Investment Policy, these sections stated the same requirements and didn't need to be stated twice in the document; 2) the policy did not need to dictate when the investment revenue estimate for the annual budget needed to be turned in by, this is something that is taken care of in the current budget process and is not related to investment strategy; 3) all references to Savings and Loan associations were removed to match changes in the banking industry after the financial system restructuring; 4) and updated personnel titles. COMMUNITY BENEFIT: The community benefits by knowing Investment Committee members are being trained and educated on a regular basis to ensure the city's investments are being managed in a prudent and safe manner as outlined by the Texas Public Funds Investment Act. The Investment Strategy has these priorities: City Council Memorandum Page 2 1) Understanding of the suitability of the investment to the financial requirements of the City 2) Preservation of safety of the principal amount invested 3) Liquidity 4) Marketability of the investment if the need arises to liquidate the investment before maturity 5) Diversification 6) Yield FISCAL IMPACT There will not be any fiscal impact. RECOMMENDATION Staff recommends approval of Resolution No. 15-R-87 ATTACHMENT Resolution No. 15 -R -87, with City of Schertz Investment Policy attached. RESOLUTION NO. 15 -R -87 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A REVISED CITY OF SCHERTZ INVESTMENT POLICY. WHEREAS, the City of Schertz Investment Policy requires an annual review by the City Council (the "City Council ") and after such review the City of Schertz (the "City ") has determined that it is in the best interest of the City to adopt the City of Schertz Investment Policy, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby adopts the City of Schertz Investment Policy and is repealing any and all prior changes and amendments to Investment Policy attached as Exhibit A. Section 2. The City of Schertz Investment Policy requires an annual review by 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 13th day of October, 2015. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter r:109IN City Secretary, Brenda Dennis (CITY SEAL) EXHIBIT A CITY OF SCHERTZ, TEXAS INVESTMENT POLICY See attached Rml CITY OF SCHERTZ, TEXAS INVESTMENT POLICY TABLE OF CONTENTS I. INVESTMENT SCOPE ............................................................................ ............................... 1 GeneralStatement ............................................................................. ............................... 1. FundsIncluded ................................................................................... ............................... 1 FundsExcluded .................................................................................. ............................... 1 II. INVESTMENT OBJECTIVES .............................................................. ............................... 1 GeneralStatement ............................................................................. ............................... 1 Safety................................................................................................... ............................... 2 Liquidity.............................................................................................. ............................... 2 Diversification.................................................................................... ............................... 2 Yield.................................................................................................... ............................... 2 Maturity.............................................................................................. ............................... 3 PublicTrust ........................................................................................ ............................... 3 PortfolioManagement ....................................................................... ............................... 3 InvestmentStrategy ........................................................................... ............................... 3 III. INVESTMENT RESPONSIBILITY AND CONTROL ..................... ............................... 4 City's Investment Delegate ................................................................ ............................... 4 Selecting And Processing Investments ............................................. ............................... 4 Documenting Investments And Providing Details .......................... ............................... 4 Developing Cash Flow Projections For All Portfolios .................... ............................... 5 Determining Cash Available For Investment .................................. ............................... 5 Monitoring Investment Performance ............................................... ............................... 5 Reconciling Investment Records And General Ledger .................. ............................... 5 Allocating Interest Revenue .............................................................. ............................... 5 Providing Revenue Estimates For All Portfolios ............................ ............................... 6 Prudence............................................................................................. ............................... 6 Business Relationships of City Manager (or his /her designee) ...... ............................... 6 Liability of City Manager (or his /her designee) .............................. ............................... 6 IV. INVESTMENT REPORTING .............................................................. ............................... 6 QuarterlyReport ............................................................................... ............................... 6 Investment Advisory Committee ...................................................... ............................... 7 AnnualReview ................................................................................... ............................... 8 InvestmentTraining .......................................................................... ............................... 8 Notification of Investment Changes or Defaults ............................. ............................... 9 ComplianceAudit .............................................................................. ............................... 9 V. INVESTMENT INSTRUMENTS .......................................................... ............................... 8 Authorized Investment Instruments ................................................ ............................... 8 VI. INVESTMENT INSTITUTIONS ........................................................ ............................... 11. Investment Institutions Defined ...................................................... ............................... 11 -i- Selection of Bank And Securities Dealers ...................................... ............................... 12 VII. INVESTMENT COLLATERAL AND SAFEKEEPING ................ ............................... 12 Collateral or Insurance For Deposits ............................................. ............................... 1.3 Safekeeping....................................................................................... ............................... 13 Deliveryvs. Payment ....................................................................... ............................... 13 -ii- I. INVESTMENT SCOPE General Statement This policy (this "Policy ") serves to satisfy the statutory requirement of the Public Funds Investment Act, as amended, Texas Government Code Chapter 2256, as amended (the "Act "), to define and adopt a formal written investment policy for the City of Schertz, Texas (the "City "). The City shall be authorized to invest its funds pursuant to the provisions of the Act and this Policy or, upon obtaining the prior approval of the City Council of the City (the "City Council "), any other applicable law. Funds Included This Policy applies to all City funds under the direct control of the City, at the present time any funds to be received in the future and any other funds held in custody by the City, unless expressly prohibited by law or unless it is in contravention of any depository contract between the City and any depository bank. The City funds that are entrusted to the City Council for investment pursuant to this Policy are divided into the following portfolios based on the source of funds: The operating account portfolio that consists of funds from the general fund and all other miscellaneous funds. The agency funds portfolio, which consists of all agency funds. Special Revenue, Special Assessment, and all other City funds. Funds Excluded This Policy shall not be applicable to any funds on deposit in any bond account, reserve account, or capital improvement construction account. The provisions of the ordinances authorizing the issuance of these debt obligations and the provisions of the Internal. Revenue Code of 1986, as amended control the investment of funds on deposit in these accounts. II. INVESTMENT OBJECTIVES General Statement Funds of the City will be invested in accordance with the Act, this Policy, written investment strategy, and written administrative procedures to be developed by the City Manager (or his /her designee). The City's investment portfolio shall be managed in a manner to attain the maximum rate of return allowed through prudent and legal investing of City funds while preserving and protecting capital in the overall portfolio. 1 Safety The primary objective of the City for all portfolios and funds is to ensure the safety of the principal. All investment transactions shall first seek to avoid capital losses. Liquidity The City's investment portfolio must be structured in a manner that will provide the liquidity necessary to meet all operating requirements which might reasonably be anticipated, and to pay obligations as they become due. Diversification The policy of the City, except when investing with the City's depository bank or in U.S. Treasury Bills, Bonds or Notes, will be to diversify its investment portfolio when investing in certificates of deposit of other banks and savings and loans domiciled in Texas, repurchase agreements, U.S. agencies securities, and other investment instruments provided for by law. The City's portfolio shall be diversified to eliminate the risk of loss resulting from over concentration of assets in a specific maturity, a specific issuer or a specific class of investments. Investments of the City shall always be selected to provide stability of income and reasonable liquidity. Liquidity is defined as the ability to sell an investment at reasonable cost under adverse market conditions. In establishing specific diversification strategies, the following general polices and constraints shall apply: (1) Portfolio maturities shall be staggered in a way that avoids undue concentration of assets in a specific maturity sector. Maturities shall be selected which provide for stability of income and reasonable liquidity. (2) Liquidity shall be maintained through practices that ensure that the next disbursement date and payroll date are covered through current revenues, maturing investments, or marketable securities. (3) Risks of market price volatility shall be controlled through maturity diversification. Yield It is the objective of the City to earn the maximum rate of return allowed on its investments within the constraints imposed by its safety and liquidity objectives, and the applicable law governing the investment of public funds. The City must invest its portfolios in eligible investments that yield the highest possible rate of return while providing the necessary protection of the principal. The City seeks to optimize return on investments in all portfolios. The average minimum rate of return for the W entire portfolio, excluding funds needed for current obligations, must be at least equal to a no default risk rate of return indicator, such as the return on the three -month Treasury bill. If funds are subject to yield restrictions due to federal arbitrage regulations, those funds are excluded from the yield calculation. The City may only invest in a particular eligible investment if its yields are equal to or greater than the bond equivalent yield on United States Treasury obligations of comparable maturity. The City Council may establish additional appropriate criteria for investment performance measures. Maturity Portfolio maturities will be staggered to achieve the highest return of interest but at the same time provide for the necessary liquidity to meet the City's cash needs. City funds shall be invested only in investments whose maturities do not exceed five years at the time of purchase, except, if permissible, funds accumulated for debt service payments, bond fund reserve accounts, and registry trust funds. In addition, the average maturity of the overall portfolio, excluding those investments held for future major capital expenditures and registry trust funds, shall not exceed 4.5 years. Public Trust It will be the objective of the City to act responsibly as custodians of the public trust. Portfolio Management Under this Policy all investments will be made with the intent of pursuing, at the time of purchase, the best rate of return on securities held until maturity, and not with the intent of speculative trading. However, securities may be sold before maturity if market conditions present an opportunity for the City to benefit from this transaction. Investment Strategy As a part of its Policy, the City shall adopt a separate written investment strategy for each of the funds or groups of funds under its control. Each investment strategy must describe the investment objectives for the particular fund using the following priorities in order of importance: (1) Understanding of the suitability of the investment