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06-28-2016 Agenda with BackupCity Council Agenda REGULAR SESSION CITY COUNCIL JUNE 28,2016,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 COMMUNITY.SERVICE.OPPORTUNITY Policy Values Safe Community Essential Services High Quality of Life Attractive Community Economic Prosperity Fiscally Sustainable AQUATIC FACILITY HAND PRINT CEREMONY 4:00 P.M. AQUATIC FACILITY CONSTRUCTION SITE Call to Order — City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember John) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 06 -28 -2016 Council Agenda Workshop • Discussion, presentation and updates regarding the Animal Adoption Facility. (D. Wait /D. Wait) • Discussion, presentation and update regarding water odor complaints. (D. Wait /J. Hooks/E. Busch) 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 Regular Meeting of June 7, 2016. (J. KesselB. Dennis) 2. Ordinance No. 16 -D -14 — Consideration and/or action approving an Ordinance amending Section 86 -115 of the City Code of Ordinances, Maximum limits on specific streets by changing the entire length of Corbett Drive to 30 MPH. Final Reading (B. James /K. Woodlee /C. Palomo) 3. Ordinance No. 16 -D -15 — Consideration and/or action approving an Ordinance amending Section 86 -118 of the City Code of Ordinances, Maximum Limits in School Zones for a certain street, removing the school zone for a certain street, and reducing the area for the school zone on a certain street to include the school zone on Corbett Drive Between FM 1518 and Alsation Way. Final Reading (B. James /K. Woodlee /C. Palomo) 4. Ordinance No. 16 -D -16 — Consideration and/or action approving an Ordinance amending Section 86 -149 of the City Code of Ordinances, Parking Prohibited, to include a 5 minute parking zone limit at the Kramer Farm mail kiosk. Final Reading (B. James/K. Woodlee /C. Palomo) 5. Cancellation of the July 5, 2016, City Council Meeting — Consideration and /or action approving the cancellation of the July 5, 2016 City Council meeting. (J. Kessel /B. Dennis) 6. Excused Council Absences — Consideration and/or action excusing City Council Member absences for the following dates: March 1, 2016, April 12, 2016, May 3, 2016, May 10, 2016 and May 24, 2016. (B. Dennis /Mayor /Council) Discussion and Action Items 7. Resolution No. 16 -R -42 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas Authorizing and Approving Publication of Notice of Intention to Issue one or more series of Certificates of Obligation; complying with the requirements contained in Securities and Exchange Commission Rule 15c2 -12; and providing an effective date. (J. Kessel /J. Santoya /J. Walters) 06 -28 -2016 City Council Agenda Page - 2 - 8. Resolution No. 16 -R -47 — Consideration and /or action approving a Resolution by the City of Schertz, Texas repealing the section of Resolution No. 16 -R -40 pertaining to the cancellation of the August 2, 2016 Council meeting. (J. Kessel /J. Walters) 9. Resolution No. 16 -R -43 — Consideration and/or action approving a Resolution authorizing the Schertz - Seguin Local Government Corporation ( SSLGC) Budget Amendment for Fiscal Year 2015 -2016 in the amount of $400,000 as a transfer to the SSLGC Repair and Replacement Fund. (D. Wait /A. Briggs) 10. Resolution No. 16 -R -45 — Consideration and/or action approving a Resolution by the City of Schertz authorizing expenditures with BB Inspections totaling no more than $95,000 for Building Inspection Services during the remainder of the 2015 -2016 Fiscal Year. (B. James /L. Wood/B. Cox) 11. Resolution No. 16 -R -46 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz authorizing the City Manager to sign an Interlocal Agreement for Fire Protection Services with the County of Bexar, Texas. (D. Wait /D. Covington) 12. Resolution No. 16 -R -44 — Conduct a public hearing and consideration and /or action approving a Resolution authorizing the filing of a Petition for Injunctive Relief to gain PH necessary access for determining the location of an easement and the future use of the power of eminent domain to acquire easements necessary for the completion of pipelines and appurtenances designed to carry wastewater. (B. James /K. Woodlee) 13. Resolution No. 16 -R -48 — Consideration and/or action approving a Resolution authorizing an amendment to the existing agreement with the San Antonio River Authority (SARA) for sewage transportation, treatment and disposal. (D. Wait /J. Hooks /J. Walters) 14. Ordinance No. 16 -M -18- Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas amending the City of Schertz Code of Ordinances and certain other ordinances by amending the Fee Schedule and establishing and setting fees related to the sewerage transportation, treatment and disposal for the properties serviced by the San Antonio River Authority (SARA). First Reading (D. Wait /J. Hooks /J. Walters) 15. Ordinance No. 16 -T -17 — Consideration and/or action approving an Ordinance authorizing an Assignment and Assumption Agreement among Corridor Hotel II, LTD., and Silverwest- I Schertz(F) LLC. First Reading (J. Kessel /K. Kinateder) 16. Resolution No. 16 -R -49 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz authorizing the approval of a request for a Historical Incentive Program for the Main Street area grant for 807 Main Street. (B. James /B. James) Roll Call Vote Confirmation Executive Session 06 -28 -2016 City Council Agenda Page - 3 - 17. City Council will meet in closed session under section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Municipal Judge and Prosecutor. 18. City Council will meet in closed session under section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Reconvene into Regular Session 17a. Take any action based on discussions held in closed session under Agenda Item 17 including possible increase in salary. 18a. Take any action based on discussions held in closed session under Agenda Item 18 including possible increase in salary. Roll Call Vote Confirmation Requests and Announcements 19. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 20. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. 21. 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 Adl'ournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 24th DAY OF JUNE, 2016 AT 11:30 A.M. WHICH IS A 06 -28 -2016 City Council Agenda Page - 4 - PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. P>revOn Devxvk,is Orenda Dennis, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2016. 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 Councilmember 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 Mayor Pro -Tem Edwards — Place 4 Councilmember Thompson Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 06 -28 -2016 City Council Agenda Page - 5 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: June 28, 2016 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a Regular Meeting on June 7, 2016. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular Meeting of June 7, 2016. ATTACHMENTS Regular Meeting of June 7, 2016. MINUTES REGULAR MEETING June 7, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 7, 2016, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Jim Fowler Councilmember Daryl John Staff Present: Executive Director Brian James City Attorney Charles Zech Assistant to the City Manager Sarah Gonzalez Call to Order — City Council Regular Session Mayor Carpenter called the meeting to order at 6:0 Mayor Pro -Tem Cedric Edwards Councilmember Grumpy Azzoz Councilmember Robin Thompson City Manager John Kessel Executive Director Dudley Wait City Secretary Brenda Dennis 0 P.M. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Azzoz) Councilmember Azzoz provided the opening prayer followed by the pledges of allegiance to the flags of the United States and the State of Texas. City Events and Announcements *_0 • Announcements of upcoming City Eveuts_(B. James/D. Wait /S. Gonzalez) Mayor Carpenter recognized Executive Director Dudley Wait who provided the following , ouncements: 9 'Wonday, June 6 Junior Fire Academy Iiay, June 10 Schertz Fire Department, 8:00 AM- 12:OOPM Camp is for students of Schertz residents entering the 5th or 6th grade in the 2016/2017 school year. • Tuesdayjrune 7 Schertz Chamber Lunch & Learn Thursday, June 9 Legacy at Forest Ridge, 11:40 AM -1:30 PM Schedule a tour at the most advanced senior living community in Schertz! Join us for a healthy lunch and learn how The Legacy improves the lives of seniors. From physical fitness, culinary excellence and superior care, The Legacy provides a connected, active, purposeful, and safe life. Space is limited, call for an appointment at 519 -5257. 06 -07 -2016 Minutes page - i - • Thursday, June 9 Northeast Partnership Meeting Olympia Hills Golf Course and Conference Center, 11:30 AM • Friday, June 10 Grand Opening/Ribbon Cutting for Pollo Tropical 17605 IH 35 N, 10:30 A.M. • Friday, June 10 Strike Out Hunger: Bowl- A -Thon Hill Country Lanes -23129 IH 35, 6:00 PM Join The Chamber's Ambassador Committee as they host a night of bowling, raffles, food, and fun to benefit the Randolph Area Christian Assistance Program. Registration: 5 person teams - $150 For additional information, please contact: Farelle Woodard at farelle @dossaudiology.com or 210.819.5002. • Friday, June 10 Tee Off for the Library -Day 17 Friday, Adult Par -Tee $10 per person, 6:00 PM - 10:00 PM, Schertz Public Library Mini Golf Fundraiser to expand the E -Book collection. 2 -Day event held at the Library. • Saturday, June 11 Tee Off for the Library -Day 2- Saturday: Family Fun Day $5 per Person. 9:00 AM — 7:00 PM, Silent auction, games and more The Library will be closed during norinal business hours both days. For more information, call 619 -1700. • Saturday, June inding Nemo Movie ell Park -Gates open 7:00 PM. Food available for purchase. Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated they had some personnel who have changed duties recently: Doug Letbetter, Jim Hooks, and Dudley Wait. There was a situation with some drainage in an older part of town. They have been working with a resident who had concerns. After they met she stated she felt she had not only been heard but her situation was addressed and she had a lot of confidence in the city as a result. Staff worked together coordinating with each other and the different citizens. He thanked Doug, Jim, and Dudley for that cooperative effort. New Employee Recognition • Animal Services — Animal Services Officer Colette Dorrell • Utility Billing — Meter Technician 1 Justin Franklin • IT — IT Web Developer Keyasha Brothern • Police Department — Police Officer Amanda Catoe, Police Communications Officer Matthew Llanez • Public Works — Public Works Street Worker 1 Doug Crawford, Water/Wastewater Serviceman 1 Michael Eighinger, Fleet Mechanic 1 Steven Brozovic and Brian Siepert • Public Affairs — Pt. Time Customer Relations /311 Representative Renee Sweeney - Tidball 06 -07 -2016 Minutes Page - 2 - Each new staff member was introduced to Council by their Department Manager /Supervisor who also provided a short bio on them. Each employee was allowed an opportunity to speak if they wished and Mayor and Council welcomed each one to City staff. Presentations: • Presentation regarding Mental Health Awareness by Susan Delano and Lauren Richter of Connections Individual and Family Services. Mayor Carpenter recognized Ms. Susan Delano, Development Director who stated she had a short video that she would have the City Secretary e -mail to Council /Mayor to watch at their convenience since tonight they were having technical difficulties showing it. Ms. Delano explained the organization began 33 years ago by a group of community citizens. They are based out of the New Braunfels area. The organization started because of a need to help `latch key kids' stay busy, out of trouble, and be able to strive for something different than what they knew. She told two true stories about children they have helped. Ms. Delano turned the program over to Lauren Richter, STAR Program Director to explain what the organization is doing right here in the Schertz area. Ms. Richter stated that in Schertz they will have their Counseling office. The counselors go into the schools, do home visits, set up groups with different entities (i.e. library) so that the kids have a place to go during the summer. They will provide info on coping skills, anger management skills, getting along with parents, etc. They have partnered with another agency and now are presenting the Youth Mental Health First Aide Training. This is a free training (8 hours) on how to talk with youth who are going through a crisis and what you can do to help them. Ms. Delano stated the organization does a few more things such as operate a program called Safe Place. Annually, they help over 10,000 children per year in 18 counties. This is just in their Prevention Program and STAR (Students at Risk) Program. Through Safe Shelter they help about 300 kids per year. She asked Council to help them out by spreading the word and telling others about their services. Mayor Carpenter invited Council to ask questions. Mayor Pro -Tem Edwards inquired as to how they get their funding. The answer was private donations and federal and state grants. Ninety -eight percent of the funding is from federal /state grants. Councilmember Thompson thanked them for being in the community. Councilmember Fowler inquired whether or not they were connecting with any of the local churches and Ms. Richter stated they were. Councilmember Azzoz thanked the ladies and asked how large the shelter was. In answer, the Emergency Shelter in New Braunfels can hold up to 20 kids per night. She extended an invitation to Council to take a tour of the facility at their convenience. The ladies concluded by showing a short video to council and the audience. They also left information pamphlets in the foyer. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: 06 -07 -2016 Minutes page - 3 - • Mr. Mark Davis, 3644 Marietta Drive, who stated he was going to speak about Resolution 16 -R -41, but prior to the meeting Executive Director Brian James answered his questions. • Mr. Robert Brockman, 1000 Elbel Road, who said he was wondering when the restrooms at the Playscape was going to be repaired and also what the status is of the bridge that was proposed to be built connecting the parking lots at the high school. The third thing is if the information provided council regarding Henry Gutierrez's case was also available to the public to see. Mayor Carpenter provided him a copy and asked Executive Director Brian James to speak with Mr. Brockman regarding his first two questions. Discussion and Action Items 1. Minutes — Consideration and/or action regarding the approval of the minutes of the Special Council On the Go Meeting of May 17, 2016, the Regular Meeting of May 24, 2016, and the Joint Meeting of May 25, 2016. (J. KesselB. Dennis) Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro- Tern Edwards to approve the minutes of the Special Council On the Go Meeting of May 17, 2016, the Regular Meeting of May 24, 2016, and the Joint Meeting of May 25, 2016. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 2. Resolution No. 16 -R -39 — Consideration and/or action approving a Resolution authorizing the approval of the Bexar Metro 911 Budget for Fiscal Year 2017. (D. Wait /D. Wait) The following was read into record: RESOLUTION NO. 16 -R -39 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF THE BEXAR METRO 911 BUDGET FOR FISCAL YEAR 2017, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Dudley Wait who stated Bexar Metro 911, by its charter under the Texas Health and Safety Code is required to seek approval of its annual budget from all of the governmental entities for which it provides 911 services. This is done to insure that all communities under the umbrella of this organization have an opportunity to provide input and direction in the operation and focus of the agency providing 911 services. In previous years, the City of Schertz has taken advantage of this by working with other Metro -com cities to seek dollars for differing projects that would improve the public safety dispatch operations in the City and our region. These actions were instrumental in the development of a Bexar Metro 911 grant program to improve and upgrade dispatch operations that the City has been able to take advantage of on 2 separate occasions. For Fiscal Year 2017, Bexar Metro 911 will be concentrating on getting its new Regional 911 Operations Center up and operational. This 911 communications center will have the capacity to host multiple agency dispatch centers in the event of an emergency that makes their normal locations untenable. The Bexar County Sheriff's Office and Bexar County Fire Alarm will be 06 -07 -2016 Minutes Page - 4 - the anchor tenants in this building. This $45M structure will be completed by the end of this calendar year and has been paid for completely out of reserves of Bexar Metro 911. Executive Director Dudley Wait continues to sit on the Bexar Metro 911 Board of Directors as the Guadalupe County representative. Also, there is no fiscal impact to the City of Schertz by approval of this budget. This budget has no increases in 911 fees so there will be no additional impact upon the citizens of Schertz beyond what they pay today. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 16 -R -39. The vote was unanimous with Mayor Pro-Tern Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Hearing of Residents Mayor Carpenter moved back to the Hearing of Residents section of the ag nda and invited The Chamber President Maggie Titterington to come forward with information that she wished to present. • Ms. Maggie Titterington, The Chamber President, who stated she took the Leadership Core team out to the Connections Individual and Family Services organization and she urged Council to visit them also as actually seeing it makes a huge impact on you. Ms. Titterington thanked Executive Director Brian James and Superintendent of Fleet /Streets Doug Letbetter and the Public Works Department. Two situations have been rectified. One is the Iola Drive drainage situation which is much improved as we witnessed with this last rain. She also stated Executive Director Dudley Wait and Risk and Safety Specialist Nancy Tumlinson helped the Schertz Funeral Home with a sewer line situation they were trying to get rectified. She said it is important these people get these shout outs of gratitude because it is so important that the businesses know they can call and be heard and issues can be rectified. She announced they will have their Home Living Showcase on June 25 and on June 21 they will be celebrating 11 years as The Chamber of Commerce. RSVP by June 14. Mayor Carpenter moved back to the Discussion and Action Items section of the agenda. Discussion and Action Items 3. Resolution No. 16 -R -40 — Consideration and/or action approving a Resolution authorizing an additional Council meeting on August 30, 2016 and the cancellation of the August 2, 2016 Council meeting. (J. Kessel /J. Santoya/J. Walters) The following was read into record: RESOLUTION NO. 16 -R -40 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADITIONAL COUNCIL MEETING ON AUGUST 30, 2016 AND 06 -07 -2016 Minutes Page - 5 - THE CANCELLATION OF THE AUGUST 2, 2016 COUNCIL MEETING, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Assistant Director of Finance James Walters who stated the City Staff recommends adding a council meeting on August 30, 2016 for the budget and tax rate adoption schedule. To keep the total regular council meetings to a limit of 3 per month, it is also recommended to cancel the August 2, 2016 council meeting. In the past, August has been the month were the City goes through the budget and tax rate adoption process in a way that meets state statutes and the directive of our own City Charter. Our normal structure plan is to adopt both the budget and tax rate on the first Tuesday of September. This year there are 5 Tuesdays in August which means the last Tuesday there would not be a council meeting. The last Tuesday in August is normally the second public hearing, which is required to have prior to the adoption of a rate above the effective tax rate. Even if the City recommends to adopt a tax rate below the effective rate it has been our practice to hold these public hearings to provide two -way communication with our citizens. If the City cannot hold the second public hearing on the last week of August, the adoption schedule would be pushed back one week. Staff recommends holding with our past practices to aim to adopt the budget and tax rate at the first of September. This gives City staff time to prepare forms and approve initiatives that would start October 1St. This additional preparation time lets staff communicate the next year initiatives to all employees and to prepare our financial system with the new budget. It also removes any ability to delay the process in the event of a change. The two public hearings must be held within 2 weeks of one another per the state statutes. By skipping a council meeting in- between the public hearings, we can still be in compliance but it removes any possibility to adjust in case of any unforeseen event that we would cause a delay. Staff recommends holding the public hearings on back to back weeks to provide a safety net in the process that allows flexibility to address any issues that may come up. Mayor Carpenter recognized City Man er John Kessel who stated they are looking into having a retreat on Friday, July 29, which would lend itself to cancelling the August 2 meeting. They will be discussing things more related to infrastructure, facilities, and the prioritization of those items rather than the details of the budget. It is related to the budget but is not going to drive the budget. