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07-12-2016 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL JULY 12,2016,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 COMMUNITY.SERVICE.OPPORTUNITY City of Schertz Core Values Do the right thing Do the hest you can Treat others the way you would want to be treats Work cooperatively with others Call to Order — City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Carpenter) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • Announcements and recognitions by City Manager (J. Kessel) New Employee Recognition • Library — Pt. Time Library Page Summer Marsh • Parks, Recreation & Community Development — Assistant Director of Parks, Recreation & Community Services Lauren Shrum • Police Department — Civilian Evidence Technician Jordan Brouchoud • Water Administration — Receptionist/Dispatcher Dawn Hampton • Fleet Department - Fleet Mechanic 1 Steven Brozovic and Brian Siepert Presentations: • Presentation regarding the YMCA Community First Camp. (J. Kessel /S. Gonzalez/L. Klepper /C. Jaeger) 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. 07 -12 -2016 Council Agenda 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 Dearing of `Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. Minutes — Consideration and/or action regarding the approval of the minutes of the Regular Meeting of June 28, 2016. (J. Kessel /B. Dennis) 2. 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). Final Reading (D. Wait /J. Hooks /J. Walters) 3. 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. Final Reading (J. Kessel /K. Kinateder) Discussion and Action Items 4. Resolution No. 16 -R -50 — Consideration and /or action approving a Resolution awarding and approving the City of Schertz Bank Depository Contract to Schertz Bank & Trust. (J. Kessel/J. Santoya /J. Walters) 5. Resolution No. 16 -R -51— Consideration and /or action approving a Resolution by the City Council of the City of Schertz approving the Schertz /Seguin Local Government Corporation Fiscal Year 2016 -2017 Annual Budget. (D. Wait /A. Cockrell/A. Briggs) 6. Resolution No. 16 -R -52 — Consideration and /or action approving a Resolution by the City of Schertz approving the Schertz /Seguin Local Government Corporation Fiscal Year 2016 -1.7 Water Rates. (D. Wait /A. Cockrell/A. Briggs) 7. Resolution No. 16 -R -54 — Consideration and /or action authorizing on -call contracts with Advanced Water Well Technologies and Austin Armature for pump and motor maintenance services. (D. Wait /J. Hooks) 07 -12 -2016 City Council Agenda Page - 2 - 8. Ordinance No. 16 -S -19 — ZC2016 -005 — Conduct a public hearing and consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas on a PH request to amend the Comprehensive Land Plan by changing approximately 6 acres of land from "Highway Commercial" to "Commercial Campus" on the Future Land Use Plan. The area is generally located southwest of the intersection of FM 2252 and IH -35, and is specifically described as 5.929 acres out of the Robert Martin & JNO.F. Walker Survey No. 113, Abstract 244, City of Schertz, Guadalupe County, Texas. First Reading (B. James /L. Wood /B. Cox) 9. Ordinance No. 16 -S -20 — ZC2016 -003 — Conduct a public hearing and consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a PH request to rezone approximately 6 acres of land from General Business District (GB) to Planned Development District (PDD). The property is generally located southwest of the intersection of FM 2252 and IH -35, and is specifically described as 5.929 acres out of the Robert Martin & JNO.F. Walker Survey No. 113, Abstract 244, City of Schertz, Guadalupe County, Texas. First Reading (B. James /L. Wood /B. Cox) Roll Call Vote Confirmation Requests and Announcements 10. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 11. 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. 12. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Adjournment CERTIFICATION 1, DONNA SCHMOEKEL, DEPUTY CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON 07 -12 -2016 City Council Agenda Page - 3 - THE OFFICIAL BULLETIN BOARDS ON THIS THE 8" DAY OF JULY, 2016 . AT 5:00 P.M. WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Dov'vwl <sehmo6zeL Donna Schmoekel, Deputy City Secretar I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 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 07 -12 -2016 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: July 12, 2016 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a Regular Meeting on June 28, 2016. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular Meeting of June 28, 2016. ATTACHMENTS Regular Meeting of June 28, 2016. MINUTES REGULAR MEETING June 28, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 28, 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 Mayor Pro -Tem Cedric Edwards Councilmember Jim Fowler Councilmember Grumpy, Azzoz Councilmember Daryl John Councilmember Robin ThoYnpso Staff Present: City Manager ' 'John Kessel Executive Director Brian James Executive Dirctor Dudley" Wait City Attorney Charles Zech City Secretary Brenda Dennis Assistant to the City Manager Sarah. Gonzalez Call to Order — City Council Regular Session Mayor Carpenter called the meeting to order at 6:01 p.m. (Councilmember John) • Wednesday, June, 29, Blood Drive, 1400 Schertz Pkwy, 8:00 -11:30 a.m. • l ouday- Tuesd4y, July 3 -4, July 4th Jubilee Celebration with a parade, fireworks, od.; fo music, etc:, 'City Offices will be closed on Monday July 4t . • Monday; July 4, Let Freedom Run, 5K Run/Fun Walk benefiting the Veteran's Memorial ?laza, Schertz Civic Center, 8:00 a.m., Registration 9:00 a.m. For more info contact John Purnell at 21.0- 385 -8248 or at www.active.com. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated he received a lengthy e- mail from a Department of Defense employee thanking our Dispatch personnel (specifically Danielle Donahue) on her professionalism handling his recent 911 call for assistance. 06 -28 -201.6 Minutes Page -1- He also received a letter from Alamo Forensic Services complimenting Public Safety Systems Coordinator Dallas Berry on his knowledge and experience with the network /communications link on a recent project they were working on with the City. Mr. Kessel stated the City has also received the first Star Transparency Award from the State Comptroller's office. Finance Assistant Director James Walters was very instrumental in achieving that goal. We are one of the first ten cities to receive one of these new stars under the new system. He thanked the Finance Department for all they are doing to maintain our transparency with the citizens. Hearing of Residents Mayor Carpenter recognized the following individuals who • Mr. David Lopez, who spoke on the recc sidewalks from Schertz Parkway to FM 151 along this route but do not take care of theii put up to remind folks to take care of this. Executive Director Brian James before he information with him. Workshop • Discussion, presentation and updates Wait) completed extension of the nice wide I that residents frequently, walk their dogs 's droppings. He is req iiesting a sign be ryor Carp asked him, to speak with es this evenine and leave his contact Facility. (D. Wait /D. Now, they are in the middle of testing and balancing and the audit of the air handlers themselves,. After the coils have been cleaned there is more air movement but still not as much as the units were designed to move. We are waiting on the testing and balancing. The team will meet again next meek to discuss the results of all these steps and what we will do after that. The peop t06 will meet will be the engineer who designed and recommended the air handling system, the architect and all the other contractors. It continues to move forward. However, they are still struggling to keep the building cool and dry. They hope to have the next steps laid out next week as to what they will do going forward. Meanwhile they continue to conduct business out there as usual. Mr. Wait addressed questions and comments from council. Council and Mr. Wait concurred that he would come back with an update monthly until everything has been resolved satisfactorily. • Discussion, presentation and update regarding water odor complaints. (D. Wait /J. Hooks /E. Busch) 06 -28 -201.6 Minutes page - 2 - Mayor Carpenter recognized Executive Director Dudley Wait who provided some background information stating that about three months ago they started receiving some random complaints about residents noticing some odd odors when people ran their water. The Public Works Department always responds aggressively to any water complaints by doing some immediate testing. They did some research and traced it back to a change that Schertz- Seguin made this past February. The bottom line is in each system in the nation that the water system uses chlorine dioxide experienced this non predictable pattern of the existence of these odors. The City has been working with the Schertz- Seguin Local Government Corporation (SSLGC) to try to limit these incidents. They will continue to monitor the situatic and make adjustments on both the equipment and chemicals. Oddly, Schertz is the only city using this water that hasn't, Seguin hasn't, nor SAWS. Mr. Wait introduced Public Works Assistant I to what we are currently doing. These include: - Tracking locations of calls on a map -Test water for Chlorine dioxide residual (SSLGC -Test water for chlorine residual -Fill out water customer concern survey - Educate customers on the possible causes - -cif the c - Distribute handouts on the use of chlorine dio id, -Web Page with information on the use of Chlorin Mr. Hooks ad that the water Public Works Consent The Agenda ooks who any complaints —Selma information as questions from Council. He ended by saying to regulatory requirements and it is tested by ill tither levels are within an acceptable range. explanatory and will be enacted by the Council with one ,n of these items unless they are removed from the Consent a Councilmember. and /or action regarding the approval of the minutes of the Regular Q. Kessel /B. Dennis) Ordinance No. 46 -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) The following was read into record: ORDINANCE NO. 16 -D -14 06 -28 -2016 Minutes Page - 3 - 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. 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 1.518 and Alsation Way. Final Reading (B. James /K. Woodlee /C. Palgn1o) The following was read into record: ORDINANCE NO. 1 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 DEVISING SECTION 86- 119i,"MAXIMUM LIMITS IN SCHOOL ZONES, AND PROVIDING AN EFFECTIVE DATE 4. Ordinance No. 16 -D -16 — Consid Section 86 -1.49 of the City Code parking zone limit at the Kramer Palomo) The following was read into record: and /or action approving an Ordinance amending finances, Parking tQhibited, to include a 5 minute fail kiosk. Final Reading, (B. James /K. Woodlee /C. ANCE O. 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 ,l!!IENDED BY REVISING CHAPTER 86, ARTICLE V, SECTION 86 -149 PARKING PROHIBITED: AND PROVIDING AN EFFECTIVE DATE. 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, 201. (B. Dennis /Mayor /Council) Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Thompson to approve consent agenda items 1 -6. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Discussion and Action Items 06 -28 -2016 Minutes Page - 4 - 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) The following was read into record: RESOLUTION NO. 16 -R -42 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF 'SCHERTZ, TEXAS AUTHORIZING AND APPROVING PUBLICATION Off' = 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 Mayor Carpenter recognized Managing Director of SAMCO Capital Markets,, Inc. Andrew Friedman who passed out a timetable related to the - Certificates `of Obligation as well as a plan issuance of general obligation bonds from the election held this past year. This process begins with a notice of intention resolution: where we post notice," of the project in a `not to exceed' amount to fund that project. The ono, before you this evening,, its for a not to exceed amount of $3.9 million to fund various improvements related to the swimming pool and other projects that are outlined therein. There are three different series of debt for consideration. The first one is $6 million in general obligation' bonds related do voter approved improvements. The second one is a $2.6 milli6A tax exempt certificate and 1.3 million taxable certificate. Based on the City attorney's recommendation, the debt was split so they could take advantage of a lower interest - -=rate for the tax exempt certificates. The rest will be offered at competitive pricing to investors,.,, They wilt come back to Council on August 2 with the results of all the bids and council will have Ghe opportunity to v6te yes or no on those bids. He explained that with the latest information on Brexit where Great Britain opted to leave the European Union, it .`l has created. ot of turmoil across the globe. This has driven yields down. At the moment we are at historic lows. They expect to get very good interest rates —they have been canning interest rates at around 3.25% for these 20 year CO's and bonds. Right now they world be below 2.75 %. We expect to do better than we have been projecting. This would leave funds delivered to the City by September 1. Mr. Friedman and Mt. Walters addressed comments and questions from Council. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson that the City Council adopt a notice of intention resolution and approve Resolution No. 16 -R -42. 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. 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. 1.6 -R -40 pertaining to the cancellation of the August 2, 2016 Council meeting. (J. Kessel /J. Walters) 06 -28 -201.6 Minutes Page - 5 - The following was read into record: 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 Mayor Carpenter recognized Assistant Finance Director James W , ers who stated that based alt, on information provided by Mr. Freedman, this resolution reinstates the August 2, 2016, Council meeting date. Mayor Carpenter recognized Councilmember Thompson, who moved, seconded by Mayor Pro-Tem Edwards to approve Resolution No. 16- The vote-was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. The following RESOLUTION NO. 16-R-43 will be unable to attend the a Resolution authorizing et Amendment for Fiscal the SSLGC Repair and A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE 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 Mayor' Carpenter recognized Executive Director Dudley Wait who introduced Assistant General Manager Amber Briggs, who stated the Schertz/Seguin Local Government Corporation has,' aDetained 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 approved this action at their regularly scheduled board meeting on April 21, 2016. 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 06-28-2016 Minutes Page - 6 - citizens of Schertz will continue to receive this vital service. Staff recommends approval of the Resolution approving the Budget Amendment to the FY2015 -2016 Annual Budget. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 16 -R -43. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 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) The following was read into record: A RESOLUTION BY THE CITY COUNCIL AUTHORIZING EXPENDITURES WITH BB THAN $95,000.00 FOR BUILDING INSP REMAINDER OF THE 2015 -2016 FISCAL CONNECTION THEREWITH 16 -R -45 'ITY OF SCHERTZ, TEXAS UNS TOTALING NO MORE SERVICES DURING THE ND OTHER MATTERS IN Mayor Carpenter recognized Executive. Director Brian James who stated in an effort to meet citizen needs and department workloads;,the City c6ritt4cted,with BB Inspections in July 2015 . for building inspection services. Over 'the last 11 m6rtths the inspection and plan review services provided -by B9, 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 o same day ins?cetions. Additionally, residential plan review times have reduced from 30 itsincss 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 $ 0,000 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. 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 201.5 -16 in an amount not to exceed $95,000. Staff recommends approval. Councilmembers expressed the benefit of having BB Inspections assist when appropriate and necessary providing timely inspection reviews. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro- Tern Edwards to approve Resolution No. 16 -R -45. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 06 -28 -201.6 Minutes Page - 7 - 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) The following was read into record: RESOLUTION NO. 16 -R -46 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCIIERTZ, 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. Mayor Carpenter recognized Fire Chief David Covington wh6 Mated the Schertz Fire Department is charged with the responsibility ofional fire suppression, protection and prevention. The Fire Department responds to fire acid 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 1.0 to the Schertz `City.limits. This is an annual agreement between Bexar County and the City of Schertz and has no kiificant changes from previous years. 1.2. Resolution No. 1611, 44 — Conduct a public hearing and consideration and /or action The following was read into record: 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. 06 -28 -201.6 Minutes page - 8 - Mayor Carpenter recognized City Engineer Kathy Woodlee who stated 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. Also, the data collected will be used for cot stniction design of the system. In order to gain access to private properties across which the lime is expected to be constructed, property owners were contacted by a mailed letter in December, 2015, and were asked to grant access via a signed right of entry farm. Most affected property owners agreed to grant access but several property owner have either verbally denied or I have been unresponsive to requests. (To be clear, the granting of the,,,, right of entry dues not imply acceptance or agreement to grant an easement across pr erty for construction of the system. It only provides the City access for the purpose of surveying and data collection.) An informational open house meeting l impacted property owners were invited. various properties along the project rot regarding the project were held by City notice regarding this - esolution was sent provided express: ermission, for the City This Resolution survey and data Woman Holleri City to exercise its implied statutory authority to conduct the Pies necessary to define the specific location and design of the the`bckborke of a wastewater collection system (an essential service will serve 'an area of 4,653 acres. Surveying and assessing natural I proposed route of the line is critical to the proper planning, design, 'oject. Resolution 16 -R -44 directly supports the City's core values of sential Services while the proper location and construction of the Wastewater :Line project will ultimately contribute to the values of )mic prosperity, and fiscal sustainability. 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. Staff recommends Council approval of Resolution 1.6 -R -44. Mayor Carpenter opened the public hearing and recognized the following who spoke: • Mr. Reagan. Rawe, 7993 Trainer Hale Road #4, who expressed his dissention of allowing access to his property due to recent information he obtained from TCEQ, 06 -28 -2016 Minutes Page - 9 - Parks & Wildlife and the Core of Engineers in Fort Worth. He expressed his opinion that the city needs to rethink going down the creek with the wastewater line. He also spoke on his displeasure of the Management Company and the project management the city chose. He spoke in displeasure of not considering any other route and authorizing any other surveys of other locations. • Mr. Rod Ellison, 12762 Woman Hollering Road, who stated that he just passed off the agreement for the Turners with some specifications that they are home during the survey dig and that nothing be cut unless they are home. He stated that they live to the left of him. He stated that they are opposed to the line bud dia not want to see the suit happen. Mr. Ellison stated that he was not notified before the individuals came out to his property and he had specifically requested that he be;rr tified when someone would be out. Mr. Ellison also expressed his concern regarding the,, May Salado Creek leaks that were reported and that four of those were in creek beds.,Mr. Ellison stated that he does not understand why the city is doing whaf4hey °said they'did wrong, yet the City of Schertz is going to do the exact same thing. He requested that the. City do the right thing and not go the cheapest route. Choose what is, going to be the best for them with the least amount of harm. As no one else spoke, Mayor Carpenter closed the for Council comments. thy Woodlee who addressed questions brought ll be sub - consultants who will be doing some 164119,the state antiquities guidelines looking ng wetids and determining what the best nethodologies might be advisable. Finalization cannot be accomplished until we complete the Mons per day is the design flow for the new ws through this line and others; it is the total Voodlee addressed comments and questions from Council. Questions and concerns .ed sewage 'leaks, costs, necessary equipment needed and experienced and trained staff. other options are available andflwhat negatives or positives are associated with those? Executive Director Brian James added as a reminder that sewer lines follow the lay of the land — running down theAow spots so that sewage flows as naturally as it can. To move out of these low soots means the lines have to be placed much deeper in the ground, which turns into a higher safety'and maintenance issue and involves a greater cost. Staff has recommended a `best choice' route which has previously been presented; however, ultimately, council can redirect staff if thev choose to do so. Mayor Pro -Tem Edwards requested we try to develop more communication between the property owners and the city staff. However, Executive Director Brian James stated that he feels communication has already been adequate; the real issue is simply some of the property owners just don't want this sewer line in their area, nor crossing their property. Note: City Attorney Charles Zech reminded Council that they were beginning to digress into an area of discussion not covered by this particular agenda item. ' 06 -28 -2016 Minutes Page -10 - Mr. James continued addressing more comments and questions from Council. Additionally, City Attorney Charles Zech clarified that this particular resolution does not `authorize' the use of eminent domain; it simply authorizes a filing of suit so the city can get access to the properties in order to perform the survey. If at a later time it is determined as necessary to utilize the power of eminent domain, staff will come back to council to get that authority. In answer to Councilmember Azzoz' question as to how many property owners have already provided their permission to enter their property to do the survey; Ms. Woodlee said 21. owners (out of 26 total) have signed off on a `right of entry' far doing the survey. This does not mean they `agree' with installing the sewer line. Councilmember Fowler stated he would prefer to see a coordinated effort with the state and federal governments before we look at this and especially look at the east of recovery, so he is voting `nay'. Councilmember Azzoz stated he shares Councilmember F'oler's view and he really believes this resolution should not pass, eydo have "other options. It's a 'nay'. The following was,read into NO. 16 -R -48 SOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS IORIZING AN AMENDMENT TO THE EXISTING AGREEMENT WITH THE ANTONIO RIVER AUTHORITY FOR SEWAGE TRANSPORTATION, ►TENT AND DISPOSAL, AND OTHER MATTERS IN CONNECTION Mayor Carpenter recognized Assistant Public Works Director Jimmy Hooks who stated on March 24, 2015" the City of Schertz authorized the City Manager to enter into an interloeal 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 six (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 06 -28 -2016 Minutes Page - 11 - 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. . The cost of the current service is $9.30/base rate and $4 proposed amendment the new cost will be $12.97 /base ra treated. Staff recommends approval. Mayor Carpenter recognized Councilmember Thin Councilmember Fowler to approve Resolution No. 16 -R Mayor Pro -Tem Edwards, Councilmember, ;FOWIer, for and no one voting no. Motion passed.' 14. Ordinance No. 16 -M -18- Consideration and /or action appr Council of the City of Schertz, Texas amending the City f certain other ordinances by amend g the Fee Schedule', related to the sewerage transportation, 'trcattnent and dispos the San Antonio River Authority (SARA). F it cling (D. The following was read into, record: ORDINANCE NO. 16-M-18 oving an Ordinance by the City Schertz Code of Ordinances and and establishing and setting fees al:t` the properties serviced by Wait /J. Hooks /J. Walters) 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) Mayor Carpenter recognized Assistant Public Works Director Jimmy Hooks who stated with Resolution 15- 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 06 -28 -2016 Minutes Page -12 - 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. The fiscal impact is estimated to be a $50 expense for the City due to the delay in effective dates. Staff recommends Council approve ordinance 16 -M -18 on the first reading to set the customer rates equal to those charged by SARA. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Fowler to approve Ordinance No. 16 -M -18 fiat 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, 15. Ordinance No. 16 -T -17 — Consideration and /or action Approving an Assignment and Assumption Agreement among Corridor Hotel Schertz (F) LLC. First Reading (J. Kessel/K. Kinateder) ' The following was read into record: ORDINANCE NO. 16 -T -7 inance authorizing ., and Silverwest-I OF SCHERTZ, TEXAS LGREEMENT AMONG EIERTZ(F) LLC., AND Corridor Hotel has requested td' substantiate the agreement to Silverwest-I Schertz (F) LLC. According to Section l0 of the, Agreement, the Agreement may be assigned with prior City Council approval. The proposed action is to authorize the assignment among Corridor Hotel II, LTD td, Silverwest- Schertz (F) LLC. The agreement has expired so no further fiscal impact would occur to the City. Silverwest -I Schertz (F) will continue to operate the hotel. Staff recommends aproval. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Fowler to approve Ordinance No. 16 -T -17 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. 1.6. 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) 06 -28 -2016 Minutes Page -13 - The following was read into record: 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 Mayor Carpenter recognized Executive Director Brian James who ,stated the owners of the property at 807 Main Street have applied for a grant and went to the Schertz Historical Preservation Committee (SHPC) on June 23, 2016 . for a rec bmmendation 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 imprcements 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. Staff recommends approval. Reconvene into Regular Session Mayor Carpenter reconvened back into open session at 9:35 p.m. 06 -28 -2016 Minutes Page -14 - 1.7a. Take any action based on discussions held in closed session under Agenda Item 17 including possible increase in salary. No action was taken. 18a. Take any action based on discussions held in closed session under Agenda Item 18 including possible increase in salary. Mayor Carpenter recognized Mayor Pro -Tem Edwards Councilmember Thompson to extend the contract for the institute an immediate 4% pay raise in salary. Mayor C clarification, what is the date for the extension? Mayor Pro - 31, 2018 to July 31, 2019.The vote was unanimous wit Councilmembers Fowler, Azzoz, John and Thompson vot Motion passed. Mayor Carpenter congratulated Mr. Kessel. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Breda, Dennis who item 18a. Requests and Announcements 19. • Citizen Kudosv.. • Recognition cif ity tr • 'Ne Denartmental initi moved, seconded by [ nnder John Kessel and stated that for point of Awards stated from July or, Pro -Tem Edwards, and no one voting no. roll call vote for agenda Mayor Carpenter recognized City, Manager John Kessel who stated that Executive Director Dudley Wait has an announcement and will yield some of his time. Mr. Kessel stated that he wanted to say thank you to Council and share with staff that Council was very complimentary of city,,staff and he will talk about those in more detail later, but wanted to pass this along publically. Mayor Carpenter recognized Executive Director Dudley Wait who stated that Friday, our Public Works Street Department noticed a possible problem with a low water crossing across Cibolo Creek at Lower Seguin Road. They were able to get a Structural engineer out there this morning to evaluate it. Due to just old age and water that low water crossing is structurally unstable and is not capable of carrying vehicle loads. At 1:00 p.m. this afternoon the low water crossing on Lower Seguin has been temporarily closed. We hope by the end of the week or the first of next week to be able to have some recommendations on it that can be fixed along with the associated costs. Mr. Wait stated that they are working with the City of Cibolo and they will also be approaching Guadalupe County and Bexar County as well as other entities that have a desire to have that low water crossing in place and see it done correctly. Staff will be providing Council with updates. This information has been placed out 06 -28 -2016 Minutes Page -15 - on social media and the city website notifying citizens that use that area as their daily commute. For the foreseeable future that crossing will be closed. 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. Mayor Carpenter recognized Councilmember Thompson who requested that Council revisit the job description for the City Manager so that they can make itu multi -year contract. Mayor Carpenter stated for clarification it is the City Managers agreement /contract they wish to revisit. Mayor Carpenter stated that he would get with the City Secretary for the appropriate language posting. 21. Announcements by Mayor and C Mayor Carpenter re,gnized Councilmember Fowler who concurred that the Aquatic Facility ceremony today was an,excitin event for everyone. Councilmember Fowler also stated that he attennded the Parks Advisory Board meeting on Monday and out of that meeting one of the thin 's that he 'thou ht was, of, significance was that they were discussing using the SWOT analysis for the members as they %rt`looking at the Parks Master Plan. Mayor Carpenter reconized Councilmember Thompson who stated that the Home Living Showcase was this past weekend at the Schertz Civic Center. Coordinator Jaclyn Ponder and her staff did =a superb job in assisting by arriving early for the event as well as staying late Friday night before the event. All staff members went above and beyond behind the scenes to make the event a_uecess. Mayor Carpenter stated he has a request for the Finance Department to take a look at the current economic conditions based on commentary from the securities firm this evening. Come back and let him and the Council know if this is an opportune time to expand our bonding. Mayor Carpenter stated that he would get with Assistant Finance Director James Walters on this request for information. Adiournment 06 -28 -2016 Minutes Page -16 - Mayor Carpenter adjourned the meeting at 9:43 p.m. Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 06-28-2016 Minutes Page -17 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: July 12, 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). Final Reading To update the sewer fees for customers serviced by the San Antonio River Authority (SARA) and include these fees in the Fee Schedule. 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. City Council approved this on first reading at the meeting of June 28, 2016. 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 final reading to set the customer rates equal to those charged by SARA. 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 Familyl 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. 3 Cpl 1f11• oUl"LlusI WU 10I01 [o7 71011"d 1 City Council Meeting: July 12, 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 IL LTD (Final Reading) C• � 1 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. City Council approved this on first reading at their meeting of June 28, 2016. 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 recommends approval of Ordinance 16 -T -17 on final reading. ATTACHMENT(S) Ordinance 16 -T -1.7 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 11, LTD., AND SILVERWEST-1 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 11, 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 11, 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 28th day of June, 2016. PASSED AND ADOPTED, on Final reading on the 12th day of July, 2016. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) CC 6 -14 -2016 ORDINANCE 07 -T -28 Tax Phase -In Agreement Corridor Hotel 11, Ltd. A -1 ASSIGNMENT AND ASSUMPTION AGREEMENT C' I { Xhibit 11, Tax Phase-In Agreement Con-Iclor Hotel , Ltd. 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 SILVERMTST-I SCHERTZ(F) LLC, a Delaware limited liability company ("Assignee"). 1 164 K4j I %9931141V-1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year stated above by their duty authorized representatives. W oil r� N 914 rAV'r- I OR 1101) U741 0 1 ta 111111 By: Silverwest Manager Fund-I LLC, a Delaware limited liability company, its Manager -.Jif 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. Vr4—'1-14flWA0TEL 11, LTD., a Texas limited partnership By: Corridor Hotel 11, GP, LLC, a Texas limited Liability company, General Partner INS STATE OF 1 ) ss. COUNTY OF EMOM '14' in a Declaration of Signage Easement recorded in Volume 2222, Page Official Public Records of Guadalupe County, Texas. Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: July 12, 2016 Department: Finance Subject: Resolution No. 16 -R -50 - A Resolution by the City Council of the City of Schertz, Texas authorizing a contract for bank depository services between the City of Schertz and Schertz Bank and Trust BACKGROUND Currently Schertz Bank & Trust is the City depository. The existing depository contract was for a three -year term with two one -year renewal options which expired October 2015. The City solicited proposals for bank depository services on May 1.7, 2016 . on wwwopublicpurchase corn with notifications to all vendors registered on Public Purchase. The request for proposals was also published in the Northeast Herald on May 18 and May 25 and in the Daily Commercial Recorder on May 17 and May 24. Proposals were requested to ensure the City is being provided excellent service at a competitive rate with a financial institution that is financially strong. The depository contract is for a term of three -years with two one -year renewal options. The start date for the bank depository contract is September 1, 2016. The deadline for submitting proposals was 11 a.m. CDST on June 16, 2016. Three banks submitted proposals to the City. The three banks are Schertz Bank and Trust, Frost Bank, and Wells Fargo Bank. The proposals were evaluated based on the following criteria: Customer Service, Financial Cost /Benefit, Banking History & Financial Strength, and Performance. The bank depository proposals were reviewed by a selection committee made up of staff members that have regular contact with the depository. Based on the evaluation criteria the selection committee unanimously to recommend Schertz Bank & Trust to continue providing depository services to the City. FISCAL IMPACT The fees associated with this contract are listed in the attached agreement. RECOMMENDATION Staff recommends City Council approve Resolution No. 16 -R -50 awarding the Bank Depository Services contract to Schertz Bank and Trust and to execute the attached agreement in substantially the form set forth. ATTACHMENTS City Council Memorandum Page 2 Schertz Bank Depository Agreement RFP Submittal by Schertz Bank & Trust ATTACHMENT Resolution No. 16 -R -50 RESOLUTION NO. 16 -R -50 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT FOR BANK DEPOSITORY SERVICES BETWEEN THE CITY OF SCHERTZ AND SCHERTZ BANK AND TRUST WHEREAS, the City Council (the "City Council ") of the City of Schertz (the "City ") has determined that it is in the best interest of the City to enter into a Bank Depository Services Contract with Schertz Bank and Trust, Inc.; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby designates the Schertz Bank and Trust for bank depository services for the City. Section 2. The City Council hereby authorizes the City Manager or their designee to execute a contract with Schertz Bank and Trust for bank depository services Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 12t` day of July 2016. CITY OF SCHERTZ, TEXAS Mayor City Secretary (CITY SEAL) Resol 09- R- 04.doc EXHIBIT A See attached Reso109- R- 04.doe A -1 CITY OF SCHERTZ 9 THE STATE OF TEXAS § GUADALUPE COUNTY § This Bank Depository Agreement (this "Agreement ") is dated and effective the 1st day of July, 2016 by and between the CITY OF SCHERTZ, TEXAS (the "City ") and SCHERTZ BANK & TRUST (the "Bank "), a bank chartered by the State of Texas. Recitals WHEREAS, the City desires to enter into a depository contract for the deposit of the City's public funds; and WHEREAS, the Bank has submitted a current statement showing the financial condition of the Bank of even date with the Bank's application to serve as depository; and WHEREAS, the City, after due consideration of all proposals for City depository, has selected the Bank as the applicant offering the most favorable terms and conditions for the handling of the City's funds. NOW, THEREFORE, the City and the Bank agree as follows: Section 1. Designation as Depository The City, through action of its City Council, hereby designates the Bank as its depository for banking services for a three (3) year period commencing September 1, 2016 and extending through January 31, 2019 with two options for one -year extensions, if approved by the City Council. Section 2. Designation of Custodian The City and Bank hereby designate The Frost National Bank (the "Custodian ") to hold in trust, according to the terms and conditions of the City Request for Proposal, dated May 1.7, 2016 (the 'RFP ") and pursuant to a separate Safekeeping Agreement, attached as Exhibit A, all securities pledged as depository collateral in accordance with the City's Investment Policy. Any and all fees from the Custodian associated with the safekeeping of securities pledged to the benefit of the City shall be borne by the Bank. Section 3. Collateral City time and demand deposits, inclusive of interest, in excess of the Federal Deposit Insurance Corporation insurance shall be secured at all times by collateral, acceptable to the City and in accordance with the Public Funds Collateral Act (Texas Government Code 2257, as amended), pledged by the :Bank and held in trust by the Custodian named in Section 2 in an amount equal to at least 102% of the total of those funds. The Custodian will provide a monthly report of the collateral directly to the City. The selection of such pledged securities shall be subject only to the joint written instructions of both (a) authorized representatives of the City and (b) specifically authorized representatives of the Bank, as set forth on Exhibit B. The Bank shall have the right, with the prior written consent of the City, to substitute or replace any or all of the pledged securities with collateral acceptable to the City. Section 4. Financial Position The Bank will provide the City with a statement of its financial position on at least a quarterly basis. The Bank will provide an annual statement audited by its independent auditors including a letter as to its "fair representation." Section 5. Authorized City Representative For the term of this contract, the City and Bank designate the individuals as listed in Exhibit B as authorized to represent and act for the City and the Bank, respectively, in any and all matters including collateral assignment and substitution, and, upon further written authorization by the City with respect to the designated Bank officials, execution of agreements and transfers of funds. Any change in these representatives by either party will be made in writing to the other party. Section 6. Scope of Services The Bank's response to the RFP (the 'Response ") into this Agreement for all purposes. If any provis conflict, this Agreement will control. The City here' is attached as Exhibit C, and is incorporated ins of the Response and this Agreement are in Subject to the service Option selected by the City above, the Bank shall provide or perform those banking services detailed in the Response (the "Services ") at the rates stated. The Bank shall document the charges for the Services on a monthly account analysis submitted by the Bank to the City. The City shall, within ten (10) business days of receipt of a billing accompanied by documentation reasonably required by the City and subject to the review and approval of the Finance Director of the City make provision for payment to the Bank for Services performed in accordance with the fees stipulated in the Response. The Bank shall faithfully perform all of its duties and obligations required by the laws of the State of Texas for public funds depositories and shall upon presentation pay all checks drawn on it against collected funds on demand deposits, and shall, at the expiration of the Agreement, turn over to its successor all funds, City -owned securities, property, and things of value held as depository. The City shall have the power to determine and designate the character and amount of the funds to be deposited in the Bank. The City may arrange for time deposits, and Bank may accept such deposits subject to the terms of the Bank's Response. This Agreement, along with all Exhibits and other incorporated documents shall constitute the entire Agreement between the parties. Section 7. Bank Compensation Subject to the service Option selected by the City in Section 6, the Bank will be compensated for any and all services rendered to City under this Agreement. The Bank agrees to offset monthly service fees against its customary earnings credit for balances in the City's own- interest bearing accounts. Section 8. Default The Bank shall be in default if it fails to pay all or part of a demand deposit, a matured time deposit, or a matured certificate of deposit, including accrued but unpaid interest, at a specified maturity date. The Bank shall also be in default if ruled "bankrupt ", "insolvent ", or "failed" by a federal or state banking regulator, or if a receiver is appointed for the Bank. In the event of a default, failure, or insolvency of the Bank, the City shall be deemed to have vested full title to all securities pledged under this Agreement. The City is empowered to take possession of and transfer and or sell any and all securities. If the security is liquidated, any proceeds in excess of the defaulted amount, plus expenses related to liquidation, shall be returned to the Bank. This power is in addition to other remedies which the City may have under this Agreement or otherwise under law and without prejudice to its rights to maintain any suit in any court for redress of injuries sustained by the City under this Agreement. Section 9. Non - Assignability This Agreement is not assignable in whole or in part but is binding on the parties, their successors and assigns. Section 10. Amendment This Agreement shall remain in full force and effect until the end of its term or until amended, cancelled, or superseded by a new bank depository contract. No provisions of this Agreement shall be deemed waived, amended, or modified by either party unless and until such waiver, amendment, or modification is in writing and signed by the parties to this Agreement. Section 11. Termination This Agreement may be terminated by the City at any time with or without cause by giving thirty (30) days prior written notice to the Bank. Section 12. Notices All notices and correspondence to the City by the Bank or to the Bank by the City 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 the City: City of Schertz Attention: CityManager 1400 Schertz Parkway Schertz, Texas 78154 If to the Bank: Schertz Bank & Trust Attention: Operations Officer 519 Main Street Schertz, Texas 781.54 Section 13. Governing Law All applicable provisions and requirements of the laws of the State of Texas and the FDIC governing depositories for the City shall be apart of this Agreement. Section 1.4. Precedence ofAgreement This Agreement and attached Exhibits A B and C constitute the sole and only agreement between the parties hereto with respect to the subject matter hereof and supersede any prior understanding, written or oral, between the parties respecting the matters herein contained. Section 15. Legal Construction In case any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalid, illegal, or unenforceable provision shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Section 16. Bank Authorization The Bank represents and warrants that this Agreement is made pursuant to and is duly authorized by the Board of Directors of the Bank and recorded in the official records of the Bank. [The remainder of thispage intentionally left blank.] EXECUTED on this the day of 12016. CITY OF SCHERTZ itz Name: John C. Kessel Title: City Manager -Y4:10171 9 21011 By: Name: Title: ATTEST: By: Name: Title: EXHIBIT A Safekeeping Agreement (To be provided by SB &T) EXHIBIT B Authorized Representatives For the term of this Agreement, the City and the Bank designate the individuals listed below as authorized to represent and act for the City and the Bank, respectively, in any and all matters including collateral assignment and substitution, and, upon further written authorization by the City with respect to Bank officials, execution of agreements and transfers of funds. Any changes in these representatives by either party will be made in writing to the other party. C� I ON"INUM John C. Kessel, City Manager Brian James, Executive Director Juan Santoya, Finance Director James Walters, Assistant Finance Director Melvin F. Golla, President Wendy Griffin, Cashier EXHIBIT C RFP Response See attached SB &T Response THE CITY OF SCHERTZ, TEXAS REQUEST FOR PROPOSALS (RFP) for BANK DEPOSITORY SERVICES # 16- FIN- 20 -B -01 May 17, 2016 SSCHHERTZ COMMUNITY* SERVICE* OPPORTUNITY 1400 SCHERTZ PARKWAY SCHERTZ, TEXAS 78154 TABLE OF CONTENTS I. Introduction II. Proposal Qualifications and Submission Instructions III. Overview IV. General Statement of Banking Services Required V. Financial Institution Qualifications VI. Required Services VII. Optional Services VIII. Bank Information IX. Disclosure Of Business Relationships /Affiliations; Conflict Of Interest Questionnaire Attachment A: Schedule of Proposed Fees Attachment B: Historical Earnings Rates Banking Services RFP -2016 2 CITY OF SCHERTZ, TEXAS REQUEST FOR PROPOSAL — DEPOSITORY AND BANKING SERVICES I. INTRODUCTION The City of Schertz (the "City ") is requesting proposals for a three (3) year bank depository services contract with service to begin July 1, 2016 and extend through January 31, 2019 with two options for one -year extensions, if approved by the City Council. Through this contract the City intends to improve customer service, minimize banking costs, improve operational efficiency, and maximize its investment capabilities. This Request for Proposal (RFP), which represents the City's cash management goals, specifies all required qualifications, banking services required, estimated activity volumes on all accounts, method and terms of compensation, submission instructions and contract award provisions. All qualified institutions, as defined below, are invited to submit a proposal. Institutions responding to this Request for Proposal (RFP) must be insured through the Federal Deposit Insurance Corporation (FDIC), and must be able to demonstrate a capacity to meet the City's requirements as stated in the RFP. II. PROPOSAL QUALIFICATIONS AND SUBNIISSION INSTRUCTIONS By submitting a proposal in response to this RFP, depositories will be deemed to agree to the mandatory contract and service provisions contained herein. This RFP and the proposal submitted will be incorporated into and form the basis of the bank depository services contract. 1. Local Presence To assure a close working relationship and to facilitate services, depository institutions headquartered within the geographic boundaries of the City of Schertz, Guadalupe County, Comal County or Bexar County may be given preference. 2. Proposal Format In order to equitably evaluate each bank's ability to meet the banking service needs of the City, a standard format for all proposals is required. A response must be given to each item in Sections V -VII of this RFP along with completion of Attachments A and B. Responses must be in the same order as the questions presented and respond to each question, stating acceptance of, modifications or additions to, or a statement of the inability to provide said service. Only proposals submitted in the prescribed format and Banking Services RFP -2016 3 using the provided Attachments A and B will be considered and evaluated for contract award. Additional explanatory information may be included as part of a proposal. This RFP and the proposal submitted will be incorporated into and form the basis of the bank depository services contract. An electronic copy of this proposal is available upon request. Submission of the Proposal however must be in written form. 3. Schedule for Proposal Submission The City will make every effort to adhere to the following schedule. 5/17/2016 Release of Request for Proposal 6/10/2016 Deadline for questions concerning the RFP or services requested 6/16/2016 Request for Proposal Opening 6/28/2016 City Council award of contract (anticipated) 7/1/2016 Contract commencement 4. Proposal Submission To be eligible for consideration under this request, a total of seven (7) proposals, two (2) originals and five (5) complete copies shall be submitted by 11:00 AM C ST on June 16, 2016 to the address below. Proposals received after that time by the City will not be accepted. The proposal must be submitted in a sealed envelope or packet marked "Proposal for Depository Banking Services ". An accompanying transmittal letter must be signed by an individual authorized to bind the institution, state that the proposal is valid for 120 days from the submission date, and give full contact information regarding the proposal. Proposals must be delivered by mail or in person to: City of Schertz Purchasing & Asset Management 1400 Schertz Parkway Building #2 Schertz, Texas 78154 5. RFP Questions There will be no pre - submittal conference. All requests for additional information or clarification concerning this RFP must be submitted in writing no later than 12:00 PM on June 10, 2016 using the eProcurement site at www.publicpurchase.com. Banking Services RFP — 2016 4 6. Addenda and Modifications Any changes, additions, or clarifications to the RFP are made by amendments (addenda) and will be posted on the Public Purchase website. Any respondent in doubt as to the true meaning of any part of the RFP or other documents may request an interpretation from the Purchasing and Asset Management Department. At the request of the respondent, or in the event the Purchasing and Asset Management Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Asset Management Department. Such addendum will be attached to the original RFP in the Public Purchase file and will become part of the RFP package having the same binding effect as provisions of the original RFP. It shall be the respondent(s) responsibility to ensure that they have received all Addenda in respect to this project. Furthermore, respondents are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their Submittal. Respondent(s) signature on Addenda shall be interpreted as the respondent's recognition and compliance to official changes as outlined by the City of Schertz and as such are made part of the original RFP documents. Failure of any respondent to receive any such addendum or interpretation shall not relieve such Respondent from its terms and requirements. Addendums are available online at wzvw.publicpurchase.com. No verbal explanations or interpretations will be binding. The City does not assume responsibility for the receipt of any addendum sent to respondents. 7. Selection Criteria The following criteria will be used by the City as the weighted basis for evaluation of the proposals and the award recommendation. a. Customer Service: responsiveness and ability to provide services and reports required, experience and authority of bank official responsible for the City account, locations of headquarters and branches to municipal campuses (40 points) b. Financial Benefits /Cost: banking services costs and earnings potential, transition or retention incentives (20 points) c. Bank History & Financial Strength: references, continuity of bank and bank officials, bank rating, audited financial statement, current financial strength (20 points) d. Performance: online banking services for daily operations and end of month reconciliations, compliance with investment policy, and ability to provide required and optional services listed (20 points) The City will consider the availability of services and the cost of those services as well as the earnings potential under the contract. All these elements will be combined for evaluation of the proposals. Banking Services RFP -2016 5 Award may not be made to the institution submitting the lowest price proposal. The City will choose the institution submitting the best, most responsive overall proposal to satisfy the City's needs. 8. City Rights The City reserves the right to: - waive any defect, irregularity, or informality in the proposal or proposal procedures, - reject any and all proposals, - accept any proposal or portion thereof most advantageous to City, - request additional information or require a meeting with bank representatives for clarification, - cancel, revise, and /or reissue this request for proposal or any portions thereof, - negotiate any conditions with proposers, - retain all other provisions even if any provision of the proposal is deemed invalid, - modify deadlines, and - select any proposal deemed to be in its best interest as determined by the City. 9. Proprietary Information All proposals become the property of the City upon receipt. To the extent permitted by law, proposals will be opened in a manner that avoids disclosure of the contents until after award of the contract. Proprietary information contained in the proposal should be designated as such on each page containing the restricted information. 10. Fees and Charges The City reserves the right to utilize either a fee basis or compensating balance basis (or a combination of each) for payment of banking services under the contract. The City reserves the right to change the payment methodology during the contract period upon no less than 30 days written notice to the bank with the change commencing on the first of a calendar month. This will enable the City to take advantage of changing interest rate environments. The City is anticipating the use of interest bearing or money market accounts and a daily sweep of main accounts into a SEC registered money market fund or an indexed internal account proposed by bank. If a compensating balance payment basis with a sweep is used, all the accounts being swept will be swept to the compensating balance. Fees will be presented by account analysis. If a fee basis with a sweep is used, all the accounts being swept will be swept to zero. Within five business days after receipt of the monthly account analysis (and approval of those fees by City) the bank may direct debit the designated account for fees due. A complete monthly account analysis will be required regardless of the payment basis. Bunking Services RFP —2016 All item and account charges will remain at the proposal price quoted on Attachment A for the duration of the contract period regardless of changes in service volumes during the period. Should new services be required during the contract period not contemplated by this RIP, those services will be negotiated and approved by the City's Finance Director. 11. Terms of Contract This is a three (3) year service agreement with two one -year extension options. Fees and service charges included in the successful proposal shall remain in effect for the initial three -year period; however any Federal Reserve service charge increase may be passed through to the City upon 30 -day written notice. Should new services be required during the contract period not contemplated by this RFP, those services will be provided at fees not more than the bank's then - current published rate. Any changes in fees for the two extension periods will be negotiated and must be approved by the City in writing. In no instance will the rate increases in extension periods exceed the Texas CPI increases during the same periods as reported by the Bureau of Labor Statistics. III. OVERVIEW The City's Finance Department handles all banking, treasury, and investment activities as well as accounts payable, receivables, payroll, and financial reporting functions. The Director of Finance is responsible for the department and reports to the City Manager. The City has multiple locations at which funds are collected and from which funds may be deposited. Currently deposits are made by City staff on a daily basis but all transactions are under the direction/control of the Finance Director. The Finance Department handles all reconciliation. The City has approximately 300+ employees, permanent full and part time, and the payroll is paid the bi- weekly. Approximately 91% of City employees are currently paid by direct deposit. The City will be evaluating the use of pay cards for interested employees during the period of the contract. Information for lockbox services also needs to be included in the proposal for the City's consideration. The City wants to utilize automated banking services when efficient and cost effective. This proposal should address automation potential on any services. Banking Services RFP — 2016 7 The City currently has three bank accounts. One bank account is used to serve its various funds. The description and average balances on these accounts are outlined below based on historical rates: Title Avg Mo Balance Description Current Type Account General Operating $7,000,000 Consolidated funds Interest bearing PEG Fund $500,000 PEG Funds Non - Interest Employee Benefits Trust $0 Benefits Trust Non - Interest The City will entertain changing the structure of the account for maximum earnings potential and will examine sweeps and other structures proposed. The bank will be asked to present the most efficient structure to effect the best investment rates and best operating efficiency. The account will receive some limited deposits or transfers but not on a daily basis. Wires and securities transactions and ACH will be tied to this account. Currently no reconciliation services are used. • Approximately $ 4 million in payables is processed monthly with payables runs usually eight times each month (twice weekly). • The City has a $650,000 a month total payroll with 91% as direct deposit (paid bi- weekly). Deposits are prepared by each department /station cashier receiving the money and taken to the bank by City staff warrant officers for an average of one deposit daily typically containing four to ten individual locked bags per day. The bags are from different departments and will be recorded as different deposits. The Finance Department handles all reconciliation on the accounts and only one set of statements will be required. The City currently utilizes a sweep and transfers most excess cash to a local government investment pool. The City needs the access to interest bearing or money market accounts and will decide on the use of the accounts as interest rates and conditions vary. All decisions will be made by the City. Any or all City funds may be maintained and invested by the City outside this contract. The City will be under no obligation to maintain funds in the bank except under a compensating balance situation. The City will not use the depository institution for brokerage services in order to assure complete separation on delivery versus payment delivery requirements. The Finance Director will monitor the bank's performance against provisions of the agreement, including the bank's proposal submitted in the response to this RFP. The Director will also be responsible for administering the agreement with respect to day -to- day activities, including deposits and withdrawals, ACH transactions, maintenance of Banking Services RFP — 2016 8 account balances, daily reporting, etc. A list of City personnel authorized to deal directly with the bank will be provided following award of contract. The bank shall provide the City with a similar list of authorized personnel. IV. GENERAL STATEMENT OF BANKING SERVICES REQUIRED The banking services described in this RFP are directed toward these major goals: • excellent banking service to the city • timely and accurate financial information flow, • 100% utilization of idle funds and continuous investment of City funds, • safety of City funds and securities, • efficient utilization of available banking services, and • minimization of banking costs for the City. Collateral The City requires a depository that is financially strong and able to provide the required services on an uninterrupted basis. City funds are public funds and fall under certain provisions of the Public Funds Collateral Act (Texas Government Code Chapter 2257) which are further restricted by the City as indicated below. Collateral requirements are detailed in Section VI. 11. and acceptance of the collateral conditions will be required in the proposal. Investment Policy Certification As a provider of financial services, the depository will be required to agree to review the City's Investment Policy and certify that reasonable procedures have been established to assure that the conditions set in the Policy are met. V. FINANCIAL INSTITUTION QUALIFICATIONS To be considered, the proposal must include a response to each question in Section V. 1. In order to fulfill the City's fiduciary responsibility to protect public funds, each bank, submitting a proposal shall provide, in response to this item: a. an audited annual financial statement for its most recent fiscal period (the bank will be required to provide annual financial statements throughout the contract period), and EXHIBIT A b. the bank's CRA rating (noting the specific rating agency). FDIC - Satisfactory 2. Describe the bank's philosophy and approach to satisfying the City's banking and customer service requirements. The vision of Schertz Bank & Trust is ambitious in wanting to satisfy all of our customers' financial needs. Our strategy is to provide a level of service that exceeds expectations. Our goal is to continue providing the customer service that has grown our relationship. a. What, if anything, is distinctive about the bank's approach to customer service? Banking Services RFP — 2016 9 Schertz Bank & Trust has been successful in building strong, lasting relationships with our customers. Our team is diverse and will take the extra steps needed to accommodate our customers when possible. b. What is distinctive about the bank's approach to its uses of automation including future automated services? Schertz Bank & Trust is active in seeking automated solutions that will benefit and provide state -of -the -art products and services for our customers. 