to the financial requirements of the City; (2) Preservation and safety of principal; (3) Liquidity; (4) Marketability of the investment if the need arises to liquidate the investment before maturity; 3 (5) Diversification of the investment portfolio; and (6) Yield. III. INVESTMENT RESPONSIBILITY AND CONTROL City's Investment Delegate In accordance with Section 2256.005 of the Act, the City Manager (or his /her designee) is designated as the officer responsible for the investment of the City's funds. The City Manager (or his /her designee) is the primary manager of City investment portfolios, and shall develop and maintain written administrative procedures for the operation of the investment program, consistent with this Policy, including the following: (1) Summarizing the economic and market analysis; (2) Forecasting available cash for investments; (3) Formulating strategies for asset mix, investment instruments, maturities, and target yields; (4) Monitoring performance against the current investment strategy and evaluating reasons for variances; (5) Reporting portfolios performance for the previous quarter to the City Council; and (6) Revising the investment strategy based on recommendations by the Investment Advisory Committee. Selecting and Processing Investments The City Manager (or his/her designee) reviews the composition of the current portfolio and determines whether the securities under consideration maintain the portfolio within the guidelines established by this Policy, subchapter A of the Act, and all federal, state, and local statutes, rules or regulations. The City Manager (or his /her designee) approves the wire transfer form authorizing the transfer of funds for a specific investment transaction. Documenting Investments and Providing Details The City Manager (or his/her designee) retains documentation of all investment transactions, including any bond swaps. The City Manager (or his /her designee) provides information and supporting documentation for all investment transactions for entry in the General Ledger. The City Manager (or his /her designee) will utilize information and back -up documentation on all investment transactions to ensure accurate calculation of cash position and accurate posting to appropriate accounts. M Developing Cash Flow Projections for All Portfolios The City Manager (or his /her designee) analyzes prior period data and develops and amends cash flow projections of the City's cash requirements. The City Manager (or his/her designee) uses cash flow projections to match assets and liabilities in order to maximize the return on investments. Determining Cash Available for Investment The City Manager (or his/her designee) determines the amount of City funds available for investment each business day. All funds that can be legally invested and that are not required for that day's disbursements are considered funds available for investment. Monitoring Investment Performance The City Manager (or his/her designee) must routinely perform market and economic analysis to forecast probable market conditions for the investment period by assembling and analyzing current and trend data to develop and plan investment strategy. This analysis uses information obtained from investment advisors, brokers, and investment industry publications. The City Manager (or his /her designee) monitors the current and expected yield curves for interest rate movements. When interest rates are expected to decline, maturity ranges are extended within portfolio and the constraints of this Policy. When interest rates are expected to increase, maturity ranges are shortened. The City Manager (or his/her designee) monitors yield spreads between various government agency issues and United States notes and bonds to determine the best value. The City Manager (or his /her designee) summarizes economic and market trend information and presents recommendations for investments strategy based on economic and market conditions to the City Council and the Investment Advisory Committee. Reconciling Investment Records and General Ledger The City Manager (or his/her designee) prepares a monthly report that includes information such as identifying investments at par value, identifying CUSIP number, disclosing the premium or discount, and the interest purchased for the City's investments. The report includes monthly and year -to -date interest accruals and amortization /accretion of premium /discount. This report should reconcile to the investment accounts in the General Ledger. Allocating Interest Revenue The City Manager (or his /her designee) allocates the interest revenue earned from investments proportionately to all accounts that participate in the investment function. 5 Providing Revenue Estimates for All Portfolios The City Manager (or his /her designee) provides an estimate of the investment revenue for the annual budget Prudence Investments of the City shall be made with judgment and the exercise of due care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital, as well as the probable income to be derived for the City. Unless authorized by law, a person may not deposit, withdraw, transfer, or manage in any other manner the funds of the City. Business Relationships of City Manager (or his /her designee) The City Manager (or his /her designee) must file a statement with the City Council and the Texas Ethics Commission of any personal business relationship that the City Manager (or his /her designee) may have with a business organization as defined in the Act offering to engage in an investment transaction with the City. A personal business relationship is defined by Section 2256.005 of the Act to exist if (1) The investment officer owns 10% or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; (2) Funds received by the investment officer from the business organization exceed 10% of the investment officer's gross income for the previous year; or (3) The investment officer has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal account of the investment officer. Liability of City Manager (or his /her designee) The City Manager (or his /her designee) is not responsible for any loss of the City funds through the failure or negligence of a depository bank or other financial or investment institution as described in Article VI of this Policy. IV. INVESTMENT REPORTING Quarterly Report The City Manager (or his /her designee) will continually monitor and evaluate the City's investments, and report quarterly to the City Council as provided in Section 2256.023 of the Act. The report must: 0 (1) describe in detail the investment position of the City on the date of the report; (2) be prepared jointly by all investment officers of the City; (3) be signed by each investment officer of the City; (4) contain a summary statement, prepared in compliance with generally accepted accounting principles, of each pooled fund group that states the: (a) beginning market value for the reporting period; (b) additions and changes to the market value during the period; (c) ending market value for the period; and (d) fully accrued interest for the reporting period; (5) state the book value and market value of each separately invested asset at the beginning and end of the reporting period by the type of asset and fund type invested; (6) state the maturity date of each separately invested asset that has a maturity date; (7) state the account or fund or pooled group fund in the City for which each individual investment was acquired; and (8) state the compliance of the investment portfolio of the City as it relates to: (a) the investment strategy expressed in the City's investment policy; and (b) relevant provisions of the Act. The report shall be presented not less than quarterly to the City Council and the City Manager of the City within a reasonable time after the end of the period. If the City invests in other than money market mutual funds, investment pools or accounts offered by its depository bank in the form of certificates of deposit, or money market accounts or similar accounts, the reports prepared by the investment officers under this section shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the City Council by that auditor. Investment Advisory Committee An Investment Advisory Committee composed of the City Manager (as Chair), Executive Directors, the Mayor, Finance Director, Assistant Finance Director, Budget /Financial Analyst, 7 and one member of the City Council will meet no less than once semiannually to review the last two quarterly reports prepared by the City Manager (or his /her designee) and review the Investment Objectives, Investment Responsibility and Control, and Investment Instruments as established by this Policy and the Act. Annual Review This Policy and investment strategy will be reviewed by City Council annually. The City Council shall adopt a written rule, order, ordinance, or resolution stating that it has reviewed the Policy and investment strategy and shall record in the order, ordinance or resolution any changes made to either the Policy or investment strategy. Investment Training The City Manager (or his /her designee) and City staff preparing or signing the investment report are required to receive 10 hours training pertaining to the Texas Public Funds Investment Act within the first 12 months after assuming duties and 10 hours every 2 years thereafter. This training shall be through courses and seminars offered by professional organizations and associations in order to ensure the quality and capability of the City Manager (or his /her designee) and staff in making investment decisions. Training for city council officials on the Investment Committee is recommended to provide education and knowledge pertaining to the Public Funds Investment Act but the training is not mandatory. Notification of Investment Changes or Defaults It shall be the duty of the City Manager (or his /her designee) to notify the City Council of any significant changes in current investment methods and procedures prior to their implementation and to immediately notify the City Council in the event of a default or nonpayment of any investment acquired with City funds. In addition, the City Council in its annual review of the Policy shall adopt any order, ordinance, or resolution establishing its annual review and record any changes to the Policy or investment strategies. Compliance Audit The City, in conjunction with its annual financial audit, shall perform a compliance audit of management controls on investments and adherence to the Policy. V. INVESTMENT INSTRUMENTS Authorized Investment Instruments The City Manager (or his /her designee) shall use any or all of the following authorized investment instruments consistent with governing law: (1) Obligations, including letters of credit, of the United States or its agencies and instrumentalities; (2) Direct obligations of the State of Texas or its agencies and instrumentalities; (3) Collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency of instrumentality of the United States; (4) Other obligations, the principal of and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of the State of Texas or the United States or their respective agencies and instrumentalities; (5) Obligations of states, agencies, counties, cities, and other political subdivisions of any state having been rated as to investment quality by a nationally recognized investment rating firm and having received a rating of not less than A or its equivalent; (6) Certificates of deposit issued by a state or national bank domiciled in this State, a savings bank domiciled in this state or federal credit union domiciled in this State that are (A) Guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; or (B) Secured by obligations that are described by subdivisions (1) -(6) of this subsection, including mortgage- backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the City; or (C) Secured in any other manner and amount provided by law for deposits of the City; (7) Prime domestic bankers' acceptances if it (A) Has stated maturity of 270 days or fewer from the date of its issuance; (B) Will be, in accordance with its terms, liquidated in full at maturity; (C) Is eligible for collateral for borrowing from a Federal Reserve Bank; and 0 (D) Is accepted by a bank organized and existing under the laws of the United States or any state, if the short -term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A -1 or P -1 or an equivalent rating by at least one nationally recognized credit rating agency; (8) Commercial paper if it (A) Has a stated maturity of 270 days or less from the date of its issuance; and (B) Is rated not less than A -1, P -1, or the equivalent by at least (1) Two nationally recognized credit rating agencies; or (2) One nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state thereof, (9) Fully collateralized direct repurchase agreements having a defined termination date, secured by obligations described by subdivision (1) of this subsection, pledged to the City, held in the City's name, and deposited at the time the investment is made with a third party selected and approved by the City, and placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this State; (1.0) A guaranteed investment contract is an authorized investment for bond proceeds under the Act if the guaranteed investment contract (A) Has a defined termination date; (B) Is secured by obligations described by subdivision (1) in an amount at least equal to the amount of bond proceeds invested under the contract; and (C) Is pledged to the City and deposited with the City or with a third party selected and approved by the City; and (1.1) Bond proceeds, other than bond proceeds representing reserves and funds maintained for debt service purposes, may not be invested under the Act in a guaranteed investment contract with a term of longer than five years from date of issuance of the bonds; to be eligible as an authorized investment 1.0 (A) The City Council must specifically authorize guaranteed investment contracts as an eligible