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Fowler to approve Resolution No. 16 -R -40. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 4. Ordinance No. 16 -D -14 — Consideration and /or action approving an Ordinance amending Section 86 -115 of the City Code of Ordinances, Maximum limits on specific streets by changing the entire length of Corbett Drive to 30 MPH. First Reading (B. James/K. Woodlee /C. Palomo) The following was read into record: 06 -07 -2016 Minutes Page - 6 - ORDINANCE NO. 16 -D -14 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86 -115, MAXIMUM LIMITS GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Graduate Engineer Cecilia Palomo who stated the Public Works and Engineering staff received a request to regulate the speed limit on Ray Corbett Drive. At the time of the request, it was found that a speed limit had never en set for Ray Corbett Drive. The street was accepted by the City in August, 2010, and a spe limit was not added to the City Code of Ordinances. Ray Corbett Drive is a 40 foot wide collector street. $225.00 for the Corbett Drive Speed Limit signs will be paid for by using the Street Maintenance account out of the FY 2015 -16 approved budget, contingencies; budget account number 101 - 359551600. Staff recommends that a speed limit of 30 mph be assigned to this collector. Mayor Carpenter moved, seconded by Councilmember Fowler to approve Ordinance No. 16- D-14 first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 5. Ordinance No. 16 -D -15 — Consideration and /or action approving an Ordinance amending Section 86 -118 of the City Code of Ordinances, Maximum Limits in School Zones for a certain street, removing the school zone for a certain street, and reducing the area for the school zone on a certain street to include the school zone on Corbett Drive Between FM 1518 and Alsation Way. First Reading (B. James /K. Woodlee /C. Palomo) The following was read into record: #40%61, ORDINAN NO. 16 -D -15 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CITY CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86 -118, MAXIMUM LIMITS IN SCHOOL ZONES, AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Graduate Engineer Cecilia Palomo who stated the Schertz Cibolo Universal City Independent School District (SCUCISD) has requested that a school zone on Ray Corbett Drive be established. Currently, a school zone does not exist on Ray Corbett Drive and is recommended to protect school children and drivers during hours of heavy traffic associated with Ray D. Corbett Junior High School. The school zone on Ray Corbett Drive is recommended to have a reduced speed limit of 20 miles per hour (Item #4 on this agenda is to establish a general speed limit of 3o miles per hour) and to extend from FM 1518 and run 1,800 feet to 250 feet southwest of Alsatian Way. 06 -07 -2016 Minutes page - 7 - The goal is to ensure that school zones are up to date in the City of Schertz, that speed limits in school zones are reflective upon the times that students will be going to and from school to provide for safe travel, and to provide for the proper area needed for school zones. $225.00 for the Corbett Drive School Zone signs will be paid by using Street Maintenance out of the FY 2015 -16 approved budget, contingencies; budget account 101 - 359551600. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Ordinance No. 16 -D -15 first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers.4"' Ier, Azzoz, John and Thompson voting for and no one voting no. Motion passe 6. Ordinance No. 16 -D -16 — Consideration and/or action approving an Ordinance amending Section 86 -149 of the City Code of Ordinances, Parking Prohibited, to include a 5 minute parking zone limit at the Kramer Farm mail kiosk. First Reading (B. James /K. Woodlee /C. Palomo) The following was read into record: ORDINANCE NO. 16 -D -16 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 86, ARTICLE V, SECTION 86 -149 PARKING PROHIBITED; AND PROVIDING AN EFFECTIVE DATE. AW Aw Mayor Carpenter recognized Graduate Engineer Cecilia Palomo who stated the Kramer Farm Subdivision includes a mail kiosk on Tractor Pass between Planters Pass and Wagon Wheel (Exhibit A). Tractor Pass is a local residential street with one travel lane in each direction. Currently there are no off street or designated parking areas for citizens to park their vehicles while they collect their mail. Representatives of the subdivision Home Owners Association (HOA) reported that cars of nearby residents regularly park in front of the kiosk impeding residents' access to the mail kiosk. The HOA requested that the Transportation Safety Advisory Commission (TSAC) consider recommending a restriction of parking in front of the mail kiosk to a five- minute limit. At the regular meeting of the TSAC on April 7, 2016, the Commission discussed this item and recommended to restrict parking in front of the mail kiosk on Tractor Pass. Engineering and Public Works recommend special parking restrictions in front of the kiosk on Tractor Pass, limiting parking to 5 minutes, for the purpose of mail pickup and drop -off. The goal is to ensure that residents can access their mail kiosk. Council expressed their opinions about why the Ordinance doesn't apply to every mail kiosk in the city. Councilmember Azzoz recommended tabling this until later to make it inclusive in all neighborhoods rather than in just one specific area. Ms. Palomo stated that TSAC did recommend this action. Executive Director Brian James stated that at this time there have been no other complaints. If Council wants to table this, staff would have to go out and look at 06 -07 -2016 Minutes Page - 8 - each circumstance and come back with a comprehensive recommendation so they could tailor them to the specifics of each neighborhood. Mayor Pro -Tem Edwards stated he feels we should pass this one now for this neighborhood and then staff could come back later with a more comprehensive recommendation. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Ordinance No. 16 -D -16 first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 7. Resolution No. 16 -R -41 — Consideration and/or action approving a Resolution authorizing the License and Management Agreements with the YMCA for Operation and Maintenance of the Recreation Center, Outdoor Pools, Splash Pad, Enclosed Community Swimming Pool of Competition Quality, and Indoor Recreation Pool. (B. James /B. James) The following was read into record: RESOLUTION NO. 16 -R -41 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING LICENSE AND MANAGEMENT AGREEMENTS WITH THE YMCA FOR THE MANAGEMENT AND OPERATIONS OF THE RECREATION CENTER, OUTDOOR POOLS, SPLASH PAD, ENCLOSED COMMUNTY SWIMMING POOL OF COMPETITION QUALITY AND INDOOR RECREATION POOL AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Brian James who stated in 2014 City Council approved Resolution 14 -R -59 to authorize entering into the agreements with the YMCA to operate the new enclosed swimming pool facility, contribute funding, and continue to operate the City's Recreation Center and outdoor pools. As Staff has indicated to Council at work sessions since then, the agreements have not been executed while the design work continued and the agreement with SCUCISD was being finalized and the final scope of the facility was determined. These items were not known until the City executed a contract and finalized the plans with the CM at Risk (Byrne). In speaking with Bond Counsel, a recommendation was made to adjust language in Section 7 (a) and (b) with regard to the bond issuance by the City to provide overall lower costs. These provisions reference the City issuing approximately $2,000,000 in bonds to be used for the project that allows for the additional body of water to be included in the project. This additional body of water is better suited to be used by more members of the community — seniors, small children, etc. for water aerobics, beginning swim lessons, water therapy, etc. than the body of water that is of competition quality. To summarize the past discussion, constructing the indoor recreation pool necessitates the City, in partnership with the YMCA who will pay $2,000,000 over twenty years to go toward the debt service of the approximately $2 million bonds. The two agreements are for 20 years, but allow the City to close either or both of the two outdoor pools. While there is no plan to close either outdoor pool, this provision provides 06 -07 -2016 Minutes Page - 9 - flexibility to the City. The agreements continue the membership plan for use of the recreation center and adds access to the competition pool and recreation pools. The agreement also provides for a day pass to the pool at a cost of $6.00 per day for residents ($15.00 for a family that lives in Schertz). The goal is to maximize the benefit to the citizens by extending the license agreement for the Recreation Center and management agreement for the two Outdoor Pools, and entering into a license agreement for the community swimming pool of competition quality and indoor recreation pool. The community will benefit from this new indoor Aquatic Facility containing a community pool of competition quality and a second pool that will be suitable for a variety of uses as well as experienced proven management of all of the facilities. Staff recommends approval of Resolution No. 16 -R -41. Mr. James answered questions from Council regarding the future payments the City will make to the YMCA for operating the aquatic facility and what the fees /charges will be to the residents and non - residents who will use the pools. Various councilmembers provided comments and observations regarding the pools, their associated expenses and services and the economic and quality of life benefits to the community. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 16 -R -41. The vote was 4 -1 -0 with Mayor Pro -Tem Edwards, Councilmembers Fowler, John and Thompson voting for and Councilmember Azzoz voting no. Motion passed. Roll Call Vote Confirmation 'a �^ Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for agenda items 1 through 7. Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were made. 9. Future Agenda, Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. Mayor Carpenter recognized Councilmember Thompson who requested an update on the repair of street lights on Schertz Parkway from IH 35 to past Wiederstein at the next meeting. 06 -07 -2016 Minutes Page - 10 - Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated he understands Randolph doesn't have any RV slots at their facility and he asked about the Pecan Grove area that has power to their slots for RV's. Is it possible for the City to acquire that? City Manager John Kessel stated they would have to research that and will then provide the data directly to him. 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Carpenter recognized Councilmember Fowler who stated that he attended the following events: • May 10, CVLGC Joint Board Meeting • May 26 & 27, Hog Wild Continuing Education Seminar in San Marcos • Seminar at First Baptist Church in Universal City topic. Church Security • May 30, Schertz Veterans Memorial Ceremony Mayor Carpenter recognized Councilmember Thompson who stated on May 18th after a storm, a tree from the city's right -a -way fell on Mary Novak's property. She later sent a `Thank You' message to Councilmember Thompson commending the staff members who were involved in taking care of it: Doug Letbetter, Carl Quast, and Thomas Brooks. Councilmember Thompson also thanked staff for helping the resident. Adjournment Mayor Carpenter adjourned the meeting at 7:32 p.m. �'N ATTEST: Brenda Dennis, City 06 -07 -2016 Minutes Page - i i - Michael Carpenter, Mayor Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: June 28, 2016 Department: Public Works /Engineering Subject: Ordinance No. 16 -D -14 Consideration and/or action on approval of Ordinance No. 16 -D -14 amending section 86 -115 of the Code of Ordinances regarding maximum speed limits. Final Reading BACKGROUND Public Works and Engineering staff received a request to regulate the speed limit on Ray Corbett Drive. At the time of the request, it was found that a speed limit had never been set for Ray Corbett Drive. The street was accepted by the City in August, 2010, and a speed limit was not added to the City Code of Ordinances. Ray Corbett Drive is a 40 foot wide collector street. Staff recommends that a speed limit of 30 mph be assigned to this collector. City Council approved this on first reading at their meeting of June 7, 2016. FISCAL IMPACT $225.00 for the Corbett Drive Speed Limit signs to be paid using Street Maintenance out of FY 2015 -16 approved budget, contingencies. 101 - 359551600 RECOMMENDATION Staff recommends Council approve final reading of Ordinance No. 16 -D -14. ATTACHMENT Ordinance No. 16 -D -14 City Council Memorandum Page 2 Ray Corbett Drive Exhibit ORDINANCE NO. 16 -D -14 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86 -115, MAXIMUM LIMITS GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1 Section 86 -115 of the Code of Ordinances, City of Schertz, Texas shall be amended to add the following: "Section 86 -115, Maximum limits generally on specific streets" Street Extent Speed Limit Ray Corbett Drive Entire Length 30 MPH SECTION 2 1. All ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are hereby repealed. 2. This Ordinance shall be in force and effect from and after its final passage. [The remainder of this page intentionally left blank.] PASSED AND APPROVED on first reading the 7th day of June, 2016 PASSED AND FINALLY APPROVED on second and final reading the 2e day of June, 2016. Michael R. Carpenter, Mayor 50050608.2 A -1 ATTEST: Brenda Dennis, City Secretary [CITY SEAL] 50050608.2 A -2 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: June 28, 2016 Department: Public Works / Engineering Subject: Ordinance No. 16 -D -15 - Providing that the Code of Ordinances for the City of Schertz be amended by revising section 86 -118 — Maximum Limits in School Zones including the school zone for a certain street and providing an effective date Final Reading. BACKGROUND The Schertz Cibolo Universal City Independent School District (SCUCISD) has requested that a school zone on Ray Corbett Drive be established. Currently, a school zone does not exist on on Ray Corbett Drive and is recommended to protect school children and drivers during hours of heavy traffic associated with Ray D. Corbett Junior High School. The school zone on Ray Corbett Drive is recommended to have a reduced speed limit of 20 miles per hour (Item #4 on this agenda is to establish a general speed limit of 30 miles per hour) and to extend from FM 1518 and run 1,800 feet to 250 feet southwest of Alsatian Way. City Council approved this on first reading at their meeting of June 7, 2016. Goal To ensure that school zones are up to date in the City of Schertz, that speed limits in school zones are reflective upon the times that students will be going to and from school to provide for safe travel, and to provide for the proper area needed for school zones. Community Benefit By working cooperatively with the SCUCISD, the City can promote safety for students traveling on city -owned streets and crosswalks. Summary of Recommended Action Recommend approval of final reading of Ordinance No. 16 -D -15. FISCAL IMPACT $ 225.00 for the Corbett Drive School Zone signs to be paid using Street Maintenance out of FY 2015 -16 approved budget, contingencies. 101 - 359551600 RECOMMENDATION Staff recommends approval of Ordinance 16 -D -15 on first reading. ATTACHMENT(S) City Council Memorandum Page 2 Ordinance 16 -D -15 Corbett Drive Exhibit ORDINANCE NO. 16 -D -15 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CITY CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86- 118, MAXIMUM LIMITS IN SCHOOL ZONES, AND PROVIDING AN EFFECTIVE DATE WHEREAS, §542.202 of the Texas Transportation Code provides that local authorities with respect to a highway under its jurisdiction and in the reasonable exercise of the police power can designate school crossing zones; and WHEREAS, §541.302 of the Texas Transportation Code defines a "school crossing zone" as a reduced speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary school or secondary school during the time the reduced speed limit applies; and WHEREAS, the City has received a request from the Schertz - Cibolo Universal City Independent School District (SCUCISD) to designate a school crossing zone on Ray Corbett Drive; and WHEREAS, the City has investigated and determined that it would be advantageous and beneficial to the citizens of the City to amend Section 86 -118 of the Schertz Code of Ordinances as set forth below. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That Section 86 -118 Maximum Limits in School Zones of the Code of Ordinances, on roadways maintained by the City of Schertz, Texas be amended to add the following: "Section 86 -118, Maximum limits in school zones" Street Extent Speed Limit (MPH) Ray Corbett Drive From FM 1518 to 300 feet 20 southwest of Alsation Way Section 2 The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3 All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance 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 4 This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5 If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6 It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7 This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Approved on first reading this the 7th day of June 7, 2016. PASSED, APPROVED, AND ADOPTED on final reading the 28th day of June, 2016. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: June 28, 2016 Department: Engineering / Public Works Subject: Ordinance No. 16 -D -16 - An Ordinance by the City Council of the City of Schertz, Texas providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising Chapter 86, Article V, Section 86- 149 Parking Prohibited. (Final Reading) BACKGROUND Kramer Farm Subdivision includes a mail kiosk on Tractor Pass between Planters Pass and Wagon Wheel (Exhibit A). Tractor Pass is a local residential street with one travel lane in each direction. Currently there are no off street or designated parking areas for citizens to park their vehicles while they collect their mail. Representatives of the subdivision Home Owners Association (HOA) reported that cars of nearby residents regularly park in front of the kiosk impeding residents' access to the mail kiosk. The HOA requested that the Transportation Safety Advisory Commission (TSAC) consider recommending a restriction of parking in front of the mail kiosk to a five- minute limit. At the regular meeting of the TSAC on April 7, 2016, the Commission discussed this item and recommended to restrict parking in front of the mail kiosk on Tractor Pass. Engineering and Public Works recommend special parking restrictions in front of the kiosk on Tractor Pass, limiting parking to 5 minutes, for the purpose of mail pickup and drop -off. City Council approved this on first reading at their meeting of June 7, 2016. Goal To ensure that residents can access the mail kiosk without obstruction. Community Benefit To provide for access to the mail kiosk for residents. Summary of Recommended Action Recommend approval on first reading to prohibit parking to 5 minutes in front of the mail kiosk on Tractor Pass in the Kramer Farm subdivision. (Exhibit A). FISCAL IMPACT The fiscal impact will be $150.00 for no parking signs paid out of FY 2015 -16 approved budget account number 101 - 359 - 551600 Street Maintenance. RECOMMENDATION Staff recommends Council approve on final reading Ordinance No. 16 -D -16 to amend Chapter 86, Article V, Section 86 -149 Parking Prohibited of the Code of Ordinances to include the segment of Tractor Pass as shown in Exhibit A. Exhibit A: Kramer Farm mail kiosk 5- Minute Parking Zone ( -110 ft.). ATTACHMENT Ordinance No. 16 -D -16 ORDINANCE NO. 16 -D -16 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 86, ARTICLE V, SECTION 86 -149 PARKING PROHIBITED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been established that parking in front of the mail kiosk on Tractor Pass in the Kramer Farm subdivision be limited to 5 minutes along a length of 110 feet adjacent to the common lot on which the kiosk is located. This short term parking is not covered under Chapter 86, Article V, Section 86 -149 Parking Prohibited of the City Code of Ordinances; and WHEREAS, it is recommended to add this area as shown in Exhibit A to the City Code of Ordinances under Article V, Section 86 -149, Parking Prohibited. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. Chapter 86, Article V, Section 86 -149 of the Code of Ordinances, Parking Prohibited by the City of Schertz, Texas is amended to add the following: (a) When signs are erected and/or, when recommended by the City Engineer or the Chief of Police, curb(s) are marked by painting them red with "No Parking" painted in white letters thereon, giving notice thereof, no person shall park a vehicle at any time (or at times as limited) upon any of the following streets or portions thereof. Street Extent Tractor Pass 5 minute only parking along 110 feet adjacent to the common lot on which the mail kiosk is located Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance 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 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 8. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 7th day of June, 2016. PASSED, APPROVED AND ADOPTED on final reading the 28th day of June, 2016. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A -5 Minute Parking along 35 feet in front of mail kiosk on Tractor Pass Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: June 28, 2016 Department: Subject: BACKGROUND Administration Cancellation of the July 5, 2016 City Council meeting City Staff has found there are no items to be presented to Council for action and that the July 5th date falls on the July 4th Holiday Week. It is anticipated a number of staffers, residents and others may be traveling outside the city and unavailable during this time. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the cancellation of the July 5, 2016 City Council meeting. Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: June 28, 2016 Department: Mayor /Council Subject: Excused Council Absences — Consideration and /or action excusing City Council Member absences BACKGROUND Per the revised Charter approved by voters on November 3, 2015, regarding Council absences, Section 4.06 (3) Vacancies, Forfeiture, Filling of Vacancies, "Failure to regularly attend City Council meetings without an approved absence obtained by a majority vote by City Council either before or after the absence. There shall be a presumption of failure to regularly attend when three (3) regular meetings are missed during a term year without obtaining an approved absence from City Council." An affirmative vote of a majority of Council approving the Council's absences is required for the following: 3 -1 -16 Reg Council Meeting 4 -12 -16 Reg Council Meeting 5 -3 -16 Reg Council Meeting 5 -10 -16 Reg Council Meeting 5 -24 -16 Reg Council Meeting FISCAL IMPACT None RECOMMENDATION Mayor Carpenter & Councilmember John Councilmember Fowler Councilmember John Mayor Carpenter Councilmember Thompson Staff recommends Council approve the absences as listed above. Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: June 28, 2016 Department: Finance Subject: RESOLUTION NO. 16-R-42- CONSIDERATION AND APPROVAL OF A RESOLUTION AUTHORIZING A NOTICE OF INTENTION TO ISSUE ONE OR MORE SERIES OF CERTIFICATES OF OBLIGATION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS This resolution would allow the City to issue a Notice of Intent to sell Certificates of Obligation in July to provide the remaining funding for the natatorium, to begin the first piece of road repairs identified in the Pavement Condition Analysis, and to provide repairs and renovations to municipal buildings. BACKGROUND First, these certificates would allow the City to fund the last $2 million of the pool. The debt service for this issuance will be partially offset by annual contributions from the YMCA throughout the life of the bond. Second, the certificates would pay for the first $1 million road rehabilitation project that will be identified by the Pavement Condition Analysis. Additional issuances will be planned as the study comes to completion and additional debt capacity is made available. The goal being to prevent an increase in the debt tax rate by issuing smaller amounts over a period of time rather than a large amount up front. Finally, there would also be funds made available to repair and renovate existing municipal buildings. The largest of these projects would be the $650,000 for the YMCA window replacement. This project was approved by Resolution 16 -R -27 and was intended to be funded entirely by a debt issuance. Due to timing issues, payments were planned to be paid from fund balance until the debt could be issued. All expenditures out of fund balance for the project will be returned upon the issuance of the debt. 50077367.2 The remaining $250,000 would be used to renovate municipal buildings that support city operations to accommodate growing staff and changing needs. Areas under consideration include Building #1 Lobby, Building #1 Court, Building #2 Human Resources, Building #2 Mayor's Office, Building #2 Drainage, Community Center Roof, Civic Center office spaces, Fire Station #2, and the Council Chambers. This amount would include design and construction. Not all areas may be considered with this round of funding as the final list is dependent on the price of the design and estimated construction cost of each area. FISCAL IMPACT The authorization of the Notice of Intention Resolution will not have a fiscal impact. The Resolution only alerts the Citizens that the proposed projects will be considered and a Certificate of Obligation will be approved on July 26, 2016. When the CO's are approved, along with the GO Bond, it is estimated that there will be little to no impact on the I &S Tax Rate. RECOMMENDATION Staff recommends approving the Notice of Intention Resolution, publishing the Notice of Intention, and to authorize the consultants to move forward with the issuance of Certificates of Obligation (along with the General Obligation Bonds) scheduled to sell on August 2"d Per our Bond Attorney the below is the specific motion that must be made: "A motion by Councilmember seconded by Councilmember that the City Council Adopt a Notice of Intention Resolution." ATTACHMENT(S) Notice of Intention Resolution. 50077367.2 RESOLUTION NO. 16 -R -42 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE ONE OR MORE SERIES OF CERTIFICATES OF OBLIGATION; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2 -12; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Schertz, Texas (the City) has determined that it is advisable and necessary to issue and sell one or more series of certificates of obligation (the Certificates) in an amount not to exceed $3,900,000 as provided pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through Section 271.064, for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) designing, constructing, renovating, improving, and equipping a community swimming pool and aquatic facility of competition quality, (2) designing, constructing, renovating, improving, and equipping various facilities located in the City's Municipal Complex, (3) designing, constructing, renovating, improving, and equipping Fire Station #2, (4) acquiring replacement windows for the City's Recreational Center, (5) constructing street and bridge improvements (including utilities repair, replacement, and relocation), curb, gutters, and sidewalk improvements, including drainage and landscaping incidental thereto, (6) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights -of -way for authorized needs and purposes relating to the aforementioned capital improvements, and (7) the payment of professional services related to the design, construction, project management, and financing of the aforementioned projects; and WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate officials of the City must review and approve the distribution of a "deemed final" preliminary official statement (the Official Statement) in order to comply with the requirements contained in 17 C.F.R. §240.15c2 -12 (the Securities and Exchange Commission Rule); and WHEREAS, based upon their review of the Official Statement, the appropriate officials of the City must find to the best of their knowledge and belief, after reasonable investigation, that the representations of facts pertaining to the City contained in the Official Statement are true and correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the City that would adversely affect the issuance of the Certificates or the City's ability to pay the debt service requirements on the Certificates when due; and WHEREAS, the City Council will comply with the requirements contained in the Securities and Exchange Commission Rule concerning the creation of a contractual obligation between the City and the proposed purchaser(s) of the Certificates (the Purchasers) to provide the Purchasers with an Official Statement in a time and manner that will enable the Purchasers to comply with the distribution requirements and continuing disclosure requirements contained in the Securities and Exchange Commission Rule; and 405591 18.7 WHEREAS, the City Council authorizes the Mayor, City Manager, Director of Finance, City Secretary, and the City Attorney, as appropriate, or their designees, to review, approve, and execute any document or certificate in order to allow the City to comply with the requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, prior to the issuance of the Certificates, the City Council is required to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the City, such notice stating (i) the time and place the City Council tentatively proposes to pass the ordinance authorizing the issuance of the Certificates, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the Certificates are to be issued, (iv) and the manner in which the City Council proposes to pay the Certificates; and WHEREAS, the City Council hereby finds and determines that such documents pertaining to the sale of the Certificates should be approved, and the City should proceed with the giving of notice of intention to issue the Certificates in the time, form, and manner provided by law; and WHEREAS, the City Council hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. The City Secretary is hereby authorized and directed to cause notice to be published of the City Council's intention to issue the Certificates in an amount not to exceed $3,900,000 for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) designing, constructing, renovating, improving, and equipping a community swimming pool and aquatic facility of competition quality, (2) designing, constructing, renovating, improving, and equipping various facilities located in the City's Municipal Complex, (3) designing, constructing, renovating, improving, and equipping Fire Station #2, (4) acquiring replacement windows for the City's Recreational Center, (5) constructing street and bridge improvements (including utilities repair, replacement, and relocation), curb, gutters, and sidewalk improvements, including drainage and landscaping incidental thereto, (6) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights -of -way for authorized needs and purposes relating to the aforementioned capital improvements, and (7) the payment of professional services related to the design, construction, project management, and financing of the aforementioned capital improvements. The Certificates will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and additionally from a pledge of and lien on certain revenues derived from the operation of the City's utility system. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A attached hereto, which notice is incorporated herein by reference as a part of this Resolution for all purposes. SECTION 2. The City Secretary shall cause the notice described in Section 1 to be published in a newspaper of general circulation in the City, once a week for two consecutive 40559118.7 -2- weeks, the date of the first publication shall be at least thirty (30) days prior to the date stated therein for passage of the ordinance authorizing the issuance of the Certificates. SECTION 3. The Mayor, City Manager, Director of Finance, City Secretary, and the City Attorney, as appropriate, or their designees, are authorized to review and approve the Official Statement pertaining to the offering, sale, and issuance of the Certificates and to execute any document or certificate in order to comply with the requirements contained in the Securities and Exchange Commission Rule. SECTION 4. 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 5. All ordinances and 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 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7. 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 8. 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, as amended, Texas Government Code. SECTION 9. This Resolution shall be in force and effect from and after the date of its adoption, and it is so resolved. [The remainder of this page intentionally left blank.] 40559118.7 -3- PASSED AND APPROVED, this the 28th day of June, 2016. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 40559118.7 -4- Exhibit A NOTICE OF INTENTION TO ISSUE CITY OF SCHERTZ, TEXAS CERTIFICATES OF OBLIGATION SERIES 2016A AND 2016B NOTICE IS HEREBY GIVEN that the City Council of the City of Schertz, Texas will convene at its regular meeting place in the City Hall in Schertz, Texas, at 6:00 o'clock P.M., Schertz, Texas time on August 2, 2016, and, during such meeting, the City Council will consider the passage of an ordinance or ordinances and take such other actions as may be deemed necessary to authorize the issuance of one or more series of certificates of obligation (the interest on which may or may not be taxable under applicable federal law) in an aggregate principal amount not to exceed $3,900,000 for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) designing, constructing, renovating, improving, and equipping a community swimming pool and aquatic facility of competition quality, (2) designing, constructing, renovating, improving, and equipping various facilities located in the City's Municipal Complex, (3) designing, constructing, renovating, improving, and equipping Fire Station #2, (4) acquiring replacement windows for the City's Recreational Center, (5) constructing street and bridge improvements (including utilities repair, replacement, and relocation), curb, gutters, and sidewalk improvements, including drainage and landscaping incidental thereto, (6) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights -of -way for authorized needs and purposes relating to the aforementioned capital improvements, and (7) the payment of professional services related to the design, construction, project management, and financing of the aforementioned projects. The certificates of obligation (the Certificates) will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and from a lien on and pledge of certain revenues derived by the City from the operation of the City's utility system. The Certificates are to be issued, and this notice is given, under and pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through Section 271.064, Chapter 1502, as amended, Texas Government Code, and the City's Home Rule Charter. /s/ Brenda Dennis City Secretary, City of Schertz, Texas 40559118.7 A- I CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS § COUNTIES OF BEXAR, COMAL, AND § GUADALUPE § CITY OF SCHERTZ § THE UNDERSIGNED HEREBY CERTIFIES that: 1. On the 28th day of June, 2016, the City Council (the Council) of the City of Schertz, Texas (the City) convened in regular session at its regular meeting place in the City Hall (the Meeting), the duly constituted members of the Council being as follows: Michael Carpenter Cedric Edwards, Sr. Grumpy Azzoz Jim Fowler Daryl John Robin Thompson Mayor Mayor Pro Tern Councilmember Councilmember Councilmember Councilmember and all of such persons were present at the Meeting, except the following: , thus constituting a quorum. Among other business considered at the Meeting, the attached resolution (the Resolution) entitled: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE ONE OR MORE SERIES OF CERTIFICATES OF OBLIGATION; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2 -12; AND PROVIDING AN EFFECTIVE DATE was introduced and submitted to the Council for passage and adoption. After presentation and discussion of the Resolution, a motion was made by Councilmember that the Resolution be finally passed and adopted in accordance with the City's Home Rule Charter. The motion was seconded by Councilmember and carried by the following vote: voted "For" voted "Against" abstained all as shown in the official Minutes of the Council for the Meeting. 2. The attached Resolution is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the Council of the City on the date of the Meeting are those persons shown above, and, according to the records of my 27307068.2 office, each member of the Council was given actual notice of the time, place, and purpose of the Meeting and had actual notice that the Resolution would be considered; and the Meeting and deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the Resolution, was posted and given in advance thereof in compliance with the provisions of Chapter 551, as amended, Texas Government Code. IN WITNESS WHEREOF, I have signed my name officially and affixed the seal of the City, this 28th day of June, 2016. City Secretary, City of Schertz, Texas (CITY SEAL) -2- 27307068.2 AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS § COUNTIES OF BEXAR, COMAL AND § GUADALUPE § CITY OF SCHERTZ § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , who, after being by me duly sworn, upon oath says that he /she is a representative of , a newspaper of general circulation in the City of Schertz, Texas which newspaper satisfies each of the requirements of Subchapter C, Chapter 2051, as amended, Texas Government Code, so as to constitute an official publication in which legal notices may be published as set forth in Subchapter C, Chapter 2051, as amended, Texas Government Code, and that there was published in said newspaper a true and correct copy of the attached NOTICE OF INTENTION to issue certificates of obligation on the following dates: Signature SUBSCRIBED AND SWORN TO before me, the undersigned authority, on the day of , 2016, to verify which witness my hand and seal of office. Notary Public in and for the State of Texas (NOTARY SEAL) 27306912.1 Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: June 28, 2016 Department: Finance Subject: RESOLUTION NO. 16-R-47 - A RESOLUTION BY THE CITY OF SCHERTZ, TEXAS REPEALING THE SECTION OF RESOLUTION 16 -R -40 PERTAINING TO THE CANCELLATION OF THE AUGUST 2, 2016 COUNCIL MEETING The City Staff recommends adding a council meeting on August 2, 2016 due to the postponement of the Notice of Intent for the certificates of obligation bond sale. BACKGROUND On June 7, 2016 Resolution 16 -R -40 was passed at the recommendation of Staff that cancelled the August 2, 2016 council meeting in an effort to limit the regular council meetings in August to 3. The council meeting on June 14, 2016 was cancelled which held an item to approve the Notice of Intent for the proposed certificate of obligation bond sale. This notice needs to be published at least 30 days before council approves the actual sale of the bonds. August 2, 2016 is the next Tuesday after the 30 -day requirement has been met. Approving the sale on this date will allow staff to include these new debt payments in the tax rate calculation. FISCAL IMPACT There is no fiscal impact of this recommendation. RECOMMENDATION To keep reinstate the council meeting on August 2, 2016. ATTACHMENTS Resolution No. 16 -R -47 50077367.2 RESOLUTION NO. 16 -R -47 A RESOLUTION BY THE CITY OF SCHERTZ, TEXAS REPEALING THE SECTION OF RESOLUTION 16 -R -40 PERTAINING TO THE CANCELLATION OF THE AUGUST 2, 2016 COUNCIL MEETING WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City Council reinstate the August 2, 2016 council meeting which was cancelled by Resolution 16 -R -40; and WHEREAS, the City Council has determined that it is in the best interest of the City to hold the August 2, 2016 meeting. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the reinstatement of the council meeting originally to be held on August 2, 2016 that was previous cancelled by Resolution 16 -R- 40. 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 28 day of June, 2016. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: June 28, 2016 Department: City Manager/Public Works Subject: Resolution 16 -R -43- A Resolution by the City Council of the City of Schertz, Texas authorizing the Schertz Seguin Local Government Corporation (SSLGC) Budget Amendment for Fiscal Year 2015- 16 in the amount of $400,000 in a transfer to the SSLGC Repair/ Replacement Fund, and other matters in connection therewith BACKGROUND Schertz /Seguin Local Government Corporation has a Retained Earnings Policy. This policy set a threshold for the minimum retained earnings to be held in the operating fund. This minimum policy was to set at three months operating expenditures. Based upon this policy, there is $400,000 above this threshold available for use, verified by the Annual Audit for FY2014 -2015. Staff is recommending a transfer to the SSLGC Repair /Replacement Fund in the amount of $400,000 for future projects. The SSLGC Board approve this action at their regularly scheduled board meeting on April 21, 2016. Goal Approve the SSLGC Budget Amendment transferring $400,000 from the operating fund to the SSLGC Repair/Replacement Fund. Community Benefit The City of Schertz is a member of the SSLGC. It is through the SSLGC that the City provides water to its citizens. Approval of the budget amendment will ensure that the citizens of Schertz will continue to receive this vital service. Summary of Recommended Action Staff recommends approval of the Resolution approving the Budget Amendment to the FY2015 -2016 Annual Budget. FISCAL IMPACT No fiscal impact. This budget is based on SSLGC revenue. RECOMMENDATION Staff recommends approval. ATTACHMENT Resolution 16 -R -43 Resolution # SSLGC R16 -04 RESOLUTION NO. 16 -R -43 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION (SSLGC) BUDGET AMENDMENT FOR FISCAL YEAR 2015 -2016 IN THE AMOUNT OF $400,000 AS A TRANSFER TO THE SSLGC REPAIR AND REPLACEMENT FUND, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City approve the Schertz /Seguin Local Government Corporation Fiscal Year 2015 -2016 budget amendment; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the budget amendment to ensure that the citizens and businesses of Schertz continue to receive excellent and vital water service. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the approval of the Schertz /Seguin Local Government Corporation Fiscal Year 2015 -2016 budget amendment. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 28th day of June 2016. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Resolution # SSLGC R16 -04 A RESOLUTION AMENDING THE FISCAL YEAR 2016 SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION BUDGET. NOW, THEREFORE, BE IT RESOLVED THAT THE FISCAL YEAR 2016 SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION BUDGET IS AMENDED AS FOLLOWS: Schertz- Seguin Local Government Corporation Operating Fund Amount Increase: Increase: $ 400,000 SSLGC- Operating SSLGC- Operating Intragovernmental Transfers Non - Departmental Transfers to Repair & Replacement Fund Use of Retained Earnings 058- 9000 - 826100 058- 9800 - 960000 Reason requested: The Corporation has a Retained Earnings policy. This policy set a threshold for the minimum retained earnings to be held in the operating fund. This minimum policy was set at three months operating expenditures. Based upon this policy and the results of the audit, there is $400,000 above this threshold available for use. Repair and Replacement Fund Amount Increase: $ 400,000 Repair and Replacement Fund Intragovernmental Transfers Transfers from Operating Fund 061 - 391058 Reason requested: Increase: Repair and Replacement Fund Retained Earnings 061 - 297020 The Corporation has a Retained Earnings policy. This policy set a threshold for the minimum retained earnings to be held in the operating fund. This minimum policy was set at three months operating expenditures. Based upon this policy and the results of the audit, there is $400,000 above this threshold available for use. The Board of Directors of the Schertz- Seguin Local Government Corporation finds that these budget adjustments are required because changes and unforeseen conditions that could not have been anticipated in the original budget. This resolution shall become effective and applicable on the date of its approval and passage. Resolution # SSLGC R16 -04 PASSED AND ADOPTED BY THE BOARD OF DIRECTORS OF THE SCHERTZ - SEGUIN LOCAL GOVERNMENT CORPORATION, on this the 21 Sc day of April, 2016. ATTEST: OR T. "Jake" aco� Ken Greenwald, President Schertz /Seguin Local Government Corporation Bob Pees, Assistant Secretary Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: June 28, 2016 Department: Planning & Community Development Subject: Resolution No. 16 -R -45 - A Resolution by the City of Schertz authorizing expenditures with BB Inspections, totaling no more than $95,000 for building inspection services during the remainder of the 2015 -16 Fiscal Year and other matters in connection therewith. BACKGROUND In an effort to meet citizen needs and department workloads, the City contracted with BB Inspections in July 2015 for building inspection services. Over the last 11 months the inspection and plan review services provided by BB Inspections has allowed the City the ability to provide a timely inspection and plan review service to citizens and builders. Inspection times have reduced from a 24 hour notice needed to same day inspections. Additionally, residential plan review times have reduced from 30 business days to approximately 5 to 10 business days. To date, the City has spent approximately $50,000 with BB Inspections for this service. The City's practice is to seek authorization from Council when expenditures with a vendor exceed $50,000 in one fiscal year. For the remainder of the Fiscal Year, the Inspections Departments anticipates $45,000 in Inspection and plan review service with BB Inspections. GOAL To obtain authorization from City Council to contract with BB Inspections, to provide building inspections services in an amount not to exceed $95,000. COMMUNITY BENEFIT Provide superior customer service by reducing inspection and review times for citizens and builders. SUMMARY OF RECOMMENDED ACTION Staff recommends that Council authorize Staff to continue to utilize BB Inspections for hourly consulting building inspection services as needed for the remainder of Fiscal Year 2015 -16 in an amount not to exceed $95,000. FISCAL IMPACT Funds (the not to exceed amount of $95,000) for building inspection are budgeted and available. ATTACHMENTS Resolution 16 -R -45 RESOLUTION NO. 16 -R -45 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH BB INSPECTIONS TOTALING NO MORE THAN $95,000.00 FOR BUILDING INSPECTION SERVICES DURING THE REMAINDER OF THE 2015 -2016 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") requires consultant building inspection services; and WHEREAS, City staff has determined that BB Inspections is qualified to provide such services for the City; and WHEREAS, the City has already contracted with BB Inspections for inspections in process or recently completed totaling approximately $50,000; and WHEREAS, the City Council authorizes City Staff to request additional services by BB Inspections to be invoiced in an amount not to exceed $95,000.00 for the remainder of Fiscal Year 2015 -2016. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes expenditures with BB Inspections not to exceed $95,000.00 for the remainder of Fiscal Year 2015 -2016. 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 28`x' day of June, 2016 ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- Agenda No. 11 CITY COUNCIL MEMORANDUM City Council Meeting: Department: Fire Subject: Resolution No. 16 -R -46— A Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to sign an Interlocal Agreement for Fire Protection Services with Bexar County. BACKGROUND The Schertz Fire Department is charged with the responsibility of regional fire suppression, protection and prevention. The Fire Department responds to fire and emergency calls in portions of unincorporated Bexar County. This area is generally within our ETJ east of 1518 to the county line, and north of Interstate 10 to the Schertz City limits. This is an annual agreement between Bexar County and the City of Schertz and has no significant changes from previous years. Community Benefit Providing Fire Protection Services to these areas outside the City typically does not adversely impact our responses within the City. We would respond in that area for structure fires with or without the agreement due to our area -wide mutual aid agreement. By maintaining this agreement with Bexar County we are able to receive some financial assistance along with providing services in an area that would otherwise be without fire service. FISCAL IMPACT The City received revenue from Bexar County in the amount of $1,756.48 per month per this agreement. RECOMMENDATION The City recommends Council approval of Resolution 16 -R -46 to authorize the City Manager to sign the Interlocal Agreement for Fire Protection Services with Bexar County. ATTACHMENTS Resolution 16 -R -46 RESOLUTION NO. 16 -R -46 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES WITH THE COUNTY OF BEXAR, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz Fire Rescue Department provides fire service to the citizens of Schertz and is a participant in multiple mutual aid agreements among other jurisdictions to provide and receive fire service; and WHEREAS, the County of Bexar has need of fire services in unincorporated Bexar County and historically contracts with the nearest fire departments to provide that service; and WHEREAS, it is of benefit to both parties and to the residents in those areas, to enter into this Agreement to efficiently provide that service to the are designated in Exhibit A ; now therefore, 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 the Interlocal Agreement to provide fire service to areas within Bexar County as set forth in Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 28th day of June, 2016. CITY OF SCHERTZ, TEXAS John Kessel, City Manager ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A Attached STATE OF TEXAS § INTERLOCAL AGREEMENT FOR COUNTY OF BEXAR § FIRE PROTECTION SERVICES This Agreement ( "Agreement ") is made and entered into by and between the COUNTY OF BEXAR, a political subdivision of the State of Texas ( "COUNTY "), and the CITY OF SCHERTZ, a municipal corporation situated in Bexar County, Texas ( "CITY "). Authority for this Agreement is granted pursuant to the Interlocal Cooperation Act, Texas Government Code Section §791.001 et seq. and the Texas Local Government Code Section 352.001 et seq. WITNESSETH WHEREAS, the Commissioners Court of COUNTY is authorized to provide fire protection and firefighting services to citizens of COUNTY residing outside the city limits of any incorporated city within COUNTY; and WHEREAS, the Commissioners Court desires to provide such fire protection and firefighting services to citizens of COUNTY residing outside the city limits of CITY, in an area more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes (the "designated area "); and WHEREAS, CITY represents that it can adequately provide fire protection and firefighting services on behalf of COUNTY, utilizing CITY's fire department ( "CITY "), according to the terms and conditions hereinafter stated. NOW, THEREFORE, in consideration of the mutual covenants and agreements stated herein, the parties agree as follows: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to secure the services of CITY to provide fire protection and emergency services to the designated area. ARTICLE II DEFINITIONS 2.01 For purposes of this Agreement, the following terms shall have the meanings set forth below: (a) FIRE DEPARTMENT - a firefighting unit consisting of not less than six active firefighters with a minimum of two training sessions each month, each a minimum of two hours long and with a majority of all active firefighters participating at each meeting. (b) FIREFIGHTING EQUIPMENT - vehicles and protective clothing for use in fire suppression. This includes fire suppression vehicles and all related materials normally carried on these vehicles such as hoses, wrenches, generators, exhaust fans, nozzles, ladders, rescue saws, pneumatic and hydraulic tools, and self - contained breathing apparatus. Protective clothing includes boots, helmets, gloves, turn -outs (jacket and pants), hazardous materials suits and similar gear. (c) TRAINING PROGRAM - a program consisting of a minimum of four hours each month, utilizing criteria set forth by in the State Firemen's and Fire Marshal's Association for volunteer firefighters or the Texas Commission on Fire Protection Standards and Education for paid firefighters. Documentation of this training is to be retained by CITY subject to inspection by COUNTY, through its Fire Marshal at any time during normal business hours. (d) ACTIVE FIREFIGHTER - a firefighter who attends a minimum of two training sessions each month, each a minimum of two hours long. (e) PAID FIREFIGHTER - a person, at least eighteen years of age, who meets the criteria set forth by the Texas Commission on Fire Protection Standards and Education. 2 (f) VOLUNTEER FIREFIGHTER - a person, at least eighteen years of age, who meets the equivalency of Basic Certification as a Volunteer Firefighter within three years after joining DEPARTMENT. (g) FIRE ALARM - the fire dispatch service utilized by COUNTY. (h) INCIDENT COMMANDER (IC) - The individual responsible for all major event activities, including the development of strategies and tactics and the ordering and the release of resources. The IC has overall authority and responsibility for conducting major event operations and is responsible for the management of all operations at the event site. (i) MAJOR EVENT- An occurrence or incident, natural or human - caused, which might impact a significant area or population, which requires an emergency response to protect life or property. Major events can, for example, include disasters, emergencies, terrorist attacks, terrorist threats, wildland and urban fires, floods, hazardous materials spills, nuclear accidents, aircraft accidents, earthquakes, hurricanes, tornadoes, tropical storms, war - related disasters, public health, use of chemical weapons or other weapons of mass destruction, and medical emergencies, and other occurrences requiring an emergency response. ARTICLE III TERM 3.01 The term of this Agreement is for one year beginning January 1, 2016, and ending December 31, 2016. 3.02 This Agreement may be terminated by either party with or without cause, upon sixty days written notice delivered by certified mail or in person to the other party. 3 ARTICLE IV OBLIGATIONS OF CITY 4.01 CITY agrees to perform the following services in accordance with specifications and standards established by the State Board of Insurance and the office of the State Fire Marshal of Texas, for the benefit of those persons residing in the designated area: (a) Assist the Bexar County Fire Marshal in fire prevention programs; (b) Establish a continuing training program for CITY personnel; (c) Monitor the Fire Alarm or alert system and radio system on a 24 -hour basis; (d) Respond to emergencies and fight fires within the designated area or in support of mutual aid agreements made in accordance with this Agreement; (e) Purchase and install one mobile radio on COUNTY Fire Alarm frequency (154.250) in each firefighting vehicle and provide other receiving equipment as CITY deems necessary; (f) Follow all current radio procedures specified by COUNTY; and (g) Notify Fire Alarm via radio when responding to calls in the designated area even if not dispatched by COUNTY. 4.02 It is expressly agreed between the parties that, in the event of conflicting fire alarms arising within the corporate limits of CITY and the unincorporated designated area, the alarm within the corporate limits shall have priority. Nevertheless, CITY shall use its best efforts to respond or to request assistance in responding to the alarm in the designated area. 4.03 CITY shall maintain, during the term of this Agreement, at least one -half of its active firefighters at a level of competency that meets the equivalency of the certification requirements of a basic firefighter as set forth by the State Firemen's and Fire Marshal's Association. All firefighters must meet the equivalency of the certification requirements herein stated within three years of joining CITY as a firefighter. Failure to meet these 2 standards is a material breach of this Agreement and shall entitle COUNTY to terminate this Agreement immediately upon written notice to CITY. 4.04 CITY shall complete criminal background checks of all current firefighters or EMS personnel with the assistance and cooperation of the Bexar County Fire Marshal's Office and establish procedures for excluding current or potential firefighters with unacceptable criminal convictions. The COUNTY requires that CITY not allow any personnel with a conviction for a felony or a misdemeanor involving moral turpitude on its department unless that person is otherwise certified by either the Texas Commission on Fire Protection or the Texas Department of State Health Services. 4.05 CITY shall create an inventory listing all of CITY's assets used in the provision of emergency services to include, at a minimum, the designation, quantity, model or serial number, condition and location of such assets within sixty (60) days from the date of this Agreement is executed and provide a copy to COUNTY. 4.06 CITY shall provide monthly status reports in addition to any other monthly reports required by this Agreement, to the Bexar County Fire Marshal to include any personnel incidents, staff certification progress, and the scope and purpose of any training conducted. 4.07 CITY shall establish training programs for all firefighters, probationary firefighters, reserve firefighters and fire officers pursuant to the curricula established by the State Firemen's and Fire Marshals' Association. 4.08 CITY is responsible for maintaining all required National Incident Management System (NIMS) training which utilizes standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualifications standards, uniform standards of planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters. ARTICLE V OBLIGATIONS OF COUNTY 5.01 COUNTY agrees to pay the sum of One Thousand Seven Hundred Fifty -Six and 48/100 Dollars ($1,756.48) per month to CITY to be used solely for the following purposes: (a) Purchase or leasing of firefighting equipment; 5 (b) Maintenance and operation of firefighting equipment; and (c) Rental, construction, or purchase of firefighting facilities or buildings. 5.02 COUNTY agrees to provide CITY with dispatch services for the designated area, at no cost to CITY, for the duration of this Agreement. It is understood that the termination of this Agreement terminates the fire dispatch service provided by COUNTY unless CITY enters into a dispatch service agreement with COUNTY. ARTICLE VI BEXAR COUNTY FIRE MARSHAL SERVICES 6.01 COUNTY, through its Fire Marshal, further agrees to furnish, during the term of this Agreement, the following services upon request: (a) Assist CITY in determining the cause of any structural or suspicious fires; and (b) Assist in resolving questions of territorial jurisdiction between fire departments. In such cases, the decision of the Bexar County Fire Marshal shall be final. 