3. Is the bank offering any transition or retention incentive? Schertz Bank & Trust offers a $1,500.00 credit toward Account Analysis should that option be chosen. 4. List references from at least three of the bank's current, comparable governmental clients. Include the length of time under contract, a client contact, title, and telephone number. EXHIBIT B 5. Provide the bank's most recent HighLine (Thomson Financial), Veribanc or comparable bank rating from an independent bank rating service. If not available, provide the ratings on the bank's senior and subordinate debt. The bank will be responsible for notifying the City within thirty (30) days of any change in this rating, or the rating on its senior or subordinate debt, during the entire contract period. Schertz Bank & Trust does not have any senior or subordinate debt at the Bank or the Holding Company level. 6. Provide a proposed timeline for implementation of the contract including the timeline activities and direct responsibilities of the City and the Bank during implementation. EXHIBIT C 7. Provide a copy of all agreements (including those not directly referenced in this RFP) which will be required to be executed under the contract. Any changes required on the agreements will be agreed upon and made in writing before award of the contract is made by City Council. EXHIBIT D 8. The bank awarded the contract will be required to review the then - current City Investment Policy and certify in writing to that review in accordance with the Public Funds Investment Act certifying that the bank has sufficient controls in place to avoid transactions not authorized by the Policy. Provide agreement to this condition. Schertz Bank & Trust is aware of the Public Funds Investment Act, we accept and acknowledge these conditions. Banking Services RFP — 2016 10 VI. REQUIRED BANKING SERVICES To be considered, the proposal must include a response to each of the questions in Section VI and all associated fees must be detailed on Attachment A. Add any level of detail as necessary for complete disclosure. 1. Consolidated Account Structure with Sweep Mechanism The City is interested in assuring that all funds are earning at the best, then- current interest rates available at all times. The City currently pays for services on a compensating balance basis. The City intends to use an automated, daily sweep to a money market mutual fund (or bank alternative if applicable and competitive) in order to reach its full investment goal and to minimize collateral requirements. Understood An SEC registered government, or enhanced government, money market fund rated AAA by at least one nationally recognized rating service should be used for the sweep. If the bank has a valid alternative to a SEC money market fund which is in compliance with the City's Investment Policy, it may be presented. A repurchase agreement is not acceptable as a sweep investment vehicle. Schertz Bank & Trust has Schertz Financial Services, Ann Box, Financial Advisor who would be able to assist the City of Schertz in recommending a SEC registered Government or enhanced Government Money Market Fund and ratings. EXHIBIT E. The bank shall clearly describe the bank's most cost effective methodology for creating the sweep. Automated distribution of interest to the individual accounts is preferred. A history of net rates for any vehicle proposed is to be provided on Attachment B. • If a fee basis with a sweep is utilized for compensation purposes, all or certain accounts will be swept daily by the bank to a zero balance (or rounded minimums) daily. Others, if not swept, will pay fees or maintain balances. Understood • If a compensating balance with a sweep is utilized for compensation purposes, all accounts will be swept daily by the bank to the target compensating balance. Understood • On a compensating balance basis, any earnings credit/debit shall be carried over for net settlement on a semi - annual basis. Understood a. Fully describe the proposed sweep mechanism focusing on the bank's most cost effective structure. Detail whether the sweep will be from a master account with ZBAs or directly swept from the individual accounts. Detail the cost structure for ZBAs and direct sweep options if applicable. Schertz Bank & Trust has availability to sweep funds to other accounts within Schertz Bank & Trust. This can be executed via a master account or individual account. Sweeps out to a third party can be executed with options, example sweep to zero, or leave a designated balance and sweep remaining. b. If the bank is proposing an alternative to a sweep, such as an indexed interest bearing account, detail and describe fully. Schertz Bank & Trust will offer a Banking Services RFP — 2016 11 Money Market checking for sweep purposes. c. Will the City need to initiate any daily or periodic transactions (via internet, phone or fax) or transfer balances for sweeps, under any condition? If so, describe. Once a sweep is set up there should not be a need for the City to initiate a transaction. If the City is wanting to change a frequency of transaction or discontinue then Bank will need to be notified. d. Describe how sweep activi will be reported on a daily basis on City reports, i.e. will daily activity reports show balance amounts being swept in and out of the accounts? Daily activity reports will show amounts being swept with descriptions. e. Describe where sweep interest earned from the sweep will be accrued and reported (i.e. at the account level or master account level). Is interest applied the last day of the month or the first day of the next month? Interest is recorded at account level. Interest is recorded the last business day of the month. E If an SEC registered money market fund is utilized for the sweep proposal, provide the full name and identifying cusip of the fund along with a copy of the prospectus. (No off -shore sweeps will be permitted.) EXHIBIT E g. Are funds swept at end of day or next day? If next day, how are funds invested and collateralized over - night? At what rate does the delayed investment earn? Funds are swept at the end of the business day and are fully collateralized if transferred within Schertz Bank & Trust. h. State how and when FDIC Assessments will be collected. How are they calculated? FDIC assessment is collected on the monthly account analysis statement. Assessments are calculated by using the Average Ledger Balance divided by 100 times (x) FDIC Rate divided by 365, times (x) the days in the month which equals assessed amount. i. Provide the proposed computation basis for interest bearing and money market accounts if rates are based on a set index or security (such as the 3- month Treasury Bill). Money Market — 90 Day T -Bill Rate Super Now — 90 Day T- Bill Rate minus ( -) 15 basis points. j. Interest earned on interest bearing accounts shall not be charged as an expense on the account analysis. Confirm acceptance of this condition. Schertz Bank & Trust acknowledges and accepts this condition. The City may be required or may desire to open additional accounts, or change account types during the contract period. If this occurs the new accounts and their services shall be charged at the same contracted amount. Unanticipated, new services may be charged at negotiated rates approved by the Finance Director. Understood 2. Automated Cash Management Information The City requires automated cash management information on a cost effective and efficient basis. The City requires timely access to transactions and daily balance reporting to balance internal information and transaction detail. Minimum automated services shall include: • prior day summary and detail balance reporting on all accounts, to include Bunking Services RFP — 2016 12 - detail on all transactions - summary account reporting with prior day closing ledger and collected balances - one -day float information • initiation and monitoring of stop pays, • positive pay reporting and exception transactions, and • initiation and monitoring of internal and wire transfers. a. Fully describe the bank's on -line service capabilities and whether service is to be a direct link or web - based. List the system functions /capabilities (i.e. balance reporting, wires, positive pay, stop pay, etc.). Schertz Bank & Trust Business Online service is a web -based program with the following functions available: • Access to prior day summary and detail balance reporting on all accounts, including transaction detail, summary reports with prior day closing ledger and collected balances, one day float information. • Initiation and monitoring of stop payments. • Positive pay capabilities, with reporting and exception transactions. • Initiation and monitoring of internal and wire transfers. b. Are services for various modules bundled or unbundled? Are individual modules priced separately? Services are bundled, not priced separately. c. Describe back -up provisions and procedures to the automated system. Bank would work with our processor and the City for timely processing of files. d. What is the bank's back -up process to provide balance reporting and transactions in case of system non - availability? Contingency would be to notify the bank who would be able to assist with balance reports until system was available. e. State the City's access and update times for daily information including wires, transfers, etc. Access to Business Online is determined by the City, which includes transfers and initiation of wire transfers, however wire transfers are processed during the bank's normal business hours. f. Submit samples of major screens available. Provide a website (and sign -on information if required) for an on -line review of the system, if available. EXHIBIT F Our website is schertzbank.com. Each authorized user is given credentials (user names, passwords and multifactor authentication). Every user originating ACH transactions will be given a token for logging on. Screen shots samples are attached. EXHIBIT F g. How are individual security sign -ons assigned and who (client or bank) maintains the security module. How many levels of security are available? Individual security is assigned by the client, and the bank maintains the security module. There are two (2) levels of security available; Banking Services RFP — 2016 13 Supervisor, who approves employee transfers, and Employee, who would be able to transfer without a dual approval. h. Specify any City hardware and software requirements for access. This service is web - based; access to the internet is required. i. How many hours has the system been down in the last six months? In the last six months the system has not been down. Updates to the system typically occur late evening or on the weekend. j. Is the system a proprietary system or provided by a third - party? The system is provided by a third - party, Fiserv. 3. Standard Deposit Services Standard commercial deposit services are required for all accounts. Coins are not rolled and may be in partially filled bags. On average the City makes one daily deposit consisting usually of four to ten locked bags by city warrant officers. Deposits are batched with tapes attached. The bank will have to supply the City with enough lock bags for the daily deposits at no cost to the City. Understood The City may have additional deposits depending on special events such as 4t' of July Jubilee, Schertz Fest, etc. Understood The City is currently using remote check deposit services. Understood The City currently accepts credit cards in the Municipal Court, Water, Animal Services, Library, EMS, and Development Services (Visa, MC, AmEx and Discover). There are several other departments that are interested in adding this service. The City expects all deposited checks to clear based on the bank's current published FRB availability schedule, but, any expedited availability options should be noted in the proposal. All cleared deposits received by the bank's established deadline must be processed for same day credit. The bank shall guarantee immediate credit on all incoming wire transfers, US Treasury checks, ACH transactions, on -us items, and U.S. government security maturities and coupon payments. Failure to credit City accounts in a timely fashion will require interest payment reimbursement to the City at the then - current daily Fed Funds rate. Understood a. What is the bank's daily cut -off time to assure same day ledger, and - pending availability - collected credit? Will this vary by. location (lobby, teller, vault)? Deposits made by 5:00 p.m. Monday thru Thursday and by 6:00 p.m. on Friday at any Schertz Bank & Trust location will have same day credit. Deposits made by remote capture by 5:00 p.m. Monday thru Friday will have same day credit. Banking Services RFP — 2016 14 b. Describe how and when credit /debit advices are sent to the City? Is this in electronic or paper form? Advices are normally sent via mail, however if requested notices can be scanned and entailed via secure mail to responsible City personnel. c. The City requires traditional lock bags and replacements supplied by the bank at no cost. Understood d. Are dual verification security measures used on receipt of deposits? (Teller and vault processing.) Dual control is used for deposits placed into the night depository, deposits carried into the bank are under dual control by the teller and City personnel delivering the deposits. e. State the bank's Availability Policy if it differs from the published Availability Schedule. Does not differ. f. Does the bank offer expedited availability? If so, describe. Schertz Bank & Trust follows the regulated Regulation CC Expedited Funds Availability. g. Are any deposits or credits delayed for any reason? Next day availability is normally given on deposits, ACH debits /credits are available same day. Delayed deposits could occur if a deposit error is not resolved same day, or within processing a digit is read incorrectly causing the item to non post. h. If provisional credit is given on vault or teller deposits before verification, when does verification occur? Verification occurs at the time the deposit is made unless other instructions are given by the City. i. Include a list of all the bank's deposit locations and alternatives. Main Office: 519 Main Street, Schertz, Texas 78154 IH35 Branch 16852 IH35 North, Schertz, Texas 78154 Kirby Branch 5020 FM 78, Kirby, Texas 78219 Seguin Branch 203 HWY 123 Bypass North, Seguin, Texas 78155 San Marcos Branch 1917 Dutton Drive, Suite 205, San Marcos, Texas 78666 NSF Checks Received by City Under the contract, NSF checks paid to the City are to be automatically re- deposited for collection. Complete information must be provided on all NSF returned items including name and reason for return. The City wants the option of the second presentment to be made by ACH to targeted dates for maximum collection potential. EXHIBIT G a. Describe the bank's current NSF process. Schertz Bank & Trust uses checXchange for the processing of NSF checks (chargeback's). Returned checks are sent to checXchange for collection via ACH at designated dates for optimal collection. b. Are checks automatically re- deposited? Upon request When? Same day received as a return How many times? Once (initial presentment and one time as a re- deposited item) c. How and when is the City notified of return items? Notices are mailed or emailed same day return is received. Is notification made electronically or by paper? Notification can be by email or paper. Banking Services RFP —2016 15 d. Is the bank capable of processing the second presentment as an ACH with a targeted presentment date? Yes Describe in full. Schertz Bank & Trust uses checXchange for this service. e. Is the bank currently using ACH for collection of NSF checks? How long has the bank been providing this service? Provide two comparable references with contact information. Schertz Bank & Trust has been using checXchange for collection purposes for nine (9) years. htti):H,AAv-vv.checxchan eg com/ f. How are the NSF and the later ACH matched/reconciled? Does the bank system cross reference the two transactions in any way? The City would be able to access the checXchange online monitoring system for those items that are reconciled (collected) and those items still outstanding. g. Is the NSF information, image, or occurrence available on -line? Via checXchange website When and how? Daily via website. How long is it available online? Reports are downloadable (in excel) and available for three months. 4. Standard Disbursing Services Standard disbursing services for all accounts are required to include the payment of all City checks without charge upon presentation. The City's current account structure is described above in the Financial Overview Section. a. Does the bank image all checks? Yes b. Are check images available on -line? Yes When are they available to the City? Images are available after the nightly update c. How long are check images maintained on -line? Checks are available for eighteen (18) months. The City currently utilizes positive pay services and will require it for all accounts /checks under the proposed contract. Understood Payroll is paid bi- weekly and averages $ 650,000 a month. The City utilizes direct deposit for payroll for 91% employees and intends to examine the use of a pay card system (see Optional Services Section). The City also intends to move toward more vendor payments by ACH. Vendor Payments can be processed via Business Online. 5. Positive Pay To safeguard against fraudulent checks, positive pay is required on all City accounts. The City currently utilizes positive pay services and will require it for all accounts /checks under the proposed contract. The positive pay process should be fully automated and web based. Check register information will be transmitted. Check information will be transmitted electronically to the bank on each check run and as manual checks are created. The City requires positive pay services with complete indemnification for fraudulent checks. The City intends that positive pay will be used in combination with partial or full reconciliation services. (Be sure to identify the cost on Attachment A with and without reconciliation.) Banking Services RFP -2016 16 a. Describe the data transmission/transfer requirements and alternatives for computer generated check runs. The City would import their positive pay file into the bank's system processing any exceptions to the file (if necessary). b. Describe the input process and requirements for individual, manual checks written. Is input online? Show sample screens. If not on -line, how is information on individual manual checks transmitted to the bank? Positive Pay is an online process. Files are created by the client and imported. Screen shots attached. EXHIBIT H c. How can check records be changed or deleted by the City, if necessary? The City is able to void items by importing a file. d. How is the City to be notified of a positive pay exception? Notifications are sent via email. e. At what time is exception information reported to the City? What is the response deadline (what time) for City exception elections? Exception information is reported to the City on the next business day. Exceptions should be resolved the same day received. f. Do you require any paper transactions on positive pay notification or exception decisions? No g. Are all checks, including those received by the tellers and vault, verified against the positive pay file before processing? Yes How often is teller information updated? D a i 1 y If not verified, what is the process, liability, and security on OTC transactions? h. What options are available on default disposition for exceptions (return, pay, other)? Return, Pay, Item Stop and Void 6. Account Reconciliation The City anticipates use of partial reconciliation services on the General Operating account in concert with positive pay, dependent upon cost effectiveness. a. Describe the partial and full reconciliation processes. Reports are produced within Business Online for reconciliation purposes. Automatic reconciliation is based on information provided in the issued file from the City. b. How much flexibility is there for bank systems to interface with existing in- house systems? Schertz Bank & Trust utilizes the Transaction Authorization System (TAS) though our core processor for Positive Pay. What record formats is required? Templates can be in note pad, and excel files are saved as tab delimited or comma delimited depending on how the template is established. How is reconciled data sent to the City? Reports are available daily via Business Online When? Daily c. Specify all reporting alternatives. Are reports available online? Yes How long are reports maintained online? Eighteen (18) months d. Provide a sample copy of reports. EXHIBT I Banking Services RFP -2016 17 7. Funds Transfer and Wire Services The City currently has an average of one to three outgoing /incoming wires each month along with minimum internal transfers. Incoming wire transfers must receive immediate same day collected credit. Wire initiation should be available online. The City requires that wires be released the same business day if information is provided by the established deadline. The City will require compensation for delays caused by bank errors at that day's Fed Funds rate. The minimum incoming wire information required is: • payer bank and account number • City account number credited • Dollar amount • Reference (Fed wire number) • Time and date received a. Describe the process of online wire initiation. Provide a sample of the input screen for online initiation. What back -up process is available for the on -line process? Wire transfer initiation is available through Business Online and is completed by the bank. Back -up process for input would be to fax or email wire for processing to the bank. b. Does the bank provide online wire monitoring? Yes c. Is any paper transaction required for transfers or wires? ACH origination contract, user authorization forms and a wire call back authorization forms are needed user authorization verification. (one time) d. How and when will the bank notify the City of incoming wires? Online? Account is marked up at time of receipt E- mail? Upon request e. Include a description of security provisions for wire initiation including security levels for initiation and release. Persons initiating wire transfers will be required to log in with an assigned token. Security levels are determined by the client. £ Is dual authorization required? How are security levels and assignments made? Dual authorization is not required. Security levels and assignments are determined by the client. g. Is future dating available for both repetitive and non - repetitive wires and transfers? Yes How far in advance? Wires five (5) business days, Transfers relies on effective date that is input by the City. h. State wire access times, posting times, and cut -off times. Incoming wires will post during normal business hours 8:00 a.m. to 5:00 p.m. and the cutoff time for outgoing wires is 3:00 p.m. i. State the bank's policy on the use of ledger balances for outgoing wires in anticipation of daily security activity or incoming wires. Wire transfers are processed on available balances. Incoming wires are posted when received by the bank. 8. Optical Imaging The City requires and is currently receiving optical images on CD on all accounts. No physical checks are to be returned. a. Is optical imaging currently available for checks? On- line? On CD? Schertz Banking Services RFP — 2016 18 Bank & Trust offers eStatements, imaged statements, and imaged items on CDs. b. What items and reports are available on -line (checks, statements, deposit slips, deposited items, etc.)? Checks, statements, and deposit slips are available online. Checks deposited through remote deposit are available for forty five (45) days. c. What items are captured on the monthly CD? Images of checks d. When is the monthly CD available? With the first week of the month. Monthly CD is available within five (5) business days of the end of the statement cycle. e. How long are check images retained online? Eighteen (18) months Does the bank provide optional extended availability? No. Images can be saved or downloaded for archive. f. When and how long are statements and account analyses available on -line? Statements are available for eighteen months (18), Account Analysis is not available online. g. Describe any City software or hardware requirements. Standard PC requirements and internet access is all that is needed. 9. ACH Services The City expects to continue moving toward more ACH transactions for vendor transactions. ACH is currently used for payrolls and periodic transfers. ACH transactions are processed primarily for payroll and investment transfers (to pools). The City requires a pre - notification on all new addresses. a. Describe the batch transmission requirements for ACH transactions. State data transfer alternatives, if any. All ACH files are required to be in NACHA format. b. Describe the transmission alternatives for individual ACH transactions. Is the City able to initiate individual ACH transactions on line? The City will be able to upload files to pass through and also enter transactions manually. c. What filters and blocks are available on City accounts for ACH transactions? Filters are available EXHIBIT J. The ability to Hold transactions are also available. d. Are ACH addenda shown in their entirety on -line and on reports? Yes e. State the availability policy for debit and credit ACH transactions. Is the account debited when the transaction is initiated or on settlement? Accounts are debited on settlement or "effective date" £ What is the bank's policy on pre- notes? Is the pre -note charged as a standard ACH transaction? Pre -notes are not required, however encouraged. ACH transactions are not charged per transaction. g. Are there any specific ACH reports available on paper or screens on -line? If so, please describe. Reports are created for every ACH file processed. Reports are available on -line and the bank will provide paper reports if requested. h. What is the deadline for transmission (hour and day) for a payroll to credit employee accounts on a Friday? ACH files should be transmitted no later Banking Services RFP —2016 19 than three (3) business days prior to the effective date. If payroll is Friday, the ACH files should be processed by 5:00 p.m. on Wednesday. 10. Investments and Safekeeping Services The bank will be required to provide a book -entry safekeeping services for securities owned by the City. All City investments will be made by the City, or its investment adviser, and instructions for clearing and safekeeping will be transmitted on a trade ticket to the bank in writing. The bank will not be used for brokerage services. Understood Custody must be in the bank and not a brokerage subsidiary of the bank. All securities must be cleared on a delivery versus payment (DVP) basis and ownership documented by original clearing confirmations and safe - keeping receipts provided within one business day of the transaction. Funds for investments will be drawn from a designated City DDA account. All P &I payments, coupon payments, and maturities must receive automated same day collected credit on the City designated account without requiring any additional City action. Understood If the bank is not a member of the Federal Reserve and utilizes a correspondent bank for safekeeping of City securities, the transactions will be handled through the depository bank's systems and shall not require additional interaction by the City with the correspondent bank. No delay in transactions, wires, or flow of funds will be acceptable under a correspondent relationship. Understood The City anticipates an average of between 7 -10 securities in FRB and/or DTC safekeeping at any one time all from third party transactions. All fees for clearing and safekeeping must be stipulated on Attachment A. a. Is the bank a member of the Federal Reserve and DTC? If not, name the correspondent bank to be used for clearing and safekeeping. Describe any safekeeping arrangement proposed with a correspondent bank including processing requirements by the City. No delays or additional transactions are acceptable. Schertz Bank & Trust is a member of the Federal Reserve however utilizes a correspondent (Frost Bank) for safekeeping services. b. Are security transactions available on -line for either origination or monitoring? Describe. Yes, if transactions are being held at Frost Bank online accessibility can be set up. c. What is the deadline for settlement instructions on a cash (same day) settlement? Is there any charge incurred for late instructions? Settlement is by 2:00 p.m.; late instructions are deferred to the following business day. The City may choose to purchase time deposits from the bank but all time deposits will be competitively bid at the time of purchase. 11. Collateral Requirements Authorized collateral, as defined below, must be pledged against the total time and demand deposits net of FDIC insurance with a 102% margin on the collateral maintained at all times by the bank. All the requirements, including those beyond the Public Funds Collateral Act, must be met by the bank. Failure to meet these requirements may be cause for termination of the contract. Banking Services RFP — 2016 20 The proposal must state agreement to the following terms and conditions. • All collateral pledged to the City must be held in an independent, third parry bank outside the bank's holding company. Agreed • A tri -party safekeeping agreement shall be executed between the City, the depository, and the safekeeping bank for custody of pledged securities in full compliance with FIRREA requiring a bank resolution. (Or completion of Circular 7 if the Federal Reserve is acting as custodian.) Agreed • All time and demand deposits above FDIC coverage shall be collateralized at a minimum of 102% of principal plus accrued interest at all times. Agreed • The bank shall be contractually liable for the continuous monitoring and maintaining of collateral at the City's required margin levels. Agreed • Pledged collateral shall be evidenced by original safekeeping receipts /report sent directly to the City by the custodian within one business day of receipt. Agreed ■ The City shall receive a monthly report of collateral pledged including description, par, market value and cusip. Schertz Bank & Trust would use a Federal Home Loan Bank (FHLB) Letter of Credit for partial or whole collateralization of deposits. Collateralization by securities pledged would render a monthly statement to the City. • Substitution rights shall be granted if the bank obtains the City's prior approval and if substituting securities are received before previously pledged securities are removed from safekeeping. Agreed • Authorized collateral includes only: • Obligations of the US Treasury ■ Obligations of US Government agencies and instrumentalities including mortgage backed securities which pass the bank test. • Bonds of any State or its subdivisions if rated A or better by at least one nationally recognized rating agency. a. Describe bank's acceptance of the collateral conditions, any charges for collateral and how is the charge applied? Schertz. Bank & Trust acknowledges and accepts the conditions for collateral. Charges are not applied for safekeeping/collateral. b. Provide the bank's collateral agreement for review. EXHIBIT K 12. Account Analysis Monthly account analysis reports must be provided for each account and on a consolidated account basis. Within five business days of receipt of the monthly account analysis (and subsequent approval of the fees by City) the bank may direct debit the designated account for fees due if compensation is being calculated on a fee basis. Understood A complete account analysis will be required monthly regardless of the payment basis. a. Provide a sample account analysis including calculation bases. (There must be one consolidated statement as well as individual accounts.) EXHIBIT L b. When is the analysis available each month: on -line and paper? Account Analysis is available via paper, within the first five (5) business days of the following month. Is the account analysis available online? Not at this time Is it imaged on the CD -Rom monthly? Not at this time. Banking Services RFP — 2016 21 c. Are paper statement also sent to the City if provided online? Not at the time. However if requested account analysis can be faxed or emailed. Schertz Bank & Trust offers the below in lieu of Account Analysis fees: If the City maintains a combined average collected balance (checking and certificates of deposit) of $500,000.00, then there will be no monthly Account Analysis fee charged to the account, however there may be vendors' costs, i.e.: Merchant Card Services, etc. 13. Monthly Statements The bank must provide monthly account statements on all accounts with complete supporting documentation. All accounts must be on a calendar monthly cycle and statements received on a timely basis. Timeliness of statements is critical and non- performance will be grounds for termination of contract. At a minimum, the following information will be required on monthly statements: • detail on all debit and credit transactions by account, • detail on all cleared checks, • full wire and ACH trailer information, • detail on all deposits, • all balances, and • copies of all transactions performed by bank personnel. For the security of the customer only partial wire information is reflected on the account statement. a. Provide a sample monthly statement. EXHIBIT M b. When are monthly statements available each month: online and paper form? Is the monthly statement available online? If so, when and how long? Are the statements on the monthly imaged CD -Rom? Statements are available at month -end via on -line, eStatements, and in paper form. Statements are not included on the CD -ROM only images c. Are paper statements also sent to the City if available online? If requested. 14. Account Executive To insure smooth contract implementation and continuation of services, a specific Senior Executive V.P. and a back -up representative must be assigned to the City account with the authority to coordinate services and expedite the solution of any problem encountered. The Senior Executive V.P. should be available to meet with City staff on banking matters as needed and at a minimum semi - annually. a. Provide the name, title and location of the proposed Senior Executive V.P. Mark Sunderman, President — Main Office 519 Main St. Schertz, TX 78154 b. Provide the name, title and location of the backup representative. Wendy Griffin, Cashier /Chief Operating Officer — 519 Main St. Schertz, TX 78154 Banking Services RFP -2016 22 15. Overdrafts Every effort will be made to eliminate intra -day and inter -day overdrafts. However, because this situation may arise, state the bank's policy regarding account and total account overdraft policy and detail rates and fees, if any, to be charged on a per event or per account basis. a. Are all accounts aggregated for overdraft calculation purposes or do accounts stand- alone? Each account stands alone b. State the fee charged per overdraft occurrence. $30.00 per item c. State the rate basis for intra -day and inter -day overdrafts. 14% 16. Stop Payments The City rarely has stop pays. However, an automated stop pay process is desired. a. What are the options available for stop pays? Stop Payments are accepted via letter facsimile, in person and Business Online. For extended stop payments, the City would need to reinitiate the stop payment after the original six month period. What are the options for extended stop pay periods? Stop Payments will need to be reinitiated after their six month expiration. b. How is a stop pay extended? The City can renew the stop payment every six months through Business Online, facsimile, or in person. c. What is the deadline for same day action on stop pays? One hour after bank opens (10:00 a.m.) d. Can stop pay orders be initiated on -line? Yes Is there any paper follow -up document required? No e. Provide the stop pay authorization levels and notification requirements. Stop Payment authorization levels are determined by the account agreement; notification can be by letter, facsimile, in person or via Business Online. £ What information on current and expiring stop pays is available on -line? Date, check number, amount, payee, reason, and comments. 17. Company Banking The City is interested in giving its employees the opportunity for enhanced banking services. a. Does the bank have a banking services program available for City employees? Yes b. List services provided under this program with applicable discounts or fees to the City or employee. Schertz Bank & Trust will offer City employees a Basic Checking Account with no monthly service charge as long as a direct deposit and eStatements are enrolled in. c. Is availability of the program based on use of direct deposit or City employment? Both d. The City will require payment of all City checks without charge upon presentation. Agreed. Normal account opening procedures will be followed. Banking Services RFP -2016 23 VII. OPTIONAL SERVICES To be considered the proposal must include a response to this section VII and all fees associated with the service must be shown on Attachment A. If the service is not available respond as such. The City continues to investigate new services for inclusion under its depository services contract. These services are not currently required but will be evaluated in terms of availability, feasibility, service levels, services provided and charges for potential current, or future, use under the contract. The City will make its determination on the service's use. If the service is initiated later in the contract period the services and charges stipulated in this proposal will be applied. If the bank currently does not offer the service but is planning to make it available during the initial contract period, it should so stipulate on with the anticipated date of activation. 1. Merchant Card Services. The City accepts credit/debit card payments by telephone, in person, and by website. The use has been expanded to utility payments, service charges, and other entry /use fees. The City is working toward implementing this for all fees and charges. The City is interested in obtaining a competitive price proposal for this service. The service should include daily capture, transmission and authorization of payments at point - of -sale. Reporting would be required by location. These payments are processed as part of the City's deposits currently. Based on September 2015 data an estimated annual volume has been calculated for the City's bankcard merchant relationship. One Merchant Account exists for Water /Sewer, Court, EMS, Animal Services, the Library, and Development Services. The Account takes MasterCard, VISA, Discover, and American Express. The activity is summarized below: Totals by Card Type (Annual Estimates) Total Sales Avg Tkt Visa/MC $ 3,500,000 $ 168 Debit $ 340,000 $ 106 AmExpress $ 200,000 $ 130 Discover $ 20,000 $ 148 a. Does the bank currently offer merchant card processing services? Y e s How long has this service been available? Merchant card processing services have been available from Schertz Bank & Trust since the 1980's, Priority Payment Systems has provided merchant card processing services since 2015. b. How many institutions and end customers do you have? How many have you lost in the past year? Priority Payment Systems is one of the fastest growing payments companies in the United States. With a Nilson rating that's consistently climbing, we are currently ranked the 18th- largest Merchant Acquirer in the U.S. We have proven ourselves to be a leader in the payments space and currently provide processing solutions to 123 financial institutions and 156,000+ merchants with $30 billion in Banking Services RFP — 2016 24 processed volume and over 383 million transactions. Our merchant attrition rate is well below the industry annual average of 22 %. c. Is the program proprietary or is a third party used? The Merchant card processing program offered by Schertz Bank uses Priority Payment Systems South in Universal City TX for local sales and services support, Priority Payment Systems to provide certain technology and online reporting solutions and First Data or TSYS Acquiring Solutions to handle certain authorization, settlement, and chargeback/retrieval case management processing activities. d. Describe the fee components of a merchant bankcard processing relationship. Provide a list of all the fees to the City on Attachment A. Schertz Bank and Priority Payment Systems base our fees for providing Merchant card processing and related services on a "cost plus" model. We simply pass through to you all Interchange, Assessments and related processing or Program fees from each Card Association (i.e. Visa, MasterCard, Discover and American Express) plus a modest processing fee for the services we provide. Please refer to Attachment A for a complete list of the fee components to be included in the processing agreement contemplated as well as any additional optional services you may choose to entitle. e. State the association fees, discount rates, and the bank's fee per transaction. Please refer to Attachment A for a complete list of the fee components to be included in the processing agreement contemplated as well as any additional optional services you may choose to entitle. f. Is there any special handling charge, or fee, required for credit card credits within the City's standard deposit? Gross Sales g. Does the bank have software available for implementation which allows on- line payments to the City through the bank's portal? Priority Payment Systems offer MX MerchantTM, a payments ecosystem that comes standard with every Merchant account and includes a virtual terminal enabling merchants to process credit card, cash and /or check in one fast transaction. h. Describe the reporting functions and data availability. We provide comprehensive transaction and financial reports via MX MerchantTM to give merchants a clearer understanding of their business. Our base reporting suite includes: • Payments — provides card, cash and check/ACH transactions, where applicable, with ability to drill down to display advanced data including custom fields, payment history, related payments and loss prevention statuses • Batches — shows Summary with option to drill down to display Detail • Deposits — includes deposits and withdrawals • Settlement - displays each settlement by payment method along with a payment count and total Banking Services RFP — 2016 25 • Chargebacks - provides a list of chargebacks. Each chargeback is listed by date and includes the last four of the card, chargeback reason, payment date, and amount. • Billing/Merchant Statements — can access PDF versions of the current and past monthly statements based on menu selection • Additional reports are available based on optional services selected and entitled MX Merchant TM allows access to current and previous period reporting data for up to two (2) years. Merchants can choose the time period to include in the report selected from options of Today, Yesterday, This Week, This Month, Last 7 Days, Last 30 days, or Custom, which allows entry of a specified start and end date for the report inquiry. System defaults to show Last 30 days, unless otherwise selected by the merchant. i. Detail billing options. Processing and other fees related to merchant card processing activity can either be assessed daily, or accrued and later deducted at month -end. Merchant can choose to have fees (and chargebacks or other adjustments) deducted from their settlement account or from a separate operating /escrow account. Merchant may also choose to have such items deducted from settlement funds (i.e. net settlement) or posted as individual adjustments within their designated account. j. Describe the authorization method /process used. How are incorrect authorizations reversed? Priority Payment Systems typical supports authorization via Dial, IP or Wireless connectivity to our front -end network, but can also enable frame relay or leased lined connectivity for larger installments where volume requires greater throughput. Incorrect authorizations are reversed by voiding the transaction in cases where it has not yet been submitted for settlement, or by issuing a credit transaction if the transaction has already settled. k. Describe your debit card processing capabilities. Do you identify between debit and credit cards on BIN number? Can you program a debit card to the lowest cost network? Priority offers the option to process debit cards as either offline (signature- based) or online (PIN -based transactions, based on the merchant's preferred point -of -sale configuration. Our applications and back -end settlement systems do distinguish between debit and credit cards based on BIN number, and are programmed to route debit transactions to the lowest cost network, if submitted as an online (PIN - based transaction). Otherwise, signature -based transactions will qualify for the best available Interchange rate based on bank of issuance (Regulated vs. Non - Regulated), card entry method (swiped vs. keyed), timeliness of settlement, and other factors as determined by the merchant's classification code and Card Brand operating regulations. 1. Describe your transmission process. Describe the monitoring and notification process if transmissions fail. Priority Payment Systems uses an active /active architecture which enables immediate fail over (system level or entire site) in the event of a service interruption or data center /network/private cloud disaster. This provides full (100 %) redundancy and either data center can fully support all critical Banking Services RFP — 2016 26 operations indefinitely with no degradation of service. Customers are notified via email or status portal any time an event creates an availability impact. Our Technical Operations Center (TOC) is manned 24/7/365 with backup alerting to additional on -call personnel. m. Is data imaging available on line? What is available online? When? For how long? Priority Payment Systems does not presently offer a signature capture /online data imaging solution that would allow card present merchants to scan and upload images of a card swiped transaction receipt. As an alternative, our MX MerchantTM portal does retain transactional data for a period of two (2) years and offers the opportunity to create and print a formatted receipt on demand. n. Describe the dispute resolution process. As we receive notice of cardholder disputes from Card Issuing banks, which may include ticket retrieval requests or chargebacks, we notify the merchant via fax or mail, provide a detailed description of the dispute reason with any supporting documentation received, outline the specific information or documents the merchant would need to provide in rebuttal to the dispute, a deadline for doing so, and a point -of- contact to call, fax or email with any questions or concerns. We use a rules- based, expert case management system to audit both transaction history and operating regulations, and automatically represent chargebacks in situations where credit adjustments were already made, or the information /documentation presented in support of the chargeback is technically insufficient to support the case. We also offer the Dispute Manager system, a comprehensive, easy -to -use, web -based solution that allows merchants to receive, review, research, and respond online in real -time to any chargebacks and retrieval cases received. Dispute Manager allows 24/7 access so merchants can see their total dispute inventory, respond to one or multiple cases, and attach supporting documents, including notes and images, at their convenience all in one efficient workflow. o. Describe your security measures for internet transactions and unauthorized use. Our MX MerchantTM payments ecosystem, and other internet payment- acceptance solutions we support, allow merchants to utilize Address Verification Service (AVS) and perform Card Security Code (CVV2, CVC, CID) validation checks to authenticate cards in an internet or card not present processing environment. Network and security events are monitored in real -time at the Priority Integrated Operations Center by staff specializing in systems and data protection. p. List and price any processor specific hardware needed by the City on Attachment A. In most cases, Priority Payment Systems' solutions can use the hardware that may have already been purchased by the City, and simply reprogram it to add our processing applications. In the event of hardware incompatibility, our representatives will work with yours to identify and implement the most cost - effective solution available to support the specific location's processing needs. Banking Services RFP — 2016 27 2. Remote Deposit The City is interested in continuing remote check deposit for a few high volume locations during the contract period. These deposits include both consumer and commercial checks. h. What are the bank's current capabilities in remote check deposit? Describe how checks are processed and cleared. Describe any limitations (check type, amount, etc.). Schertz Bank & Trust offers Remote Deposit Capture (RDC) whereby items are scanned and sent for processing. Limitations are: Foreign items and redeposit of chargeback's (return checks) will need to be brought to the bank for deposit due to the nature of the item. i. What are the initiation and cut -times for entry? 7:00 a.m. to 5:00 p.m. j. When are ACH credits applied? How and when is the City credited? RDC deposits are marked up to the account at the time of deposit (scan) and credited within nightly processing. k. Does the bank have this service currently available? Yes Give two comparable references with contact information. The City of Kirby is comparable to the City of Schertz volume you can contact Tina Yfante or Tracy Miller at 210 - 661 -3198. 1. How much staff time does this process require? Staff time is determinant on number of deposits and volume. Is processing possible upon receipt or does it require later batching? Deposits are marked up to the account as each batch is completed. Is batching required? No Is a daily balancing report produced? Yes Provide a sample. EXHIBIT O m. Describe any check guarantee plan. If a check is declined, how is notification made and to whom? RDC does not verify checks against the City's customer's bank. If a check is accepted and subsequently returned by the bank, what obligations does the City have? R e d e p o s i t, s e n d check back to City for collection or have checXchange collect the item for the City.The bank? Bank charges the item back to the City in which the City can redeposit or have checXchange collect. How will collection be made? City has option of checXchange or independent provider. n. Are there any batch, or daily, limitations on the number of checks? No o. What scanner equipment is required to operate the system? Is this equipment available through the bank on a lease basis? Please list the equipment required along with its cost(s). Panini scanners are currently used, cost is $740 per scanner, however the bank provides the scanners to the City. p. What reports are provided for this service or simply reported as daily detail? Detail reports are available within the RDC program . Are the transactions reported on -line? Yes When? At the time of deposit (scasn) Provide a sample of any specific report. EXHIBIT P 3. Lock Box Services The City does not currently utilize lock box services, but is requesting information for possible use in the future. Schertz Bank & Trust does have the capability of offering lock box service via a third party. Banking Services RFP — 2016 28 4. Purchasing Cards The City wishes to continue a purchasing card program during the contract period. Cards would be assigned to City employees for defined use. Schertz Bank & Trust offers a Business Debit Card as a purchasing card. EXHIBIT Q a. What card platforms do the bank support (MC, Visa)? Is a third party processor used? Schertz Bank & Trust supports MasterCard Business Debit Cards via our processor Fiserv. Also available is Schertz Bank & Trust credit cards via Texas Independent Bankers Bank (TIB). b. What, if any, information is available on -line? If using the Business Debit Card, debit transactions would immediately show marked up on the account. When? After transaction is complete. Describe data download and integration capabilities. Describe reporting capabilities With the Business Debit Card the merchant that submitted the transaction would be listed. c. Does the bank have on -line transaction review? Yes Account allocation? Yes d. What client support is available? Fisery supplies the bank with the online capability to view transaction times and locations and card used. How is it provided? online e. Describe the diverse parameters and restrictions available for the card control. How many access levels are available? The City decides on the limits for each card and can request a card to be closed at any time. The City would have control over which employees are issued a card, what account is attached, and the daily ATM withdrawal or POS limit for each employee. f. Discuss settlement and corporate liability terms. Include information on bank support for the program, the bank's experience, settlement terms on payment, security procedures, and license requirements. How will billing be received? The City would have full liability for any unauthorized transactions performed. g. Describe how cards are issued, deleted or replaced. Upon City request. How are lost/stolen cards handled? Upon reporting a loss of a card or unauthorized activity, the debit card would be hot - carded. At the City's request, another card bearing a different MasterCard number would be issued. h. Describe any unique features that should be considered. Each card wuld have the name of the employee embossed on the card along with a second name line that would read City of Schertz. i. Provide three comparable references for the service. Debit cards are currently being used by the City. As an option the city may choose to apply for a credit card with our issuing Texas Independent Bank (TIB) for purchasing purposes. EXHIBIT R Banking Services RFP -2016 29 VIII. BANK INFORMATION The City will take into account the quality of customer services, all costs and efficiencies as part of the evaluation of each proposal. It is critical that the Attachments A and B be completed in their entirety. Attachment A must be provided for the detailing of all anticipated fees. If the Attachment does not detail line item fees required for a particular service the fee type and level should be added and identified by the applicable APT code, if possible. Bundled fees should be clearly delineated especially regarding on -line services to assure accurate evaluation. IX. DISCLOSURE OF BUSINESS RELATIONSHIPS /AFFILIATIONS; CONFLICT OF INTEREST QUESTIONNAIRE Pursuant to House Bill 1295 passed by the 84th Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council must be accompanied by a completed, executed, and notarized Certificate of Interested Parties, Form 1295. Form 1295 must be completed in accordance with TEC Rules (https://www.ethics.state.tx.us/rules/adopted Nov 2015.htm1#Ch46) and Section 2252.908 of the Texas Government Code, as amended (http:/ /www statutes leis state tx. us/ Docs /GV/htm/GV.2252.htm42252.908). IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. EXHIBIT S Banking Services RFP — 2016 �� • • • a Annual Financial Report December 31, 2015 and 2014 Schertz Bancshares Corporation Table of Contents Independent Accountant's Compilation Report Balance Sheets Statements ofIncome Statements of Comprehensive Income Statements of Changes |nStockholders' Equity EM In 5 =S&c... Independent Accountant's Compilation Report To the Board of Directors and Stockholders ScheMz Bancshares Corporation Schertz, Texas Management b responsible for the accompanying financial statements ofSchertz Bancshares Corporation (the "Cnmpany"), which comprise the balance sheets asof' December 31~2O15 and 2014, and the related statements of income, comprehensive income, and changes in stockholders' equity, in accordance with accounting principles generally accepted in the United States of America. We have performed compilation engagements in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA, VVe did not audit or review the financial statements nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management, Accordingly, we do not express an opinion, a conclusion, nor provide any form of assurance on these financial statements. Management has elected to omit substantially all the disclosures and the statements of cash flows ordinarily included in financial statements prepared in accordance with accounting principles generally accepted in the United States of America, If the omitted disclosures and the statements of cash flows were included in the financial statements, they might influence the user's conclusions about the Company's assets, liabilities, equity, revenue, and expenses. Accordingly, the financial statements are not designed for those who are not informed about such matters, These financial statements do not include consolidation of the Company's majority-owned subsidiary, Schertz Bank & Trust. The financial statements have been prepared reporting the majority-owned subsidiary under the equity method of accounting. Additionally, management has elected to omit substantially all of the disclosures and the statements of cash flows required by accounting principles generally accepted in the United States of America. If the omitted consolidation, disclosures, and the statements of cash flows were included in the financial statements, they might influence the user's conclusions about the Company's financial position, results ofoperations, and cash flows. Accordingly, these financial statements are not designed for those who are not informed about such matters. (�` ~� �` , | ,|_`7] ''--U~-� ) ~' ''---`' ~~~~'~ ) ~- -- ' ^ San Antonio, Texas January 19, 2016 ouaTw 811 BARTON SPRINGS ROAD, SUITE 550 AUSTIN, TEXAS rmn s12*76mo HOUSTON SAN ANTONIO 1980 POST OAK BOULEVARD, SUITE 1100 100m�LOOP 410, SUITE 1100 HOUSTON, TEXAS rr05o 713s358630 SAN ANTONIO, TEXAS 78216 TOLL FREE: mmnm4966 mea* PADGETT-CPA.COM Schertz Bancshares Corporation Balance Sheets December 31, 2015 and 2014 Voting capital stock— no par value; 1,000,000 shares authorized; 45,200 shares issued; 42,600 shares outstanding 238,656 $ 238,656 Nonvoting capital stock — no par value; 9,000,000 shares authorized; 406,800 shares issued; 383,400 shares outstanding - - Surplus 1,846,300 1,846,300 Retained earnings 26,338,724 23,902,844 Less cost of 2,600 shares held as treasury stock (576,962) (576,962) Accumulated other comprehensive loss (173,998) (20,010) Total stockholders' equity 27,672,720 $ 25,390,828 See independent accountant's compilation report. Page 2 Schertz Bancshares Corporation Statements of Income Years Ended December 31, 2015 and 2014 2015 2014 Income: Dividends from subsidiary $ 298,200 $ 212,000 Undistributed income from subsidiary 2,443,592 1,926,615 Total income 2,741,792 2,138,615 Expenses: Accounting fees 1,570 - Director fees 10,115 4,759 Total expenses 11,685 4,759 Income before federal income tax benefit 2,730,107 2,133,856 Income tax benefit 3,973 — 1,618 Net income $ 2,734,080 2,135,474 See independent accountant's compilation report. Page 3 Schertz Bancshares Corporation Statements of Comprehensive Income Years Ended December 31, 2015 and 2014 201 Net income $ 2,734,080 $ Other items of comprehensive income /|oos\: Adjustment for net gain oosale of investment securities - 100,000 Unrealized holding gain ()oss) on securities available for sale 994,541 Total other items of comprehensive income /|ood (233,315) 1,094,541 Comprehensive income before income tax benefit (expenue) 2,500,765 3,230,015 Income tax benefit ( related to other items nf comprehensive income: Adjustment for net gain onsale of investment securities - (34,000) Unrealized holding gain /|osdnn securities available for sale 79,327 (338,144) Total tax benefit (expense) 79,327 (372,144) Comprehensive income after income tax benefit (expense) $ 2,580,092 $ 2,857,871 See independent accountant's compilation report. Page 4 t' i i 00 O 00 N Ql h M N Ln h —1 I h N V} W CO 00 C1 a Q) m m Lr) h -i ew V} N Q) Ln L4 N N n 00 M lD N vi- ,n N a: h 't O t` 00 O O � O Ln h O 0) N 00 ' O dl a' O M cl C N N Lr) O N O e¢ 00 O M M O N 0) M a) F h ci N i, re) n N N N V E Lr N v v N �t a N Ln a) -i Vt O a C O CU m v O m -0 d a E L Q) -a O a L E Q) .N 1 1 41 I I I O _0 a) u a) > = u O -o L a) a) u Qa E a) v N r O x N o s a O x S O L E C ;(�0 @ E bA. c -o — u a O u E u � O O O a) u O U }' O>. C a aJ O. u 0 Q .O CM },. N C m C 6 C. 