investment in the ordinance or resolution authorizing the issuance of bonds; (B) The City must receive bids from at least three separate providers with no material financial interest in the bonds from which proceeds were received; (C) The City must purchase the highest yielding guaranteed investment contract for which a qualifying bid is received; (D) The price of the guaranteed investment contract must take into account the reasonably expected drawdown schedule for the bond proceeds to be invested; and (E) The provider must certify the administrative costs reasonably expected to be paid to third parties in connection with the guaranteed investment contract. In addition to the investments described by items (1) - (11) above, the City may invest funds under its control in eligible public funds investment pools as permitted under the Act. A public funds investment pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service or no lower than investment grade by at least one nationally recognized rating service with a weighted average maturity no greater than 90 days. In addition to the investments described by items (1) - (11) above, the City may, in accordance with the Act, purchase, sell, and invest funds, after receiving a prospectus and other information required by the SEC, under its control in an SEC - regulated, no -load money market mutual fund with a dollar - weighted average stated maturity of 90 days or less and whose investment objectives include seeking to maintain a stable net asset value of $1 per share or a no- load mutual fund which is registered with the SEC, has an average weighted maturity of less than two years, is invested exclusively in obligations approved by the Act, is continuously rated as investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent and conforms to the requirements set forth in Sections 2256.016(b) and (c) of the Act relating to the eligibility of investment pools to receive and invest funds of the City. The City shall not (i) invest in the aggregate more than 1.5% of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service in mutual funds as described by the Act; (ii) invest any portion of bond proceeds, reserves and funds held for debt service, in mutual finds described by the Act; or (iii) invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service in any one mutual fund described by the Act in an amount that exceeds 10% of the total assets of the mutual fund. VI. INVESTMENT INSTITUTIONS Investment Institutions Defined The City Manager (or his /her designee) shall invest City funds with any or all of the following institutions or groups consistent with federal and state law and the current depository bank contract: (1) The City's Depository bank; (2) Other state or national banks domiciled in Texas that are insured by FDIC; (3) Public funds investment pool; or (4) Government securities brokers and dealers acceptable to the City. Selection of Bank and Securities Dealers All financial institutions and broker /dealers who desire to become qualified bidders for investment transactions must be given a copy of the Policy and must supply the City Manager (or his /her designee) with the information specified below. First, a broker /dealer must submit audited financial statements for the financial institution or broker /dealer. Second, a broker /dealer must provide evidence of appropriate registration by the qualified representative of the business organization as such terms are defined in the Act. For bank dealers, this requires a statement from a senior bank official that the bank dealer is appropriately registered with its primary regulatory agency (the Office of the Comptroller of the Currency for National Banks) as a government securities dealer, municipal securities dealer, or both. For a securities firm, this requires a statement from a senior official that the firm is registered with the National Association of Securities Dealers. Third, a broker /dealer must provide a completed Broker /Dealer questionnaire furnished by the City Manager (or his/her designee). Finally, a broker /dealer must deliver a written statement, acceptable to the City, by the qualified representative, offering to engage in an investment transaction with the City, that they have received and thoroughly reviewed the Policy and acknowledged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the City and the business organization that are not authorized by this Policy and other investment policies, except to the extent that this authorization is dependent on an analysis of the makeup of the City's entire portfolio or requires an interpretation of subjective investment standards. The City Manager (or his/her designee) will recommend both primary and secondary securities dealers to the City Council for final approval. The City Manager (or his /her designee) may not acquire or otherwise obtain any authorized investment described in this Policy from a person who has not delivered to the City the written statement required in this section. The City Council or the designated Investment Advisory Committee member shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. VII. INVESTMENT COLLATERAL AND SAFEKEEPING 1.2 Collateral or Insurance for Deposits The City Manager (or his/her designee) shall ensure that all deposited and invested City funds are, to the extent required, fully collateralized or insured consistent with federal and state law and the current bank depository contract in one or more of the following manners: (1) FDIC insurance coverage; (2) Obligations of the United States or its agencies and instrumentalities; (3) Direct obligations of the State of Texas or its agencies; (4) Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State of Texas or the United States or its agencies and instrumentalities; or (5) Any other manner allowed by law. Safekeeping All purchased securities shall be held in safekeeping by the City, or a City account in a third party financial institution, or with a Federal Reserve Bank. All certificates of deposit, insured by FDIC, purchased outside the depository bank shall be held in safekeeping by either the City or a City account in a third party financial institution. All pledged securities by the depository bank shall be held in safekeeping by the City, or a City account in a third party financial institution, or with a Federal Reserve Bank. All certificates of deposit, pledged by the depository bank shall be held in custody of a Federal Reserve Bank for safekeeping, be the subject of a valid pledge agreement designating the City as the beneficiary of the pledge agreement; be insured by the FDIC; be described in detail by a safekeeping receipt issued to the City by the Federal Reserve Bank having custody of the certificates; and be issued with the City as registered owner. Delivery vs. Payment It will be the policy of the City that all transactions, except investment pool funds and mutual funds, shall be purchased using the delivery vs. payment method through the Federal Reserve System. By so doing, City funds are not released until the City has received, through. the Federal Reserve wire, the securities purchased. 13 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: October 13, 2015 Department: Fire Subject: Resolution No. 15-R-88 Authorizing the City Manager to enter into an agreement for the purchase of two (2) fire apparatus and associated equipment and to authorize the solicitation of financing for the purchase of the fire apparatus and equipment C• � 1 The fiscal year 2016 budget included a purchase of one (1) new fire apparatus to be the frontline response vehicle at Station Two. Staff planned to trade in two current "reserve" fire engines, one built in 1995 and one built in 1999, as a part of the purchase of the new fire apparatus. In discussions with Fleet Services, staff had serious concerns that this plan would leave only one reserve fire engine, the current frontline engine at Station Two. This fire engine was built in 2007 and will have approximately 100,000 road miles on it by the time the new apparatus arrives from the manufacturer. The 2007 fire engine would then be expected to be a reliable reserve apparatus for up to an additional ten years. The cost of maintaining this vehicle is increasing and trying to keep one of the two current reserve fire engines is not possible due to their unreliability. The average cost to maintain the three engines over the past 5 years has been $49,261. The 2007 fire engine accounted for more than $10,000 of that annual average. Staff then explored an option of purchasing a second fire apparatus. This second apparatus would be a "demonstrator model" fire engine. Tt is currently in production and is slated to be used as a "demo" truck by a fire apparatus dealer. This truck can be purchased before production is complete and once it is prepared, it will be delivered to Schertz as a new fire engine at a lower cost than an engine that is designed specifically for Schertz Fire Rescue. This is for a number of reasons including the manufacturer's willingness to sell a demo engine as soon as possible and that this engine will not be identical to our other apparatus in cabin design and engine horsepower. Staff believes that moving forward to purchase both a new custom fire apparatus and this "demo" model would do the following. It would meet the current need of a new fire apparatus for Station Two. Because the "demo' truck is nearing completion, it is expected that we could receive delivery on it within two months. This would take an incredible load off of our remaining units by placing it immediately into service while the custom fire engine is being built, a process that takes about a year. It would also provide the Department with a reliable reserve apparatus thereafter that would have a ten year or longer life so that when maintenance was needed on the frontline apparatus, the firefighters would be confident that they could reliably respond to emergency calls without fail. Also, the Finance Department has modeled this proposed purchase by extending the tax notes to seven years (instead of the original five year notes for a single apparatus) and it has the same or less impact to the budget. Goal Authorize City Manager to execute the contract for purchase of two (2) fire apparatus and authorize funding through tax notes for the apparatus and associated equipment. Community Benefit Fire service in the community is expected to improve with the purchase of the new fire apparatus due to increased reliability, greater functional capability, and reduced operating costs. Summary of Recommended Action Approval of resolution will allow the purchase of the requested fire apparatus and associated equipment and allow SAMCO Capital Markets, Inc. to solicit bids for tax notes in the amount of $1,020,000. SAMCO Capital Markets, Inc. will bring the bids to City Council for approval in November, and if approved, will fund the purchase of the two (2) fire apparatus. A custom fire engine will be constructed with an estimated completion 11 -1.2 months from contract approval, giving an estimated delivery date of no later than December 2016. A production fire engine, already under construction, will be delivered within 2 months of contract approval. The first payments on the two (2) apparatus and associated equipment is expected to be on August 1, 2016 for $132,894.50 with an average annual payment of $155,987. The equipment purchased as part of this project will be an air compressor to fill self contained breathing apparatus, and hydraulic rescue tools for vehicle extrication and medium rescue. Other equipment with an estimated lifespan of less than 10 years will be purchased from the Fire operating budget or moved from existing parts. FISCAL IMPACT Fiscal impact will be a commitment from the City of an average payment of $1.55,987 per year, with the final payment due August 1, 2022. 1 19 0co liU IIU 101L,1171.110] L, Approval of Resolution 15-R-88 ATTACHMENT(S) Resolution 15-R-88, Fire Apparatus Resolution Backup, Fire Apparatus Debt Estimate. RESOLUTION NO. 15 -R -88 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF TWO (2) FIRE APPARATUS AND ASSOCIATED EQUIPMENT AND TO AUTHORIZE THE SOLICITATION OF FINANCING FOR THE PURCHASE OF THE FIRE APPARATUS AND EQUIPMENT WHEREAS, the Schertz Fire Rescue has a need to replace a 1995 . fire engine, 1999 fire engine, and a 2007 fire engine that have become unreliable due to age and condition, and furthermore the Department requires a reliable reserve engine; and WHEREAS, the City Council approved the 2015 -2016 City budget which included the purchase of fire apparatus and Schertz Fire Rescue has done due diligence in pricing and investigating functions of a compatible manufacturer of fire apparatus acceptable to the Department; and WHEREAS, the Schertz Fire Rescue has chosen Pierce Manufacturing as meeting its pricing and functional requirements for fire apparatus, and will purchase associated capital equipment as part of this project, then BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute a contract with Pierce Manufacturing and /or its dealer Siddons -Martin Emergency Group, to purchase two (2) fire apparatus described in Exhibit A, and to solicit funding for the purchase of two (2) fire apparatus and associated capital equipment through the use of tax notes in an amount not to exceed $1,020,000 exclusive of all fees and interest, and a total project cost over the life of the loan not to exceed $1,091,909.50. 