6.02 The County Fire Marshal, or the County Fire Marshal's designee, shall perform as the incident commander in a major event in the unincorporated areas. ARTICLE VII 1101" 19 ui�l► ln1 7.01 CITY shall provide all necessary equipment and transportation in providing services specified in this Agreement. 7.02 CITY agrees to remain responsible for registration, licensing, inspection, repairs, and maintenance of all equipment, and for any and all damages resulting from the use of any of its equipment, including motor vehicles. D 7.03 COUNTY shall not accrue any equity or ownership interest in any equipment provided by CITY. ARTICLE VIII LIABILITY OF THE PARTIES 8.01 It is agreed that COUNTY shall not be liable or responsible to CITY in damages or any money demands for any loss or failure of the central dispatch communications equipment or because of neglect or failure on the part of the central dispatch service provider. 8.02 CITY and COUNTY agree that there is no requirement upon COUNTY to provide fire protection. CITY, therefore, accepts no responsibility to the residents of the designated area. ARTICLE IX INSURANCE 9.01 CITY shall provide and maintain automobile liability insurance for all its CITY vehicles having at least the following policy limits: $250,000 Bodily Injury Per Person $500,000 Bodily Injury Per Occurrence $100,000 Property Damage Per Occurrence 9.02 CITY agrees that, with respect to the above required insurance, CITY shall: (a) Maintain liability insurance through an approved insurance company licensed to do business in Texas. (b) Name COUNTY as an additional insured such that any such policy shall apply fully to any "additional insured," as if COUNTY were a "named insured," or furnish COUNTY with documentation evidencing, to COUNTY's satisfaction, that such policy does not permit COUNTY to be named as an additional insured thereunder. V� (c) Provide to COUNTY certificates of insurance, binders, or other proof of insurance, acceptable to COUNTY in its sole discretion, evidencing all insurance coverage required by this Article. Maintenance of a current certificate of insurance on file with the Bexar County Auditor's Office shall be a condition precedent to payment by COUNTY under this Agreement. (d) Provide thirty days advance notice in writing to COUNTY of cancellation or material change of any and all insurance maintained pursuant to this Article. ARTICLE X FORCE MAJEURE 10.01 Neither COUNTY nor CITY shall be required to perform a term, condition, or covenant in this Agreement so long as such performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockout, material or labor restrictions by any governmental authority, civil riot, floods, and any other cause not reasonably within the control of COUNTY or CITY and which by the exercise of due diligence CITY or COUNTY is unable, wholly or in part, to prevent or overcome. ARTICLE XI REPORTS 11.01 CITY shall maintain accurate run reports of each incident to which it responds. Reports shall be retained by CITY subject to inspection by COUNTY, through its Fire Marshal, at any time during normal business hours. ARTICLE XII INSPECTION OF BOOKS /FINANCIAL RECORDS 12.01 CITY agrees that the Bexar County Auditor shall have access for inspections and reviews any financial records, reports, or data related to the funds provided herein and the County Auditor may conduct such inspections and reviews at any reasonable time. D ARTICLE XIII EQUAL EMPLOYMENT OPPORTUNITY AND CIVIL RIGHTS 13.01 No person shall illegally be excluded from participation in, or be denied the benefits of, the program which is the subject of this Agreement on the basis of race, creed, color, sex, age, disability or national origin. ARTICLE XIV AMENDMENT 14.01 No amendment, modification, or alteration to this Agreement shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. ARTICLE XV NOTICER 15.01 All notices by the parties shall be deemed given when either delivered in person or deposited in the U.S. Mail, postage prepaid, certified mail, return receipt requested, addressed to the appropriate party at the following address: If to COUNTY: County Judge Paul Elizondo Tower 101 W. Nueva, Suite 1000 San Antonio, Texas 78205 With a copy to: County Fire Marshal 622 Dolorosa Street San Antonio, Texas 78207 -4535 And: County Auditor Paul Elizondo Tower 101 W. Nueva, #800 San Antonio, Texas 78205 If to CITY: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 -1634 ARTICLE XVI MUTUAL AID 16.01 CITY agrees to use its best efforts to enter into a mutual aid agreement with other fire departments that have contracted with Bexar County to provide fire protection services. ARTICLE XVII COMPLIANCE WITH LAWS AND REGULATIONS 17.01 In providing all services pursuant to this Agreement, CITY shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement, and shall entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to CITY. ARTICLE XVIII PARTIES BOUND 18.01 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns where permitted by this Agreement. ARTICLE XIX TEXAS LAW TO APPLY 19.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable solely in Bexar County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, 10 illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE XXI PRIOR AGREEMENTS SUPERSEDED 21.01 This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. IN WITNESS WHEREOF, this Agreement is executed in duplicate originals this day of , A.D., 2016. COUNTY OF BEXAR BY: NELSON W. WOLFF County Judge ATTEST: GERARD RICKHOFF County Clerk 11 CITY OF SCHERTZ MM JOHN C. KESSEL City Manager ATTEST: BY: BRENDA DENNIS City Secretary FIRE CHIEF APPROVED AS TO LEGAL FORM: M JILL TORBERT Assistant Criminal District Attorney - Civil Section APPROVED AS TO FINANCIAL CONTENT: SUSAN YEATTS County Auditor APPROVED: BY: CHRIS LOPEZ Fire Marshal DAVID SMITH County Manager JT /CONTRACTS/VFD /SCHERTZ 16 VFD.KT W Schertz FD Response Area EXHIBIT A Agenda No. 12 CITY COUNCIL MEMORANDUM City Council Meeting: June 28, 2015 Department: Subject: BACKGROUND Engineering Conduct a Public Hearing and Consideration and/or action approving Resolution No. 16- R-44 Authorizing the filing of a petition for injunctive relief to gain necessary access for determining the location of an easement and the future use of the power of eminent domain to acquire easements necessary for the Woman Hollering Creek Wastewater Line Project and other matters in connection therewith. The City of Schertz desires to construct a sanitary sewer system to collect and convey wastewater to the future Cibolo Creek Municipal Authority (CCMA) water reclamation plant to be constructed off of Trainer Hale Road in southern Schertz. On September 29, 2015, City Council authorized approval of a contract with Cobb, Fendley & Associates, Inc., (Cobb Fendley) to provide engineering design services related to the system. An early, critical phase of the design process is on- the - ground data collection including topographic survey, geotechnical sampling, and environmental investigation. The purpose of this phase is twofold. The results of the survey will provide information needed to more specifically define the location of the line and associated necessary permanent and temporary easements in order to minimize any potential adverse impacts. Additionally, the data collected will be used for construction design of the system. In order to gain access to private properties across which the line is expected to be constructed, property owners were contacted by mailed letter in December, 2015, and were asked to grant access via a signed right of entry form. Most affected property owners agreed to grant access but several property owners have either verbally denied or have been unresponsive to requests. (To be clear, the granting of the right of entry does not imply acceptance or agreement to grant an easement across property for construction of the system. It only provides the City access for the purpose of surveying and data collection.) An informational open house meeting was held on January 20, 2016, to which all directly impacted property owners were invited. Individual and smaller group meetings were held at various properties along the project route in February and March, 2016. Public Hearings regarding the project were held by City Council on April 12, May 10, and May 24, 2016. A notice regarding this resolution was sent on June 8, 2016, to property owners who have not yet provided express permission for the City and its contractors to access their property. Goal This Resolution will allow the City to exercise its implied statutory authority to conduct the survey and data gathering activities necessary to define the specific location and design of the Woman Hollering Creek Wastewater Line Project. Community Benefit The project will provide the backbone of a wastewater collection system (an essential service for the community) that will serve an area of 4,653 acres. Surveying and assessing natural features along the general proposed route of the line is critical to the proper planning, design, and construction of the project. Resolution 16 -R -44 directly supports the City's core values of Safe Community and Essential Services while the proper location and construction of the Woman Hollering Creek Wastewater Line project will ultimately contribute to the values of high quality of life, economic prosperity, and fiscal sustainability. FISCAL IMPACT The budget for the Woman Hollering Creek Wastewater Line project includes $210,000 for easement acquisition and contingency (separate from construction contingency). The project is being funded with a combination of Capital Recovery and Certificates of Obligation Funds /Water Revenue. RECOMMENDATION Staff recommends Council approval of Resolution 16 -R -44 ATTACHMENTS Resolution 16 -R -44 Exhibit A — Description of Activities Exhibit B —Project Location RESOLUTION NO. 16 -R -44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE FILING OF A PETITION FOR INJUNCTIVE RELIEF TO GAIN NECESSARY ACCESS FOR DETERMINING THE LOCATION OF EASEMENTS, AND THE FUTURE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE EASEMENTS NECESSARY FOR THE COMPLETION OF PIPELINES AND APPURTENANCES DESIGNED TO CARRY WASTEWATER. WHEREAS, eminent domain proceedings in the State of Texas are governed by Chapter 21 of the Texas Property Code; and WHEREAS, under that code a governmental entity exercising the power of eminent domain must first authorize the initiation of the condemnation proceeding at a public meeting by a record vote adopting a resolution, ordinance, or order; and WHEREAS, to address the ongoing wastewater needs of the City of Schertz, the City is constructing the Woman Hollering Creek Wastewater Line improvements to complete a connection to transfer wastewater to a treatment facility; and WHEREAS, the proposed pipeline improvements will be installed in either existing permanent pipeline easements held by the City or in new permanent easements which will be owned by the City; and WHEREAS, the proposed easements which will be held by the City will be located in a manner to minimize impacts on the properties; and WHEREAS, to facilitate the construction of the pipeline improvements and appurtenances, temporary construction easements will also be obtained adjacent to the permanent easements to provide the Contractor with adequate space for construction activities; and WHEREAS, because this project involves the health safety and welfare of the public, time is of the essence, and the City of Schertz finds it necessary to gain access to certain properties to complete surveying, geotechnical testing, soil sampling, appraisal activities and other necessary activities to determine the best route for the pipeline; and WHEREAS, while many property owners have granted the City access for these activities, some property owners have not granted access; and WHEREAS, it is anticipated that the City will need to obtain an injunction to gain access and then seek further authority from the City Council following a survey to begin the eminent domain process to condemn the temporary and permanent easements for the placement of the pipelines and appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Part 1: That the City of Schertz, Texas is hereby authorized to seek injunctive relief to gain access for the activities listed in Exhibit A, on properties for which express permission has not been granted, for the pipeline project depicted and described in Exhibit B. Part 2. That the City of Schertz finds that to protect the health, safety and welfare of the citizens of the City of Schertz it may use of the power of eminent domain to acquire permanent and temporary easements for the pipeline project depicted and described in Exhibit B for the public purpose of construction of pipelines and appurtenances necessary to transfer wastewater to a treatment facility. Part 3. That the City of Schertz may authorize the use of eminent domain by separate action once the activities listed in Exhibit A are complete and specific easement path has been determined. ADOPTED this 28`h day of June, 2016. APPROVED: Mayor of Schertz ATTEST: City Secretary APPROVED AS TO FORM: City Attorney RESOLUTION 16 -R -44 EXHIBIT A DESCRIPTION OF ACTIVITIES THAT MAY BE PERFORMED DURING INVESTIGATION TO DETERMINE LOCATION OF WASTEWATER EASEMENTS Work may include: • Topographical land surveying • Identification of surface features • Geotechnical studies and testing including soil borings with truck - mounted drilling equipment • Environmental and cultural resource studies and testing including shovel and backhoe testing • Soil and water sampling • Tree limbs and small trees ( <4" diameter) may be cut to establish line of sight necessary for survey • Temporary fence removal (fences will be replaced to existing condition or better) C S H1lryp T C RAFT,= rV, a RESOLUTION 16 —R -44 EXHIBIT B CHIICIRTZ lT T N COMMUfiITV• SERVICE • OPPORTUNITY T �1�! 177 n re T T `' s Y T T T n .. m.. ., T TF n m mQ rpI ry Agenda No. 13 CITY COUNCIL MEMORANDUM City Council Meeting: June 28, 2016 Department: Public Works Subject: Resolution No. 16 -R -48 Consideration and/or action approving a Resolution authorizing an amendment to the existing Agreement with the San Antonio River Authority related to the rates for sewerage transportation, treatment and disposal. BACKGROUND: On March 24, 2015, the City of Schertz authorized the City Manager to enter into an interlocal agreement with the San Antonio River Authority (SARA) to provide sewer transportation, treatment, and disposal for Schertz customers within their service area. Each year SARA will update their fees and notify the City of the change. In May, there were a total of 6 residential properties in the SARA service area. This service area is adjacent to IH -10 in far southwestern Schertz. Currently it is recommended the City set their fees to equal to the rates charged by SARA for the customers in their service area. The City is waiting on the Public Utility Commission to complete the agreed upon dual Certificate of Convenience and Necessity for the City. According to our agreement with SARA, once the dual CCN is complete the City will be responsible for the collection of the waste water which will be sent to SARA for treatment and disposal. At that time, the City will be authorized to collect additional fees to offset the City's cost for collection and billing for this service. The San Antonio River Authority, per our agreement, has updated their Wholesale Customer Charge Schedule (Exhibit A) and staff recommends authorizing the City Manager to agree to and sign this amendment to our 2015 agreement beginning July 1, 2016. GOAL: Continue servicing our residents within the San Antonio River Authority (SARA) area by providing wastewater treatment services. COMMUNITY BENEFIT: 50492900.1 City Council Memorandum Page 2 To continue to rpovide our Bexar County residents residing in the SARA waste water service area with wastewater services. FISCAL IMPACT The cost of the current service is $9.30/ base rate and $4.98 per 1000 gallons, with the proposed amendment the new cost will be $ 12.97 /base rate and $4.98 per 1000 gallons treated. STAFF RECOMMENDATION Approval of Resolution No. 16 -R -48 ATTACHMENT Resolution No. 16 -R -48 SARA Agreement Amendment No. 1 RESOLUTION NO. 16 -R -48 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE EXISTING AGREEMENT WITH THE SAN ANTONIO RIVER AUTHORITY FOR SEWAGE TRANSPORTATION, TREATMENT AND DISPOSAL, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an amended agreement with the San Antonio River Authority WHEREAS, this amendment will allow us to collect the appropriate fees to meet the San Antonio River Authority rate schedule; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve Amendment I with the San Antonio River Authority attached hereto as Exhibit A; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: The City Council hereby authorizes the City Manager to execute the amendment with the San Antonio River Authority in substantially the form set forth on Exhibit A. Section 1. 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 2. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 3. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 4. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 5. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 6. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 50494755.1 PASSED AND ADOPTED, this 28th day of June, 2016 CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50494755.1 EXHIBIT A SERVICE ORDER AGREEMENT 50494755.1 A -1 ORDINANCE NO. 0 -1424 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE SAN ANTONIO RIVER AUTHORITY AUTHORIZING AND DIRECTING THE GENERAL MANAGER TO EXECUTE AND THE ASSISTANT SECRETARY TO ATTEST, RESPECTIVELY, AMENDMENT NO. 1 TO SEWAGE TRANSPORTATION TREATMENT AND DISPOSAL CONTRACT WITH THE CITY OF SCHERTZ Preamble WHEREAS, the SAN ANTONIO RIVER AUTHORITY has entered into a SEWAGE TRANSPORTATION, TREATMENT AND DISPOSAL CONTRACT, dated as of March 24, 2015, with the City of SCHERTZ for the purpose of providing wastewater treatment services (the "Contract "); and WHEREAS, the SAN ANTONIO RIVER AUTHORITY has developed and SCHERTZ has agreed to adjusted wholesale customer charges under the Contract beginning July 1, 2016; and WHEREAS, a copy of AMENDMENT NO. 1 TO SEWAGE TRANSPORTATION. TREATMENT AND DISPOSAL CONTRACT is attached hereto as Attachment "A ". NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE SAN ANTONIO RIVER AUTHORITY: That the General Manager and the Assistant Secretary be and the same hereby are authorized and directed to execute and attest, respectively, AMENDMENT NO. 1 TO SEWAGE TRANSPORTATION, TREATMENT AND DISPOSAL CONTRACT, substantially in the form as attached hereto as Attachment "A ". PASSED AND APPROVED this 15th day of June, 2016, x bur: SALIN BUC1 .!OMAN, Chairman ATTEST: 4daL HECTOR . MORALES, Secretary ACKNOWLEDGEMENT OF CHAIRMAN STATE OF TEXAS COUNTY OF BEXAR BEFORE ME, the undersigned authority on this day personally appeared SALLY BUCHANAN, Chairman of the Board of Directors of the SAN ANTONIO RIVER AUTHORITY, a political subdivision of the State of Texas known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said political subdivision. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 15th day of June, 2016, y LINDA KAY WHITAKER 4'3 MY COMMISSION EXPIRES September 12, 2016 yal- Lj-� LINDA KAY W I l - AKER.. Notary Public In and for the State of Texas My commission expires: 9/12/2016 CERTIFICATE OF SECRETARY SAN ANTONIO RIVER AUTHORITY SAN ANTONIO, BEXAR COUNTY, TEXAS I hereby certify the above and foregoing to be a duplicate original of Ordinance No. 0 -1424 of the Board of Directors of the SAN ANTONIO RIVER AUTHORITY as passed and approved by the members of said Board at a regular meeting of the Board of Directors of said AUTHORITY held on June 15, 2016, in San Antonio, Bexar County, Texas, at which a quorum was present, as shown by the Minutes of said meeting. IN TESTIMONY WHEREOF, witness my hand and the official seal of the SAN ANTONIO RIVER AUTHORITY on this the 15th day of June, A.D., 2016, in San Antonio, Bexar County, Texas. G �� HECTOf R. MORALES, Secretary Attachment A THE STATE OF TEXAS COUNTY OF BEXAR AMENDMENT NO. 1 TO SEWAGE TRANSPORTATION, TREATMENT AND DISPOSAL CONTRACT This Amendment No. 1 is made and entered into as of the 15" day of June, 2016, by and between the SAN ANTONIO RIVER AUTHORITY (hereinafter called "AUTHORITY "), and its wholesale customer, the CITY OF SCHERTZ, TEXAS (hereinafter called "SCHERTZ "). WITNESSETH WHEREAS, the AUTHORITY has heretofore entered into a contract with SCHERTZ, effective March 24, 2015, providing that the AUTHORITY shall transport, treat and dispose of the wastewater of the above -named wholesale customer; and WHEREAS, said contract provides that the Wholesale Customer Charge Schedule and the wholesale connection fee (impact fee) schedule set out in Exhibit C thereof shall be reviewed annually and adjusted by mutual agreement of the parties in accordance with the terms and provisions of the contract; and WHEREAS, THE AUTHORITY has developed and SCHERTZ has agreed to adjusted wholesale customer charges for the Fiscal Year beginning July 1, 2016. NOW, THEREFORE, the parties hereto, in consideration of the mutual benefits, agreements and undertakings hereinafter set forth, with respect to the present long -term contracts between the parties hereby contract and agree that: 1. EXHIBIT C, Wholesale Customer Charge Schedule, which is attached hereto as Exhibit "A ", be and the same hereby is substituted as of July 1, 2016, for Exhibit C contained in the present contracts between the parties. 