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W a) ai ro v _ c �U C O o m z O u m z z 0 u m L O v L 4 O 4 O r� Ln O � O U U Q C Q) Q) Q Qj -a z N u7 NOV REFERENCE PAGE With the approval nf the municipality, please be advised that SoheMz Bank & Trust is privileged tohave the following as clients: Bchertz Ciho|o Universal City Independent School District Peggy ]askinia, Director Business &Finance 210-945-6237 Client since 2001 City ofKirby TlnaYfante Finance Director 210-661-3198 Client since 199O City mfCibolo Anna Miranda, Finance Director 210~658-9900 Client since 2OUO m (3) (1) (1) a) E E E zzZ E > 0 > 0 (D tl�N�Ct.t2c:tammcm CL z 0 0 > 0 CL E EL m E cmL z E o- n E 00 m 0 a r- C: 'M w m D w m uo m m C: Z m m E 0 CL m c u c u u m cc cu co m co m co (D (3) 75 m Q) > LLJ 2 CL _0 M -0 M -0 CO bD =s co m X m 0 C: >, i2 3ju bD Q) 0 E (V (u -0 -0 u cu In E Q) F a - a) 0 C -r- M 0-0 0- U M CO m _0 m _0 Q) E E Q) m o 'o - > -0 qz- Q) C Q) S V) Q) 0) u m C� E ul u �L- .- 0 I , Q) M W 0 (V Ln C 2 t Q) -0 -0 M 3: C- m m 0- >� =5 0 0 0 ui m M 1-- -0 0 0 0 ui m z Q) In Q) 'A 0 c 0 0 0 V) m r- u 0 E 0 m E r- 0 Q) E z F- U Q) uj m ui -i IL ui Ln 0) Q) Q) m E u u u u u u V) Q) Q) m cu m Q) ui 0 0 a) c Q) F Q) m I Q) Q) I (U u S m a) 0 u z -0 Ln _0 Q) 0 0- 0 Q) E m E Q) Q) -0 0 U C: Q) 0 2 'F, E 0 w c 0 > Q) E o o .2 -0 0 co -0 m ,2 " >, V) 2 %) w -0 U w C: Q) 2 m m 0 b, " m 0 E CCLL -o Q) M u -0 m L4 m 0 E 0 Q) CL u > Q) Q) m a) 5 > _0 > Q) 0 �5 0 :3 0 U u _0 W < U = -0 -0 Q) @ E w U I-- — =3 CO a) CL a 0- 0) Q) =5 :3 U U c Q'I a u >- = 0) M u Q) U U0 :3 .2 =$ 12 a) -0 CL 0 cu c m < -a) u o E CL V) 2 < > < E M 0 CL 4� =3 :3 V) 0. D 0 u u m u a) M > -0 2— 0 m Ln Q) .> DL m 0 tw > Q) LL t2 u M w CL c Q) S: u :3 C: .,4 m :3 co m _0 u CL 0 :3 co E 4) Q) u (1) u I ME COMPANY INFORMATION AND STATEMENT Company: Hereafter referred to as "Company" Tax Payer ID: Approved Exposure Limit(s): Schedule [F] Approved SEC Code(s): This Agreement is made this day of 20_, by and between the Company_ and Schertz Bank & Trust (hereafter referred to as "Financial Institution"). A. Company wishes to initiate [credit] [debit] [credit and debit] Entries pursuant to the terms of this Agreement and the NACM Operating Rules and Guidelines (the Rules), and Financial Institution is willing to act as an Originating Depository Financial Institution (ODFI) with respect to such Entries. The Company may only initiate transactions as provided in Section 33. B. Unless otherwise defined herein, capitalized terms shall have the meanings provided in the Rules. The term "Entries" shall have the meaning provided in the Rules and shall also mean the data received from the Company hereunder from which the Financial Institution prepares Entries. C. The Financial Institution's Board of Directors has identified the following SEC Codes shall never be processed as they do not adhere to the Board's Directive. The Company may, at no time, process the following SEC Code(s): WEB, TEL and 1AT entries. AGREEMENT 1. NACHA Operating Rules and Guidelines (the Rules). The Company has access to a copy of the Rules, acknowledges receipt of a copy, or may purchase a copy if they so desire. The Company agrees to comply with and be bound by the Rules. In the event the Company violates any of the applicable Rules and NAC14A imposes a fine on the Financial Institution because of the Company's violation, the Financial Institution may charge the fine to the Company. The Financial Institution agrees to inform the Company of revisions to the Rules of which the Financial Institution has knowledge. 2. U.S. Law. It shall be the responsibility of the Company to ensure the origination of ACH transactions complies with U.S. law. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. 0 2012 EPCOR Page 1 4. Security Procedures. kA The Company and the Financial Institution shall comply with the security requirements described in the attached Schedule [A] with respect to Entries transniitted by the Company to the Financial Institution. The Company acknowledges that the purpose nfsuch security procedures iotoverify authenticity and not to detect ao error in the transmission or content of an Entry. No security procedures have been agreed upon between the Financial Institution and the Company for the detection of any such error. (b) The Company is strictly responsible for establishing and maintaining commercially reasonable security measuremto safeguard against unauthorized transmissions and network infections. The Company warrants that such measures will include, but not ho limited to, security technology (e.g. secure web-servers) that provides a minimum level of security equivalent to 128-bitF<C4 encryption technology for the entry and transmission of Entries over the Internet, and network «eonitvtomateguardunoouutjofbzozutioumldococOofrVcnunuuth0rizedpxdica. Additionally, The Company warrants that zm individual *i|l,be allowed h] initiate transfers iuthe absence ofproper supervision and safeguards, and agrees totake reasonable steps to maintain the confidentiality of security procedures and any passwords, codes, security devices and related instructions provided by the Financial Institution in connection with the security procedures detailed in Schedule [A]. If the Company suspects that any such information or instructions are accessed 6v unauthorized persons, the Company will notify the Financial Institution immediately. The occurrence of unauthorized access will not affect any transfers made in good faith by Financial Institution prior to receipt of notification and within a reasonable time period to prevent unauthorized transfers. 5. Processing, Transmittal and Settlement by Financial Institution. (a) Except as provided in Section 4,the Financial Institution shall Q process Entries received from the Company tV conform with the file qreuifioa{innsset forth in the Rules, (i0 transmit such Entries as ou()[}F|10 Federal llnacrvo Abe ''/\C}[ ()oore1or"\, and (iii) settle Entries as provided in the Rules. (b) The Financial Institution shall transmit such Entries tothe ACH Operator b« the deadline set forth in the attached Schedule 0l two business days prior to the Effective Entry Date shown in such Entries, provided Qsuch Entries are received bv the Financial Institution's related cut-off tbne set t6rU\ioattached Schedule [G] onn business day, (ii) the Effective Entry Date iautleast 2 days after such business day, and (iii) the ACH Operator is open for business on such business day, o.g,excluding Federal Holidays. For purposes of this Agreement, Entries shoIlbodcerncd received by the Financial Institution, in the case of hand-delivered files, when received by the Financial Institution at the location set f6ith in Schedule [A], and in the case of electronic file transmission, when the transmission is completed as provided in Schedule LAl. bjD any ofthe requirements of clause 6l(ii)m6@o[ Section 5(b)are not met, the Financial Institution shall use reasonable efforts ho transmit such Entries to the ACU| Operator hv the next deposit deadline on which the ACH Operator ia open for business. 6 On- Us Entries. Except as provided in Section 7, in the case of an Entry received for credit mdebit to an account maintained with the Financial Institution (an "On-Us Entry"), the Financial Institution shall credit or debit the Receiver's account in the amount of such Entry on the Effective Entry Date contained in such Entry, provided the requirements set forth in Section 5(b) are met. If either of those requirements is not met, the Financial Institution shall use reasonable efforts to credit or debit the Receiver's account on the next business day following such Effective Entry Date. Rejection of Entries. The Financial Institution shall reject any Entry which does not comply with the requirements of Section 33 or Section 4, or which contains an Effective Entry Date more than 2 days after the business day such Entry is received by the Financial Institution. The Financial Institution shall have the right to reject an On-Us Entry for any reason for which an Entry may be returned under the Rules. The Financial Institution shall have the right to reject any Entry if the Company has failed to comply with its account balance obligations under Section 13. The Financial Institution shall notify the Company by phone, electronic transmission, or in writing of such rejection no later than the business day such Entry would otherwise have been transmitted by the Financial Institution to the ACH Operator, or in the case of an On-Us Entry, its Effective Entry Date. The Financial Institution shall have no liability to the Company by reason of the rejection of any such Entry or the fact that such notice is not given at an earlier time than that provided for herein. In the event that any Entries are rejected by the ACH Operator for any reason, it shall be the responsibility of the Company to remake such Entries. Should the file be rejected due to an error caused by the Financial Institution, the Financial Institution shall be responsible for remaking the file. In such a case, the Company will supply sufficient information, as required in Section 24, to allow the Financial Institution to recreate the entries for up to five (5) business days after midnight of the settlement date. 8. Cancellation or Amendment by Company. The Company shall have no right to the cancellation or amendment of any Entry after its receipt by the Financial Institution. However, the Financial Institution shall use reasonable efforts to act on a request by the Company for cancellation of an Entry prior to transmitting it to the ACH Operator, or in the case of an On-Us Entry, prior to crediting or debiting a Receiver's account. The Company shall reimburse the Financial Institution for any expenses, losses, or damages the Financial Institution may incur in effecting or attempting to effect the cancellation or amendment of an Entry. 9. Notice of Returned Entries. The Financial Institution shall notify the Company by phone, fax or electronic transmission of the receipt of a returned Entry from the ACH Operator no later than one business day after the business day of such receipt. 10. Notifications of Change. The Financial Institution shall notify Company of all Notifications of Change received by the Financial Institution related to Entries transmitted by the Company by mail, fax or electronic transmission no later than two (2) banking days after receipt thereof. The Company shall ensure that changes requested by Notifications of Change are made within six (6) banking days of the Company's receipt of the information or prior to initiating another Entry to the Receiver's account, whichever is later. 11. Reinitiation of Entries. The Company may not reinitiate Entries except as prescribed by the Rules. 12. Payment by Company for Entries; Payment by ODFI for Entries. (a) The Company shall pay the Financial Institution the amount of each credit Entry (including On- Us Entries) transmitted by the Financial Institution pursuant to this Agreement at such time on 0 201 2 EPCOR Page 3 e. the Settlement Date with respect to date of transmittal by Financial Institution of such credit Entry as the Financial Institution, at its discretion, may determine. (b) The Company shall pay the Financial Institution the amount of each debit Entry returned by a Receiving Depository Financial Institution pursuant to this Agreement. (c) The Financial Institution shall p ay the Company the amount of each debit Entry (including On- Us Entries) transmitted by the Financial Institution pursuant to this Agreement at such time on the Settlement Date with respect to date of transmittal by Financial Institution of such debit Entry as the Financial Institution, at its discretion, may determine. (d) The Financial Institution shall promptly pay the Company the amount of each credit Entry returned by a Receiving Depository Financial Institution pursuant to this Agreement. 13. The Account. The Financial Institution may, without prior notice or demand, obtain payment of any amount due and payable to it under the Agreement by debiting the account(s) of the Company identified in the attached Schedule [C], and shall credit the account for any arnount received by the Financial Institution by reason of the return of an Entry transmitted by the Financial Institution for which the Financial Institution has previously received payment from the Company. Such credit shall be made as of the day of such receipt by the Financial Institution. The Company shall at all times maintain a balance of available funds in the account sufficient to cover its payment obligations under this Agreement. In the event there are not sufficient available funds in the account to cover the Company's obligations under this Agreement, the Company agrees that the Financial Institution may debit any account maintained by the Company with the Financial Institution or any affiliate of the Financial Institution or that the Financial Institution may set off against any amount it owes to the Company, in order to obtain payment of the Company's obligations under this Agreement. Upon request of the Financial Institution, the Company agrees to promptly provide to the Financial Institution information pertaining to the Company's -financial condition, The Financial Institution reserves the right to pull a credit report at any time to evaluate the Company's ongoing financial condition. 14. Account Reconciliation and Per Statement. The periodic statement issued by the Financial Institution for the Company's account will reflect Entries credited and debited to the Company's account. The Company agrees to notify the Financial Institution promptly of any discrepancy between the Company's records and the information shown on any such periodic statement. If the Company fails to notify the Financial Institution within 30 days of receipt of a periodic statement, the Company agrees that the Financial Institution shall not be liable for any other losses resulting from the Company's failure to give such notice, including any loss of interest or any interest equivalent with respect to an Entry shown on such periodic statement. If the Company fails to notify the Financial Institution within 60 days of receipt of a periodic statement, the Company shall be precluded from asserting such discrepancy against the Financial Institution. 15. Conipany Representations and Agreements; Indemnity. The Company agrees that (a) each person shown as the Receiver on an Entry received by the Financial Institution from the Company has authorized the initiation of such Entry and the crediting of its account in the amount and on the Effective Entry Date shown on such Entry, (b) such authorization is operative at the time of transmittal or crediting by the Financial Institution as provided herein, (c) Entries transmitted to the 0 2012 EPCOR Page 4 Financial Institution }mthe Company are limited to those types of Entries set forth bothis (d) the Company shall perform its obligations under this Agreement in accordance with all applicable laws and regulations, and (e) the Company shall be bound by and comply with the Rules uaineffect from time to time, including without limitation the provision thereof making payment o[an Entry by the Receiving Depository Financial Institution to the Receiver provisional until receipt by the Receiving Depository Financial Institution of final settlement for such Entry; and specifically ackriowledges that if such settlement is not received, the Receiving Depository Financial Institution shall be entitled to a refund from the Receiver of the amount credited and the Company shall not be deemed iohave paid the Receiver. The Company shall indemnify the Financial Institution against any loss liability or expense (including attorneys' fees and expenses) resulting from any breach of any Vf the foregoing agreements. l0. Financial Institution on Liahility Indemnity. (a) The Financial Institution shall bc responsible only for performing the services expressly provided for bo this Agreement, and shall bo liable only for its negligence iuperk)uoiogdhnmcnorvicou` The Financial Institution shall not be responsible for the Company's acts oz omissions (including without limitation to the amount, accuracy, timeliness of transmittal or due authorization of any Entry received from the Company) or those of any other person, including without limitation to any Federal Reserve Bank or transmission or communications facility, any Receiver or Receiving Depository Financial Institution (including without limitation to the return of an Entry by such Receiver or Receiving Depository Financial Institutions), and no such person shall be deemed the Financial Institution's agent. The Company agrees to indemnify the Financial Institution against any loss, liability or expense (including uttomeys/ fens and expenses) resulting from any claim of any person that the Financial Institution iB responsible for, any act of omission hmthe Company ur any other person described io this Section. (b) The Financial Institution shall only bc liable for the Company's actual damages due toclaims arising solely from the Financial Institution's obligations to the Company with respect to Entries transmitted pursuant to this Agreement. In no event shall the Financial Institution be liable for any consequential, special, punitive or indirect loss or damage that the Company may incur or suffer in connection with this Agreement, including losses or damage from subsequent wrongful dishonor resulting from the Financial Institution's acts or omissions pursuant tn this Agreement. (c) The Financial Institution shall le excused from failing 10 act ordelay in acting if such failure or delay is caused 6*legal constraint, interruption of transmission, or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond the Financial Institution's control. lo addition, the Financial Institution shall be excused from failing k7 transmit ordelay in transmitting an Entry if such transmittal would result inFinancial Institution's having exceeded any limitation upon its inba-day net funds position established pursuant to Federal Reserve guidelines or if the Financial Institution reasonably believes dwould violate any provision of any risk control program of the Federal Reserve or any rule or regulation of any other iT.S. governmental regulatory authority. (d) The Financial Institution's liability for loss ofinterest resulting from its error m delay shall bo calculated by using o rate equal to the average Federal Funds Rate at the Federal Reserve Bonk for the period involved. At the Financial Institution's option, payment of such interest may be made bv crediting the Account. muu/zupcon pages 17. Compliance with Security Procedures. (a) If an Entry (or a request for cancellation or amendment of an Entry) received by the Financial Institution purports to have been transmitted or authorized by the Company, it will be deemed effective as the Company's Entry (or request) and the Company shall be obligated to pay the Financial Institution the amount of such Entry (or request) even though the Entry (or request) was not authorized by the Company, whether or not the Financial Institution acted in compliance with the security procedure referenced in Schedule [A]. If signature comparison is to be used as a part of that security procedure, the Financial Institution shall be deemed to have complied with that part of such procedure if it compares the signature accompanying a file of Entries (or request) with the signature of an Authorized Representative of the Company and, on the basis of such comparison, believes the signature to be that of such Authorized Representative. 18. Inconsistency of aine and Account Number. The Company aclmowledges and agrees that, if an Entry describes the Receiver inconsistently by name and account number, payment of the Entry transmitted to the Receiving Depository Financial Institution might be made by the Receiving Depository Financial Institution (or by the Financial Institution in the case of an On-Us Entry) on the basis of the account number even if it identifies a person different from the named Receiver, and that the Company's obligation to pay the amount of the Entry to the Financial Institution is not excused in such circumstances. 19, Payment for Services. The Company shall pay the Financial Institution the charges for the services provided for herein set forth in the fee schedule (subject to change), The Financial Institution shall provide the Company written notification of changes in fees and services 30 calendar days prior to such changes going into effect. Such charges do not include, and the Company shall be responsible for payment of, any sales, use, excise, value-added, utility or other similar taxes relating to the services provided for herein, and any fees or charges provided for in this Agreement between the Financial Institution and the Company with respect to the Account. 20. Amendments. From time to time the Financial Institution may amend any of the terms and conditions contained in this Agreement, including without limitation, any cut-off time, any business day, and any part of the Schedules attached hereto. Such amendments shall become effective upon receipt of notice by the Company or such later date as may be stated in the Financial Institution's notice to the Company. 21. Notices and Instructions. (a) Except as otherwise expressly provided herein, the Financial Institution shall not be required to act upon any notice or instruction received from the Company or any other person, or to provide any notice or advice to the Company or any other person with respect to any matter. (b) The Financial Institution shall be entitled to rely on any written notice or other written communication believed by it in good faith to be genuine and to have been signed by an Authorized Representative, and any such communication shall be deemed to have been signed by such person. The names and signatures of Authorized Representatives are set f6ith in Schedule [E] attached hereto. The Company may add or delete any Authorized Representative by written notice to the Financial Institution signed by at least two Authorized Representatives other than that being added or deleted. Such notice shall be effective on the first business day following the day of the Financial Institution's receipt. 0 2012 EPCOR Page 6 (c) Except as otherwise expressly provided herein, any written Agreement shall be delivered, or sent to the following unless another address is substituted by notice delivered or sent as provided herein. Except as otherwise expressly provided herein, any such notice shall be deemed given when received: Attention: Address: City,, State, Zip: And, if to Company, addressed to: Attention: Address; City, State, Zip: 22. Data Retention. The Company shall retain data on file adequate to permit remaking of Entries for 30 days following the date of their transmittal by the Financial Institution as provided here, and shall provide such data to the Financial Institution upon its request. 23. Third Parties. The Company shall enter into contract with and assume full liability for any action made by any Third -Party Processor used by the Company at its discretion to initiate Entries on its behalf. The Company will notify the Financial Institution of the use of any Third - Party. 24. Reversing Entries, The Company shall notify the Receiver that a reversing Entry has been transmitted to the Receiver's account no later than the Settlement Date of the reversing Entry. This notification may be made by the Company's method of choice (fax, telephone, etc.). 25. Audit. The Financial Institution has the right to audit the Company's compliance with the Rules, U.S. law, and Financial Institution policies. 26. Termination. The Financial Institution reserves the right to suspend or terminate this Agreement for breach of any of the Rules or other violation of this Agreement in a manner that permits the Financial Institution to comply with the Rules. Termination is effective immediately upon written notice of such termination to the Company. Any termination of this Agreement shall not affect any of the Financial Institution's rights or the Company's obligations with respect to Entries transmitted prior to such termination, or the payment obligations of the Company with respect to services performed by the Financial Institution prior to termination. The Company may terminate this Agreement with 10 day(s) notice. Such termination shall be effective on the 10th business day following the day of the Financial Institution's receipt of written notice of such termination or such later date as is specified in that notice. 0 2012 EPCOR Page 7 27. Cooperation in Loss Recovery Efforts. In the event of any damages for which the Financial Institution or the Company may be liable to each other or to any third -party pursuant to the services provided under this Agreement, the Financial Institution and the Company will undertake reasonable efforts to cooperate with each other, as permitted by applicable law, in performing loss recovery efforts and in connection with any actions that the relevant party may be obligated to defend or elects to pursue against any third-party. 28. Entire Agreement. This Agreement, including the Schedules attached hereto, together with the Account Agreement, is the complete and exclusive statement of the Agreement between the Financial Institution and the Company with respect to the subject matter hereof and supersedes any prior Agreement(s) between the Financial Institution and Company with respect to such subject matter. In the event of any inconsistency between the terms of this Agreement and the Account Agreement, the terms of this Agreement shall govern. In the event performance of the services provided herein would result in a violation of any present or future statute, regulation or government policy to which the Financial Institution is subject to, and which governs or affects the transactions contemplated by this Agreement, then this Agreement shall be deemed amended to the extent necessary to comply with such statute, regulation or policy, and the Financial Institution shall incur no liability to the Company as a result of such violation or amendment. 29. Non-Assigninent. The Company may not assign this Agreement or any of the rights or duties hereunder to any person without the Financial Institution's prior written consent. 30. Waiver. The Financial Institution may waive enforcement of any provisions of this Agreement. Any such waiver shall not affect the Financial Institution's rights with respect to any other transaction or modification of the terns of this Agreement. 31. Binding Agreement,- Benefit. This Agreement shall be binding upon and to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. This Agreement is not for the benefit of any other person, and no other person shall have any right against the Financial Institution or the Company hereunder, 32. Severability. In the event that any provision of this Agreement shall be determined to be invalid, illegal or unenforceable to any extent, the remainder of this Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law. 0 2012 EPCOR Page 8 I.N WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized officers. Company Financial Institution Signed By Signed By Printed /Typed Name Printed /Typed Name Title Title Date Date ©2012 EPCOR Page 9 ,0. q x ,add ❑ Change ❑ Delete Legal Business Name: Legal Tax ID #: Legal Business Address: City: State: ZIP: Mailing Address: City: I St I ZIP: Legai t -ivian Haaress: Legai i eiepnone: uegai rax: Nature of Legal Business: ❑ Retail ❑ Restaurant ❑ Lodging _ Municipality ❑ Internet % ❑ MOTO Order ❑ Business to Business (No Consumer Sales) % Business Location: ❑ Shopping Center ❑ Office Building ❑ Industrial Building ❑ Residence Ownership: ❑ Owns ❑ Rents — Provide Landlord Name, Address and Telephone: Description of Products or Services Sold and Annual Gross Sales /Revenues for Last Fiscal Year: Management Company Legal Website Address:- Legal Seasonal Sales (Yes or No and Describe): No Date Established: Ownership (Month /Year): Number of Employees: Annual Gross Sales /Revenues for Last Fiscal Year: I Number of Locations: Type of Ownership: ❑ Sole Proprietor ❑ General Partnership ❑ Limited Partnership ❑ Limited Liability Company ❑ Corporation ❑ S- Corporation ❑ Professional Corporation ❑ Other: Refund Policy: ❑ No Refund ❑ Refund in 30 Days or Less ❑ Merchandise Exchange ❑ Other: DBA Name: DBA Tax ID #: DBA Address: City: State: ZIP: DBA E -Mail Address: DBA Telephone: DBA Fax: Mailing Address: City: Stater ZIP: Nature of DBA Business: ❑ Retail ❑ Restaurant ❑ Lodging ❑ Service ❑ Internet % ❑ MOTO Order ❑ Business to Business (No Consumer Sales) Business Location: ❑ Shopping Center ❑ Office Building ❑ Industrial Building ❑ Residence Ownership: ❑ Owns ❑ Rents Provide Landlord Name, Address and Telephone: Description of Products or Services Sold and Annual Gross Sales /Revenues for Last Fiscal Year DBA Website- Address: DBA Seasonal Sales (Yes or No and Describe): Date Established: I Ownership (Month /Year): F Number of Employees: Type of Ownership: ❑ Sole Proprietor ❑ General Partnership ❑ Limited Partnership ❑ Limited Liability Company ❑ Corporation ❑ S- Corporation ❑ Professional Corporation ❑ Other: ❑ No Refund ❑ Refund in 30 Days or Less ❑ Merchandise Exchange ❑ Other: Page 1 of 18 UWe ("Applicant") consent to Schertz Bank & Trust ("Bank") obtaining one or more consumer credit reports on me from time to time in connection with this Remote Deposit Services Application. Bank may also investigate my background, income, credit or credit worthiness, assets or other matters as it deems reasonabiv necessary or appropriate. BY SIGNING BELOW, IME ("APPLICANT") CERTIFY THAT ALL INFORMATION PROVIDED ON AND WITH THIS FORM OR HEREAFTER FURNISHED BY US OR ON OUR BEHALF IS TRUE, CORRECT AND COMPLETE AND THAT INVE ARE AUTHORIZED TO EXECUTE THIS FORM ON BEHALF OF THE APPLICANT. Applicant(s) are aware that any knowing or willful false statements for purposes of influencing the actions of Schertz Bank & Trust ( "Bank") can be a violation of federal law 18 U.S.C. sec. 1014 and may result in a fine or imprisonment or both. You are authorized to make all inquires you deem necessary to verify the accuracy of this statement either directly or through any agency employed by the Bank for that purpose. Applicant authorizes the Bank to obtain credit reports, and agrees to provide any additional information that the Bank may require to process this application. Applicant also authorizes the Bank to obtain copies of its tax returns and information from the Internal Revenue Service and other taxing authorities, and agrees to execute whatever forms the Bank requests to obtain such information. Required Signatures: Sole Proprietorship - Owner (if married, you may apply for a separate account). Partnership - All general partners. Limited Liability Company - All member(s) or manager(s), Corporation - The persons named in the corporate resolution. Authorized Signature Printed Name Title Date Authorized Signature Printed Name Authorized Signature Printed Name Authorized Signature Name Title Date I itle Date Title Date Corporate Certification (Corporate Applicants Only): I certify that I am Secretary of the Applicant and the signatures and title set forth above are the genuine signatures and titles of persons indicated. Secretary Signature Printed Name Page 2 of 18 Date � i.. i A. Introduction This Remote Deposit Services Agreement ( "Agreement ") governs the use of Schertz Bank & Trust's Remote Deposit Services ( "Service "). The Service allows you to operate an image scanner device specified by the Bank to scan paper checks to create an image cash letter file to send to Bank through the System. This Agreement establishes the terms and conditions for electronic access to the remote deposit capture system ( "System "). When you use any of the Service(s) described in this Agreement, you agree to the terms and conditions of this Agreement. For purposes of this Agreement; the words "we," 'bur," "us," "Bank" and other similar terms mean Schertz Bank & Trust. "You," Your," "User," "Customer," "Company" and other similar terms refer to the account holder named below and anyone else authorized by that account holder to exercise control over account holder's deposits through the Service. "Account" or "accounts" means your accounts at the Bank. B. Other Agreements The terms and conditions of the deposit agreements and disclosures for each of your Bank accounts, in addition to your other agreements with the Bank such as loans, continue to apply notwithstanding anything to the contrary in this Agreement. C. Using Remote Deposit Service To use the System, you must have at least one checking account at the Bank that has been opened for at least ninety (90) days; acquire the computer hardware and software required to access the System, World Wide Web access via a secure Internet Service Provider (ISP), an Internet browser that supports a minimum 128 bit encryption standard, anti -virus software, and a valid e -mail address. Once we have received your signed Remote Deposit Services Enrollment Form, and verified your account information, we will send you, either by e -mail or by postal mail, confirmation of our acceptance of your enrollment, along with your assigned User ID, Password and Authentication Method. The System can be used to send check images for deposit to only the Schertz Bank & Trust accounts designated for access by the System in your Remote Deposit Services Enrollment Form. You can add, change or delete any of your Bank accounts or User access from this Agreement by completing a new Remote Deposit Services Enrollment Form or Change Form. Remote deposit access to your accounts through the System will be based upon the identification of users and authority levels specified by you in your Remote Deposit Services Enrollment Form. We undertake no obligation to monitor transactions through the System to determine that they are made on behalf of the accountholder. D. Definitions 1. Account. Each of your accounts at the Bank into which checks transmitted electronically will be deposited. 2. Automated Clearing House or ACH. A facility that processes debit and credit transfers under rules established by a Federal Reserve Bank operating circular on automated clearing house items or under rules of an automated clearing house association. 3. Available for Withdrawal. With respect to funds deposited means available for all uses generally permitted to you for actually and finally collected funds under the Bank's Account Agreement or policies, such as for payment of checks drawn on the account, certification of checks drawn on the account, electronic payments, and withdrawals by cash, and transfers between accounts. 4. Banking Day. The part of any business day on which an office of the Bank is open to the public for carrying on substantially all of its banking functions. 5. Business Day: A calendar day other than a Saturday or a Sunday, January 1, the third Monday in January, the third Monday in February, the last Monday in May, July 4, the first Monday in September, the second Monday in October, November 11, the fourth Thursday in November, or December 25. If January 1, July 4, November 11, or December 25 fall on a Sunday; the next Monday is not a business day. 6. Check. A. A negotiable demand draft drawn on or payable through or at an office of a bank; B. A negotiable demand draft drawn on a Federal Reserve Bank or a Federal Home Loan Bank; C. A negotiable demand draft drawn on the Treasury of the - United States; D. A demand draft drawn on a state government or unit of general local government that is not payable through or at :a bank; E. A United States Postal Service money order; or F. A traveler "s check drawn on or payable through or at a bank. The term check includes an original check and a substitute check. The term check does not include a noncash item or an item payable in a medium other than United States money. A draft may be a check even though it is described on its face by another term, such as money order. The term check also includes a demand draft of the type described above that is nonnegotiable. 7. Check 21. Check Clearing for the 21ST Century Act, which may be amended from time to time. 8. Check Image. An electronic image of an original check (including a substitute check) created by you in connection with the Service. 9. Claimant Bank. A bank that submits a claim for a recredit for a substitute check to an indemnifying bank. 10. Collecting Bank. Any bank handling a check for forward collection, except the paying bank. Page 3 of 18 11. Depositary Bank: The first bank to which a check is transferred even though it is also the paying bank or the payee. A check deposited in an account is deemed to be transferred to the bank holding the account into which the check is deposited, even though the check is physically received and indorsed first by another bank. 12. Electronic Item. A digitized image of a check, an image exchange item, or any other electronic version of a check or other electronic item (such as items process able through the Automated Clearing House (ACH) system) approved by the Bank for processing through the System. 13. Electronic Payment. A wire transfer or an ACH credit transfer. 14. Forward Collection. The process by which the Bank sends a check on a cash basis to a collecting bank for settlement to the paying bank for payment. 15. Image Exchange Item. A digitized image of a check cleared and settled directly with a payor financial institution without conversion to a substitute check. 16. Indemnifying Bank, A bank that provides an indemnity with respect to a substitute check. 17. Magnetic Ink Character Recognition Line and MICR Line. The numbers, which may include the routing number, account number; check number, check amount, and other information, that are printed near the bottom of a check in magnetic ink in accordance with American National Standard Specifications for Placement and Location of MICR Printing for an original check and American National Standard Specifications for an Image Replacement Document for a substitute check (unless the Federal Reserve Board, by rule or order, determines that different standards apply). 18. Noncash Item. An item that would otherwise be a check, except that: A. A passbook, certificate, or other document is attached; B. It is accompanied by special instructions, such as a request for special advice of payment or dishonor; C. It consists of more than a single thickness of paper, except a check that qualifies for handling by automated check processing equipment; or D. It has not been preprinted or post - encoded in magnetic ink with the routing number of the paying bank. 19. Original Check. The first paper check issued with respect to a particular payment transaction. 20. Paper or Electronic Representation of a Substitute Check. Any copy of or information related to a substitute check that a bank handles for forward collection or return, charges to a customer's account, or provides to a person as a record of a check payment made by the person. 21. Paving Bank: A. The bank by which a check is payable, unless the check is payable at another bank and is sent to that bank for payment or collection; B. The bank at which a check is payable and to which it is sent for payment or collection; C. The Federal Reserve Bank or Federal Home Loan Bank by which a check is payable; D. The bank through which a check is payable and to which it is sent for payment or collection, if the check is not payable by a bank; or E. The state or unit of general local government on which a check is drawn and to which it is sent for payment or collection. Paying bank includes the bank through which a check is payable and to which the check is sent for payment or collection, regardless of whether the check is payable by another bank, and the bank whose routing number appears on a check in fractional or magnetic form and to which the check is sent for payment or collection. A paying bank also includes the Treasury of the United States or the United States Postal Service for a check that is payable by that entity and that is sent to that entity for payment or collection. 22. Qualified Returned Check. A returned check that is prepared for automated return to the depositary bank by placing the check in a carrier envelope or placing a strip on the check and encoding the strip or envelope in magnetic ink. A qualified returned check need not contain other elements of a check drawn on the depositary bank, such as the name of the depositary bank. 23. Reconverting Bank. A. The bank that creates a substitute check; or B. With respect to a substitute check that was created by a person that is not a bank, the first bank that transfers, presents, or returns that substitute check or, in lieu thereof, the first paper or electronic representation of that substitute check. 24. Regulation CC. Federal Reserve Board Regulation CC: Availability of Funds and Collection of Checks, which may be amended from time to time. 25. Remotely Created Check. A check that is not created by the paying bank and that does not bear a signature applied, or purported to be applied, by the person on whose account the check is drawn. For purposes of this definition, "account" means an account or other arrangement that allows a person to draw checks that are payable by, through, or at a bank. 26. Returning Bank. A bank (other than the ,paying or depositary bank) handling a returned check or notice in lieu of return. A returning bank is also a collecting bank for purposes of UCC 4- 202(b). Page 4 of 18 27. Routing Number. A. The number printed on the face of a check in fractional form on in nine -digit form; or B. The number in a bank's indorsement in fractional or nine -digit form. 28. Similarly Situated Bank. A bank of similar size; located in the same community; and with similar check handling activities as the paying bank or returning bank. 29. Substitute Check. A paper reproduction of an original check that; A. Contains an image of the front and back of the original check; B. Bears a MICR line that contains all the information appearing on the MICR line of the original check at the time that the original check was issued and any additional information that was encoded on the original check's MICR line before an image of the original check was captured; C. Conforms in paper stock; dimension, and otherwise; and D. Is suitable for automated processing in the same manner as the original check. 30. Sufficient Copy and Copy. A. A sufficient copy is a copy of an original check that accurately represents all of the information on the front and back of the original check as of the time the original check was truncated or is otherwise sufficient to determine whether or not a claim is valid. B. A copy of an original check means any paper reproduction of an original check; including a paper printout of an electronic image of the original check, a photocopy of the original check, or substitute check. 31. Transfer and Consideration. These terms have the meanings set forth in the Uniform Commercial Code and in addition: A. The term transfer with respect to a substitute check or a paper or electronic representation of a substitute check means delivery of the substitute check or other representation of the substitute check by a bank to a person other than a bank; and B. A bank that transfers a substitute check or a paper or electronic representation of a substitute check directly to a person other than a bank has received consideration for the item if it has charged, or has the right to charge, the person's account or otherwise has received value for the original check, a substitute check, or a representation of the original check or substitute check. 32. Uniform Commercial Code Code or U.G.C. The Uniform Commercial Code as adopted in a state. E. Your Responsibility When the User ID Password and Authentication Method are Used In your electronic communications with us, you must use your User ID, Password and Authentication Method to initiate a secure System session with us. You may then use the tools provided by us within the System. When we commence your ability to access the System, we will establish access for you using a temporary Password. You will be required to change your Password upon your first login and periodically thereafter. You agree that you will not under any circumstances disclose your Password to anyone, including anyone claiming to represent Bank. Your Password must be at least eight (8) characters in length and consist of both alpha and numeric characters for purposes of security: We recommend that you create a Password that utilizes both upper and lower case characters. Your Password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children; and should be memorized rather than written down. We are entitled to act upon instructions we receive with respect to the Service under your User ID, Password and Authentication Method, and you are liable for all transactions made or authorized with the use of your User ID, Password and Authentication Method. We have no responsibility for establishing the identity of any person who uses your User ID, Password and Authentication Method. You agree that if you give your User ID, Password and Authentication Method to anyone or fail to safeguard its secrecy; you do so at your own risk since anyone with your User ID, Password and Authentication Method will have access to the Service. You agree to take appropriate steps to ensure that all User ID's, Passwords, Authentication Methods and any other applicable security procedure issued to its agents, representatives, employees or officers are protected and kept confidential. In your review of the System, including those aspects of the System pertaining to the issuance, use, and protection of User ID's, Passwords.; Authentication Methods and security procedures, you agree to notify the Bank in the event your use of the System would necessitate or be better served by a level of security that exceeds that offered by the System. If you fail to notify the Bank, you acknowledge and agree that the security aspects of the System are appropriate for your needs and will provide you with a commercially reasonable degree of security against unauthorized use. You agree to indemnify and release the Bank from any and all liability, and agree not to make any claim against the Bank or bring any action against the Bank, relating to its honoring or allowing any actions or transactions that were conducted under your User ID, Password and Authentication Method or acting upon messages or authorizations provided to us using your User ID, Password and Authentication Method. You agree that we shall not be responsible for any loss, property damage or bodily injury arising out of or resulting from the failure of any person to provide you with access to the System, whether caused by the equipment; software; the Bank, Internet service providers, Internet browsers, or the parties providing communication services to or from us to you. We are not liable for war, acts of government that may restrict or impair use of System services, hurricanes, floods or other disasters, nor shall we be responsible for any direct, indirect; special or consequential, economic or other damages relating in any way to the foregoing. By directing us, through the use of the System, the Service used in conjunction with your User ID, Password and Authentication Method, you authorize Bank to complete the transaction. Any requests or instructions we receive from you through the System using your User ID, Password Page 5 of 18 and Authentication Method shall constitute writings with your signature as provided under all applicable law, and shall have the same force and effect as a writing signed by you. This includes, but is not limited to, inquiries, deposit transactions, items deposited, check images, changes to accounts or Service or any other communication you provide us through the System using your User ID, Password and Authentication Method. Your access to the System will be blocked in the event you're User ID, Password and Authentication Method is entered incorrectly on 3 consecutive attempts. If this happens, please call us at (210) 945 -7400 F. Data Protection You understand the importance of your role in preventing misuse of your accounts through the System and you agree to promptly examine your paper statement or E- statement for each of your Bank accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your User ID, Password and Authentication Method are intended to provide security against unauthorized entry and access to your accounts. Data transferred via the System is encrypted in an effort to provide transmission security and the System utilizes identification technology to verify that the sender and receiver of System transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the System is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the System, or e -mail transmitted to and from us, will not be monitored or read by others. G. Services You can use the System to access these Services: 1. Scan checks and make deposits into your accounts designated on the Remote Deposit Services Enrollment Form; and 2. View deposit history, check images and reports. Some of the Services may appear on your screen that have not been approved for you and, therefore, will not be available to you. Also, the Bank may, from time to time, introduce new Services. We shall update this Agreement to notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the terms and conditions in this Agreement and any updates thereto. Information shown on the System is generally up to the minute. The available account balance may include deposits still subject to verification or other items memo posted to the account (e.g., debit card activity) and may not include outstanding checks or credits. The current balance is a count of items posted to the account. Please contact us if you have further questions. K Posting of Deposits Deposits initiated through the System before 6:00 p.m. on a business day are posted to your account the same day. Deposits completed after this time or on a non - business day will be posted on the next business day. You agree to communicate this information with any other persons with authorized access to your accounts concerning any transfers, bill payments, or other transactions from your accounts in order to avoid overdrafts. I. Your Operational Responsibilities 1. Maintaining at least one or more checking accounts at the Bank eligible for the receipt of deposits of digitized images of checks; 2. Performing initial installation procedures in accordance with the Bank's Remote Deposit Services User Guide; 3. Using the System only for your internal business purposes; 4. Exercising due care in preserving the confidentiality of any User ID, password, test key, or other code or authentication method provided by the Bank and to prevent the use of the System by unauthorized persons, in addition assuming full responsibility for the consequences of any missing or unauthorized use of or access to the System or disclosure of any confidential information or instructions by the customer, its employees and agents; 5. Installing and implementing any changes and upgrades to the System as required by the Bank within 2 business days to ensure compliance with regulatory changes or developments, or to protect the integrity and security of the System; 6. Using only equipment authorized and approved by the Bank as outlined in the Remote Deposit Services User Guide; 7. Ensuring equipment is clean and operating properly at all times; 8. Inspecting and verifying the quality of images, thus ensuring that the digitized images of the front and back of original checks (defined as a check for any amount in U.S. Dollars drawn on or payable through a U.S. financial institution that has not been previously presented and paid) are legible for all posting and clearing purposes by the Bank. Specifically, you are representing and warranting that: A. The check image is an accurate representation of all information on the front and back of the original check at the time the original check was converted to a check image, and the check image contains all endorsements from the original check; B. Each check image (or related electronic data file) contains a record of all MICR line information required for a substitute check and otherwise satisfies all of the requirements of Check 21 and Regulation CC for the creation and /or transferring of a substitute check created from that check image; C. The original check, a duplicate check image, or any copy of the original check or check image will not be deposited by you with the Bank (unless the Bank instructs you to do so) or under any circumstances with any other bank; and D. The original check, a duplicate check image, or any copy of the original check or check image will not be presented, transferred or returned such that the Bank or any other person (such as the drawer of the check) will be asked to make payment based on a check or check image that the Bank or the other person already paid. Page 6 of 18 In addition, your account(s) will be charged for any deposited check that is later returned to the Bank owing to an actual or alleged breach of any such representation or warranty; 9. Using the System and equipment to enter, process and transmit original checks in accordance with procedures and transmission deadlines outlined in the Bank's Remote Deposit Services User Guide. You will create a check image of an original check using scanning equipment to scan the front and back of each original check, including the responsibility for entering the correct dollar amount of each check image. In addition, you are responsible for ensuring the MICR line information from the original check is accurately scanned, entered or repaired for each check image; NOTE: A check image is considered received by the Bank at a licensed location of the Bank, and the Bank is not responsible for any losses arising directly or indirectly from damage or alteration to the check image prior to its receipt by the Bank. In the event the Bank receives a check image from you on a day that is not a business day or after the applicable processing cutoff hour for a business day, the check image is deemed to have been received by Bank at the opening of the next business day. 10. Any loss or failure to collect a check image that results from an inaccurate or illegible check image or failure to provide full and correct MICR data or dollar amount for a check image; 11. Complying with all security procedures outlined in the Bank's Remote Deposit Services User Guide and agreeing not to bypass, override or disable any security mechanisms in the software or processing equipment; 12. Training your employees in the overall use of the Remote Deposit Services User Guide, including the supervision and auditing of your employees' use of the service; 13. Verifying Bank's receipt of your transmission(s) by verifying that deposits have been posted to the appropriate accounts, in addition to cooperating in any investigation and resolving any unsuccessful or lost transmission with the Bank; 14. Retaining each check for at least sixty (60) days after the check has been digitized and processed, and promptly providing any retained check (or, if the check is no longer in existence, a sufficient copy of the front and back of the check) to the Bank as requested to aid in the clearing and collection process or to resolve claims by third parties with respect to any check; 15. Using commercially reasonable method(s) to destroy checks after the required retention period has expired; 16. Retaining all information regarding your digitizing of checks as created by the System for at least sixty (60) days; 17. Cooperating with the Bank in providing information in the event of lost, mistaken, incomplete or unusable electronic Items, or in the event of claims of fraud, alteration, counterfeit or otherwise, including access to such records; 18. Agreeing not to use the System to deposit or otherwise process: A. Noncash'items; B. Items for which the customer is not a holder in due course; or C. Substitute checks, except those which have been returned to the customer for any reason. 19. Ensuring that no information has been deleted or degraded from a substitute check returned by the Bank in the event you capture for processing a digital image of a previously truncated and reconverted substitute check returned to you by the Bank: If you capture for processing a digital image of any other previously truncated and reconverted substitute check, you are to ensure that the substitute check meets the requirements for legal equivalency under Regulation CC and the identifications of previous truncating and reconverting bank(s) (as such terms are defined in Regulation CC) are preserved. J. Bank Operational Responsibilities 1. Delivering the following items to the customer, in addition to providing access to the System: A. Remote Deposit Services User Guide; B. User IDs, temporary passwords and other related authentication methods; and C. Equipment necessary to perform the service. 