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 13th day of October, 2015. CITY OF SCHERTZ, TEXAS Mayor City Secretary (CITY SEAL) imall FIRE APPARATUS AND EQUIPMENT lea Type 1 Engine with seating for four personnel, 1.250 gpm pump, 750 gallon water tank, 30 gallon foam tank, Compressed air foam system, and associated equipment. Estimated Fire Apparatus Cost $754,059.00 Less Prepayment discount $ 34,866.00 Less trade in $58,500.00 Multi -Unit Discount $1.2,693.00 HGAC Fee $2,000.00 Total Vehicle 1 $650,000.00 lea Type 1 Engine with seating for four personnel, 1250 gpm pump, 750 gallon water tank, 30 gallon foam tank for reserve use. Estimated Fire Apparatus Cost $399,999.00 Less trade in $96,500.00 Multi -Unit Discount $7,307.00 Total Vehicle 2 $296,192.00 Add Capital Equipment $ 46,000 Air Compressor $22,000 Hydraulic tools $24,000 Add Finance Fees (SAMCO Capital Markets, Inc) $ 27,808 Total Financed Amount $1,020,000.00 Estimated total project cost (7 year note) $1,091,909.50 A -1 81010 WO M RUKETS, M. [.0141111\ 1 V- 11i•101II.9 M01a to] i•1131 City of Schertz, Texas Tax Notes, Series 2015 ** *Preliminary, Subject to Change * ** Dated Date 11/25/2015 Delivery Date 11/25/2015 Sources: Bond Proceeds: Par Amount 1,020,000.00 1,020,000.00 Uses: Project Fund Deposits: Project Fund 992,192.00 Cost of Issuance: Other Cost of Issuance 25,000.00 Other Uses of Funds: Additional Proceeds 2,808.00 UM Oct 6, 2015 5:30 pm Prepared by ATF Page 1 81010 WO M XUKETS, M. Dated Date Delivery Date First Coupon Par Amount Original Issue Discount Production Underwriter's Discount Purchase Price Accrued Interest Net Proceeds 11/25/2015 11/25/2015 08/01/2016 1,020,000.00 1, 020, 000.00 100.000000% 1,020,000.00 100.000000% R re 1 1## Ut Oct 6, 2015 5:30 pm Prepared by ATF Page 2 BOND PRICING City of Schertz, Texas Tax Notes, Series 2015 ** *Preliminary, Subject to Change * ** Maturity Bond Component Date Amount Rate Yield Price Bond Component: 08/01/2016 120,000 1.850% 1.850% 100.000 08/01/2017 145,000 1.850% 1.850% 100.000 08/01/2018 145,000 1.850% 1.850% 100.000 08/01/2019 150,000 1.850% 1.850% 100.000 08/01/2020 150,000 1.850% 1.850% 100.000 08/01/2021 155,000 1.850% 1.850% 100.000 08/01/2022 155,000 1.850% 1.850% 100.000 1,020,000 Dated Date Delivery Date First Coupon Par Amount Original Issue Discount Production Underwriter's Discount Purchase Price Accrued Interest Net Proceeds 11/25/2015 11/25/2015 08/01/2016 1,020,000.00 1, 020, 000.00 100.000000% 1,020,000.00 100.000000% R re 1 1## Ut Oct 6, 2015 5:30 pm Prepared by ATF Page 2 81010 WO M XUKETS, M. BOND DEBT SERVICE City of Schertz, Texas Tax Notes, Series 2015 ** *Preliminary, Subject to Change * ** Dated Date 11/25/2015 Delivery Date 11/25/2015 Period Ending Principal Coupon Interest Debt Service Annual Debt Service 08/01/2016 120,000 1.850% 12,894.50 132,894.50 09/30/2016 132,894.50 02/01/2017 8,325.00 8,325.00 08/01/2017 145,000 1.850% 8,325.00 153,325.00 09/30/2017 161,650.00 02/01/2018 6,983.75 6,983.75 08/01/2018 145,000 1.850% 6,983.75 151,983.75 09/30/2018 158,967.50 02/01/2019 5,642.50 5,642.50 08/01/2019 150,000 1.850% 5,642.50 155,642.50 09/30/2019 161,285.00 02/01/2020 4,255.00 4,255.00 08/01/2020 150,000 1.850% 4,255.00 154,255.00 09/30/2020 158,510.00 02/01/2021 2,867.50 2,867.50 08/01/2021 155,000 1.850% 2,867.50 157,867.50 09/30/2021 160,735.00 02/01/2022 1,433.75 1,433.75 08/01/2022 155,000 1.850% 1,433.75 156,433.75 09/30/2022 157,867.50 1,020,000 71,909.50 1,091,909.50 1,091,909.50 Oct 6, 2015 5:30 pm Prepared by ATF Page 3 BOND SUMMARY STATISTICS City of Schertz, Texas Tax Notes, Series 2015 ** *Preliminary, Subject to Change * ** Dated Date 11/25/2015 Delivery Date 11/25/2015 First Coupon 08/01/2016 Last Maturity 08/01/2022 Arbitrage Yield 1.849418% True Interest Cost (TIC) 1.849418% Net Interest Cost (NIC) 1.850000% All -In TIC 2.536417% Average Coupon 1.850000% Average Life (years) 3.811 Weighted Average Maturity (years) 3.811 Duration of Issue (years) 3.665 Par Amount 1,020,000.00 Bond Proceeds 1,020,000.00 Totallnterest 71,909.50 Net Interest 71,909.50 Bond Years from Dated Date 3,887,000.00 Bond Years from Delivery Date 3,887,000.00 Total Debt Service 1,091,909.50 Maximum Annual Debt Service 161,650.00 Average Annual Debt Service 163,377.98 Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price 100.000000 Par Average Average Bond Component Value Price Coupon Life Bond Component 1,020,000.00 100.000 1.850% 3.811 1,020,000.00 3.811 All -In Arbitrage TIC TIC Yield Par Value 1,020,000.00 1,020,000.00 1,020,000.00 • Accrued Interest • Premium (Discount) Underwriter's Discount Cost of Issuance Expense - 25,000.00 Other Amounts Target Value 1,020,000.00 995,000.00 1,020,000.00 Target Date 11/25/2015 11/25/2015 11/25/2015 Yield 1.849418% 2.536417% 1.849418% Oct 6, 2015 5:30 pm Prepared by ATF Page 4 it Virc r ear September 27, 2015 David Covington, Fire Chief Schertz Fire Department, City of 1400 Schertz Pkwy #8 Schertz TX 78154 RE: Proposal for 2016 Quantum and Saber PUC 3500 Shelby Lane Denton, Texas 76207 GDN P115891 TXDOT MVD No. A115890 EIN 27- 4333590 Siddons- Martin Emergency Group, LLC is pleased to provide the following proposal to Schertz Fire Department, City of. Unit will comply with all specifications attached and made a part of this proposal. Total price includes delivery FOB Schertz Fire Department, City of and training on operation and use of the apparatus. Description Amount 4595470 -618 2016 Quantum CAFS PUC Pierce, Pumper, PUC, ISX11.9 500hp, 750 gal, PUC 1500 Price guaranteed for 30 days. Delivery within 10 -11 months of order date. Vehicle Price $ 754,059.00 Full Prepay Discount ( $ 34,866.00). Total amount due with order. Prepay Discount ($ 34,866.00) Trade -In ($ 58,500.00) Multi Unit Discount ($ 12,693.00) HGAC Fee $ 2,000.00 SUB TOTAL $ 650,000.00 4595470 -job 28138 2016 Saber PUC Stock Unit Pierce, Saber, Pumper, PUC, ISL9 450hp, 750 gal, PUC 1500 Price guaranteed for 30 days. Delivery within 1 -2 months of order date. Vehicle Price $ 399,999.00 Trade -In ($ 96,500.00) Multi Unit Discount ($ 7,307.00) SUB TOTAL $ 296,192.00 TOTAL $ 946,192.00 Additional. Price is subject to increase if not ordered prior to December 1, 2015 due to HGAC contract. Trade In of Schertz Unit 223 (2007 Ferrara) will be given to Siddons - Martin (SMEG) at time of delivery of Saber Unit 28138. Schertz 2000 Ferrara, 1995 Ferrara FL70, 2006 Medtec Unit 273, 2006 Medtec Unit 271 will be given to Siddons - Martin at time of delivery of Quantum PUC pumper. All trades must be in good working condition, ground ladders, deck guns, generators, sirens, emergency lights, chrome caps and any manuals must be left with the trucks. All trade ins must be able to start and drive off on their own power. Taxes. Tax is not included in this proposal. In the event that the purchasing organization is not exempt from sales tax or any other applicable taxes and /or the proposed apparatus does not qualify for exempt status, it is the duty of the purchasing organization to pay any and all taxes due. Balance of sale price is due upon acceptance of the apparatus at the factory. Late Fee. Interest on overdue payments shall be calculated in accordance with Chapter 2251 of the Texas Government Code, Prompt Payment Act. Proposal 300628.11 112 09 -27 -2015 Cancellation. In the event this proposal is accepted and a purchase order is issued then cancelled or terminated by Customer before completion, Siddons- Martin Emergency Group may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (A) 10% of the Purchase Price after order is accepted and entered by Manufacturer; (B) 20% of the Purchase Price after completion of the approval drawings; (C) 30% of the Purchase Price upon any material requisition. The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. Siddons- Martin Emergency Group endeavors to mitigate any such costs through the sale of such product to another purchaser; however, the customer shall remain liable for the difference between the purchase price and, if applicable, the sale price obtained by Siddons - Martin Emergency Group upon sale of the product to another purchaser, plus any costs incurred by Siddons- Martin to conduct such sale. Acceptance. In an effort to ensure the above stated terms and conditions are understood and adhered to, Siddons- Martin Emergency Group, LLC requires an authorized individual from the purchasing organization sign and date this proposal and include it with any purchase order. Upon signing of this proposal, the terms and conditions stated herein will be considered binding and accepted by the Customer. The terms and acceptance of this proposal will be governed by the laws of the state of TX. No additional terms or conditions will be binding upon Siddons- Martin Emergency Group, LLC unless agreed to in writing and signed by a duly authorized officer of Siddons- Martin Emergency Group, LLC. Sincerely, iGrats((//ch Siddons- Martin Emergency Group, LLC I, , the authorized representative of Schertz Fire Department, City of, agree to purchase the proposed and agree to the terms of this proposal and the specifications attached hereto. Signature & Date Proposal 300628.11 212 09 -27 -2015 City Council Meeting: Department: Subject: C• � 1 Agenda No. 7 CITY COUNCIL MEMORANDUM October 13, 2015 Engineering Resolution No. 15 -R -89 — A Resolution by the City Council of the City of Schertz, Texas authorizing drainage and utility easement agreements with property owners along IH 35 near the intersections with Irola Drive and Plaza Drive A condition of poor drainage exists at the intersections of IH 35 at Irola Drive and IH 35 at Plaza Drive in the City of Schertz. During and after rain events, a significant amount of water stands in the roadways with no place to drain. The owner of the property on the southwest corner of the Irola -IH 35 intersection has proposed to develop that site. As part of that proposed development, positive drainage across the lot has been designed. In order to achieve continued positive drainage to a downstream outfall point, the developer has provided a design of a channel system from Irola to a TXDoT drainage structure downstream that is capable of receiving the flow. The developer will construct the drainage way across his property. Since the construction of the drainage system is necessary to relieve an existing City drainage problem, the Public Works Drainage Division will handle construction of the channel and street crossing from the developer's property downstream to the discharge point. While these improvements will make the situation better than it is today and allow the development of the property, it will not fully resolve the issue of standing water in this area. In order to construct the drainage facilities, easements are needed along IH 35, from Irola Drive to the discharge to the TXDoT structure. Staff has met with each of three property owners regarding the granting of the drainage easement and all are willing to enter into an agreement with provisions for the terms and conditions associated with the easement. Goal Approval of Resolution Number 15 -R -- authorizing the following: 1. Public Utility Easement Agreement with Royce Simmonds (20' Drainage) 2. Public Utility Easement Agreement with Robert Strovers (20' Drainage) 3. Public Utility Easement Agreement with Acres, Agua & Ag LTD (25' Drainage, Water, and Wastewater — replaces erroneously described water and wastewater easement and adds drainage) 4. Release and Abandonment of Easement recorded in Volume 1094, page 0892, Real Property Records of Guadalupe County (Water and Wastewater easement in which property was described in error) Community Benefit Allow for the improvement of the drainage conditions at the intersections of 11-135 at bola Drive and IH 35 at Plaza. Summary of Recommended Action City staff recommends approval of Resolution Number 1.5 -R -_ authorizing easement agreements with property owners. FISCAL IMPACT $236.00 for Guadalupe County document recording fees. 1• Approval of Resolution No. 15 -R -89 IrWrx' 41 so IU1140111((.y • Resolution No. 15 -R -89 • Exhibit of Easements • Public Utility Easement Agreement with Royce Simmonds • Public Utility Easement Agreement with Robert Strovers • Public Utility Easement Agreement with Acres, Agua & Ag LTD • Release and Abandonment of Easement recorded in Volume 1094, page 0892, Real Property Records of Guadalupe County • Drainage Channel Design RESOLUTION NO. 15 -R -89 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EASEMENT AGREEMENTS WITH ROYCE SIMMONDS, ROBERT STROVERS, AND ACRES, AGUA & AG LTD FOR THE USE, BENEFIT, AND CONTROL OF THE CITY OF SCHERTZ FOR THE CONSTRUCTION AND MAINTENANCE OF DRAINAGE FACILITIES, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City execute and deliver three public utility easement agreements with Properties for the use, benefit, and control of the City; and WHEREAS, the City desires to make drainage improvements along IH 35 in the vicinity of the intersections of Irola Drive and Plaza Drive; and WHEREAS, the City Council has determined that it is in the best interest of the City to execute and accept, as the Grantee, the Public Utility Easement Agreements attached hereto as Exhibits A B and C; and WHEREAS, the City Council has determined that it is in the best interest of the City to execute the Release and Abandonment of Easement in which the Property described is in error attached hereto as Exhibit D. THAT: Section 1. The City Council hereby authorizes the City Manager to execute the Public Utility Easement Agreements in substantially the forms set forth on Exhibits A, B, and C, with such minor modifications that may be authorized by the City Manager, in consultation with the City Attorney, provided that no such modifications shall be contrary to, or inconsistent with the Sewer Outfall Easement Agreement attached hereto. Section 2. The City Council hereby authorizes the City Manager to execute the Release and Abandonment of Easement in substantially the form set forth on Exhibit D, with such minor modifications that may be authorized by the City Manager, in consultation with the City Attorney, provided that no such modifications shall be contrary to, or inconsistent with the Release and Abandonment of Easement attached hereto. 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 Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. 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. 1 Section 5. This Resolution 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 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 7. 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 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of October, 2015. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor W imall PUBLIC UTILITY EASEMENT AGREEMENT WITH ROYCE SIMMONDS 50715776.2 A -1 PUBLIC UTILITY EASEMENT AGREEMENT WITH ROBERT STROVERS 50715776.2 B-1 imall PUBLIC UTILITY EASEMENT AGREEMENT WITH ACRES, AGUA & AG LTD 50715776.2 C -1 imall 1 RELEASE AND ABANDONMENT OF EASEMENT 50715776.2 D-1 FBI qk ff W, d 11-1 n)(CHHERTZ COMMUNITY* SERVICE* OPPORTUNITY This protluot is for lnf —,fi nal purposes antl may not have It— preparetl for or be suitable for Icgal, engineering, or surveying puryoses. It tloes not represent an on- the- grountl --y antl represents only the approximate relative Ioo.I— of property bountlarles- 37.5 75 150 225 m Feet 300 THE STATE OF TEXAS § COUNTY OF Tee and Conditions: The following terms and conditions apply to the Easement granted by this agreement: L Dqfi nit ions. For the purposes of this grant of Easement certain terms shall have the meanings that follow: (a) "Holder" shall mean Grantee and Grantee's heirs, successors and assigns who at any time own any interest in the conveyance is subject to the terms of this agreement. (b) "Public Utility" shall mean storm water drainage. 2. Character of Easement. The Ease' ent granted herein is "in gross," in that there is no "Benefitted Property." Nevertheless, the Easement rights herein granted shall pass to Grantee's successors and assigns, subject to all of the Terms hereof. The Easement rights of use granted herein are nonexclusive and irrevocable. The Easement is for the benefit of Holder. 3. Purpose of Easement. The Easement shall be used for public utility purposes, including placement, construction, installation, replacement, repair, maintenance, relocation, removal, and operation of public utility facilities and related appurtenances, or making connections thereto. The Easement shall also be used for the purpose of providing access for the operation, repair, maintenance, replacement and expansion of the public utility facilities and related appurtenances. d. Term. Easement shall be in perpetuity unless relinquished or abandoned by ordinance or resolution by Grantee. 5. Reservation of Rights. Holder's right to use the Easement Property is nonexclusive, and Grantor and Grantor's heirs, successors, and assigns retain the right to use all or part of the Easement Property in conjunction with Holder as long as such use by Grantor and Grantor's heirs, successors, and assigns does not (i) interfere with the use of the Easement Property by Holder for the Easement Purpose, nor (ii) may Grantor construct any building, structure or obstruction on the Easement Property. The right to convey to others the right to use all or part of the Easement Property in conjunction with Holder, as long as such further conveyance is subject to the terms of this agreement. Written approval of Holder must be obtained prior to any use or improvement of Easement Property. 6, Secondary Easement. Holder has the right (the "Secondary Easement ") to use the surface of the 20 -foot wide area adjacent to the Easement Property, to assist in the initial installation and as may be reasonably necessary to maintain, repair, and replace the Facilities within the Easement Property of the Facilities within the Easement Property. However, Holder must promptly restore the area of the Temporary Construction Easement to its previous physical condition if changed by use of the rights granted by this Secondary Easement. 7. Improvement a71d Maintenance of Easement Property. Subject to the provisions of Section S., immediately below, improvement and maintenance of the Easement Property and the Facilities will be at the sole expense of Holder. Holder has the right to eliminate any encroachments into the Easement Property. Holder has the right to construct, install, maintain, replace, and remove the Facilities under or across any portion of the Easement Property. All matters concerning the Facilities and their configuration, construction, installation, maintenance, replacement, and removal are at Holder's sole discretion, subject to performance of Holder's obligations under this agreement. Holder has the right to remove or relocate any fences or other encroachments within the Easement Property or along or near its boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the Facilities. Holder will also replace to their original condition any landscaping, driveways or parking areas that were in existence prior to the granting of the Easement Property and are damaged in connection with the work. 8. Maintenance of Surface Easement Property /Permitted Improvements. Notwithstanding any contrary provision, Grantor shall retain the obligation to maintain the surface of the Easement Property, including the obligation to regularly mow or cut back vegetation and to keep the surface of the Easement Property free of litter, debris, or trash. Any permitted improvement made by Grantor must comply with applicable ordinances, development codes and engineering guidelines of the City of Schertz, and must not conflict with use of the easement for its intended purpose as described herein. 9. Equitable Rights of Enforcement. This Easement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this agreement; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 10. Attorney's Fees. If either party retains an attorney to enforce this agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 11. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. 12. Choice of Law. This agreement will be construed under the laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the county or counties in which the Easement Property is located. 13. Counterparts. This agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 14. Waiver of Default. It is not a waiver of or consent to default if the non - defaulting party fails to declare immediately default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by Iaw. 15. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. 16. Integration. This agreement contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this agreement. 17. Exceptions to Warranty. This grant is subject to any and all encumbrances and easements of record, to the extent the same are valid and enforceable. 18. Legal Construction. Any provision in this agreement is for any reason unenforceable, to the extent the u nenforce ability does not destroy the basis of the bargain among the parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. 19. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein.. 20. Recitals /Exhibits. Any recitals in this agreement are represented by the parties to be accurate, and constitute a part of the substantive agreement. All exhibits referenced herein are attached hereto and incorporated by reference herein for all purposes. 21. Entire Agreefnent. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the party to be charged. IN WITNESS WHEREOF, this instrument is executed this day of fi 2015: (seal) a- CITE OF SCHERTZ, TEXAS, a Texas home-rule municipality By: John C. Kessel, City Manager no0wo THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on , 2015, by John C. Kessel, City Manager of the City of Schertz, Texas, a Texas home -rule municipality, on behalf of said municipality. Notary Public Signature (seal) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. PUBLIC UTILITY EASEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF 6� 0A1,,4u i-- § GRANT OF EASEMENT: �`< ► Z® C( 01, 10 ` �P 1 010 i''1) ( "Grantor "), for the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, does hereby grant, sell and convey unto THE CITY OF SCHERTZ, TEXAS, a Texas home -rule city, with offices located at 1400 Schertz Parkway, Schertz, Texas 78154 ( "Grantee "), an easement and right -of -way ( "Easement ") upon and across the property of Grantor which is more particularly described on Exhibit "A ", attached hereto and incorporated herein by reference ( "Easement Tract "), TO HAVE AND TO HOLD the same perpetually to Grantee and its successors and assigns, together with the rights, and privileges and on the terms and conditions set forth below; and Grantor, subject to the Exceptions, to Warranty, does hereby covenant and agree to WARRANT AND FOREVER DEFEND title to the Easement herein granted, unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Terms and Conditions: The following terms and conditions apply to the Easement granted by this agreement: Definitions. For the purposes of this grant of Easement certain terms shall have the meanings that follow: (a) "Holder" shall mean Grantee and Grantee's heirs, successors and assigns who at any time own any interest in the conveyance is subject to the terms of this agreement. (b) "Public Utility" shall mean storm water drainage. 2. Character of Easement. The Easement granted herein is "in gross," in that there is no "Benefrtted Property." Nevertheless, the Easement rights herein granted shall pass to Grantee's successors and assigns, subject to all of the Terms hereof. The Easement rights of use granted herein are nonexclusive and irrevocable. The Easement is for the benefit of Holder. Purpose of Easement. The Easement shall be used for public utility purposes, including placement, construction, installation, replacement, repair, maintenance, relocation, removal, and operation of public utility facilities and related appurtenances, or making connections thereto. The Easement shall also be used for the purpose of providing access for the operation, repair, maintenance, replacement and expansion of the public utility facilities and related appurtenances. 4. Term. Easement shall be in perpetuity unless relinquished or abandoned by ordinance or resolution by Grantee. Reservation of Rights. Holder's right to use the Easement Property is nonexclusive, and Grantor and Grantor's heirs, successors, and assigns retain the right to use all or part of the Easement Property in conjunction with Holder as long as such use by Grantor and Grantor's heirs, successors, and assigns does not (i) interfere with the use of the Easement Property by Holder for the Easement Purpose, nor (ii) may Grantor construct any building, structure or obstruction on the Easement Property. The right to convey to others the right to use all or part of the Easement Property in conjunction with Holder, as long as such further conveyance is subject to the terms of this agreement. Written approval of Holder must be obtained prior to any use or improvement of Easement Property. 6. Secondary Easement. Holder has the right (the "Secondary Easement ") to use the surface of the 20 -foot wide area adjacent to the Easement Property, to assist in the initial installation and as may be reasonably necessary to maintain, repair, and replace the Facilities within the Easement Property of the Facilities within the Easement Property. However, Holder must promptly restore the area of the Temporary Construction Easement to its previous physical condition if changed by use of the rights granted by this Secondary Easement. 7. Improvement and Maintenance of Easement Property. Subject to the provisions of Section 8., immediately below, improvement and maintenance of the Easement Property and the Facilities will be at the sole expense of Holder. Holder has the right to eliminate any encroachments into the Easement Property. Holder has the right to construct, install, maintain, replace, and remove the Facilities under or across any portion of the Easement Property. All matters concerning the Facilities and their configuration, construction, installation, maintenance, replacement, and removal are at Holder's sole discretion, subject to performance of Holder's obligations under this agreement. Holder has the right to remove or relocate any fences or other encroachments within the Easement Property or along or near its boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the Facilities. Holder will also replace to their original condition any landscaping, driveways or parking areas that were in existence prior to the granting of the Easement Property and are damaged in connection with the work. 8. Maintenance of Surface Easement Property /Permitted Improvements. Notwithstanding any contrary provision, Grantor shall retain the obligation to maintain the surface of the Easement Property, including the obligation to regularly mow or cut back vegetation and to keep the surface of the Easement Property free of litter, debris, or trash. Any permitted improvement made by Grantor must comply with applicable ordinances, development codes and engineering guidelines of the City of Schertz, and must not conflict with use of the easement for its intended purpose as described herein. 9. Equitable Rights of Enforcement. This Easement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this agreement; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 10. Attorney's Fees. If either party retains an attorney to enforce this agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 11. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. 12. Choice of Law. This agreement will be construed under the laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the county or counties in which the Easement Property is located. 13. Counterparts. This agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 14. Waiver of Default. It is not a waiver of or consent to default if the non - defaulting party fails to declare immediately default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. 15. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terns, provisions, and conditions of this agreement and all transactions contemplated by this agreement. 16. Integration. This agreement contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this agreement. 17. Exceptions to Warranty. This grant is subject to any and all encumbrances and easements of record, to the extent the same are valid and enforceable. 18. Legal Construction. Any provision in this agreement is for any reason unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. 19. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 20. Recitals /Exhibits. Any recitals in this agreement are represented by the parties to be accurate, and constitute a part of the substantive agreement. All exhibits referenced herein are attached hereto and incorporated by reference herein for all purposes. 21. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the party to be charged. 1N WITNESS WHEREOF, 2015. THE STATE OF TEXAS § COUNTY O Q,,&6 § (Grantor's Name) nSignure) By r This insti ment was acknowledged before me on , 2015, by KrV b. an individual residing in County, Texas. �t,AY CYNTHIA ANNE RALEIGH N, Notary Public State of Texas My Comm. Exp. 02 -11 -2019 Signature GRANTEE: AGREED AND ACCEPTED: CITY OF SCHERTZ, TEXAS, a Texas home -rule municipality is John C. Kessel, City Manager ATTEST: Brenda Dennis, City Secretary THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on , 2015, by John C. Kessel, City Manager of the City of Schertz, Texas, a Texas home -rule municipality, on behalf of said municipality. Notary Public Signature (seal) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. . �. THE STATE OF TEXAS § COUNTY OF GUADALUPE § GRANT OF EASEMENT: Acres, Agua & Ag LTD., 16946 IH 35 North, Schertz, Texas, Guadalupe County ( "Grantor "), for the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, does hereby grant, sell and convey unto THE CITY OF SCHERTZ, TEXAS, a Texas home -rule city, with offices located at 1400 Schertz Parkway, Schertz, Texas 78154 ( "Grantee "), an easement and right -of. -way ( "Easement ") upon and across the property of Grantor which is more particularly described on Exhibit "A ", attached hereto and incorporated herein by reference ( "Easement Tract "), TO HAVE AND TO HOLD the same perpetually to Grantee and its successors and assigns, together with the rights, and privileges and on the terms and conditions set forth below; and Grantor, subject to the Exceptions, to Warranty, does hereby covenant and agree to WARRANT AND FOREVER DEFEND title to the Easement herein granted, unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Terms and Conditions: The following terms and conditions apply to the Easement granted by this agreement: 1. Definitions. For the purposes of this grant of Easement certain terms shall have the meanings that follow: (a) "Holder" shall mean Grantee and Grantee's heirs, successors and assigns who at any time own any interest in the conveyance is subject to the terms of this agreement. (b) "Public Utility" shall mean water, wastewater, and stormwater drainage. 2. Character of Easement. The Easement granted herein is "in gross," in that there is no 'Benefitted Property." Nevertheless, the Easement rights herein granted shall pass to Grantee's successors and assigns, subject to all of the Terms hereof. The Easement rights of use granted herein are nonexclusive and irrevocable. The Easement is for the benefit of Holder. 3. Purpose of Easement. The Easement shall be used for public utility purposes, including placement, construction, installation, replacement, repair, maintenance, relocation, removal, and operation of public utility facilities and related appurtenances, or making connections thereto. The Easement shall also be used for the purpose of providing access for the operation, repair, maintenance, replacement and expansion of the public utility facilities and related appurtenances. 4. Term. Easement shall be in perpetuity unless relinquished or abandoned by ordinance or resolution by Grantee. 5. Reservation of Rights. Holder's right to use the Easement Property is nonexclusive, and Grantor and Grantor's heirs, successors, and assigns retain the right to use all or part of the Easement Property in conjunction with Holder as long as such use by Grantor and Grantor's heirs, successors, and assigns does not (i) interfere with the use of the Easement Property by Holder for the Easement Purpose, nor (ii) may Grantor construct any building, structure or obstruction on the Easement :Property. The right to convey to others the right to use all or part of the Easement Property in conjunction with Holder, as long as such further conveyance is subject to the terms of this agreement. Written approval of Holder must be obtained prior to any use or improvement of Easement Property. 6. Secondary Easement. Holder has the right (the "Secondary Easement ") to use the surface of the 20 -foot wide area adjacent to the Easement Property, to assist in the initial installation and as may be reasonably necessary to maintain, repair, and replace the Facilities within the Easement Property of the Facilities within the Easement Property. However, Holder must promptly restore the area of the Temporary Construction Easement to its previous physical condition if changed by use of the rights granted by this Secondary Easement. 7. Improvement and Maintenance of Easement Property. Subject to the provisions of Section 8., immediately below, improvement and maintenance of the Easement Property and the Facilities will be at the sole expense of Holder. Holder has the right to eliminate any encroachments into the Easement Property. Holder has the right to construct, install, maintain, replace, and remove the Facilities under or across any portion of the Easement Property. All matters concerning the Facilities and their configuration, construction, installation, maintenance, replacement, and removal are at Holder's sole discretion, subject to performance of Holder's obligations under this agreement. Holder has the right to remove or relocate any fences or other encroachments within the Easement Property or along or near its boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the Facilities. Holder will also replace to their original condition any landscaping, driveways or parking areas that were in existence prior to the granting of the Easement Property and are damaged in connection with the work. 8. Maintenance of Surface Easement Property /Permitted Improvements. Notwithstanding any contrary provision, Grantor shall retain the obligation to maintain the surface of the Easement Property, including the obligation to regularly mow or cut back vegetation and to keep the surface of the Easement Property free of litter, debris, or trash. Any permitted improvement made by Grantor must comply with applicable ordinances, development codes and engineering guidelines of the City of Schertz, and must not conflict with use of the easement for its intended purpose as described herein. 9. Equitable Rights of Enforcement. This Easement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this agreement; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 10. Attorney's Fees. If either party retains an attorney to enforce this agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 11. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. 12. Choice of Law. This agreement will be construed under the laws of the state of Texas, without regard to choice -of. -law rules of any jurisdiction. Venue is in the county or counties in which the Easement Property is located. 13. Counterparts. This agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 14. Waiver of Default. It is not a waiver of or consent to default if the non - defaulting party fails to declare immediately default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. 15. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. 16. Integration. This agreement contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this agreement. 17. Exceptions to Warranty. This grant is subject to any and all encumbrances and easements of record, to the extent the same are valid and enforceable. 18. Legal Construction. Any provision in this agreement is for any reason unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. 19. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 20. Recitals /Exhibits. Any recitals in this agreement are represented by the parties to be accurate, and constitute a part of the substantive agreement. All exhibits referenced herein are attached hereto and incorporated by reference herein for all purposes. 21. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the party to be charged. IN WITNESS WHEREOF, this instrument is executed this day of , 2015. C THE STATE OF TEXAS COUNTY OF (Grantor's Name) (Grantor's Signature) This instrument was acknowledged before me on , 2015, by , an individual residing in County, Texas. Notary Public Signature (seal) AGREED AND ACCEPTED: CITY OF SCHERTZ, TEXAS, a Texas home -rule municipality C John C. Kessel, City Manager Brenda Dennis, City Secretary THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on , 2015, by John. C..Kessel, City Manager of the City of Schertz, Texas, a Texas home -rule municipality, on behalf of said municipality. Notary Public Signature (seal) EASEMENT TRACT The Easement area is a strip of land within a tract called 0.410 acres conveyed to Acres, Agua & Ag Ltd., recorded in Volume 3081, page 0666, situated in the T. Herrera Survey No. 68, Abstract No. 153, Guadalupe County, Texas. The easement area is a 25 -foot wide strip, between the property line coincident with the Texas Department of Transportation southeast right -of -way line of 1H 35 and a line parallel to that offset by 25 feet for the length of the property frontage. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RELEASE AND ABANDONMENT OF EASEMENT THE STATE OF TEXAS § COUNTY OF GUADALUPE § WHEREAS, on July 1, 1993, Rebecca E. Purvis granted to the City of Schertz, Texas, an Easement for the construction, use and maintenance of water line(s) and public sanitary sewer line(s); and WHEREAS, the instrument memorializing the grant of Easement was recorded in Volume 1094, page 0892 in the Real Property Records of Guadalupe County; and WHEREAS, the Property described in the easement instrument was described in error. NOW THEREFORE GRANTEE, THE CITY OF SCHERTZ, TEXAS FOREVER RELEASES AND ABANDONS THE EASEMENT RECORDED IN VOLUME 1094, PAGE 0892 IN THE REAL PROPERTY RECORDS OF GUADALUPE COUNTY, AND AS OF THE DATE OF THIS RELEASE AND ABANDONMENT THE PROPERTY, SO DESCRIBED, SHALL NO LONGER BE ENCUMBERED BY THE EASEMENT. The remainder of this page is intentionally left blank. GRANTEE: CITY OF SCHERTZ, TEXAS, a Texas home-rule municipality Lo John C. Kessel, City Manager Brenda Dennis, City Secretary THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on 1 2015, by John C. Kessel, City Manager of the City of Schertz, Texas, a Texas home-rule municipality, on behalf of said municipality. Notary Public Signature (seal) 1'.094/9892 EASEMENT AGRF.F.MFNT STATE OF TEXAS § COUNTY OF GUADALUPE § This Easement Agreement (this "Agreement ") is between REBECCA E. PURVIS (the "Grantor," which term shall refer not only to the Grantor but also to the Grantor's heirs, legal representatives, successors and assigns) and the CITY OF SCHERTZ, TEXAS, a political subdivision of the State of Texas (the "Grantee," which term shall refer not only to the Grantee, but also to the Grantee's successors and assigns), whose address is 1400 Schertz Parkway, P.O. Box Drawer 1, Schertz, Texas 78154. WITNESSETH: WHEREAS, incident to the construction, use, and maintenance of a water line or lines and public sanitary sewer line or lines and related facilities, the Grantee has requested that the Grantor grant to the Grantee a right -of -way and easements for such purposes; and WHEREAS, the Grantor has agreed to provide to the Grantee the aforesaid right -of -way and easements on the terms hereinafter set forth; NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: 11 The Grantor, for and in consideration of the sum of Ten and No /100 Dollars ($10.00), and other good and valuable consideration paid to the Grantor, and the benefits to be derived on account of and from the operation and maintenance by the Grantee of the underground water line or lines and public sanitary sewer line or lines, upon and through the "Easement Strip," as hereinafter defined, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD, and DEDICATED unto the Grantee a right -of -way and easements for the containment and purposes of excavating, laying, constructing out of any materials, maintaining, operating, repairing, reconstructing, relocating, changing the size of, replacing, and removing an underground water line or lines and public sanitary sewer line or lines and related facilities and appurtenances upon, over, under, through, and across that certain strip of land situated in Guadalupe County, Texas (such strip of land herein called the "Easement Strip "), described on Exh it A attached hereto and made a part hereof for all purposes. 0071386.03 Pury is 1094/0893 There is included in this grant the right of the Grantee to use and occupy a construction easement (the "Construction Easement ") in, on, over, and across the real property described in Exhibit B attached hereto and made a part hereof for all purposes. The Construction Easement is for the purpose of constructing, maintaining, repairing, relocating, excavating, reconstructing, changing the size of, removing, and replacing the sanitary sewer line or lines located in the Easement Strip. The Grantee shall have all the rights, privileges, and benefits necessary or appropriate for the full enjoyment and use of the rights herein granted, including, without limitation, the free right of ingress and egress to and from the Easement Strip and the Construction Easement, over and across the Grantor's lands lying adjacent to the Easement Strip and the Construction Easement. The Grantee may do and perform all acts necessary to lay, excavate, construct, maintain, operate, repair, reconstruct, relocate, change the size of, replace, and remove the underground water line or lines or the sanitary sewer line or lines upon, over, under, through, and across the Easement Strip, as appropriate, and operate thereon all necessary machinery and equipment to efficiently prosecute the work. Without limitation of the foregoing, the Grantee shall further have the right (but not the obligation) from time to time to cut and remove all trees and undergrowth, and abate other obstructions upon the Easement Strip and the Construction Easement that may injure, endanger, or interfere with the efficiency, construction, operation, maintenance, safety, and repair of the easements and right -of- way granted hereunder. The Construction Easement shall commence upon the commencement of the construction of the water line or lines and the sanitary sewer line by the Grantee and shall continue until such work is completed. II. In addition to the foregoing, this grant of easements and rights -of -way and the rights herein granted are subject to the following terms, agreements, reservations, conditions, covenants, limitations, and exceptions: 1. The easements and right -of -way herein granted are exclusive unto the Grantee, and the Grantor shall not grant any other easement or right -of -way in, on, under, through, or across the Easement Strip. 