2. EXHIBIT C, Schedule of Connections Fees (Impact Fees), as attached hereto as Exhibit "B" is hereby ratified, confirmed and carried forward. IN WITNESS WHEREOF, the parties hereto, acting under the authority of their respective governing bodies, have caused this Amendment No. 1 to be duly executed in several counterparts, each of which shall constitute an original, as of this 15th day of June, 2016. SAN ANTONIO RIVER AUTHORITY Name: SUZANNE B. SCOTT ATTEST: Title: General Manager Name: STEPHEN T. GRAHAM Title: Assistant Secretary ATTEST: Name: Title: CITY OF SCHERTZ, TEXAS Name: Title: EXHIBIT A Wholesale Customer Charize Schedule 1. Single _Family Residential - for each single family residential unit connected to the Customer's local wastewater facilities, the Customer shall pay the following: $12.97 fixed charge plus $4.98 per 1,000 gallons of winter average water consumption per month. The charge based on winter average water consumption is waived when the unit is vacant. The winter average water consumption is defined as the computed average of the monthly metered water consumption for three consecutive billing periods that fall wholly within the prior winter's season between November 15 and the following March 15. Where the account has not established a winter average, the Customer's representative winter average shall be used. The fixed charge includes a payment for any debt of the system plus a computed capital replacement charge used for future system capital improvement projects. 2. All Other Users - for all other users, not single family residential units, connected to the Customer's local wastewater facilities, the Customer shall pay the following: $7.79 per 1,000 gallons of metered water consumption each month. 3. Regulatory Assessment Fee — The Texas Regulatory Assessment Fee of one -half of one percent as established by Ordinance No. 0 -955, passed and approved September 18, 1991, is hereby ratified, confirmed and carried forward. 4. The effective date of this schedule shall be July 1, 2016. EXHIBIT B Schedule of Connection Fees (Impact Fees) 1. Wholesale System Connection Fees (Impact Fees): Connection Fees (Impact Fees) for the River Authority's wholesale system are hereby established in the following multiples of one (1) Equivalent Dwelling Unit, which connection shall have a value of $3,250. The required fee shall be computed by multiplying the value of one (1) Equivalent Dwelling Unit by the appropriate multiplier from the following list. Where the list is ambiguous or otherwise fails to properly cover a request for sewer connection, a connection fee (impact fee) consistent with those listed shall be established by mutual agreement of the River Authority and the wholesale Customer, and thereafter disclosed to the applicant. Industrial Connection Fee (Impact Fee) and Service Charges — the provisions of SAN ANTONIO RIVER AUTHORITY Ordinance No. 0 -805, passed and approved May 15, 1985, which is by reference included herein and made a part hereof, shall govern all aspects of industrial wastes discharged to the San Antonio River Authority Martinez - Salatrillo Creeks Sewage Transportation and Treatment System, specifically including fees and charges therefore. It is understood and agreed by the parties that when governing rules, regulations, orders, ordinances or other such requirements by the wholesale Customers are more stringent with respect to such industrial wastes, such wholesale Customer requirements shall prevail. TYPE OF CONNECTION MULTIPLIER Single family residence 1.00 Swimming pool 0.20 Multi- family residential, including townhouses, condominiums, duplexes, etc. (per dwelling unit) 1.00 Apartments 0.60 Hotels /motels with cooking facilities in room (per dwelling unit) 0.60 Hotels /motels without cooking facilities in room (per dwelling unit) 0.33 Trailer /mobile home parks (per trailer lot /space 1.00 Camper campgrounds (per camper site) 0.33 Hospital (per design bed) 0.66 Nursing /rest home (per design bed) 0.33 School with showers (per design student) 0.066 School without showers (per design student) 0.05 2. Policy for Payment of Connection Fees (Impact Fees): (a) The Customer shall certify to the San Antonio River Authority, on forms to be provided by the River Authority, the connection or connections that it desires to make to its local wastewater facilities. Simultaneously, the Customer shall tender to the River Authority its payment of all the connection fees (impact fees) for which certification has been made. (b) Upon acceptance of the Customer's certificate and payment, the River Authority shall issue its permit or permits to the Customer authorizing the making of the physical connection or connections. 3. Remedy for Failure to Pay Connection Fees (Impact Fees): In the event that the Customer should permit a service line of any classification to be connected to its local wastewater facilities without payment of the appropriate connection fee (impact fee) to the River Authority, the River Authority shall be entitled to liquidated damages in the amount of One Hundred Dollars ($100) for any such unpaid connection fee (impact fee) in addition to the appropriate fee itself. 4. Balance Due Poli Full payment of appropriate connection fees (impact fees) shall be made for all connections for which application is made on or after the date of execution of the agreement. Where only a portion of the wastewater connection fee (impact fee) has previously been paid to secure conditional connection approval, the balance due shall be the difference between the amount paid and the connection fee (impact fee) in effect at the time the balance is paid. DIAMETER OF SERVICE LINE 41/ C„ V 8„ Service station 1X 2X 4X Swimming pool (commercial) 1X 2X 4X Office bldg. retail & convenience stores 1X 2X 4X Bowling alley 1X 2X 4X Theater, drive -in theater 1X 2X 4X Factory, industry — see also paragraph 1(b) hereof 1X 2X 4X Spectator stadium 1X 2X 4X Church 1X 2X 4X Restaurant 2X 4X 8X 2. Policy for Payment of Connection Fees (Impact Fees): (a) The Customer shall certify to the San Antonio River Authority, on forms to be provided by the River Authority, the connection or connections that it desires to make to its local wastewater facilities. Simultaneously, the Customer shall tender to the River Authority its payment of all the connection fees (impact fees) for which certification has been made. (b) Upon acceptance of the Customer's certificate and payment, the River Authority shall issue its permit or permits to the Customer authorizing the making of the physical connection or connections. 3. Remedy for Failure to Pay Connection Fees (Impact Fees): In the event that the Customer should permit a service line of any classification to be connected to its local wastewater facilities without payment of the appropriate connection fee (impact fee) to the River Authority, the River Authority shall be entitled to liquidated damages in the amount of One Hundred Dollars ($100) for any such unpaid connection fee (impact fee) in addition to the appropriate fee itself. 4. Balance Due Poli Full payment of appropriate connection fees (impact fees) shall be made for all connections for which application is made on or after the date of execution of the agreement. Where only a portion of the wastewater connection fee (impact fee) has previously been paid to secure conditional connection approval, the balance due shall be the difference between the amount paid and the connection fee (impact fee) in effect at the time the balance is paid. Agenda No. 14 CITY COUNCIL MEMORANDUM City Council Meeting: June 28, 2016 Department: Finance /Public Works Subject: Ordinance No. 16 -M -18 - Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas amending the City of Schertz Code of Ordinances and certain other ordinances by amending the Fee Schedule and establishing and setting fees related to the sewerage transportation, treatment and disposal for the properties serviced by the San Antonio River Authority (SARA). First Reading To update the sewer fees for customers serviced by the San Antonio River Authority (SARA) and include these fees in the Fee Schedule. BACKGROUND With Resolution 15 -R -18 the City entered into an Interlocal agreement with the San Antonio River Authority (SARA) to provide sewer transportation, treatment, and disposal for Schertz customers within their service area. Each year SARA will update their fees and notify the City of the change. In May, there were a total of 6 residential properties in the SARA service area. Currently it is recommended the City set their fees to equal to the rates charged by SARA for the customers in their service area. Due to the timing of the rate change notification, the City recommends changing its rates effective September 1St to allow for a customary 45 -day notice of any rate change. SARA's rate to the City will change July 1St and it is recommended the City take on the difference for 2 months until the updated rates are in effect. This is only estimated to be a $50 charged against the City. The City will work with SARA on next year's timeline to prevent this lapse in coverage from occurring again. FISCAL IMPACT The fiscal impact is estimated to be $50 expense for the City due to the delay in effective dates. RECOMMENDATION Staff recommends Council approve ordinance 16 -M -18 on the first reading to set the customer rates equal to those charged by SARA. ORDINANCE NO. 16 -M -18 CONSIDERATION AND /OR ACTION APPROVING AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CITY OF SCHERTZ CODE OF ORDINANCES AND CERTAIN OTHER ORDINANCES BY AMENDING THE FEE SCHEDULE AND ESTABLISHING AND SETTING FEES RELATED TO THE SEWERAGE TRANSPORTATION, TREATMENT AND DISPOSAL FOR THE PROPERTIES SERVICED BY THE SAN ANTONIO RIVER AUTHORITY (SARA) WHEREAS, the City of Schertz (the "City ") has established by ordinances and resolutions for fees for licenses, permits, and services provided by the City; and WHEREAS, the City Council has authorized a review and a consolidation of certain fees for licenses, permits, and services provided by the City; and WHEREAS, the Schedule of Fees attached as Exhibit A reflects revisions to certain fees, a restatement of certain fees not revised, and a consolidation of all such fees; and WHEREAS, due to the need for periodic modification of said fees and for the purposes of efficiency, the City Council desires to adopt future fee changes by resolution rather than by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. All persons, firms, or corporations applying for licenses or permits or receiving other City services described on Exhibit A that require the payment of a fee incident to such application or service shall pay the fees as prescribed in the Fee Schedule attached hereto as Exhibit A and made a part of hereof. It shall be a violation of this Ordinance to conduct any activity or commence any use or receive any service for which payment of a fee described herein is required until such fee has been paid (if required to be paid in advance) or to fail to pay such fee when properly billed. SECTION 2. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Schertz, Texas as to the fees set forth on Exhibit A effect on the effective date of this Ordinance, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. The City Council may, from time to time, by ordinance add to the fees set forth on Exhibit A, and the fees now or hereafter set forth on Exhibit A may be modified from time to time by resolution of the City Council. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5. All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the Code of Ordinances in effect on the effective date of this Ordinance and modified by this Ordinance or any other ordinances in effect on the effective date of this Ordinance and modified by this Ordinance and requiring the payment of fees for licenses, permits, and other services provided by the City which have accrued on the effective date of this Ordinance; and any and all accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. This Ordinance shall be in full force and effect from and after its final passage and any publication required by law. Passed and approved on the first reading this 28th day of June, 2016. PASSED AND APPROVED ON FINAL READING this 12th day of July, 2016. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary City of Schertz Schedule of Fees Sewer Rates - SARA Customers 2015 -16 2016 -17 Residential Rates (Single Family) Base Rate -per month $ 9.30 $ 12.97 Per 1,000 gal Charge, Per Month User Charge based on 100% of avg consumption mo. $ 4.98 $ 4.98 User avg. based on Nov, Dec, and Jan, min. 500 gals. All Other Customers Per 1,000 gal Charge, Per Month User Charge -based on 100% of water consumed $ 6.67 $ 7.79 Agenda No. 15 CITY COUNCIL MEMORANDUM City Council Meeting: June 28, 2016 Department: Economic Development Subject: Ordinance No. 16 -T -17 Consideration and/or action approving an Assignment of the Tax Phase -In Agreement with Corridor Hotel II. LTD (First Reading) BACKGROUND History: The City of Schertz and Corridor Hotel II, Ltd. (Corridor Hotel) through Ordinance Number 07 -T -28 entered into a Tax Phase -In Agreement for the property located at 5008 Corridor Loop Road. The Agreement was for an eight (8) year period, commencing on January 1, 2008 and expiring on December 31, 2015. On December 17, 2015, Corridor Hotel reported its compliance with the 2015 calendar year. Corridor Hotel has requested to substantiate the agreement to Silverwest -I Schertz (F) LLC. According to Section 10 of the Agreement, the Agreement may be assigned with prior City Council approval. Proposed Action: To authorize the assignment among Corridor Hotel II, LTD to Silverwest -I Schertz(F) LLC. FISCAL IMPACT The agreement has expired so no further fiscal impact would occur to the City. Silverwest -1 Schertz(F) will continue to operate the hotel. STAFF RECOMMENDATION Staff recommends approval of Ordinance 16 -T -17 on first reading. ATTACHMENT(S) Ordinance 16 -T -17 Exhibit A_Ordinance 07 -T -28 Exhibit B_Assignment and Assumption Agreement ORDINANCE NO. 16 -T -17 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ASSIGNMENT AND ASSUMPTION AGREEMENT AMONG CORRIDOR HOTEL II, LTD., AND SILVERWEST -I SCHERTZ(F) LLC., AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, under Section 312 of the Texas Property Code allows municipalities to abate ad valorem taxes under specific guidelines and criteria; and WHEREAS, the City of Schertz, Texas established the City of Schertz Guidelines and Criteria for Tax Phase -in and Reinvestment Zones by Ordinance 06 -T -06 WHEREAS, by City Ordinance No. 07 -T -28, the City of Schertz, Texas (the "City ") established a Tax Phase -In Agreement with Corridor Hotel II, LTD., a property owner in the City of Schertz, ( "Agreement ") as set forth on Exhibit A; and WHEREAS, Section 10 of the Agreement allows assignment of the Agreement with approval of City Council as reflected in an adopted City Ordinance; and WHERAS, Corridor Hotel II, LTD., a Texas limited partnership desires to assign the rights, interest, duties and obligations arising under the Agreement and Silverwest -I Schertz(F) LLC., a Delaware limited liability company desire to assume the rights, interest, duties and obligations arising under the Agreement through the Assignment and Assumption Agreement as set forth on Exhibit B; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Assignment and Assumption Agreement as set forth on Exhibit B and ratifies any benefits and obligations by Silverwest -I Schertz(F) LLC. which flow from said Agreement. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All Ordinance, 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 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Ordinance shall be in force and effect from and after its final passage, and it is so resolved. Passed and Approved on First reading on the 14th day of June, 2016. PASSED AND ADOPTED, on Final reading on the 28th day of June, 2016. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CC 6 -14 -2016 EXHIBIT A ORDINANCE 07 -T -28 Tax Phase -In Agreement Corridor Hotel II, Ltd. A -1 EXHIBIT B ASSIGNMENT AND ASSUMPTION AGREEMENT M ORDINANCE NO. 07—T-28 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX PHASE -IN AND TAX PHASE -IN AGREEMENT BY THE CITY COUNCIL FOR AND WITH CORRIDOR HOTEL II, LTD., A PROPERTY OWNER IN THE CITY OF SCHERTZ. WHEREAS, Section 312 bf the Texas Property Tax Code allows municipalities to abate ad valorem taxes under specific Guidelines and Criteria, and the City of Schertz has adopted specific Guidelines and Criteria under these provisions; and WHEREAS, the City Council finds that the application for tax phase -in of ad valorem taxes by Corridor Hotel II, Ltd. meets those Guidelines and Criteria, and further finds the terms of the Tax Phase -In Agreement listed at Exhibit 1 are acceptable; and WHEREAS, the property owned by Corridor Hotel 1I, Ltd., described as a 4.313, acre tract of land on Corridor Loop Road adjacent to Hampton Inn & Suites, located in the City of Schertz, Guadalupe County, Texas; and, WHEREAS, the terms of the Tax Phase -In Agreement will cause no substantial long term adverse effect on the provision of the City's services or tax base, and the planned use of the property will not constitute a hazard to public safety, health or morals; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT, the request for tax phase -in of ad valorem taxes by Corridor Hotel II, Ltd., is approved. The approved rate is 79 percent for 10 years. Taxes shall be abated on capital improvements only, THAT, the City Manager is authorized to enter into an agreement, shown as Exhibit 1, with Corridor Hotel, Ltd. Approved on first reading the day of oum , 2007. PASSED, APPROVED AND ADOPTED this the /Aday of �uA1� 2007. Hal BaldMn, Mayor ATTEST: L.'L �,Z� (yid—y kar, City Secretary t'I;xhlbit 1" Tax Phase -Ibr Agr eentent Corridor Hotel II, Ltd. 1. Parties. This agreement is made and entered into by and between the City of Schertz, Texas (hereinafter called the "City"), and Corridor Hotel II, Ltd. (hereinafter called the "Company"). 2. Authorization and ni ndings. a. The agreement is entered into pursuant to: (1) Section 312 of the Texas Property Tax Code. (2) City of Schertz Ordinance, 06 -T -06 that establishes the City of Schertz Guidelines and Criteria for Tax Phase -In and Reinvestment Zones (hereinafter referred to as the "Guidelines and Criteria "). (3) City of Schertz Ordinance, 07 -T -28, which approves this Tax Phase -In and agreement and authorizes the execution there of b. The City, by approval of this agreement, hereby finds the terms of this agreement and the property subject to It, to meet the "Guidelines and Criteria" as adopted, and further finds (here will be: (1) No substantial long-term adverse affect on the provision of the City services or tax base, and, (2) No hazard to public safety, health, or morals as the result of die planned use of the property. 