2. Providing initial installation and training support to ensure the proper implementation and use of the System; 3. Providing support during banking hours for the System to ensure the accurate processing of checks, including but not limited to: A. Corrections, contingent or alternate work methods and fixes to any known system program bugs or errors; B. Modifications, enhancements and updates in the event the Bank elects to make available to you; and C. Telephone and e -mail support during the Bank's normal business hours. D. Supplies and periodic Maintenance for the scanners will be the merchant's responsibility. 4. Accepting for deposit to the applicable account digitized images of checks that are transmitted to the Bank by you. Digitized images are deemed received upon confirmation by the Bank of successful receipt of the transmission of the images that are complete, usable, and adhere to the data specifications set forth in the Bank's Remote Deposit Services User Guide. if the digitized images are not complete, are not useable, or do not adhere to data specifications, the images may not be processed by the Bank, in which event your deposit will be adjusted and notification will be provided to you; Page 7 of 18 5. Processing digitized images after the Bank has received your transmission of the digitized images. The Bank uses commercially reasonable efforts to present image exchange items and substitute checks for collection. Unless the Bank notifies you otherwise, the Bank provides same day credit to the applicable account for all items transmitted by the customer and received by the Bank within the timelines established by the Bank; NOTE: Your deposit of a check image is subject to the Bank's verification and final inspection process. The Bank may at any time deposit a check image or return all or part of a deposit of multiple check images to you without prior notice. The Bank is under no obligation to inspect or verify a check image to determine accuracy, legibility or quality of the check image or MICR line information associated with the check image, or for any other purpose. However, the Bank may correct or amend MICR line information associated with a check image to facilitate processing of the check image or a substitute check created from that check image. The Bank may process and collect a check image or a substitute check through one or more check clearing houses, Federal Reserve Banks, or other private clearing agreements with another bank. The check images or substitute checks are subject to the rules of that clearing house, Federal Reserve Bank, or private clearing bank agreement. 6. Providing monthly account statements; 7. Retaining check images contained in the Bank's cash letter file for sixty (60) days; 8. If a payor financial institution returns an item to the Bank for any reason, the Bank may charge your applicable account for the returned item, whether or not the return is timely and proper; and may either: A. Return the item to CheXchange or if opt out back to you. Items may be returned as image exchange items, rather than substitute checks, as agreed by the parties. If a payor financial institution or other third party makes a claim against the Bank or seeks a recredit with respect to any check processed, the Bank may provisionally freeze or hold aside a like amount in the applicable account pending investigation and resolution of the claim; 9. Immediately suspending the System or the processing of any check or corresponding electronic item if the Bank has reason to believe that there has been a breach in the security of the System, fraud involving your account(s) or check(s), or any uncertainty as to the authorization or accuracy of electronic items, including the right to process electronic items on a collection basis at any time; and 10. Refusing to process any non - conforming items; including without limitation any items that do not meet the definition of a "check." 11. The Bank reserves the right to audit and inspect your internal documentation and service related operational procedures in a manner that will permit the Bank to verify your compliance or non - compliance with such security measures. K. Contact in Event of Unauthorized Access If you believe that you're User ID, Password or Authentication Method has been lost or stolen, or that someone has accessed the System without your permission,, call us at (210) 945 - 7400, or write to us at P O Box 800, Schertz, Texas 78154 L. License and Intellectual Property 1. License. The Bank, subject to the terms and conditions of this Agreement, hereby grants you a non- exclusive, non - transferable license to: A. Use the System for those portions of the Service selected by you, solely for processing checks in connection with your own business operations, in accordance with the Remote Deposit Services User Guide and solely on Authorized Equipment; B. Copy and use the Remote Deposit Services User Guide to solely support your authorized use of the System; and C. Copy any System actually delivered to you solely for archival or backup purposes. 2. Protection and Security of the System and the Remote Deposit Services User Guide. You agree to establish and maintain reasonable: A. Precautions and use commercially reasonable efforts to protect the confidentiality and security of the System and Remote Deposit Services User Guide; B. Measures to protect the System and Remote Deposit Services User Guide from unauthorized copying, dissemination, disclosure or other unauthorized use; and C. Provisions to maintain a complete and accurate list of all locations where you have loaded and use the System, and make such list available to the Bank upon the Bank's request. In addition, you agree not to at any time either directly or indirectly: A. Copy or use the System or Remote Deposit Services User Guide except as expressly authorized by this Agreement; B. Sublicense, rent, distribute, transfer; publish, disclose, display or otherwise make available the System to others; C. Use the System or Remote Deposit Services User Guide for third party training, commercial timesharing or service bureau use; D. Alter, change; modify or otherwise create derivative works of the System or Remote Deposit Services User Guide; and E. Reverse engineer, disassemble or decompile the System, except to the extent expressly permitted by applicable law. If you or any third parties take such action the Bank shall have the right to immediately terminate this Agreement and /or the license to the System upon notice to you. Page -8 of 18 3. Ownership. You acknowledge and agree that all right, title and interest in and to the System and the Remote Deposit Services User Guide, together with modifications, enhancements and derivative works; and all intellectual property rights such as copyrights, patents, and trade secrets, pertaining to the System and the Remote Deposit Services User Guide are: A. Owned exclusively by the Bank and its licensors; B. Represented or contain valuable rights of the Bank and its licensors; and C. Protected under United States patent, copyright, trademark and trade secret taws of general applicability. No other license or interest in the System or Remote Deposit Services User Guide; either express or implied, is granted under this Agreement other than the license set forth in this Agreement. In addition, you agree not to at any time either directly or indirectly: A. Put to issue the scope, validity or ownership of the Bank's (or its licensors') intellectual property rights in the System and Remote Deposit Services User Guide; B. Perform any act which could reasonably be expected to impair the scope, validity or ownership of such intellectual property rights; C. Assert any ownership rights to the System or Remote Deposit Services User Guide; or D. Remove or alter any copyright, trademark, or other intellectual property or proprietary right notices, legends, symbols or labels appearing on or in the System, Remote Deposit Services User Guide or any packaging, and shall 'include any copy of the System or Remote Deposit Services User Guide any copyright, trademark, or other intellectual property or proprietary right notices contained on the original. You acknowledge and agree that this Agreement does not grant or convey to you an interest in or to the System or Remote Deposit Services User Guide, or any right, title; interest or license in or to any trademark of the Bank or its licensors, but only a limited right of use (revocable in accordance with the terms hereof). You hereby assign to the Bank and /or its licensors, as directed by the Bank, any rights, including any patent, copyright, mask work rights, trademarks, and trade secrets, which you may now have or may acquire at any time in the future to the System or the intellectual property rights to the System, and any other computer code using any of the System. You agree to: A. Cooperate with the Bank and its licensors to protect the System, including in connection with any lawsuits or disputes involving the System; B. Promptly notify the Bank and provide relevant information and facts upon becoming aware of any actual or potential claim made by a third party regarding infringement, misappropriation, imitation, illegal use or misuse, or reasonable likelihood thereof, by the System; and C. In the event of any actual or potential infringement, misappropriation, imitation, illegal use or misuse, or reasonable likelihood thereof of the System by others: ® Grant to the Bank and its licensors the sole right to determine the course of action with respect to such infringement and to bring any proceeding with respect thereto, and to settle, and collect any settlement amount or judgment for any such proceeding; and ® Agree that such licensors shall be solely entitled to any proceeds of any such proceeding, including without limitation any settlement proceeds, insurance proceeds, arbitration award, judgment, or other consideration in any form. 4. Termination. You acknowledge and agree that the license to the System and Remote Deposit Services User Guide will terminate upon the termination of this Agreement, or the termination of the Bank's license to the System and Remote Deposit Services User Guide. Upon termination of agreement software will be removed from merchants computer(s) and the scanners will returned to the bank. 5. Limitation on Liability. The Bank's Licensors shall have no liability of any nature to you, or any third party, for damages, liabilities or claims, whether in contract, tort for negligence, infringement or otherwise, including without limitation damages, liabilities or claims arising from or under this Agreement, error in the System, or for any injury, damage or loss resulting from such error, or from any use of the System. Notwithstanding the generality of the foregoing, in no event will such licensors be liable for any consequential, indirect, incidental, special or punitive damages; or any lost profits or loss of any opportunity or good will, even if such licensors have been advised of the possibility of such. 6. Compliance with Law. You shall not export, re- export or otherwise transfer, directly or indirectly, the System or any portion thereof to any location outside the United States without first complying with all applicable foreign and United States federal, state and local laws, rules, regulations or controls (including without limitation those regarding import, export, marketing, distribution or use of software programs). 7. Assignment. You may not assign the license granted hereunder to any party whatsoever; except in connection with an assignment of the entire Agreement, subject to the terms of the Agreement. Any attempted assignment of the license in violation of this provision shall be void. 8. Further Assurances. You agree to, at your expense, promptly execute and deliver such further documents and take any and all other actions reasonably requested by the Bank from time to time, for the purpose of fully effectuating the intent and purposes of this Agreement, and to protect the interests of the Bank, its licensors, and their respective successors and assignees. 9, Iniunctive Relief. You acknowledge that violation of your commitment regarding the security and use of the System may cause irreparable injury to the Bank and /or its licensors, and agree that the Bank be entitled to seek and obtain temporary and preliminary injunctive relief in a court of competent jurisdiction, without the necessity of proving actual damages or posting a bond, to prevent such violation. 10. Survival. You agree that the provisions of this section of the Agreement survive termination of the license granted hereunder and the termination of this Agreement. Page 9 of 18 M. Confidentiality We will disclose information to third parties about your account or the checks you deposit: 1. When it is necessary for completing deposits, or 2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or 3. In order to comply with government agency or court orders, or 4. If you give us written permission. O. Additional Disclosures In addition to the above paragraph regarding confidentiality, you understand information about your accounts or the deposit you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written, In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to the System. You agree and hereby authorize all of these transfers of information. P. Communications Between the Bank and You Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways: 1. E -mail -You can contact us by e -mail using the "contact us" on our website: www.schertzbank.com (Please note that banking transactions through the System are not made via e- mail.); 2. Telephone - You can contact us by telephone at 210) 945 -7400; 3. Facsimile - You can contact us by fax at (210) 945 -7424; 4. Postal Mail - You can write to us at: Attn: Merchant Capture P O Box 800 Schertz, Texas 78154 5. In Person - You may visit us in person at any one of our locations: Main Office 518 Main Street Schertz, TX 78154 San Marcos Branch 1917 Dutton Or Suite 205 San Marcos, TX 78666 Q. Contacting Bank Via E -Mail Kirby Branch IH35 Branch Seguin Branch 5020 FM 78 16852 IH35 N 203 Highway 123 Bypass North San Antonio, TX 78219 Schertz, TX 78154 Seguin, TX 78155 Sending an e -mail through the System is one way to communicate with us. However, you agree and acknowledge that e -mail is not secure method of communication. You should not send an electronic mail message if you need to communicate with us immediately. Do not use e -mail to send banking instructions or to request Services provided through the System. Do not send account information or transaction information via e -mail. If you -mail us or ask us to reply to you via e -mail you agree to hold us harmless from any consequences, including financial loss, resulting from any unauthorized use or disclosure of your account or personal information resulting from e -mail. Also, if you send us an electronic e -mail, it will be deemed to have been received on the following business day. The Bank will have reasonable time to act on your e -mail. We are not required to act on any e -mail received and we are not responsible for misdirected or lost e- mails. R. Periodic Statements You agree that to the extent permitted by taw, receipts, notices and disclosures associated with the System may be provided to you by e -mail, facsimile or over the Internet, either as part of a System session or otherwise. You will not receive a separate System statement; however your transactions will be reflected on your monthly account statement. You may use the System to view deposit activity as indicated on the Remote Deposit Services Enrollment Form. You agree to notify us of any changes to your mailing or e -mail address. if you do not notify us, you will hold us harmless from any consequences, including financial loss, resulting from your failure to notify us of the change in your mailing or e -mail address. S. Consent to Electronic Delivery of Notices You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Bank System website or by e -mail. You agree to notify us immediately of any change in your e -mail address. Page 10 of 18 T. Disclaimer of Warranty Limitation of Liability and Indemnity We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, the existence of any latent or patent defects, viruses, or the accuracy or freedom from error, of the data or the program used by or furnished to the Bank or to you by licenser or others, in connection with the System or Service(s) provided to you under this Agreement. Without limiting the generality of the foregoing, the Bank makes no representation or warranty, express or implied; against any infringement of any proprietary rights of any other party. You assume the entire risk as to the quality and performance of the System, the suitability of the Service, and with respect to any documentation. This paragraph shall survive the termination of this Agreement by either account holder or the Bank, and also limits the liability of any agent, employee or affiliate of the Bank. We do not and cannot warrant that the System will operate without errors, or that any or all Service(s) will be available and operational at all times. The Bank agrees to be responsible only for performing the Service(s) expressly provided for in this Agreement and shall be responsible only for its actions or inactions for which the Bank has engaged in gross negligence or willful misconduct in performing those Service(s). The Bank will not be responsible for your acts or omissions and none of your employees or agents shall be considered agents of the Bank. You agree to defend, indemnify and hold the Bank harmless against any loss, liability or expense (including attorney's fees and expenses) resulting from or arising out of: 1. Any claim of any person that is responsible for any act or omission by you or your employees or agents; 2. Any claims against the Bank from a third party resulting directly or indirectly under this Agreement where the Bank has acted in accordance with your instructions and /or within the terms of this Agreement; 3. Your negligence or breach of this Agreement 4. Your failure to provide the appropriate information for an instruction via the System; 5. Your failure to provide and maintain accurate information in this Agreement and Remote Deposit Services Enrollment Form; and 6. Any breach by you of any representation or agreements made pursuant to or in this Agreement. You understand and agree that the Bank's liability and your sole and exclusive remedy for claims in connection with or arising out of this Agreement for any cause whatsoever and regardless of the form of action shall be limited to actual, direct damages for losses resulting from the Bank's gross negligence or willful misconduct. In no event shall the Bank be liable for special, consequential, incidental, exemplary or similar damages including, but not limited to, lost profits or lost savings, even if the Bank was advised of the possibility thereof. Without limiting the generality of the foregoing provisions, the Bank shall be excused from failing to act or delay in acting: 1. If any legal constraint or circumstances beyond the Bank's control caused such failure or delay; 2. If the System was not working properly, and you knew about the breakdown when you started the check image and deposit instruction; or 3. If there are other exceptions stated in our agreement with you. Nothing contained in this Agreement shall be deemed to relieve you of any liability, duty or obligation which may be imposed upon you by any federal, state or municipal laws, including without limitation, laws requiring you to maintain records regarding your business or employees or to withhold taxes or other deductions. You will indemnify and hold harmless the Bank, its licensors and providers of services, and their respective directors, officers, shareholders, employees and agents (each an "Indemnified Party ") from and against any third party suits, proceedings, claims, demands, causes of action, damages, liabilities, losses or expenses (including reasonable attorneys' fees and other legal expenses) that result from or arise out of: 1. The wrongful acts or omissions of you, or any person acting on your behalf, in connection with your use of the System or processing of checks hereunder, including without limitation: A. A breach by you of any provision, representation or warranty of this Agreement; B, The negligence or willful misconduct (whether by act or omission) of you, your customers, or any third party on behalf of you; C. Any modifications or changes to the System made by you or any third party within the control or on behalf of you; D. Any misuse of the System by you or any third party within the control or on behalf of you; or E. The failure by you to comply with applicable state and federal laws and regulations. 2. Any act or omission of the Bank that is in accordance with this Agreement or instructions from you; or 3. Any claim by any recipient of a substitute check corresponding to a check processed by you hereunder, that such recipient incurred loss due to the receipt of the substitute check instead of the original check (a "Claim "). The Bank will not be liable to you for any of the following, unless liability or loss is a result of the Bank's breach of this Agreement or the gross negligence or willful misconduct of the Bank or its employees or agents: 1. Any damages, costs or other consequences caused by or related to the Bank's actions that are based on information or instructions that you provide to the Bank; 2. Any unauthorized actions initiated or caused by you or its employees or agents; 3. The failure of third persons or vendors to perform satisfactorily, other than persons to whom the Bank has delegated the performance of specific obligations provided in this Agreement; Page 11 of 18 4. Any refusal of a Payor Financial Institution to pay an electronic item or substitute check for any reason, including without limitation that the check, electronic item or substitute check was allegedly unauthorized, was a counterfeit, had been altered, or had a forged signature; 5. Any other party's lack of access to the Internet or inability to transmit or receive data; 6. Failures or errors on the part of Internet service providers, telecommunications providers or any other party's own internal systems; or 7. Actions by third parties; such as the introduction of a virus, that delay, alter or corrupt the transmission of an electronic item to the Bank. The Bank's liability for errors or omissions with respect to the data transmitted or printed by the Bank will be limited to correcting the errors or omissions. Correction will be limited to reprinting and /or representing substitute checks or electronic items to the Payor Financial Institution. The Bank shall indemnify and hold harmless you, and your directors, officers, shareholders, employees, and agents (each an "Indemnified Party ") from and against any third party suits, proceedings; claims; demands, causes of action, damages, liabilities, losses or expenses (including reasonable attorneys' fees and other legal expenses) arising from a claim by a third party that your use of the System to: 1. Capture electronic images of original checks; 2. Electronically transmit the resulting electronic images to the Bank for processing, in accordance with the Remote Deposit Services User Guide; and /or 3. Store electronic copies of such electronic images within the System, directly infringes any valid United States copyright or United States patent of such third party (a "Claim"), The Bank shall have no liability under this provision to the extent a Claim is attributable to: 1. Modification of the System by anyone other than the Bank without the express prior written consent of the Bank, if liability for infringement would not have arisen but for such modification; 2. Combination or use of the System with any software or hardware not provided by the Bank, if liability for infringement would not have arisen but for such combination or use with such software or hardware; 3, Use of the System in anyway not authorized by this Agreement, if liability for infringement would not have arisen but for such unauthorized use; 4. Transmission of electronic images to any other computer, system or media, other than, transmission to the Bank for the purpose of processing such electronic images as contemplated herein, if liability for infringement would not have arisen but for such transmission; 5. Use of other than the most current release of the System provided to you, if liability for infringement would not have arisen if the most current release had been in use; or 6. Any breach by you of this Agreement, if liability for infringement would not have arisen but for such breach. If your use of the System is, or in the Bank's opinion is likely to be, enjoined due to any Claim, the Bank shall, at its sole option and expense, do one or more of the following: 1. Provide you the right to continue using the System at no additional expense; 2. Replace or modify the System with non - infringing software, without a material reduction in functionality or performance; 3. Resolve any Claim so that you may continue using the System at no additional expense; or 4. Terminate the Service and the license of the System. Any action by the Bank shall not relieve the Bank of its obligation to indemnify Indemnified Parties in accordance with the other provisions of this provision, and you agree and acknowledge that the remedy provided in this provision is the sole and exclusive remedy of you, and consequently the sole and exclusive liability of the Bank, with respect to any Claim or any related action, and the Bank shall not be otherwise liable to you for providing non - infringing software. An Indemnified Party shall: 1. Provide the indemnifying party prompt written notice of any Claim for which the Indemnified Party intends to claim indemnification; 2. Provide the indemnifying party (and /or its licensors, in case the Bank is the indemnifying party) the right to control and direct the investigation, defense and settlement of the Claim; and 3. Cooperate fully with the indemnifying party (and /or its licensors, in case the Bank is the indemnifying party) in the investigation, defense and settlement of such Claim. The failure to deliver notice to the indemnifying party promptly after an Indemnified Party becomes aware of a Claim, if prejudicial to the indemnifying party's ability to defend such action, shall relieve the indemnifying party of any liability to Indemnified Parties under this provision to the extent of such prejudice. An Indemnified Party shall not settle or compromise any Claim; and any settlement or compromise by an Indemnified Party of a Claim shall be void as against the indemnifying party and shall terminate the indemnifying party's obligation to indemnify such Indemnified Party. The indemnifying party (and /or its licensors, in case the Bank is the indemnifying party) may settle or compromise any Claim, provided that such settlement or compromise does not involve any admission of wrongdoing on the part of any Indemnified Party or require any payment or other performance by any Indemnified Party. Page 12 of 18 U. Severability If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. V. Headings The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. W. Waiver Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. X. Assignment You may not assign this Agreement. The Bank may assign this Agreement either in part or in whole at any time and with or without notice to you. This Agreement is binding upon your heirs and Bank's successors and assigns. Y. Entire Agreement This Agreement, together with the Remote Deposit Services Enrollment Form, constitutes the entire agreement between you and the Bank with respect to the subject matter in this Agreement and there are no understandings or agreements relative to this Agreement which are not fully expressed in this Agreement. Z. Change in Terms The Bank may at any time amend, modify, add or delete (collectively and individually a "change") the terms of this Agreement with or without notice unless prohibited by applicable law. A_change may include -a change to existing terms, a change in terms, a change that involves a new term or a change that involves conditions not otherwise contemplated by account holder or Bank at the time this Agreement is entered. if advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, you agree that we may notify you of the change in terms by mail or by posting a notice on our website. Further you agree that your continued use of the Service(s) constitutes your agreement to the change. If you wish to decline to be bound by the change, you must terminate the account or discontinue the System to which the change relates; otherwise you will be deemed to have accepted and agreed to the change. AA. Termination We reserve the right to terminate this Agreement or limit your use of the System at any time and for any reason at our discretion reserve the right to cancel this Agreement at any time, with or without cause and without prior notice. Examples of when we may cancel this Agreement and the use of the Service(s) without prior notice include, but are not limited to: 1. If you breach this or any other agreement we may have with you; 2. If we have reason to believe that there has been or may be an unauthorized use of your User ID, Password and Authentication Method or account(s); 3. If there is conflicting claims as to the funds in any of your account(s); 4. If you request us to do so; 5. If you do not access the System for a period of sixty (60) days or longer; 6. If you have insufficient funds in any one of your Bank accounts; or 7. If you do not designate a new Primary Account immediately after you or we close you're Primary Account. You may cancel your System at any time by writing us at ATTN: Merchant Capture - P O Box 800 Schertz, Texas 78154 -0800. Your access to the System will be suspended within five (5) days of our receipt of your instructions to cancel the System. Termination will not affect your liability or obligations under this Agreement for transactions that have been processed on your behalf. You will remain responsible for all outstanding fees and charges incurred prior to the date of termination. Termination will apply only to the System and does not terminate your other relationships with us. Any termination will not affect obligations arising prior to termination, such as the obligation to process any checks and electronic items (including returned electronic items) that were in the process of being transmitted or collected prior to the termination date. Within 5 days after termination of this Agreement; you will return or remove all copies of the System, Scanner, and Remote Deposit Services User Guide in your possession or under your control, and will, upon request, certify in writing that you have returned or removed all such copies and equipment. In addition, you will keep your account(s) at the Bank open until the later of: 1. Sixty (60) business days after the date of the last imaged /scanned deposit; or 2. Final payment with respect to all processing flees, and will maintain funds in such account(s) in amounts and for a period of time determined by the Bank in its reasonable discretion to cover any outstanding checks and your obligations for returns of checks, warranty claims, fees and other obligations. If any such liabilities exceed the amount in the applicable account, the Bank may charge such excess against any of your other accounts at the Bank, and you will pay immediately upon demand to the Bank any amount remaining unpaid. You will also continue to retain checks and forward checks to the Bank. Page 13 of 18 BB. Governing Law This Agreement is governed by applicable federal laws and the laws of the State of Texas (except to the extent this Agreement can and does vary such rules or laws). CC. Security Interest in Accounts and Settlement Reserve You grant us a security interest in all Accounts or other deposits (whether general or special) of yours at the Bank, and in all funds in such Accounts or other deposits, to secure your obligations to us under this Agreement. This security interest will survive termination of this Agreement. We may hold any funds on deposit with us by you after termination of this Agreement for up to sixty (60) following the expiration of any return or chargeback rights regarding any request or ACH entry processed by you using the System or, if later, until any other claims to such funds have expired. You may be required to maintain a reserve ( "Settlement Reserve ") of an amount to be solely determined by the Bank. You acknowledge and agree that any Settlement Reserve will be deposited in a Bank account for exclusive use by the Bank for purposes of offsetting any of your obligations under this Agreement. You authorized the Bank to immediately replenish the Settlement Reserve to an amount to be determined by the Bank via an ACH debit to your account or by a direct deposit to the Settlement Reserve if your Settlement Reserve falls below the required amount. You grant the Bank a security interest in any Settlement Reserve to enable the Bank to enforce any obligation owed by you under this Agreement without notice or demand to you. Your obligation to maintain a Settlement Reserve shall survive the termination of this Agreement, with such obligation lasting until all of your obligations under this Agreement have been fully offset; The Bank's security interest shall continue until all of your obligations under this Agreement have been fully offset. DD. Your Representations and Warranties You represent and warrant to the Bank as follows: 1. You have all requisite power and authority to enter into this Agreement. The entering of the Agreement, and execution of the corresponding application incorporating the same, has been duly and validly authorized by all necessary action. Further, the individual or individuals who execute the application for the services contemplated under the Agreement on your behalf is each duly authorized by you to do so; 2. Any transaction contemplated hereby will not be in violation of state or federal law; and 3. All formalities will be followed with respect to each transfer of funds; including but not limited to, proper authorization of individual transactions and any record keeping requirements with respect thereto. EE. Fees and Charges You agree to pay the fees and charges for your use of the System as we have established and may amend from time to time. These fees and charges will be in addition to any charges associated with the account you maintain with the Bank. Our schedule of fees for the System is set forth in the Bank's Schedule of Fees. You agree that all such fees and charges will be deducted from the Bank checking account designated in this Agreement. If you close your account, you must contact us immediately to designate another account. You agree to pay any additional reasonable charges for services you request, which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of the System. Current Fees: $100.00 set up fee $ 25.00 monthly charge for first account $ 10.00 monthly charge for each additional account after first By signing this Agreement, you acknowledge that you have read and understood this Agreement and the separate agreements; disclosures, schedules and exhibits as they appear on the Bank's website or given to you, including but not limited toy optional services (if selected by you). IN "WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth below. Applicant Signature Applicant Signature Guarantor Signature Guarantor Signature Printed Name Printed Name Printed Name Printed Name iltie uate Title Date Date Date Corporate Certification (Corporate Applicants Only): I certify that I am Secretary of the Applicant and the signatures and title set forth above are the genuine signatures and titles of persons indicated. Secretary Signature Printed Name Page 14 of 18 (staff use) Page 15 of 18 _emote Deposit Enrollment y J "Balance inquiries for Certificates of Deposit are available with 'View Only' capability. Statements are available online for checking accounts only. Full or Administrator access to loan accounts allows the user to make loan payments only. Users desiring access to Gash Management functions must have Full or Administrator access to the applicable accounts to perform these functions. Page 16 of 18 ® a a USER NAME: E- MAILADDRESS: SECRET PASSWORD OR PHRASE (Used to identify the user over the telephone): ACH CONTACT REPRESENTATIVE YES /NO: TELEPHONE NUMBER:" ACCOUNT NONE VIEW ONLY DEPOSIT ONLY VIEW /DEPOSIT FULL ADMINISTRATOR NAME /NUMBER Cannot access any View balances and Cannot access any View balances and Internal transfer access/ Full account, Cash account information or statements /cannot account information/ statements/ability to perform granted Cash ` Management access/ i perform any transactions. erform any transactions. deposit funds only, deposit funds only. Management functions.' change user access. ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a a- CASH MANAGEMENT SETUP DRAFT AUTHORIZE DAILY TRANSACTION DOLLAR LIMIT FUNCTION ACH Direct Credit ❑ ❑ ❑ ACH Direct Debit ❑ ❑ ❑ ACH Direct Deposit ❑ ❑ El ACH file Submission ❑ ❑ ❑ ACH Tax Payments ❑ ❑ ❑ Chargeback /Creditback Account for ACH Returns: Processing Frequency for ACH Transactions: ❑ Daily ❑ Weekly ❑ Bi- Weekly ❑ Monthly ❑ Bi- Monthly ❑ Quarterly ❑ Annually Delivery Method for ACH Transactions: ❑ Internet Banking ❑ File Attachment/Internet Banking ❑ Encrypted E -mail Notification Method for ACH Inquiries: ❑ E -mail ❑ Fax ❑ Postal Mail ACH File Type: ❑ Balanced ❑ Unbalanced ❑ Single Control ❑ Dual Control Sill Payment ❑ ❑ ❑ Cash Concentration ❑ ❑ ❑ Controlled Disbursement ❑ ❑ ❑ Internal Transfers ❑ ❑ ❑ Multi -Bank Reporting ❑ ❑ ❑ Loan Payments ❑ ❑ ❑ Positive Pay ❑ ❑ Remote Deposit ❑ ❑ ❑ Single Check # of Checks Total Deposit Special Reports ❑ ❑ ❑ Wire Transfer ❑ ❑ ❑ "Balance inquiries for Certificates of Deposit are available with 'View Only' capability. Statements are available online for checking accounts only. Full or Administrator access to loan accounts allows the user to make loan payments only. Users desiring access to Gash Management functions must have Full or Administrator access to the applicable accounts to perform these functions. Page 16 of 18 Remote Deposit Services Enrollment Form - Continued SECRET PASSWORD OR PHRASE (Used to identify the user over the telephone): ACH CONTACT REPRESENTATIVE YES /NO: TELEPHONE NUMBER: ACH Direct Credit LJ U U ACH Direct Debit ❑ ❑ ❑ ACH Direct Deposit ❑ ❑ ❑ ACH File Submission ❑ ❑ ❑ ACH Tax Payments ❑ ❑ ❑ Chargeback /Creditback Account for ACH Returns: Processing Frequency for ACH Transactions: ❑ Daily ❑ Weekly ❑ Bi- Weekly ❑ Monthly ❑ Bi- Monthly ❑ Quarterly ❑ Annually Delivery Method for ACH Transactions: ❑ Internet Banking ❑ File AttachmentlInternet Banking ❑ Encrypted E -mail Notification Method for ACH In uiries: ❑ E -mail ❑ Fax ❑ Postal Mail ACH File Type:. ❑ Balanced ❑ Unbalanced ❑ Single Control ❑ Dual Control Bill Payment ❑ ❑ ❑ Cash Concentration ❑ ❑ El Controlled Disbursement ❑ ❑ ❑ Internal Transfers ❑ ❑ El Multi -Bank Reporting ❑ ❑ ❑ Loan Payments ❑ ❑ ❑ Positive Pay ❑ ❑ ❑ Remote Deposit 1:1 F1 ❑ Single Check # of Checks Total Deposit Special Reports ❑ ❑ ❑ Wire Transfer ❑ ❑ ❑ *Balance inquiries for Certificates of Deposit are available with 'View Only' capability. Statements are available online for checking accounts only. Full or Administrator access to loan accounts allows the user to make loan payments only. Users desiring access to Gash Management functions must have Full or Administrator access to the applicable accounts to perform these functions. Page 17 of 18 The following information will bm used huestablish re-presentment options for check(s) converted to ACH transactions: The number of re-presentment attempts (ACH may be re-presented two times (2) times). The number of days after the first return before the item is re-presented. CheXchange The number of days after the second return before the item is re-presented, or do you wish the second re- CheXchange presentment to coincide with mid-month or end of month pay cycles. The non-sufficient funds (NSF) fee amount you want to charge this customer. $30.00 The number of attempts to be made to collect the NSF fee (maximum times includes original presentment plus 0 NUMBER re-Dresentments, Page 1am1e WE; Bank Release Authorization checXcharige" Forward to Commercial Accounts Representative 0 Please complete the Merchant Client and Bank Information sections below and sign and date In the Merchant Client signature box. Under 'Bank Contact and 'Bank Phone Number', please provide the name and phone number of the person at your bank that checXchangeTm can contact to confirm that the special instructions authorized by this application have been received and properly applied to your bank account. Once you have completed this form, simply send a copy to your bank contactnocal branch and fax a copy to checXchangem at (727) 499-7003. To keep your sensitive Information secure, please 20 NOT email your completed form. Call (800) 208-2964 to confirm checXchange "I's receipt of your tax. This agreement Is between Merchant Client and Money Transfer Systems, Inc. (checXchangeT"), a Florida corporation located at P.O. Box 936, Uunedin, Florida 34697. This agreement constitutes the only agreement between the parties and all prior negotiations, agreements and understandings, whether oral or written are therefore superseded. MERCHANT CLIENT- Signature: Print Name: Title: Signature: Print Name: im Date: Date: TO WHOM IT MAY CONCERN: I hereby authorize and instruct you to mail all return items after f1rsLnE2gjUMjLog for payment and determination of uncolieutable funds to Money Transfer Systems, Inc, It Is Important,that you forward these items after the first presentation,, do not redeposit, bold, or attempt to present each item a second lime, *lease Remit All Returned Items To. Money Transfer Systems Ini P.O. Box 936 Dunedin, FL 34697 This now address and authorization applies only to return items and is to remain In effect until canceled In writing, Please include a copy of the bank debit in my/our statement. Bank Personnel, Elease confirm receipt of this form by completinq this section and faxing this form to (727) 499-7003. mom BANK OFFICER NAME: coMMENT6 BANK SIGNATURE; DATE, Merchant Client ( "Ghent") authorizes Money Transfer Systems, Inc. ( "MTSI") to re- present all return check items forwarded to MTSI by Client or Client's bank(s) in accordance with the Electronic Funds Transfer Act of the Federal Reserve Governing Board. Client authorizes MTSI to originate a draft or an electronic debit for a separate non - sufficient funds ( "NSF ") fee, in an amount posted by the Client and agreed to by the check writer. This fee will not exceed the maximum amount allowed by applicable state laws. Client authorizes MTSI to initiate credlUdebit entries for collected checks equal to the agreed upon sum per the terms on thin Agreement. Client acknowledges that the origination of ACH transactions to Client's account must comply with the provisions of U.S. Law. Client agrees to complete the Bank: Release Authorization form provided by MTSI and forward the completed Bank Release Authorization to the bank(s) utilized by Client so that all returned Items wilt be forwarded to MTSI after first presentation by Client's bank(s). Client agrees to display a decal supplied to Client by MTSi at all point of sale locations at all times In accordance with applicable law. With respect to each re- presented item, Client represents and warrants to MTSI that: (a) it has good title to the returned item; (b) ail signatures on the returned item are authentic and authorized; (c) the returned item has not been altered; (d) the Client is not able to avail itself of any defenses to payment (e.g. defective merchandise); (e) the Client is not Insolvent; {g the returned check has only been presented for payment once; (g) any restrictive endorsement placed on the check is void or ineffective; (h) it understands the check recovery services herein are provided to Client by and through MTSi (or any other similar Independent contractor made available for your use by Bank from time to time), an independent contractor and not an affiliate or subsidiary of Bank or otherwise owned or controlled by Bank or any of Bank's affiliates or subsidiaries; and (i) Bank does not provide or participate in any of the processes, re- presentment, or collection methods undertaken by MTSI. MTSI will be allowed thirty (30) days from the date of receipt of a return check item to complete its electronic re- presentment process. if this Agreement Is terminated by either party for any reason, MTSI will retain the right to complete its electronic re- presentment process for all returned check items forwarded to MTSI prior to said termination. MTSI does not guarantee the collection or payment of any returned item presented to MTSI for electronic re- presentment. However, MTSI will provide its best efforts to collect Client's NSF checks. MTSI makes no representation or warranty as to the coliectability or validity of any returned 'item. MTSI retains the right to refuse to process any transaction submitted by Client. If any Client customer whose check is undergoing electronic re- presentment by MTSI pays Client the amount oweddirectly, Client agrees to forward any return fees received that are related to such transaction to MTSI. For checks collected electronically, MTSI will pay Client 100% of the face value of the chock. in the event of an error, Including but not limited to any payments to Client for funds that MTSI has not collected, Client authorizes and requests MTSI to debit or credit Client's designated account at Sank to correct the error. Client understands this authorization remains in effect until the Agreement is terminated or Client otherwise gives 30 days written notice to MTSI of its termination of this authorization. Client agrees to indemnify Bank, MTSI, and any third party service provider which may be utilized by Bank or MTSI to provide any of the services regarding the recovery of checks for Client under the terms of this Agreement (together, the "indemnified Parties) and to hold the Indemnified Parties harmless from and against any and all damages, penalties, losses, liabilities, judgments, settlements, awards, costs and expenses and reasonable attorneys fees and related costs ( "Losses"} which Client may have as a result of any claims, assertions, demands, causes of action, suits, proceedings or other actions, (collectively, "Claims') which the Indemnified Parties may Incur or which may be asserted against any Indemnified Party arising from, relating to or in any way connected with a breach of the Client's obligations, representations or warranties under this Agreement, or otherwise arising out of Bank, MTSI, or any third party service provider providing check recovery services to the Client; provided, however, that the foregoing Indemnity shall not apply to claims, damages, losses, liabilities and expenses solely attributable to an Indemnified ParVs gross negligence or Wilful misconduct. Client also hereby agrees to release, defend, indemnify, and hold the indemnified Parties harmless from and against any and all Losses which Client may have as a result of any Claims which arise or may arise relating In any way to the check recovery services and In no event shall Bank be liable for any indirect, consequential, incidental, punitive, exemplary or special losses or damages, or expenses which Client may Incur by using the check recovery services set forth in this Agreement; whether or not the possibility or likelihood of such damage was known or contemplated by the Bank. Client's sole remedies and recourse for any Losses or Claims shall be against ivITSI and not Bank. Ail disputes between Client and its customers relating to a check transaction will be settled between Client and said customers. Client agrees to indemnify and hold MTSI harmless from any claim, liability, loss, or expenditure resulting from Client's actions or inactions, including but not limited to failing to obtain written authorizations or posting notices as required by this Agreement. Notwithstanding the foregoing, MTSI agrees to indemnify and hold Client harmless from any claim, liability, or loss by MTSI's actions or Inactions while processing. returned check items from Client. Any dispute between MTSI and the Client will be submitted to binding arbitration, to be conducted pursuant to the rules of the American Arbitration Association, Any arbitration proceedings will occur in Clearwater Florida, Pinellas County. Each party represents, warrants, and mutually agrees that all information concerning the other party which comes Into its possession shall be maintained as confidential and shall not be used or divulged to any other party except as necessary to permit the activities contemplated under this Agreement. MTSI may advise potential users of its service that Client has a relationship with MTSI. All transactions covered by this Agreement are governed by and must comply with the National Automated Clearing House ( "NACHA ") rules, Regulations CC and E established by the Federal Reserve Board, Uniform Commercial Code ( "UCC ") Article 4, The Electronic Funds Transfer Act, and other applicable laws and regulations. MTSI complies with the Gramm - Leach- Bifley Privacy Act, Public Law 106 -102, Title V, governing the Disclosure of Nonpublic personal Information - 15 USC, Subchapter 1, Sec. 6801 -6810 and Fraudulent Access to Financial Information -15 USC, Subchapter 11, Sec, 6621.6827. If Client fails to comply with any term of this Agreement or any applicable laws or regulations cited in this Agreement, MTSI may terminate this Agreement immediately by giving written notice to,Cient. Either party to this Agreement may terminate this Agreement by giving the other party thirty (30) days' written- notice of said termination. Any termination will not affect the rights and obligations of the parties arising prior to the effective date of such termination, and the indemnification provisions hereof shall specifically survive termination, MTSI may change the terms of this Agreement at any time by giving Client ten (10) days' notice of said change. If Client does not agree to the change, Client may terminate this Agreement. The laws of the State of Florida will govem this Agreement. Ail questions regarding this Agreement and electronic check processing should be referred to: Money Transfer Systems, Inc. P.O. Box 936 Dunedin, FL 34697 Office: (800) 208 -2964 Fax: (727) 499.7003 www.checXchange.com a SAFEKEEPING AGIZEEMENT (CORPORATE -- NO FOREIGN SECURITIES) THIS SAFEKEEPING AGREEMENT (this "Agreement") is entered into as of the 16-r day of 4kt IZ- _, 2000 , by and between THE FROST NATIONAL BANK, a national banking association organized and existing under the laws of the United States of America (the "Bank") and ScltPrfiz Ran 11 r rP..,.4- a Bank (the "Depositor"), The Bank and the Depositor agree that all securities and/or other property deposited with and accepted by Bank ("Security") shall be governed by the term and conditions herein set forth, and agree to the following WITNESSETH: The Bank shall establish and maintain a custody account (the "Account") for and in the name of the Depositor and hold therein all securities deposited with or collected by the Bank in its capacity as custodian for the Account. The terms "Security" or "Securities" shall mean any negotiable or non- negotiable investment instrument(s) commonly known as a security or securities in banking custom or practice, and so long as held by the Bank, all income therefrom and all cash deposited by, or for the account of, the Depositor, The Bank agrees to open the Account and hold all Securities and other property, from time to time, deposited with or collected by the Bank for the Account, subject to the terms and conditions of this Agreement, as the same may be amended from time to time. SECTION I ACCEPTANCE OF SECURITIES (a) The Bank shall accept delivery from and on behalf of the Depositor such Securities as shall, from time to time, be acceptable to it. Any Securities now held by the Bank for the Depositor under a prior custody agreement shall be deemed to have been deposited hereunder. The Bank shall have no responsibility to (i) determine the validity, genuineness or alteration of the Securities or related instruments delivered pursuant to the terms hereof, (ii) review the Securities; or (iii) advise the Depositor of the purchase, retention, sale, exchange, disposition, call for redemption of the Securities or related instruments. (b) The Bank shall supply to the Depositor from time to time as mutually agreed by the Bank and the Depositor a written statement with respect to all of the Securities held in the Account. In the event that the Depositor does not inform the Bank in writing of any exceptions or objections to such statement within thirty (30) days after receipt of such statement, the Depositor shall be deemed to have approved such statement. (c) The Bank shall segregate and identify on its books and records as belonging to the Depositor all Securities delivered by or for the account of the Depositor which are held by the Bank in the Account. (d) The Depositor authorizes the Bank, for any Securities held hereunder, to use the services of any United States central securities depository it deems appropriate and where it may hold any of its own securities, including, but not limited to, the Depository Trust Company and the Federal Reserve Book Entry System. The term "central securities depository" shall also include any depository service which acts as a custodian of securities in connection with a system for the central handling of securities whereby all securities of a particular class or series of any issuer deposited within the system are treated as fungible and may be transferred by bookkeeping entry without physical delivery of security certificates. Placement by the Bank of Securities into a central securities depository or safekeeping facility shall neither augment nor diminish the Bank's duties or obligations under any other paragraph of SANANTONIO 298076v5 82600-03994 this Agreement, provided that the Bank shall have no liability for the acts or failure to act of any such central securities depository. (e) The Bank is authorized to re-register the Securities in the name of the Bank or its nominee unless alternative and acceptable registration instructions are promptly furnished by the Depositor. • I I The Bank agrees to collect and receive the dividends, interest and other income from the Securities, as directed by the Depositor, and will credit the Depositor's designated deposit account for such items. Charges, if any, will be charged to the Depositor's deposit account under advice. The Bank assumes no liability for failure to perform this service, as it is intended merely as an aid to the Depositor and does not relieve the Depositor of its own duty to keep itself informed of information affecting its own portfolio. The Bank is hereby authorized to sip, on the Depositor's behalf, any declarations, affidavits, certificates of ownership, or other documents which are now or may hereafter be required with respect to coupons, registered interest, dividends or other income on Securities. THE DEPOSITOR HEREBY AGREES TO REIMMURM INDEMNIFY, AND HOLD HARMLESS, THE BANIC, ITS OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE (INCLUDING ATTORNEYS, -FEES AND COURT COSTS) THAT MAY ARISE By REASON OF TIIE EXECUTION OF ANY SUCH DOCUMENTS BY TEE BANIK. = = • 1" NRNa = fo 1" The Bank is authorized to collect, receive and receipt for the principal of all Securities when and as the same may mature, be redeemed, or be sold upon the order of the Depositor. The proceeds of such collections, as well as any other principal payments received for any Securities, will be credited to the Depositor's designated deposit account. The Bank will use commercially reasonable efforts to collect the Securities and other property at maturity and at dates of call for payment, but assumes no responsibility for its failure to do so and shall not be obligated to institute or participate in any legal proceedings relative thereto. The Bank will not be liable for the insolvency, or default in the payment of principal or interest or in the performance, of the issuer of any Securities. SECTION 4 MrKli � The Securities will be released only upon the Bank's receipt of written instructions from the Depositor. In the event the Depositor is a corporation or limited liability company, Securities will be released upon the instructions of such officer(s) as are authorized by corporate/company resolution ("Authorized Representative"), and the Depositor shall furnish the Bank on or before such withdrawal, certified copies of resolutions relating to or changing such authority, The Depositor expressly agrees that the Bank shall not be liable for any loss, damage, or liability resulting from the Bank's actions taken in accordance with instructions given to the Bank by an Authorized Representative. If the Depositor has delivered to the Bank Securities subject to a pledge, such Securities will be released only upon the receipt of (i) a written notice by the Depositor or an Authorized Representative, if requested by Bank, (ii) a written release of the pledgee, and (iii) a certificate of the Depositor certifying that the signature of the pledgee is authorized and authentic. SANANTON10 2980760 82600-03994 • The Bank shall exercise commercially reasonable care in receiving, holding and handling the Securities. The Bank will exercise the commercially reasonable care expected of a professional custodian for hire with respect to the Securities in its possession or control. (a) The Depositor shall provide the Bank with a written certificate signed by an Authorized Representative containing the specimen signatures of each person authorized to act and give direction on behalf of the Depositor. The Bank shall be entitled to rely upon such certificate until notified in writing otherwise by the Depositor. (b) The Bank is further authorized to rely upon any written instructions or instructions received by any other means and identified as having been given or authorized by any person named to the Bank as authorized to give written instructions, regardless of whether such instructions shall in fact have been authorized or given by any of such persons, provided that the Bank and the Depositor shall have agreed in writing upon the means of transmission and the method of identification for such instructions. Instructions received by any other means shall include verbal instructions, provided that any verbal instruction shall be promptly confirmed in writing. In the event verbal instructions are not subsequently confirmed in writing, as provided above, the Depositor agrees to hold the Bank harmless and without liability for any claims or losses in connection with such verbal instructions. Notwithstanding the above, instructions for the withdrawal of securities "free of payment shall be given only in writing, manually signed by any such authorized persons. (c) The Depositor may appoint one or more investment managers ( "Investment Managers ") with respect to the Account. The Bank is authorized to act upon instructions received from any Investment Manager to the same extent that the Bank would act 'upon the instructions of the Depositor, provided that the Bank has received copies of the instruments appointing the Investment Manager and written confirmation from the Investment Manager evidencing its acceptance of such appointment, or other evidence satisfactory to the Bank. (d) If the Depositor should choose to have telecommunication or other means of direct access to the Bank's reporting system for Securities in the Account pursuant to paragraph (e) ofSection 7, the Bank is also authorized to rely and act upon any instructions received by it through a terminal device, provided that such instructions are accompanied by code words which the Bank has furnished to the Depositor by any method mutually agreed to by the Bank and the Depositor, and which the Bank shall not have then been notified by the Depositor to cease to recognize regardless whether such instructions shall in fact have been given or authorized by the Depositor or any such person. The Depositor's delegates shall be named by a certificate provided to the Bank from time to time by the Depositor. (e) In the event that the Bank "shall receive conflicting instructions from Depositor regarding any particular transaction, the Bank shall have no duty to attempt to resolve such conflict, provided, however, the Bank may rely upon the instruction first received by the Bank and the Bank is hereby held harmless from all consequences of such reliance. • { 1 SANANTONIO 2980760 82600 -03994 (a) The Bank shall receive or deliver, or shall instruct any other entity authorized to hold Securities hereunder to receive or deliver, Securities and credit or debit the Account, in accordance with written instructions from the Depositor, The Bank or such entity shall also receive in custody all stock dividends, rights and similar securities issued in connection with Securities held hereunder, shall surrender for payment, in a timely manner, all items maturing or called for redemption and shall take such other action as the Depositor may direct in properly authorized and timely written instructions to the Bank. (b) All cash received or held by the Bank as custodian or by any entity authorized to hold the Securities hereunder as interest, dividends, proceeds from transfer, and other payments for or with respect to the Securities shall be (i) held in a cash account, or (ii) in accordance with written instructions received by the Bank, remitted to the Depositor. (c) If the Bank has in place a system for providing telecommunication or other electronic access or other means of direct access by customers to the Bank's reporting system for Securities in the Account, then upon separate written agreement between the Bank and the Depositor, the Bank shall provide such service to the Depositor. (d) During the Bank's regular banking hours and upon receipt of reasonable notice from the Depositor, any officer or employee of the Depositor, any independent accountant(s) selected by the Depositor and any person designated by any regulatory authority having jurisdiction over the Depositor shall be entitled to examine on the Bank's premises, the Securities held by the Bank on its premises, but only upon the Depositor's furnishing the Bank with properly authorized instructions to that effect, provided, such examination shall be consistent with the Bank's obligations of confidentiality to other parties. The Bank's costs and expenses in facilitating such examinations, including but not limited to the cost to the Bank of providing personnel in connection with examinations shall be borne by the Depositor. The Bank shall also, subject to restrictions under applicable law, seek to obtain from any entity with which the Bank maintains the physical possession of any of the Securities in the Account such records of such entity relating to the Account as may be required by the Depositor or its agents in connection with an internal examination by the Depositor of its own affairs. Upon a reasonable request from the Depositor, the Bank shall use its reasonable efforts to furnish to the Depositor such reports (or portions thereof) of the external auditors of each such entity as related directly to such entity's system of internal accounting controls applicable to its duties under its agreement with the Bank. (e) The Bank will transmit to the Depositor upon receipt, all financial reports, stockholder communications, notices, proxies and proxy soliciting materials received from issuers of the Securities, and all information relating to exchange or tender offers received from offerors with respect to the Securities. Proxies will be executed by the registered holder if the registered holder is other than the Depositor, but the manner in which the Securities are to be voted will not be indicated. Specific instructions regarding proxies will be provided when necessary, The Bank shall not vote any of the Securities or authorize the voting of any Securities or give any consent or take any other action with respect hereto, except as provided herein. The Bank is authorized to accept and open in the Depositor's behalf all mail or communications received by it or directed to its care. M In the event of tender offers, the Depositor shall mail or fax instructions to the Bank as to the action to be taken with respect thereto or telephone such instructions to the Depositor's account administrator at the Bank, designating such instruction as being related to a tender offer. The Depositor shall deliver to the Bank, by 4-00 pm., San Antonio, Texas time on the following calendar day, written confirmation. The Depositor shall hold the Bank harmless from any adverse consequences of the Depositor's use of any other method of transmitting instructions relating to a tender offer. The Depositor agrees that if it gives an instruction for the performance of an act on the past permissible date of a period established by the tender offer or for the performance of such act or that it fails to provide next day written confirmation of an oral instruction, the Depositor shall hold the Bank harmless from any adverse consequences of failing to follow said instructions. 