2. The Grantor reserves the right to use the Easement Strip for parking cars, planting and maintaining turf grasses, and recreation and for any other rights not inconsistent with the Grantee's exercise of the rights herein granted. Following the completion of the construction of the water and sewer lines, (i) the Grantee shall cause the sign (the "Sign ") that is currently located within the Easement Strip to be reinstalled, and the Grantee shall not require the Grantor to obtain a new sign permit for the Sign from the Grantee, and (ii) the Grantee shall restore the surface of the Grantor's land within the Easement Strip to the condition that it was in immediately before said construction. No portion of the Easement Strip shall be excavated, and no building, structure, road, street, alley or other obstruction shall be located and constructed upon the herein granted easements and right -of -way without the prior written permission 0072386.03 Purvis 2 1094/0894 of the Grantee, except that the Grantor may, without the Grantee's prior written permission, W install a fence with a gate over the Easement Strip, provided that the fence is perpendicular or at an angle of no greater than forty -five (45) degrees to the Easement Strip, the gate is located at the intersection of the fence and the Easement Strip, and the minimum width of the gate is sixteen (16) feet, and (ii) construct a driveway (the "Driveway ") over the Easement Strip. 3. The Grantee shall have ten working days, excluding weather delays, to backfill, remove ruts, and smooth ground after completion of repairs to or maintenance of the water line or lines or sewer line or lines, but shall not be obligated to replace any landscaping, sod, or trees damaged in connection with the Grantee's maintenance. The Grantee is under no obligation to restore or pay the costs of restoring any roads, streets, alleys, fences, buildings, structures, or any other obstruction (including the Sign and the Driveway) that the Grantor has placed upon the easements and right -of -way herein granted when such roads, streets, alleys, fences, buildings, structures, or other obstruction must be moved, damaged, or partially destroyed in order to repair or maintain the water line or lines or the sanitary sewer line or lines. 4. Except as otherwise provided herein, the easements and right -of- way herein granted across the Easement Strip shall be perpetual until the use of said easements and right -of -way shall be abandoned by the Grantee. III. This grant of easements and right -of -way and the rights herein granted are further made subject to all validly existing easements, rights -of -way, conditions, restrictions, covenants, outstanding mineral or royalty interests or reservations, and mineral leases, of record, if any, in Guadalupe County, Texas. This Agreement contains all of the agreements between or among the undersigned parties. No prior, contemporaneous, or subsequent oral statements, warranties, or representations shall modify or change the agreements set out in this Agreement or provide any basis to annul this Agreement. This Agreement may be amended solely by an instrument in writing signed by both Grantor and Grantee or their respective successors or assigns. IV. TO HAVE AND TO HOLD said easements and right -of -way across the Easement Strip for the purposes herein set forth unto the Grantee, its successors and assigns, forever; and the Grantor does hereby bind herself, her heirs, legal representatives, successors and assigns, to warrant and forever defend said easement and right -of -way unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under the Grantor but not otherwise. oW1386.03 Puma 3 10940895 EXECUTED in multiple original counterparts, each of which shall be deemed an original, but all of which shall constitute but one and the same instrument, on the dates of the respective acknowledgements hereinbelow, to be effective, however, on the 1st day of July, 1993, which date shall be deemed the date hereof for all purposes. After Recording Return to: City of Schertz, Texas 1400 Schertz Parkway P.O. Box Drawer 1 Schertz, Texas 78154 0071586.03 Purvis GRANTOR: Rebecca E. Purvis Address: 5813 Winding Ridge San Antonio, Texas 78239 GRANTEE: CITY OF SCHERTZ B `^ Y Ke R. Sweatt City Manager 4 1094/0896 THE STATE OF TEXAS § COUNTY OF BEXAR § [SEAL] This instrument was acknowledged before me on the 1 A day f 1994, by Rebecca E. Purvis. y LA Nctary ruc;, a::v' -" I 3 My Commissfan Expires June 21.1207 Is I 9WAN 'EAL 4}Y BLE THE STATE OF TEXAS COUNTY OF GUADALUPE Notary Public in and fo the State of Texas Printed Name of ary My Commission Expires: (n - � I ;?� _ This instrument was acknowledged before me on the At day of 1994, by Kerry R. Sweatt, City Manager of the City of Schertz, Texas, a polltical subdivision of the State of Texas, on behalf of such City. [SEAL] Notary Public ' and for the State of Texas •�. JUW- MAUSE "ft so A� "�-- Printed Name of Notary My Commission Expires: // - OW 386.03 Purvis 5 ?.094/08.9.7. EXHIBIT A FIELDNOTES FOR 20' SEWER AND WATER EASEMENT TRACT NO. 5A STATE OF TEXAS'. COUNTY• :OF . GUA.DALUPE : Being 3032.5 square feet of land for a sewer and water easement, being a part of a tract called 0.410 acres conveyed to Hardy Purvis, recorded in Volume 627, page 366, situated in the T. Herrera Survey No 63, Abstract No_ 153, Guadalupe County, Texas. BEGINNING, at a point in the southeast right -of -way of I.H. 35 for the north corner of this easement and the north corner of said 0.410 Acre tract, situated for reference N 60' 02, 00« E 811.42 feet from a Texas Department or Transportation disc at an angle point in the southeast right -of -way line of I.H_ 35_ THENCE, S 29' 48' 00" E, 25.00 feet with the southwest right -of- way line of Plaza Drive to a point for the east corner of this easement_ THENCE, S 60' `f2 00.' E, 121.30 feet to a point for the south corner of this easement. THENCE, N 29' 48' 00" W. 25.00 feet to a point in the southeast right -of -way line of I.H. 35 for the west corner of this easement. THENCE, N 60' 02' 00~ w, 121.30 feet to the POINT OF BEGINNING and containing 3032.5 Square feet according to a survey made on- the-ground and under the R.P. P.'�.S_ supervision of Fred L. McMichael, i ?A Fred �. McMichael, P,. P.I _ S _ 2TO 3682 s~ ED L o+ . McMJCHAEL SS 10,0�n � ~�� •- 3F- X82.....:... �si1R��y U z z a w W z z w Q O w U T . in94/9898 EXHIBIT B FIELDNOTES FOR A TEMPORARY CONSTRUCTION EASEMENT FOR SANITARY . SEWER TRACT NO. 5B STATE. OFt- TEXAS: COUNTY OF GUADALUPE: Being 3200 square feet of land for temporary construction easement, being a part of a tract called 0.410 acres conveyed to Hardy Purvis in volume 627, page 366 situated in the T. Herrera Survey No- 68, Abstract No. 153, Guadalupe County, Texas. BEGINNING at a point in the northeast line of said 0.410 acre tract for the north corner of this easement situated for reference S 29' 48' 00" E, 25.00 feet from the north corner of said 0.410 acre tract in the southeast right -of -way line of IH 35- THENCE, S 29' 48' 00" E, 40.00 feet with the southwest right -of- way of Plaza Drive to a point for the east corner of this easement. THENCE, S 63' 02' 00" W, 80.00 feet to a point for the south corner of this easement. THENCE, N 29' 48' 00° W, 40.00 feet to a point for the west corner of this easenient . THENCE, N 60' 02` 00" ^n, 80.00 feet to the POINT OF BEGINNING and containing 3200 square feet according to a survey made on the ground and under the supervision of Fred L. McMichael, R.P.L.S. OTC +9 y111 i, f Fred L. McMichael, o . P . L . S . NO _ 3 682 .... - -- � -•. °.: *, FRED L McMicHAEL ��iy�rFSS1QN�OQ U Z i� z w w w z W Q 0 FILED FOR RECORD 94 M 'BY -3 AM 8'. 41 up r.,CTY. C 0 U ilk' T 10940899 Tffr G-rhlrr- ()p Tr YAS Cf.- . .! UPE this instrument was FILM on tf* cla* -A hereon by me and was &4 PF Public Record of GuadWW* A vkf♦ County Clerk, G-edsh Courtty, Tex" : col E v ci -r 0 N Lc O n v 0 v v rn 3 O N 1 O I rn O .e CL x w 0 cn ujv uj v U W 0 C) 0 O r7 N / .o 0 E E I C- 0 0 rri N 0 U N O 0 0 E v i M N U 0 z E 0 Z �3 6 i 3 +00.00 830.00 820.00 810.00 800.00 790.00 780.00 770 00 830.00 820.00 810.00 800.00 790.00 780.00 770.00 -50.00 -40.00 -30.00 -20.00 -10.00 0.00 10.00 20.00 30.00 40.00 50.00 Q25 - 62.08 CFS Qioo = 75.12 CFS V25 = 3.04 FPS Vloo = 3.18 FPS s - 0.50% s = 0.50% D2s = 1.14' Dioo = 1.28' n = 0.035 n = 0.035 SECTI ON ' A- A' CALCULATIONS @ STA. 3+00 N.T.S. 3 +75.00 830.00 820.00 810.00 800.00 790.00 780.00 770 00 830.00 820.00 810.00 800.00 790.00 780.00 77000 -50.00 -40.00 -30.00 -20.00 -10.00 0.00 10.00 20.00 30.00 40.00 50.00 Q25 - 62.08 CFS Qioo = 75.12 CFS V25 = 2.09 FPS Vtoo = 2.21 FPS s = 0.50% s - 0.50% Des = 1.48' Dioo = 1.63' n = 0.035 n - 0.035 SECTION 'B-B' CALCULATIONS @ STA. 3+75 N.T.S. THE LOCATION OF ALL EXISTING UNDERGROUND UTILITIES ARE SHOWN IN APPROXIMATE LOCATIONS ONLY. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. THE CONTRACTOR WILL AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE INCURRED BY THEIR FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES, STRUCTURES OR FACILITIES, CONTRACTOR SHALL NOTIFY ENGINEER OF ANY DISCREPANCIES 24- HOURS PRIOR TO COMMENCING CONSTRUCTION. Li 0') d0 Q Ln 0 r" 00 � I 000 � ! L0 Nm W � 00 N (D cn<Cr- (D z~ 0 N CL w z Q00 w ©sww= Q �m LLJ �Mm %D 113 z i m z n z W 1 b z i � Lij ami > AA U z W W z c� z W THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF TOMAS Y. CUNANAN P.E. # 99439 ON 915114. IT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES. ui o z M l.L 0 r" 00 0 ti =N� 'd' H LLM i z~ 0 N CL w z r z of LLJ �Mm LU W 113 z i m z n z ° w 1 b z i � Lij ami > O W V o z M l.L 0 r" 00 0 ti =N� 'd' H z~ 0 N CL w z LL o -3D z of LLJ �Mm LU W 113 z EXHIBIT i 3 of 3 'd' O 0 N 0 LLJ p uj m z n z ° w m o b z � Lij w > O U d EXHIBIT i 3 of 3 The following Appendices are provided as supplemental materials to support this JLUS process, the recommendations, and the final JLUSproducts. The appendices that are included for the ]BSA-Rando|ph AFB JLUSare: Appendix A— Fact 6heets_.................................................... A-1 m This appendix provides the fact sheets that were distributed to the committees and public in effort to educate the public about the ]LU5process. III 11i; siriiilzi m This appendix provides a copy of the Z011 DOD Instruction for A|CUZ Programs for h(C— PuNic Comments.... ....................................................C-1 m This appendix provides a compilation of all the public comments received on the JILUS process, report, and recommendations throughout this J LUS process. ixD — Advisory Committee Meetings ... . .......... ... ~. ...... ....—...~........ .D-1 m This appendix provides a compilation of the advisory committee meeting agendas and sign-in sheets for reference. AppendixE — ExecotiveCVrnmittee E-1 m This appendix provides a compilation of the executive committee meeting agendas and sign-in sheets for reference. Appendix F— Client Comments . ..... . ... ...... ............ .. ............ .—....... ............ ......... F1 m This appendix provides a compilation of all the client comments for each document submitted for review. Appendix A-0 Appendix A jBSA-Randolph AFB Fact. Sheets Appendix A Fact Sheets A -1 and Objectives? A Joint Land Use Study (J LUS) is a cooperative planning effort conducted as a joint venture between an active military installation, surrounding cities and other affected stakeholders. The JBSA-Randolph JLUS is funded through (DOD), Office of Economic Adjustment (OEA) and contributions by the JLUS project manager, Bexar County. The JLUS effort can benefit both JBSA- ° Protecting the health and safety of proximate residents and workers; Preserving long-term land use compatibility between JBSA- Randolph and the surrounding ° Promoting comprehensive community planning that addresses compatibility issues; Enhancing a cooperative spirii between JBSA-Randolph and community officials; and Integrating surrounding local jurisdiction growth policy plans with the installation's plans. develop airmen of today and tomorrow through various education disciplines and training activities. ]BSA-Rando|ph supports local communities through direct and indirect employment, operations and maintenance contracts, and asanactive member of the local communities. JBS&- Rando|phsupportsandservesover 17'000 personnel providing regional economic impact of$zz4million. Who Will Guide the JLUS Interagency Coordination Cornraunication Interagency coordination na!auestnthc level of interaction on compatibility issues among military installations, jurisdictions, land and resource management agencies, and conservation authorities. 