3. Property. a. The property, (hereinafter called the "Property ") is owned by Corridor Hotel II, Ltd. described as a 4.313 acre tract of land on Corridor Loop Road adjacent to Hampton Inn & Suites, Guadalupe County; b. Phase -ins approved will be based on the value of improvements set out on the real property roll of the Guadalupe County Appraisal District for the Property. The 2007 base year value established by (lie Guadalupe County Appraisal District is $845,435. C, The Project has recently been pla(tcd, but not recorded, so no tax account on the Property has been established. d. A general description of the improvements to be made by the Company is set out in the basic phase -in application and attachments. Tax Phase -!a Agreement Corridor Hotel D, Ltd. Page l of 7 4. Company Representatloli and Estimates. a. The Company represents they are the owners in fee simple of the Property. The Property is located within the City of Schertz, and within Guadalupe County. b. The company represents that the use of the Property Is to be as follows: speculation building for Hotel /Motel. e, The Company estimates it will make capital improvements (hereinafter referred to as "Improvements ") to the Property, which will cost approximately $7,500,000. d. The Company represents that no interest in the Property is presently held by or leased by and covenants that it shall not sell or lease any interest in the Property to, a member of the City Council, the Planning and Zoning Commission of the City, the Economic Development Department, or any other City officer or employee as long as this agreement Is in effect. 5. Terms of the Agreement. This Agreement is conditioned on the Company making the following Improvements to the Property and fulfilling the following covenants: a. Construction of approximately 74,000 square foot facility of Hotel/Motel, The Company represents that the Improvements to the Property will cost approximately $7,500,000 and will be completed during the term of the phase -in. b. The location of the Improvements is more particularly described in a site plan approved by the City of Schertz Planning and Zoning Commission. e. The Company covenants and agrees that all Improvements shall at all times comply with all applicable City building codes and ordinances, including, but no limited to, flood, subdivision, building, electrical, plumbing, fire and life safety codes and ordinances, as amended. Further, the company covenants to maintain the Improvements in compliance with all such building codes and ordinances, and in a neat attractive condition with the landscaped area described in the site plan approved by the Planning and Zoning Commission of the City, d. The Company agrees to pay all ad valorem taxes on the Property and on personal property in a timely manner, whether assessed by the City or any other tax jurisdiction. C. The company agrees to furnish the Chief Tax Appraiser of Guadalupe County with information outlined In Chapter 22, V.A.T.S. Tax Code, as amended, as may be necessary for tax phase -in and for appraisal purposes. f The Company certifies that its operation within the City of Schertz does not and will not knowingly employ as undocumented worker, as defined in Chapter 2264, Subchapter A, Texas Government Code, as amended (the "Act"); Tax Phase -In Agreement Corridor Hotel II, Ltd. Pago 2 of 7 g. Pursuant to the Act, if The Company is convicted of a violation under 8'U.S.C. Section 1324a(l), after receiving the tax abatement, The Company shall promptly give the EDC written notice of such violation and shall repay the total amount of the taxes abated, with interest at a rate of 6.75 percent per annum not Iater than (lie one hundred and twentieth (120'h) day after The Company notifies the EDC of the violation. h. The Company agrees to allow inspection of the Property by the City Manager, or a designee. Such inspection shall be to determine if the terms and conditions of the Agreement are being met and for the purpose of assuring compliance with applicable City codes and ordinances, Inspections will be made only after giving a minimum of twenty -four (24) hours notice and will be conducted in such a manner as to not unreasonably interfere with the operation of the Property. i. The Company agrees annually to certify in writing its compliance with the terms of this Agreement, which certification shall be filed by January 15th to the City of Schertx of each year during the Term of the Phase -In and by January 15 1h of the year following the Term of the Phase -In. �. Terms for the Tax Phase -In a. Provide that the Company complies with its obligation under Section 5 of the Agreement throughout the period of the please -in, 80°lfl abated for 1 year & 85% abated for 7 years of the entire assessed value of the Capital Improvements Iocated on the Property shall be exempt from ad valoretn taxation for a period of 8 years, b, No phase -in of taxes shall be granted as to personal property of the Company installed or maintained with the Property. c. The phase -in shall be for a 8 year period (the "Term of the Agreement") commencing on January 1, 2008 (the "Commencement Date "), and expiring on Decmber 31, 2015, the 8 year anniversary of the Commencement Date. Additionally, during the Term of this Agreement, the City agrees not to impose any other taxes or assessments that are intended to be in lieu of ad valorem taxes on the Company, the Property, or the Improvements. d. The Company shall pay all ad valorem taxes due on the assessed value of the Property prior to the beginning of the Tax Phase -In, C. The Company shall have the right to protest and contest any or all appraisals or reassessments of the Property, or the Improvements, and the Tax Phase -In provided for herein for such property shall be applied to the amount of taxes finally determined, as a result of such protest or contest, to be due for such property, 7. Default/Recapture. a. If the Company refuses or neglects to comply with any of the terms of this agreement or, if any representation made by the Company in the Application for Tax Phase -In (or this agreement) is false or misleading in any material respect and such refusal or default Tax Phase-In Agreownt Corridor Hotel 11, Ltd. Page 3 of 7 is not cured within sixty (60) days after notice, this Agreement may be terminated by the City. b. In the event the Company allows ad valorem taxes on the Property to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest, this agreement may be terminated by the City. a In the event the City determines the Company to be in default of the Agreement, the City will notify the Company in writing at the address stated in Section S of the Agreement, and if the defaults specified with reasonable particularity in such notice are not cured within sixty (60) days from the date of such notice, then this Agreement may be terminated upon written notice to the Company. d. If the city terminates this Agreement, taxes without phase -in will be due for the year in which termination occurred and shall accrue without phase -in for all tax years thereafter. However, there shall be no recapture of prior years' taxes abated by virtue of this Agreement. e. If during the Phase -in Period the Company should discontinue all operations in Schertz, Texas, then the City shall by Ordinance adopted by the City Council have the right to: (1) Recapture one hundred percent (100 °l0) of the taxes abated in prior years and the year in which such discontinuance occurs; and, (2) Terminate this Agreement. f. A total bill for any amounts due under Section 7a and Section 7b hereof will be sent to the Company and the Company agrees to pay the total amount within sixty (60) days after receipt. Penalty and interest will not begin to accrue until the Company has failed to pay any of the amount placed back on the tax roll within sixty (60) days after receipt of the bill, unless arrangements satisfactory to the City and the Guadalupe County Tax Assessor/ Collector has been made. g. A total bill for any amounts due under Section 7e and Section 7d hereof will be sent to the Company and the Company agrees to pay the total amount within sixty (60) days after receipt. Penalty and interest will not begin to accrue until the Company has failed to pay any of the amount placed back on the tax roll within sixty (60) days after receipt of the bill, unless arrangements satisfactory to the City and the Guadalupe County Tax Assessor/ Collector has been made, 8; Notice. All notices shall be in writing, addressed to the Company or the City at the following addresses. If mailed, any notice or communfcation shall be deemed to be received three (3) days after the date of deposit fn the United States Mail, certified mail, return receipt requested, postage prepaid and properly packaged for delivery. Unless otherwise provided in this Agreement, all notices shall be delivered to the following address., Tax Plinsc Tn Agreement Corridor Hotel A, Ltd. Page 4 of 7 To the Company: If mailed or personally delivered: David Skrehot Corridor Hotel H, Ltd. 900 Isom Road, Suite 300 San Antonio, Texas 78216 To the City: If mailed or personally delivered: City of Schertz Attn: City Manager 1400 Schertz Parkway Schertz, Texas 78154 9, Agreement Approved by City Council. The City represents that this Agreement has been approved by affirmative vote of a majority of the members of the Schertz City Council at a regularly scheduled meeting. 10. Assigutnent. This Agreement may be assignable to a new owner only with prior City Council approval as reflected in a duly adopted City Ordinance. 11. General Provisions. This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. If the holders of outstanding bonds of the City exercise any of the rights so as to diminish the effects or benefits of this Agreement, the CIty agrees to work with the Company toward establishing an alternative agreement with terms similar to this Agreement and considering any bondholders' rights. 12. Severnbility. In the event any section, subsection, paragraph, subparagraph, sentence, phrase or word herein is held invalid, illegal, or unenforceable, the balance of the Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, subparagraph, sentence, phrase or word. in such event there shall be substituted for such deleted provision a provision as similar in terms and in effect to such deleted provision as my be valid, legal and enforceable. 13. Estoppel Certificate. Either party hereto may request an estoppel certificate from another party hereto so long as the certificate is requested in connection with a bona fide business purpose. The certificate, which if requested, will be. addressed to a subsequent purchaser or assignee of the Company, shall include, but not necessarily be limited to, statements that this Agreement is in full force and Tax Phase-In Agreement Corridor Hotol it, Ltd. Pngo 5 of 7 effect without default, If such is the case, the remaining term of this Agreement, the levels of Tax Phase -In in effect, and such other matters reasonably requested by the party(ies) to receive the certificate, 14. Applicable Law. This Agreement shall he construed under Iaws of the State of Texas and is performable in Comal County, Texas. 15. Bluding on Successors and Assigns. This Agreement will be binding on and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 16. Date, This Agreement has been executed by the parties in multiple originals, each having full force and effect on this the day of c> _ 2008. For the Company: Title: C 1111�;9 County of Guadalupe This instrument was acknowledged before me on ;� 1—/ , 2008, by � 5 e� of Corridor Hotel II, Ltd., a Texas Limited Partnership, on behalf of said partnership. (SEAL) My commission expires: - to -01 v,wA v.aao�aannwaaawao,o,�,o.waa� 'tqr ERIN MATtACK Not �r * Notary Public State of Texas Comm. E.vp. 08.12 -2049 *eraYZaviatafdraK err. ::fr.v' Caeled44% Tax Phase4n Agreement Corridor 11otel A, Ltd. Pago 6 of 7 3, - rr--) Q±j Notary Public in and for the 8 tate of T- exas (printed name of notary) For the city: Now :. l Title: City Manager y: Brenda Dennis Title: City Secretary The State of Texas County of Guadalupe This instrument was acknowledged before me on . 1 , 2008, by Don Taylor, City Manager of City of Sehertz, Texas a municipality and body politic foi7ned under the laws of the St � tip mfawwm M cipality. Y ERIN MATLOOK (S * Notary Pubtlo State of Taxes of Comm. EV. 08.12 2001 Notary Public in and for the State of Texas a�ec��usa�ua�se�c�a��ti��at�ati��a�e My commission expires: '6-0-CA Tax Phase -In Agreamcot Corridor Hotel II, Ltd. Pago 7 of 7 9,- r-, \ -�_iC (printed name of notary) ASSIGNMENTAn ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT is effective as of June 4, 2015 (the "Effective Date "), by and among CORRIDOR HOTEL II, LTD., a Texas limited partnership ( "Assignor "), and SILVERWEST -I SCHERTZ(F) LLC, a Delaware limited liability company ( "Assignee "). RECITALS A. Assignor has conveyed to Assignee, by Special Warranty Deed, the real property located in Guadalupe County, Texas, which is described on Exhibit "A" attached hereto and incorporated herein by reference, together with all improvement thereon (the "Real Property "). B. The City of Schertz, Texas (the "City ") and Assignor entered into that Tax Phase -In Agreement, dated February 1, 2008 (the "Tax Agreement "), setting forth specific obligations in regard to development of the Real Property and granting Assignor the benefit of tax abatements in regard to the improvements to be constructed on the Real Property, as more specifically set forth in the Tax Agreement, C. The Assignor desires to assign and Assignee desires to assume Assignor's rights, interest, duties and obligations arising under the Tax Agreement that relate to the Real Property. NOW, THEREFORE, in consideration of the above Recitals and the terms, covenants and conditions herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assignment by Assignor. Effective as of the Effective Date, and subject to the approval and consent of the City, Assignor hereby assigns to Assignee, without recourse or warranty, all of its right, title, interest, duties and obligations under the Tax Agreement. Assignor does not make any warranties or representations whatsoever concerning the Tax Agreement. 2. Assumntion by Assignee. Effective as of the Effective Date, and subject to the approval and consent of the City, Assignee hereby accepts such assignment from Assignor, and expressly covenants to the City and Assignor that Assignee assumes and agrees to perform those rights, duties, interest and obligations of Assignor assigned to it under the Tax Agreement. 3. Representations of Assignor, and Assignee. Assignee is a limited liability company duly incorporated and existing under the laws of the State of Delaware and has all requisite power and authority to enter into, execute this Agreement, and perform its obligations hereunder. This Agreement, assuming the due execution and delivery hereof by Assignor and consent of the City, constitutes legal, valid and binding obligations of Assignee, enforceable against Assignee in accordance with the terms and conditions herein. Assignor is limited partnership existing under the laws of the State of Texas and has all requisite power and authority to enter into, execute this Agreement, and perform its obligations hereunder. This Agreement, assuming the due execution and delivery hereof by Assignee and consent of the City, constitutes legal, valid and binding obligations of Assignor, enforceable against Assignor in accordance with the terms and conditions herein. 4. Further Assurances. Each party agrees to perform any further acts and deliver any additional documents that may be reasonably requested to further confirm or carry out the assignments and assumptions contemplated by this Agreement. Each party shall comply with all laws and regulations applicable to the performance of its obligations hereunder. 5. Miscellaneous. Should any part, term or provision of this Agreement be declared illegal or in conflict with any law, rule, or regulation, the validity of the remaining portion, terms, or provisions shall not be affected thereby. None of the provisions of this Agreement may be amended without the written consent of both parties. 6. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the legal representatives, successors and assigns of the parties. 7. Counterparts. This Agreement may be executed in one or more counterparts, and all counterparts when taken together shall constitute one and the same original agreement. Executed counterparts of this Agreement delivered by e-mail or by other electronic means shall be deemed an original counterpart. [Remainder of page intentionally left blank] 2 90111114%V -1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year stated above by their duly authorized representatives. SILVERWEST-I SCHERTZ(F) LLC, a Delaware limited liability company By: Silverwest Manager Fund -I LLC, a Delaware limited liability company, its Manager By: Silverweg4otels LLC, a Delq a li ited liability qmpany, its Manager By: Name NV(ea -ec Title _ J G( U ACKNOWLEDGMENT STATE OF GQL05'Q } } ss. COUNTY OF I,�rei�.�✓, a No Public in and for and residing in said County and State, DO HEREBY CERTIFY THAT 1ES gSr , eOOof Silverwest Hotels LLC, the manager of Silverwest Manager Fund -I LLC, the manager of SILVERWEST -I SCHERTZ(F) LLC, a Delaware limited liability company, personally known to me, or proved to me on the basis of satisfactory evidence, to be the same person whose name is subscribed to the foregoing instrument appeared before me this day in person and acknowledged that he/she signed and delivered said instrument as his/her own free voluntary act and deed and as the free and voluntary act and deed of said limited liability company for the uses and purposes therein set forth. L4 Given my hand and notarial seal thiso&' day of / / //& 2016, Notary Public My ComrPission pires: ��°`M��q" j''*�, r r � ` .0 y�v^ 4�4 I C $ > 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year stated above by their duly authorized representatives. CORRIDOR HOTEL II, LTD., a Texas limited partnership By: Corridor Hotel I1, GP, LLC, a Texas limited Liability company, General Partner TfriT �RA r� STATE OF ss. COUNTY OF On this U_ day of ` _ , 2016, before me, a Notary Public in and for said state, personally appeared y1d t3 Skjqe �v , the Erg of Corridor Hotel II, LLC, a Texas limited liability company, the General Partner of Corridor Hotel II, Ltd., a Texas limited partnership, personally known by me to be the person who executed the within instrument on behalf of said corporation and acknowledged to me that he executed the same for ESPE[[[R��A14ZA A VALZ M rr k+f1Ct S ATE OF TEXAS r Not Publi r..e VIV Camrn. Aim- namnr -in�-F ■ A& » ?. Prin ed Name Exhibit "A" Description of Real Property Lot 8 and Lot 9, Block 1, SCHERTZ — FAIRFIELD INN SUBDIVISION located in the City of Schertz, Guadalupe County, Texas, as shown on Plat thereof recorded in Volume 7, Page 368, Plat Records of Guadalupe County, Texas, together with all of Grantor's right, title and interest in a Declaration of Signage Easement recorded in Volume 2222, Page 215, Official Public Records of Guadalupe County, Texas. Agenda No. 16 CITY COUNCIL MEMORANDUM City Council Meeting: June 28, 2016 Department: Development Services Subject: Resolution No. 16 -R -49 — Consideration and/or action approving a Request for a Historical Incentive Program for the Main Street Area grant for 807 Main Street. (B. James /B. James) BACKGROUND In January of 2015, City Council approved Resolution 15 -R -03 establishing the Historical Incentive Program for the Main Street Area in order to facilitate the preservation of historic structures to promote the economic vitality of the Main Street area as a tourist destination, the City of Schertz is offering incentives that will serve to improve existing properties and businesses within this area. Council subsequently modified the program via Resolution 16 -R -37 to eliminate the requirement that properties be designated as Landmark Properties and to slightly expand the area eligible for the grant. The resolution established details of the program including eligibility requirements, and draft funding agreement. The program provides matching funds up to $20,000 per property to go towards the cost of renovations. The aim of the program is to protect, enhance, and preserve the historic resources and landmarks which represent distinctive element of the City of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners an incentive for protecting their property; stabilize and improve property values; foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents, and strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. The owners of the property at 807 Main Street have applied for the grant and went to the Schertz Historical Preservation Committee (SHPC) on June 23, 2016 for a recommendation on their proposal. They are proposing to renovate the structure and property to open a business at this location. The applicant has provided a renovation plan outlining all of the improvements they plan to make and an itemized cost estimate for the work to the structure for which they are seeking the matching grant up to $20,000. The eligible work is estimated to cost approximately $44,000. The SHPC recommended approval of the request, noting that landscaping upgrades the owner plans to make are not eligible. Goal City Council Memorandum Page 2 Promote the history and culture of the City of Schertz to tourists and residents. Community Benefit Recognize structures of significance to the community's past. Summary of Recommended Action Staff recommends approval of Resolution 16 -R -49 approving the Schertz Main Street Area Preservation Incentive Grant for up to $20,000 subject to the applicant entering into the incentive agreement with the City. FISCAL IMPACT Up to $20,000 from the Hotel Occupancy Tax Funds. RECOMMENDATION Approval of Resolution 16 -R -49 ATTACHMENT Resolution 16 -R -49 Main Street Area Incentive Program Summary Main Street Area Incentive Program Map Main Street Area Incentive Agreement The Owner's Renovation Proposal RESOLUTION NO. 16 -R -49 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A REQUEST FOR A HISTORICAL INCENTIVE PROGRAM FOR THE MAIN STREET AREA GRANT FOR 807 MAIN STREET IN THE CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, The City of Schertz desires to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners and incentive for protecting their property; and WHEREAS, Stabilize and improve property values; and WHEREAS, Foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents; and WHEREAS, Strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. WHEREAS, the City Council approved the Historical Incentive Program for Main Street; WHEREAS, the Schertz Historic Preservation Committee is in support of this program and recommended approval of the grant request for 807 Main Street for up to $20,000; NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the Schertz Main Street Area Preservation Incentive Program grant request for 807 Main Street subject to the approved criteria of the program and execution of a funding agreement as outlined in Exhibit "A ". Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this day of , 2016. CITY OF SCHERTZ, TEXAS Michael R Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Schertz Main Street Area Preservation Incentive Program City of Schertz Section 1.1 Purpose The City of Schertz finds that promoting the enhancement and perpetuation of structures of historical importance and significance are necessary to promote the economic, cultural, educational and general welfare of the public. The area around Main Street in Schertz once served as commercial and social hub of the community. The City seeks to improve the image of the area around Main Street through historic restoration and rehabilitation of structures in the Main Street area to serve as a commercial, social, cultural and tourism hub of the City. The program is intended to: a) Protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners and incentive for protecting their property; b) Stabilize and improve property values; c) Foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents, and: d) Strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. In order to facilitate the preservation of historic structures to promote the economic vitality of the Main Street area as a tourist destination, the City of Schertz is offering incentives that will serve to improve existing properties and businesses within this area. Section 1.2 Administration The program will be administered by the City of Schertz Building Inspections Division. Section 1.3 Eligibility Criteria All of the following eligibility criteria must be met: a) Structures must have been constructed more than 50 years prior to the date of application. b) Property must be located within the Main Street Incentive Area. See attached map. c) All taxes and government fees must be current on the property. Section 1.4 Types of Grant Assistance Funding for this program is generated by the Hotel Occupancy Tax (HOT) funds. a) Program assistance is available to owners who make verified exterior improvements (however limited to comprehensive maintenance and rehabilitation painting, roof, windows, foundation, fagade restoration including replacing windows, wall repairs, brick re- pointing, replacing and exposing transom windows; and improvements necessary to stabilize a structure) consistent with applicable codes, or who make verified interior improvements to upgrade interior systems to current building codes (however limited to sanitary sewer lines, fire, HVAC, insulation, electrical, plumbing, or a combination of interior or exterior improvements) and which are approved in advance by the Schertz Historical Preservation Committee and City Council. Grants are available with a cap of $20,000 per property. b) Grants will not be provided for work already completed or which is begun prior to approval of the grant application. c) Funds will be provided on a 50150 matching basis. In kind contributions may be counted toward the match requirement. Section 1.5 Grant Application Procedures At the start of the fiscal year, the city will promote the amount of funding available. Applications will be received throughout the fiscal year, subject to the availability of funds. a) Property owner submit an application along with any required supporting documentation (i.e. drawings, total project cost estimate, photographs, contactor bids, tax certificates, etc.). Applications will be reviewed by the Building Inspections Staff for completeness. b) After submittal of a grant request, a preliminary site visit will be made by the Building Inspections Staff along with the Chairperson of the Schertz Historical Preservation Committee. c) Applications will be reviewed and evaluated by the Schertz Historical Preservation Committee. The Committee will evaluate the application based on the Secretary of the Interior's Standards for Rehabilitation. The Committee's recommendation will be forwarded to the City Council for review and approval. d) City Council will decide which entities qualify for assistance based on the architectural value of their proposed projects to the City of Schertz, the compatibility of the proposed projects with the Main Street Area, and the cost effectiveness of the proposed project in relation to the proposed amount of the grant. e) The property owner and City will execute a Grant Agreement detailing the obligations of the grantee, the method and timing of reimbursement, and outlining the scope of work eligible for reimbursement. I) Work must be completed within one year from the date of execution of the Grant Agreement, however; the Historical Preservation Committee may grant an extension of up to one year. N V Xj \ \ \ �d L ® //. \ \\ ✓�Q�P ® \ \\ • . - r : ^• -' ''', \ \\ mot\ � ., \'\ /', \ ,' `,+ +,. '.;`fir , • ..• 7� • \ i " \\ ��2•'' ,.r. � : fir.. !Ly\ Jam. ,4•• \ \ 6. \ t. \ pl, W o Z U) CD CD CD fb CD D 0 CD CY (6 N °o L OL CD 0 U ` C U O � C 0 L �J ^ W lV i .0 L UU)� Qi C U C 4--• W N C oo-O' \ I W o Z U) CD CD CD fb CD D 0 CD CY (6 N °o L OL CD 0 U ` C U O � C 0 L �J ^ W lV i .0 L UU)� Qi C U C 4--• W N C oo-O' STATE OF TEXAS § COUNTY OF BEXAR § HOTEL TAX FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND FOR EXPENDITURE OF HOTEL OCCUPANCY TAX FUNDS This Hotel Tax Funding Agreement (AGREEMENT) is made and entered into by and between the City of Schertz, Texas (CITY) and (ENT T, WHEREAS, the ENTITY has.`; P e a proposal `'- developed d to p p and WHEREAS, the City of Schertz finds, than. "promoting the enhancement and perpetuation of structures of historical importance and signifzcane6% are necessary to promote -the economic, cultural, educational and general welfare of the public; and = r WHEREAS, the area around M &Street in Schertz once served as commercial and social hub of the community; and At )WHEREAS, the City_ -seeks to improve the unage_ of the area around Main Street through historic restoration and rehabilitation of structures in the 1VIam; >Stleef_area to serve as a commercial, social, cultural and tourism hub of the.City; and WHEREAS, in order to facilitate the preservation of historic structures to promote the economic vitality of the I�Iam Street area as a tounst destination, the. City of Schertz is offering incentives that will serve to Smff -bve existing properties and businesses w tiro this area.; and a° WRWAS, the CityCquncil 4- the City of Schertz desires to provide Hotel Occupancy Tax revenues to the =` >. '_ :`;(ENTITY). NOW, THEREFORE, rtimmutually agreed by and between the CITY and ENTITY as follows: GENERAL PROVISIONS Section 1. Purpose. The purpose of this Agreement is to provide funding to the ENTITY for the project identified in the attached Exhibit "A" (the "Project "), the intent of which is to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of the City of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners an incentive for protecting their property; stabilize and improve property values; foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents, and strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. PAGE I OF 5 Section 2. Obligation of the ENTITY. The ENTITY shall use all of the awarded funds provided by the CITY in accordance with Chapter 351 of the Texas Tax Code, the ENTITY'S funding application, and the attached Exhibit "A ". Section 3. Reporting Requirements of the ENTITY. The ENTITY shall deliver a detailed accounting of the expenditures for the Project within thirty (30) days after completion of the Project (the "Post Event Report "). The Post Event Report shall include copies of receipts and other documents establishing the expenditures for the project. The CITY shall not make reimbursements for expenditures where no receipt or invoice is provided. Partial or incomplete reports will not be accepted. Section 4. Authorization of Payment. Subject to_tte ^ ENTTTY'S satisfactory performance and compliance with the terms of this AGREEMENT, the CITY agree -s.,to pay the ENTITY up to fifty percent (50 %) of the Project from hotel occupancy t_ax<yfunds. Payment will be made within forty-five (45) days of acceptance of the complete Post Event'Report. Partial or incomplete reports will not be accepted. Only expenditures that meet Chapter t3S_3 :t of the Tax Code and this AGREEMENT shall be reimbursed. °'.' ? ?• Section 5. Appeal Process. Any ENTITY 'ME St appeal the decision of the CITY must present their appeal in writing within ten (10)';business days ofTirnding denial. Section 6. Rights. The City of 5chertz has the..right, af=auy time, to inspect the books or records of the ENTITY that may >•elate to performance of :fliis AGREEMENT. The CITY, at its sole expenses, has the rightto conduct an_audit of the ENTITY or Proi ect. . Section 7. Term -The AGREEMENT sliall: become effective as of the date entered below. The AGREEMENT shall ternnate one }rear from its effective date or once the terms have been met, whichever occurs first: Section 8. Indemnification. The'_ENTITY agrees to defend, indemnify and hold harmless the CITY, its offcers, agents and employees, against any and all claims, lawsuits, judgments, cause of action, costs and expenses for personal injury (including death), property damage or other harni for which recovery of damages Is- sought, suffered by any person or persons, that may arise out of or be occasioned by the ENTITY's breaclr._Qf,any, -of the terms or provisions of this AGREEMENT, or by any negligent act or omission of the ENTITY.. it9t officers, agents, servants, employees, contractors, or subcontractors, in the performance of this AGREEMENT; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the CITY, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the ENTITY and the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. -Both parties expressly agree that this AGREEMENT does not assign any responsibility for civil liability to the City of Schertz that may arise by virtue of this AGREEMENT. Section 9. Termination. A party may terminate this AGREEMENT in whole or in part if the PAGE 2 OF 5 other parry fails to comply with a term of the AGREEMENT, including the inability of the ENTITY to conform to any change required by federal, state or local laws or regulations; or for the convenience of either party. The terminating party shall provide written notification to the other party of the decision to terminate this AGREEMENT within thirty (30) days before the effective date of termination. A party may terminate the AGREEMENT for breach of any provision of this AGREEMENT, upon written notice of the breach and the breaching party shall have ten (10) days after receipt of the written notice in which to cure the breach to the satisfaction of the non - breaching party. Section 10. Notice. All notices required or permitted under this AGREEMENT shall be in writing and shall be delivered in person or mailed as follows: to the CITY at: City of Schertz Attention: City Manager 1400 Schertz Parkway Schertz, TX 78154 (210) 619 -1000 To the ENTITY at: [Name (Attention: [Address: ] [Mailing address if different from address: ] j [City, State, ZIP] [Telephone uu'in ] -_ MI ,CELLA- MOUS Seefron 11. En-frre.fAgreement. This AGREEMENT constitutes the entire agreement of the parties regarding the sublecf= matter contained herein. The parties may not modify or amend this AGREEMENT;. except by writteu. agreement. approved by the governing bodies of each party and duly executed by b(d E` rties. Section 12. Vproval. -Tj is AGREEMENT has been duly and properly approved by each party's governing body arid: constitites a binding obligation on each party. Section 13. Assignment. Except as otherwise provided in this AGREEMENT, a party may not assign this AGREEMENT or subcontract the performance of services without first obtaining the written consent of the other party. Section 14. Non-Waiver, A party's failure or delay to exercise right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this AGREEMENT does not preclude the exercise of another right or remedy. Rights and remedies under this AGREEMENT are cumulative and are not exclusive of other rights or remedies provided by law. PAGE 3 of 5 Section 15. Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this AGREEMENT or any section thereof. Section 16. Attorney fees. In any lawsuit concerning this AGREEMENT, the prevailing party shall be entitled to recover reasonable attorney's fees from the nonprevailing party, plus all out -of- pocket expense such as deposition costs, telephone, calls, travel expenses, expert witness fees, court costs, and their reasonable expenses, unless otherwise prohibited by law. Section 17. Severability. The parties agree that in =the event any provision of this AGREEMENT is declared invalid by a court of competent jui7sdcf on that part of the AGREEMENT is severable and the decree shall not affect the remainder of _thMREEMENT. The remainder of the AGREEMENT shall be in full force and effect. - `,� -= Section 18. Venue. The parties agree thatall' disputes that'arise:of this AGREEMENT are governed by the laws of the State of Texas and venue: for all purposes here iM%hall be in Milam County, �r Texas. _ Section 19. Certificate of Insurance. The ENTITY agrees to provide a certificate of insurance for liability and worker's compensation insurance or letter of self - insurance on its letterhead indicating its self - insured status before any event Warded ;funding under this AGREEMENT. The cost of the insurance herein mentioned to be secured and mantaTM'd..by the ENTITY shall be borne solely by the ENTITY. City Manager ATTEST: City Secretary (Title) (Title) PAGE 4 OF 5 .4.u: .1 [Describe the proj cot to be performed] PAGE 5 of 5 807 Main Street Renovation plan This is a summary of renovations and enhancements we would like to implement for our building. A specific, itemized list is also available in spreadsheet format. Exterior: 1. Replace the front large glass pane windows with a commercial entry door. Frame, side and paint consistent with current elevation. The large panes are not energy efficient at all. 2. Replace all 8 aluminum windows with triple pane vinyl windows. 3. Repair /resurface parking area 4. Add some decorative landscaping, bushes, flowers, etc... to help beautify the building. Interior: 1. Remove paneling and replace with fire rated sheetrock 2. Insulate all walls and ceilings 3. Upgrade electrical to current code 4. Upgrade plumbing to PEX, current code and ADA compliance 5. Install HVAC system 6. Repair floors as needed 7. Install ceramic tile flooring 8. Renovate bathrooms, replace fixtures, ADA compliant 9. Texture and paint walls We believe these repairs are within the spirit of the program and are in line with section 1.4 of The Schertz Main Street Area Preservation Incentive Program. If there are any modifications you would like us to consider, we are open to suggestions. We want to keep the building mostly in tact with only minor framing changes. But with enhancements that will bring the building up to current codes and standards. Thank you, Jerry and Judy Goldick ADDENDUM TO PERMIT APPLICATION FOR 807 MAIN STREET, 78154 TASK CONTRACTOR REMOVE PANELING FROM WALLS OWNER REMOVE SHEETROCK FROM CEILING AND WALLS _ OWNER REMOVE TILES FROM CEILING IN BIG ROOM OWNER REMOVE SUB FLOOR ON PIER AND BEAM SIDE I OWNER T�►yl[�1 il�i�y �yl�� 3Ole _p 04: PIER AND BEAM SIDE O_WN_ ER _ REMOVE FRAMED WALLS ON RIGHT SIDE/ FLOWER STORAGE /NON LOAD BEARING OWNER REMOVE TOILET AND SINK FROM BATH ON PIER AND BEAM SIDE OWNER COST ESTIMATE BEAM SIDE OWNER - INSTALL TONGUE AND GROOVE SUB FLOOR PIER AND BEAM SIDE OWNER $ 385.00 FRAME LEFT ROOM AND BATHROOM PIER AND- BEAM SIDE ADA COMPLIANT OWNER $ 163.00 INSULATE WALLS, CEILING AND ATTIC SPACE SOUTH TEXAS INSULATION i $ 2,270.00 INSTALL SHEETROCK ON WALLS AND CEILINGS OWNER $ 1,514.00 TEXTURE AND PAINT WALLS AND CEILINGS OWNER $ 459.00 FRAME FRONT WALL TO REPLACE LARGE GLASS PANES ADD 2 WINDOWS /SIDING /PAINT .OWNER $ 544.00 REPLACE 8 WINDOWS THROUGHOUT BUILDING IWINDOW DEPOT $ 5,300.0_0 INSTALL BACKERITHIN SET FOR TILE f OWNER $ 859.00 INSTALL TILE FLOORING ON PIER AND BEAM SIDE - - DOWNER - -- - _ i -$ 1,029.00 LEVEL RIGHT SIDE FLOOR WHERE IT'S CRACKED OWNER INSTALL TILE FLOORING ON RIGHT SIDE INCLUDING BATHROOM $ OWNER PATCH UNUSED GAS VENTS IN ROOF $ OWNER RESURFACE PARKING AREA $ - OWNER INSTALL BASE MOLDING AND DOOR CASING $ _ O_ WNER FRAME WALL ON RIGHT SIDE AT BATH BETWEEN $ 76.00 FRONT AND BACK(WIDEN) JOWNER INSTALL WALL MOUNT SINKS, TOILETS AND MOP' SINK OWNER INSTALL BAR SINK AND COUNTERTOP_ OWNER _ INSTALL PRIVACY FENCE ALONG BACK OF PROPERTY OWNER LABOR FOR INSTALLING SHEETROCK, TAPE - - - l $____ - 396.00 FLOAT AND TEXTURE OWNER /SUB /LABOR TOTAL ESTIMATED COST TASKS FOR PLUMBER REPLACE GALVENIZED PIPES WITH PEX OR COPPER PER PLUMBER MK PLUMBING _ _ _ RELOCATE AND INSTALL WATER HEATER 7MK PLUMBING $ 373.00 1 $ 4,000.00 $ 23,293.00 $- 29,067.00 $ 2,400.00 $ 450.00 $ 674.00 $ 31.00 - - $ - 3,500.00 - $ 323.00 $ 76.00 - $ 536.00 $ 861.00 FLOAT AND TEXTURE OWNER /SUB /LABOR TOTAL ESTIMATED COST TASKS FOR PLUMBER REPLACE GALVENIZED PIPES WITH PEX OR COPPER PER PLUMBER MK PLUMBING _ _ _ RELOCATE AND INSTALL WATER HEATER 7MK PLUMBING $ 373.00 1 $ 4,000.00 $ 23,293.00 $- 29,067.00 $ 2,400.00 $ 450.00 ADDENDUM TO PERMIT APPLICATION FOR 807 MAIN STREET, 78154 RELOCATE SUPPLY AND DRAIN LINES FOR KITCHEN SINK/BREAK AREA MK PLUMBING REPLACE CAST IRON SEWER LINE WITH PVC MK PLUMBING TOTAL ESTIMATED COST TASKS FOR ELECTRICIAN- ESTIMATES. ALL WORK WILL BE TIME AND MATERIAL REPLACE MAIN PANEL AMP'D ELECTRIC AI RSE WEATHERHEAD ABOVE ROOF LINE AMP'D ELECTRIC GROUND CURRENT 2 WIRE OUTLETS /FIXTURES AMP'D ELECTRIC WIRE TO RELOCATE LIGHT FIXTURES /SWITCHES AS NEEDED AMP'D ELECTRIC 1 $ i $ $ 2,850.00 $ 2,000.00 $ 400.00 $ 800.00 WORK WITH GVEC TO UPGRADE SERVICE AMPS IAM_P_'DEL_E_CTRIC RUN WIRING FOR 2 MINI SPLIT SYSTEMS. 40 AMP SERVICE. _ AMP'D ELECTRIC INSTALL RECESSED LIGHTING IN MAIN OFFICE PIER AND BEAM SIDE AMP'D ELECTRIC_ TOTAL ESTIMATED COST TASKS FOR _HVAC COMPANY INSTALL HVAC SYSTEM(S). 2 X MINI SPLIT SYSTEMS. ALL SERVICE WORK WITH ELECTRICIAN AND PLUMBER FOR GAS AND ELECTRIC NEEDS TOTAL ESTIMATED CS T GRAND TOTAL ESTIMAT-El 700.00 500.00 $ 12,550.00 - -- T$ - 43,693.00] $ 600.00 $ 5,000.00 $ 12,550.001! $ 12,550.00 - -- T$ - 43,693.00] I .. 1 .. 11 Cl) t: Z Rj'�� fli � 0.!. {� ® 1 V /.f Z r �-r. t� 1 ` I i ¢� v,m - � ,,r � mom ��• 1 KFr V 1. f� • �a S 1 � mom G) oo m > m 0 z c z mcn� u'�z om� o G � O �. O w (D n n=;h - h CQ O -h O (D (D O ,-, O (Q 3 Oo O (D (D (D -'I O 1 DO (D 3 Z� O _3 CQ UD m O le m O O C0 uo O