4 SANANTONIO 298076v5 82600-03994 (g) The Bank shall promptly notify the Depositor of any calls for redemption, mergers, tenders, consolidations, reorganizations, recapitalizations, or similar proceedings affecting the Securities (other than those Securities registered in the Depositor's name) held in the Account, provided notice of such proceedings appears in standard New 'York financial publications or a service to which the Bank subscribes. The Bank shall not be liable for late presentation of such items when the Depositor has failed to timely instruct the Bank in writing. Should any Security held in a central securities depository be called for a partial redemption by the issuer of such Security, the Bank is authorized, in its sole discretion, to allot the called portion to the respective holders in any manner it deems fair and equitable. (h) The Bank shall present all maturing bonds and coupons for collection and is authorized to receive payment of income and principal on other items in accordance with their terms. All funds so collected shall be credited to the Account or remitted in accordance with the instructions of the Depositor. W The Depositor aelmowledges and agrees that the Bank shall not be liable for any loss or damage arising out of cause beyond the Bank's control. I OM M 01 EMINI Rol NJ H V V 1 The Bank shall not hold Securities which are issued by foreign governments or foreign companies or for which the principal trading market is located outside the United States hereunder. Should the Bank elect to hold such securities, such activities shall be governed by a separate agreement between the bank and the Depositor. EXPENSES FEES AND (a) The Depositor agrees to promptly pay upon receipt of an invoice from the Bank the fees and expenses set forth therein. Fees and expenses for the services to be rendered under this Agreement are set forth in Exhibit A attached hereto and incorporated herein for all purposes, as such may be amended from time to time, effective upon 30 days' prior written notice by the Bank to the Depositor. In addition, if the Bank advances securities to the Depositor for any purpose or in the event that the Bank or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of its duties hereunder, except such as may arise from or be caused by the Bank's or its nominee's gross negligence or willful misconduct, Depositor shall immediately reimburse the Bank, or its nominee, for such advances, taxes, charges, expenses, assessments, claims or liabilities, or replace such securities. (b) The Bank may, in its sole discretion, advance funds on behalf of the Depositor which results in an overdraft if the monies held in the Account are insufficient to pay the total amount payable upon purchase of Securities as instructed. Any such overdrafts shall be deemed to be a loan made by the Bank to the Depositor payable promptly upon demand and bearing interest at The Frost National Bank's prime rate plus two percent per annum from the date incurred. Notwithstanding anything contained in this Agreement to the contrary, the Bank shall have no obligation to advance funds on behalf of the Depositor. (c) The Bank shall have a lien on the Securities in the Account to secure payment of such fees and expenses, taxes, advances and other charges incurred under this Section 9. The Depositor agrees that the Bank's lien shall be a continuing lien and security interest in and on any Securities at any time held by or through it in accordance with this Agreement, for the benefit of the Depositor or in 5 SANANTONIO 298076x5 82600 -03994 which the Depositor may have an interest which is then in the Bank's possession or control or in possession or control of any third party acting on the Bank's behalf. Upon failure by the Depositor to cure any overdraft amounts, or to reimburse the Bank promptly after the request for payment, the Bank may immediately and without further notice dispose of Securities to the extent necessary to obtain reimbursement. The Bank shall have all of the rights and remedies of a secured creditor under the Uniform Commercial Code as in effect in State of Texas from time to time with respect to the Securities. (d) The Bank is hereby authorized to charge the Depositor's deposit account number 0199'31257 — for all fees and charges incurred or assessed hereunder. (Analysis) SECTION 10 lra M W luli July, H Ii Unless otherwise agreed in writing by the Depositor and the Bank, the Bank is under no duty to (i) advise the Depositor relative to the investment, purchase, retention, sale, or other disposition of any Securities held hereunder; (ii) supervise the Depositor's investments, purchases or sales; (iii) invest, or see to the investment of, any cash proceeds or other cash deposited hereunder and held by the Bank; or (iv) determine whether any investment or sale made for the account of Depositor is made in conformity with Depositor's requirements or understandings. The Bank's duties hereunder are strictly ministerial in nature and are limited to those duties expressly set forth in this Agreement. Nothing in this Agreement shall be construed to impose fiduciary responsibilities on the Bank, SECTION 11 &MW , xa The Bank undertakes to perform such duties and only such duties as are specifically set forth in this Agreement, it being expressly understood that there are no implied duties hereunder. In addition to other provisions of this Agreement, the Depositor agrees that the Bank (a) will be responsible only for the exercise of reasonable commercial standards of the banking business; (b) will not be liable for any loss or damage to the Securities when such loss or damage is due to any cause other than failure to exercise reasonable commercial standards, and in any event will not be liable for any decline in the market value of the Securities; (c) will not be considered an insurer against risk of loss, damage, destruction or decline in market value of the Securities; and (d) will not have liability to the Depositor with respect to the services rendered by the Bank pursuant to this Agreement until such time as the Securities are actually delivered to the Bank, it being understood and agreed that the Depositor bears the risk of loss with respect to shipment and delivery of the Securities to Batik. IN NO WENT SHALL THE BAND BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY (1) DAMAGES OR EXPENSES ARISING OUT OF THE SERVICES PROVIDED HEREUNDER OTHER THAN DAMAGES WHICH RESULT FROM BANK'S FAILURE TO ACT IN GOOD FArrn OR IN ACCORDANCE wrm THE REASONABLE COMMERCIAL STANDARDS OF THE BANIUNG BUSINESS OR (11) SPECIAL OR CONSEQUENTIAL DAMAGE, S, EVEN IF THE BANK HAS BEEN ADVISED OF THE, POSSIBILITY OF SUCH DAMAGES. In addition to any and all rights of reimbursement, indemnification, subrogation, or any other rights pursuant hereto or under law or equity, the Depositor hereby agrees, to the extent permitted by Texas law, to indemnify and hold harmless the Bank and its officers, directors, and agents (the "indemnified parties") from and against any and all claims, damages, losses, liabilities, reasonable costs, or reasonable expenses whatsoever (including attorneys' fees and court costs) which they may incur (or which may be claimed against them by any person or entity whatsoever) by reason of or in connection with (a) any untrue statement or alleged untrue statement of any material fact contained or incorporated by reference in the information supplied by the Depositor to the Bank or its nominee in connection with the performance of their duties under this Agreement or the related documents, or the omission or alleged omission to state in such information a material fact necessary to make such statements, in the light of circumstances under which they are or were made, not misleading; or (b) the SANANTONIO 298076v5 82600-03994 execution and delivery of this Agreement. If any proceeding shall be brought or threatened against any indemnified party by reason of or in connection with the events described in clause (a) or (b), such indemnified party shall promptly notify the Depositor in writing and the Depositor shall assume the defense thereof, including the employment of counsel satisfactory to such indemnified party and the payment of all costs of litigation. Notwithstanding the preceding sentence, such indemnified party shall have the right to employ its own counsel and to determine its own defense of such action in any such case, but the fees and expenses of such counsel shall be at the expense of such indemnified parry unless (i) the employment of such counsel shall have been authorized in writing by the Depositor or (ii) the Depositor, after due notice of the action, shall not have employed counsel to have charge of such defense, in either of which events the reasonable fees and expenses of counsel for such indemnified party shall be borne by the Depositor. The Depositor shall not be liable for any settlement of any such action effected without its consent. Nothing under this section is intended to limit the Depositor's payment obligations contained elsewhere in this Agreement. This section shall survive the termination of this Agreement. 00091 In addition to other rights granted to the Bank pursuant to the terms of this Agreement, the Bank is authorized and empowered in the name of and on behalf of the Depositor to execute any certificates of ownership or other instruments which are or may hereafter be required by any regulations of the United States or any state or political subdivision thereof, so that the Bank may fulfill its obligations hereunder as required in connection with any Securities. • 1' 1 t' Except as otherwise provided hereby, the parties may make amendments to this Agreement from time to time, provided that any such amendment shall be reduced to writing; provided, however, the Bank may, at any time, in its sole discretion amend any of the provisions of this Agreement upon thirty (30) days' prior written notice to the Depositor. SECTION 14 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 1 1 0' WM"N i This Agreement, along with a copy of the fee schedule attached hereto asExhibit A, constitutes the full and complete agreement between the Bank and the Depositor, and no other understanding or agreement, whether written or oral shall bind either of the parties hereto. The headings of Sections of this Agreement are for convenience only and have no effect on a party's responsibilities or liabilities. i • 1' 1 This Agreement shall be governed by the applicable laws of the State of Texas. SANANTONIO 298076v5 82600 -03994 xiav� WKNO I WLE IN • This Agreement may be terminated by either the Depositor or the Bank upon at least ten (10) days prior written notice to the other. The Depositor shall have a period of thirty (30) days from the date of the last and final accounting provided by the Bank to make any objection or claim, and failure to do so within the thirty (30) day period shall be deemed by the parties hereto to constitute accord an d satisfaction. As soon as practicable following termination of this Agreement, the Bank shall deliver all Securities to the Depositor in accordance with the Depositor's written instructions. W•� Any notice to be given or to be served upon any party hereto in connection with this Agreement must be in writing, and shall be given by certified or registered mail, facsimile transmission ("fax") or express courier and shall be deemed to have been given and received twenty-four (24) hours after a certified or registered letter or express courier package containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. Such notices shall be given to the parties hereto at the following addresses: If to the Bank: The Frost National Bank P.O. Box 1600 San Antonio, Texas 78296 Attention: Custody Services Department Facsimile No.: (210) 220 - 5986 If to the Depositor: Schertz Bank & Trust (Customer Account) EX. Box 300 Schertz, Texas 78154 Attention: Melvin F. do-11a Facsimile 140 1 L 0-945-7424 Any notices served by fax shall be deemed to have been given and received only when written confirmation of the receipt of such fax has been received by the sender. Any party hereto may, at any time by giving fifteen (15) days' written notice to the other party hereto, designate any other address in substitution of the foregoing address to which such notice shall be given. • WHININ 01 of RION • (a) This Agreement may be executed in any number of counterparts; each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. (b) Whenever the context hereof shall so require the singular shall include the plural, the male gender shall include the female gender and the neuter, and vice versa. SANANTON10 298076v5 82600-03994 (c) 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, 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. [(d) The Addendum to Safekeeping Agreement attached hereto is incorporated herein and made a part hereof for all purposes.] IN WITNESS WHEREOF, the parties thereto executed this Agreement as of the day and year first above-written, By: Name: Olga Aguilar Title: Assistant Vice President SANANTON10 2980760 82600-03994 DEPOSITOR: Schertz Bank & Trust (Custo e7 Account) By: Name:Melvin F. 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Z � :t i E LL. v v 2 2 N N j j i L BMW to I I'l 1 Site ID: 1111 Batch ID: 5504345025 Customer Name: CITY OF SCHERTZ kylygm affo Batch Name: batch#38495 060916 Id Type: ELECTRONIC • Batch Status: DELIVERED Processing Date: 2016-06-09 Company ID: 741469344 Submit Date/Time: 2016-06-09 04:35:38 Credit Items: 1 Debit Items, 10 Batch Control Information: Credit Total: $766.51 Txn Difference: -$0.00 Debit Total: $766.51 Credit Total: $766.51 Difference: -$0.00 Debit Total: $766.51 Item Count: 11 Report Time: 2016-06-10 01:36:55 Page 1 of 1 No= 114916103 51012 012 $766:51 Credit 314089681 00294968 3396 $58.60 0003 314089681 07432569 1240 $155.55 0003 114916103 0610 01111337 $59.74 0120 314089681 00595251 0642 $51.70 0003 114916103 8445 09012621 $42.84 0120 114000093 1528-020202452 $95.30 0003 113000023 488055963015 1076 $91.94 0003 314089681 01739928 4832 $80.62 0003 114916103 9723 0006053777 $41.30 0120 314089681 00562597 1801 $88.92 0003 Credit Items: 1 Debit Items, 10 Batch Control Information: Credit Total: $766.51 Txn Difference: -$0.00 Debit Total: $766.51 Credit Total: $766.51 Difference: -$0.00 Debit Total: $766.51 Item Count: 11 Report Time: 2016-06-10 01:36:55 Page 1 of 1 E ¢ rm E:s,y °,3 3 m5 Em mQ 3 ti, v aE mE O �E oU a E nE ¢off °i E.mm a o S E D o E? c o _ ¢mY Rio n3'm m tl w93 3 3 m 3 3 -33 3 E Eb o E E. j.v E _ E �3 E oE� 3a ET E E' m t 33E ro c oQ }'Eig E2 'E E t 3m E� 3 3m E 3m < E my =E3 E 5 3 S E _ 2. 3 - E`. 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Fi. - 3' 3 a 3: 0, VL 3 E at� EF FE. 6669-99C5L Xi SvTlVa OE G699 X09 Od 011IMMEMENNEW aMN30 301MAS (PAVO 33SS32300V AS GlVd AS IIIMAE)ViSOd 1� xi sv-nvcl ON lIVP:13d llvvq 6 -IS81A MEMEMEMINEWEEM SEEMIMEMEMEMIEW I '11VN Alz6dz' �Rl SS3Nsivslone MEMEMEMMEMEM = S3iVIS 03ilNn IN-E alll NI iEzz a gt;F- Qe 0311VV4 =11 ),'dVSG303N 3OViSOd ON 7S IN-E iEzz a gt;F- Qe 1E 7g :E oe W. 72 5 E E § g 7� �jfa E 2 f t3 Z 5: m Schertz Bank & Trust i AYE F' PLEASE CHOOSE ONE: D Preferred Paints Card D Standard Card ORTANT INFORMATION ABOUT PROCEDURES FOR OPENING AN ACCOUNT: To help the govemmentfight the funding of terrorism and money laundering activities, Federal .quires all ""ClIafinsthe ions to obtain, verdy, and record information that identifies each person who opens an account. T.THIS MEANS FOR YOU: When you open an account, we will ask for your name, address, date of birth, and other information that will alimv us to identify your We may also ask to see diner's licence or otheridentrfying documents. RED WI RESIDENTS: If you are:apptying for an Indmdual account or a joint account whh .someone other than your spouse, and your spouse also lives in Wisconsin, combine your cial fnformaUon with your spouse's financial informaUon.:You understand that we may be required to notly your spouse of this account. Maned Wisconsin residents must famish their (the cants) name arid social security number as well as the name and address of their spouse to TIB -The Independent Bard —Bank at P.O. Box 569120, Dallas, TX 75356 -9120. LESS NAME (BORROWER) BUSINESS ADDRESS STATE ZIP CODE LESS PHONE TAX IDS.` .RSHIP (CHECK ONE) D Sole Proprietorarep D Partnership D Private Corporation D Public Corporation D Non Profit f goods services provided: D In likkmi Billing D: Summary Billing with Sub Accounts istolship, palNershp or private corporation, have any of the principals ever filed for baniwptcy?DYes D No Number of years current management has operated business:. ss. Check this box if you would prefer to reeelvea Visa card. IMPORTANTI THE FOLLOWING INFORMATION MUST ACCOMPANY APPLICATION: IM YEAR END FNIAWIALSVOMMINCLIANGfl W2CESNEEr ANO WOMESfAIti IFAPPUCANTI5 ACOM RaJON, iNCIArE00JSa E sSIXN10N ANDA e-es OFMORPoRAM IFAPMcJV?T a A ofirNER ,, INCWOEaumceestl"AGREMIW art .In none a (Copy to make additional pages IT needed) I LIMIT REQUESTED DATE OF BIRTH SOCIAL SECURITY NUMBER r LIMIT REQUESTED DATE OF BIRTH SOCIAL SECURITY NUMBER TITLE I UMR REQUESTED . DATE OF BIRTH SOCIAL SECURITY NUMBER PPUCATION CERIIRCATION: Ereryliung that (Me has Sated Nis ko Is rtect N Na b t of my( ur WrmNNeiae LM'e wM rstand Nat'n 9 reia 1h W' a0 whether a not ft is appro'uetl. By slpi rig bebw a bormuer for I'ag ee my behalf tl by gs g balmy -half 'r b I gee behaH of the busirrass ntl n beM1aKof mysel! that you art itrorit bia tedR Arid emPloYm t infamatbn by rry p�tling tg {omfahO ho heck mdR pabng gent nN rm N m PW ho bmitted t btal cmtlR: lbu rtlay Main and m I ports lcredtt poRSl r tyre 'W" the d� o(aiyu2dthihreatProwda�dbng,.re �q, rexlentlin% the rt.ifiam grig myoV, nW. haHlunderstandNatnmyrepueriyouwliilellme ,hN INnoll'a+requesletl credR port dthenames C In addNon you may releua5e negative or fifi po Yal ay do so t N ti N_acwu t is pened, at arty Vme tMrle Ne k open ar fleritw nt I bsetl i(I a the W ,Wig y nI related to the po- sitlaeln(otmatlon to oNxrs abou[my ancUorthe. buvnessscredR history with you tM`a agree Nsapp�io3b (alit amany9urpmparty wheflwr NSapplmaYion is aPPmtad of r{oL arf a paimn 1 rMe..Ne obligation to Ne eretlito s In cuned.Imerese. m me C2onor umess are creonor, poor ro mo uma me Crean rs gamer, fs nnusneo a ropy o; me ageanmm, --m c, mcree or nas am.., an-mge OWNER, PARTNER OR PRESIDENT PARTNER OR SECRETARYfrREASURER X X PERSONAL GUARANTY AGREEMENT r«E1«rowo a�«.tla,+menm�«rapareama,v, ream« a' n+ eu�rm a «a�lpagam.aacyp,aaab.«�wnanowor u,a ; „ wh „+ten- a,re«ia.unu;s amramraama�amav aoau,aammunrs aawxt a. wmrae. are aa.�a eaa:ame om -crean oe. ;mra.P.aa„em naam maaa«wrarMaemm-a.�un:ary ama am eau wa a �«a rm �r�°w"a- .,an,� „a iu�ao-= rr° rarmarvrv�aamwwuamacd ,'vrl,�xao.,^.rnsraa ,aaa�s am aus wonaon aircaa�n «ma maw- di�nss.aw,ana c�aram«a area tt®t oara�,mn u,a§„�.be ._� - - >. _.__._._,_ _._.._. `mew � «xM tuw:amn �a �m«aM . aure� I aac ,a«a,at �ay. «an�rt r�.,rrcmm�rro o-,ea..Nr ,y r�m„a«m�,amn m«am �ra�ua�' qn lolalN era eNNaat ImPank'w[ are eAU•atlKmmtlarul '.W aMfo bar Aetl ty aiq+udG �dfMatoreail�rnnas � %sfwmNaaa,NaMNlte ebedeH �>eM1'e by GUaranWZ ysNl toreNmbevdY= xNra.RCUCnm VS �f6aMeavanBveCrt a eAnB ak SrarauY m'1�"a6mtonabM A.ay torsma aPanM wd s3A kas i� ti'sWd�` Im A-^. ud [E.r ob'ea cereNMa %reac�b4^v�,tetl �'euN bes,.zstyr ' amsgarw7.uM mrmm+m -eon lmewlmmmcwmstu ida�t mar aa!Pr r.Oroan«e«da NnMe mPan:a,a was s,ai a.,W+mmtae ma Lmx aM PraSMS tw g�anry hmrem cbr � �rarar,'aN �re aag: aare+4 pP+NA t'«rereankin rleu9aYla� mYxWaMaRexrc IN tzrefitaveF Pr= aw masa!Pe A'A' IN wi�F _ppNN 6rars�ta:d'M aM1Y -be'i q'&ar�ta.d°. �.mlmrfAela� mI:M 4mnemwa ehr6ke0mMa¢ IaaM krpalr «5+rvnah µp"+1 apcumrt«s frere rm #hw tl5ga. 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PFAt cons- AN OVDa3TNVpINGS, 1VflEiNa114Nf1EN OR GRN, FaIARNG i01XE FNiIER HaE0f 1116 GI65R4MY6 VllalpFp. aV W1AROiNM 8 rttaroM1 tin garanleetl'ndeswvwttreaam-sOagmWB S ar9' amts mabareNrdatl ny 83N:mwyaany MtntOMPtEiE PPNe S90N DFlHEifRMS FMEGOARaIVN ANO NO4WR5EQ.OEAtItiG eEl15"FFNGWA4MOR5 R IJOCWBSEAF F: U68 %mr++Y %�fazt5u9 afirttM tankry oVGUa IemuW;.a �4bcilYleauiNarm Re.sane �rypgA �E rtl RUDEPR:CnCCS MD NG EV6aYE�PPoOR�YIENY0.WNFGGS ORSIR5E0GENI GOLLAGa@A@ns 00 C:5CU5sbNs 'Stle pemme=a fa-a Mm agaai E«mxer '. �mmtz had smt (ySe BVIGFA 'CE OF ANY N4R.E SHaIt BE.DSED 10 �RN� ;VPR(SUPPIfMFMOR IM1GiNArtt"IEAFt GFMSGWMNIY w @marAa�t iesnM�M M.mRrb"I�M yna BaMfmder�nara�aramlmR aeae Falarcr6tlw pgm�ed vdMetl�f,wnr� INFaEAxEFb aWYAGRm.fea59EMEIIi GWRAMO25 AN00pNK rat m w'eazN. i' yrandnoawd« ms' erzna�' nraamaefmaaf« aI«« naiyi «aiaar�s «eEEOaWnlumb✓Ommmr•� �anaamaa� Signed on this day of , &mran0'. and VG �aM1A9 canL'nva eRa4.e eavi�aeryfagtduabtgaewmrvar. �artalna Ceam aaTyallM wd_vOaan'm,O,h BaarNryry Sad�Ma CxMm4iix be+iaxNaz, aMzd��rfiasaMlas ]abarci�saatl Ohle,aWrsa&xmmrm aartn:W are euAwy” tic' mtNe lnxamyaauch 6aaM laraci tlt9'Na Cnmlaa0anh EMPtDYEE CODE I I( f I I I I' INTERNAL USE ONLY: Bank# 4523 Nmtoe teed 5aipha uuuuu or numeric ehamct.rs) d v D CD �. �. -I Ju X nn, W t9 o. n ° .� n o C m m D D :5D 5 o°0 3 o° CL m o n o n @ @ O 0 p o 0 3 M° o C CD to Q a � D 0- co ° (G C N 3 @ a. @ @ _ tb N V1 'G @ N m @ N. W o @ D N @ m O O o m - - C. (A nD �- N �' W K ca (n Z to _ to to @ 0 Ni.. .. N 0 O to C t] to m N 25. co iz @ ... O :cG to Q O- t@n '� N 0, "O < to 7 V1 N II O 6 C C ° @ co =` Q @ ? O� � y N O C-) .w to a 3 cD c 3 ;T T C" @ O 3 c 9�3 to am @ - m ° ° - m' as Q ° 3 o m o . m 3 m w 3 w o m Cn cn @ t- o 3 o o. ; � @ o ID O O @ G a O N ID B N '0 N Q) rY ce -C. Ci - O 3 w O tn. @ Yn O DJ to ? @ N Q ce Q. G o @ S O (D to O ce C ce N O @ Ce N CD N it (4 a Q. o 3 3 y O Q l0 N N C;) tZ O OO O Q as CD O as CONFLIGT OF INTEREST QUESTIONNAIRE For vendor or other person doing bLiSinOSS with local governmental ent! This questionnaire reflects changes made u` the law 'xy H.B. iwn.Mmh4og, Regular Session. This questionnaire is being filed in accordance with Chapter 176.Local Government C bya person who has a business relationship e$ defined bySection ekooal governmental entity and the person rneets requirements under Section 176.006(a), By law dnks questionnaire must 6e filed w4th[herecondsodministmatormfthekocaigovmrnmenks| entity not later than the 7th b |n day after the date the person becomes aware nffacts that require the statement \obefiled, See Section 176,OnG. Local Government Code. A person commits an offense if the person knowingly violates Section 176.006^Local Government Code. An offense under this section is a Class C misdemeanor, Name of person who has a business relationship with local governmental entity. none ECheck mi box Vyou are filing an update tmu previously filed questionnaire, OFFICE USE ONLY Date Reoeived (The law requires that you file an updated completed questionnaire with the Rp hote filing authority not later then the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name nf local government officer with whom filer has employment ur business relationship. none Name of Officer This section (item 3 including subparts A, B, O be completed for each officer with whom the filer has on employment or other business relationship andefined by Section 176-0V1U'a). Local Government Code. Attach additional pages to this Form CIO as necessary. X Is the local government off ioer named in this section receiving m likely to receive taxable income, other than investment income, from the filer of the questionnaire? 1:1 Yes l No B- |n the filer ofthe questionnaire likely to receive *axable|ncome other than investment income, from cxat the direction of the local government officarnamnd in this section AND the taxable income is not received from the local governmental entity.? Elyes IENo C, Is the filer of this questionnaire employed by m corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? ElYes Y� No I). Describe each employment m business relationship with the local government officer named in this section. Wendy Signature of person doing business witt)be govem+t� eq'fily Date rAWL h 011 Adopted 06129/2007 - rm W09 Request for Taxpayer 1-0 (Rev, October it i Identification •® and Certification Ci 0 try Name (as shown on your income tax Business name, If different Schertz Bank &Trust Give form to the requester. Do not send to the IRS, Partners Check appropriate box: El IndIvIdU.I/Sole proprietor 0 Corporation f —1 ship Exeinipt Limited liability company. Enter the tax classification (0=disregaided entity, C= corporation, P=partnership) )� . ....... ❑ Payee Other ("m instructio-st I- Address (number, street, and apt, or suite no,) 510 Main Street City, state, and ZIP code Schertz, TX 78154 List account number(g) here (optional) name and address (optional) Enter your TIN in the appropriate box, The TIN provided must match the name given on Line 1 to avoid -i.clal security number i backup withholding, For Individuals, this is your social security number (SSN). However, ]or a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3, or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer Identification number number to enter. 1 74 : 0885350 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2, 1 am not Subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the Iris has notified rne that I am no longer subject to backup withholding, and 3. 1 am a U,S, citizen or other U.S, person (defined below), Certification instructions. You 1lust cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured properly, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you tarn not required to sign the Certification, but you must provide your correct TIN. Seekthe instructions on pAdb A. y ,,�L�, Sign Signature of y v / J Here I U.S. Person *�QendV Griffin wg Data 0. 5/17/16 General Instructions Definition of a U.S, person, For federal tax purposes, you are Section references are to the Internal Revenue Code unless considered a U,S. person if you area otherwise noted, o An Individual who is a U.S. citizen or U.S. resident alien, Purpose of Form o A partnership, corporation, company, or association created or organized in the United States or under the laws of the United A person who is required to file an Information return with the States, IRS must obtain your correct taxpayer Identification number (TIN) 9 An estate (other than a foreign estate), or to report, for example, Income paid to you, real estate • A dornestic trust (as defined In Regulations section transactions, mortgage interest you paid, acquisition or 301.7701-7)� abandonment of secured property, cancellation of debt, or contributions you made to an IR& Special rules for partnerships, Partnerships that conduct a Use Form W-9 only if you are a U,S. person (Including a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income resident alien), to provide your correct TIN to the person from such business. Further, in certain cases where a Form W-9 requesting it (the requester) and, when applicable, to: has not been received, a partnership Is required to presume that 1, Certify that the TIN you are giving Is correct (or you are a partner is a foreign person, and pay the withholding tax. waiting for a number to be issued), -Morefore, if you are a U.S. person that Is a partner in a 2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. 3. Claim exemption from backup withholding if you are a U,& status and avoid withholding on your share, of partnership exempt payee. If applicable, you are also certifying that as a income. U.S, person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on The person who gives Form W-9 to the partnership for foreign partners' share of effectively connected Income. purposes of establishing its U.S. status and avoiding withholding on its allocable, share of net income from the partnership Note. If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States is in the request your TIN, you must use the requester's form If it Is following cases: substantially similar to this Form W-9, 9 The U,S, owner of a disregarded entity and not the entity, Cal, No. 10231X Form W-9 (Rev, 10-2007) Form W-9 (Rev. 10-2007) Page 2 a The U.S. grantor or other owner of a grantor trust and not the trust, and a The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person, do not use Form W-9, Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of Income. However, most tax treaties contain a provision known as a "saving clause," Exceptions specified In the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who Is relying on an exception contained In the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of Income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the Income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions, 4. The type and amount of Income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States, Under U.S. law, this student will become a resident alien for tax purposes If his or her stay In the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U,S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualities for this exception (under paragraph 2 of the first protocoo and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8. What is backup Withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called "backup withholding," Payments that may be subject to backup withholding Include Interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if. 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part 11 instructions on page 3 for details), 3. The IRS tells the requester that you fumished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable Interest and dividends only), or 1 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9, Also see Special rules for partnerships on page 1. Penalties Failure to furnish TIN, If you fall to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false Information with respect to withholding. It you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Wlllfully falsifying cerrifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TiNs, If the requester discloses or uses TINS In violation of federal law, the requester may be subject to civil and criminal penalties, 111111111111111111111ill 1111111111 11111 111 Kii Eiiil 111111 11 1 11 1 If you are an Individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for Instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. It the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part of the form. Sole proprietor, Enter your individual name as shown on your Income tax return on the "Name' line. You may enter your business, trade, or "doing business as (DBA)" name on the "Business name" line. Limited liability company (LLC). Check the "Limited liability company" box only and enter the appropriate code for the tax classification ("D" for disregarded entity, 1101' for corporation, "P" for partnership) in the space provided. For a single- member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Regulations section 301.7701-3, enter the owner's name on the "Name" line. Enter the LLC's name on the "Business name" line. For an LLC classified as a partnership or a corporation, enter the LLC's name on the "Name" line and any business, trade, or DBA name on the "Business name" line. Other entities. Enter your business name as shown on required federal tax documents an the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name" line, Note. You are requested to check the appropriate box for your status (individual/sole proprietor, corporation, etc.). = I • •� If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the "Exempt payee" box in the line following the business name, sign and date the form. Form W -9 (Rev. 10-2007) � Page 3 Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following payees are exempt from backup withholding: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(t)(2), 2. The United States or any of its agencies or instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or 5. An international organization or any of its agencies or Instrumental Other payees that may be exempt from backup withholding include: 6. A corporation, 7..A foreign central bank of issue, 8. A dealer in securities or commodities required to register in the United States, the,D(strict of•Co(umbia, or a possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11. An entity registered at ail times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a), 13, A financial institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under section 664 or described in section 4947. The chart below shows types of payments that may be exempt from backup withholding, The chart applies to the exempt payees listed above, 1 through 15. IF the payment Is for.. . THEN the payment is exempt for, Interest and dividend payments All exempt payees except for 9 Broker transactions Exempt payees 1 through 13. Also, a person registered under the Investment Advisers Act of 1940 who regularly acts as a broker Barter exchange transactions I Exempt payees 1 through 5 and patronage dividends Payments over $600 required I Generally, exempt payees to be reported and direct 1 through 7 sales over $5,000' °See Form 1099 -MISC, Miscellaneous Income, and Its Instructions. aHowever, the following payments made to a corporation iinciudtng gross proceeds paid to an attorney under section 5045(f), even If the attorney Is a corporation) and reportable an Form 9098 -MiSC are not exempt from backup withholding; medical and health care payments, attorneys' fees, and payments for services paid by a federal exaoutive agency, w • ' • Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS Individual taxpayer identification number (ITIN). Enter It in the social security number box. If you do not have an ITIN, see Now to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single- member LLC that Is disregarded as an entity separate from its owner (see Limited liability company (LLC) on page 2), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLG is classified as a corporation or partnership, enter the entity's EiN. Note. See the chart on page 4 for further clarification of name and TIN combinations. Haw to get a TIN. If you do not have a TIN, apply for one Immediately. To apply for an SSN, get Form SS -S, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.ssa.gov. You may also get this form by calling 1- 800 - 772 -1213. Use Form W -7, Application for IRS individual Taxpayer Identification Number, to apply for an MN. or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov /businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W -7 and SS -4 from the IRS by visiting www.irs.gov or by calling 1-800-TAX-FORM (1 °800-629 - 3676). If you are asked to complete Form try -9 but do not have a TIN, write "Applied For" In the space for the TIN, sign and date the form, and give It to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIC! to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you Intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W -8. Part H. Certification To establish to the withholding agent that you are a US. person, or resident alien, sign Form W -9. You maybe requested to sign by the withholding agent even if items 1, 4, and 5 below indicate otherwise, For a joint account, only the person whose TIN is shown in Part I should sign (when required). Exempt payees, see Exempt Payee on page 2. Signature requirements. Complete the certification as indicated In 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. Form W-9 (Rev. 10 -2007) Page r$ 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations), 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and'Number To Give the Requester For this type of account Give name and SSN of, 1. Individual The individual 2. Two or more Individuals Qoint The actual owner of the account or, account) if combined funds, the first individual on the account' 3, Custodian account of a minor The Minor' (Uniform Gift to Minors Act) 4, a. The usual revocable savings The grantor - trustee' trust (grantor is also trustee) b. So- called trust account that is The actual owner' not a legal or valid trust under state law 5. Sole proprietorship or disregarded The owner entity owned by an individual For this type of account, Give name and EIN oft 6. Disregarded entity not owned by an The owner individual 7. A valid trust, estate, or pension trust Legal entity " 8. Corporate or LLC electing The corporation corporate status on Form 8832 9. Association, club, religious, The organization charitable, educational, or other tax - exempt , organization 10. partnership or multi- member LLC The partnership 11. A broker or registered nominee The broker or nominee 12. Account with the Department: of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 'ust first and circle the name at the person whose number you fumish. If only one person an a foist account has an SSN, that person's number most be furnished, zclrclo the minor's name and famish the minor's SSN. a You must show your Individual name and you may also enter your business or "DBA" name an the second name line. You may use either your SSN or EIN fit you have one), but the IRS encourages you to Use your SSN. ` list first and circle the name of the bust, estate, or pensiontrust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself Is not designated In the "account title.) Aiso see Speclaf rules foi partaemhlps on page 1. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, social security number (SSN), or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a jots or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. Call the iRS at 1 -800- 829 -1040 If you think your Identity has been used' inappropriately for tax purposes. Victims of Identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channdls, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll -free case intake line at 11-877-777-4778 or TTYfrDD 1- 800 - 829 -4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise In an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the iRS does not request personal detailed Information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts, If you receive an unsolicited email claiming to be from the IRS, forward'this message to phishing0irs,gov. You may also report misuse of the IRS name, logo, or other IRS personal property to the Treasury Inspector General for Tax Administration at 1- 800 - 366 -4484. You can forward susplclous emails to the Federal Trade Commission at: spam @uce.gov or contact them at www.consurrmer.gov/ldifiett or 1- 877- iDTi-IEFC(438- 4338). Visit the IRS website atwww.trsgov to learn more about identity theft and how to reduce your risk. Section 6108 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report Interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, or Archer MSA or HSA, The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this Information to the Department of Justice for civil and criminal litigation, and to cities, states, the District of Columbia, and U.S. possessions to parry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal Taws, or to federal law enforcement and intelligence agenclos to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply.. CITY OF SCHERTZ ATTACHMENT A 2016 Schedule of Proposed Fees Act i%m vohmues aia esthnates based on historical lesels. Tlie AFP Code for several of the services has boon protiided�%here a%ailab[e, Change as necessary_ Pricinu based on a%ailable information_ Challees in �ohmras, account 5lructtne and additional clarification of information nim adjum pricing, Additional ex ti ices mat be added at the City's request_ AFp Code* Service Unit Basis AVG MO/ Vol. Unit Bank Charge Explanatory Notes, as applicable 400000 Monthly Maintenance Per account /C 012300 FDIC Assessment (on Avg Ledger) Per quarter .0912 monthly /C 100700 Balance Reporting Module Per account 010000 Master Account Maintenance Fee Per account 1 10.00 010000 Subsidiary Account Maintenance Fee Per account 1 10.00 Intra -Day Reporting 010021 ZBA Account Maintenance Fee Per account /C 25.00 250000 010112 ZBA Account Transfers Per item 1 /C 010320 Account Research Fee Per hour Per account /overall 25.00 Perhour 450020 Investment Sweep - Master Per account 25.00 1 25.00 Investment Sweep - Subsidiary Per account Account Analysis Electronic Form 25.00 Per account 010110 Deposit Processing- Teller OTC Per deposit 135 /C 010100 Debits Posted Per item: 600 .10 Extended On -line Storage 010101 Credits Posted Per item 400 25 010703 Statements Rendered Per item /C 150401 Telephone Inquiry Per item Per item 50 Eight (8) free per statement clycle .50 thereafter 100001 Banking Center Deposits Per item 450 100400 Return Items Per item Night Drop Deposits 5.00 Per item 100402 Reclears Per item 100220 3.00 100430 Return Check Notice Fax Per item 5 /C Check Deposited - Transit 100700 Return Check Notice Internet Per item 5 /C 100228 100410 Return Item - Per Item Per item 5 30.00 Non Sufficient item fee 400800 Extended Storage > 90 Days Per item /r. 401003 1 Software Installation Fee One time /C 400000 Monthly Maintenance Per account /C 400699 Subscription Fee Per account /C 100700 Balance Reporting Module Per account 1 /C Prior Day Balance Reporting Per account /month 1 /C 4000OZ Intra -Day Reporting Per account /overall /C 250000 Positive Pay Module Per account /overall 1 25.00 150410 Stop Pay Module Per account /overall 1 30.00 Charged per stop payment, no charge for module Wire Transfer Module Per account /overall 1 25.00 Account Analysis Electronic Form Per account /C 400001 Detail Item fee (all modules) Per item /C 400800 Extended On -line Storage Per item /C 109999 Item Deposited Per item 100001 Banking Center Deposits Per item 450 .05 10001A Night Drop Deposits Per item 8 .25 100220 Check Deposited - On -us Items Per item 150 .05 100224 Check Deposited - Transit Per item 300 .05 100228 Check Encoding Charge Per item 450 /C 100000 Branch Deposit - Immediate Verification Per item /C 100007 Branch Post Verification Per item /C Page 1 CITY OF SCHERTZ ATTACHMENT A 2016 AFP Cash Vault Base Fee Processing Fee Per item AVG Unit Bank 100101 Standard Deposit Note Vault Service 2 Unit Basis MO/ 250102 Explanatory Notes, as applicable Code* 300 /C Vol. Charge Per item 20 /C ME 100010 W Per item 001099 One -time set -up or training fees 100012 One time 1 100.00 /C 001010 Monthly Maintenance Partial bag ofloose coin Permonth/site 300 25.00 001000 Monthly Equipment Leasing Per item Per month /C /A Scanner provided by bank ($740 Value) Coin Deposit Per deposit 10 /C 100144 Rolled Coin Furnished Per item 1 10 Per roll 250302 ACH Retuned items Per item 001010 Transit Items Per item 7,500 iC 1 001100 Remote Transmission - File 100102 Per file 150 /C /C 001110 Remote Transmission - Detail Branch Order Currency Strap Per item 7,500 /C Per Strap 100500 Scanner Rental Per item Per month 6 /C Scanner provided by bank, to be returned at account closing. 100100 Cash Vault Base Fee Processing Fee Per item /C 100101 Standard Deposit Note Vault Per item 2 /C 250102 Commercial Deposits - Vault Per item 300 /C 250102 Fed Ready Bags Per item 20 /C 100010 Full bag - loose coin Per item 2.25 100012 Plastic bag deposit Per item 25 /C 100013 Partial bag ofloose coin Per item 300 2.25 100047 Minimum change order Per item 2 /C 100101 Coin Deposit Per deposit 10 /C 100144 Rolled Coin Furnished Per item 1 10 Per roll 250302 ACH Retuned items Per item 5.00 100100 Currency deposit Per deposit 1 /C 100102 Currency deposit Per item 20 /C 10004A Branch Order Currency Strap Per item 1 60 Per Strap 100500 Deposit Corrections Per item 1 5.00 100401 Special Handling - Base Charge or Item Per month 1 /( 250110 IMonthly Maintenance (Base) Fee* Per month 25.00 250102 Origination of file - two day Per file 2 /C 250102 On -Us two day Per item 300 /C 250102 Origination per item Per item /C 250101 ACH Debit /Credits Originated Per item /C 250200 Electronic Debits Per item 25 /C 250201 Electronic Credits Per item 300 /C 250202 ACH Received item Per item 2 /C 250501 File Processing Per item /C 250120 ACH Addendum Record In/Out Per item /C 250302 ACH Retuned items Per item 5.00 250642 Deletions or Reversal charges Per item 1 /C 250502 Transmission Per file 2 /C 250401 Notification Per itent/file /C 251050 Fraud filter - Stop - Base fee Per account 1 C 251050 Fraud filter - Review - Base fee Per month 1 /C 251053 Fraud filter - Review - Per item Per item T /C 150030 IMouthly Maintenance (Base) Fee* Per month 1 25.00 150120 Positive Pay Posted Checks Per item 600 /C 150120 Positive Pay Rejects Per item 2 /C 150410 Per item charge with Partial Recon Per items /C Page 2 CITY OF SCHERTZ ATTACHMENT A 2016 AFP Code* Service Unit Basis AVG MO/ Vol Unit Bank Charge Explanatory Notes, as applicable 150122 Payee Name Verification Per item 600 /C 151100 Per item charge without Recon Per item FRB /C Per item 151351 Image Capture Per Item Per item 600 �C Additional fees may apply for international wires 150100 Exception Notification Per item 600 /C Securities Received/Del - DVP 150340 NSF Handling Fee Per item 600 /C 459999 200201 Transmission Per item 1 /r 200410 IMonthly Maintenance (Base) Fee* Per month 1 /C /C 151100 Monthly sort & list maintenance Per month 2 /C 151100 Serial sort and list Per item FRB /C Per item 200020 Partial recon monthly maintenance Per account 1 /C Additional fees may apply for international wires 150100 Full Recon detail Per item 600 /C Securities Received/Del - DVP 200120 Partial recon with positive pay per item 600 /C 459999 200201 Transmissions Per transmission 1 /C 200201 Transmission detail Per item 600 /C /C 200401 Deposit Recon - Per Detail Per item 650 /C 200300 Addenda Reporting Per item Custody per CUSIP/ Holding /C Per CUSIP 200301 Output File Per item 450102 /C 450000 IMonthly Maintenance Custody Per month Per month 25.00 /C 350300 459999 Clearing fees 2 10.00 /C Outgoing - Repetitive - automated 459999 FRB 25.00 Per item 350101 /C Per item 459999 DTC Additional fees may apply for international wires Per item Repetitive Instruction Storage /C 450102 Securities Received/Del - DVP 350124 Per item Per item /C 25.00 459999 Safekeeping Fees Wire Advices Faxed/Mailed Per item �C 450499 FRB Per Account Per item /C /C 450499 DTC Per item /C 450111 Custody per CUSIP/ Holding Per CUSIP /C 450102 Custody fixed income Per item /C Income Collection to DDA 450102 Income Collection - Coupons Per item /C 459999 Income Collection - Maturities Per item /C 459999 Income Collection - Calls Per item /C 150420 Stop pays - Manual Per item 130.00 150410 Stop pays - Automated Per item 1 1 13000 350300 jMontbly Maintenance Per month 2 25.00 350300 Incoming - Domestic Per item 2 10.00 350100 Outgoing - Repetitive - automated Per item 2 25.00 Additional fees may apply for international wires 350101 Outgoing- Non-Repetitive- automated Per item 25.00 Additional fees may apply for international wires 350551 Repetitive Instruction Storage Per item /C 350124 Wire book Transfer Internet initiated Per item 25.00 350411 Wire Advices Faxed/Mailed Per item 25.00 359999 Bank Init Account Debit Transfer Per Account /C Page 3 CITY OF SCHERTZ ATTACHMENT A 2016 AFp AVG Unit Bank Service Unit Basis MO/ Explanatory Notes, as applicable Code* Vol. Charge Per month 1 /C 150030 Imaging Maintenance 159999 CD ROM Maintenance 151399 CD ROM Service - Per Item Per item 750 /C 151353 CD ROM Service - Per Disk First CD 1 5.00 151352 Image Retrieval Per Retrieve Per item 15 /C 151352 Image Retrieval >91 days Per item 5 /C 1 /C Collateral Pledge Report 550160 Collateral (or excess) Fees (note basis) /C Monthly Maintenance (Base) Fee Per item 50 /C Schertz Bank. & Trust Business Debit Card 080400 080301 Card Issuance Fee Per item 4 /C 080100 Transaction Fee Per item 4 NIC 080000 License Fee Per item 1 /C Reporting Per item /C Late Fee/ Finance Charge /C Minimum Processing Fee Per montHoc 10.00 Perlocation Monthly Maintenance Fee Per month 5.00 Chargeback Fee Per item 20.00 Card Present Transactions Visa CPS -2 (Emerging Market) Intercharge % cost Association assessment % cost Total cost per item SS 0.05 Additional bank fee SS 0.05 MC Merit III Intercharge % cost Association assessment % cost Total cost per item SS 0.05 Additional bank fee SS 0.05 Card Not Present Transactions Visa CPS -2 (Emerging Market) Intercharge % cost Association assessment % cost Total cost per item SS 0.05 Additional bank fee s$ 0.05 MC Merit III Intercharge % cost Association assessment % cost Total cost per item $$ 0.05 Additional bank fee $$ 0.05 Debit Card processing Visa/MC (PIN) $ nterchange plus A 0 cents per transaction Visa (Non -PIN) 1 1.05 1.05 cents per transaction Page 4 CITY OF SCHERTZ ATTACHMENT A 2016 AFp AVG Unit Bank Service Unit Basis MO/ Explanatory Notes, as applicable Code* Vol. Charge Intercharge % Cost Association assessment % Cost Total cost per item ss 0.05 Additional bank fee ss 0.05 MC (Non -PEI) Intercharge % Cost Association assessment % Cost Total cost per item S$ 0.05 Additional bank fee S$ 0.05 Equipment Rent/Lease Terminal Permonth Below fees depend upon which terminal City needs /wants Printer Per month PIN pad Per month Check Reader Per month Imprinter Per month Software fee Per month Monthly Maintenance (Base) Fee Per month /C.,, 060001 Processing - Per Item Per item /C 060320 ATM cash withdrawal Per item /C 060324 Cash advance OTC Per item /C 060403 ATM Balance Inquiry Per item /C 010000 Overdraft Fee Per item /C Card origination Per item /C 060100 Enrollment Per card /C Notifications Per item /C 060101 Corrections Per item /C 060220 Replacement Fee Per card /C Safe De osit Box /C Add additional fees as necessary. Schertz Bank & Trust offers the below in lieu of Account Analysis fees: If the City maintains a combined average collected balance (checking and certificates of deposit) of $500,000.00, then there will be no Account Analysis fee charged to the account, however there could be vendors' costs, i.e.: Merchant Card Services, etc. Page 5 ERTZ BANK & ,,,,.TRUST COP L scheitz,Bank &, Trust is ]PPriored, to provide a bid for banking services forthe City of Soheiv.. This proposal provides ftic eilt and cost effective solutions for the City. SclJortz Bank & Trust will honor the terms of flus! proposal for one, hundred-twenty, (12,0) days from the submission date. Ile Cormijupity providing financial services to the public sector since ; and alt experieu�e(]!%taff; yoorprimary contact will be Wendy sting Officer, who will coordinate with our relationship team, to assist 1, -210- I be reached at the Bank at 210-945-7400 or her m6b;He nuinbot a partnership with each other. Our philosophy is to provide the best e rate. for the City of Schertz. Should you have any P.O. BOX 800 SCHERTZ, TEXAS 781'�54 Q210) '94� -i40o www,lschertzban!k.com MEMBER, FDIC CITY COUNCIL MEMORANDUM City Council Meeting: July 12, 2016 Department: City Manager Agenda No. 5 Subject: Resolution 16 -R -51 Approving the SSLGC Fiscal Year 2016 -17 Budget and other matters in connection therewith. (SSLGC Resolution #SSLGC R16 -10) Resolution SSLGC R16 -09 is attached with the SSLGC's approval of their FY201.6 -2017 budget. The FY201.6 -201.7 O &M budget is lower than the FY2015 -201.6 O &M budget. This is due in large part to a reduction in the water leases, as SSLGC purchased the Booth Property which was a large water lease payment, and Staff worked diligently to reduce a portion of its operational items. With the decrease in those line items, Staff was able to reduce the FY2016 -2017 O &M budget by over $600,000 from the current fiscal year's budget ($10,1.88,508 to $9,574,754). There is water rate increase included for FY2016 -2017 of $0.0511,000 gallons. This is a result of the uncertainty of future excess water sales, which have led to significant challenges and reassessments regarding SSLGC's long -term financial forecast. With the impending reduction /loss of excess water sales, additional rate adjustments are recommended beginning October 1, 2016. FY2016 -2017 budget reductions and debt schedules have worked to minimize the impact of the phasing out of the excess water sales (Dan Jackwn, Willdan/Economist.com). The last time that SSLGC raised the water rates was FY201.1- 201.2, this was a result of increased water lease payments ($0.08/1,000 gallons). It is the desire of SSLGC to have the FY201.6 -17 budget approved by the City of Schertz City Council. Goal To approve the SSLGC FY201.6 -17 water rates. Community Benefit The City of Schertz is a member of the Schertz /Seguin Local Government Corporation. It is through the SSLGC that the City provides water to it citizens and businesses. Approval of the water rates will ensure that the citizens and businesses of Schertz will continue to receive this vital service. Summary of Recommended Action. Staff recommends approval of the Resolution approving the SSLGC FY2016 -1.7 budget. 1. O & M Rates were increased by $0.0511,000 gallons 2. Debt Service increase was due to the Guadalupe Project RECOMMENDATION Staff recommends approval. ATTACHMENT Resolution 16 -R -51 Resolution # SSLGC RI 6-09 RESOLUTION NO. 16 -R -51 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION FISCAL YEAR 2016 -2017 ANNUAL BUDGET, 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 2016 -17 Annual Budget; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the budget 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 .........:..... Section 1. The City Council hereby authorizes the approval of the Schertz /Seguin Local Government Corporation Fiscal Year 201.6 -1.7 Annual Budget. 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 121h day of July, 2016. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) s • ' • STATE OF COUNTY OF , r. WHEREAS, in accordance with the Schertz /Seguin Local Government Corporation Bylaws, it is necessary to adopt a budget for the fiscal year 2016 -2017; and WHEREAS, a proposed budget • period commencing October 1 a ending September Director 2017 has been prepared by the Sche-ttz/Seguin Local Government Corporation Financial Officer and the City of Seguin of a the Board of Directors has considered the proposed • r• the budget for the fiscal year 2016 -2017 for the Schertz /Seguin Local Government Corporation is attached. NOW •' BE • r BY THE BOARD OF DIRECTORS OF LOCAL • ` NMENT CORPORATIO The budget for the fiscal year commencing October 1, 2016 and ending September 30, 2017 is hereby approved and adopted. a . . • • r • I :aa • t Ken Greenwald, President SIGNED ORIGINAL(S): 1. h i . :: a • Seguin FY 2014 -2015 FY 2015 -2016 FY 2015 -2016 FY 2015 -2016 FY 2016 -2017 Actual Budget 03(31116 Estimates Budget 063 - SSLGC OPERATING DEPT. 55 - SSLGC 11 - Salaries 063- 5500 - 110100 Regular Salaries 503,488.23 720,918.00 259,263.83 720,918.00 738,658.00 063 -5500- 112000 Overtime /On Call 33,836.69 50,000.00 14,518.36 50,000.00 50,000.00 -- 11 -Salaries Totals: 537,324.92 770,918.00 273,782.19 770,918.00 788,658.00 " 12 - Benefits 063 -5500- 121000 Payroll Taxes 39,091.86 54,191.00 19,895.91 54,191.00 60,357.00 063 - 5500 - 122000 Retirement 80,925.96 134,046.00 46,032.75 134,046.00 155,824.00 063 -5500- 123000 Health Insurance 71,951.09 113,859.00 45,587.22 113,859.00 110,796.00 063 - 5500 - 123100 Life Insurance 1,099.79 943.00 575.92 943.00 1,061.00 063 -5500- 124000 Workers' Compensation 5,874.30 16,500.00 4,533.52 16,500.00 11,158.00 12 - Benefits Totals: 198,943.00 319,539.00 116,625.32 319,539.00 339,196.00 32 - Professional Services 063 -5500- 320500 Professional Services 11,493.49 22,500.00 2,500.02 22,500.00 20,000.00 063 -5500- 321000 Annual Audit 13,775.00 15,000.00 0.00 14,000.00 15,000.00 063 -5500- 321200 Consultant Services 121,826.15 121,000.00 59,090.74 121,000.00 121,000.00 063 - 5500 - 321500 Attorney Fees 143,524.25 195,000.00 19,386.99 95,000.00 95,000.00 063 -5500- 321600 Landfill Opposition 366,520.60 300,000.00 290,294.94 450,000.00 200,000.00 32 - Professional Services Totals: 657,139.49 653,500.00 371,272.69 7029500.00 451,000.00 34 - Technical Services 063 -5500- 342100 Gonzales Underground Water Disrict 112,935.76 105,355.00 106,085.89 105,355,00 110,000.00 063 -5500- 342400 GCGCD Pennit Fee 39,018.30 55,188.00 25,754.38 68,000.00 175,000.00 063 - 5500 - 342500 GCUWCD Mitigan Fund Pyntt 62,285.00 76,908.00 0.00 76,912.55 150,000.00 063 - 5500 - 343000 Testing/Inspection Fees 20,642.11 11,700.00 8,798.90 15,000.00 25,000.00 34 - Technical Services Totals: 234,881.17 2499151.00 140,639.17 265,267,55 460,000.00 41 - Utilities Services 063-5500-411000 Electric 1,937,237.69 2,018,922.00 916,501.61 2,018,922.00 2,100,000.00 063 - 5500 -412000 Water 1,253.26 800.00 340.36 800.00 1,300.00 063 - 5500 - 413000 Sewer 1,073.30 800.00 323.11 800.00 1,000.00 063 -5500- 414000 Gas- Centerpoint 885.01 1,400.00 311.49 600.00 1,000.00 063 - 5500415000 Telephone Service 335.98 400.00 132.70 400.00 400.00 063 - 5500415100 Long Distance 357.96 400.00 142.65 400.00 400.00 063 - 55001115200 Telephone - Mobile Phone 3,119.99 3,500.00 1,511.00 3,500.00 3,500.00 063 - 55001115300 Internet Access 2,916.63 - 2,500.00 1,249.98 2,500.00 2,500.00 41 - Utilities Services Totals: 1,947,179.82 2,028,722.00 920,512.90 2,027,922.00 2,110,100.00 43 - Repair and Maintenance 063-5500431100 Office Maintenance- Equipment 665.03 5,000.00 0.00 2,500.00 5,000.00 063 - 55001132100 V &E Maint. -Motor Vehicles 8,113.92 14,250.00 2,574.87 14,250.00 14,000.00 063 - 5500432200 V &E Maint.