2 2 Use Thcbasbnf|andusep|annin8ndaues to the government's role in protecting the public's health, safety, and welfare. County and local jurisdictions' growth policy/ general plans and zoning ordinances can be the most effective tools for avoiding, orresolving, land use compatibility issues. These tnn|` ensure the separation of land uses that differ significantly incharacter. Land use separation also applies tn properties where the use of one property may impact the use of another. For instance, industrial uses are often separated from residential uses toavoid impacts n,|AeP94ise, odors, lighting, etc. 4 Verticc-il Obstructions Vertical obstructions are created by buildings, trees structures, or other features that may encroach into the navigable airspace used for military operations (aircraft approach, transitional, inner horizontal, outer horizontal, and conical areas, aswell as military training routes). These can present asafety hazard to both the public and military personnel and potentially impact military readiness. This factor covers the extension orprovision nf infrastructure (mads, sewer, water, etc)in the vicinity of the installation. Infrastructure can enhance the operations of the installation by providing needed services, such assanitary sewer treatment capacity and transportation systems. However, enhanced orexpanded infrastructure could also encourage growth into areas near h n that might not be compatible with current or future missions. Antijanoricm/pnrooProt—f-iun (AT /PP� relates to the safety of personnel, facilities, and information onan installation from outside threats. Methods ,u protect the installation and its supportive facilities can impact off-installation uses. 19. Energy Development 14Frequency Spectrum 1mpedance/ Interference Public Trespassing tur sources 17 Legislative Initiatives Water quality / quantity concerns include the assurance that adequate water supplies of good quality are available for use bythe installation and surrounding communities as the area develops. Water supply for agricultural and industrial use isalso considered. 0 ON Sensitive biological resources include federally-listed threatened and endangered species and the habitats they exist in or utilize. These resources may also include areas such as wetlands and migratory corridors that are critical to the overall ecosystem. The presence ufsensitive biological resources may require special development considerations and should be included early in the planning process. 7 Marine Environments Regulatory or permit requirements protecting marine and ocean resource can cumulatively affect the military's ability to conduct operations, training exercises, or testing ina water-based environment. Fact Sheets NA I'm RAO W -M Pressure »o gain access to valuable natural resources (such as oil, natural gas, and minerals) located on military installations, within military training areas, oronpublic lands historically used for military operations can impact land utilization and military operations. 22Spaces The military manages or uses land, air, and sea space to accomplish testing, training, and operational missions. These resources must be available and ofasufficient size' cohesiveness, and quality tnaccommodate effective training and testing. Competition for these shared resources can impact future growth in operations for all users. 24Roadway Capacity Roadway capacity relates to 'he ability ofexisting freeways, highways, arteda|4 and other local roads toprovide adequate mobility and access between nUitary installations and their surrounding IMIMW ]HSA-Randophis located innortheastern Bexur County, Texas and bsituated outside the San Antonio city limits and is completely surrounded byseveral small municipalities: the City ofUniversal City to the north; the City of5chertzto the northeast, east and south; and the City of Converse to the west. This area is almost completely urbanized except for undeveloped areas in Converse and Schertz. ]8SA-Seguhn Auxiliary Airfield isa sub- installation of]BSA'Randn|phandis located one mile east-southeast of the City of Seguin along U.S. Route go(US-go). The City of Seguin is characterized asa rural and agriculture-friendly municipality located 3o miles east ofJ85A-Rando|ph along the Interstate-lo and US-go corridor Stinson Municipal Airport is owned and operated by the City of San Antonio. |t is situated in San Antonio City Council District 3' just south of downtown and is open to public use. |tis approximately 3] miles south-southwest ufJ8SA-Rando|ph proper and is contracted by the DOD to enable flying training exercises. The area around Stinson Municipal Airport is The ]BSA-Rando|phJLUS Study Area was designed to encompass all lands and operational areas of]BSA-Rando|ph locations and use areas that may impact current or future military operations or be impacted by these operations. The proposed Study Area (shown on the map below) is the initial area ofinvestigation for the collection nf data. The final Study Area will be refined based oninformation collected and input from the public and the JLUS Committees. For Additional County nfBexar IJ3N. Pecos La Trinidad, Suite q2O Information Public Works Department San Antonio, TX70207 Contact: /bsa'rj|us@benar.org P(21O)535'U7I6 R(21O)]55'6713 Matri � Rev. 2013 10 08a The strategy types presented within this fact sheet constitute a"too|box" of possible actions that can betaken tn address the range ofcompatibility issues identified during the ]LUSprocess. This document is intended to start the discussion to develop specific strategies � Acquisition * Code Enforcement * Communication and Coordination * Comprehensive / Master Plans that are useful in the study area. For each strategy type, a brief overview is provided to assist incommunicating a general understanding of its intent. It will beupto each individual stakeholder to determine the best assortment of tools / strategies that are appropriate for their jurisdictions oragencies. |tis important to note that once the JLUS process is completed, the final document is not an adopted plan, but rather a recommended set ofstrategies which JLUS stakeholders have agreed should be implemented tuenhance Air Installation Compatible Use Zone (AICUZ) N Partnership with Non-Governmentli Organizations * Real Estate Disclosures * Zoning Ordinancel Subdivision Regulations pua land use planning tool, property rights can be acquired through donation, easement, or the outright purchase of property for public purposes. The purpose ufacquisition tools isto eliminate land use incompatibilities through market transactions and the local development process. Acquisition tools are particularly effective because they advance the complementary goals of shifting future growth away from military installations and preserving community assets such as agriculture, open space, rural character, or sensitive natural habitats. Air Installation The Air Installation Compatible Use Zone (wCUz) program isan Air Force planning program developed in response to incompatible urban development and land use conflicts around military airfields. The m{Uz program seeks to provide information on compatibility, develop acooperative relationship between communities and military bases, and provide land use compatibility guidelines that protect public health and safety while maintaining military readiness. xo Airport Master Plan provides the guidelines for future long-term airport development which will satisfy aviation demand ina financially feasible manner, while at the same time resolving the aviation, environmental, and socioeconomic issues existing ina community. The Airport Master Plan process is guided by the FAA and ultimately results in projections offuture growth and anAirport Layout Plan (ALp). All development at federally obligated airports must bein accordance with and FAA- approved ALP. For compatibility planning, airspace planning provides a coordinated apprnadh«,the designation pfi%,981�ipl use airspace. Avigation Easement ^n easement isa non-possessory right touse land owned by another party. xnavigation easement isan easement that grants the holder one nr more of the following rights: the right of flight; the right ^o cause noise, dust, or other impacts related toaircraft flight; the right tn restrict orprohibit certain lights, electromagnetic signals, and bird-attracting land uses; the right tn unobstructed airspace over the property above a specified height; and, the right of ingress nr egress upon the land toexercise those rights. Similar uza local ju,isdiction,mi|hary installations maintain a|nng-ran8ep|an, such as general plans and master plans. The installation's general/master plan bthe primary document that is used to guide the development and use nf physical assets and the protection ofresources. The general / master plan is used tv ensure aninstallation maintains the land use areas and infrastructure needed to respond tn its development program and future mission potential. Fact Sheets Bird /Wildlife Strike Hazard The Bird /Wildlife Aircraft Strike Hazard (BASV) program is aimed at reducing the potential for collisions between military aircraft and birds and other wildlife. Knowledge of where birds travel, nest, and feed helps the military avoid problem areas, and therefore saves lives and avoids the destruction cd valuable aircraft. The program also looks to work with local stakeholders to avoid actions that would increase BASH incidents. The BASH program considers not only birds / wildlife within the confines ofthe airfield, but also in neighboring areas. Building Codes / Construction Standards Building codes and construction standards are ordinances and regulations controlling the design, construction processes, materials, alteration, and occupancy of any structure to safeguard human safety and welfare. They include both technical and functional standards and generally address structural safety, fire safety, health requirements, and accessibility. Noise attenuation requirements, for example, are typically covered under this category. Program a Capital Improvement Program (op)ba detailed planning document used to plan and direct a jurisdiction's nr agency's investment |n public facilities, including infrastructure. The c|P lays out the public facilities plans and programs ofd`cjurisdicdunn,agcncy and provides details nn expenditures that can bc incorporated into the jurisdiction's or agency's annual budgeting process. Most c|ps cover multiple years in order tn plan for major expenditures and projects. »VA The purpose ofa code enforcement program isto promote and maintain a safe and desirable living and working environment. Related to land use compatibility, code enforcement iso tool used bya community tn ensure adherence to its rules and regulations. Communication and Coordination |n any planning effort, plans can only move toward successful implementation if frequent ongoing communication is maintained among local jurisdictions, the military, state and federal agencies, Native American tribal groups, landowners, and the public. Enhanced communication and coordination isan integral component to successful compatibility planning |nsupport of the military's existing and potential fvturemission(s). These are long-range p|anstha outline goals and policies tn guide the physical development ina county n,city. Comprehensive plans are designed tnserve as the jurisdiction's blueprint for future decisions concerning physical development, including land use, infrastructure, public services, and resource conservation. Most comprehensive plans consist of written text discussing the community's goals, objectives, policies, and programs for the distribution nf land use as well as one or more diagrams illustrating the general location ufexisting and future land uses, roadways, public facilities and parks and open space. Covenants Deed restrictions, or covenants, are written agreements that restrict or limit some ufthe rights associated with property ownership. These restrictions are recorded with the deed for the property and are attached to the property when itis sold toa new owner (ie, they remain ineffect). Deed restrictions are private agreements n,contra'ts executed between a motivated buyer and a willing seller. property, fall into three categories: (1) those that keep the hazard away from people, property, and structures; (z) those that keep people, property, and structures away from the hazard; and (3) those that reduce the impact of the hazard. The primary objective of habitat conservation tools b the conservation and protection of sensitive natural habitats and the species that occupy them. An example of this is the federal Endangered Species Act (ESA) which allows for the development o/Habitat Conservation Plans (HCPs).AnHCPidentifies and provides for the regional orarea-wide protection of plants, animals, and their habitats, while allowing compatible and appropriate economic activity. The primary objective of the *{P program istoconserve natural communities at the ecosystem |eve| while accommodating compatible land use. Hazard mitigation is defined as any sustained, cost effective action taken to reduce or eliminate long-term risk to people, property, and the environment from natural and man-made hazards and their effects. Hazard Mitigation Plans include actions that have a positive impact over an extended period of time. This distinguishes them from emergency planning or emergency services, which are associated with preparedness for immediate response to, and short-term recovery from, a specific event. Hazard mitigation actions, which can be used to eliminate or minimize the risk to life and Appendix A Fact Sheets I Legislative Tools State and local legislation can have a significant impact on compatibility planning by allowing, restricting, or limiting the tools available tu local jurisdictions to control land use planning activities. Legislative Tools are designed to encourage changes instate and local laws and ordinances tusupport the objectives of the recommended JLUS strategies. Memorandum x Memorandum of Understanding (wOU)b a contract between two n, more government entities. The governing bodies ofthe participating public agencies must take appropriate legal actions, often adoption ofan ordinance ur resolution, before such agreements become effective. The purpose of an MOU is to establish a formal framework for coordination andoonpe,ation.These agreements may also assign roles and responsibilities for all nf the agreement's signatories. These agreements are also known as Joint Powers Agreements or mtedoca|Agreements.