- Machine & Tool 52,285.55 50,000.00 13,801.53 50,000.00 20,000.00 063-5500432300 V &E Maim. -Heavy Equipment 0.00 0.00 0.00 0.00 25,000.00 063 - 5500432400 V &E Maint.- Communications 43,467.70 31,000.00 21,221.31 31,000.00 30,000.00 063 -5500- 432500 V &E Maint. -Pumps & Motors 120,154.66 200,000.00 51,963.52 200,000,00 200,000.00 063 - 5500 - 433000 Buildings Maintenance 9,995.23 20,000.00 4,226.20 20,000.00 20,000.00 063 - 55001134601 L &I Maint. -WATER System 73,261.11 150,000.00 4,170.25 100,000.00 150,000.00 063 -5500- 436000 Property Maintenance 961.07 15,000.00 738.34 - 5,000.00 5,000.00 -, 43 - Repair and Maintenance Totals: 308,904.27 485,250.00 98,696.02 422,750 .00 469,000,00 44 - Rental 063- 5500441000 Equipment Rental 5,228.71 20,000.00 2,845.34 15,000.00 10,000.00 063 - 55001143500 Water Leases 2,234,065.80 3,000,000.00 1,129,376.85 3,000,000.00 2,500,000.00 44 - Rental Totals: 2,239,294.51 3,020,000.00 1,132,222.19 3,015,000.00 2,510,000.00 FY 2014 -2015 FY 2015 -2016 FY 2015 -2016 FY 2015 -2016 FY 2016 -2017 Actual Budget 03 {31116 Estimates Budget 52 - Insurance 063 - 5500 - 521000 Building /Auto Liability 32,000.00 46,000.00 46,000.00 46,000.00 46,000.00 52 - Insurance Totals: 32,000.00 46,000.00 46,000.00 46,000.00 469000:00 61 - General Supplies 063 -5500- 611000 Office Supplies 5,934.61 6,000.00 2,664.21 6,000.00 7,000.00 063 -5500- 612000 Postage 1,518.97 1,800;00 496.70 1,800.00 1,800.00 063 -5500- 613000 Operating Supplies 5,194.53 10,000.00 4,703.39 10,000,00 8,000.00 063 - 5500 - 613300 Chemicals 483,884.67 517,041.00 226,489.34 535,224.45 570,000.00 063 - 5500 - 613500 Laboratory Supplies 6,720.78 12,000.00 3,487.73 12,000.00 10,000.00 063 -5500- 614300 Safety Supplies 1,355.99 12,000.00 0.00 12,000.00 1,800.00 063 - 5500 - 616000 Uniforms 3,984,96 5,000.00 2,343.00 5,000.00 5,000.00 063 -5500- 618000 Minor Tools and Equipment 3,792.13 5,000.00 707.43 5,000.00 5,000.00 61 - General Supplies Totals: 512,386.64 5689841.00 240,891.80 587,024.45 608,600.00 62 - Energy and Fuel 063 -5500- 621000 Gasoline 14,645.51 25,000.00 4,138.78 15,000.00 20,000.00 62 - Energy and Fuel Totals: 14,645.51 25,000.00 4,138.78 15,000.00 20,000.00 66 - Education 063 -5500- 661000 Seminar Tuition 3,542.00 12,000.00 1,015.00 12,000.00 10,000.00 063 - 5500 - 662000 Certification Fees 444.00 2,400.00 0.00 2,400.00 1,900.00 063 - 5500 - 665000 Travel and Lodging 1,470.75 3,000.00 1,209.45 3,000.00 2,500.00 063 - 5500 - 665500 Meals 1,489.41 2,500.00 1,059.97 2,500,00 2,500.00 063 -5500- 666000 Dues 1,034.00 1,910.00 ULM 1,910.00 2,000.00 063 -5500- 667000 Subscriptions 111.00 500.00 0.00 500.00 300.00 66 - Education Totals: 8,091.16 22,310.00 4,105.42 22,310.00 19,200.00 67 - Public Relations 063 - 5500 - 671000 Public Relations 9,379.70 8,000.00 1,034.61 8,000.00 8,000.00 67 - Public Relations Totals: 9,379.70 8,000.00 1,034.61 8,000.00 8,000.00 70 - Capital Outlay 063 - 5500 - 706100 Mach. & Equip.- Office 1,126.12 10,000.00 1,116.00 5,000,00 5,000.00 063 - 5500 - 706200 Mach. & Equip. -Heavy Equipment 24,707.52 90,000.00 19,293.17 90,000.00 50,000.00 063 -5500- 707100 Transportation - Vehicles 0.00 60, 000.00 -27, 737.94 60,000.00 90,000.00 - 70 - Capital Outlay Totals: 25,833.64 160,000.00 48,147.11 155,000.00 145,000.00 82 - Intragvrmmntl. Transfers 063 -5500- 825700 Rate Stabilization Fund 000 0.00 0.00 0.00 500,000.00 063 -5500- 826100 Repair & Replacement Fund 800,000.00 7,000,000.00 500,000.00 1,000,000.00 600,000.00 063 -5500- 826200 Future Development Fund 500,000.00 831,277.00 415,638.50 831,277.00 500,000.00_ 82 - Intragvramntl. Transfers Totals: 19300,000.00 198319277.00 915,638.50 1,831,277.00 1,600,000.00 98 - Depreciation 063 -5500- 984500 Depreciation / SSLGC 706,975.00 0.00 0.00 0.00 0.00 98 - Depreciation Totals: 7069975.00 100 0.00 0.00 0.00 55 - SSLGC Totals: 8,7329978.83 10,188,508.00 4,313,706.70 10,188,508.00 9,574,754.00 oa; Seguin w I 0 A 1% 063 - SSLGC OPERATING DEPT, Revenue Charges for Services 063- 341002 Management Services -SSLGC Charges for Services Totals: Miscellaneous Revenues 063- 362030 Miscellaneous Revenues Miscellaneous Revenues Totals: Revenue Totals: SSLGC OPERATING DEPT. Totals: r • FY 2014 -2015 FY 2015 -2016 FY 2015 -2016 FY 2015 -2016 FY 2016 -2017 Actual Budget 03/31/16 Estimates Budget 8,020,106.28 10,188,508.00 4,313,706.70 10,188,508.00 9,574,754.00- - 8,020,106.28 10,188,508.00 4,313,706.70 10,188,508.00 9,574,754.00 0.00 0.00 402.82 403.00 0.00 0.00 0.00 402.82 403.00 0.00 8,020,106.28 10,188,508.00 4,314,109.52 10,188,911.00 9,574,754.00 8,020,106.28 10,188,508.00 4,314,109.52 10,188,911.00 9,574,754.00 CITY COUNCIL MEMORANDUM City Council Meeting: June 27, 2016 Department: City Manager Agenda No. 6 Subject: Resolution 16 -R -52 Approving the SSLGC Fiscal Year 2016 -17 Water Rates and other matters in connection therewith. (SSLGC Resolution #SSLGC R16 -10) Proposed water rates for the period commencing October 1, 2016 . and ending September 30, 2017 . have been prepared by the Schertz /Seguin Local Government Corporation (SSLGC). It is the desire of SSLGC to have these water rates for FY201.6 -17 approved by the City of Schertz City Council. Goal To approve the SSLGC FY201.6 -17 water rates. Community Benefit The City of Schertz is a member of the Schertz /Seguin Local Government Corporation. It is through the SSLGC that the City provides water to it citizens and businesses. Approval of the water rates will ensure that the citizens and businesses of Schertz will continue to receive this vital service. Summary of Recommended Action Staff recommends approval of the Resolution approving the SSLGC FY2016 -1.7 water rates. INVTG • ' • On 1. O & M Rates were increased by $0.0511,000 gallons 2. Debt Service Increase was due to the Guadalupe Project RECOMMENDATION Staff recommends approval. ATTACHMENT Resolution 16 -R -52 FY201.6 -1.7 Water Rates Resolution # SSLGC R16 -10 RESOLUTION NO. 16 -R -52 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION FISCAL YEAR 2016 -17 WATER RATES, 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 2016 -17 Water Rates; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the rates to ensure that the citizens and businesses of Schertz continue to receive excellent and vital water service. THAT: Section 1. The City Council hereby authorizes the approval of the Schertz /Seguin Local Corporation Fiscal Year 2016 -17 Water Rates. 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 121h day of July, 2016. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50506221.1 - 2 - • • •' • STATE OF COUNTY OF • ' • i M i' i i i ` it is necessary to set water rates to be assessed for the provision of the water in order to cover expenses; and the AWWA cash basis of ratemaking and adooted a minimum debt coverage ratio requirement of 1.25 or greater, w the water rate schedule for the fiscal year 2016 -2017 for the Schertz/Seguin Local Government Corporation is attached. NOW !` RESOLVED BY ;i '• OF DIRECTORS OF LOCAL i ' NMENT CORPORATION: a • . r a • •' MSNENERT 1 T. "Jake" 1 s, S, ' Bob OR Pees, Assistant Secretary M x A Greenwald, President SIGNED ORIGINAL(S): I SSLGC WATER RATES FOR FY2016-201 Effective October 1, 2016 1. Water Rate for Schertz and Seguin 2. Water Rate for Selma and Universal City Operations and Maintenance $0.87 Water Leases $0.73 Transportation $0.38 Cities Distribution Rate per 1,000 gallons Operations & Maintenance $0.87 Water Leases %L73 Rate per 1,000 gallons $1.60 Annual Debt Service Payment $200,000 4. Water Rate for Selma 2015 (Selma 2 Contract) 1 of 2 SSL,GC BOARD APPROTIED: Ou'-2-3-2016 Date/Time Printed: 7/8/2016 9:33:42 AIM rcf SSLGC WATER RATES FOR FY2016-201 Effective October 1 2016 Operations & Maintenance luil Rate per 1,000 gallons $0.87 *SAWS (SSLGC) — T1 Annual Debt Svc Payment $ 734,056 !*AM�201ZB-on&---M-Anw_*� TOTAL $2)244,244 6. Water Rate for SAWS — T2 Operations and Maintenanm Water Leases I WOMMM. r * SAWS — T2 Annual Debt Service Payment 911. M. *Note- The monthly amounts may vary in order to accommodate the due dates of the iebt service payment schedule. 2 of 2 S,VI-GCB0 ART) -1qPPR0VF,D: 06-23-2016 Date/Tinic Piintcd: 7/8/2016 9:33:42 AM rcf Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: July 12, 2016 Department: Public Works Subject: Resolution No. 16 -R -54 — A Resolution by the City Council of the City of Schertz, Texas authorizing on -call contracts with Advanced Water Well Technologies and Austin Armature for pump & motor maintenance services. :• '1 1 The City has various large water pumps that move water around the City from our Live Oak pump station to various storage sites and to residents and businesses. These pumps are essential to maintaining water service for drinking water, firefighting, industrial use, and irrigation use around the City, particularly during peak demand times. The Public Works Department operates two well sites and three booster stations throughout the City that require pumps and motors to push water through the system and into storage tanks for use by citizens and businesses. Presently, the City has the following pumps and motors at these various sites: East Live Oak Pump Station 3 High Pressure Zone Pumps and Motors 3 Low Pressure Zone Pumps and Motors Nacogdoches Well Site 2 High Pressure Pumps Deer Haven Booster Site 2 Booster Pumps Northcliffe Booster Site 2 Booster Pumps Ware Seguin Booster Site 2 Booster Pumps Any of the above pumps and motors could experience mechanical failure that would result in repairs. Typically, this is an urgent repair that the City would contact repair vendors based on their availability, their workload, and their experience. For this reason, the City would like to retain qualified firms to perform maintenance and repairs as needed. The project was publicly bid using a Request for Proposals (RFP). Two proposals were received for this project. Public Works recommends awarding on -call contracts to both qualified firms, Advanced Water Well Technologies and Austin Armature. This will provide for a back -up if one of the firms is not immediately available to provide service. Based on the nature and scope of the work, as well as, historical data, any one pump and /or motor maintenance project could cost upwards of $30,000. If there were two separate incidents in one fiscal year, the likelihood of exceeding $50,000 with one of these vendors is high. For this reason, we are requesting a not -to- exceed amount of $75,000 with each vendor per fiscal year. This will allow for a buffer amount in the event that more than 1 -2 pump or motor failures occur. Community Benefit To provide the best services at the lowest cost for labor and related materials for various separate and unrelated water pump and motor repair and maintenance as needed. Summary of Recommended Action Staff recommends Council authorize on -call contracts with Advanced Water Well Technologies and Austin Armature for pump & motor maintenance services. FISCAL IMPACT The fiscal impact of the project will not exceed $75,000 with each vendor per fiscal year. The services will be paid for from the Water Maintenance fund. RECOMMENDATION Staff recommends Council approval of Resolution 16 -R -54. ATTACHMENTS Resolution 16 -R -54 Exhibit A: On -Call Service Agreement for Pump & Motor Maintenance RESOLUTION NO. 16 -R -54 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ON -CALL CONTRACTS FOR PUMP & MOTOR MAINTENANCE WITH ADVANCED WATER WELL TECHNOLOGIES AND AUSTIN ARMATURE AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") requires water pump & motor maintenance and repair services on an as- needed basis to protect and ensure an adequate water supply system; and WHEREAS, two proposals were received through the sealed request for proposal process; and WHEREAS, City staff has determined that both Advanced Water Well Technologies and Austin Armature are qualified to provide such services for the City; and WHEREAS, City staff has recommended that the City accept both proposals for on -call pump & motor maintenance services and establish a not to exceed amount of $75,000 for each on -call firm; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Advanced Water Well Technologies and Austin Armature pursuant to the recommendation made by Public Works Staff. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS EW Section 1. The City Council hereby authorizes the City Manager to execute and deliver the contracts with Advanced Water Well Technologies and Austin Armature for on -call pump & motor maintenance services. 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 12th day of July, 2016. Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: July 12, 2016 Department: Development Services Subject: Ordinance No. 16 -S -19 — Conduct a Public Hearing and consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to amend the Comprehensive Land Plan by changing approximately 6 acres of land from "Highway Commercial" to "Commercial Campus" on the Future Land Use Plan. The area is generally located south west of the intersection of FM 2252 and IH -35, and is specifically described as 5.929 acres out of the Robert Martin & JNO.F. Walker Survey No. 113, Abstract 244, City of Schertz, Guadalupe County, Texas. (First Reading) Saigebrook Development is requesting to amend the Comprehensive Land Plan by changing approximately 6 acres of land from "Highway Commercial" to "Commercial Campus" on the Future Land Use Plan. This area of the Future Land Use Plan was evaluated with the most recent Sector Plan Amendment to the Comprehensive Land Plan that was adopted by City Council on July 16, 2013. The subject property is currently designated as "Highway Commercial" which is intended for regional scale retail and commercial uses that can take advantage of the highway frontage. The areas designated as "Highway Commercial" are located at major highway intersections to maximize access to the region and adjoining neighborhoods. It is characterized with a land use mix of mostly large format retail with restaurants and entertainment uses or mid - rise office buildings. It may also include lodging and related uses. The applicant is requesting to change the Future Land Use Plan for the subject area to "Commercial Campus" in order to allow for a multi- family development. The "Commercial Campus" land character is intended to encourage the development of lower intensity commercial and office uses in locations between major intersections as a buffer between the interstate highway and adjoining neighborhoods. "Commercial Campus" can also accommodate light manufacturing or flex office uses set in a campus like environment in addition to multi- family residential located at mid -block locations and as transitions between office/ light industrial uses and adjoining single - family residential uses. It is generally characterized by mostly office, City Council Memorandum Page 2 research, flex-office, and supporting uses, light industrial and assembly uses, educational and other institutional uses. In addition this category may include some multifamily uses at midblock locations and as a buffer between the highway and single-family neighborhoods only. As identified in the Comprehensive Land Plan, multifamily should generally be considered only in locations that may not be ideally suited for retail, office, or light industrial uses such as midblock locations, behind major commercial uses, and on sites with environmental constraints. In addition, multifamily uses should be incorporated and/or phased in with other retail and office uses. The applicant has submitted a concurrent rezoning application in which they are requesting to rezone this area to allow for a multi-family development. The public hearing notice was published in "The Daily Commercial Recorder" on June 24, 2016 and the "Herald" on June 29, 2016. Five (5) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on May 27, 2016. Staff has received I property owner response in favor of the request and I property owner response opposed to the request from the area within the 200ft notification boundary. A total of 7 responses have been received in favor of the request. A total of 544 people have submitted responses opposed to the request including a petition received June 8, 2016 containing 255 signatures and a second petition received June 17, 2016 containing 328 signatures. Public hearings were held at the June 8, 2016 and June 22, 2016 Planning and Zoning Commission Meetings. A total of 49 people spoke during the hearings. The comments generally made in favor of the request were: • The proposed apartment complex is not a subsidized rent facility • The complex would contain both restricted and unrestricted units. • All tenets are required to submit proof of employment and subject to a background check • Most residents are hardworking people trying to start over or just trying to live their lives • The residents of these apt complexes are not criminals • The apartments do not allow anyone with a violent record • The minimum qualifying income requirement is 2.5 times the rent • The project would improve sewer infrastructure for surrounding properties increasing their values • Affordable housing projects provide staffing for big box retail • There is a demand for this type of housing • Previous opponents of other affordable housing projects, years later, learn that their fears do not materialize. The comments generally made opposed to the request were: • Concern that there will be an increase in crime • Concern that there will be an increase in traffic • Concern that the development will add to the overcrowding of schools • Concern that the development will decrease property values • Apartment tenants do not have as much investment in the community as homeowners • Approving will result in a loss of commercial retail space • Concern with the lack of nearby public transit to serve the potential residents City Council Memorandum Page 3 • Concern with the lack of pedestrian routes to employment and essential services • Concerns with safety for children because there is no place to play and no sidewalks to go anywhere. • Concern that there will be an increase in noise in the area • Concerns with locating a multi - family project in an area with potential environmental hazards around. • Inadequate infrastructure to support multi - family development • Consideration of a project that is age restricted to seniors only • Concerns that the apartment complex will not be appropriately monitored and maintained by the owner • Letters from the charities are "form" letters and the same letters are provided on multiple projects • The proposal is not consistent with the Master Thoroughfare Plan or the Comprehensive Land Plan • There are existing Schertz residents that can fill available lower entry -level jobs On July 1, 2016, . Saigebrook Development submitted a letter to the City requesting a continuance of this item to the July 26, 2016 City Council meeting in order to provide additional time to respond to community concerns. They indicated in the letter they would be notifying the Belmont and Riata HOAs of their request to continue the case. Goal Saigebrook Development is proposing to amend the Comprehensive Land Plan by changing approximately 6 acres of land from "Highway Commercial" to "Commercial Campus" on the Future Land Use Plan, generally located south west of the intersection of FM 2252 and IH -35. This request is running concurrent with a request to rezone the same property from General Business (GB) to Planned Development District (PDD) in order to allow for a multi - family development. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action The proposed site is located at the intersection of FM 2252 and IH -35. There is existing commercial development to the west. The property to the east is currently undeveloped. There are several existing single family residential dwellings south of the property. The Master Thoroughfare Plan (MTP) identifies a continuation of FM 2252 south to Old Wiederstien Road along the eastern boundary of this property and the MTP also identifies a 60' east west collector road along the southern boundary of the property which is intended to serve as a commercial backage road. The subject property is ideally located for commercial /retail development being bounded by the extension of FM 2252, the 60' east west collector and IH -35. As identified by the Sector Plan Amendment to the Comprehensive Land Plan, the "Commercial Campus" land designation is intended to encourage the development of lower intensity City Council Memorandum Page 4 commercial and office uses in locations between major intersections as a buffer between the interstate highway and adjoining neighborhoods. The subject area is located adjacent to a major highway intersection in which commercial/ retail development is able to take advantage of the easy access to the highway. At these major intersections, "Highway Commercial" is the most appropriate land designation. The development of this area in accordance with the "Highway Commercial" characteristics promotes the Economic Prosperity and High Quality of Life policy values from the City's 2016 Strategic Plan. Commercial development of this area also furthers the City's goals of a stable, diverse commercial base, supporting the Economic Engine portion of the complete city model identified in the Strategic Plan. It is the opinion of Staff that this area is appropriately designated as "Highway Commercial" and thus recommends disapproval of the of the Comprehensive Land Plan Amendment request. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted public hearings on June 8, 2016 and June 22, 2016 and offered a recommendation of disapproval by a unanimous vote. Staff has no objection to the request by Saigebrook Development to table this item to the July 26, 2016 City Council Meeting at the discretion of City Council. Staff recommends disapproval of the request to amend the Comprehensive Land Plan. ATTACHMENT Ordinance No. 16 -S -19 Citizen Responses Letter Requesting Continuance ORDINANCE NO. 16 -S -19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE COMPREHENSIVE LAND PLAN BY CHANGING APPROXIMATELY 6 ACRES OF LAND FROM HIGHWAY COMMERCIAL DESIGNATION TO COMMERCIAL CAMPUS DESIGNATION ON THE FUTURE LAND USE MAP. WHEREAS, an application to amend the Comprehensive Land Plan by changing approximately 6 acres of land generally located south west of the intersection of FM 2252 and IH -35, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") from Highway Commercial Designation to Commercial Campus Designation on the Future Land Use Map has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.4.6.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on an amendment to the Comprehensive Land Plan (the "Criteria "); and WHEREAS, on June 8, 2016, the Planning and Zoning Commission conducted a public hearing and tabled the item to the June 22, 2016 Planning and Zoning Commission Meeting; and WHEREAS, on June 22, 2016, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, herby makes a recommendation of disapproval of the amendment to the Comprehensive Land Plan; and WHEREAS, on July 12, 2016 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current Comprehensive Land Plan is hereby amended to designate the area as shown and more particularly described in the attached Exhibit A and Exhibit B as Highway Commercial on the Future Land Use Map. 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 12th day of July, 2016. PASSED, APPROVED AND ADOPTED on final reading the 26th day of July, 2016. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) A 5.929 acre, or 258,275 square feet more or less, tract of land being a portion of that 7,748 acre tract described in deed to Trawick Womack and Nancy Womack recorded in Volume 2006, Page 133 of the Official Records, Guadalupe County, Texas, out of the Robert Martin & JNO. R Walker Survey No. 113, Abstract 244, in the City of Schertz, Guadalupe County, Texas. Said 5,929 acre tract being more fully described as follows, with hearings bascd on tile Texas Coordinate Systern established for the South Central one from the North American Datum of 1983 NAD 83 (NA201 1) epoch 2010.00; COMMENCING: At a found !/z inch iron rod on the southeast right-of-way line of Interstate I lighway 35, a variable width right-of-way, the north comer of as 4.3 acre tract described in (feed to Ronald Carrillo and Clare M. Carrillo recorded in Volume 1972, Page 62 of said iOfficial Records, the west corner of said 7.748 acre tract, and the west comer of Tract 2 (surveyed concurrently); THENCE: S 2639'50" _E, departing the southeast right-of-way line of said interstate Highway 35, along and with the northeast line of said 43 acre tract, the southwest line of said 7.748 acre tract, passing at a distance of 86,55 feet the southeast line of Comal, County line, the northwest line of Guadalupe County line, perTxDOT map VS, AT00 I 605AA — 19 & 20, continuing for as total distance of 139,95 feet to a set !/2 inch iron rod with yellow cap marked "Pape-Dawson" at the west comer of the herein, the south comer of said'rract 2, and the POINT OF BFGINNI IG THENCE: N 710464011 E, departing the northeast line of said 43 acre tract, along and with the southeast line of said Tract 2, over and across said 7.748 acre tract, passing at a distance of 101.10 feet a set V2 inch iron rod with yellow cap marked "Pape-Dawson" at the east corner of said Tract 2, continuing for a total distance of 454.68 feet to a set V� inch iron rod with yellow cap marked "Pape-Dawson" on as southwest line of that remaining portion of 133,2 acre tract described in deed to Elgin Ott recorded in Volume 236, Page 234 of the Deed Records of Guadalupe county, Texas, the northeast line of said 7,748 acre tract, for the north comer of the herein described tract; Page I of-2 TBPZ Wn ReqWvOun #470 1 T8FLS Fkm %lisvajon #10028800 X-4 8 1 n A n I o n i o I A U S I j n I H o (i q t o fi I F o f W o ( t h 1 0 n I 1 9 – , _"I, — IT Tran5portation I Water Resuurc8s I Land Development I Surveying I EnviranmaflLal 2000 NW Loop 410, San Antanit, TX 75213 T! 210,3759000 www-Pape-riawsan,com 5.929 Acres Job No, 9049-16 Pagge 2 of'2 THENCE S 26039'50" E, along and with the southwest line of said remainder of 133,2 acre tract, the northeast line of said 7.748 acre tract, a distance of 53&65 feet to a found iron red with cap marked "Ford Engineers" at a re- entrant corner of said portion of 133,2 acre tract, the cast corner of said 7.748 acre tract and the herein described tract; THENCE: S 62'46'02" W, along and with a northwest line of said ren-tainder of 133,2 acre, tract, the southeast line of said 7.748 acre tract, a distance of 449.77 feet to a set V-, inch iron rod with yellow cap marked "Pape-Dawson" at the cast comer of said 4.3 acre tract, the south comer of said 7.748 acre tract and the herein described tract, THENCE: N 26'39'50" W, departing the northwest line of said 133,2 acre tract, along and with the northeast line of said 4.3 acre tract, tire southwest line of said 7.748 acre tract, a distance of 609.87 rect to a the POrNT OF BEGINNING, and containing 5.929 acres in the City (if Schertz, Guadalupe County, Texas. Said tract being described in accordance with a survey made on the ground and a survey description and map prepared rider job number 9049-16 by Pape-Dawson Engineers, Inc. PREPARED BY: Pape-Dmvson Engineers, Inc. WffE! February 22, 2016 JOB NQ 9049-16 DOC ID, N:lS urvey 1 61 1 6-9000W049-I6M3rd\9049 -16 rN Tract I A= PAPE-DAWSON ENGINEERS ?A 0 Exhibit B "The Property" z je a % S � F Fy „ z � r J �y.. 9 n , a q y 4 s. Y l'�1 j �4h�CiIT 4�FWYpF ENS �waw. _ r :� � n cp'r -m n n-c;�.ncxv.., a.:.unn:. f aw � .r�.: ...; h� , • .,. � , ,.. ,._, i .- ,;.m,,,. s ...° ff-I u���� � SERVICE uo�oN,TY NOTICE DF PUBLIC HEARING Dear Property Owner, fLWNW0G &CVM&TD0Y DEVELOPWNT The Schertz Planning and Zoning Commission will conduct public hearings on Wednesday, June 8, 2016 at 680�m.located at the Municipal Complex Council Chambers, 1400 8ched Parkway, Building 94, Schortz' Texas to consider and make recommendation nn the following items: ZC2016^005 8 request to amend the Comprehensive Land Plan changing approximately 8 acres of land from "Highway Commercial" hu "Commercial Campus" on the Future Land Use Plan, The area is generally located south west of the intersection of FM 2262 and N_3S. and |uopeoNno|ly described ea5.A2Q acres out of the Robert Martin &JNO.F. Walker Survey No, 113, Abstract 244 City ofSubedz, Guadalupe County, Texas. ZC2U18-0U3 A request honazoAe approximately 8 acres W land generally located south west uf the intersection ufFM 2252 and |H~3S,from General Business ho Planned Development Dis The property b specifically described ea5.020 acres out ofthe Robert Martin & JNOY, Walker Survey No, 113, Abstract 244, City of Schertz, Guadalupe County, Texas, Because you are a property owner within hundred the Nod property, th Planning and Zoning Commission would like tohaorhmmyuufoe|about(hanomquanbmnd/nWtemyootna8eUd(hepuNiohoaringu.7his /brm is used /ocalculate the uumnntaoeofk0ohwmmo�/duuppwf and oppose You the �nnh�mwpdnrh» the Dn�pUbi� hearing d�a�hv mail m personal delivery k/ Bryce Cox, Senior Planner, 14V0Gchnrtz Parkway, Sohertz, Texas 78i54,bvfax Ud081Q^178D,orhye-mail bcoxftscher1z.com. Bryce Cox, CFM Senior Planner Reply Form |em: in favor of 0 opposed to O neutralto El the request for ZC2016-005 |om: in favor o, U opposed [] neutralto [] the request foxZQ2O1G-0O3 (OLEASE PRINT) GTREBADDRESS 1wmuchorLz Parkway + Schertz, Texas 78164 m�moxmm � °wwxzo*n COMMUNITY NUHHEIRTZ � OPPORTUNITY NOTICE OF PUBLIC HEARING May 27, 2016 Dear Property Owner, PLANyONG &CVDM0NITY DEVEMOPMENT d�0ku�h�� The °"'"'z Planning ~and Zoning Commission beo '^«0 �ob' Padoway hearings 8nUdino#4, Sohartz, Texas ho consider and make recommendation pn the following items: ZC206-005 A request to amend the Comprehensive Land Plan by changing approximately 6 acres of land from "Highway Commercial" to "Commercial Campus�'on the Future Land Use Plan. The area is generally located south west of the intersection of FM 2262 and IH-35, and is specifically described as 5,929 acres out of the Robert Martin & JNO.F. Walker Survey No, 113, Abstract 244, City of Schertz, Guadalupe County, Texas. ZC2Oi8-003 Amqunat to rezone approximately -` 0 acres of land generally located south west nf the intersection nfFM2 2S2 and |H'3S,from General Business Planned d [8 The property io specifically described uoS.B2O acres out ofthe Robert Martin &JN O .F. Walker 3 u Survey 113 , Abstract 2M4, City ofScbertz, Guadalupe County, Texas, Because you are a property owner within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about these requests and invites you to attend the public hearings. - This form is used to calculate the percentage of landowners that support and oppose the request, You may return the reply form below prior to tile first public; hearing date by mail or personal delivery to Bryce Cox, Senior Planner, 1400 Schartz Parkway, Schertz, Texas 78154, by fax Sincerely, Bryce Cox, CFM Senior Planner Reply Form O the request f��2M�� |a�� =� — opposed U neutralto O the request kxZC2M6-003 (PLEASE PRINT) STREET ADDRESS: 1400uchertzParkway + uchenTexasnnw + 210.619.1000 schert?!.Conl t�i�ci�•rr�i�� �� COMINW OR � SUPPORTING OUR WOUNDED TROOPS February 4, 2016 Janis Roznowski Operation Comfort 4900 Broadway, Suite 100 San Antonio, Texas 78209 TDHCA Tim Irvine 221 East 11th Street Austin, TX 78701 RE: Avanti Canyon Application # 16292 Dear Mr. Irvine: I am writing this letter to voice my support for TDHCA Tax Credit Application for the proposed affordable housing development, " Avanti Canyon," to be located East of IH 35, South of FM 2252, in Schertz, Texas, Guadalupe County. Operation Comfort is a tax exempt civic organization that serves the community in which the development site is located with a primary purpose of the overall betterment of the community. We believe that there is a need for housing that is affordable to citizens of modest means and this development will help meet that need. Sincerely, Janis Roznowski Founder & Executive Director 4900 Broadway, Suite 100 San Antonio, Texas 78209 Office 210 - 826 -0500 Fax 210 - 826 -0509 www.operationcomfort.org OFFICERS Torn Russell Chair I-ebruary 25, 2016 Alan Cenai(k Vi(e Chair Big Brothers Big Sisters Of South Texas John Du ref' Treasurer I "DHCA Tim Irvine Jeff Webb 221 Cast I 1 th Street Se(retary /Justin, TX 78701 Denise Rarkhurst President & CEO IZC: Avanti Canyon Application // 16292 Stott Duffy Immediate Pam thmlr 202 Baltimore Ave Antonio, Texas 78215 T 210.225,6322 F 210,225.1961 www.bigmentor.org Dcar Mr. II'ville: DIRLCIORS Marti Ashcroft I and writing this letter to voice lily support for TIT -IC's. Tax Credit /Application ror the: proposed affordable housing development, "Avanti Canyon," to be located Cast of 11135, Robbie Cal7pelta South ol'I�M 2252, in Schertz, Texas, Guadalupc Cotulty, lupila Corbeil Big Brothers Big Sisters of'South Texas serving Guadalupe County is a tax exempt civic tristinm Gun /mle/ organization that Sel'VeS the Co1111111illlty ill Which the &Veloprllellt site is located with a� primary purpose of the overall betterment of the community. We believe that there is a David Gonzalez heed for housing that is affordable to citizens of modest means and this development will Rill Haynie help Meet that need. Ken ileiring Sincerely, Laura linhari. Kistner Rudy Molleda \ Shannon Dixon Mario Muniz Branch Director Travis Nance Big Brothers Big Sisters for Comal and Guadalupe Counties Douglas A. Pone(k John Robertson Dan Suckley Robert Wy(koff AFFLIA1101,N: United Way of San Antonio' Big Brothers Bis Sisters of America" Funded in part by the Texas Department of Family and Protective S crviees' February 11, 2016 TDHCA Tim Irvine 221 East 11th Street Austin, TX 78701 RE: Avanti Canyon Application # 16292 Dear Mr. Irvine: I am writing this letter to voice my support for TDHCA Tax Credit Application for the proposed affordable housing development, "Avanti Canyon," to be located East of IH 35, South of FM 2252, in Schertz, Texas, Guadalupe County. Project MEND is a tax exempt civic organization that serves the community in which the development site is located with a primary purpose of the overall betterment of the community. We believe that there is a need for housing that is affordable to citizens of modest means and this development will help meet that need. Project MEND • 5727 IH 10 West, San Antonio, TX 78201 R210.2123.6363 F 210;223.6441 • www.projectmendl.org LIS= February 26, 2016 TDHCA Tirn Irvine 221 East 11th Street Austin, TX 78701 RE: Avanti Canyon Application # 16292 Dear Mr. Irvine: I am writing this letter to voice my support for TDHCA Tax Credit Application for the proposed affordable housing development, " Avanti Canyon," to be located East of IH 35, South of FM 2252, in Schertz, Texas, Guadalupe County. The Guadalupe County Children's Advocacy Center is a tax exempt organization that serves the community in which the development site is located with a primary purpose of the overall betterment of the community. We believe that there is a need for housing that is affordable to citizens of modest means, of which most of our clients are, and this development will help meet that need. Sincerely, OIIU4�1t&� Christy Williams Executive Director 424 N. River Street • Seguin, Texas 78155 (830) 303 -4760 • www.gccac.net cacti HEELTHE HEEL THE HEROES, HEROES-` 221 Scott Avenue, Universal City ,TY 782611 Dear Mr. Irvine: I am writing this letter to voice my support for TDHCA Tax Credit Application for the proposed affordable housing development, "Avant! Canyon," to be located East of IH 35, South of FM 2252, in Schertz, Texas, Guadalupe County. Heel the Heroes, Inc. is a tax exempt civic organization that serves the community in which the development site is located with a primary purpose of the overall betterment of the community. We believe that there is a need for housing that is affordable to citizens of modest means and this development will help meet that need. Sincerely, m Lyndon Villone Founder / CEO — AKC Evaluator — ABC -CPDT COMMUNITY SERVICIf n)CHHEIRTZ �- OPPORTUNITY NOTICE OF PUBLIC HEARING May 27, 2016 Dee[ Property Own PLANNING &CnbIA0NTIY The8chortz Planning and Zoning Commission will conduct public hearings on Wednesday, June 8, 2016 at 6.00 p.m. located at the Municipal Complex Council max/mym, /*uo ucnouz rerkwmy, Building #4, UuhaMz, Texas to O0OxNar and make recommendation on the following items: ZC20i6-005 A request to amend the Comprehensive land from "Highway Com0orcial"b/ "Commercial Campus" m/ the Future Land Use Plan. The area m generally located south west of the intersection ofFM2252 and |H-35' and io specifically described aS5,829 acres out of the Robert Martin &JNC\F. Walker Survey No, 113, Abstract �W� City of8ohe�� Guadalupe Counk\Texas, - ^ ZC2OiG^0O3 A request to razone approximately 6 acres of land generally located south west of the intersection of FM 2252 and I H-35, from General Business hSB\ho Planned Development Dist iP The �opedvisopauihoa||ydenodb8daaS.Q2Baums .Vtofthe Robe�K�arUD&JNO.F.Wa|�rSuM�/ No. 1i3^Absba��244`Qtxmf8cho ', Guadalupe County, Texas. Because you are a property owner within two hundred %0O\feet of th N o[ property, the Planning and Zoning Commission would like m hear how you feel about these requests and invites you to attend the public hearings, This form 18 used hncalculate the percentage of landowners that support and oppose the request, You may return the reply form below prior b the first public hearing date by mail or personal delivery to Bryce Cox, Senior Planner, 14008chertzParkway, Schertz, Texas 78154 by fax (210) 619-1789, or by e-mail bcox0schertz,com. Bryce Cox, CFM Senior Planner ' |am: in favor of O opposed toV O I am: in favor of 11 op�osed to neutral to El COMMENTS: on PRINT) STREET ADDRESS: �\ the request for2C2M6-0O6 the request for ZC201 6-0 03 SIGNATURE CW 14machortzParkway achortz' Texas nUs4 210.6191000 owertz.cum COMMUNITY SERVICE �)LJHHEIRUFZ �,, OPPORTUNITY NOTICE OF PUBLIC HEARING May 27, 2016 Dear Property Own PLAN0U'iG &C0ATy0yTry DLWELOPMENT The Schertz Planning and Zoning Commission will conduct public hearings on WednesdaV, June 8, 2016 at 6.00 p.m. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building, #4, Schertz, Texas to consider and make recommendation on the following items: ZC2016-005 A request to am, eOdhnCoNVehenokmLoDdHa8bvchuOgiUOappmx0anyGam[nsof and fV0"H/gh�ovCnmDnn[nie|"tn ''Cnm|neda!Ce0pUa"oAtheFUhJnoLaUdUaeP|aO. The.un*a is0eOeaK o'aednoUUhKmatofthaiD~--' -On[FK�22G2 aOd|H-3[, ands spedfoaUydesodbedmm5929aces uuLnfthe Rob*d 'ad|D&JND.F.VVa|ke[Gu--�\'-'-3,Ab��o 244 Ckvof8uhedzBuada|upeCuuOtkTaXao. ` �� . 1 ^ ' ZC2O18^O03 A request tu rezone approximately 6 acres of land generally located south west of the intersection ofFk82252 and /H-35,from General Business \Go/m Planned Development District (p The property io specifically described anO,829 acres out ofthe Robert Martin &JN0.F. Walker Survey No. 113^ Abstract 244` City ofDnhn¢z, Guadalupe County, Texas. Because you are a property owner within two hundred (yU@b*etofth N nt the would like to hear how you feel about these requests and invites you to attend the public hearings, This form is used to calculate the percentage of landowners that support and oppose the request You may return the reply form below prior to the first public hearing date by mail or personal delivery to Bryce Cox, Senior Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619-1789, or by e-mail bcox(aschertz.com, Bryce Cox, CFM Senior Planner Reply Form |e0: in favor of [] opposed to M� [] the request for Z[2U1G~UO5 |oN' ^ in favor of O ��� �1� — [] the request for ZC2016^003 COMMENTS: --e STREET ADDRESS: 4& DATE 1400 Sohertz Parkway Schartz, Texas 78154 + 210.6191000 * xchortz'Gum rc-1 COMMUNITY SERVICE �)CHIIEJRIFZ I OPPORTUNITY NOTICE OF PUBLIC HEARING May 27, 2016 Dear Property Own PLANNING &COARAUN= DEVELOPMENT TheOnheHrtz Planning and Zoning Commission will conduct public — � located n1 the Municipal Complex Council Chambers, 1400 uonenz Parkway, m�ay B u V|Ug �4, �ohe� |e��tn ou_ OxidoYand make recommendation oOthe following ibama| ZG20i6-805 A request to amend the Comprehensive Land Plan by changing approximately 0 acres of land from "H|ghwavCn00n[nia|"0z "Oomm�nio|0gNpon^nD(heFUtUmLaUdUuoP|an.Thne�aingoAen�|y|oCa�daoUOhweatoftho' intersection and IH-35, and is specifically described as 5,929 acres out of the Robert Martin & JNO.F. Walker Survey No. i13, Abstract 244, City ofGohedz. Guadalupe County, Texas, ZC2018~0O3 A request to rezone approximately 6 acres of land generally located south west of the intersection of FM 2252 and IH-35, from General Business 0FAhn Planned Development District The �apec|8m�|ydaochho6an6.S23 acres out ofthe F�beh/Na�inGJNO.F.Wa|�rGumeyNo, 113, Abstract 244,0tvnf�Sc.ertz, Guadalupe County, Texas. Because you are o property owner within two hundred (2OO) feet ofthe subject the P|oR�n0and Zoning Commission would |�eto hear how you �e|about these �qVen�and inW�syou ho attend Ue[Vb` hearings, This form is used /ncalculate the percentage of landowners that support and oppose the request You may return the reply form below ndn[tV the #OdpUbUc headDgdate hym�|orpa�uDalde|ive�tnB�ceOm� Senior P|aOna�14DO8uheUz Parkway, Qche��'— Texas 78154.hyfax (210) 619-1789, or by e-mail bcox@schertz.com, Bryce Cox, CFM Senior Planner Reply Form |aN: ��a�[of [] P�' [] the request fbrZC2U16^0U5 I am: in favor of El opposed to E4,"_ neutralto El the request for ZC2016-003 COMMENTS: (PLEASE PRINT) STREET ADDRESS: /6 )cS o JW1 3--�` 'A) 1�_ 140aohertzPumway ochertz'Texw7mo4 * umuRJmm umertzxvin COMMUNITY SERVICE n)CHHEIRTZ I OPPORTUNITY NOTICE OF PUBLIC HEARING May 27, 2016 Dear Property owner, £LAAINBI�G &C0MA0D= DEVELOPAMNT TbeSuhedz Planning and Zoning Commission will conduct oubic IOoated at the Municipal Complex Council u/axoom, /voo uonenz re0*8y, BV|N|OQ #4, GoUortz, Texas to nVDuide[ and make recommendation nV the following items: ZC2016-005 A request tu amend the Comprehensive Land Plan bv mll Goon* ofandfmm "H' hwavCummoma[to "C0mmeca|OampUe"nDhnFuh0raLa�dUsgPb0.Thnao�a� � euay| ' ooUUhwesoftho '~se' DnfFM 2J62 and IH-35, and is specifically described as 5,929 acres out of the Robert Martin & JNOR Walker Survey No, 113, Abstract 244, City of8nhodz, Guadalupe County, Texas, ZC2U1G^UU3 A request |o rezone approximately 6 acres of land generally located south west of the intersection ofF[W2252 and |H-3G'from General Business (GB) ho Planned Development Dist The property io specifically described en5,92B acres out ofthe Robert Martin & JNOF, Walker Survey No, 113, Abstract 244, City of Schertz, Guadalupe County, Texas, Because you are a property owner within two hundred (20 of the subject the Planning and Zoning Commission wnu�like tn hear how you feel about �eom�gUea�and |n�hmyou ho attend the public -heahUge.7hIs form is used b7calculate the percentage of landowners that support and oppose the request You may return ' thereply form below prior to the first public hearing date by mail or personal delivery to Bryce Cox, Senior Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619-1789, or by e-mail bcox(@scherfz,com, Bryce Cox, OFM Senior Planner |a0: |e0: Reply Form in favor of 11 opposeD1\o lo/, [] �enoqV��for ZC2Oi8'O05 in favor of 11 opposed to COMMENTS: COMMUNITY SERVICE L"FIERUZ 1, OPPORTUNITY NOTICE QF PUBLIC HEARING May 27,2018 Dear Property owner, PLANNING & CO&DT=Y DEVELOPMENT TheSchortz eOd Co00�n�Dw�nokdun ruoxmY� Zoning conduct located at the Municipal Complex Council 0ha�bo�. �4UO DChed� Building ~r~ r*/^nuy, /w//g #4, ou/ou4 Texas to consider and 08ko recommendation oO the following items: ZC20i8^O0S A request to amend the Comprehensive Land Plan by changing approximately G acres nf land from "HighwovCn0me0�a|"to "Oo00en�e|Campus" nK the FidU[aLand Use Plan, The ema|ageUem| dno�hvN*n ofUbe' intersection end |H3 iospodficmUy described ea5.B20 acres out oƒ the Robert Martin &JND.F. Walker Survey No, i13, Abstract 244' City ofGnhertz, Guadalupe County, Texas. ZC201G~003 A request to rezone approximately 6 acres of land generally located south west of the intersection of FM 2252 and IH-35, from General Business io Planned Development District 0` The property |o specifically described aeS,33A acres out ofthe Robert Martin &JNO.F. Walker Survey No. 113, Abstract 244^ City ofOnho z Guadalupe County, Texas, Because you are a property owner within two hundred (20O) feet nf the subject property, 0lap|nOO}n8aVdZnoing Commission would like fo hear how you feel about these requests and invites you 0o attend the 'Dbic hearings. This form b used h/calculate the percentage o/ landowners that support and oppose the You may return the reply form below prior 0o the first public hearing date by mail or personal delivery to Bryce Cox, Senior Planner, 1400 Schertz Parkway, GnheAz, Texas 78i54.bvfax (210) 619-1789, or by e-mail bcox0schertzcom. Bryce Cox, CFM Senior Planner OTREETADDRESG: ux|t: 1400 Schertz Parkway och^rtz' Texas nU*m * 210a9.1000 _11C emmrtz.com R�v�� |om� O V O the request /orZC201G-00S |am: in favor of O opposed to V neutral to U the request for ZC20 COMMENTS: 'o (PLEASE PRINT) OTREETADDRESG: ux|t: 1400 Schertz Parkway och^rtz' Texas nU*m * 210a9.1000 _11C emmrtz.com COMMUNITY �)LJH1JEJRff7/ � OPPORTUNITY NOTICE OF PUBLIC HEARING May 27, 2016 Dear Property owner, � PLANNE'4G &C0&A0NTrY DEVELOPYMNT The SoheHtz Planning and Zoning Commission will conduct public �o�d �t�M��p� C��|� Council Ch��o� bNO 8� � Parkway, -==== , anz '--'' V/|V|Og �k GoUn�� �[eXao(o consider and make recommendation on the following items: ZC2018-O05 A request to amend the Comprehensive Land Plan by changing approximately 6 acres of land from "Highway Commercial" to "Commercial Campus" on the Future Land Use Plan. The area iogene|o|�|u:�edonVUl west ufNe��0ecdonofRN2252 and |H'3S, and �apa�ficaUydaschbedeuS.S28anms out of the Robed ' Martin &JND.F. Walker Survey No. 113'Abstract 244, 0 � h/of8nh�z,GVeda|upeCouof&TeXao, ZC2D18~0U3 A request to rezone approximately 6 acres of land generally located south west of the intersection of FM 2252 and [H-35, from General Business GB)to Planned Development Di8tri PDD ), The pmp*dxiaapao|NoaUydamohbedes5.82Qocmu out ofthe Robe�K�a�in8JNO.F Walker 8UNeyNo, 113.Abuba�244, City nfSrhe '. Guadalupe County, Texas. Because you are e property owner withiM two hundred of the ` subject property, thoP|aUQiOgaDdZo�D'ngCoMMissxinO would like 10 hear hmWyoU feel about these requests and invites you to attend the public hearings, This form used /bcalculate the tage of 6andown that support and oppose the request You return the reply form below prior to the first public hearing date uy mail u/ personal delivery m Bryce Cox, 'Senior Planner, 14UUSoheUz Parkway, Gchertz, Texas 78154,byfax C210\819478Q,orbye-mail . Bryce Cox, CFM Senior Planner |am: in favor of [] 2P ed to Reply Form neutralto [] the request uno hxZ[2018-005 |em: I [] � the 1orZC2016-003 Comm STREET ADDRESS: 140 ochortzparxnay Schertz, Texas nxw 210m191000 * omwrtz�com tr--A COMMUNITY ��Lr�l \ �C1 L SERVICE OPPORTUNITY NOTICE OF PUBLIC HEARING May 27, 2016 Dear Property owner, PLANNING & CONIATUNffY DEVELOPMENT The Schertz Planning and Zoning Commission will conduct public hearings on Wednesday, June 8, 2016 at 6:00 p.m. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to consider and make recommendation on the following items: ZG2016-005 A request to amend the Comprehensive Land Plan by changing approximately 6 acres of land from "Highway Commercial" to "Commercial Campus" on the Future Land Use Plan, The area is generally located south west of the intersection of FM 2252 and IH-35, and is specifically described as 5.929 acres out of the Robert Martin & JNO.F, Walker Survey No. 113, Abstract 244, City of Schertz, Guadalupe County, Texas, ZC2016-003 A request to rezone approximately 6 acres of land generally located south west of the intersection of FM 2252 and I H-35, from General Business (GB) to Planned Development District (PDD). The property is specifically described as 5,929 acres out of the Robert Martin & JNO,F. Walker Survey No, 113, Abstract 244, City of Schertz, Guadalupe County, Texas, Because you are a property,owner within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about these requests and invites you to attend the public hearings. This form Is used to calculate the percentage of landowners that support and oppose the request You may return the reply form below prior to the first public hearing date by mail or personal delivery to Bryce Cox, Senior Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619-1789, or by e-mail bcoxCa)schertz.com. Sincerely, Bryce Cox, CFM Senior Planner Reply Form I am: in favor of n opposed to X neutral to ❑ the request for ZC2016-005 I am* in favor of ❑ opposed to A neutral to ❑ the request for ZG2016-003 COMMENTS: ,-o a:)_ NAME: T SIGNATURE (PLEASE PRINT) STREET ADDRESS: Y 0 Z'h, L, 3 DATE: / ( Q I// (" — PHONE: 1400 Schertz Parkway Schertz, Texas 78154 210.619,1000 X schertz.corn Ir"I COMMUNITY n)CHHERTZ SERVICE OPPORTUNITY NOTICE OF PUBLIC HEARING May 27, 2016 Dear� PlANNiYG &C0yDvjNJIy DBYELOPYMNT ThmSohertz ��Z��o�om0�o�nw0c�dV��N� .,,.� _" ,_� hearings on ai6.0K}lp.ILlocated at the Municipal Complex Council Chambers, 1408chortz BU - ' ' —� consider and make recommendation VO the following items: — ZC2O16-0O5 Amguest to amend the Comprehensive Land Plan bv changing approximately 6 acres of land from "Highway Commercial" to "Commercial Campus" on the Future Land Use Plan. The area is generally located south west of the intersection of FM 2252 and IH-35, and is specifically described as 5,929 acres out of the Robert Martin & JNO,F, Walker Survey No, 113, Abstract 244, City of Schertz, Guadalupe County, Texas. ZC2016-OD3 A ��� mX� ^., .^"~.."" am,y" acres m land generally located south west cn the intersection o1F/N2252 and |H-35.from General Business /GF0to Planned Development District /PD[8. The p�per�inapeci8oe/ydonodbodou6.828aomn out ofthe Robe�Mo�in&JNO`P.VV��r8onx� No. 113`Ahnba��24�� City nfSohe ' Guadalupe County, Texas, Because you are n property owner within two hundred (20@ feet of the ouN*(�p�@a��the Planning and Zoning Oomm�mion would i�etn hear how you �e about �eao[a � invites � h3 ' Ul '- the percentage of landowners that support and oppose the request You may return the reply form below prior to the first public hearing date by mail or personal delivery to Bryce Cox, Senior Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619-1789, or by e-mail bcoxP-schertz.com, Bryce Cox, CFM Senior Planner |em: in favor of [] opposed to V I am: in favor of O opposed to EX (PLEASE PRINT) STREET ADDRESS: Reply Form [autIalto [] the request for Z%C201G^805 �e_utralto[J the request for ZC2Vi6-003 140nohertzrark«ay achertz' Texas rMo4 * e10,619J000 -A oueuz,umn - ,J L / ��� =^^^ `/` ' COMMUNITY SERVICE H [ I F I R I F 711 OPPORTUNITY May 27, 2016 Dear Property Owner, yLANNDNG &CO80BMTY DEVELOPMENT Thm8nhertz Planning and Zoning Commission will conduct public h ' located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schortz, Texas to consider and make recommendation on the following items: ZC2O16-OO5 A request to amend the Comprehensive Land Plan by changing approximately 6 acres of land from "Highway Commoucie|"tn "Commercial Campus" on the Future Land Use Plan, The area is generally located south west of the intersection ofRN2252 and |H-35, and iaepeoifio@i|y described ao5.U2Q acres out of the Robert Martin &JN0.F. Walker Survey No. 113, Abstract 2d4' City of88hedz. Guadalupe County, Texas, ZC2O1G~0O3 A request to rezone approximately 6 acres of land generally located south west of the intersection of FM 2252 and I H-35, from General Business kG0to Planned Development District (PD The property iaopaoifioa!h described zs5.829 acres out ofthe Robert Martin & JNO.F. Walker Survey No. 113, Abstract 244, City of Schertz, Guadalupe County, Texas. Because property owner within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like tn hear how you feel about these requests and invites you hz attend the public hearings, This farm is used h7calculate the percentage of landowners that support and oppose the request You may return the reply form below prior h0 the first public hearing date by mail or personal delivery bo Bryce Cox, Senior Planner, 14UOSohedz Parkway, 8ohertz,Texaa78154.bvfax (210) 619-1789, or by e-mail bcoxAschertz,00m, Bryce Cox, CFM Senior Planner Reply Form |am: in favor of [] opposed to 9 neutralto [] the request fo[ZC2016-OO5 |om: in favor of O opposed to q neutralto O the request for ZC2010-003 COMMENTS: -— (PLEASE PRINT) STREET ADDRESS: DATE: (0- PHONE:60 1wmochortzParkway + uchartz' Texas m15* 210,619x000 ummrtz.cmn COMMUNITY SERVICE C"HIERTZ � OPPORTUNITY NOTICE 0P PUBLIC HEARING May 27, 2016 Dear Property owner, PLANNING &COMyTJNUY DUELOPAUNT TheGchertz Planning and Zoning Commission will conduct public hearings on Wednesday, June 8, 2016 at 6:00 p.m. at the oomovipm Complex,Council uqamuno. 1400 SoDn[tz Parkway, BU|N|UO #4, Sohndz Texas to consider and make recommendation cm the following items: ZC2U18~00S A request |o amend the Comprehensive Land Plan bV changing approximately U acres nf land from "HighwmvCommercial" ho "OoOn0o�j�CampOo"cmtheFUhgraLaDdUnaP|an.ThaamainOeOe;s||Y|On�edsoUUhVmatofthe' -intersection and /H-35, and iaepooifioe||y described aeS.Q28 acres out of the Robert Martin &JNO.F. Walker Survey No, 113' Abstract 244 ` C1�of3ohedz, Guadalupe Couu�,Texas. � ZC2018^003 A request 10 rezone approximately O acres pf land generally located south west of the intersection ofFM2262 and |H^35,from General Business m Planned Development District (PD The property iu specifically described sm5,92S acres out ofthe Robert Martin & JNO.F. Walker Survey No. 113, Abstract 244, City of Schertz, Guadalupe County, Texas. Because you are uproperty owner within two hundred /yOO\ feet of the subject property, the Planning and Zoning Commission would like bo hear how you feel about these requests and invites you hn attend fhepub�hmahOQo.Ihis form /b used k/calculate the percentage of landowners that support and oppose �q uest,You may return the reply form below prior brthe public heahOgd�ebvOnai|nrpemnDe|da|ive�h)B�coCo� Senior PkanUe�j4OOSch*dzP_xva,'Sohe�z,T�as78164,-,'fax C21CA81U'1789,o[bye-mail Bryce Cox, CFM Senior Planner |am: |am: RenlyFunn in favor of D opposed to R neutral to O the request for ZC2016-005 in favor of U opposed to 10 neutral to O the request forZC2Ui6-O03 COMMENTS: OTREBAD0RES8 /� ^ 1*wochertzParkway Schmtz, Texas 78154 JQ * 210u9J000 * omo�umn From: Sent: Monday, June 13, 2016 10:01 PM To: planning@schertz.com; Michael R. Carpenter Subject: low income housing I have experience with Section 8 housing and I do not want that anywhere around me. In the 80's we bought a brand new home in Kirby the Sunrise Subdivision. Lots of young families until the housing market crashed and people just moved out or sold cheap to investors. They rented the homes to section 8 and the neighborhood became crime infested overnight. There were drive by shootings, vandalism, break ins , drug dealers. I had to carry a gun just checking the mail. I do not want this for my new neighborhood. I don't care who tells me different in the end it's going to hurt our home values and our neighborhoods. When we sold the house in Sunrise we barley got what we paid for it 15 yrs prior. A meeting with the guy in charge of HUD at the time also revealed that they did not do any background check on people moving in. After the section 8 people moved into Sunrise the city realized that there was no transportation out in that area for these people. They had VIA bus come out that way. So now we had to pay additional property taxes for VIA. After that the city said Via is out that way so now we will annex you, which they did. I don't see any benefits from having section 8 in our community. Marion Kingshott, BrVce Cox From Sent: Sunday, June 12, 2016 7:47 PM To Michael F[ Carpenter, p|anning4Dxchedzznm Subject: Rezoning I would like to thank Mr. Greenwald and Mr. Crawford for siding with the residents in trying to stop the rezoning at this past meeting. Thank you forth in king of the best interest of the residents, As to the rest of you, I implore you to heed my opinion. We are in the processing of building in Riata subdivision and I think having an apartment complex built in the lot next to Bussey's will increase current issues that Schertz is having. One example is overcrowding of the schools. You could see a rise in individuals renting just to have their children in this school district. This raises concerns around the safety and another being the quality of the district. In regards to safety, a concern I have with the rezoning will be the added traffic. I leave for work about 8:00a.m. and noticed that I often have to sit through multiple light changes waiting to turn around on85. Traffic getting off the highway and traffic trying to get on the highway have collided to what seems almost dangerous levels. I am surprised an accident has not happened yet, Or at least not to my knowledge. I only foresee the traffic situation worsening. I am also concerned about property values, crime and the added value of why we decided to build here, 3chertz is very family friendly area and if things progress with this rezoning | feel |t would affect this community negatively, There is a growing number of residents using social media to band together to help stop this issue, We look forward to meeting with you on the 22nd and we hope you show us that you care about the residents safety, education and concerns, | will be sending this e-mail to our mayor aowell. Thank you, Brittany Marshall Bryce Cox From: INNEEMEMMEMEMEM Sent: Saturday, June 11, 2016 4:45 PM To: planning@schertz,com Subject: 135 rezoning Dear Planning and Zoning Commission, I would like to thank Mr. Greenwald and Mr. Crawford for siding with the residents in trying to stop the rezoning at this past meeting. Thank you for thinking of the best interest of the residents. As to the rest of you, I implore you to heed my opinion. I live in the Belmont Park Subdivision and I think having an apartment complex built in the lot next to Bussey's will increase current issues that Schertz is having. One example is overcrowding of the schools, I believe overcrowding would be detrimental to a child's learning environment. I have lived in Scheitz since 2001, and continue to live here for many reasons. In regards to safety, a concern I have with the rezoning will be the added traffic. Traffic getting off the highway and traffic trying to get on the highway from exit 4177 through exit #178 is already extremely congested. Until construction and revisions to these intersections is complete, I only foresee the traffic situation worsening. Thank you for taking the time to hear my concerns. There is a growing number of residents using social media to band together to help stop this issue. We look forward to meeting with you on the 22nd and we hope you show us that you care about the residents' safety, education and concerns. I will be sending this e-mail to our mayor as well. Thank you, Amy Beierle 821 Secretariat Dr. Schertz ce ox Thank you, Julie Paulson 108 Moming Dew, Cibolo, TX 78108 Bryce Cox From: 11111111111111111011 Sent: Friday, June 10, 2016 1:18 PM To: planning@schertz.com; Michael R. Carpenter Subject: Possible re-zoning issues in Schertz Greetings, I am writing you because I am concerned about the possible low income housing coming to Schertz. Unfortunately, We are unable to attend the meetings regarding this as we are currently out of state. But, we will retuin to our home in Belmont Park on July 1 and be present at all meetings then on. In 2011 - we bought a home in what was once considered Cibolo and now considered Schertz, TX. We are a growing military family with five young children. We left for tlirce years for my husband to serve another assignment and are returning again to Randolph AFB. The safety and security of our children is the most important on our list. I'm concerned that adding low income housing will cause current issues to increase. The schools are already crowded, the traffic is already bad (need I mention the new road construction coming, people -using our neighborhood as a cut - through) and safety wise this will cause issue to our area including a decrease in our property values. I cannot even begin to express how upset I am that this is even being considered in Schertz. I'm hopeful that you can put a halt to this project and any other income based housing projects in Schertz. We worked very hard to get where we are, nothing was just handed to us .... if you cannot afford to live in Schertz, don't live there. Please do not allow this to ruin our neighborhood and community. Thank you for your time, Jeri Bellucei 2648 Pillory Pointe BrVce Cox From: Sent: Thursday, June 9\2O162:27Pk4 To: p|ann1ng@schertz.00m Subject: Rezoning Concerns |vvouW like to thank Mr. Greenwald and Mr. Crawford for siding with the residents |nt 'ngt0stopdhe rezoning at this past meeting, Thank you for thinking of the best interest of the residents, Asto the rest of you, | implore you to heed rnyopinion. I live in the Riata subdivision and I think having an apartment complex built in the lot next to Bussey's will increase current issues that Schertz is having. One example is overcrowding of the schools. One reason I decided to enroll my daughter in the Founders Classical Academy of Schertz is that I believe overcrowding would be detrimental to her learning environment. I moved to Schertz 6 years ago, before I had my daughter, for many reasons, one being the safety and another being the quality of the district. For me to not put her in SCUCISID was not a decision I made lightly, In regards to safety, a concern I have with the rezoning will be the added traffic. I am a teacher and I leave for work about 6:30 a.m. during the school year. In the past 2 months | have noticed that | often have to sit through multiple light chanQesVvoh|ng1otUroaroundoO35,Trafho getting off the highway and traffic trying tn get onthe highway have collided to what seems almost dangerous levels. I am surprised an accident has not happened yet. Or at least not to my knowledge. I only foresee the traffic situation worsening. Thank you for listening. There is a growing number of residents using social media to band together to help stop this issue. We look forward to meeting with you on the 22nd and we hope you show us that you care about the residents safety, education and concerns. I will be sending this e-mail to our mayor as well. Thank you, Mariana Anderson 0ntaKesident J Une 5, 2016 ILI Schertz Planning & Zoning Conunissior> Hal Baldwin Municipal Complex Council Chambers 1400 Schertz Parkway Building #4 Schertz. TX 78154 RE: Opposition to "Avanti Canyon" Proposal Public Hearing ZC2016 -003 & 005 As a resident in the Riata development, I am writing this letter to you to voice my opposition for the development and zoning change proposal submitted by Saigebrook Development. If approved, this proposal would allow affordable, low income, multi - family housing development "Avanti Canyon" in the vicinity of IH -35, South of FM 2252, in Schertz, TX, Guadalupe County greatly affecting the neighboring Belmont and Riata single family housing developments. Upon learning of this proposal, I was surprised at the extremely short timeline for notification and response from the local residences to allow their voices to be heard on such significant matters. According to the posted agenda for the June 8 " meeting, it was noted public notices were "to be mailed to surrounding property owners" on Monday, May 27, 2016. I never received such notice. Furthermore, it was noted that public notice was made through official bulletin on Friday, June P' at 5 pm with a public hearing for local residents to weigh in essentially only three business days later during the Wednesday, 8 June, public hearing. I will be out of town on official govermuent business and am providing this response in addition to my _igned petition with the Belmont and Riata residents opposing a change. As an active duty service member with 18 years of service and single income family of four, I consider ourselves of "modest means." I have not found any substantiating facts to the petition that Saigebrook Development and supporters "believe a need for affordable (low income) housing" exists and that this will ultimately support that cause. Low - income proposed projects only support the needs of the few, mainly the financial benefit of Saigebrook Development, and penalize the majority. I conversely ask, would any of the members serving in the committee or supporting tax exempt organizations support or approve this change in their own respective neighborhoods. Thank you for your time. Sincerely, Shane Sailer 2924 Pawtucket Rd ( Riata) Schertz, TX 78108 Mv signature b herein placed to serve to express [ny opposition bz the expected proposal by Salgebnmmk Development /Devo|opehor any of its representatives bv the property owners tnchange existing zoning on the acreage upon which the Developer proposes to construct multi-family housing /98 units) at|H-35 south west of the intersection ofFK82252 and |H-35|n Schedz TX, Guadalupe County hereafter referred tmas"Avant|Canyun^. The property consists of approximately 6 acres of land which is currently zoned general business district and |m being considered for rezoning for multifamily use. Any change |Athe zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city In the areas offUtUredeveluppOentandrevenuabsa'resu|t|n8inhigbertoxesforSohehzreoidemtm;4\th|s is not an ideal location for residential due to poor connectivity to schools, lack mf access tm quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither; 6) this housing unit will put anadditional burden on our fast-growing SCUCISD. There will likely be minimal tax dollars generated, once again, resulting |n higher taxes for Sche[tzresidents; 7\ impose unacceptable, and unsafe traffic congestion at and around the intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City ofSobertz and its citizens. Further, the denial b critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surroundi.ng area, We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality oƒ Life policy values mf the City's 2O16 Strategic Plan. VVe believe the Plan was deV8|oped with careful consideration by the mit»'S experts and should not be altered at the request of outside interests. LAURA lic Page --'1EVPS Notary Public Signature state of I being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition (ii) I personally circulated the foregoing pages (1-�) of the said petition, (iii) there are ( 60 - signatures, (1v) each of the signatures appearing on such pages was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and, (vi) each signer had an opportunity to read the full text of the petition. Sworn and subscribed to before me, this the �77, day of Ij,jqQ_ �-oj(4 - Page 7 1 t , � ck—y)� V. 0 0 . --- Notary Public Signature 'F'S LAURA L, CARREON 0 Notary Public state of Texas vy C.otnm UP, 09- RIGOTGNIM 0v,k}v pursued by Saigebrook Developm nt and/or its representative companies and/or properly owners. KAy signature is herein placed to serve to express nly opposition tothe expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property' owners to change existing zoning on the acreage upon vvhch the Developer proposes to construct multi-family housing (96 units) at IH-35 south west of the Intersection of FM 2252 and |H-35inSchectz TX, Guadalupe County hereafter referred t000"Auanti CanyoD". The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects oU the property and upon the o�|zensofthe City mfSohe[tz to include: 1) nearby neighborhoods yVU|likely see property value decreases; 2\Impose unnecessary and burdensome character change to the communities adjacent tm the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents ;4\this is not an Ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5\ affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither, G\ this housing unit will put anadditional burden once again, resulting In higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection o{FK42252and IH-3S and surrounding areas. Wa suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would ba sound and further the economic interests of the City ofSchertz and its citizens. Further, the denial |a critical tO accommodate development and alleviate traffic for residents in the surrounding community |n order tm access |H35 and the surrounding area. VVe agree that subject area |s ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. 0 r "' ~ �^w.— Page ~ n»w`vr""~ Notary Public Signature YAS my Comm, Exp, 09 LLS 41 \ _ �® fu -- z LU CD gZ3� tJ ZLn E a 4 cn r In O I fz gg S tw ��}C7 iD- ":r tj ca . Aw, t w I being first duly sworn, on oath confirm that (1) 1 am one of the signers of the above petition (ii) I personally circulated the foregoing pages (1-3, ) of the said petition, (Iii) there are 4 f� signatures, (Iv) each of the signatures appearing on such pages was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to bej. and , (vi) each signer had an opportunity to read the full text of the petition. Sworn and subscribed to before me, this the _1,_ day of At I Notary Public Signature LAURA L. CARREON Notary Public State of Tam My Comm Exp. W23-2019 Mv signature ishu[eNolaoedhoo8[Vetoe*p[esoDly opposition tothe expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes tn construct multi-family housing /AG units) at|H~35 south west Vf the intersection ofFK42262 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avanti Canyon'. The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3\ the loss ofo commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for current/future Schertz residents ; 4) this is not an ideal location for residential due to the property's poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to the 1-35 traffic passerby; 5) affordable housing should be located within walking distance to reasonable job opportunities and near public transportation routes, This property offers neither; 6) this neighborhood will put an additional burden on our fast-growing SCUCISD as there will likely be minimal tax dollars generated, once again, resulting in higher taxes for current/future 3oh$rtzresidents; 7\ impose unacceptable and unsafe traffic congestion atand around the intersection ofFM2752 and |H'_35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request, The denial would he sound and would further the economic interests of the City of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in8rde[tn access |H25 and the surrounding business, VVn agree that the subject area io ideal for Highway CoO0nlon:|olUseVvhiohfU[theFsthe Economic Prosperity and High Quality of Life policy values of the City's 2O16 Strategic Plan. We believe that the Strategic Plan was developed with careful consideration by the city's experts and should not be altered at the mere request of outside interests, (r7&-A"I,PCAIIII6OII of TL 2 19 3 20 11 9 z 0 w O nj J. uj CL uj 10 CL -4 11 9 z 0 w O nj J. uj CL Sworn and subscribed • before me, this the '7 day Page 4 1 LLIL-LL L -- � ec Notary Public Signature a, LAURA L. C=RR E 0 �NO8 Notary Public Rate of Texas tq My Comm. Exp. 09-23-2019 /wr /)� the intersection of FM 2252, Schertz TX, Guadalupe County. As bein pursued bv Saigebrook Development and/or its representative companies and/or property owners. My signature is herein placed tn serve to express [ny opposition tothe expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing /96 units) at{H-2S south west Vf the intersection ofFM2252and IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avanti Canyon". The property consists of approximately 6 acres mf land which |S currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects oD the property and upon the citizens of the City Q{Schertz to include: l) nearby neighborhoods will likely see property value decreases; 2\impose unnecessary and burdensome character change to the communities adjacent to the project area; 3\ the loss ofa commercial real estate will have negative impacts on the city |n the areas of future development and revenue loss, resulting in higher taxes for current/future Sohe|tu residents ; 4) this is not an ideal location for residential due to the property's poor connectivity to schools, lack of access tm quality oflife amenities, and will not beaD attractive site toportray to the | -35 traffic passerby; 5) affordable housing should be located within walking distance to reasonable job opportunities and near public transportation routes. This property offers neither; 6) this neighborhood vVi||putanadd|tioRal burden nO our fast-growing SCUOSDas there will likely ba minimal tax dollars generated, once again, resulting iD higher taxes for current/future Sohe|tz residents; 7) impose unacceptable and unsafe traffic congestion etand around the intersection of FM 2252 and |H-35 and surrounding areas. VVe concur with the Planning Department recommendation to deny the application of the of the Comprehensive Land Plan Amendment 'request. The reasoning of the Planning Department io sound and furthers the economic interests of the city of Sohertz and its citizens. Further, the planned continuation of FM 2252 is a critical need to accommodate development and alleviate tnaffic for residents |n the surrounding community |D order to access |H35 and the surrounding business. Ve agree that the subject area ideal for Highway Commercial use which furthers the Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. VVm believe that the Strategic Plan was developed with careful consideration h«the city's experts and should not bgaltered at the mere request of outside interests. Page I � LAURA L, GARREON otary Public 7, state 0 A J E being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition (ii) I personally circulated the foregoing pages (I- L)) of the said petition, (iii) there are -76 , - signatures, (Iv) each of the signatures appearing on such pages was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and , (vi) each signer had an opportunity to read the full text of the petition. Sworn and subscribed to before me, this the A day ofAv��� Page 5 1- 0 1 A 'rr' t - e rbn�LCAI Notary Public Signature V th �inte�rsection of FM 2252, Schertz TX, GuadaluppSqgpty,,�� pursued by Saigebrook Development a-nd or its representative co ipanies and& pirgpgELY owners. My signature is herein placed to serve to express my opposition to the expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer, proposes to construct multi-family housing (96 units) at IH-35 south west of the intersection of FM 2252 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avant! Canyon". The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) thd loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents; 4) this is not an ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither, 6) this housing unit will put an additional ,burden on our fast-growing SCUCISD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application, of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. llel� I L�J— k-.V-ItY-UV I V I-ILI TViL:6 �,Ms <V Page I Stlt'OtOrYP blic Notary Public Signature �- of Terms - V. Mfhl F 08-42 -2017 - n9 Vtl / l 5;p fS� ffE C v5 its - w` My i3 t 4 ti l E it �i R AW zz "mss G-' LK � 5 ? FR f Pq b rl Ul :9. F_ -. w a• cc: lk J " w ^l c� r5D ha —L—L— — noTI-Im . - " - . . a 19-0-UrIm rill - i d ; I 64'� 4p pursued by Saigebrook Development and/or its representative companies andLor Property owners. My signature is herein placed to serve to express my opposition to the expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing (96 units) of t IH-35 south west of the intersection of FM 2252 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avanti Canyon". The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents; 4) this is not an ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither; 6) this housing unit will put an additional burden on our fast-growing SCUCISD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. T VAWAM Notary Publi State of Texas -12-2017 %�,y Comm. Exp, 08 Page 1 rt _6 - I- I V Notary Public Signature )-�,C ,P(,L, , being first duly sworn, on oath confirm that (1) 1 am Sworn and subscribed to before me, this the _j q day of T10- J My signature is herein placed to serve to express my opposition to the expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing (96 units) at IH-35 south west of the intersection of FM 2252 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avant! Canyon". The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents; 4) this is not an ideal location for residential due to poor connectivity to-schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither, 6) this housing unit will put an additional burden on our fast-growing SCUCISD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City of Schertz and its citizens. Further, the denial Is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. Page 1 Notary Public Signature opportunity to read the full text of the petition. Sworn and subscribed to before me, this the �& day of Jvle- a SARA CORNEJO Notary Public, State of Texas Comm, Expires 04-0&2020 Page 7 /lilt Notary ID 130609448 Notary Public Signature 6 f.: of of kM7 UL-P-1-12- Sworn to MCI sUb8qjhPd before me Op, M 'W� y 00..'w"oon Fxla#r�s 1t My signature is herein placed to serve to express my opposition to the expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing (96 units) at IH-35 south west of the intersection of FIVI 2252 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as ",,Avanti Canyon". The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use, Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents ; 4) this is not an ideal location for residential due to poor connectivity to-schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither, 6) this housing unit will put an additional burden on our fast-growing SCUCISD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. Page 3 Notary Public Signature 0Z c� Lu to zz , a CC to i. NNN top ' Ins ou � 6 k g Q E x C u r q t R4�V, - 5-3 MA cc ¢_ ;Z2 CO v � ` I �1 LLS cr f z NZ Q, ft I Or �I ICI C-1 r-A 6 4- UJ C= I Or �I ICI JE ?�. uj �Irj Al " U bi IL t` cia 0 S Lai t Rte= L� UP c nkf .9 3 l I Vu 1- 44 H� td U% tic � . •, '� r R S�° � it � r , eA t.. ` (• tom. 1 .... r' J q _ VB ti, t 18 6 `w3 $(� •t, 2 c t� Swbrn and subscribed to before me, this the -A�2— day of �J70 W. Page 7 Notary Public Signature r the intersection of FIVI 2252, Schertz TX, Guadalupe County. As bein • VprsuecL_�y Si��iugbrp�k_Qev�elo �ment �and �or it�sre �rese�ntative compan ert Lies.and or ro� owners. My signature is herein placed to serve to express my opposition to the expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing (96 units) at IH-35 south west of the intersection of FM 2252 and IN -35 in Schertz TX, Guadalupe County hereafter referred to as "Avanti Canyon". The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents; 4) this is not an ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither; 6) this housing unit will put an additional burden on our fast-growing SCUCISD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FIVI 2252 and IN -35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IN 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests, Page I Notary Public Signature 4' t i s 4 a m PO jml� fu t� rM Yf OW e Sworn and subscribed to befor h this t A611 day oUll6_41L_6:_U6__l Page 7 ry tau LEWANDA P. TFZENO PS- Notary PUNIC, State of Texas MY COMMISsion Expires -August 25. 2019 U tl Z BEEF Me ursued b Saigebrook Development and or its representative mpa . n �ie s a nd o rr �oe r �to ,My signature is herein placed to serve to express my opposition to the expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing (96 units) at [H-35 south west of the intersection. of FM 22-52 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avanti Canyon'. The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents; 4) this is not an ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither; 6) this housing unit will put an additional burden on our fast-growing SCUCISD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. A­_­ T NWAMS / t I rf b "lot fy P�� a Ls'tate of E, 08 NotarY Public State of Texas Mm , _ -2017 �V my Comm, Exp, 08-12-2017 000�+� Page I Notary Public Signature ,1 nZ-C�n b �dk LLI tj bo 7, , s ®� J LU as Zt Qv C to j .' i being first duly sworn, on oath confirm that (i) I am Sworn and subscribed to before me, this the 13kILday of 7TWA T WIUJ�'C� Ubj ji Notary P i Page 7 State of Texas I'e MY Comm, Exp. 08-12-2017 Notary Public Signature S -k- X My signature is herein placed to serve to express my opposition to the expected proposal by Salgebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing (96 units) at IH-35-south west of the intersection of FM 2252 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avant! Canyon", The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents; 4) this is not an ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither; 6) this housing unit will put an additional burden on our fast-growing SCUC(SD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Sthertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 2252 and M-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. Page 1 Notary Public Signature � rn Swo and subscribed to before me, this the 2—day of Notary Public Signature KAREN SALAS Notary Public State of Texaz My Comm. Exp, 09-14-2019 My signature is herein placed to serge to express my opposition to the expected, proposal by Salgebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer propo ses to and construct multi-family housing (96 units) at IH-35 south west of the intersection I 2252 IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avanti Canyon". The property 6 acres of land which is currently zoned general business district and consists of approximately se. Any change in the zoning of this property is being considered for rezoning for multifamily u would have several adverse effects on the property and upon the citizens of the city of Schertz ghborhoods will likely see-property value decreases; 2) impose to include: 1) nearby neighborhoods nities adjacent to t h e n the areas project unnecessary and burdensome character change to the commu area; 3) the loss of a commercial real estate will have negative impacts on the city i 4) this of future development and revenue loss, resulting in higher taxes for Schertz residents; is not an ideal location for residential dub to poor connectivity tO-schOOls, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passties erband near affordable housing should be located within walking distance to job opportuni public transportation. This property offers neither; 6) this housing unit will put an additional burden on our fast-growing sCUCISD. There will likely be minimal aagain, resulting in higher taxes for Schertz residents; 7) impose uncceptable and unsaf traffic e congestion at and around the intersection of FIVI 2252 and IH-35 and surrounding areas. We suggest that the city/Planning Department recommend disapproval of the application of the of the comprehensive Land Plan Amendment request, The denial would be sound and further the economic interests of the city of Schertz and its citizens. Furter, he denial is critical to accommodate development and alleviate traffic for residents inhere urrounding community in order to access IH 35 and the surrounding area. We agree that suofi Li ct policy ideal for commercial use which furthers Economic Prosperity an gulitfe values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. page 1 Sworn and subscribed to before me, this the day of TWX a T "ILL S @ Page 7 Notary Public State Of Texas My Cbmn, Erp, 08-12 -2017 =` (rotary Public Signature � t t of FM 2252, Schertz TX �Gua dalu �eCO�Unt �.As �be!M pu Sai e�broo�kDe�velo �men�tan�dor �it-s re�res�enta�tive companies and/or propertLgw_ners. My signature is herein placed to serye to express my opposition to the expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing (96 units) at IH-35south west of the intersection of FM 2252 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as oAvanti Canyon". The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use, Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate Will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents; 4) this is not an ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither; 6) this housing unit will put an additional burden on our fast-growing SCUCISD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the city/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the city of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan, We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. Yr T WWAMS L. U Mx-& Notary Public State of Texas Notary Public Signature Page I My Comm, Exp, 08-12-2017 - .... 1 it My signature is herein placed to serve to express my opposition to the expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing (96 units) at 1H- 35-south west of the intersection of FM 2252 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avanti Canyon', The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents; 4) this is not an ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither; 6) this housing unit will put an additional burden on our fast-growing SCUCISD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application Of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. Page 1 Notary Public Signature companies and/or propertv owners. (Continued from Page 6 1 Sworn and subscribed to before me, this the day of J W t.jom MIM Notary Public Signature LC 7 My signature is herein placed to serve to express my opposition to the expected -proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes t 2252 and o construct multi-family housing (96 units) at IH-35 south west of the intersection of FM IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avanti Canyon"• • The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose th unnecessary and burdensome character change to the communities adjacent to e project area; 3) the loss of a commercial real estate will have negative impacts on the city in the arheas of future development and revenue loss, resulting in higher taxes for Schertz residents ; 4) tis is not an ideal location for residential due to poor connectivity to-schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 pa ssies erband near affordable housing should be located within walking distance; job opportunit public transportation. This property offers neither; 6) this housing unit will put an additional burden on our fast-growing sCUCISD. There will likely be minimal tax dollars ntraffic unaf again, resulting in higher taxes for Schertz residents; 1) impose unaccepable d e congestion at and around the intersection of FIVI 2252 and IH-35 and surrounding areas. We suggest that the city/Planning Department recommend disapproval of the application of the of the comprehensive Land Plan Amendment request. The denial would be e sound denial is and further the economic interests of the city of Schertz and its citizens. Further, h ate traffic for residents in the surrounding critical to accommodate development and allevi hat subject area is community in order to access IH 35 and the surrounding area . We agree; ideal for commercial use which furthers Economic Prosperity and High Quality of Life pi licy values of the City's 2016 Strategic Plan. We believe the Plan Was developed with carefu consideration by the city's: experts and should not be altered at the request of outside interests. T KWAIDS Notary Public State Of Texas My Comm. Exp. 08-12-2017 Notary Public Signature Page 1 Sworn and subscribed to before me, this the ILO day ofT Ame- o T WI W S Pa 7 Notary Public Staff of Ti Illy 11� My Cbirim, Exp. 08-12 -2017 `�''� Y ' Notary Public signature My signature is herein placed to serve to express my opposition to the expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing (96 units) at IH-35south west of the intersection of FM 2252 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as IlAvand Canyon". The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents; 4) this is not an ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither, 6) this housing unit will put an additional burden on our fast-growin'g SCUCISD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan, We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. T WILL' 6 _ZQ LtYYILUIL-IrLU -— Notary Public Page 1 State of Texas Notary Public signature 011-1" My Cotnm, Exp, 08-12-2017.1 _0 �a Sworn and subscribed to before me, this the —0— day of —10 —Affim Page 7 rV Public Signature { ' \ =� companies andjqLpEgp,���� Petition to I . H-J5 south west of the intersection of FM 2252, Schertz TX, Guadalupe County. As being pursued by Saigebrook Development andlor-its representative My signature b herein placed to serve to express my opposition to the expected proposal by Salgebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing /98 units) @t|H-35 south west mf the intersection nfFN42%G2and IH-35 In Schertz TX, Guadalupe County hereafter referred to as "Avant! Canyon". The property consists uf approximately 6 acres of land which |S currently zoned general business district and Is being considered for rezoning for multifamily use, Any change in the zoning of this property VVn4|d have several adverse effects on the property and upon the citizens 0f the City ofSChertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents ; 4) this is not an ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5\ affordable housing should be located within walking distance to job opportunities and near public transportatiom This property offers neither; 6) this housing unit will put an additional burden on our fast-growing SCUCISD, There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the Intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request, The denial would be sound and further the economic interests of the City nƒ3che[t% and its citizens, Further, the denial |s critical to accommodate development and alleviate traff Ic for residents in the surrounding community in order to access |H35 and the surrounding area, VVe agree that subject area |s ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not bealtered at the request of outside interests. Page I Notary Public Signature b - €.3 q W 4 .f to 46 tm p s 0 4 4 YS l Hf ill `- L Lu 4'a tom. '. p \" �s Y } ` A TO BLOW Am S 41 d3 L; i '\ 5 0 �6�11001 ON a I Us IN] WYKI the intersection of FM 2252, Schertz TX, Guadalupe County. As being pursued by Saigebrook Development and/or its representative companies and/or property owners. lContinued from Page 6) I 01(ki na�C& being first duly sworn, on oath confirm that (1) 1 am 1 one of the signers of the' bove petition (ii) I personally circulated the foregoing pages (I- ) of the said petition, (iii) there are signatures, (iv) each of the signatures appearing on such pages was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and , (vi) each signer had an opportunity to read the full text of the petition, Sworn and subscribed to before me, this the I day of J �( 6 e- L Notary Public Signature MARIA D, LOPEZ Notery Public, State of Texas Comm. Mxplres 09.06-2017 N011"ARY ID#: 12954987-1 Golden Steves Cohen gy", Gordon,-,-,, n f T 0 R Nr Y', A I L A VV July 1, 2016 Schertz City Council 1400 Schertz Parkway Schertz, TX 78154 TREY JACOBSON *Non-Attorney Professional 210.745.37271 fax: 210.745.3737 TJacobson@goldensteves.com Subject: Continuance of Avanti Canyon Plan Amendment & Zoning Case (ZC2016-003 and ZC2016-005) Dear Mayor Carpenter and City Council: As you are aware, Saigebrook Development (acting through Avanti Canyon, LLC) has submitted an application to rezone an approximately 5.9 acre parcel in connection with an $18.8 million apartment development, financed in part with proceeds allocated by the Texas Department of Housing and Community Affairs. In connection with the rezoning, a request to amend the master plan amendment is also being considered. We are requesting that the plan amendment and zoning cases be continued until the July 26, 2016 meeting in order to provide our team with additional time to respond to community concerns. Because City staff has already advertised the public hearing for the plan amendment and zoning cases, we were unable to delay the hearing administratively. As such, we will be required to formally request the continuance at the July 12t" City Council meeting when the cases are scheduled to occur. This will require City Council action to set a new public hearing for each. In connection with this request, we will be notifying the Belmont and Riata (HOAs which oppose the rezoning) of our intent to continue the case. Ideally, this will allow the City Council to defer action and public comment until such time that the case is considered on July 26t". We appreciate your consideration of this request. Sincerely, cz� Trey Jacobson cc: Brenda Dennis, City Secretary Brian James, Executive Director Lesa Wood, Planning & Community Development Director Bryce Cox, Planner 067543.00001 250219 Q 300 Convent Street, Suite 2600 - San Antonjo,'t'cxas 78205 - 210.745,3700 - fax 210.745.3737 Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: July 12, 2016 Department: Development Services Subject: Ordinance No. 16 -S -20 — Conduct a Public Hearing and consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to rezone approximately 6 acres of land from General Business (GB) to Planned Development District (PDD). The property is generally located south west of the intersection of FM 2252 and 111-35, and is specifically described as 5.929 acres out of the Robert Martin & JNO.F. Walker Survey No. 113, Abstract 244, City of Schertz, Guadalupe County, Texas. (First Reading) BACKGROUND Saigebrook Development is requesting to rezone approximately 6 acres of land from General Business (GB) to Planned Development District (PDD) in order to construct a multifamily apartment complex. The property is generally located south west of the intersection of FM 2252 and IH -35 and is currently undeveloped. The proposed zoning consists of a base zoning of Apartment /Multi - Family Residential District (R -4) with a proposed maximum density of 20 units per acre and maximum impervious cover of 65 %. The PDD also provides for some specific development standards. The following summary highlights some of the significant modifications to the requirements of the Unified Development Code (UDC). Please review the PDD to view all modifications. 1. Minimum parking ratio will be 2 parking spaces per unit, plus one parking space per every 4 units to accommodate visitor and overflow parking. 2. Maximum Building height is 40 feet. 3. Maximum impervious cover is 65% to allow for an increase in landscaping area. City Council Memorandum Page 2 4. Exterior building materials adjusted to require at least 80% of each wall on outwardly facing buildings and 60% of each wall on interior facing buildings to be finished in brick, stone, faux brick or stone, tile or concrete masonry unit blocks. 5. Required shade tree ratio increase from 9 trees per acre to 13 trees per acre. 6. Perimeter fencing is required to be metal with masonry columns 36 feet on center at the eastern and western borders of the property. The public hearing notice was published in "The Daily Commercial Recorder" on June 24, 2016 and the "Herald" on June 29, 2016. . Five (5) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on May 27, 2016. Staff has received 1 property owner response in favor of the request and 1 property owner response opposed to the request from the area within the 200ft notification boundary. Written opposition to the zoning change has been received by property owners of more than 20% of the land area within the notification boundary constituting a written protest under Local Government Code §211.006(d). As such to approve the request at least three - fourths (3/4) of the City Council must have an affirmative vote. A total of 7 responses have been received in favor of the request. A total of 544 people have submitted responses opposed to the request including a petition received June 8, 2016 containing 255 signatures and a second petition received June 17, 2016 containing 328 signatures. Public hearings were held at the June 8, 2016 . and June 22, 2016 Planning and Zoning Commission Meetings. A total of 7 people spoke during the hearings. The comments generally made were: • The development would add to the overcrowding of schools • Lack of daycare facilities for the potential apartment residents • Concerns with increased traffic • The land should remain as is with commercial zoning On July 1, 2016, . Saigebrook Development submitted a letter to the City requesting a continuance of this item to the July 26, 2016 City Council meeting in order to provide additional time to respond to community concerns. They indicated in the letter they would be notifying the Belmont and Riata HOAs of their request to continue the case. Goal Saigebrook Development is proposing to rezone approximately 6 acres of land from General Business (GB) to Planned Development District (PDD) in order to construct a multifamily apartment complex. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. City Council Memorandum Page 3 Summary of Recommended Action The proposed site is located at the intersection of FM 2252 and IH -35. There is existing commercial development to the west. The property to the east is currently undeveloped. There are several existing single family residential dwellings south of the property. The Master Thoroughfare Plan (MTP) identifies a continuation of FM 2252 south to Old Wiederstien :Road along the eastern boundary of this property and the MTP also identifies a 60' east west collector road along the southern boundary of the property which is intended to serve as a commercial backage road. The subject property is ideally located for commercial /retail development being bounded by the extension of FM 2252, the 60' east west collector and IH -35. The subject area is located adjacent to a major highway intersection in which commercial/ retail development is able to take advantage of the easy access to the highway. The Future Land Use Plan (FLUP) and Schertz Sector Plan designates the subject property for "Highway Commercial" which the Comprehensive Land Plan describes as intended for regional scale retail and commercial uses that can take advantage of the highway frontage. The areas designated as "Highway Commercial" are located at major highway intersections to maximize access to the region and adjoining neighborhoods. It is characterized with a land use mix of mostly large format retail with restaurants and entertainment uses or mid -rise office buildings. It may also include lodging and related uses. The proposed zoning request is not in conformance with the goals and objectives of the Comprehensive Land Plan which identifies this area as "Highway Commercial ", which does not allow for apartment /multi - family development. It is the opinion of Staff that this area is appropriately zoned as General Business (GB) which is in conformance with the "Highway Commercial" Comprehensive Land Plan designation. Staff recommends denial of this rezoning request. FISCAL IMPACT RM RECOMMENDATION The Planning and Zoning Commission conducted public hearings on June 8, 2016 . and June 22, 2016 and offered a recommendation of disapproval by a unanimous vote of 6 -0. Staff has no objection to the request by Saigebrook Development to table this item to the July 26, 2016 City Council Meeting at the discretion of City Council. Staff recommends disapproval of the zoning request. ATTACHMENT Ordinance No. 16 -S -20 Citizen Responses Letter Requesting Continuance ORDINANCE NO. 16 -S -20 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 6 ACRES OF LAND FROM GENERAL BUSINESS DISTRICT (GB) TO PLANNED DEVELOPMENT DISTRICT (PDD). WHEREAS, an application to rezone approximately 6 acres of land generally located south west of the intersection of FM 2252 and IH -35, and more specifically described in the Exhibit A and Exhibit :B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Conditions "); and WHEREAS, on June 8, 2016, the Planning and Zoning Commission conducted a public hearing and tabled the item to the June 22, 2016 Planning and Zoning Commission Meeting; and WHEREAS, on June 22, 2016, . the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, herby makes a recommendation of disapproval of the rezoning according to the development standards set forth in Exhibit C attached herein (the "Development Standards "); and WHEREAS, on July 12, 2016 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Planned Development District (PDD). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. 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 12th day of July, 2016. PASSED, APPROVED AND ADOPTED on final reading the 26th day of July, 2016. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" FIELDNOTE DESCRIPTION FOR TRACT" I A 5.929 acre, or 258,275 square feet more or less, tract of land being a portion of that 7,748 acre tract described in deed to Trawick Womack and Nancy Womack recorded in Volume 2006, Page 133 of the Official Records, Guadalupe County, Texas, out of the Robert Martin & JNO. R Walker Survey No. 113, Abstract 244, in the City of Schertz, Guadalupe County, Texas. Said 5,929 acre tract being more fully described as follows, with bearings based on tile Texas Coordinate System established for the South Central one from the North American Datum of 1983 NAD 83 (NA2011 1) epoch 2010.00 COMPvIENCfNG: At a found !/z inch iron rod on the southeast right-of-way line of Interstate I lighway 35, a variable width right-of-way, the north comer of as 4.3 acre tract described in (feed to Ronald Carrillo and Clare M. Carrillo recorded in Volume 1972, Page 62 of said iOfticial Records, the west corner of said 7.748 acre tract, and the west comer of Tract 2 (surveyed concurrently); THENCE: S 2639'50" E, departing the southeast right-of-way line of said interstate Highway 35, along and with the northeast line of said 43 acre tract, the southwest line of said 7.748 acre tract, passing at a distance of 86,55 feet the southeast line of Comal, County line, the northwest line of Guadalupe County line, perTxDOT map VS, AT00 I 605AA — 19 & 20, continuing for as total distance of 139,95 feet to a set !/2 inch iron rod with yellow cap marked "Pape -Dawson" at the west comer of the herein, the south comer of said'rract 2, and the POINT OF BEGfNN ING; THENCE: X171°46'4011 E, departing the northeast line of said 43 acre tract, along and with the southeast line of said Tract 2, over and across said 7.748 acre tract, passing at a distance of 101.10 feet as set V2 inch iron rod with yellow cap marked "Pape-Dawson" at the east comer of said Tract 2, continuing for as total distance of 454,68 feet to a set V� inch iron rod with yellow cap marked "Pape-Dawson" on as southwest line of that remaining portion of 133,2 acre tract described in deed to Elgin Ott recorded in Volume 236, Page 234 of the Deed Records of Guadalupe county, Texas, the northeast line of said 7.748 acre tract, for the north corner of the herein described tract; Page I of-2 TBPZ Wn 8eqisVvt4ur( #470 1 T8FLS Fkm %lisvajon #10028800 8 1 n A n I o n i o I A LJ S I j n I H o (i q t o fi I F o f Warkta 1 0 1 1 9 s �iriv Tr an 5 p at, to Lie n I W a ta r Re s uu r c 8 a I Lanai D a ve I a pme n t I Surveying I E nv i rt i n m Ffl La I 2000 NW Loop 410, San Antanit, TX 75213 T! 210,3759000 www-Pape-riawsan,com 5 929 Acres Job No, 9049-16 Page 2 oF2 THENCE: S 26139'50" E, along and with the southwest line of said remainder of 133.2 acre tract, the northeast line of said 7.748 acre tract, a distance or 538.65 feet to a found iron rod with cap marked "Ford Engineers" at a re- entrant corner of said portion of 133.2 acre tract, the cast comer of said 7.748 acre tract and the herein described tract; THENM S 62046'02" W, along and with a northwest line of said remainder of 1312 acre tract, the southeast line of said 7,748 acre tract, a distance of 44937 feet to a set V,- inch iron rod with yellow cap marked "Pape-Dawson" at the cast comer of said 4.3 acre tract, (lie south comer of said 7.748 acre tract and the herein described tract, THENCE: N 26'39'50" W, departing the northwest line ofsaid 133,2 acre tract, along an(,[ vvith the northeast line of said 4.3 acre tract, the southwest line of said 7.748 acre tract, a distance of 609,87 lect to a the POINT OF BEGINNING, and containing 5.929 acres in the City of Schertz, Guadalupe County, Texas. Said tract being described in accordance with as survey rnade on the ground and a survey description and map prepared underjob number 9049-16 by Pape-Dawson Engineers, Inc, I'MARED BY-, Pape-Mwson Engineers, Inc. DATE! February 22, 2016 JOB NO� 9049-16 DOC, ID, NASurveyM I6- '9000\904 - 16\Weird \9041 I6 FN Tract Ldocx pfPAPE-DAWSON ENGINEERS I N 111 Exhibit B "The Property" r t , "' -; , � V' 4VII'll" il,*, V5 -0, M g j s K 1; 3 Z A� J "R 7 t 'L 0� al m �R M, N F, z h P 4�� 0 - - - - - - - - - --- - - - - 0 7 W, I.VANIT C 4NYO-N Fi ICE ZOND:G EXHIBIT SCHERTZ- TEXAS - - - - - - - - - - - - - - - - - - iR M, T-11 Fo PF1 al 40M I TF 0 - - - - - - - - - --- - - - - 0 7 W, I.VANIT C 4NYO-N Fi ICE ZOND:G EXHIBIT SCHERTZ- TEXAS Exhibit C "The Development Standards" I. General a. Introduction C -1 Where a development does not conform to the strict regulations set forth in the Schertz Unified Development Code ( "UDC"), a Planned Development District may be established. The Avanti Canyon Planned Development District (the "PDD'), established under these standards and illustrated in the PDD Site Plan ( "Exhibit A "), will serve as the development standards for the 5.929 acre property located at the intersection of IH -35 and FM 2522, Guadalupe County, Schertz, Texas (legally described in "Exhibit B "). Except as provided herein, development occurring in this PDD will develop according to the base zoning district of Apartment /Multi- Family Residential District (R -4) under the UDC, as of the date this PDD is approved. b. Purpose and Intent The purpose of the PDD is to encourage land development that would not be possible under the typical zoning district regulations of Schertz. The intent is to allow flexibility in planning and development standards to encourage the development of this vacant, underutilized property located along IH -35. In exceptions provided herein, impervious cover and density will be reduced to allow for additional landscaping. H. Zoning District a. Planned Development District This PDD shall be governed by the terms of the UDC, Article 5, Sec. 21.5.10. b. Permitted Land Use The permitted uses within this PDD shall be those allowed in accordance with the Apartment /Multi - Family Residential (R -4) district. Subject to exceptions provided herein, this property in the PDD shall be used in accordance and subject to compliance with the dimensional and development standards prescribed in the UDC, as of the date this PDD is approved. III. Comprehensive Land Use Plan a. Land Use Designation C -2 In conjunction with the establishment of this PDD, the Future Land Use Map will be modified from its current future land use of "Highway Commercial" to "Commercial Campus" for the Property. The intent of Campus Commercial is to encourage the development of lower intensity commercial uses, including multi - family residential, between major intersections as a buffer between the interstate and /or light industrial uses and adjoining single - family neighborhoods. This PDD will fulfill the intent of Commercial Campus by leaving the highway frontage property for Highway Commercial and providing a buffer between the more intensive commercial use and single - family residential. IV. Developmental Standards a. Parking Standards The minimum parking ratio will be 2.0 parking spaces per unit, plus one parking space per every 4 units to accommodate visitor and overflow parking. This allows for at least one (1) parking space per bedroom. Standard parking spaces shall be 9' wide and 20' long. The PDD shall comply with all other standards set forth in UDC, Article 10, Sec 21.10. b. Public Access The PDD shall have a minimum of one (1) location accessing existing public streets. Should the access cross property lines to reach a public street, this access will be provided through a permanent, private access easement. c. Height The maximum height of all buildings shall not exceed 40 feet. d. Impervious Cover Impervious cover shall not exceed 65% of the lot area to allow for an increase in landscaping area. e. Density The maximum residential density shall be 20 units per acre. V. Site Design Standards a. Exterior Building Materials At least 80% of each wall on buildings (excluding windows and doors) outwardly facing shall be finished in one or more of the following materials: • Brick • Stone C -3 • Faux brick or stone • Tile • Concrete Masonry Unit blocks At least 60% of each wall on buildings (excluding windows and doors) facing the interior of site shall be finished in one or more of the following materials: • Brick • Stone • Faux brick or stone • Tile • Concrete Masonry Unit blocks b. Landscaping The required shade tree ratio shall be increased from 9 trees per acre to 13 trees per acre. Additionally, the minimum number of shrubs required shall be increased from 130 to 700. The PDD shall comply with all other standards set forth in UDC, Article 10, Sec 21.9.7. c. Fencing Perimeter fencing shall be metal. Masonry columns every 36 feet o.c. will separate the metal fencing at the east and western borders of the property, as depicted in the site plan. The PDD shall comply with all other standards set forth in UDC, Article 10, Sec 21.9.8. VI. Amendments to the Planned Development District (PDD) a. Amendments Minor amendments to the PDD, as described in UDC, Article 5, Sec. 21.5.10 G, which do not change the concept or intent of the development shall be approved or denied administratively. Any significant changes from the established PDD standards shall be re- submitted for approval by the Planning & Zoning Commission and the City Council, and subject to new public hearings and fees. C-4 C-5 IdPAPE-DAWSON ENGINEERS FIELDNOTE DESCRIPTION FOR TRACT I A 5.929 acre, or 258,275 square feet more or less, tract of land being a portion of that 7,748 acre tract described in deed to Trawick Womack and Nancy Womack recorded in Volume 2006, Page 133 of the Official Records, Guadalupe County, Texas, out of the Robert Mal-till & JNOt K Walker Survey No. 113, Abstract 244, in the City of Schertz, Guadalupe County, Texas. Said 5.929 acre tract being more fully described as follows, with bearings based on the Texas Coordinate Systern established for the South Central Zone from the North American Datum of 1983 NAD 83 (NA201 1) epoch 2010,00; COMMENCING: At a found 1/7 inch iron rod on the southeast right-of-way line of Interstate Highway 35, as variable width right-of-way, the north comer of a 4.3 acre tract described in deed to Ronald Carrillo and Clare M. Carrillo recorded In Volume 1972, Page 62 of said Official Records, the west comer of said 7.748 acre tract, and the west corner of Tract 2 (surveyed concurrently); THENCE: S 26139'50" E, departing the southeast right-of-way line of said Interstate Highway 35, along and with the northeast line ofsaid 43 acre tract, the southwest line of said 7.748 acre tract, passing at a distance of 86.55 feet the southeast line of Coax al County line, the northwest line of Guadalupe County I ine, per TxDOT reap #SATOO I 605AA_ 19 & 20, continuing for a total distance of 139.95 feet to a set V2 inch iron r(,,)d with yellow cup marked "Pape-Dawson" at the west corner of the herein, the south comer of said Tract 2, and the POINT OF BEGINNING; THENCE: N 71'4040" F, departing the northeast line of said 4.3 acre tract, along and with the southeast line of said Tract 2, over and across said 7.748 acre tract, passing at a distance of 141.14 feet as set Y2 inch iron rod with yellow cap marked "Pape-Dawson" at the east corner of said Tract 2, continuing for as total distance of 454.68 feet to a set Y2 inch iron rod with yellow cap marked "Pape-Dawson" on a southwest line of that remaining portion of 133.2 acre tract described in deed to Elgin Ott recorded in Volume 236, Page 234 of the Deed Records of Guadalupe County, Texas, the northeast line of said 7,748 acre tract, for the north comer of the herein described tract- Page I oft TBPE Finn Registration #4711 t TKU Firm Registration #110828000 S a n A n t o n i a I Au t o e I H o 11 q I o n I Firm W o r t It I D a I I a q Transportation I Water Resources I Land Development I Surveying t Envivorlinental 2600 NW Loop 410, San Antonio, TX 713213 T- 210.375 9000 wmv-Pape-Dawson.com 5 929 Acres Job No, 9049-16 Page 2 eat C-6 THENCE: S 26139'50" E, along and with the southwest line of said remainder of 133.2 acre tract, the northeast line of said 7.748 acre tract, a distance or 538.65 feet to a found iron rod with cap marked "Ford Engineers" at a re- entrant corner of said portion of 133.2 acre tract, the cast comer of said 7.748 acre tract and the herein described tract; TI- EN S 62046'02" W, along and with a northwest line of said remainder of 1312 acre tract, the southeast line of said 7,748 acre tract, a distance of 44937 feet to a set V,- inch iron rod with yellow cap marked "Pape-Dawson" at the cast comer of said 4.3 acre tract, (lie south comer of said 7.748 acre tract and the herein described tract, THENCE: N 26'39'50" W, departing the northwest line ofsaid 133,2 acre tract, along and vvith the northeast line of said 4.3 acre tract, the so ithwe, t line of said 7.748 acre tract, a distance of 609,87 feet to a the POINT OF BEGINNING, and containing 5.929 acres in the City of Schertz, Guadalupe County, Texas. Said tract being described in accordance with as survey rnade on the ground and a survey description and map prepared underjob number 9049-16 by Pape-Dawson Engineers, Inc, I'MARED BY Pape-Dawson Engineers, Inc. DATE! February 22, 2116 JOB NO� 9049-16 DOC, ID, N:\Survcy16\ I 6-9000\9049-16\Word\9049-16 FN Tract Ldocx pfPAPE-DAWSON ENGINEERS I N 111 ff-I u���� � SERVICE uo�oN,TY NOTICE DF PUBLIC HEARING Dear Property Owner, fLWNW0G &CVM&TD0Y DEVELOPWNT The Schertz Planning and Zoning Commission will conduct public hearings on Wednesday, June 8, 2016 at 680�m.located at the Municipal Complex Council Chambers, 1400 8ched Parkway, Building 94, Schortz' Texas to consider and make recommendation nn the following items: ZC2016^005 8 request to amend the Comprehensive Land Plan changing approximately 8 acres of land from "Highway Commercial" hu "Commercial Campus" on the Future Land Use Plan, The area is generally located south west of the intersection of FM 2262 and N_3S. and |uopeoNno|ly described ea5.A2Q acres out of the Robert Martin &JNO.F. Walker Survey No, 113, Abstract 244 City ofSubedz, Guadalupe County, Texas. ZC2U18-0U3 A request honazoAe approximately 8 acres W land generally located south west uf the intersection ufFM 2252 and |H~3S,from General Business ho Planned Development Dis The property b specifically described ea5.020 acres out ofthe Robert Martin & JNOY, Walker Survey No, 113, Abstract 244, City of Schertz, Guadalupe County, Texas, Because you are a property owner within hundred the Nod property, th Planning and Zoning Commission would like tohaorhmmyuufoe|about(hanomquanbmnd/nWtemyootna8eUd(hepuNiohoaringu.7his /brm is used /ocalculate the uumnntaoeofk0ohwmmo�/duuppwf and oppose You the �nnh�mwpdnrh» the Dn�pUbi� hearing d�a�hv mail m personal delivery k/ Bryce Cox, Senior Planner, 14V0Gchnrtz Parkway, Sohertz, Texas 78i54,bvfax Ud081Q^178D,orhye-mail bcoxftscher1z.com. Bryce Cox, CFM Senior Planner Reply Form |em: in favor of 0 opposed to O neutralto El the request for ZC2016-005 |om: in favor o, U opposed [] neutralto [] the request foxZQ2O1G-0O3 (OLEASE PRINT) GTREBADDRESS 1wmuchorLz Parkway + Schertz, Texas 78164 m�moxmm � °wwxzo*n COMMUNITY NUHHEIRTZ � OPPORTUNITY NOTICE OF PUBLIC HEARING May 27, 2016 Dear Property Owner, PLANyONG &CVDM0NITY DEVEMOPMENT d�0ku�h�� The °"'"'z Planning ~and Zoning Commission beo '^«0 �ob' Padoway hearings 8nUdino#4, Sohartz, Texas ho consider and make recommendation pn the following items: ZC206-005 A request to amend the Comprehensive Land Plan by changing approximately 6 acres of land from "Highway Commercial" to "Commercial Campus�'on the Future Land Use Plan. The area is generally located south west of the intersection of FM 2262 and IH-35, and is specifically described as 5,929 acres out of the Robert Martin & JNO.F. Walker Survey No, 113, Abstract 244, City of Schertz, Guadalupe County, Texas. ZC2Oi8-003 Amqunat to rezone approximately -` 0 acres of land generally located south west nf the intersection nfFM2 2S2 and |H'3S,from General Business Planned d [8 The property io specifically described uoS.B2O acres out ofthe Robert Martin &JN O .F. Walker 3 u Survey 113 , Abstract 2M4, City ofScbertz, Guadalupe County, Texas, Because you are a property owner within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about these requests and invites you to attend the public hearings. - This form is used to calculate the percentage of landowners that support and oppose the request, You may return the reply form below prior to tile first public; hearing date by mail or personal delivery to Bryce Cox, Senior Planner, 1400 Schartz Parkway, Schertz, Texas 78154, by fax Sincerely, Bryce Cox, CFM Senior Planner Reply Form O the request f��2M�� |a�� =� — opposed U neutralto O the request kxZC2M6-003 (PLEASE PRINT) STREET ADDRESS: 1400uchertzParkway + uchenTexasnnw + 210.619.1000 schert?!.Conl t�i�ci�•rr�i�� �� COMINW OR � SUPPORTING OUR WOUNDED TROOPS February 4, 2016 Janis Roznowski Operation Comfort 4900 Broadway, Suite 100 San Antonio, Texas 78209 TDHCA Tim Irvine 221 East 11th Street Austin, TX 78701 RE: Avanti Canyon Application # 16292 Dear Mr. Irvine: I am writing this letter to voice my support for TDHCA Tax Credit Application for the proposed affordable housing development, " Avanti Canyon," to be located East of IH 35, South of FM 2252, in Schertz, Texas, Guadalupe County. Operation Comfort is a tax exempt civic organization that serves the community in which the development site is located with a primary purpose of the overall betterment of the community. We believe that there is a need for housing that is affordable to citizens of modest means and this development will help meet that need. Sincerely, Janis Roznowski Founder & Executive Director 4900 Broadway, Suite 100 San Antonio, Texas 78209 Office 210 - 826 -0500 Fax 210 - 826 -0509 www.operationcomfort.org OFFICERS Torn Russell Chair I-ebruary 25, 2016 Alan Cenai(k Vi(e Chair Big Brothers Big Sisters Of South Texas John Du ref' Treasurer I "DHCA Tim Irvine Jeff Webb 221 Cast I 1 th Street Se(retary /Justin, TX 78701 Denise Rarkhurst President & CEO IZC: Avanti Canyon Application // 16292 Stott Duffy Immediate Pam thmlr 202 Baltimore Ave Antonio, Texas 78215 T 210.225,6322 F 210,225.1961 www.bigmentor.org Dcar Mr. II'ville: DIRLCIORS Marti Ashcroft I and writing this letter to voice lily support for TIT -IC's. Tax Credit /Application ror the: proposed affordable housing development, "Avanti Canyon," to be located Cast of 11135, Robbie Cal7pelta South ol'I�M 2252, in Schertz, Texas, Guadalupc Cotulty, lupila Corbeil Big Brothers Big Sisters of'South Texas serving Guadalupe County is a tax exempt civic tristinm Gun /mle/ organization that Sel'VeS the Co1111111illlty ill Which the &Veloprllellt site is located with a� primary purpose of the overall betterment of the community. We believe that there is a David Gonzalez heed for housing that is affordable to citizens of modest means and this development will Rill Haynie help Meet that need. Ken ileiring Sincerely, Laura linhari. Kistner Rudy Molleda \ Shannon Dixon Mario Muniz Branch Director Travis Nance Big Brothers Big Sisters for Comal and Guadalupe Counties Douglas A. Pone(k John Robertson Dan Suckley Robert Wy(koff AFFLIA1101,N: United Way of San Antonio' Big Brothers Bis Sisters of America" Funded in part by the Texas Department of Family and Protective S crviees' February 11, 2016 TDHCA Tim Irvine 221 East 11th Street Austin, TX 78701 RE: Avanti Canyon Application # 16292 Dear Mr. Irvine: I am writing this letter to voice my support for TDHCA Tax Credit Application for the proposed affordable housing development, "Avanti Canyon," to be located East of IH 35, South of FM 2252, in Schertz, Texas, Guadalupe County. Project MEND is a tax exempt civic organization that serves the community in which the development site is located with a primary purpose of the overall betterment of the community. We believe that there is a need for housing that is affordable to citizens of modest means and this development will help meet that need. Project MEND • 5727 IH 10 West, San Antonio, TX 78201 R210.2123.6363 F 210;223.6441 • www.projectmendl.org LIS= February 26, 2016 TDHCA Tirn Irvine 221 East 11th Street Austin, TX 78701 RE: Avanti Canyon Application # 16292 Dear Mr. Irvine: I am writing this letter to voice my support for TDHCA Tax Credit Application for the proposed affordable housing development, " Avanti Canyon," to be located East of IH 35, South of FM 2252, in Schertz, Texas, Guadalupe County. The Guadalupe County Children's Advocacy Center is a tax exempt organization that serves the community in which the development site is located with a primary purpose of the overall betterment of the community. We believe that there is a need for housing that is affordable to citizens of modest means, of which most of our clients are, and this development will help meet that need. Sincerely, OIIU4�1t&� Christy Williams Executive Director 424 N. River Street • Seguin, Texas 78155 (830) 303 -4760 • www.gccac.net cacti HEELTHE HEEL THE HEROES, HEROES-` 221 Scott Avenue, Universal City ,TY 782611 Dear Mr. Irvine: I am writing this letter to voice my support for TDHCA Tax Credit Application for the proposed affordable housing development, "Avant! Canyon," to be located East of IH 35, South of FM 2252, in Schertz, Texas, Guadalupe County. Heel the Heroes, Inc. is a tax exempt civic organization that serves the community in which the development site is located with a primary purpose of the overall betterment of the community. We believe that there is a need for housing that is affordable to citizens of modest means and this development will help meet that need. Sincerely, m Lyndon Villone Founder / CEO — AKC Evaluator — ABC -CPDT COMMUNITY SERVICIf n)CHHEIRTZ �- OPPORTUNITY NOTICE OF PUBLIC HEARING May 27, 2016 Dee[ Property Own PLANNING &CnbIA0NTIY The8chortz Planning and Zoning Commission will conduct public hearings on Wednesday, June 8, 2016 at 6.00 p.m. located at the Municipal Complex Council max/mym, /*uo ucnouz rerkwmy, Building #4, UuhaMz, Texas to O0OxNar and make recommendation on the following items: ZC20i6-005 A request to amend the Comprehensive land from "Highway Com0orcial"b/ "Commercial Campus" m/ the Future Land Use Plan. The area m generally located south west of the intersection ofFM2252 and |H-35' and io specifically described aS5,829 acres out of the Robert Martin &JNC\F. Walker Survey No, 113, Abstract �W� City of8ohe�� Guadalupe Counk\Texas, - ^ ZC2OiG^0O3 A request to razone approximately 6 acres of land generally located south west of the intersection of FM 2252 and I H-35, from General Business hSB\ho Planned Development Dist iP The �opedvisopauihoa||ydenodb8daaS.Q2Baums .Vtofthe Robe�K�arUD&JNO.F.Wa|�rSuM�/ No. 1i3^Absba��244`Qtxmf8cho ', Guadalupe County, Texas. Because you are a property owner within two hundred %0O\feet of th N o[ property, the Planning and Zoning Commission would like m hear how you feel about these requests and invites you to attend the public hearings, This form 18 used hncalculate the percentage of landowners that support and oppose the request, You may return the reply form below prior b the first public hearing date by mail or personal delivery to Bryce Cox, Senior Planner, 14008chertzParkway, Schertz, Texas 78154 by fax (210) 619-1789, or by e-mail bcox0schertz,com. Bryce Cox, CFM Senior Planner ' |am: in favor of O opposed toV O I am: in favor of 11 op�osed to neutral to El COMMENTS: on PRINT) STREET ADDRESS: �\ the request for2C2M6-0O6 the request for ZC201 6-0 03 SIGNATURE CW 14machortzParkway achortz' Texas nUs4 210.6191000 owertz.cum COMMUNITY SERVICE �)LJHHEIRUFZ �,, OPPORTUNITY NOTICE OF PUBLIC HEARING May 27, 2016 Dear Property Own PLAN0U'iG &C0ATy0yTry DLWELOPMENT The Schertz Planning and Zoning Commission will conduct public hearings on WednesdaV, June 8, 2016 at 6.00 p.m. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building, #4, Schertz, Texas to consider and make recommendation on the following items: ZC2016-005 A request to am, eOdhnCoNVehenokmLoDdHa8bvchuOgiUOappmx0anyGam[nsof and fV0"H/gh�ovCnmDnn[nie|"tn ''Cnm|neda!Ce0pUa"oAtheFUhJnoLaUdUaeP|aO. The.un*a is0eOeaK o'aednoUUhKmatofthaiD~--' -On[FK�22G2 aOd|H-3[, ands spedfoaUydesodbedmm5929aces uuLnfthe Rob*d 'ad|D&JND.F.VVa|ke[Gu--�\'-'-3,Ab��o 244 Ckvof8uhedzBuada|upeCuuOtkTaXao. ` �� . 1 ^ ' ZC2O18^O03 A request tu rezone approximately 6 acres of land generally located south west of the intersection ofFk82252 and /H-35,from General Business \Go/m Planned Development District (p The property io specifically described anO,829 acres out ofthe Robert Martin &JN0.F. Walker Survey No. 113^ Abstract 244` City ofDnhn¢z, Guadalupe County, Texas. Because you are a property owner within two hundred (yU@b*etofth N nt the would like to hear how you feel about these requests and invites you to attend the public hearings, This form is used to calculate the percentage of landowners that support and oppose the request You may return the reply form below prior to the first public hearing date by mail or personal delivery to Bryce Cox, Senior Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619-1789, or by e-mail bcox(aschertz.com, Bryce Cox, CFM Senior Planner Reply Form |e0: in favor of [] opposed to M� [] the request for Z[2U1G~UO5 |oN' ^ in favor of O ��� �1� — [] the request for ZC2016^003 COMMENTS: --e STREET ADDRESS: 4& DATE 1400 Sohertz Parkway Schartz, Texas 78154 + 210.6191000 * xchortz'Gum rc-1 COMMUNITY SERVICE �)CHIIEJRIFZ I OPPORTUNITY NOTICE OF PUBLIC HEARING May 27, 2016 Dear Property Own PLANNING &COARAUN= DEVELOPMENT TheOnheHrtz Planning and Zoning Commission will conduct public — � located n1 the Municipal Complex Council Chambers, 1400 uonenz Parkway, m�ay B u V|Ug �4, �ohe� |e��tn ou_ OxidoYand make recommendation oOthe following ibama| ZG20i6-805 A request to amend the Comprehensive Land Plan by changing approximately 0 acres of land from "H|ghwavCn00n[nia|"0z "Oomm�nio|0gNpon^nD(heFUtUmLaUdUuoP|an.Thne�aingoAen�|y|oCa�daoUOhweatoftho' intersection and IH-35, and is specifically described as 5,929 acres out of the Robert Martin & JNO.F. Walker Survey No. i13, Abstract 244, City ofGohedz. Guadalupe County, Texas, ZC2018~0O3 A request to rezone approximately 6 acres of land generally located south west of the intersection of FM 2252 and IH-35, from General Business 0FAhn Planned Development District The �apec|8m�|ydaochho6an6.S23 acres out ofthe F�beh/Na�inGJNO.F.Wa|�rGumeyNo, 113, Abstract 244,0tvnf�Sc.ertz, Guadalupe County, Texas. Because you are o property owner within two hundred (2OO) feet ofthe subject the P|oR�n0and Zoning Commission would |�eto hear how you �e|about these �qVen�and inW�syou ho attend Ue[Vb` hearings, This form is used /ncalculate the percentage of landowners that support and oppose the request You may return the reply form below ndn[tV the #OdpUbUc headDgdate hym�|orpa�uDalde|ive�tnB�ceOm� Senior P|aOna�14DO8uheUz Parkway, Qche��'— Texas 78154.hyfax (210) 619-1789, or by e-mail bcox@schertz.com, Bryce Cox, CFM Senior Planner Reply Form |aN: ��a�[of [] P�' [] the request fbrZC2U16^0U5 I am: in favor of El opposed to E4,"_ neutralto El the request for ZC2016-003 COMMENTS: (PLEASE PRINT) STREET ADDRESS: /6 )cS o JW1 3--�` 'A) 1�_ 140aohertzPumway ochertz'Texw7mo4 * umuRJmm umertzxvin COMMUNITY SERVICE n)CHHEIRTZ I OPPORTUNITY NOTICE OF PUBLIC HEARING May 27, 2016 Dear Property owner, £LAAINBI�G &C0MA0D= DEVELOPAMNT TbeSuhedz Planning and Zoning Commission will conduct oubic IOoated at the Municipal Complex Council u/axoom, /voo uonenz re0*8y, BV|N|OQ #4, GoUortz, Texas to nVDuide[ and make recommendation nV the following items: ZC2016-005 A request tu amend the Comprehensive Land Plan bv mll Goon* ofandfmm "H' hwavCummoma[to "C0mmeca|OampUe"nDhnFuh0raLa�dUsgPb0.Thnao�a� � euay| ' ooUUhwesoftho '~se' DnfFM 2J62 and IH-35, and is specifically described as 5,929 acres out of the Robert Martin & JNOR Walker Survey No, 113, Abstract 244, City of8nhodz, Guadalupe County, Texas, ZC2U1G^UU3 A request |o rezone approximately 6 acres of land generally located south west of the intersection ofF[W2252 and |H-3G'from General Business (GB) ho Planned Development Dist The property io specifically described en5,92B acres out ofthe Robert Martin & JNOF, Walker Survey No, 113, Abstract 244, City of Schertz, Guadalupe County, Texas, Because you are a property owner within two hundred (20 of the subject the Planning and Zoning Commission wnu�like tn hear how you feel about �eom�gUea�and |n�hmyou ho attend the public -heahUge.7hIs form is used b7calculate the percentage of landowners that support and oppose the request You may return ' thereply form below prior to the first public hearing date by mail or personal delivery to Bryce Cox, Senior Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619-1789, or by e-mail bcox(@scherfz,com, Bryce Cox, OFM Senior Planner |a0: |e0: Reply Form in favor of 11 opposeD1\o lo/, [] �enoqV��for ZC2Oi8'O05 in favor of 11 opposed to COMMENTS: COMMUNITY SERVICE L"FIERUZ 1, OPPORTUNITY NOTICE QF PUBLIC HEARING May 27,2018 Dear Property owner, PLANNING & CO&DT=Y DEVELOPMENT TheSchortz eOd Co00�n�Dw�nokdun ruoxmY� Zoning conduct located at the Municipal Complex Council 0ha�bo�. �4UO DChed� Building ~r~ r*/^nuy, /w//g #4, ou/ou4 Texas to consider and 08ko recommendation oO the following items: ZC20i8^O0S A request to amend the Comprehensive Land Plan by changing approximately G acres nf land from "HighwovCn0me0�a|"to "Oo00en�e|Campus" nK the FidU[aLand Use Plan, The ema|ageUem| dno�hvN*n ofUbe' intersection end |H3 iospodficmUy described ea5.B20 acres out oƒ the Robert Martin &JND.F. Walker Survey No, i13, Abstract 244' City ofGnhertz, Guadalupe County, Texas. ZC201G~003 A request to rezone approximately 6 acres of land generally located south west of the intersection of FM 2252 and IH-35, from General Business io Planned Development District 0` The property |o specifically described aeS,33A acres out ofthe Robert Martin &JNO.F. Walker Survey No. 113, Abstract 244^ City ofOnho z Guadalupe County, Texas, Because you are a property owner within two hundred (20O) feet nf the subject property, 0lap|nOO}n8aVdZnoing Commission would like fo hear how you feel about these requests and invites you 0o attend the 'Dbic hearings. This form b used h/calculate the percentage o/ landowners that support and oppose the You may return the reply form below prior 0o the first public hearing date by mail or personal delivery to Bryce Cox, Senior Planner, 1400 Schertz Parkway, GnheAz, Texas 78i54.bvfax (210) 619-1789, or by e-mail bcox0schertzcom. Bryce Cox, CFM Senior Planner OTREETADDRESG: ux|t: 1400 Schertz Parkway och^rtz' Texas nU*m * 210a9.1000 _11C emmrtz.com R�v�� |om� O V O the request /orZC201G-00S |am: in favor of O opposed to V neutral to U the request for ZC20 COMMENTS: 'o (PLEASE PRINT) OTREETADDRESG: ux|t: 1400 Schertz Parkway och^rtz' Texas nU*m * 210a9.1000 _11C emmrtz.com COMMUNITY �)LJH1JEJRff7/ � OPPORTUNITY NOTICE OF PUBLIC HEARING May 27, 2016 Dear Property owner, � PLANNE'4G &C0&A0NTrY DEVELOPYMNT The SoheHtz Planning and Zoning Commission will conduct public �o�d �t�M��p� C��|� Council Ch��o� bNO 8� � Parkway, -==== , anz '--'' V/|V|Og �k GoUn�� �[eXao(o consider and make recommendation on the following items: ZC2018-O05 A request to amend the Comprehensive Land Plan by changing approximately 6 acres of land from "Highway Commercial" to "Commercial Campus" on the Future Land Use Plan. The area iogene|o|�|u:�edonVUl west ufNe��0ecdonofRN2252 and |H'3S, and �apa�ficaUydaschbedeuS.S28anms out of the Robed ' Martin &JND.F. Walker Survey No. 113'Abstract 244, 0 � h/of8nh�z,GVeda|upeCouof&TeXao, ZC2D18~0U3 A request to rezone approximately 6 acres of land generally located south west of the intersection of FM 2252 and [H-35, from General Business GB)to Planned Development Di8tri PDD ), The pmp*dxiaapao|NoaUydamohbedes5.82Qocmu out ofthe Robe�K�a�in8JNO.F Walker 8UNeyNo, 113.Abuba�244, City nfSrhe '. Guadalupe County, Texas. Because you are e property owner withiM two hundred of the ` subject property, thoP|aUQiOgaDdZo�D'ngCoMMissxinO would like 10 hear hmWyoU feel about these requests and invites you to attend the public hearings, This form used /bcalculate the tage of 6andown that support and oppose the request You return the reply form below prior to the first public hearing date uy mail u/ personal delivery m Bryce Cox, 'Senior Planner, 14UUSoheUz Parkway, Gchertz, Texas 78154,byfax C210\819478Q,orbye-mail . Bryce Cox, CFM Senior Planner |am: in favor of [] 2P ed to Reply Form neutralto [] the request uno hxZ[2018-005 |em: I [] � the 1orZC2016-003 Comm STREET ADDRESS: 140 ochortzparxnay Schertz, Texas nxw 210m191000 * omwrtz�com tr--A COMMUNITY ��Lr�l \ �C1 L SERVICE OPPORTUNITY NOTICE OF PUBLIC HEARING May 27, 2016 Dear Property owner, PLANNING & CONIATUNffY DEVELOPMENT The Schertz Planning and Zoning Commission will conduct public hearings on Wednesday, June 8, 2016 at 6:00 p.m. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to consider and make recommendation on the following items: ZG2016-005 A request to amend the Comprehensive Land Plan by changing approximately 6 acres of land from "Highway Commercial" to "Commercial Campus" on the Future Land Use Plan, The area is generally located south west of the intersection of FM 2252 and IH-35, and is specifically described as 5.929 acres out of the Robert Martin & JNO.F, Walker Survey No. 113, Abstract 244, City of Schertz, Guadalupe County, Texas, ZC2016-003 A request to rezone approximately 6 acres of land generally located south west of the intersection of FM 2252 and I H-35, from General Business (GB) to Planned Development District (PDD). The property is specifically described as 5,929 acres out of the Robert Martin & JNO,F. Walker Survey No, 113, Abstract 244, City of Schertz, Guadalupe County, Texas, Because you are a property,owner within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about these requests and invites you to attend the public hearings. This form Is used to calculate the percentage of landowners that support and oppose the request You may return the reply form below prior to the first public hearing date by mail or personal delivery to Bryce Cox, Senior Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619-1789, or by e-mail bcoxCa)schertz.com. Sincerely, Bryce Cox, CFM Senior Planner Reply Form I am: in favor of n opposed to X neutral to ❑ the request for ZC2016-005 I am* in favor of ❑ opposed to A neutral to ❑ the request for ZG2016-003 COMMENTS: ,-o a:)_ NAME: T SIGNATURE (PLEASE PRINT) STREET ADDRESS: Y 0 Z'h, L, 3 DATE: / ( Q I// (" — PHONE: 1400 Schertz Parkway Schertz, Texas 78154 210.619,1000 X schertz.corn Ir"I COMMUNITY n)CHHERTZ SERVICE OPPORTUNITY NOTICE OF PUBLIC HEARING May 27, 2016 Dear� PlANNiYG &C0yDvjNJIy DBYELOPYMNT ThmSohertz ��Z��o�om0�o�nw0c�dV��N� .,,.� _" ,_� hearings on ai6.0K}lp.ILlocated at the Municipal Complex Council Chambers, 1408chortz BU - ' ' —� consider and make recommendation VO the following items: — ZC2O16-0O5 Amguest to amend the Comprehensive Land Plan bv changing approximately 6 acres of land from "Highway Commercial" to "Commercial Campus" on the Future Land Use Plan. The area is generally located south west of the intersection of FM 2252 and IH-35, and is specifically described as 5,929 acres out of the Robert Martin & JNO,F, Walker Survey No, 113, Abstract 244, City of Schertz, Guadalupe County, Texas. ZC2016-OD3 A ��� mX� ^., .^"~.."" am,y" acres m land generally located south west cn the intersection o1F/N2252 and |H-35.from General Business /GF0to Planned Development District /PD[8. The p�per�inapeci8oe/ydonodbodou6.828aomn out ofthe Robe�Mo�in&JNO`P.VV��r8onx� No. 113`Ahnba��24�� City nfSohe ' Guadalupe County, Texas, Because you are n property owner within two hundred (20@ feet of the ouN*(�p�@a��the Planning and Zoning Oomm�mion would i�etn hear how you �e about �eao[a � invites � h3 ' Ul '- the percentage of landowners that support and oppose the request You may return the reply form below prior to the first public hearing date by mail or personal delivery to Bryce Cox, Senior Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619-1789, or by e-mail bcoxP-schertz.com, Bryce Cox, CFM Senior Planner |em: in favor of [] opposed to V I am: in favor of O opposed to EX (PLEASE PRINT) STREET ADDRESS: Reply Form [autIalto [] the request for Z%C201G^805 �e_utralto[J the request for ZC2Vi6-003 140nohertzrark«ay achertz' Texas rMo4 * e10,619J000 -A oueuz,umn - ,J L / ��� =^^^ `/` ' COMMUNITY SERVICE H [ I F I R I F 711 OPPORTUNITY May 27, 2016 Dear Property Owner, yLANNDNG &CO80BMTY DEVELOPMENT Thm8nhertz Planning and Zoning Commission will conduct public h ' located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schortz, Texas to consider and make recommendation on the following items: ZC2O16-OO5 A request to amend the Comprehensive Land Plan by changing approximately 6 acres of land from "Highway Commoucie|"tn "Commercial Campus" on the Future Land Use Plan, The area is generally located south west of the intersection ofRN2252 and |H-35, and iaepeoifio@i|y described ao5.U2Q acres out of the Robert Martin &JN0.F. Walker Survey No. 113, Abstract 2d4' City of88hedz. Guadalupe County, Texas, ZC2O1G~0O3 A request to rezone approximately 6 acres of land generally located south west of the intersection of FM 2252 and I H-35, from General Business kG0to Planned Development District (PD The property iaopaoifioa!h described zs5.829 acres out ofthe Robert Martin & JNO.F. Walker Survey No. 113, Abstract 244, City of Schertz, Guadalupe County, Texas. Because property owner within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like tn hear how you feel about these requests and invites you hz attend the public hearings, This farm is used h7calculate the percentage of landowners that support and oppose the request You may return the reply form below prior h0 the first public hearing date by mail or personal delivery bo Bryce Cox, Senior Planner, 14UOSohedz Parkway, 8ohertz,Texaa78154.bvfax (210) 619-1789, or by e-mail bcoxAschertz,00m, Bryce Cox, CFM Senior Planner Reply Form |am: in favor of [] opposed to 9 neutralto [] the request fo[ZC2016-OO5 |om: in favor of O opposed to q neutralto O the request for ZC2010-003 COMMENTS: -— (PLEASE PRINT) STREET ADDRESS: DATE: (0- PHONE:60 1wmochortzParkway + uchartz' Texas m15* 210,619x000 ummrtz.cmn COMMUNITY SERVICE C"HIERTZ � OPPORTUNITY NOTICE 0P PUBLIC HEARING May 27, 2016 Dear Property owner, PLANNING &COMyTJNUY DUELOPAUNT TheGchertz Planning and Zoning Commission will conduct public hearings on Wednesday, June 8, 2016 at 6:00 p.m. at the oomovipm Complex,Council uqamuno. 1400 SoDn[tz Parkway, BU|N|UO #4, Sohndz Texas to consider and make recommendation cm the following items: ZC2U18~00S A request |o amend the Comprehensive Land Plan bV changing approximately U acres nf land from "HighwmvCommercial" ho "OoOn0o�j�CampOo"cmtheFUhgraLaDdUnaP|an.ThaamainOeOe;s||Y|On�edsoUUhVmatofthe' -intersection and /H-35, and iaepooifioe||y described aeS.Q28 acres out of the Robert Martin &JNO.F. Walker Survey No, 113' Abstract 244 ` C1�of3ohedz, Guadalupe Couu�,Texas. � ZC2018^003 A request 10 rezone approximately O acres pf land generally located south west of the intersection ofFM2262 and |H^35,from General Business m Planned Development District (PD The property iu specifically described sm5,92S acres out ofthe Robert Martin & JNO.F. Walker Survey No. 113, Abstract 244, City of Schertz, Guadalupe County, Texas. Because you are uproperty owner within two hundred /yOO\ feet of the subject property, the Planning and Zoning Commission would like bo hear how you feel about these requests and invites you hn attend fhepub�hmahOQo.Ihis form /b used k/calculate the percentage of landowners that support and oppose �q uest,You may return the reply form below prior brthe public heahOgd�ebvOnai|nrpemnDe|da|ive�h)B�coCo� Senior PkanUe�j4OOSch*dzP_xva,'Sohe�z,T�as78164,-,'fax C21CA81U'1789,o[bye-mail Bryce Cox, CFM Senior Planner |am: |am: RenlyFunn in favor of D opposed to R neutral to O the request for ZC2016-005 in favor of U opposed to 10 neutral to O the request forZC2Ui6-O03 COMMENTS: OTREBAD0RES8 /� ^ 1*wochertzParkway Schmtz, Texas 78154 JQ * 210u9J000 * omo�umn From: Sent: Monday, June 13, 2016 10:01 PM To: planning@schertz.com; Michael R. Carpenter Subject: low income housing I have experience with Section 8 housing and I do not want that anywhere around me. In the 80's we bought a brand new home in Kirby the Sunrise Subdivision. Lots of young families until the housing market crashed and people just moved out or sold cheap to investors. They rented the homes to section 8 and the neighborhood became crime infested overnight. There were drive by shootings, vandalism, break ins , drug dealers. I had to carry a gun just checking the mail. I do not want this for my new neighborhood. I don't care who tells me different in the end it's going to hurt our home values and our neighborhoods. When we sold the house in Sunrise we barley got what we paid for it 15 yrs prior. A meeting with the guy in charge of HUD at the time also revealed that they did not do any background check on people moving in. After the section 8 people moved into Sunrise the city realized that there was no transportation out in that area for these people. They had VIA bus come out that way. So now we had to pay additional property taxes for VIA. After that the city said Via is out that way so now we will annex you, which they did. I don't see any benefits from having section 8 in our community. Marion Kingshott, BrVce Cox From Sent: Sunday, June 12, 2016 7:47 PM To Michael F[ Carpenter, p|anning4Dxchedzznm Subject: Rezoning I would like to thank Mr. Greenwald and Mr. Crawford for siding with the residents in trying to stop the rezoning at this past meeting. Thank you forth in king of the best interest of the residents, As to the rest of you, I implore you to heed my opinion. We are in the processing of building in Riata subdivision and I think having an apartment complex built in the lot next to Bussey's will increase current issues that Schertz is having. One example is overcrowding of the schools. You could see a rise in individuals renting just to have their children in this school district. This raises concerns around the safety and another being the quality of the district. In regards to safety, a concern I have with the rezoning will be the added traffic. I leave for work about 8:00a.m. and noticed that I often have to sit through multiple light changes waiting to turn around on85. Traffic getting off the highway and traffic trying to get on the highway have collided to what seems almost dangerous levels. I am surprised an accident has not happened yet, Or at least not to my knowledge. I only foresee the traffic situation worsening. I am also concerned about property values, crime and the added value of why we decided to build here, 3chertz is very family friendly area and if things progress with this rezoning | feel |t would affect this community negatively, There is a growing number of residents using social media to band together to help stop this issue, We look forward to meeting with you on the 22nd and we hope you show us that you care about the residents safety, education and concerns, | will be sending this e-mail to our mayor aowell. Thank you, Brittany Marshall Bryce Cox From: INNEEMEMMEMEMEM Sent: Saturday, June 11, 2016 4:45 PM To: planning@schertz,com Subject: 135 rezoning Dear Planning and Zoning Commission, I would like to thank Mr. Greenwald and Mr. Crawford for siding with the residents in trying to stop the rezoning at this past meeting. Thank you for thinking of the best interest of the residents. As to the rest of you, I implore you to heed my opinion. I live in the Belmont Park Subdivision and I think having an apartment complex built in the lot next to Bussey's will increase current issues that Schertz is having. One example is overcrowding of the schools, I believe overcrowding would be detrimental to a child's learning environment. I have lived in Scheitz since 2001, and continue to live here for many reasons. In regards to safety, a concern I have with the rezoning will be the added traffic. Traffic getting off the highway and traffic trying to get on the highway from exit 4177 through exit #178 is already extremely congested. Until construction and revisions to these intersections is complete, I only foresee the traffic situation worsening. Thank you for taking the time to hear my concerns. There is a growing number of residents using social media to band together to help stop this issue. We look forward to meeting with you on the 22nd and we hope you show us that you care about the residents' safety, education and concerns. I will be sending this e-mail to our mayor as well. Thank you, Amy Beierle 821 Secretariat Dr. Schertz ce ox Thank you, Julie Paulson 108 Moming Dew, Cibolo, TX 78108 Bryce Cox From: 11111111111111111011 Sent: Friday, June 10, 2016 1:18 PM To: planning@schertz.com; Michael R. Carpenter Subject: Possible re-zoning issues in Schertz Greetings, I am writing you because I am concerned about the possible low income housing coming to Schertz. Unfortunately, We are unable to attend the meetings regarding this as we are currently out of state. But, we will retuin to our home in Belmont Park on July 1 and be present at all meetings then on. In 2011 - we bought a home in what was once considered Cibolo and now considered Schertz, TX. We are a growing military family with five young children. We left for tlirce years for my husband to serve another assignment and are returning again to Randolph AFB. The safety and security of our children is the most important on our list. I'm concerned that adding low income housing will cause current issues to increase. The schools are already crowded, the traffic is already bad (need I mention the new road construction coming, people -using our neighborhood as a cut - through) and safety wise this will cause issue to our area including a decrease in our property values. I cannot even begin to express how upset I am that this is even being considered in Schertz. I'm hopeful that you can put a halt to this project and any other income based housing projects in Schertz. We worked very hard to get where we are, nothing was just handed to us .... if you cannot afford to live in Schertz, don't live there. Please do not allow this to ruin our neighborhood and community. Thank you for your time, Jeri Bellucei 2648 Pillory Pointe BrVce Cox From: Sent: Thursday, June 9\2O162:27Pk4 To: p|ann1ng@schertz.00m Subject: Rezoning Concerns |vvouW like to thank Mr. Greenwald and Mr. Crawford for siding with the residents |nt 'ngt0stopdhe rezoning at this past meeting, Thank you for thinking of the best interest of the residents, Asto the rest of you, | implore you to heed rnyopinion. I live in the Riata subdivision and I think having an apartment complex built in the lot next to Bussey's will increase current issues that Schertz is having. One example is overcrowding of the schools. One reason I decided to enroll my daughter in the Founders Classical Academy of Schertz is that I believe overcrowding would be detrimental to her learning environment. I moved to Schertz 6 years ago, before I had my daughter, for many reasons, one being the safety and another being the quality of the district. For me to not put her in SCUCISID was not a decision I made lightly, In regards to safety, a concern I have with the rezoning will be the added traffic. I am a teacher and I leave for work about 6:30 a.m. during the school year. In the past 2 months | have noticed that | often have to sit through multiple light chanQesVvoh|ng1otUroaroundoO35,Trafho getting off the highway and traffic trying tn get onthe highway have collided to what seems almost dangerous levels. I am surprised an accident has not happened yet. Or at least not to my knowledge. I only foresee the traffic situation worsening. Thank you for listening. There is a growing number of residents using social media to band together to help stop this issue. We look forward to meeting with you on the 22nd and we hope you show us that you care about the residents safety, education and concerns. I will be sending this e-mail to our mayor as well. Thank you, Mariana Anderson 0ntaKesident J Une 5, 2016 ILI Schertz Planning & Zoning Conunissior> Hal Baldwin Municipal Complex Council Chambers 1400 Schertz Parkway Building #4 Schertz. TX 78154 RE: Opposition to "Avanti Canyon" Proposal Public Hearing ZC2016 -003 & 005 As a resident in the Riata development, I am writing this letter to you to voice my opposition for the development and zoning change proposal submitted by Saigebrook Development. If approved, this proposal would allow affordable, low income, multi - family housing development "Avanti Canyon" in the vicinity of IH -35, South of FM 2252, in Schertz, TX, Guadalupe County greatly affecting the neighboring Belmont and Riata single family housing developments. Upon learning of this proposal, I was surprised at the extremely short timeline for notification and response from the local residences to allow their voices to be heard on such significant matters. According to the posted agenda for the June 8 " meeting, it was noted public notices were "to be mailed to surrounding property owners" on Monday, May 27, 2016. I never received such notice. Furthermore, it was noted that public notice was made through official bulletin on Friday, June P' at 5 pm with a public hearing for local residents to weigh in essentially only three business days later during the Wednesday, 8 June, public hearing. I will be out of town on official govermuent business and am providing this response in addition to my _igned petition with the Belmont and Riata residents opposing a change. As an active duty service member with 18 years of service and single income family of four, I consider ourselves of "modest means." I have not found any substantiating facts to the petition that Saigebrook Development and supporters "believe a need for affordable (low income) housing" exists and that this will ultimately support that cause. Low - income proposed projects only support the needs of the few, mainly the financial benefit of Saigebrook Development, and penalize the majority. I conversely ask, would any of the members serving in the committee or supporting tax exempt organizations support or approve this change in their own respective neighborhoods. Thank you for your time. Sincerely, Shane Sailer 2924 Pawtucket Rd ( Riata) Schertz, TX 78108 Mv signature b herein placed to serve to express [ny opposition bz the expected proposal by Salgebnmmk Development /Devo|opehor any of its representatives bv the property owners tnchange existing zoning on the acreage upon which the Developer proposes to construct multi-family housing /98 units) at|H-35 south west of the intersection ofFK82252 and |H-35|n Schedz TX, Guadalupe County hereafter referred tmas"Avant|Canyun^. The property consists of approximately 6 acres of land which is currently zoned general business district and |m being considered for rezoning for multifamily use. Any change |Athe zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city In the areas offUtUredeveluppOentandrevenuabsa'resu|t|n8inhigbertoxesforSohehzreoidemtm;4\th|s is not an ideal location for residential due to poor connectivity to schools, lack mf access tm quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither; 6) this housing unit will put anadditional burden on our fast-growing SCUCISD. There will likely be minimal tax dollars generated, once again, resulting |n higher taxes for Sche[tzresidents; 7\ impose unacceptable, and unsafe traffic congestion at and around the intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City ofSobertz and its citizens. Further, the denial b critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surroundi.ng area, We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality oƒ Life policy values mf the City's 2O16 Strategic Plan. VVe believe the Plan was deV8|oped with careful consideration by the mit»'S experts and should not be altered at the request of outside interests. LAURA lic Page --'1EVPS Notary Public Signature state of I being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition (ii) I personally circulated the foregoing pages (1-�) of the said petition, (iii) there are ( 60 - signatures, (1v) each of the signatures appearing on such pages was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and, (vi) each signer had an opportunity to read the full text of the petition. Sworn and subscribed to before me, this the �77, day of Ij,jqQ_ �-oj(4 - Page 7 1 t , � ck—y)� V. 0 0 . --- Notary Public Signature 'F'S LAURA L, CARREON 0 Notary Public state of Texas vy C.otnm UP, 09- RIGOTGNIM 0v,k}v pursued by Saigebrook Developm nt and/or its representative companies and/or properly owners. KAy signature is herein placed to serve to express nly opposition tothe expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property' owners to change existing zoning on the acreage upon vvhch the Developer proposes to construct multi-family housing (96 units) at IH-35 south west of the Intersection of FM 2252 and |H-35inSchectz TX, Guadalupe County hereafter referred t000"Auanti CanyoD". The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects oU the property and upon the o�|zensofthe City mfSohe[tz to include: 1) nearby neighborhoods yVU|likely see property value decreases; 2\Impose unnecessary and burdensome character change to the communities adjacent tm the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents ;4\this is not an Ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5\ affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither, G\ this housing unit will put anadditional burden once again, resulting In higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection o{FK42252and IH-3S and surrounding areas. Wa suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would ba sound and further the economic interests of the City ofSchertz and its citizens. Further, the denial |a critical tO accommodate development and alleviate traffic for residents in the surrounding community |n order tm access |H35 and the surrounding area. VVe agree that subject area |s ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. 0 r "' ~ �^w.— Page ~ n»w`vr""~ Notary Public Signature YAS my Comm, Exp, 09 LLS 41 \ _ �® fu -- z LU CD gZ3� tJ ZLn E a 4 cn r In O I fz gg S tw ��}C7 iD- ":r tj ca . Aw, t w I being first duly sworn, on oath confirm that (1) 1 am one of the signers of the above petition (ii) I personally circulated the foregoing pages (1-3, ) of the said petition, (Iii) there are 4 f� signatures, (Iv) each of the signatures appearing on such pages was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to bej. and , (vi) each signer had an opportunity to read the full text of the petition. Sworn and subscribed to before me, this the _1,_ day of At I Notary Public Signature LAURA L. CARREON Notary Public State of Tam My Comm Exp. W23-2019 Mv signature ishu[eNolaoedhoo8[Vetoe*p[esoDly opposition tothe expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes tn construct multi-family housing /AG units) at|H~35 south west Vf the intersection ofFK42262 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avanti Canyon'. The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3\ the loss ofo commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for current/future Schertz residents ; 4) this is not an ideal location for residential due to the property's poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to the 1-35 traffic passerby; 5) affordable housing should be located within walking distance to reasonable job opportunities and near public transportation routes, This property offers neither; 6) this neighborhood will put an additional burden on our fast-growing SCUCISD as there will likely be minimal tax dollars generated, once again, resulting in higher taxes for current/future 3oh$rtzresidents; 7\ impose unacceptable and unsafe traffic congestion atand around the intersection ofFM2752 and |H'_35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request, The denial would he sound and would further the economic interests of the City of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in8rde[tn access |H25 and the surrounding business, VVn agree that the subject area io ideal for Highway CoO0nlon:|olUseVvhiohfU[theFsthe Economic Prosperity and High Quality of Life policy values of the City's 2O16 Strategic Plan. We believe that the Strategic Plan was developed with careful consideration by the city's experts and should not be altered at the mere request of outside interests, (r7&-A"I,PCAIIII6OII of TL 2 19 3 20 11 9 z 0 w O nj J. uj CL uj 10 CL -4 11 9 z 0 w O nj J. uj CL Sworn and subscribed • before me, this the '7 day Page 4 1 LLIL-LL L -- � ec Notary Public Signature a, LAURA L. C=RR E 0 �NO8 Notary Public Rate of Texas tq My Comm. Exp. 09-23-2019 /wr /)� the intersection of FM 2252, Schertz TX, Guadalupe County. As bein pursued bv Saigebrook Development and/or its representative companies and/or property owners. My signature is herein placed tn serve to express [ny opposition tothe expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing /96 units) at{H-2S south west Vf the intersection ofFM2252and IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avanti Canyon". The property consists of approximately 6 acres mf land which |S currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects oD the property and upon the citizens of the City Q{Schertz to include: l) nearby neighborhoods will likely see property value decreases; 2\impose unnecessary and burdensome character change to the communities adjacent to the project area; 3\ the loss ofa commercial real estate will have negative impacts on the city |n the areas of future development and revenue loss, resulting in higher taxes for current/future Sohe|tu residents ; 4) this is not an ideal location for residential due to the property's poor connectivity to schools, lack of access tm quality oflife amenities, and will not beaD attractive site toportray to the | -35 traffic passerby; 5) affordable housing should be located within walking distance to reasonable job opportunities and near public transportation routes. This property offers neither; 6) this neighborhood vVi||putanadd|tioRal burden nO our fast-growing SCUOSDas there will likely ba minimal tax dollars generated, once again, resulting iD higher taxes for current/future Sohe|tz residents; 7) impose unacceptable and unsafe traffic congestion etand around the intersection of FM 2252 and |H-35 and surrounding areas. VVe concur with the Planning Department recommendation to deny the application of the of the Comprehensive Land Plan Amendment 'request. The reasoning of the Planning Department io sound and furthers the economic interests of the city of Sohertz and its citizens. Further, the planned continuation of FM 2252 is a critical need to accommodate development and alleviate tnaffic for residents |n the surrounding community |D order to access |H35 and the surrounding business. Ve agree that the subject area ideal for Highway Commercial use which furthers the Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. VVm believe that the Strategic Plan was developed with careful consideration h«the city's experts and should not bgaltered at the mere request of outside interests. Page I � LAURA L, GARREON otary Public 7, state 0 A J E being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition (ii) I personally circulated the foregoing pages (I- L)) of the said petition, (iii) there are -76 , - signatures, (Iv) each of the signatures appearing on such pages was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and , (vi) each signer had an opportunity to read the full text of the petition. Sworn and subscribed to before me, this the A day ofAv��� Page 5 1- 0 1 A 'rr' t - e rbn�LCAI Notary Public Signature V th �inte�rsection of FM 2252, Schertz TX, GuadaluppSqgpty,,�� pursued by Saigebrook Development a-nd or its representative co ipanies and& pirgpgELY owners. My signature is herein placed to serve to express my opposition to the expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer, proposes to construct multi-family housing (96 units) at IH-35 south west of the intersection of FM 2252 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avant! Canyon". The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) thd loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents; 4) this is not an ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither, 6) this housing unit will put an additional ,burden on our fast-growing SCUCISD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application, of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. llel� I L�J— k-.V-ItY-UV I V I-ILI TViL:6 �,Ms <V Page I Stlt'OtOrYP blic Notary Public Signature �- of Terms - V. Mfhl F 08-42 -2017 - n9 Vtl / l 5;p fS� ffE C v5 its - w` My i3 t 4 ti l E it �i R AW zz "mss G-' LK � 5 ? FR f Pq b rl Ul :9. F_ -. w a• cc: lk J " w ^l c� r5D ha —L—L— — noTI-Im . - " - . . a 19-0-UrIm rill - i d ; I 64'� 4p pursued by Saigebrook Development and/or its representative companies andLor Property owners. My signature is herein placed to serve to express my opposition to the expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing (96 units) of t IH-35 south west of the intersection of FM 2252 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avanti Canyon". The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents; 4) this is not an ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither; 6) this housing unit will put an additional burden on our fast-growing SCUCISD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. T VAWAM Notary Publi State of Texas -12-2017 %�,y Comm. Exp, 08 Page 1 rt _6 - I- I V Notary Public Signature )-�,C ,P(,L, , being first duly sworn, on oath confirm that (1) 1 am Sworn and subscribed to before me, this the _j q day of T10- J My signature is herein placed to serve to express my opposition to the expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing (96 units) at IH-35 south west of the intersection of FM 2252 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avant! Canyon". The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents; 4) this is not an ideal location for residential due to poor connectivity to-schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither, 6) this housing unit will put an additional burden on our fast-growing SCUCISD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City of Schertz and its citizens. Further, the denial Is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. Page 1 Notary Public Signature opportunity to read the full text of the petition. Sworn and subscribed to before me, this the �& day of Jvle- a SARA CORNEJO Notary Public, State of Texas Comm, Expires 04-0&2020 Page 7 /lilt Notary ID 130609448 Notary Public Signature 6 f.: of of kM7 UL-P-1-12- Sworn to MCI sUb8qjhPd before me Op, M 'W� y 00..'w"oon Fxla#r�s 1t My signature is herein placed to serve to express my opposition to the expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing (96 units) at IH-35 south west of the intersection of FIVI 2252 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as ",,Avanti Canyon". The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use, Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents ; 4) this is not an ideal location for residential due to poor connectivity to-schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither, 6) this housing unit will put an additional burden on our fast-growing SCUCISD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. Page 3 Notary Public Signature 0Z c� Lu to zz , a CC to i. NNN top ' Ins ou � 6 k g Q E x C u r q t R4�V, - 5-3 MA cc ¢_ ;Z2 CO v � ` I �1 LLS cr f z NZ Q, ft I Or �I ICI C-1 r-A 6 4- UJ C= I Or �I ICI JE ?�. uj �Irj Al " U bi IL t` cia 0 S Lai t Rte= L� UP c nkf .9 3 l I Vu 1- 44 H� td U% tic � . •, '� r R S�° � it � r , eA t.. ` (• tom. 1 .... r' J q _ VB ti, t 18 6 `w3 $(� •t, 2 c t� Swbrn and subscribed to before me, this the -A�2— day of �J70 W. Page 7 Notary Public Signature r the intersection of FIVI 2252, Schertz TX, Guadalupe County. As bein • VprsuecL_�y Si��iugbrp�k_Qev�elo �ment �and �or it�sre �rese�ntative compan ert Lies.and or ro� owners. My signature is herein placed to serve to express my opposition to the expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing (96 units) at IH-35 south west of the intersection of FM 2252 and IN -35 in Schertz TX, Guadalupe County hereafter referred to as "Avanti Canyon". The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents; 4) this is not an ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither; 6) this housing unit will put an additional burden on our fast-growing SCUCISD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FIVI 2252 and IN -35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IN 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests, Page I Notary Public Signature 4' t i s 4 a m PO jml� fu t� rM Yf OW e Sworn and subscribed to befor h this t A611 day oUll6_41L_6:_U6__l Page 7 ry tau LEWANDA P. TFZENO PS- Notary PUNIC, State of Texas MY COMMISsion Expires -August 25. 2019 U tl Z BEEF Me ursued b Saigebrook Development and or its representative mpa . n �ie s a nd o rr �oe r �to ,My signature is herein placed to serve to express my opposition to the expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing (96 units) at [H-35 south west of the intersection. of FM 22-52 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avanti Canyon'. The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents; 4) this is not an ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither; 6) this housing unit will put an additional burden on our fast-growing SCUCISD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. A­_­ T NWAMS / t I rf b "lot fy P�� a Ls'tate of E, 08 NotarY Public State of Texas Mm , _ -2017 �V my Comm, Exp, 08-12-2017 000�+� Page I Notary Public Signature ,1 nZ-C�n b �dk LLI tj bo 7, , s ®� J LU as Zt Qv C to j .' i being first duly sworn, on oath confirm that (i) I am Sworn and subscribed to before me, this the 13kILday of 7TWA T WIUJ�'C� Ubj ji Notary P i Page 7 State of Texas I'e MY Comm, Exp. 08-12-2017 Notary Public Signature S -k- X My signature is herein placed to serve to express my opposition to the expected proposal by Salgebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing (96 units) at IH-35-south west of the intersection of FM 2252 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avant! Canyon", The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents; 4) this is not an ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither; 6) this housing unit will put an additional burden on our fast-growing SCUC(SD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Sthertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 2252 and M-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. Page 1 Notary Public Signature � rn Swo and subscribed to before me, this the 2—day of Notary Public Signature KAREN SALAS Notary Public State of Texaz My Comm. Exp, 09-14-2019 My signature is herein placed to serge to express my opposition to the expected, proposal by Salgebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer propo ses to and construct multi-family housing (96 units) at IH-35 south west of the intersection I 2252 IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avanti Canyon". The property 6 acres of land which is currently zoned general business district and consists of approximately se. Any change in the zoning of this property is being considered for rezoning for multifamily u would have several adverse effects on the property and upon the citizens of the city of Schertz ghborhoods will likely see-property value decreases; 2) impose to include: 1) nearby neighborhoods nities adjacent to t h e n the areas project unnecessary and burdensome character change to the commu area; 3) the loss of a commercial real estate will have negative impacts on the city i 4) this of future development and revenue loss, resulting in higher taxes for Schertz residents; is not an ideal location for residential dub to poor connectivity tO-schOOls, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passties erband near affordable housing should be located within walking distance to job opportuni public transportation. This property offers neither; 6) this housing unit will put an additional burden on our fast-growing sCUCISD. There will likely be minimal aagain, resulting in higher taxes for Schertz residents; 7) impose uncceptable and unsaf traffic e congestion at and around the intersection of FIVI 2252 and IH-35 and surrounding areas. We suggest that the city/Planning Department recommend disapproval of the application of the of the comprehensive Land Plan Amendment request, The denial would be sound and further the economic interests of the city of Schertz and its citizens. Furter, he denial is critical to accommodate development and alleviate traffic for residents inhere urrounding community in order to access IH 35 and the surrounding area. We agree that suofi Li ct policy ideal for commercial use which furthers Economic Prosperity an gulitfe values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. page 1 Sworn and subscribed to before me, this the day of TWX a T "ILL S @ Page 7 Notary Public State Of Texas My Cbmn, Erp, 08-12 -2017 =` (rotary Public Signature � t t of FM 2252, Schertz TX �Gua dalu �eCO�Unt �.As �be!M pu Sai e�broo�kDe�velo �men�tan�dor �it-s re�res�enta�tive companies and/or propertLgw_ners. My signature is herein placed to serye to express my opposition to the expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing (96 units) at IH-35south west of the intersection of FM 2252 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as oAvanti Canyon". The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use, Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate Will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents; 4) this is not an ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither; 6) this housing unit will put an additional burden on our fast-growing SCUCISD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the city/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the city of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan, We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. Yr T WWAMS L. U Mx-& Notary Public State of Texas Notary Public Signature Page I My Comm, Exp, 08-12-2017 - .... 1 it My signature is herein placed to serve to express my opposition to the expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing (96 units) at 1H- 35-south west of the intersection of FM 2252 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avanti Canyon', The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents; 4) this is not an ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither; 6) this housing unit will put an additional burden on our fast-growing SCUCISD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application Of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. Page 1 Notary Public Signature companies and/or propertv owners. (Continued from Page 6 1 Sworn and subscribed to before me, this the day of J W t.jom MIM Notary Public Signature LC 7 My signature is herein placed to serve to express my opposition to the expected -proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes t 2252 and o construct multi-family housing (96 units) at IH-35 south west of the intersection of FM IH-35 in Schertz TX, Guadalupe County hereafter referred to as "Avanti Canyon"• • The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose th unnecessary and burdensome character change to the communities adjacent to e project area; 3) the loss of a commercial real estate will have negative impacts on the city in the arheas of future development and revenue loss, resulting in higher taxes for Schertz residents ; 4) tis is not an ideal location for residential due to poor connectivity to-schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 pa ssies erband near affordable housing should be located within walking distance; job opportunit public transportation. This property offers neither; 6) this housing unit will put an additional burden on our fast-growing sCUCISD. There will likely be minimal tax dollars ntraffic unaf again, resulting in higher taxes for Schertz residents; 1) impose unaccepable d e congestion at and around the intersection of FIVI 2252 and IH-35 and surrounding areas. We suggest that the city/Planning Department recommend disapproval of the application of the of the comprehensive Land Plan Amendment request. The denial would be e sound denial is and further the economic interests of the city of Schertz and its citizens. Further, h ate traffic for residents in the surrounding critical to accommodate development and allevi hat subject area is community in order to access IH 35 and the surrounding area . We agree; ideal for commercial use which furthers Economic Prosperity and High Quality of Life pi licy values of the City's 2016 Strategic Plan. We believe the Plan Was developed with carefu consideration by the city's: experts and should not be altered at the request of outside interests. T KWAIDS Notary Public State Of Texas My Comm. Exp. 08-12-2017 Notary Public Signature Page 1 Sworn and subscribed to before me, this the ILO day ofT Ame- o T WI W S Pa 7 Notary Public Staff of Ti Illy 11� My Cbirim, Exp. 08-12 -2017 `�''� Y ' Notary Public signature My signature is herein placed to serve to express my opposition to the expected proposal by Saigebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing (96 units) at IH-35south west of the intersection of FM 2252 and IH-35 in Schertz TX, Guadalupe County hereafter referred to as IlAvand Canyon". The property consists of approximately 6 acres of land which is currently zoned general business district and is being considered for rezoning for multifamily use. Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents; 4) this is not an ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5) affordable housing should be located within walking distance to job opportunities and near public transportation. This property offers neither, 6) this housing unit will put an additional burden on our fast-growin'g SCUCISD. There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request. The denial would be sound and further the economic interests of the City of Schertz and its citizens. Further, the denial is critical to accommodate development and alleviate traffic for residents in the surrounding community in order to access IH 35 and the surrounding area. We agree that subject area is ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan, We believe the Plan was developed with careful consideration by the city's experts and should not be altered at the request of outside interests. T WILL' 6 _ZQ LtYYILUIL-IrLU -— Notary Public Page 1 State of Texas Notary Public signature 011-1" My Cotnm, Exp, 08-12-2017.1 _0 �a Sworn and subscribed to before me, this the —0— day of —10 —Affim Page 7 rV Public Signature { ' \ =� companies andjqLpEgp,���� Petition to I . H-J5 south west of the intersection of FM 2252, Schertz TX, Guadalupe County. As being pursued by Saigebrook Development andlor-its representative My signature b herein placed to serve to express my opposition to the expected proposal by Salgebrook Development (Developer) or any of its representatives and/or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi-family housing /98 units) @t|H-35 south west mf the intersection nfFN42%G2and IH-35 In Schertz TX, Guadalupe County hereafter referred to as "Avant! Canyon". The property consists uf approximately 6 acres of land which |S currently zoned general business district and Is being considered for rezoning for multifamily use, Any change in the zoning of this property VVn4|d have several adverse effects on the property and upon the citizens 0f the City ofSChertz to include: 1) nearby neighborhoods will likely see property value decreases; 2) impose unnecessary and burdensome character change to the communities adjacent to the project area; 3) the loss of a commercial real estate will have negative impacts on the city in the areas of future development and revenue loss, resulting in higher taxes for Schertz residents ; 4) this is not an ideal location for residential due to poor connectivity to schools, lack of access to quality of life amenities, and will not be an attractive site to portray to 1-35 passerby's; 5\ affordable housing should be located within walking distance to job opportunities and near public transportatiom This property offers neither; 6) this housing unit will put an additional burden on our fast-growing SCUCISD, There will likely be minimal tax dollars generated, once again, resulting in higher taxes for Schertz residents; 7) impose unacceptable and unsafe traffic congestion at and around the Intersection of FM 2252 and IH-35 and surrounding areas. We suggest that the City/Planning Department recommend disapproval of the application of the of the Comprehensive Land Plan Amendment request, The denial would be sound and further the economic interests of the City nƒ3che[t% and its citizens, Further, the denial |s critical to accommodate development and alleviate traff Ic for residents in the surrounding community in order to access |H35 and the surrounding area, VVe agree that subject area |s ideal for Commercial use which furthers Economic Prosperity and High Quality of Life policy values of the City's 2016 Strategic Plan. We believe the Plan was developed with careful consideration by the city's experts and should not bealtered at the request of outside interests. Page I Notary Public Signature b - €.3 q W 4 .f to 46 tm p s 0 4 4 YS l Hf ill `- L Lu 4'a tom. '. p \" �s Y } ` A TO BLOW Am S 41 d3 L; i '\ 5 0 �6�11001 ON a I Us IN] WYKI the intersection of FM 2252, Schertz TX, Guadalupe County. As being pursued by Saigebrook Development and/or its representative companies and/or property owners. lContinued from Page 6) I 01(ki na�C& being first duly sworn, on oath confirm that (1) 1 am 1 one of the signers of the' bove petition (ii) I personally circulated the foregoing pages (I- ) of the said petition, (iii) there are signatures, (iv) each of the signatures appearing on such pages was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and , (vi) each signer had an opportunity to read the full text of the petition, Sworn and subscribed to before me, this the I day of J �( 6 e- L Notary Public Signature MARIA D, LOPEZ Notery Public, State of Texas Comm. Mxplres 09.06-2017 N011"ARY ID#: 12954987-1 Golden Steves Cohen gy", Gordon,-,-,, n f T 0 R Nr Y', A I L A VV July 1, 2016 Schertz City Council 1400 Schertz Parkway Schertz, TX 78154 TREY JACOBSON *Non-Attorney Professional 210.745.37271 fax: 210.745.3737 TJacobson@goldensteves.com Subject: Continuance of Avanti Canyon Plan Amendment & Zoning Case (ZC2016-003 and ZC2016-005) Dear Mayor Carpenter and City Council: As you are aware, Saigebrook Development (acting through Avanti Canyon, LLC) has submitted an application to rezone an approximately 5.9 acre parcel in connection with an $18.8 million apartment development, financed in part with proceeds allocated by the Texas Department of Housing and Community Affairs. In connection with the rezoning, a request to amend the master plan amendment is also being considered. We are requesting that the plan amendment and zoning cases be continued until the July 26, 2016 meeting in order to provide our team with additional time to respond to community concerns. Because City staff has already advertised the public hearing for the plan amendment and zoning cases, we were unable to delay the hearing administratively. As such, we will be required to formally request the continuance at the July 12t" City Council meeting when the cases are scheduled to occur. This will require City Council action to set a new public hearing for each. In connection with this request, we will be notifying the Belmont and Riata (HOAs which oppose the rezoning) of our intent to continue the case. Ideally, this will allow the City Council to defer action and public comment until such time that the case is considered on July 26t". We appreciate your consideration of this request. Sincerely, cz� Trey Jacobson cc: Brenda Dennis, City Secretary Brian James, Executive Director Lesa Wood, Planning & Community Development Director Bryce Cox, Planner 067543.00001 250219 Q 300 Convent Street, Suite 2600 - San Antonjo,'t'cxas 78205 - 210.745,3700 - fax 210.745.3737